Vacancies in general assembly

1-12-203. Vacancies in general assembly. (1) In the event of a vacancy in the general assembly caused by the death or resignation of a member who has been sworn into office, caused by the death or resignation of a member who has been elected to a seat but who has not yet been sworn into office, or caused by a person not taking the oath of office as provided in subsection (3)(b) of this section, the vacancy shall be filled by the appropriate vacancy committee, if any, as provided in section 1-3-103 (1)(d), of the same political party and of the same representative or senatorial district represented by the former member whose seat is vacant. If the member was affiliated with a minor political party, then the vacancy must be filled by the vacancy committee designated in the constitution or bylaws of the minor political party. If the member was unaffiliated with a political party, then the vacancy must be filled by the vacancy committee designated on the petition for nomination pursuant to section 1-4-802 (1)(e); except that, if the member has no vacancy committee, the vacancy must be filled by the governor. Except as otherwise provided in subsection (1.5) of this section, the vacancy must be filled until the next general election after the vacancy occurs, when the vacancy must be filled by election. (1.5) (a) Except as provided in section 1-12-208, and notwithstanding section 1-4-1010, if a vacancy in the general assembly occurs on or after July 31 of an odd-numbered year and before July 31 of the next even-numbered year and the former member whose seat is vacant was affiliated with a major political party, the vacancy must be filled by a vacancy committee pursuant to subsection (1) or (5) of this section until the next general election after the vacancy occurs, when the vacancy must be filled by election. (b) Except as provided in section 1-12-208, and notwithstanding section 1-4-1010, if a vacancy in the general assembly occurs on or after July 31 of an even-numbered year and before July 31 of the next odd-numbered year and the former member whose seat is vacant was affiliated with a major political party, the vacancy must be filled by a vacancy committee pursuant to subsection (1) or (5) of this section until the next odd-numbered year coordinated election, when the vacancy must be filled by a major political party vacancy election; except that, if the vacant seat is scheduled to be on the ballot at the next general election in an even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before ninety days remain in the vacant term, the remainder of the vacant term must be filled by a vacancy committee pursuant to subsection (1) of this section. The candidate elected in the major political party vacancy election shall serve until the next general election, when the vacancy must be filled by election. (c) The only candidates who may run in a major political party vacancy election described in subsection (1.5)(b) of this section are candidates who, as of no later than the first business day of the January immediately preceding the major political party vacancy election, or as otherwise provided by the applicable party's rule, are members of the same political party and, as of no later than one year prior to the major political party vacancy election, are residents of the same representative or senatorial district as the former member whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who: (I) Are, as of the twenty-second day before the major political party vacancy election, affiliated with the same political party as the former member whose seat is vacant or unaffiliated; and (II) Reside in the same representative or senatorial district represented by the former member whose seat is vacant. (d) A candidate must be placed on the ballot for a major political party vacancy election described in subsection (1.5)(b) of this section if the candidate: (I) Files a nominating statement on a form created by the candidate's political party that is signed by thirty percent of the applicable vacancy committee members with the secretary of state and the candidate's political party before 5 p.m. on the seventieth day preceding the major political party vacancy election; or (II) Submits to the secretary of state, no later than thirty days after their petition format has been approved or eighty-five days prior to the major political party vacancy election, whichever is sooner, a notarized candidate's statement of intent and a petition signed by at least two hundred electors, each of whom has been affiliated with the same political party as the candidate for at least twenty-two days prior to signing, and each of whom is eligible to vote in the district for which the candidate is to be elected. Part 9 of article 4 of this title 1 applies to petitions submitted pursuant to this section; except that the provisions of part 9 of article 4 of this title 1 that conflict with the requirements or timeline described in this section do not apply to petitions submitted pursuant to this section. Petitions must not be circulated and signatures must not be obtained prior to the first business day after the effective date of the vacancy. A petition must not be circulated until it has been approved as meeting the requirements of section 1-4-904 as to form. The secretary of state shall approve or disapprove a petition as to form no later than the close of the second business day following submission of the proposed petition. (e) If a vacancy committee member signs a nominating statement in accordance with subsection (1.5)(d)(I) of this section after having signed another nominating statement filed for the same office in the same major political party vacancy election, the vacancy committee member's signature only counts toward the thirty percent of applicable vacancy committee member signatures required pursuant to subsection (1.5)(d)(I) of this section on the first nominating statement submitted that contains the signature. (f) If an eligible elector signs a petition in accordance with subsection (1.5)(d)(II) of this section after having signed another petition submitted for the same office in the same major political party vacancy election, the elector's signature only counts toward the two hundred elector signatures required pursuant to subsection (1.5)(d)(II) of this section on the first petition submitted that contains the signature. (g) The party chairperson of the vacancy committee of the district in which the candidate is running shall verify that a nominating statement filed pursuant to this section satisfies subsections (1.5)(d)(I) and (1.5)(e) of this section. The secretary of state shall verify that a petition submitted pursuant to this section satisfies subsections (1.5)(d)(II) and (1.5)(f) of this section. (h) The only candidates who are placed on the ballot for a major political party vacancy election are those described in subsections (1.5)(d)(I) and (1.5)(d)(II) of this section. (i) A major political party vacancy election must be certified by the secretary of state in the same manner as an odd-year November election is certified pursuant to section 1-5-203 (1). The secretary of state shall certify placement of the candidates on the ballot as drawn by lot. (j) The major political party vacancy election must be conducted as part of the odd-year November coordinated election. (k) A candidate in a major political party vacancy election may select watchers in the same manner as a candidate in a nonpartisan election as provided in section 1-7-107. The members of the canvass board for a major political party vacancy election must be appointed and certified in the manner provided in section 1-10-101. Election judges for major political party vacancy elections must be appointed in the same manner as election judges for partisan elections in accordance with section 1-6-111. (l) If, at a major political party vacancy election, after all recounts have been completed, any two or more candidates tie for the highest number of votes for the same office, the tie must be resolved in a manner agreed upon by the tying candidates. In case the candidates fail to agree on the method of resolution within five days after the canvass is complete, the tie must be resolved by lot to be cast as the secretary of state may determine. (1.7) A political party may choose to continue to fill a vacancy in the general assembly by vacancy committee according to subsection (1) of this section rather than by a major political party vacancy election established by subsection (1.5) of this section if at least three-fourths of the total voting membership of the party's state central committee affirmatively votes to do so. Such vote of the party's state central committee must occur no later than October 1 of the year preceding the year in which a major political party vacancy election would be held. For purposes of this vote, members of the party's state central committee shall not vote by proxy. (2) No vacancy committee may select a person to fill a vacancy at a meeting held pursuant to this section unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members at least ten days prior to the meeting by the chairperson of the central committee that selected the members. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. (3) (a) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose and open to the public, shall select a person who possesses the constitutional qualifications for a member of the general assembly and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration system as the former member whose seat is vacant. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy. All vacancy committee meetings must be accessible in real time by live streaming video or audio that is recorded and accessible to the public. The committee shall certify the selection to the secretary of state within thirty days from the date the vacancy occurs; except that, in the case of a vacancy filled pursuant to section 1-4-1006, the committee shall certify the selection within thirty days after the date of the general election affected by the vacancy. If the vacancy committee fails to certify a selection within thirty days in accordance with this subsection (3), the governor, within five days, shall fill the vacancy by appointing a person having the qualifications set forth in this subsection (3). The name of the person selected or appointed must be certified to the secretary of state. (b) No sooner than two days after receiving the certification from the vacancy committee, the secretary of state shall certify the name of the person selected or appointed to the appropriate house of the general assembly. The oath of office shall be administered to the person within thirty days of the receipt of such certification by the appropriate house or on the convening date of the general assembly, whichever occurs first; except that the president of the senate or the speaker of the house of representatives, as appropriate, shall extend the time to take the oath upon a finding that extenuating circumstances prevented the person from taking the oath within the initial thirty-day period. In the event the person does not take the oath of office in accordance with this paragraph (b), the office shall be deemed vacant and shall be filled by the appropriate vacancy committee pursuant to the provisions of this section. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office and shall serve until the next convening of the general assembly following the election certification and qualification of a successor. Nothing in this subsection (3) shall be construed to reduce the number of consecutive terms that a person appointed to fill a vacancy in the general assembly may serve in accordance with section 3 of article V of the state constitution. (4) For purposes of this section, a vacancy caused by the resignation of a member of the general assembly occurs on the effective date of the member's letter of resignation to the chief clerk of the house of representatives or the secretary of the senate. If the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee may meet no more than twenty days prior to the effective date of the resignation for the purposes of nominating a person to fill the vacancy. The certification of the nominee of the vacancy committee to the secretary of state may not be made prior to the effective date of the resignation; further, should the member of the general assembly withdraw the letter of resignation prior to the effective date, the person nominated by the vacancy committee may not be certified to the secretary of state. (5) If the vacancy is caused by the death of a member-elect of the general assembly who has been elected to office but who has not yet been sworn in, the vacancy committee shall meet no more than thirty days after the death of the general assembly member-elect to fill the vacancy. The certification of the nomination of the vacancy committee to the secretary of state may be made prior to the convening of the general assembly but shall not take effect until the effective date of the vacancy, which is the first day the general assembly convenes. (6) (a) Notwithstanding any provision to the contrary, a member of a vacancy committee filling a vacancy pursuant to this section may participate in a vacancy committee meeting remotely, including casting the member's vote by email, mail, telephone, or through an internet-based application if allowed by the party's rules. (b) Repealed. Source: L. 92: Entire article R&RE, p. 800, � 15, effective January 1, 1993. L. 95: (1) and (3) amended and (4) and (5) added, p. 851, � 80, effective July 1. L. 98: (1) and (3) amended, p. 260, � 15, effective April 13; (3) amended, p. 812, � 2, effective May 26. L. 99: (3) amended, p. 934, � 4, effective August 4. L. 2008: Entire section amended, p. 1745, � 1, effective August 5. L. 2016: (3)(a) amended, (SB 16-142), ch. 173, p. 587, � 66, effective May 18. L. 2017: (3)(a) amended, (SB 17-209), ch. 234, p. 963, � 10, effective August 9. L. 2021: (6) added, (HB 21-1001), ch. 1, p. 2, � 3, effective January 20; (6)(b) repealed, (SB 21-250), ch. 282, p. 1667, � 66, effective June 21. L. 2025: (1) and (3)(a) amended and (1.5) and (1.7) added, (HB 25-1315), ch. 180, p. 770, � 4, effective August 6. Editor's note: (1) This section is similar to former � 1-12-103 as it existed prior to 1992. (2) Amendments to subsection (3) by House Bill 98-1110 and Senate Bill 98-193 were harmonized.