Vacancies in the office of county commissioner - county commissioner vacancy election - repeal

1-12-206. Vacancies in the office of county commissioner - county commissioner vacancy election - repeal. (1) In case of a vacancy occurring in the office of county commissioner, a vacancy committee constituted as provided in this section shall, by a majority vote of its members present at a meeting called for the purpose, fill the vacancy by appointment within ten days after the occurrence of the vacancy. The meeting shall not be held unless a quorum is present consisting of not less than one-half of the voting members of the vacancy committee. A member of the vacancy committee may not 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. If the vacancy committee fails to fill the vacancy within ten days, the governor shall fill the vacancy by appointment within fifteen days after the occurrence of the vacancy. (2) If the vacating commissioner was elected by the electors of the whole county, whether at large or from a district, the successor shall be appointed by a vacancy committee constituted of those persons selected at the county central committee organizational meeting of the same political party as the vacating commissioner. In selecting the members of a vacancy committee, the central committee of a jurisdiction shall select, at a minimum, the members of the jurisdiction's central committee. (3) If the vacating commissioner was elected only by the electors of the district from which the vacating commissioner was elected, the county commissioner district central committee of the same district and political party as the vacating commissioner shall appoint a vacancy committee whose sole purpose shall be to name a successor to the position of county commissioner. In selecting the members of a vacancy committee, the central committee of a jurisdiction shall select, at a minimum, the members of the jurisdiction's central committee. In the event the county commissioner district central committee fails to appoint a vacancy committee, the vacancy committee shall consist of the members of the jurisdiction's central committee. (4) If the vacating commissioner is unaffiliated, then a registered unaffiliated successor shall be appointed by the governor, acting as a vacancy committee, within ten days after the vacancy. (4.5) If the vacating commissioner is affiliated with a minor political party, then a registered elector affiliated with the same minor political party shall be appointed as the successor pursuant to the constitution or bylaws of the minor political party. (5) Any person appointed to a vacancy in the office of county commissioner under this section must be a resident of the county and reside within the district, if any, in which the vacancy exists and must be a member of the same major political party or minor political party, if any, shown in the statewide voter registration system as the vacating commissioner. Except as otherwise provided in subsection (8) of this section, a person appointed pursuant to this section holds the office until the next general election or until the vacancy is filled by election according to law. (6) A vacancy committee may not 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 is mailed to each member of the vacancy committee at least six days before the meeting by the chairperson of the central committee. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail with first-class postage prepaid. (7) (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. (8) (a) Except as provided in section 1-12-208 and notwithstanding any provision to the contrary in section 1-4-1010, unless the political party has voted pursuant to subsection (9) of this section to continue to fill vacancies by vacancy committee according to subsection (1) of this section, for counties with a population of at least fifty thousand active voters as of the date of the last general election that are not home rule counties, if a vacancy in the office of county commissioner occurs on or after July 31 of an even-numbered year and before July 31 of the next odd-numbered year and the former commissioner whose seat is vacant was affiliated with a major political party, the vacancy must be filled by a vacancy committee pursuant to subsection (1) of this section until the next regularly scheduled odd-year November election, when the vacancy must be filled by county commissioner vacancy election; except that, if the vacancy occurs for a seat that is scheduled to be on the ballot at the upcoming general election held in that even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before the ninety-day period governed by section 1-12-208, the vacancy is filled by vacancy committee pursuant to this section. The candidate elected in the county commissioner vacancy election shall serve until the next regularly scheduled general election, when the vacancy must be filled by election. (b) The only candidates who may run in a county commissioner vacancy election are candidates who are members of the same political party and residents of the same district as the former commissioner whose seat is vacant. A candidate must be registered with the same major political party as the vacating commissioner by the first business day in January of the calendar year in which the county commissioner vacancy election occurs. (c) A candidate for a county commissioner vacancy election is eligible to be placed on the ballot if the candidate: (I) Files a nominating statement on a form created by the candidate's political party that is signed by at least thirty percent of the applicable vacancy committee members with the county clerk and recorder and the candidate's political party before 5 p.m. on the seventieth day preceding the county commissioner vacancy election; or (II) Submits to the county clerk and recorder, no later than thirty days after their petition format has been approved or eighty-five days prior to the county commissioner vacancy election, whichever is sooner, a notarized candidate's statement of intent and a petition signed by at least two hundred electors who have been affiliated with the same political party as the candidate for twenty-two days before signing the petition and are 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 subsection (8) of 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, as well as provisions of part 9 of article 4 of this title 1 that apply to the secretary of state's review of petitions, do not apply to petitions submitted and reviewed pursuant to subsection (8) of 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 county clerk and recorder 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. (d) A candidate shall only seek to be placed on the ballot for a county commissioner vacancy election through one, but not both, of the methods described in subsection (3)(c) of this section. (e) (I) The candidate's political party county chair shall verify that a nominating statement filed pursuant to this subsection (8) satisfies the requirements of subsection (8)(c)(I) of this section. Upon the political party county chair's verification that the nominating statement is sufficient, the county clerk and recorder shall certify the candidate to the ballot. (II) If a vacancy committee member signs a nominating statement in accordance with subsection (8)(c)(I) of this section after having signed another nominating statement filed for the same office in the same county commissioner vacancy election, the vacancy committee member's signature only counts toward the thirty percent of applicable vacancy committee member signatures required pursuant to subsection (8)(c)(I) of this section on the first nominating statement submitted that contains the signature. (f) (I) The county clerk and recorder shall verify that a petition submitted pursuant to this subsection (8) satisfies the requirements of subsection (8)(c)(II) of this section. The county clerk and recorder shall review the petition according to section 1-4-908; except that the county clerk and recorder shall notify the candidate of the sufficiency or insufficiency of the petition no later than ten calendar days after receiving the petition. If the county clerk and recorder determines the petition to be sufficient, the county clerk and recorder shall issue a statement of sufficiency. Protests and review of the sufficiency of a petition are according to sections 1-4-909 and 1-4-911. Candidate placement on the ballot is drawn by lot. (II) If an eligible elector signs a petition in accordance with subsection (8)(c)(II) of this section after having signed another petition submitted for the same office in the same county commissioner vacancy election, the elector's signature only counts toward the two hundred elector signatures required pursuant to subsection (8)(c)(II) of this section on the first petition submitted that contains the signature. (g) The only voters who may vote in the county commissioner vacancy election are eligible electors of the county of the former commissioner whose seat is vacant and who: (I) Are affiliated, as of the twenty-second day before the county commissioner vacancy election, with the same political party as the former commissioner whose seat is vacant; or (II) Are unaffiliated with a political party as of the twenty-second day before the county commissioner vacancy election. (h) Except as modified by this subsection (8), the appropriate county clerk and recorder shall conduct the county commissioner vacancy election as part of the coordinated odd-year November election. (i) Upon receipt of the certified abstract of votes cast, the county clerk and recorder shall issue a certificate of election to the successor candidate who received the highest number of votes at the county commissioner vacancy election. The candidate who received the highest number of votes must be sworn in and assumes the duties of the office upon certification of the election results. (j) County commissioner vacancy elections are subject to the appropriate sections of article 45 of this title 1 and article XXVIII of the state constitution. An individual who seeks nomination or election to the office of county commissioner at a county commissioner vacancy election is a candidate for purposes of article 45 of this title 1 and section 2 (2) of article XXVIII of the state constitution. (k) A candidate in a county commissioner 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 county commissioner vacancy election must be appointed and certified in the manner provided in section 1-10-101. Election judges for county commissioner 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 county commissioner 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 appropriate county clerk and recorder may determine. (9) (a) A political party may choose to continue to fill a vacancy in the office of county commissioner by vacancy committee according to subsection (1) of this section rather than by the county commissioner vacancy election process established by subsection (8) 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 central committee must occur no later than October 1 of the year preceding the year in which a county commissioner vacancy election would be held. For purposes of this vote, members of the state central committee shall not vote by proxy. (b) (I) A political party may choose to opt out of a county commissioner vacancy election to be held in November 2025 if at least three-fourths of the total voting membership of the party's state central committee affirmatively votes to continue to fill a vacancy in the office of county commissioner by vacancy committee according to subsection (1) of this section. Such vote of the party central committee must occur no later than June 30, 2025. For purposes of this vote, members of the state central committee shall not vote by proxy. (II) This subsection (9)(b) is repealed, effective January 1, 2026. Source: L. 92: Entire article R&RE, p. 801, � 15, effective January 1, 1993. L. 98: (4.5) added and (5) amended, p. 260, � 16, effective April 13. L. 2008: (1) amended and (6) added, p. 1747, � 2, effective August 5. L. 2016: (5) amended, (SB 16-142), ch. 173, p. 588, � 67, effective May 18. L. 2021: (7) added, (HB 21-1001), ch. 1, p. 2, � 4, effective January 20; (7)(b) repealed, (SB 21-250), ch. 282, p. 1667, � 67, effective June 21. L. 2022: (2) and (3) amended, (HB 22-1044), ch. 83, p. 403, � 2, effective August 10. L. 2025: (1) and (5) amended and (8) and (9) added, (HB 25-1319), ch. 272, p. 1405, � 3, effective May 28. Editor's note: This section is similar to former � 1-12-106 as it existed prior to 1992.