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2015 SESSION

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SB 1066 Elected offices; term of officer elected to fill vacancy, filling vacancies in U.S. Senate & House.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Vacancies in elected offices; terms of office; special elections. Prohibits a special election to fill a vacancy in an office from being held on the same day as the general election at which that office is regularly scheduled to be filled. The bill further prohibits an election to fill a vacancy in the representation of the Commonwealth in the United States Congress from being ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled. The bill provides that the term of office of any person who is elected at a general election to an office that is vacant at the time of the election shall begin when the person so elected has qualified and taken the oath of office. This bill is identical to HB 1296.

SUMMARY AS PASSED SENATE:

Vacancies in elected offices; terms of office; special elections. Provides that when an officer is elected at a general election to an office that is vacant or held by a person who was elected at a special election to fill a vacancy in that office, that officer's term of office shall begin when he has qualified and taken the oath of office. A person elected at a special election to fill a vacancy shall serve until a candidate who is elected at the general election for that office has qualified and taken the oath of office. The bill prohibits a special election to fill a vacancy from being held if the general or special election at which it is to be held is within 75 days of the end of the term of the office to be filled. The bill also prohibits a special election to fill a vacancy in an office from being held on the same day as the general election at which that office is regularly scheduled to be filled.

SUMMARY AS INTRODUCED:

Ballots; single ballot used for concurrent elections. Provides that when a special election to fill a vacancy in an office has been called on the day of the general election at which that office is regularly scheduled to be filled, if the same candidates, including party nominees and independent candidates, have qualified to have their names printed on the ballots for the same office at the concurrently held general and special elections, then a single ballot shall be used. The bill provides that a candidate who has qualified to have his name printed on the ballot for the office at the general election is deemed to have qualified to have his name printed on the ballot for that same office at the concurrently held special election, provided he has filed a declaration of candidacy for that office at the special election. However, the bill allows such a candidate to opt out of being a candidate at the special election and allows persons who did not qualify to have their name printed on the ballot at the general election to seek to qualify for the special election. Additionally, the political parties have the right to nominate or to hold a primary to nominate a different candidate for the special election.