16-343. Filling vacancy caused by death or incapacity or withdrawal of candidate

1. A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a candidate after the close of petition filing but prior to a primary or general election shall be filled by the political party with which the candidate was affiliated as follows:
   1. In the case of a United States senator or statewide candidate, the state executive committee of the candidate's political party shall nominate a candidate of the party's choice and shall file a nomination paper and affidavit complying with the requirements for candidates as stated in section 16-311 in order to fill the vacancy.

   2. In the case of a vacancy for the office of United States representative or the legislature, the party precinct committeemen of that congressional or legislative district shall nominate a candidate of the party's choice and shall file a nomination paper and affidavit complying with the requirements of section 16-311.

   3. In the case of a vacancy for a county or precinct office, the party county committee of counties with a population of less than two hundred fifty thousand persons according to the most recent United States decennial census and, in counties with a population of two hundred fifty thousand persons or more according to the most recent United States decennial census the county officers of the party together with the chairman of the party precinct committeemen in each legislative district of the county, shall nominate a candidate of the party's choice and shall file a nomination paper and affidavit complying with the requirements of section 16-311 to fill such vacancy.

2. The nomination paper and affidavit required in subsection A of this section shall be filed with the office with which nomination petitions were to be filed at any time before the official ballots are printed.

3. Any meetings for the purpose of filing a nomination paper and affidavit provided for in this section shall be called by the chairman of such committee or legislative district, except that in the case of multicounty legislative or congressional districts the party county chairman of the county having the largest geographic area within such district shall call such meeting. The chairman or in his absence the vice-chairman calling such meeting shall preside. The call to such meeting shall be mailed or given in person to each person entitled to participate therein no later than one day prior to such meeting. A majority of those present and voting shall be required to fill a vacancy pursuant to this section.

4. A vacancy which occurs following the printing of official ballots shall not be filled in accordance with this section, however, prospective candidates shall comply with the provisions of section 16-312.

5. Candidates nominated pursuant to subsection A of this section or a candidate running as a write-in candidate under subsection D of this section may be a candidate who ran in the immediately preceding primary election for the office and failed to be nominated.

6. If a vacancy occurs as described in subsection A of this section for a state office, the secretary of state shall notify the various boards of supervisors as to the vacancy. The boards of supervisors shall notify the inspectors of the various precinct election boards in the county, district or precinct where a vacancy occurs. In the case of a city or town election, the city or town clerk shall notify the appropriate inspectors.

7. The inspectors shall post the notice of vacancy in the same manner as posting official write-in candidates. In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors shall post the notice of withdrawal in a conspicuous location in each polling place.

WARNING - The above text was curent June 2003, but may be outdated now.