Legislation
SECTION 6-148
Nomination and designation; filling vacancies
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-148. Nomination and designation; filling vacancies. 1. A vacancy
in a designation or nomination caused by declination, where a
declination is permitted by this article, or by the death or
disqualification of the candidate, or by a tie vote at a primary, may be
filled by the making and filing of a certificate, setting forth the fact
and cause of the vacancy, the title of the office, the name of the
original candidate, if any, and the name and address of the candidate
newly designated or nominated.
2. A vacancy in a designation or independent nomination, or in a party
nomination made otherwise than at a primary, may be filled by a majority
of the committee to fill vacancies shown upon the face of the petition
or certificate of the designation or nomination in which the vacancy
occurs.
3. A vacancy in a nomination made at a primary, or by a tie vote
thereat, may be filled by a majority of the members, of the party
committee or committees last elected in the political subdivision in
which the vacancy occurs, present at a meeting at which there is a
quorum, or by a majority of such other committee as the rules of the
party may provide; provided, however, that a vacancy in a joint
nomination for the offices of governor and lieutenant governor made at a
primary election, or a vacancy in a joint designation or joint
nomination for such offices caused by declination, death, or
disqualification and not filled by the committee to fill vacancies,
shall be filled by the appropriate committee or committees pursuant to
this subdivision and party rules. A single certificate shall be filed
pursuant to the requirements of subdivisions four and five of this
section to fill such vacancy.
4. If the vacancy be filled by a committee named in a petition or
certificate of nomination, the new certificate shall be signed by a
majority of such committee; if filled by any other committee, it shall
be signed by the presiding officer and secretary of the committee.
Appended to the certificate shall be the affidavit of the persons
signing the certificate that they were a majority of such committee, or
such officers, as the case may be, and that the statements in such
certificate are true.
5. The certificate designating a person to fill a vacancy in a
designation or nomination shall have appended thereto his written
consent to be so designated or nominated, duly acknowledged.
6. When a certificate of a new designation or nomination shall be
filed with the state board of elections after such board has given
official notice, pursuant to the provisions of this chapter, to the
several boards of elections, of the names to appear on the ballot at the
election to which such new designation or nomination applies, such board
shall forthwith certify to the proper board of elections the name of the
person designated or nominated by such certificate and such other facts
as are required to be stated therein.
7. A vacancy occurring in a joint designation or joint nomination for
the offices of governor and lieutenant governor before a primary
election, whether caused by declination pursuant to section 6-146 of
this article, or by the death or disqualification of either candidate
designated or nominated, may be filled by the committee to fill
vacancies shown upon the face of the petition or certificate of such
joint designation or joint nomination. Such vacancy in the joint
designation or joint nomination shall be filled by the making and filing
of a single certificate, setting forth the fact and cause of the
vacancy, the title of the vacant office in the joint designation or
joint nomination, the names of the original candidates, and the name and
address of the candidate or candidates newly designated or nominated
jointly for the offices of governor and lieutenant governor. Such
certificate shall comply with the requirements of subdivisions four and
five of this section.
in a designation or nomination caused by declination, where a
declination is permitted by this article, or by the death or
disqualification of the candidate, or by a tie vote at a primary, may be
filled by the making and filing of a certificate, setting forth the fact
and cause of the vacancy, the title of the office, the name of the
original candidate, if any, and the name and address of the candidate
newly designated or nominated.
2. A vacancy in a designation or independent nomination, or in a party
nomination made otherwise than at a primary, may be filled by a majority
of the committee to fill vacancies shown upon the face of the petition
or certificate of the designation or nomination in which the vacancy
occurs.
3. A vacancy in a nomination made at a primary, or by a tie vote
thereat, may be filled by a majority of the members, of the party
committee or committees last elected in the political subdivision in
which the vacancy occurs, present at a meeting at which there is a
quorum, or by a majority of such other committee as the rules of the
party may provide; provided, however, that a vacancy in a joint
nomination for the offices of governor and lieutenant governor made at a
primary election, or a vacancy in a joint designation or joint
nomination for such offices caused by declination, death, or
disqualification and not filled by the committee to fill vacancies,
shall be filled by the appropriate committee or committees pursuant to
this subdivision and party rules. A single certificate shall be filed
pursuant to the requirements of subdivisions four and five of this
section to fill such vacancy.
4. If the vacancy be filled by a committee named in a petition or
certificate of nomination, the new certificate shall be signed by a
majority of such committee; if filled by any other committee, it shall
be signed by the presiding officer and secretary of the committee.
Appended to the certificate shall be the affidavit of the persons
signing the certificate that they were a majority of such committee, or
such officers, as the case may be, and that the statements in such
certificate are true.
5. The certificate designating a person to fill a vacancy in a
designation or nomination shall have appended thereto his written
consent to be so designated or nominated, duly acknowledged.
6. When a certificate of a new designation or nomination shall be
filed with the state board of elections after such board has given
official notice, pursuant to the provisions of this chapter, to the
several boards of elections, of the names to appear on the ballot at the
election to which such new designation or nomination applies, such board
shall forthwith certify to the proper board of elections the name of the
person designated or nominated by such certificate and such other facts
as are required to be stated therein.
7. A vacancy occurring in a joint designation or joint nomination for
the offices of governor and lieutenant governor before a primary
election, whether caused by declination pursuant to section 6-146 of
this article, or by the death or disqualification of either candidate
designated or nominated, may be filled by the committee to fill
vacancies shown upon the face of the petition or certificate of such
joint designation or joint nomination. Such vacancy in the joint
designation or joint nomination shall be filled by the making and filing
of a single certificate, setting forth the fact and cause of the
vacancy, the title of the vacant office in the joint designation or
joint nomination, the names of the original candidates, and the name and
address of the candidate or candidates newly designated or nominated
jointly for the offices of governor and lieutenant governor. Such
certificate shall comply with the requirements of subdivisions four and
five of this section.