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This entry was published on 2019-12-20
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SECTION 6-158
Nominating and designating petitions and certificates, conventions; times for filing and holding
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-158. Nominating and designating petitions and certificates,
conventions; times for filing and holding. 1. A designating petition
shall be filed not earlier than the thirteenth Monday before, and not
later than the twelfth Thursday preceding the primary election.

* 1-a. A designating petition for a presidential primary election
shall be filed not earlier than the thirteenth Monday before, and not
later than the twelfth Thursday preceding the presidential primary
election.

* NB Repealed December 31, 2020

2. A certificate of acceptance or declination of a designation shall
be filed not later than the fourth day after the last day to file such
designation.

3. A certificate to fill a vacancy in a designation caused by
declination shall be filed not later than the fourth day after the last
day to decline. A certificate to fill a vacancy in a designation caused
by death or disqualification shall be filed not later than ten days
after such death or disqualification or four days before the primary
election, whichever is earlier.

4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later than the
eleventh Thursday preceding the primary election. However, where a
designating petition has been filed and the person named therein has
declined such designation and another person has been designated to fill
the vacancy, then in that event, a petition for an opportunity to ballot
in a primary election shall be filed not later than the tenth Thursday
preceding such primary election.

5. A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.

* 6. (a) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than thirty days after the June
primary election, (b) except that a certificate of nomination for an
office which becomes vacant after the seventh day preceding such primary
election shall be filed not later than thirty days after the primary
election or ten days after the creation of such vacancy, whichever is
later, and (c) except, further, that a certificate of party nomination
of candidates for elector of president and vice-president of the United
States shall be filed not later than seventy-three days after the June
primary election, and (d) except still further that a certificate of
party nomination made at a judicial district convention shall be filed
not later than the day after the last day to hold such convention and
the minutes of such convention, duly certified by the chairman and
secretary, shall be filed within seventy-two hours after adjournment of
the convention. A certificate of party nomination for an office to be
filled at a special election shall be filed not later than ten days
following the issuance of a proclamation of such election.

* NB Effective until December 31, 2020

* 6. (a) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than thirty days after the primary
election, (b) except that a certificate of nomination for an office
which becomes vacant after the seventh day preceding such primary
election shall be filed not later than thirty days after the primary
election or ten days after the creation of such vacancy, whichever is
later, and (c) except, further, that a certificate of party nomination
of candidates for elector of president and vice-president of the United
States shall be filed not later than seventy-four days after the primary
election, and (d) except still further that a certificate of party
nomination made at a judicial district convention shall be filed not
later than the day after the last day to hold such convention and the
minutes of such convention, duly certified by the chairman and
secretary, shall be filed within seventy-two hours after adjournment of
the convention. A certificate of party nomination for an office to be
filled at a special election shall be filed not later than ten days
following the issuance of a proclamation of such election.

* NB Effective December 31, 2020

7. A certificate of acceptance or declination of a party nomination
made other than at a primary election for an office to be filled at the
time of a general election shall be filed not later than the third day
after the last day to file the certificate of such party nomination. A
certificate of acceptance or declination of a party nomination for an
office to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of such election.

8. A certificate to fill a vacancy caused by a declination of a party
nomination for an office to be filled at the time of a general election
shall be filed not later than four days after the last day to file such
declination, except that if such nomination was made at the primary
election, such certificate shall be filed not later than ten days after
the last day to file such declination. A certificate to fill a vacancy
caused by a declination of a party nomination for an office to be filled
at a special election shall be filed not later than fourteen days
following the issuance of a proclamation of such election. A certificate
to fill a vacancy in a nomination caused by death or disqualification
shall be filed not later than ten days after such death or
disqualification or four days before the election, whichever is earlier.

9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than
twenty-four weeks and not later than twenty-three weeks preceding such
election. A petition for an independent nomination for an office to be
filled at a special election shall be filed not later than twelve days
following the issuance of a proclamation of such election.

10. Notwithstanding any other provisions of law, where a vacancy
occurs less than fourteen days before the last day for the filing of an
independent petition for an office to be filled at the time of a general
election, or after the last day to file an independent petition, such
petition may be filed for the said office within fourteen days after the
vacancy occurs. A certificate of acceptance or declination in such an
event shall be filed within two days thereafter and a certificate to
fill a vacancy caused by declination shall be filed within two days
after such declination has been filed.

11. A certificate of acceptance or declination of an independent
nomination for an office to be filled at the time of a general election
shall be filed not later than the third day after the twenty-third
Tuesday preceding such election except that a candidate who files such a
certificate of acceptance for an office for which there have been filed
certificates or petitions designating more than one candidate for the
nomination of any party, may thereafter file a certificate of
declination not later than the third day after the primary election. A
certificate of acceptance or declination of an independent nomination
for an office to be filled at a special election shall be filed not
later than fourteen days following the issuance of a proclamation of
such election.

12. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election. A certificate to fill a
vacancy caused by a declination of an independent nomination for an
office to be filled at a special election shall be filed not later than
sixteen days following the issuance of a proclamation of such election.

13. If a vacancy occurs too late to comply with the provisions of this
section, the certificates of nomination, certificates of acceptance or
declination, certificates to fill a vacancy in such nomination and
certificates of authorization of a nomination shall be filed as soon as
practicable.

14. A vacancy occurring three months before the general election in
any year in any office authorized to be filled at a general election,
except in the offices of governor, lieutenant-governor, or United States
senator shall be filled at the general election held next thereafter,
unless otherwise provided by the constitution, or unless previously
filled at a special election.