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

A. A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a candidate after the close of petition filing but before 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 declaration 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 declaration 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 declaration complying with the requirements of section 16-311 to fill such vacancy.

4. If the vacancy occurs in a candidate race for partisan nomination in which at least one candidate of the vacating candidate's political party remains on the ballot for the vacating candidate's office, the vacancy shall not be filled. For an office to which more than one candidate will be elected, the vacancy shall not be filled if at least one candidate of the vacating candidate's political party remains on the ballot for each of the multiple seats for the office sought by the vacating candidate.

B. The nomination paper and declaration 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.

C. Any meetings for the purpose of filing a nomination paper and declaration 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 no later than one day before such meeting. A majority of those present and voting shall be required to fill a vacancy pursuant to this section.

D. A vacancy that is due to voluntary or involuntary withdrawal of the candidate and that occurs following the printing of official ballots shall not be filled in accordance with this section, however, prospective candidates shall comply with section 16-312. A candidate running as a write-in candidate under this subsection shall file the nomination paper no later than 5:00 p.m. on the fifth day before the election.

E. 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.

F. 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. A vacancy that occurs as prescribed in subsection D of this section due to the death or incapacity of the candidate shall not be filled and the secretary of state shall notify the appropriate county board of supervisors to post a notice of the death or incapacity of the candidate in each polling place along with notice that any votes cast for that candidate will be tabulated.

G. 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. Notice of withdrawal shall also be posted at all early voting locations and shall be made available to early voters by providing with the early ballot instructions a website address at which prompt updates to information regarding write-in and withdrawn candidates are available.