Vacancies in the General Assembly

Section 1 of the act defines a "major political party vacancy election", which is an election that is conducted as part of an odd-year coordinated election to fill a vacancy in the general assembly.

Section 2 requires that a vacancy committee that is selected by a state senatorial central committee or state representative central committee consist of, in addition to the members of the state senatorial or state representative central committee, any county commissioners who are members of the political party and reside within the state senatorial or state representative district. Section 2 also provides that if a vacancy in the office of precinct committee person is filled, the new appointee shall not participate in the vacancy committee process to fill a vacancy in the general assembly until, at the earliest, 91 days after appointment.

For a major political party vacancy election that is part of an odd-year coordinated election for which the state has not otherwise certified any statewide ballot content, section 3 requires the state to reimburse each county in which the state has certified a major political party vacancy election for 45% of the costs that the county incurs in conducting the coordinated election.

Section 4 modifies the way that vacancies in the general assembly are filled when the vacating member is affiliated with a major political party by requiring that, if the vacancy occurs on or after July 31 of an even-numbered year and before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next odd-numbered year coordinated election, when the vacancy must be filled at the odd-year November election (major political party vacancy election); except that, if the vacant seat is scheduled to be on the ballot at the next general election in an even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before 90 days remain in the vacant term, the remainder of the vacant term must be filled by a vacancy committee. The candidate elected in the major political party vacancy election serves until the next general election, when the vacancy must be filled by election. If a vacancy in the general assembly occurs on or after July 31of an odd-numbered year and before July 31 of an even-numbered year and the vacating member is affiliated with a major political party, no major political party vacancy election is held and the vacancy is filled by a vacancy committee.

The only candidates who may run in a major political party vacancy election are candidates who are members of the same political party and residents of the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who are unaffiliated or are members of the same political party as the former member of the general assembly whose seat is vacant and who reside in the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant.

A candidate must be placed on the ballot for a major political party vacancy election only if the candidate:

• Files with the secretary of state and the candidate's major political party before 5 p.m. on the seventieth day preceding the major political party vacancy election, a nominating statement signed by 30% of the district vacancy committee members; or
• Submits to the secretary of state, no later than 30 days after their petition format has been approved or 85 days prior to the major political party vacancy election, whichever is sooner, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected.

If a vacancy committee member signs a nominating statement after having signed another nominating statement filed for the same office in the same major political party election, the vacancy committee member's signature only counts toward the 30% of applicable vacancy committee member signatures required on the first nominating statement submitted that contains the signature. If an eligible elector signs a petition after having signed another petition submitted for the same office in the same major political party election, the elector's signature only counts toward the 200 elector signatures required on the first petition submitted that contains the signature.

Section 4 also provides that a major political party may choose to continue to fill a vacancy in the general assembly by vacancy committee rather than by a major political party vacancy election if at least 75% of the total voting membership of the party's state central committee affirmatively votes to do so, and requires vacancy committee meetings to fill vacancies in the general assembly to be accessible in real time by live streaming video or audio that is recorded and accessible to the public.

Section 5 defines a vacancy contender for the purpose of campaign finance regulations as any person who seeks to be selected by a vacancy committee to fill a vacancy in the general assembly (vacancy contender) and adds vacancy contenders and candidates running in major political party vacancy elections to the definition of candidate for the purpose of campaign finance regulations.

Section 6 establishes contribution limits for a candidate committee established in the name of a candidate who is a vacancy contender and a candidate who is running for a major political party vacancy election.

Section 7 requires disclosures for contributions related to vacancy contenders and candidates running for a major political party vacancy election. Disclosures for vacancy contenders must be filed on the Monday of each week during the election cycle for the vacancy committee selection process. Disclosures for candidates running for a major political party vacancy election must be filed on the first day of each month beginning the sixth full month before the major political party vacancy election; on the first Monday in September and on each Monday every 2 weeks thereafter before the major political party vacancy election; and 35 days after the major political party vacancy election.

(Note: This summary applies to this bill as enacted.)