17-3. State senator
(a) Whenever any vacancy in the membership of the state senate occurs, the term of which ends at the next succeeding general election:
(1) The governor shall make an appointment within
sixty calendar days following the first day of vacancy to fill the vacancy for
the unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The
appointee shall be at the time of appointment, and for at least six months
immediately prior to the appointment, a member of the political party. The
appointee shall, at the time of appointment, be a resident of the same senate
district as the prior incumbent. The political party shall submit the list of
prospective appointees to the governor within thirty calendar days following
the first day of vacancy; and
(2) If the prior incumbent was not a member of any
political party, the governor shall, within sixty calendar days following the
first day of vacancy, appoint a person who is at the time of appointment a
resident of the same senate district as the prior incumbent and who is not, and
has not been for at least six months prior to the appointment, a member of any
political party.
(b) In the case of a vacancy, the term of
which does not end at the next succeeding general election:
(1) If it occurs not later than on the tenth day
prior to the close of filing for the next succeeding primary election, the
vacancy shall be filled for the unexpired term at the next succeeding general
election. The chief election officer shall issue a proclamation designating
the election for filling the vacancy. All candidates for the unexpired term
shall be nominated and elected in accordance with this title. Pending the
election, the governor shall make a temporary appointment to fill the vacancy,
and the person so appointed shall serve until the election of the person duly
elected to fill the vacancy. The governor shall make the appointment from a
list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall be, at the time of the appointment,
and shall have been, for at least six months immediately prior to the
appointment, a member of the political party. The appointee shall, at the time
of appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was not a member of any political party, the
governor shall appoint a person who is at the time of appointment a resident of
the same senate district as the prior incumbent and is not and has not been, for
at least six months immediately prior to the appointment, a member of any
political party;
(2) If it occurs later than on the tenth day prior to
the close of filing for the next succeeding primary election but not later than
on the sixtieth day prior to the next succeeding primary election, or if there
are no qualified candidates for any party or nonpartisan candidates qualified
for the primary election ballot, nominations for the unexpired term may be
filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding
primary election. The chief election officer shall issue a proclamation
designating the election for filling the vacancy. Pending the election the
governor shall make a temporary appointment to fill the vacancy and the person
appointed shall serve until the election of the person duly elected to fill the
vacancy. The governor shall make the appointment from a list of three
prospective appointees submitted by the same political party as the prior
incumbent. The appointee shall be, at the time of the appointment, and shall
have been, for at least six months immediately prior to the appointment, a
member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent.
If the prior incumbent was not a member of any political party, the governor
shall appoint a person who is at the time of appointment a resident of the same
senate district as the prior incumbent and is not and has not been, for at
least six months immediately prior to the appointment, a member of any
political party;
(3) If it occurs after the sixtieth day prior to the
next succeeding primary but not later than on the fiftieth day prior to the
next succeeding general election, or if there are no qualified candidates for
any party or nonpartisan candidates in the primary, the vacancy shall be filled
for the unexpired term at the next succeeding general election. The chief
election officer shall issue a proclamation designating the election for
filling the vacancy. Party candidates for the unexpired senate term shall be
nominated by the county committees of the parties not later than 4:30 p.m. on
the fortieth day prior to the general election; nonpartisan candidates may file
nomination papers for the unexpired term not later than 4:30 p.m. on the
fortieth day prior to the general election with the nonpartisan candidate who
is to be nominated to be decided by lot, under the supervision of the chief
election officer. The candidates for the unexpired term shall be elected in
accordance with this title. Pending the election, the governor shall make a
temporary appointment to fill the vacancy, and the person appointed shall serve
until the election of the person duly elected to fill the vacancy. The
governor shall make the appointment from a list of three prospective appointees
submitted by the same political party as the prior incumbent. The appointee
shall be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political party.
The appointee shall, at the time of appointment, be a resident of the same
senate district as the prior incumbent. If the prior incumbent was not a
member of any political party, the governor shall appoint a person who is at
the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party;
(4) If it occurs after the fiftieth day prior to the
next succeeding general election or if no candidates are nominated, the
governor shall make an appointment to fill the vacancy for the unexpired term
by selecting a person from a list of three prospective appointees submitted by
the same political party as the prior incumbent. The appointee shall be, at
the time of the appointment, and shall have been, for at least six months
immediately prior to the appointment, a member of the political party. The appointee
shall, at the time of appointment, be a resident of the same senate district as
the prior incumbent. If the prior incumbent was not a member of any political
party, the governor shall appoint a person who is at the time of appointment a
resident of the same senate district as the prior incumbent and is not and has
not been, for at least six months immediately prior to the appointment, a
member of any political party.
[L 1970, c 26, pt of §2; am L 1973, c 217,
§7(c); am L 1980, c 247, §2; gen ch 1985; am L 1990, c 35, §2; am L 1992, c
276, §1; am L 2007, c 57, §3]
