All special elections, and all elections to fill vacancies in office, shall be superintended and held, notice thereof given, returns made and certified, votes canvassed, results ascertained and made known, and certificates of election given, by the same officers, under the same penalties, and subject to the same regulations as prescribed for general elections, except so far as may be otherwise provided, and except also that in case where there is a vacancy in the office of any officer who has some duty to perform in such election, the duties of such officer shall be performed by such other officer or person as shall be appointed for that purpose. The order of the names appearing on the ballot shall be determined as provided for in general elections. (Supp. § 24.1-164). Independents—notice, petition requirements Any person, other than a candidate for a party nomination or a party nominee, who intends to be a candidate for any office, to be elected by the qualified voters of the Commonwealth at large or of a congressional district, shall notify the State Board of Elections, in writing, attested by two witnesses, of his intention, designating the office for which he is a candidate and such notice shall be delivered to the Board not later than the time fixed for the closing of the polls on the second Tuesday in June, if it be a general election in November, and at least sixty days before the election when it is a special election to be held at the same time as the general or primary election, or, if it be a special election called by the Governor, Speaker of the House of Delegates, or by the President of the Senate, at least thirty days before the election or within five days after the issuance of any writ of election or order calling a special election to be held less than thirty-five days after the issuance of the writ or order. The written notice shall be signed by the candidate, but if he be incapable of writing his proper signature then some mark adopted by him as his signature shall be acknowledged before some officer authorized to take acknowledgments to deeds and in the same manner. On receipt of the notices required hereby the State Board of Elections shall notify the respective secretary of electoral board of the election district of the candidacy of each of such persons, which notices shall be forwarded by the State Board of Elections immediately after the expiration of the period during which candidates may give notice of their candidacy as prescribed hereby. (Supp. § 24.1-166). The name of any candidate for any office other than a party nominee nominated by such method as his political party has chosen for nominating candidates, shall not be printed upon any official ballots provided for the election, unless he shall file along with his notice of candidacy a petition therefor signed by a number of qualified voters equal to at least one-half of one per centum of the number of voters registered within the election district as of the first day of January of the year preceding the year in which such petition must be filed, and listing the residence address of each such qualified voter, each signature to which has been witnessed by a person who is himself a qualified voter for the election district in which he is circulating the petition, and whose affidavit to that effect is attached to the petition (§ 24.1-168). WASHINGTON Special election Whenever there is a vacancy existing by death, resignation, disability or failure to qualify or impending vacancy in the office of representative in the congress of the United States from this state or any congressional district in this state, the governor shall order a special election to fill the vacancy. Within ten days of such vacancy occurring he shall fix as the date for the special election a day not less than ninety days after the issuance of the writ. He shall fix as the date for the primary for nominating candidates for the special election, a day not less than thirty days before the day fixed for holding the special election. If the vacancy occurs between or on a date six months prior to a general state election and the second Friday following the close of the filing period, the special primary and special general elections shall be held in concert with the regular primary and regular general elections. If the vacancy occurs on or after the first day for filing specified in RCW 29.18.030 and on or before the second Friday following the close of the filing period, a special filing period of three normal business days shall be fixed by the secretary of state and notice thereof given by notifying all media including press, radio and television within the congressional district concerned to the end that, insofar as possible, all interested persons will be aware of such filing period; Provided, however, That the last day of such filing period shall be no later than the third Tuesday prior to the primary election concerned. Such declarations of candidacy validly filed within said three day period shall appear on the approaching primary ballot as if made during the earlier filing period. If the vacancy should occur later than the second Friday following the close of the filing period, a special primary and special general election to fill such vacancy shall be held after the regular annual general election but, in any event, no later than the ninetieth day following the said November election. (Revised Code of Washington Annotated, supp. title 29, § 29.68.080). Manner The order shall name the district and the term or part of the term for which the vacancy exists or is about to exist as well as the dates for holding the special primary and the special election to fill it, together with naming the filing period, and if the date fixed for the special primary is the day for holding the regular primary, or if the day fixed for the special election is the day for holding the regular election, the order shall provide that the names of the candidates to fill the vacancy may be placed upon the regular ballots to be used thereat. No name shall be printed on the primary ballots that shall not have been filed with the secretary of state during the applicable filing period as set forth in this section (§ 29.68.090). Notice Upon calling a special primary and special election to fill a vacancy or impending vacancy in the office of representative in the congress of the United States, the governor shall immediately notify the secretary of state who shall, in turn, immediately notify each county auditor within the district in which the vacancy exists or is about to exist. Each county auditor in the district shall publish notices of the special primary and of the special election at least once in any legal newspaper published in the county, as provided by RCW 29.27.030 and 29.27.080 respectively. (§ 29.68.100). Certification of nominees Canvass of the votes at a special primary held in relation to a special election for a United States congressman shall be made in each county within the district within ten days after the primary and the returns sent immediately to the secretary of state who shall immediately convene the state canvassing board to certify said returns in the same manner as provided by RCW 29.62.110 and as soon as possible thereafter certify the names of the successful nominees to the county auditors of the counties within the district. (§ 29.68.120). Special election WEST VIRGINIA If there be a vacancy in the representation of this state in the House of Representatives in the Congress of the United States, the governor shall within 10 days after the fact comes to his knowledge, give notice thereof by proclamation. (West Virginia Code, § 3-10-4).. Time In such proclamation he shall appoint a day, not less than 30 nor more than 75 days from the date thereof, for holding the special election. (§ 3-10–4). Nominations Nominations to fill such vacancy shall be made by conventions to be held in the manner prescribed for holding a convention to nominate a candidate to fill a vacancy in the office of governor at a special election. The congressional district executive committee of a party shall perform the duties devolving on the state executive committee in filling a state office. (§ 3-10-4). Special election WISCONSIN Unless otherwise provided, this section applies to filling vacancies in the United States House of Representatives, executive and legislative state offices and county offices. In addition to filling vacancies in public office by appointment, vacancies may be filled by election under this section, but no special election shall be held after September 1 preceding the general election unless it is held on the same day as the general election. If the special election is held on the day of the general election, the primary, if any, for the special election. shall be held on the day of the primary for the general election. (Wisconsin Statutes Annotated, § 8.50). Special election order and notices The special election to fill vancancies in the House of Representatives shall be ordered by the governor. Notice of any special election shall be given upon the filing of the order under par. (a) by publication in a newspaper under ch. 985. If the special election includes more than one county, the board shall give notice as soon as possible to the county 72-174 O-76 - 12 clerks and publish one notice. Upon receipt of notice from the board, or when the special election is for a county office, the county clerks shall give notice as soon as possible to all municipal clerks and publish 2 notices. The notices shall include the provisions of par. (c) and be a type A notice under ch. 10 in substantially the form prescribed by the board. (§ 8.50(1)). The order and notice shall specify the office to be filled, the name of the officer before the vacancy, how the vacancy occurred, the expiration date of the remaining term of office, the date of the election, the earliest date for circulating and deadline for filing nomination papers, and the area involved in the election (§ 8.50(1)). When the primary includes more than one county, the board shall transmit to each county clerk at least 15 days before the special primary a certified list of all persons for whom nomination papers have been filed in his office. Immediately upon receipt of the certified list, the county clerk shall prepare his ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. The county clerk shall publish 2 type B notices in a newspaper under ch. 10. As soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election, and shall publish 2 type B notices in a newspaper under ch. 10. (§ 8.50(1)). Time (a) The date for the special election shall be not less than 55 nor more than 70 days from the date of the order except when the special election is held on the day of the general election. (b) The primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary. Notwithstanding par. (a), if a special election is held concurrently with the spring election, the date for the special election shall be not less than 69 nor more than 84 days from the date of the order. (§ 8.50 (2)). Nomination papers Nomination papers shall be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 18 days before the day of the special primary. Nomination papers. for independent candidates for an office to be voted upon at a partisan special election may be circulated no sooner than 14 days prior to the day of the special primary and shall be filed not later than 5 p.m. 7 days after the day of the special primary. (§ 8.50(3)). Regulation on special election A vacancy in the office of representative in congress occurring after July 1 but before the 3rd Tuesday in September preceding a general election shall be filled at the general election. Any vacancy occurring before July 1 or after the 3rd Tuesday in September before a general election may be filled at a special election. If no special election is held the vacancy shall be filled at the next general election. (§ 8.50 (4)). WYOMING Special election A vacancy in the office of representative in congress shall be filled for the unexpired term at a special election called for the purpose by the governor, provided the vacancy does not occur within six months of the next general election. (Wyoming statutes, 1975, Supp., § 22.1257). The governor shall call such special election by issuing a writ of election to the board of county commissioners of each county voting for the office and to the secretary of state. The writ shall specify the day of the election. (Supp. § 22.1-258). If the vacancy in the office of representative in congress occurs within six months prior to the next general election, the vacancy shall be filled at the general election. Otherwise the special election shall occur not more than 40 days after the vacancy occurs. The governor shall declare the vacancy and issue the writ of election within five days after the vacancy occurs. (Supp. § 22.1–259). Nomination An elector qualified to hold the office of representative in congress shall be nominated by the state central committee of the respective parties to fill a vacancy for the unexpired term of that office. Nominations from such parties shall be filed with the secretary of state and fees paid within 15 days after the vacancy is officially declared. (Supp. 22.1-160). Within 20 days after the vacancy is declared, the secretary of state shall certify to the clerks of counties voting to fill the vacancy the name of each candidate qualified to appear on the ballot, and his party affiliation or the name of a group or organization sponsoring an independent candidate. (Supp. § 22.1-161). Manner A candidate for the unexpired term of the office of representative in congress may seek election only as a candidate of the political party in which he was registered on the date the vacancy occurred. (Supp. § 22.1-262). A special election to fill a vacancy shall be conducted as nearly as possible in the manner of a general election. The candidate who receives a plurality of the votes at a special election shall be issued a certificate of election as provided by law. (Supp. § 22.1-263). SELECTED STATE PROVISIONS RELEVANT TO ELECTIONS TO THE U.S. HOUSE OF REPRESENTATIVES List of State Sources Used in Compiling Information on State Laws All of the State Election Codes listed below including those of the District of Columbia, Puerto Rico, and the Virgin Islands have been examined. Where available, 1975 session laws of the individual States have also been examined. Alabama-Code of Alabama, Recompiled 1958; 1973 Cumulative Pocket Part. Alaska Alaska Statutes 1971. 1975 Cumulative Supplement. Arizona Arizona Revised Statutes Annotated; 1975 Supplement. Arkansas Arkansas Statutes Annotated 1947; 1973 Cumulative Pocket Supplement. |