No. SB 460
Filed under Elections.
Special Elections; Requiring, rather than authorizing, the Governor to call a special primary election and a special election under a certain circumstance; requiring the Governor to fix the dates of a special election within a specified timeframe after the vacancy occurs; authorizing qualified electors to file a petition in the circuit court seeking judicial determination of an election date under specified conditions; deleting the authority of the Governor, the President of the Senate, and the Speaker of the House of Representatives to waive specified timeframes if all parties concur, etc.
Plain English Summary
AI-GENERATEDThe Governor must call a special primary and special election, no longer just may, whenever a vacancy needs one. Dates must be fixed within 14 days of the vacancy, or 5 days if a legislative seat opens shortly before session.
The gap between the special primary and the special election grows from a 2-week minimum to an 8-week minimum, capped at 12 weeks. A new outer limit requires the whole vacancy to be filled within 126 days, or 175 if officials show scheduling hardship.
If the Governor misses a scheduling deadline, any voter in the affected district can petition a circuit court to set the special election dates instead, and the court must move quickly once that happens.
The Legislature and Governor lose their old power to jointly waive these deadlines during a legislative session. An unopposed candidate is now deemed elected without a special election being held at all.
AICurrently the Governor may call a special primary election when there isn't time to pick party nominees alongside the general primary. This bill makes that call mandatory, and adds a mandatory special election as well when one is needed.
AIThe Governor now has a hard 14-day window from the vacancy to fix the dates of the special primary and special election. Current law sets no such deadline for this general duty.
AIThe minimum time the Governor must leave between the special primary and the special election jumps from 2 weeks to 8 weeks. A brand-new 12-week maximum is also added, so the Governor can no longer space the two elections out indefinitely either.
AIA special election must now be held no later than 126 days after the vacancy occurs, a firm outer limit that does not exist in current law. A county supervisor can push that out to 175 days by certifying a scheduling conflict.
AIA qualified elector living in the affected district may go to circuit court and ask a judge to set the special election dates if the Governor fails to act by the required deadline. The court must expedite the case.
AICurrent law lets the Governor, the Senate President, and the House Speaker jointly agree to waive the minimum timeframes for a legislative special election held during session. This bill deletes that option entirely, leaving no way to relax the deadlines by agreement.
AIIf only one candidate qualifies for a special election, that candidate is deemed elected on the last day of qualifying rather than going through the special election itself. An unopposed special-primary winner is deemed elected at the primary.