No. HB 597
Filed under Elections.
Special Elections; Revises timeframe during which vacancy must be filled by candidates qualifying within timeframes provided by general law; requires Governor to call special primary election & special election under certain circumstance; requires Governor to fix dates of special election after vacancy occurs; requires Governor to consult with Secretary of State & supervisor of elections before setting special election dates; authorizes qualified electors to file petition in circuit court seeking judicial determination of election date under specified conditions; provides that court has authority to fix & declare dates for special election; removes authority of Governor, President of Senate, & Speaker of House of Representatives to waive specified timeframes if all parties concur; requires Governor to fix dates to coincide with already scheduled election; requires that special elections to fill certain vacancies be held no later than election for which resigning officer seeks to qualify; provides that certain persons are deemed elected; requires Governor to consult with certain supervisors of election, in addition to Secretary of State, before declaring date of special election; requires that such order be issued within specified timeframe after occurrence of vacancy.
Plain English Summary
AI-GENERATEDThe Legislature loses its old escape valve: the Governor, Senate President, and House Speaker can no longer jointly waive the minimum time limits for a special election just because the Legislature happens to be in session.
New deadlines take their place. A special election must generally happen within 126 days of a vacancy, stretching to 175 only if a supervisor certifies a scheduling conflict. Legislative vacancies near session get just 5 days to set dates.
If the Governor misses a deadline, any voter in the district can now ask a circuit court to set the dates instead, and the court must move quickly. Unopposed candidates can be declared elected without a further vote.
The minimum gap between a special primary and the special election quadruples from two weeks to eight, capped at twelve, and the Governor's chosen dates must now be the earliest ones feasible, not just any fixed date.
AIThe Governor, Senate President, and House Speaker can no longer jointly agree to waive the minimum time limits for a special election just because the Legislature is in regular session.
AIA special election to fill a vacancy must generally be held no later than 126 days after the vacancy occurs, replacing what had been an open-ended timetable for this step.
AIIf the Governor fails to set special-election dates in time, any qualified elector in the affected district may petition a circuit court, which must set the dates itself and expedite the case.
AIWhen timing does not allow party nominations through the regular primary, the Governor is now required, not merely permitted, to call a special primary election to select party nominees.
AIThe required spacing between a special primary election and the special election itself rises from a 2-week minimum to an 8-week minimum, with a new 12-week cap on how far apart they can be.
AIIf a state senator or House seat becomes vacant less than 126 days before the regular session starts, the Governor has only 5 days to set election dates, and both elections must finish before session begins.
AIA candidate who is the only one to qualify for a special election, or who wins a special primary unopposed in the general special election, is deemed elected without that election being held.
AIBefore setting special-election dates, the Governor must now consult with both the Secretary of State and the supervisor of elections for the county where the election will occur.