ARIZONA HOUSE OF REPRESENTATIVES

HB 2538: U.S. House vacancy; special election
PRIME SPONSOR: Representative Coleman, LD 16 BILL STATUS: Chaptered

Abstract

Relating to a special election to fill a U.S. House vacancy.

Provisions

1. Requires a special primary election to fill a vacancy in the U.S. House of Representatives to be held 120-133 days, rather than 80-90 days, after the vacancy occurs. (Sec. 1)

2. Requires the special general election to fill a U.S. house vacancy to be held 70-80 days, rather than 50-60 days, after the special primary election. (Sec. 1)

3. Requires the clerk of the BOS of each county participating in a special election to post a notice stating the dates of the special primary and general election. (Sec. 2)

4. Stipulates that if a vacancy occurs in the office of U.S. Senate:

a. More than 150 days before the next regular primary election, the person appointed by the Governor continues to serve until the vacancy is filled at the next general election.

b. 150 days or less before the next regular primary election, the person appointed by the Governor serves until the vacancy is filled at the second regular general election. (Sec. 1)

5. Requires the elected Senator to fill the remaining unexpired term of the vacated office. (Sec. 1)

6. Makes technical and conforming changes. (Sec. 1, 2)

Current Law

The Governor is required to call a special primary and general election if a vacancy occurs in the U.S. House of Representatives and the next general election will not be held within 6 months.  The Governor must call the election within 72 hours after the office is officially declared vacant.  Within 10 days of the vacancy occurring, the Governor must issue a proclamation containing a statement of the time and offices to be filled in the election.  The special primary must be held 80-90 days after the occurrence of the vacancy and the general must be held 50-60 days after the primary.  Nomination papers and petitions must be filed within 30 days of the Governor's proclamation of the election (A.R.S. §§ 16-222 & 16-223). 

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Fifty-third Legislature                  HB 2538

Second Regular Session                               Version 5: Chaptered

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