Vacancies in the General Assembly

Sections 1 and 2 of the bill change the number of committeepersons elected at a political party's precinct caucus from 2 to 4.

Current law requires the political party central committee of most jurisdictions to select a vacancy committee to fill vacancies in the central committee and in the district and state offices held by members of the political party. Current law also requires a vacancy committee to consist of, at a minimum, the members of the central committee of a jurisdiction. Section 2 requires that a vacancy committee selected by a state senatorial central committee or state representative central committee to fill a vacancy also consist of, at a minimum, any county commissioners who are members of the political party and reside within the state senatorial or state representative district. Section 2 also provides that if a vacancy in the office of precinct committeeperson is filled, the new appointee shall not participate in the vacancy committee process to fill a vacancy in the general assembly until, at the earliest, 91 days after appointment.

Current law provides that vacancies in the general assembly are filled by vacancy committee selection until the next general election after the vacancy occurs, when the vacancy is filled by election. Section 4 modifies the way that vacancies are filled by election when the vacating member of the general assembly is affiliated with a major political party by requiring that, if the vacancy occurs on or after July 31 of an even-numbered year and before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the Tuesday succeeding the first Monday of November of the odd-numbered year following the vacancy, when the vacancy must be filled by a major political party at the odd-year November election (major political party vacancy election). The candidate elected in the major political party vacancy election serves until the next general election. If a vacancy in the general assembly occurs on or after July 31of an odd-numbered year and before July 31 of an even-numbered year and the vacating member is affiliated with a major political party, the vacancy is filled pursuant to current law.

The only candidates who may run in a major political party vacancy election are candidates who are members of the same political party and of the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who are unaffiliated or are members of the same political party as the former member of the general assembly whose seat is vacant and who reside in the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant.

A candidate must be placed on the ballot for a major political party vacancy election if the candidate:

• Files a nominating statement signed by 30% of the district vacancy committee members with the secretary of state and the candidate's major political party before 5p.m. on the seventieth day preceding the major political party vacancy election; or
• Submits to the secretary of state, at least 75 days prior to the major political party vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected.

No other candidates are placed on the ballot. If a vacancy committee member signs a nominating statement after having signed another nominating statement filed for the same office in the same major political party election, the vacancy committee member's later signature does not count towards the thirty percent of applicable vacancy committee member signatures required. If an eligible elector signs a petition after having signed another petition submitted for the same office in the same major political party election, the elector's later signature does not count towards the two hundred elector signatures required.

Section 4 also requires vacancy committee meetings to fill vacancies in the general assembly to be accessible in real time by live streaming video or audio that is recorded and accessible to the public. Section 3 provides that a political party may, by vote of the party's state central committee, forego a major political party election and choose to nominate a candidate by assembly or convention instead. Section 5 defines a vacancy contender for the purpose of campaign finance regulations as any person who seeks to be selected by a vacancy committee to fill a vacancy in the general assembly (vacancy contender) and adds vacancy contenders to the definition of candidate. Section 6 establishes contribution limits for a candidate committee established in the name of a candidate who is a vacancy contender and provides deadlines by which a candidate committee established in the name of a vacancy contender may expend contributions. Section 7 requires disclosures for contributions related to vacancy contenders and requires those disclosures to be filed on the Monday of each week during the period in which the vacancy committee is selecting a vacancy contender to fill the vacancy in the general assembly.
(Note: This summary applies to this bill as introduced.)