County Commissioner Vacancies

The bill modifies the process for filling vacancies in an unexpired term in the office of county commissioner for county commissioners affiliated with a major political party in counties with populations of at least 50,000. Under current law, in the event of a vacancy in an unexpired term in the office of county commissioner, a vacancy committee appoints an individual to fill the vacancy until the next general election. The bill changes this process for a vacancy in an unexpired term of a county commissioner who is affiliated with a major political party if the vacancy occurs on or after July 31 of an even-numbered year but before July 31 of an odd-numbered year. If a vacancy in the office of county commissioner occurs on or after July 31of an odd-numbered year but before July 31 of an even-numbered year or if a vacancy occurs and the unexpired term is less than 90 days, the vacancy is filled pursuant to current law.

The bill requires that, if the vacancy occurs on or after July 31 of an even-numbered year but before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next regularly scheduled odd-year November election following the vacancy, when the vacancy must be filled by vacancy election held as part of the odd-year November election (vacancy election). An individual elected at a vacancy election serves until the next general election.

A vacancy election is administered according to the state election code, as applicable. A candidate must be placed on the ballot for a vacancy election if the candidate:

• Files a nominating statement signed by 30% of the district vacancy committee members with the county clerk and recorder and the candidate's major political party by the seventieth day before the vacancy election; or
• Submits to the county clerk and recorder, at least 75 days prior to the 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. A candidate must meet the current statutory and constitutional requirements for serving as a county commissioner and be registered with the vacating commissioner's major political party by the first business day in January of the calendar year in which the vacancy election occurs. A candidate in a vacancy election is subject to the campaign finance requirements of the "Fair Campaign Practices Act".

Only registered electors who reside within the district served by the vacating commissioner and who are registered with the same major political party as the vacating commissioner or who are unaffiliated with a political party are eligible to vote in a vacancy election, unless 75% of the political party county central committee affirmatively votes to allow only electors affiliated with the political party to vote in a vacancy election.

The bill also makes conforming amendments.

(Note: This summary applies to this bill as introduced.)