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 that are not home rule counties and that have populations of at least 50,000 active voters as of the last general election . 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, or if a vacancy occurs for a seat that is scheduled to be on the ballot at the upcoming general election and the vacancy occurs on or after July 31 of that even-numbered year but before that 90-day period, 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 regularly scheduled odd-year coordinated November election (vacancy election). An individual elected at a vacancy election serves until the next general election. A major political party may opt out of the vacancy election process if at least 75% of the total voting membership of a political party's state central committee votes to do so.

A vacancy election is administered according to the state election code, as applicable conducted as part of a coordinated odd-year November election . If the state certifies any ballot content for the odd-year November election, the state is required to reimburse a county for 45% of its costs incurred in conducting the coordinated election that includes the vacancy election. Watchers, canvass boards, and election judges for the vacancy election are selected according to current processes in statute.

A candidate must is eligible to 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 no later than 30 days after their petition format has been approved or 85 days prior to the vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are have been affiliated with the same major political party as the candidate for 22 days before signing the petition and are eligible to vote in the district for which the candidate is to be elected.

No other candidates are placed on the ballot Candidate placement on the ballot is drawn by lot . 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 and must be a resident of the same district as the vacating commissioner . A candidate in a vacancy election is subject to the campaign finance contribution, expenditure, and reporting requirements of the "Fair Campaign Practices Act".

Only registered electors who reside within the district served by of the county of the vacating commissioner and who are registered with the same major political party as the vacating commissioner , as of 22 days before the vacancy election, 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.

For the 2025-2026 state fiscal year, $314,920 is appropriated to the department of state for use by the information technology division for personal services.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)