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Section 17-18-1
Section 17-18-1When and for what offices held.
Special elections are to be held in the following cases:
(1) When a vacancy occurs in the office of senator or representative in the Legislature, when the Legislature will be in session prior to the next general election for that office;
(2) When a vacancy occurs in the office of representative in the Congress of the United States, by which the state may be deprived of its full representation at any time Congress will be in session prior to the next general election for that office;
(3) Whenever any general or special election for members of the Legislature or for representatives in Congress is not held;
(4) When any vacancy occurs in any state or county office filled by election of the people not otherwise provided for by the Constitution or laws of this state; and
(5) In such other cases as are or may be provided for by law.
(Code 1876, §249; Code 1886, §359; Code 1896, §1598; Code 1907, §439; Code 1923, §529; Code 1940, T. 17, §215.)Section 17-18-2
Section 17-18-2Day for holding special elections.
All special elections shall be held on such day as the governor may direct.
(Code 1876, §250; Code 1886, §360; Code 1896, §1599; Code 1907, §440; Code 1923, §530; Code 1940, T. 17, §217.)Section 17-18-3
Section 17-18-3Special elections ordered by Governor.
All special elections provided for by this chapter are to be ordered by the Governor, who must issue writs of election, directed to the sheriffs of the counties in which such election is required to be held and must specify therein the district or county in which, and the day on which, such election is to be held; the cause and object of the same; the name of the person in whose office the vacancy has occurred and, in all cases in which a special election is directed in a district composed of more than one county, such election must be directed to be held on the same day in each county.
(Code 1852, §191; Code 1867, §233; Code 1876, §266; Code 1886, §361; Code 1896, §1600; Code 1907, §441; Code 1923, §531; Code 1940, T. 17, §217.)Section 17-18-4
Section 17-18-4Proclamation of election for Congress or state officers.
The Governor must give notice of any special election for representatives in Congress, or state officers, by proclamation.
(Code 1876, §267; Code 1886, §362; Code 1896, §1601; Code 1907, §442; Code 1923, §532; Code 1940, T. 17, §218.)Section 17-18-5
Section 17-18-5Sheriff to give notice of elections in his county.
Whenever the sheriff of any county receives a writ of election directing a special election to be held or receives notice of a special election for representatives in congress or for any state or county officers, such sheriff must immediately give notice by proclamation of the time, place and object of such election as provided by law.
Any sheriff who fails to give notice of a special election ordered by the Governor, as required by law, is guilty of a misdemeanor.
(Code 1876, §§268, 4279; Code 1886, §§363, 4178; Code 1896, §§1602, 4685; Code 1907, §§443, 6782; Code 1923, §§533, 3900; Code 1940, T. 17, §§219, 296.)Section 17-18-6
Section 17-18-6Sheriff must notify probate judge and clerk.
When any special election is ordered by the Governor, the sheriffs of the counties in which such election is to be held must, within three days after receiving notice thereof, notify the probate judge and clerk of the circuit court of their respective counties of such special election.
Any sheriff who fails to notify the judge of probate and clerk of the circuit court that any special election is ordered by the Governor, as required by law, must, on conviction, be fined not less than $100.00 nor more than $500.00.
(Code 1876, §§269, 4281; Code 1886, §§364, 4180; Code 1896, §§1603, 4687; Code 1907, §§444, 6784; Code 1923, §§534, 3902; Code 1940, T. 17, §§220, 298.)Section 17-18-7
Section 17-18-7How conducted and certificates given.
Special elections are to be held and conducted, the returns thereof made and certificates given and, unless otherwise expressly provided, regulated in all respects by the provisions in relation to general elections.
(Code 1876, §270; Code 1886, §365; Code 1896, §1604; Code 1907, §445; Code 1923, §535; Code 1940, T. 17, §221.)
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