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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Elections and Electors
Chapter : NOMINATING PROCEDURES
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16-301 Nomination of candidates for printing on official ballot of general or special election
At a primary election, each political party entitled and intending to make
nominations for the ensuing general or special election shall, if it desires to have the
names of its candidates printed on the official ballot at such general or special
election, nominate its candidates for all elective, senatorial, congressional, state,
judicial, county and precinct offices to be filled at such election except as provided in
section 16-344.
16-302 Failure to nominate candidate in primary election
If no candidate is nominated in the primary election for a particular office, then
no candidate for that office for that party may appear on the general or special election
ballot except as provided in section 16-344.
16-311 Nomination papers; filing; definitions
A. Any person desiring to become a candidate at a primary election for a political
party and to have the person's name printed on the official ballot shall be a qualified
elector of such party and, not less than ninety nor more than one hundred twenty days
before the primary election, shall sign and cause to be filed a nomination paper giving
the person's actual residence address or description of place of residence and post
office address, naming the party of which the person desires to become a candidate,
stating the office and district or precinct, if any, for which the person offers the
person's candidacy, stating the exact manner in which the person desires to have the
person's name printed on the official ballot pursuant to subsection G, and giving the
date of the primary election and, if nominated, the date of the general election at which
the person desires to become a candidate. A candidate for public office shall be a
qualified elector at the time of filing and shall reside in the county, district or
precinct which the person proposes to represent.
B. Any person desiring to become a candidate at any nonpartisan election and to
have the person's name printed on the official ballot shall be at the time of filing a
qualified elector of such county, city, town or district and, not less than ninety nor
more than one hundred twenty days before the election, shall sign and cause to be filed a
nomination paper giving the person's actual residence address or description of place of
residence and post office address, stating the office and county, city, town or district
and ward or precinct, if any, for which the person offers the person's candidacy, stating
the exact manner in which the person desires to have the person's name printed on the
official ballot pursuant to subsection G and giving the date of the election. A candidate
for office shall reside at the time of filing in the county, city, town, district, ward
or precinct which the person proposes to represent.
C. Notwithstanding subsection B to the contrary, any city or town may adopt by
ordinance for its elections the time frame provided in subsection A for filing nomination
petitions. Such ordinance shall be adopted not less than one hundred twenty days before
the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper
provided for in subsection A an affidavit which shall be printed in a form prescribed by
the secretary of state. The affidavit shall include facts sufficient to show that, other
than the residency requirement provided in subsection A, the candidate will be qualified
at the time of election to hold the office the person seeks.
E. The nomination paper of a candidate for the office of United States senator or
representative in Congress, for the office of presidential elector or for a state office,
including a member of the legislature, or for any other office for which the electors of
the entire state or a subdivision of the state greater than a county are entitled to
vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date
for filing.
F. The nomination paper of a candidate for superior court judge or for a county,
district and precinct office for which the electors of a county or a subdivision of a
county other than an incorporated city or town are entitled to vote shall be filed with
the county elections officer no later than 5:00 p.m. on the last date for filing as
prescribed by subsection A. The nomination paper of a candidate for a city or town
office shall be filed with the city or town clerk no later than 5:00 p.m. on the last
date for filing. The nomination paper of a candidate for school district office shall be
filed with the county school superintendent no later than 5:00 p.m. on the last date for
filing.
G. The nomination paper shall include the exact manner in which the candidate
desires to have the person's name printed on the official ballot and shall be limited to
the candidate's surname and given name or names, an abbreviated version of such names or
appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William"
or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames,
abbreviated versions or initials of given names suggest reference to professional,
fraternal, religious or military titles. No other descriptive name or names shall be
printed on the official ballot, except as provided in this section. Candidates'
abbreviated names or nicknames may be printed within quotation marks. The candidate's
surname shall be printed first, followed by the given name or names.
H. A person who does not file a timely nomination paper that complies with this
section is not eligible to have the person's name printed on the official ballot for that
office. The filing officer shall not accept the nomination paper of a candidate for state
or local office unless the person provides or has provided all of the following:
1. The nomination petition required by this title.
2. A political committee statement of organization or the five hundred dollar
threshold exemption statement for that office.
3. The financial disclosure statement as prescribed for candidates for that office.
I. For the purposes of this title:
1. "Election district" means the state, any county, city, town, precinct or other
political subdivision or a special district which is not a political subdivision, which
is authorized by statute to conduct an election and which is authorized or required to
conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person
wishing to declare the person's intent to become a candidate for a particular political
office.
16-312 Filing of nomination papers for write-in candidates
A. Any person desiring to become a write-in candidate for an elective office in any
election shall file a nomination paper, signed by the candidate, giving the person's
actual residence address or description of place of residence and post office address,
age, length of residence in the state and date of birth.
B. A write-in candidate shall file the nomination paper no later than 5:00 p.m. on
the fortieth day prior to the election, except that a candidate running as a write-in
candidate as provided in section 16-343, subsection D, shall file the nomination paper no
later than 5:00 p.m. on the fifth day before the election. The write-in filing procedure
shall be in the same manner as prescribed in section 16-311. Any person who does not file
a timely nomination paper shall not be counted in the tally of ballots. The filing
officer shall not accept the nomination paper of a candidate for state or local office
unless the candidate provides or has provided both of the following:
1. A political committee statement of organization or the five hundred dollar
threshold exemption statement for that office.
2. The financial disclosure statement as prescribed for candidates for that office.
C. The secretary of state shall notify the various boards of supervisors as to
write-in candidates filing with the secretary of state's office. The county school
superintendent shall notify the appropriate board of supervisors as to write-in
candidates filing with the superintendent's office. The board of supervisors shall notify
the appropriate election board inspector of all candidates who have properly filed such
statements. In the case of a city or town election, the city or town clerk shall notify
the appropriate election board inspector of candidates properly filed. No other write-ins
shall be counted. The election board inspector shall post the notice of official write-in
candidates in a conspicuous location within the polling place.
D. Except as provided in section 16-343, subsection E, a candidate may not file
pursuant to this section if any of the following applies:
1. For a candidate in the general election, the candidate ran in the immediately
preceding primary election and failed to be nominated to the office sought in the current
election.
2. For a candidate in the general election, the candidate filed a nomination
petition for the immediately preceding primary election for the office sought and failed
to provide a sufficient number of valid petition signatures as prescribed by section
16-322.
3. For a candidate in the primary election, the candidate filed a nomination
petition for the current primary election for the office sought and failed to provide a
sufficient number of valid petition signatures as prescribed by section 16-322.
4. For a candidate in the general election, the candidate filed a nomination
petition for nomination other than by primary for the office sought and failed to provide
a sufficient number of valid petition signatures as prescribed by section 16-341.
E. A person who files a nomination paper pursuant to this section for the office of
president of the United States shall designate in writing to the secretary of state at
the time of filing the name of the candidate's vice-presidential running mate, the names
of presidential electors who will represent that candidate and a statement signed by the
vice-presidential running mate and designated presidential electors that indicates their
consent to be designated. A nomination paper for each presidential elector designated
shall be filed with the candidate's nomination paper. The number of presidential electors
shall equal the number of United States senators and representatives in Congress from
this state. 16-313 Filing of nomination paper and petitions for special primary election
In a special primary election called by proclamation, nominating papers may be filed
not less than sixty days before the date fixed by the proclamation for the special
primary election. Nomination petitions shall be filed no later than sixty days before
the special primary election and signed by qualified electors as provided in section
16-322.
16-314 Filing and form of nomination petitions; definition
A. Any person desiring to become a candidate at any election and to have the
person's name printed on the official ballot shall, within the same time and with the
same officer as provided by section 16-311, file a nomination petition in addition to the
nomination paper required.
B. As used in this title, "nomination petition" means the form or forms used for
obtaining the required number of signatures of qualified electors, which is circulated by
or on behalf of the person wishing to become a candidate for a political office.
C. Nomination petitions shall be captioned "partisan nomination petition" or
"nonpartisan nomination petition", followed by the language of the petition in
substantially the following form:
Partisan Nomination Petition
"I, the undersigned, a qualified elector of the county of
______________, state of ARIZONA, and of (here name political division or
district from which the nomination is sought) and a member of the
_______________ party or a person who is registered as no party preference or
independent as the party preference or who is registered with a political
party that is not qualified for representation on the ballot, hereby nominate
_______________ who resides at _______________ in the county of
_______________ for the party nomination for the office of _______________ to
be voted at the primary election to be held _______________ as representing
the principles of such party, and I hereby declare that I am qualified to vote
for this office and that I have not signed, and will not sign, any nomination
petition for more persons than the number of candidates necessary to fill such
office at the next ensuing election."
Nonpartisan Nomination Petition
"I, the undersigned, a qualified elector of the county of
_______________, state of ARIZONA, and of (here name political division or
district from which the nomination is sought) hereby nominate _______________
who resides at _______________ in the county of _______________ for the office
of ______________ to be voted at the _______________ election to be held
_______________, and hereby declare that I am qualified to vote for this
office and that I have not signed and will not sign any nomination petitions
for more persons than the number of candidates necessary to fill such office
at the next ensuing election."
D. The nomination petition of a person seeking to fill an unexpired vacant term for
any public office shall designate the expiration date of the term following the name of
the office being sought.
16-315 Form of petitions
A. The nomination petitions shall be in substantially the following form:
1. Petitions shall be on paper fourteen inches wide and eight and one-half inches
long.
2. Petitions shall be headed by a caption stating the purpose of the petition,
followed by the body of the petition stating the intent of the petitioners.
3. There shall be fifteen lines spaced three-eighths of an inch apart and
consecutively numbered one through fifteen.
4. The signature portion of the petition shall be divided into columns headed by
the titles: signature; printed name; actual residence address or description of place of
residence, city, town or post office; and date of signing.
5. A photograph of the candidate may appear on the nomination petition.
B. The following shall appear on the petition:
Instructions for Circulators
1. All petitions shall be signed by circulator.
2. Circulator must be qualified to register to vote in this state.
3. Circulator's name shall be typed or printed under such person's signature.
4. Circulator's actual residence address or, if no street address, a description of
residence location shall be included on the petition.
C. The secretary of state shall prepare sample nomination petition forms and
distribute such forms to all election officers.
16-321 Signing and certification of nomination petition
A. Each signer of a nomination petition shall sign only one petition for the same
office unless more than one candidate is to be elected to such office, and in that case
not more than the number of nomination petitions equal to the number of candidates to be
elected to the office. A signature shall not be counted on a nomination petition unless
the signature is upon a sheet bearing the form prescribed by section 16-314.
B. For the purposes of petitions filed pursuant to sections 16-312, 16-313, 16-314
and 16-341, each signer of a nomination petition shall be a voter who at the time of
signing is a registered voter in the electoral district of the office the candidate is
seeking.
C. If an elector signs more nomination petitions than permitted by subsection A of
this section, the earlier signatures of the elector are deemed valid, as determined by
the date of the signature as shown on the petitions. If the signatures by the elector are
dated on the same day, all signatures by that elector on that day are deemed invalid.
Any signature by that elector on a nomination petition on or after the date of the last
otherwise valid signature is deemed invalid and shall not be counted.
D. The person before whom the signatures were written on the signature sheet shall
be qualified to register to vote in this state pursuant to section 16-101 and shall
verify that each of the names on the petition was signed in his presence on the date
indicated, and that in his belief each signer was a qualified elector who resides at the
address given as the signer's residence on the date indicated and, if for a partisan
election, that each signer is a member of the party the nomination of which the candidate
whose name appears on the nomination petition is seeking. The way the name appears on the
petition shall be the name used in determining the validity of the name for any legal
purpose pursuant to the election laws of this state. Signature and handwriting
comparisons may be made. 16-322 Number of signatures required on nomination petitions
A. Nomination petitions shall be signed:
1. If for a candidate for the office of United States senator or for a state
office, excepting members of the legislature and superior court judges, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least one-half of one per cent of the voter registration of
the party of the candidate in at least three counties in the state, but not less than
one-half of one per cent nor more than ten per cent of the total voter registration of
his party in the state.
2. If for a candidate for the office of representative in Congress, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least one-half of one per cent but not more than ten per
cent of the total voter registration of the party designated in the district from which
such representative shall be elected.
3. If for a candidate for the office of member of the legislature, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least one per cent but not more than three per cent of the
total voter registration of the party designated in the district from which the member of
the legislature may be elected.
4. If for a candidate for a county office or superior court judge, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least two per cent but not more than ten per cent of the
total voter registration of the party designated in the county or district, provided that
in counties with a population of two hundred thousand persons or more, a candidate for a
county office shall have nomination petitions signed by a number of qualified electors
who are qualified to vote for the candidate whose nomination petition they are signing
equal to at least one-half of one per cent but not more than ten per cent of the total
voter registration of the party designated in the county or district.
5. If for a candidate for a community college district, by a number of qualified
electors who are qualified to vote for the candidate whose nomination petition they are
signing equal to at least one-half of one per cent but not more than ten per cent of the
total voter registration in the precinct as established pursuant to section 15-1441.
6. If for a candidate for county precinct committeeman, by a number of qualified
electors who are qualified to vote for the candidate whose nomination petition they are
signing equal to at least two per cent but not more than ten per cent of the party voter
registration in the precinct or ten signatures, whichever is less.
7. If for a candidate for justice of the peace or constable, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least two per cent but not more than ten per cent of the
party voter registration in the precinct.
8. If for a candidate for mayor or other office nominated by a city at large, by a
number of qualified electors who are qualified to vote for the candidate whose nomination
petition they are signing equal to at least five per cent and not more than ten per cent
of the designated party vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, by a
number of qualified electors who are qualified to vote for the candidate whose nomination
petition they are signing equal to at least five per cent and not more than ten per cent
of the designated party vote in the ward, precinct or other district.
10. If for a candidate for an office nominated by a town at large, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least five per cent and not more than ten per cent of the
vote in the town.
11. If for a candidate for a governing board of a school district, by a number of
qualified electors who are qualified to vote for the candidate whose nomination petition
they are signing equal to at least one-half of one per cent of the total voter
registration in the school district if the governing board members are elected at large
or one per cent of the total voter registration in the single member district if
governing board members or joint technological education district board members are
elected from single member districts. Notwithstanding the total voter registration in
the school district or single member district, the maximum number of signatures required
by this paragraph is four hundred.
12. If for a candidate for a governing body of a special district as described in
title 48 by a number of qualified electors who are qualified to vote for the candidate
whose nomination petition they are signing equal to at least one-half of one per cent of
the vote in the special district but not more than two hundred fifty and not fewer than
five signatures.
B. The basis of percentage in each instance referred to in subsection A of this
section, except in cities, towns and school districts, shall be the number of voters
registered in the designated party of the candidate as reported pursuant to section
16-168, subsection G on March 1 of the year in which the general election is held. In
cities, the basis of percentage shall be the vote of the party for mayor at the last
preceding election at which a mayor was elected. In towns, the basis of percentage shall
be the highest vote cast for an elected official of the town at the last preceding
election at which an official of the town was elected. In school districts, the basis of
percentage shall be the total number of voters registered in the school district or
single member district, whichever applies. The total number of voters registered for
school districts shall be calculated using the periodic reports prepared by the county
recorder pursuant to section 16-168, subsection G. The count that is reported on March 1
of the year in which the general election is held shall be the basis for the calculation
of total voter registration for school districts.
C. In primary elections the signature requirement for party nominees, other than
nominees of the parties entitled to continued representation pursuant to section 16-804,
is at least one-tenth of one per cent of the total vote for the winning candidate or
candidates for governor or presidential electors at the last general election within the
district. Signatures must be obtained from qualified electors who are qualified to vote
for the candidate whose nomination petition they are signing.
D. If new boundaries for congressional districts, legislative districts,
supervisorial districts, justice precincts or election precincts are established and
effective subsequent to March 1 of the year of a general election and prior to the date
for filing of nomination petitions, the basis for determining the required number of
nomination petition signatures is the number of registered voters in the designated party
of the candidate in the elective office, district or precinct on the day the new
districts or precincts are effective.
16-331 Election of superior court judges by declared divisions of court
A. In any election at which two or more judges of the superior court are to be
voted for or elected for the same term, it shall be deemed that there are as many
separate offices to be filled as there are judges of the superior court to be
elected. Each separate office shall be designated by the distinguishing number of the
division of the court occupied on January 1 preceding the primary election by the
respective judges whose terms expire after the general election and on or before the
first Monday in January next succeeding such election.
B. The designation shall remain the same for all purposes of both the primary and
general election and shall be used on all nominating petitions, nomination papers,
ballots, certificates of election and election papers referring to the office. After
election and the issuance of the certificate of election, the designating number shall
have no further significance.
16-332 Election of justices of supreme court or judges of court of appeals by declared terms
A. In any election at which two or more justices of the supreme court or judges of
the court of appeals are to be voted for or elected for the same length of term, it shall
be deemed that there are as many separate offices to be filled as there are judges of the
court to be elected. Each office shall be designated by a distinguishing number, as
"term number one expiring the first Monday in January, 19___". The court or division
concerned shall, on or before April 30 of each election year, designate the members of
the court who hold such terms of office which expire in January next following such
election year.
B. The designation shall remain the same for all purposes of both the primary and
general election and shall be used on all nominating petitions, nomination papers,
ballots, certificates of election and all election papers referring to the office. After
election and the issuance of the certificate of election, the designating number shall
have no further significance.
16-333 Preparation and filing of nominating petition for certain judicial offices
Any nominating petition for a candidate for judge of the superior court, judge of
the court of appeals or justice of the supreme court to be voted on at any election shall
be prepared and filed in accordance with the provisions of this chapter. Any petition
filed by a candidate for any such court which does not comply with the provisions of this
chapter shall have no force or effect at any such election.
16-341 Nomination petition; method and time of filing; form; qualifications and number of petitioners required
A. Any qualified elector who is not a registered member of a political party that
is recognized pursuant to this title may be nominated as a candidate for public office
otherwise than by primary election or by party committee pursuant to this section.
B. This article shall not be used to place on the general election ballot the name
of a political party which fails to meet the qualifications specified in section 16-802
or 16-804, or the name of any candidate representing such party or the name of a
candidate who has filed a nomination petition in the immediately preceding primary
election and has failed to qualify as the result of an insufficient number of valid
signatures.
C. A nomination petition stating the name of the office to be filled, the name and
residence of the candidate and other information required by this section shall be filed
at the same time and with the same officer with whom primary nomination papers and
petitions are required to be filed as prescribed in section 16-311. The petition shall be
signed only by voters who have not signed the nomination petitions of a candidate for the
office to be voted for at that primary election.
D. The nomination petition shall be in substantially the following form:
"The undersigned, qualified electors of __________ county, state of
ARIZONA, do hereby nominate __________, who resides at __________ in the
county of __________, as a candidate for the office of __________ at the
general (or special, as the case may be) election to be held on the __________
day of __________, _____.
I hereby declare that I have not signed the nomination
petitions of any candidate for the office to be voted for at this
primary election, and I do hereby select the following designation
under which name the said candidate shall be placed on the
official ballot (here insert such designation not exceeding three
words in length as the signers may select)."
E. The nomination petition shall conform as nearly as possible to the provisions
relating to nomination petitions of candidates to be voted for at primary elections and
shall be signed by at least the number of persons who are registered to vote determined
by calculating three per cent of the persons who are registered to vote of the state,
county, subdivision or district for which the candidate is nominated who are not members
of a political party that is qualified to be represented by an official party ballot at
the next ensuing primary election and accorded representation on the general election
ballot.
F. The percentage of persons who are registered to vote necessary to sign the
nomination petition shall be determined by the total number of registered voters from
other than political parties that are qualified to be represented by an official party
ballot at the next ensuing primary election and accorded representation on the general
election ballot in the state, county, subdivision or district on March 1 of the year in
which the general election is held. Notwithstanding the method prescribed by subsection E
of this section and this subsection for calculating the minimum number of signatures
necessary, any person who is registered to vote in the state, county, subdivision or
district for which the candidate is nominated is eligible to sign the nomination petition
without regard to the signer's party affiliation.
G. For the purposes of this section, a nomination petition for the office of
presidential elector shall include a group of names of candidates equal to the number of
United States senators and representatives in Congress from this state instead of
separate nomination petitions for each candidate for the office of presidential elector.
A valid signature on a petition containing a group of presidential electors candidates is
counted as a signature for the nomination of each of the candidates. The presidential
candidate whom the candidates for presidential elector will represent shall designate in
writing to the secretary of state the names of the candidates who will represent the
presidential candidate before any signatures for the candidate can be accepted for
filing.
H. A person who files a nomination paper pursuant to this section for the office of
president of the United States shall designate in writing to the secretary of state at
the time of filing the name of the candidate's vice-presidential running mate, the names
of the presidential electors who will represent that candidate and a statement that is
signed by the vice-presidential running mate and the designated presidential electors and
that indicates their consent to be designated. A nomination paper for each presidential
elector designated shall be filed with the candidate's nomination paper. The number of
presidential electors shall equal the number of United States senators and
representatives in Congress from this state.
I. A candidate who does not file a timely nomination petition that complies with
this section is not eligible to have the candidate's name printed on the official ballot
for that office. The filing officer shall not accept the nomination paper of a candidate
for state or local office unless the candidate provides or has provided all of the
following:
1. The nomination petition required by this title.
2. A political committee statement of organization or the five hundred dollar
threshold exemption statement for that office.
3. The financial disclosure statement as prescribed for candidates for that office.
16-342 Special election nominations by delegate convention
Nominations entitling candidates to have their names printed on the official ballot
for a special election held for the purpose of filling a vacancy in an office may be made
by delegates assembled in convention if, in the judgment of the secretary of state and
the attorney general, the time is too short in which to hold a primary election, or the
cost of such primary election would be excessive or unnecessarily burdensome.
16-343 Filling vacancy caused by death or incapacity or withdrawal of candidate
A. A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a
candidate after the close of petition filing but prior to a primary or general election
shall be filled by the political party with which the candidate was affiliated as
follows:
1. In the case of a United States senator or statewide candidate, the state
executive committee of the candidate's political party shall nominate a candidate of the
party's choice and shall file a nomination paper and affidavit complying with the
requirements for candidates as stated in section 16-311 in order to fill the vacancy.
2. In the case of a vacancy for the office of United States representative or the
legislature, the party precinct committeemen of that congressional or legislative
district shall nominate a candidate of the party's choice and shall file a nomination
paper and affidavit complying with the requirements of section 16-311.
3. In the case of a vacancy for a county or precinct office, the party county
committee of counties with a population of less than two hundred fifty thousand persons
according to the most recent United States decennial census and, in counties with a
population of two hundred fifty thousand persons or more according to the most recent
United States decennial census the county officers of the party together with the
chairman of the party precinct committeemen in each legislative district of the county,
shall nominate a candidate of the party's choice and shall file a nomination paper and
affidavit complying with the requirements of section 16-311 to fill such vacancy.
B. The nomination paper and affidavit required in subsection A of this section
shall be filed with the office with which nomination petitions were to be filed at any
time before the official ballots are printed.
C. Any meetings for the purpose of filing a nomination paper and affidavit provided
for in this section shall be called by the chairman of such committee or legislative
district, except that in the case of multicounty legislative or congressional districts
the party county chairman of the county having the largest geographic area within such
district shall call such meeting. The chairman or in his absence the vice-chairman
calling such meeting shall preside. The call to such meeting shall be mailed or given in
person to each person entitled to participate therein no later than one day prior to such
meeting. A majority of those present and voting shall be required to fill a vacancy
pursuant to this section.
D. A vacancy which occurs following the printing of official ballots shall not be
filled in accordance with this section, however, prospective candidates shall comply with
the provisions of section 16-312. A candidate running as a write-in candidate under this
subsection shall file the nomination paper no later than 5:00 p.m. on the fifth day
before the election.
E. Candidates nominated pursuant to subsection A of this section or a candidate
running as a write-in candidate under subsection D of this section may be a candidate who
ran in the immediately preceding primary election for the office and failed to be
nominated.
F. If a vacancy occurs as described in subsection A of this section for a state
office, the secretary of state shall notify the various boards of supervisors as to the
vacancy. The boards of supervisors shall notify the inspectors of the various precinct
election boards in the county, district or precinct where a vacancy occurs. In the case
of a city or town election, the city or town clerk shall notify the appropriate
inspectors.
G. The inspectors shall post the notice of vacancy in the same manner as posting
official write-in candidates. In the case of a withdrawal of a candidate that occurs
after the printing of official ballots, the inspectors shall post the notice of
withdrawal in a conspicuous location in each polling place. 16-344 Office of presidential elector; appointment by state committee chairman
A. The chairman of the state committee of a political party which is qualified for
representation on an official party ballot at the primary election and accorded a column
on the general election ballot shall appoint candidates for the office of presidential
elector equal to the number of United States senators and representatives in Congress
from this state and shall file for each candidate with the secretary of state, not less
than ninety days or more than one hundred twenty days before the primary election, by
5:00 p.m. on the last day for filing:
1. A nomination paper giving the candidate's actual residence address or
description of place of residence and post office address, naming the party of which the
candidate desires to become a candidate, stating his candidacy for the office of
presidential elector, stating the exact manner in which the candidate desires to have his
name printed on the official ballot pursuant to section 16-311, subsection G, and stating
the date of the general election at which he desires to become a candidate.
2. An affidavit including facts sufficient to show that the candidate resides in
this state and will be qualified at the time of the election to hold the office of
presidential elector.
B. The nomination paper and affidavit of qualification pursuant to subsection A of
this section shall be printed in a form prescribed by the secretary of state.
16-351 Limitations on appeals of validity of nomination petitions; disqualification of candidate
A. Any elector filing any court action challenging the nomination of a candidate as
provided for in this chapter shall do so no later than 5:00 p.m. of the tenth day,
excluding Saturday, Sunday and other legal holidays, after the last day for filing
nomination papers and petitions. The elector shall specify in the action the petition
number, line number and basis for the challenge for each signature being challenged.
Failure to specify this information shall result in the dismissal of the court action.
Within ten days after the filing of the action, the superior court shall hear and render
a decision on the matter. Such decision shall be appealable only to the supreme court,
and notice of appeal shall be filed within five days after the decision of the superior
court in the action. The supreme court shall hear and render a decision on the appeal
promptly.
B. Any elector may challenge a candidate for any reason relating to qualifications
for the office sought as prescribed by law, including age, residency or professional
requirements, if applicable.
C. In any action challenging a nomination petition, the following persons are
indispensable parties to the action and shall be named and served as defendants:
1. The candidate whose petition is the subject of the challenge.
2. The officer with whom the petitions are required to be filed.
3. The board of supervisors and the recorder of each county or the clerk of each
city or town who are responsible for preparing the ballots that contain the challenged
candidate's name.
D. For the purposes of an action challenging nomination petitions, the board of
supervisors and the recorder of each county or the clerk of each city or town responsible
for preparing the ballots that contain the challenged candidate's name and each person
filing a nomination petition under this chapter appoints the officer with whom the
candidate files the nomination paper and petitions as the person's agent to receive
service of process. Process in an action challenging a nomination petition shall be
served immediately after the action is filed and in no event more than twenty-four hours
after filing the action excluding Saturdays, Sundays and other legal holidays.
Immediately upon receipt of process served upon the officer as agent for a person filing
a nomination petition, the officer shall mail the process to the person and shall notify
him by telephone of the filing of the action.
E. Notwithstanding the system used pursuant to section 16-163, subsection D, the
most current version of the general county register at the time of filing of a court
action challenging a nomination petition shall constitute the official record to be used
to determine on a prima facie basis by the challenger that the signer of a petition was
not registered to vote at the address given on the date of signing of the petition. This
subsection does not preclude the challenged candidate from introducing into evidence a
certified copy of the registration form of any signer of a petition dated on or before
the date of the signing of the petition if the registration form is in the possession of
the county recorder but has not yet been filed in the general county register.
F. In addition to the procedures set forth in this section, all petitions that have
been submitted by a candidate who is found guilty of petition forgery shall be
disqualified and that candidate shall not be eligible to seek election to a public office
for a period of not less than five years.
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