State |
Who Calls the Special Election |
Timeline of Special Elections |
Additional Details |
Alabama
Ala. Code § 17-15-1 to 17-15-3
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Governor
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No specified timeline.
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- Special elections to fill vacancies are held on any “day as the governor may direct.”
- A special election to fill a vacancy is only held if the legislature will be in session prior to the next general election for the office.
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American Samoa
A. Samoa Const. Art 2, §13; A. Samoa Code §6.0108
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Governor
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Writ of election: no timeline specified.
Special election: within 60 days of the election being called.
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If a vacancy occurs within three months of the next regular election, no special election shall be held, and the governor shall appoint a qualified person to fill the vacancy.
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Arkansas
Ark. Const. Art. 5, § 6, Ark. Const. Amendment 29, §1; Ark. Stat. Ann. § 7-11-103, 7-11-105, 7-11-302, 10-2-118 to 10-2-120.
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Governor
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Writ of election: issued “immediately” or “without delay” upon the vacancy occurring.
Special election: held on the second Tuesday of any month that the governor chooses.
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The special election must be held no sooner than 70 days following the date established in the writ of election.
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California
Cal. Elec. Code § 10700 et seq.; Cal. Const. Art. IV, § 2
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Governor
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Writ of election: issued within 14 days of vacancy arising.
Special election: held between 126 days and 140 days after the governor issues the writ.
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- A special primary election must be held on the 9th Tuesday before the general special election is held.
- If a vacancy occurs after the close of the nomination period in the final term of the office, no special election is held.
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Connecticut
Conn. Gen. Stat. § 9-215
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Governor
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Writ of election: issued within 10 days of vacancy occurring.
Special election: held on the 46th day after the governor issues the writ.
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- If the vacancy occurs between the 125th day and the 49th day before the day of the regular election, the special election is held on the same day as the general election.
- If a vacancy occurs after the 49th day before the general election but before legislative session begins in January the following year, the governor shall not call a special election unless the vacant position is that of a member-elect.
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Delaware
Del. Code Ann. tit. 15, § 7101, 7102
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During session, the presiding officer of the chamber where the vacancy exists.
When not in session, the governor “may issue” a writ of election to fill the vacancy.
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Writ of election: issued within 10 days of the vacancy occurring.
Special election: held between 30 and 35 days after the day of issuing the writ.
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- The special election is held at the same time as the general election if the vacancy arose in a general election year that would require a special election to be held after June 30, but before the general election day. However, the presiding officer may still determine that a vacancy must be filled at a special election held before the general election.
- If the vacancy arises after Sept. 1 but before the general election and the office is not on the ballot already, the special election shall be set for no sooner than Dec. 12 and no later than Dec. 20.
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District of Columbia
D.C. Code Ann. § 1–1001.10(d), 1-204.01(d)
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Board of elections
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Writ of election: not specified.
Special election: held 70 to 174 days after the vacancy occurs
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- If a vacancy occurs before May 1 of the last year of the councilmember’s term of office, the board of elections shall hold a special election on the Tuesday occurring at least 70 days and not more than 174 days after the vacancy occurred.
- If the vacancy occurs after May 1, the seat is filled by appointment by the central party committee until the next general election.
- The person appointed or elected at a special election serves as a member of the council only for the remainder of the term during which such vacancy occurred.
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Florida
Fla. Stat. § 100.101, 100.111
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Governor, after consultation with the secretary of state.
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No timeline specified.
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- The governor, after consultation with the Secretary of State, shall fix the dates of both a special primary election and a special election.
- “The governor shall consider any upcoming elections in the jurisdiction where the special election will be held.”
- If a vacancy occurs out of legislative session and no session is scheduled to occur during the remaining portion of the term, a special election is not required.
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Georgia
Ga. Const. Art. 3, § 4, Para. 5; Ga. Code § 21-2-544
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Governor
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Writ of election:
- If in session: within 10 days of the vacancy occurring.
- If out of session: at any time sooner than 60 days before the November election.
Special election: held between 30 days and 60 days after the writ is issued.
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Guam
Guam Code Ann. tit. 3, § 13103
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Election Commission
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Writ of election: not specified.
Special election: held 60 days after the vacancy occurs.
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- Candidates shall file their candidacies no later than 40 days prior to the special election date.
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Iowa
Iowa Code § 69.14
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Governor
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Writ of election: Within 5 days of the vacancy occurring.
Special election:
- If during legislative session: held at the “earliest practical time,” giving at least 18 days of notice before the special election
- If not in session: held at least 45 days after governor’s notice
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- A special election called to fill a legislative vacancy must be held on a Tuesday and shall not be held on the same day as a school election within the district
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Kentucky
Ky. Rev. Stat. § 118.730, 118.740
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During session: presiding officer of the chamber in which the vacancy exists.
When not in session: the governor.
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No specified timeline
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- The writ of election “shall designate the day for holding the election” and is forwarded by mail to the sheriff of each county of the district in which the election is to be held.
- The writ must be sent to the sheriffs at least 63 days before the election. Each sheriff involved must provide notice of the election at least 56 days before the day of election.
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Louisiana
La. Rev. Stat. Ann. § 18:601
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Presiding officer of the house in which the vacancy occurs
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Writ of election: within 10 days of the vacancy occurring.
Special election: no statutory deadline. The presiding officer determines the election dates and associated filing deadlines.
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- A special election is only called if six months or more of the term of the vacant seat remain unexpired. Otherwise, the seat is filled at the next general election.
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Massachusetts Mass. Const. Amend. Art. 24; Mass. Gen. Laws Ann. ch. 54, § 141
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For the house: The speaker of the house of representatives
For the senate: The majority of senators
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Writ of election: not specified
Special election: held at “such time as the house of representatives may order… all such elections shall be held on a Tuesday”
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- The house of representatives selects a time to hold the election. If the legislature is in recess, then the speaker of the house alone selects the time to hold the election.
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Maine
Me. Const. Art. IV, Pt. 2, § 5; Me. Rev. Stat. Ann. tit. 21-A, §361, 366, 381, 382;
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Governor
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Writ of election: no specified timeline
Special election: no specified timeline.
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- Political parties must choose nominees for the special election no sooner than 15 days following the governor’s election proclamation.
- “The proclamation of a special election must specify the time and place it must be”
- All state senate vacancies “shall be filled by an immediate election in the unrepresented district. The governor shall issue a proclamation therefor and therein fix the time of such election.”
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Michigan
Mich. Const. Art. 5, § 13; Mich. Comp. Laws §168.178, 168.634
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Governor
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No timeline specified
The governor may either call a special election to fill the vacancy or direct it to be filled at the next general election.
Note: Michigan has an election consolidation schedule for statewide elections giving three different options to choose from. (Mich. Comp Laws 168.641).
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- If a vacancy occurs after the primary election but before the next general election, the governor can decide to fill the vacancy at the general election.
- If the governor chooses to fill the vacancy at that general election, the executive committee of each political party in the county or counties can select a candidate. The candidate must be voted on no later than 21 days after the vacancy occurred and at least 10 days before the general election
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Minnesota
Minn. Cons. Art. 4, § 4; Minn. Stat. § 204D.17, 204D.19
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Governor
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Writ of election: within 5 days of the vacancy
Special election: within 35 days of writ issuance.
Note: This timeline only applies if the vacancy occurs during legislative session.
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- If the legislature will not be in session before the expiration of the vacant term, no special election is required.
- The vacancy shall be filled at the next state general election if the vacancy occurs more than 150 days before the next general election and the legislature will not be in session before the results of the state general election are canvassed.
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Mississippi
Miss. Code Ann. § 23-15-851
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Governor
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Writ of election: within 30 days of the vacancy occurring
Special election: no timeline specified. The governor must specify a date in the writ of election and must give at least 60 days’ notice of the election to the appropriate jurisdiction(s).
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If a vacancy occurs in a general election calendar year, the governor may choose not to issue a writ of election to fill the vacancy.
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Missouri
Mo. Const. Art. 3, §14; Mo. Rev. Stat. §21.110, 21.130, 115.125, 115.127
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Governor
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Writ of election: issued “without delay”
Special election: no specified timeline.
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- The governor issues the writ of election “without delay” upon notice of a vacancy and transmits the writ to the appropriate local election officials.
- The governor must notify local officials of the election no later than the 10th Tuesday before the election is to be held.
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New Hampshire
N.H. Const. Part 2, Art. 16 and Art. 34; N.H. Rev. Stat. Ann. §655:81, 661:8
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Governor
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Writ of election: within 21 days of receiving proof of vacancy or a request that the vacancy be filled.
Special election: held between 110 and 124 days after the governor calls for the election
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- No special election shall be held after March 15 of the second/last year of the term (terms for both senators and representatives are 2 years).
- A special primary election must be held 49 days prior to the special election.
- The special election must be held on Tuesday not less than 110 nor more than 124 days following the day that the governor calls for a special election.
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New York
N.Y. Public Officers Law § 42
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Governor
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Writ of election: within 10 days of the vacancy occurring
Special election: held between 40 and 50 days after the writ is issued
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A special election is not held if the vacancy occurs between April 1st of the last year of the term and the next general election.
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Northern Mariana Islands
N. Mar. I. Const. art. II, § 9; C.N.M.I. Code Ann. tit. 1, § 6502
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Governor
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Writ of election: 30 days after the vacancy occurs
Special election: Between 30 and 60 days after the governor calls for the election.
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- If the governor fails to call a special election within 30 days of a vacancy, the Election Commission shall submit its determination to the governor. The governor shall issue a proclamation for a special election within five calendar days of receipt of a Commission certification of vacancy or recall requiring a special election.
- If a legislative vacancy occurs and less than one-half of the term remains, the governor shall fill the vacancy through appointment within 30 days of the date of the vacancy.
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Oklahoma
Okla. Stat. Ann. tit. 26, § 12-106, 12-108, 3-101
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Governor
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Writ of election: within 30 days after the vacancy occurs.
Special election: no timeline specified.
Note: Oklahoma has a consolidated election schedule, giving officials a set of dates to choose from.
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- No special election shall be called if the vacancy occurs in an even-numbered year if the term of the office expires the same year.
- If a senator with two or more years remaining in their term announces their resignation before March 1 of an even-numbered year, the special election to fill their seat can be held at the general election if the effective date of the resignation is between the general election and the new legislative session.
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Pennsylvania
Pa. Const. Art. II, §2; 25 Pa. Stat. § 2778
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Presiding officer of appropriate chamber
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Writ of election: within 10 days of the vacancy occurring
Special election: held at least 60 days after the writ is issued
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- The election will be held at the next regularly scheduled election at least 60 days after the writ is issued, or on an earlier date not coinciding with a regularly scheduled election chosen by the presiding officer, so long as it is not less than 60 days after the writ is issued.
- If the vacancy occurs less than seven months prior to the term expiration, a special election shall be held only if, in the opinion of the presiding officer, the election is in the public interest.
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Puerto Rico
P.R. Code Ann. tit. 16, § 4705
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Governor
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Writ of election: 30 days following the deadline for the party to submit candidates.
Special election: held 90 days after it was called.
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- A special election is held if the vacancy occurs more than 12 months before the next general election.
- The political party may adopt an alternate substitution method to fill the vacancy, instead of using the special election
- The political party shall have 60 days to file with the election commission the candidates to fill the vacancy at the special election.
- When a political party nominates only one candidate, the party chair shall certify that said candidate is entitled to hold office.
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Rhode Island
R.I. Const. Art. 4, §5; R.I. Gen. Laws § 17-3-6
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Secretary of State
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Writ of election: no deadline specified
Special election: held between 70 and 90 days after the vacancy occurs
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If the vacancy occurs after the first Monday in February in the second year of the term (which is the last year of the term for both senators and representatives), no warrant shall be issued for a special election to fill the vacancy.
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South Carolina
S.C. Const. Art. 3, § 25; S.C. Code Ann. § 7-13-190
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President of the Senate or Speaker of the House of Representatives
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Writ of election: no deadline specified
Special election: held on the 20th Tuesday after the vacancy occurs
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- If the 20th Tuesday after the vacancy occurs is less than 60 days before the general election, the special election must be held on the same day as the general election.
- A primary must be held on the 11th Tuesday after the vacancy occurs. A runoff primary must be held on the 13th Tuesday after the vacancy occurs.
- The person elected by special election. serves for the remainder of the term.
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Texas
Tex. Elec. Code §3.003, 201.051, 201.52, 203.001 et. seq.
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Governor
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Writ of election: no later than the 36th day before election day
Special election: held on the first uniform election date occurring on or after the 36th day after the date the election is ordered.
- If the vacancy occurs during session with more than 25 days of session still remaining of session, the election must be held between 21 and 45 days after the election is ordered.
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- If the election is to be held as an emergency election, it shall be held on a Tuesday or Saturday occurring on or after the 36th day and on or before the 64th day after the date the election is ordered.
- If the vacancy occurs during a regular session of the legislature and more than 25 days before the last possible day of the session; or during the 60 days immediately prior to the date of convening the legislative session, the election must be held on a Tuesday or Saturday occurring not earlier than the 21st day or later than the 45th day after the date the election is ordered.
- For a vacancy to be filled by a special election to be held on the date of the general election for state and county officers, the election shall be ordered not later than the 78th day before election day.
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U.S. Virgin Islands
V.I. Code tit. 2, § 111
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Governor
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Writ of election: 30 days following the day on which the vacancy occurred.
Special election: held 60 days from when the special election was called.
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- If the vacancy occurs within one year prior to the general election, the president of the legislature shall appoint the person from the same political party. If the previous office holder was not a candidate of a political party, the legislature by a two-thirds majority of its members shall elect a person from said district, or at large, as the case may be, to fill the vacancy.
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Virginia
Va. Code § 24.2-216, 24.2-682
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During legislative session: Presiding officer of appropriate chamber
During legislative recess: governor
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Writ of election: within 30 days of the vacancy
Special election: if the vacancy occurs between Dec. 10 and March 1, the election must be held no more than 30 days after the vacancy occurs. These dates roughly align with Virginia’s legislative session.
If the vacancy occurs out of legislative session: no timeline specified
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- The writ shall be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first.
- If the vacancy occurs or will occur between Dec. 10 and March 1, the writ shall order the special election to be held no more than 30 days from the date of such vacancy.
- No election to fill a vacancy shall be ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled.
- “Every special election shall be held on a Tuesday. No special election shall be held within the 55 days prior to a general or primary election. No special election shall be held on the same day as a primary election. A special election may be held on the same day as a general election”
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Wisconsin
Wis. Const. Art. 4, § 14; Wis. Stat. §8.50, 17.19
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Governor
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Writ of election: not specified
Special election: between 62 and 77 days from the date of the order
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- No special election may be held after Feb. 1 preceding the spring election unless it is held on the same day as the spring election, nor after Aug. 1 preceding the general election unless it is held on the same day as the general election.
- If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that primary.
- If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.
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