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Alabama
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Ala. Code § 17-15-1, 17-5-2, 17-5-4
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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. All special elections shall be held on such day as the governor may direct. The governor must give notice of any special election for representatives in Congress, or state officers, by proclamation.
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The governor must issue a proclamation for a special election following a vacancy in the U.S. House.
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The governor must specify the date for the special election.
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Not specified.
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Alaska
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Alaska Stat. § 5.40.140
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When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special primary election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs, to be followed by a special election on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election. However, in an election year in which a candidate for that office is not regularly elected, if the vacancy occurs on a date that is not less than 60, nor more than 90, days before the date of
(1) the primary election, the special primary election shall be held on the date of the primary election with the subsequent special election to be held on the date of the general election; or
(2) the general election, the special primary election shall be held on the date of the general election with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election.
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The governor must issue a proclamation for a special primary following a vacancy in the U.S. House
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The special primary must be held between 60 and 90 days after the vacancy occurs. The special election must be held on the first Tuesday that occurs 60 days after the special primary.
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If the vacancy occurs during a general election year on a date between 60 and 90 days before the primary election, the special primary election must be held at the regular primary date and the special election must be held on the date of the general election.
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Arizona
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Ariz. Rev. Stat. Ann. § 16-222
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Special elections to fill a vacancy in the office of a representative in Congress shall be held only on the proclamation of the governor and for that purpose only. A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause and except as provided in subsection D of this section, the vacancy shall be filled at the next general election. At such an election the person elected shall fill the unexpired term of the vacated office.
B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months after the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within 72 hours after the office is officially declared vacant. Notwithstanding §§ 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply:
1. The special primary election shall be held not less than 120 nor more than 130 days after the occurrence of the vacancy, and the special general election shall be held not less than 70 nor more than 80 days after the special primary election.
2. Nomination papers and nomination petitions shall be filed not later than 30 days after the date of the proclamation calling the election.
3. Any court action challenging the nomination of a candidate shall be filed not later than 5 p.m. on the fifth business day after the last day for filing nomination papers and petitions.
4. The superior court shall hear and render a decision within five days after the filing of the action.
5. Beginning 15 days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.
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The governor must issue a proclamation for an election to fill a vacancy in the U.S. House.
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The special primary must be held between 33 and 120 days after the announced vacancy. The special election must be held between 70 and 80 days after the special primary.
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If a vacancy occurs within six months of a general election, the vacancy will be filled at that election.
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Arkansas
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Ark. Stat. Ann. § 7-8-102
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When any vacancy shall happen in the office of a member of the United States House of Representatives from this state by death, resignation, removal, or otherwise, it shall be the duty of the governor, by proclamation, to order the sheriffs of the several counties to order an election to be held on a certain day to be named in the proclamation to fill the vacancy. The election shall be conducted in the same manner, and returns thereof made, as prescribed in this title for general elections
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The governor must issue a proclamation to order an election following a vacancy in the U.S. House.
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The proclamation must specify the date for the special election.
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Not specified.
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California
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Cal. Election Code § 10700, 10701, 10703
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The governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county. (a) When a vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, the governor may decline to issue an election proclamation at his discretion.
(b) When a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held. (a)(1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.
(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
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The governor must issue a proclamation for a special election within 14 days of a vacancy in the U.S. House.
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The special election must take place on a Tuesday between 126 to 140 days following the vacancy.
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If the vacancy occurs after the close of the nomination period in the final year of the term of the office, no election will be held.
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Colorado
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Colo. Rev. Stat. § 1-4-401
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(1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the 90 days prior to a general election or less than 85 days or more than one hundred days after the vacancy occurs.
(2) A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.
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The governor must set the date for special elections to fill a U.S. House of vacancy.
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The special election must be held no sooner than 70 days but no later than 90 days after the vacancy occurs.
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No special election will occur within 90 days before a general election.
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Connecticut
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Conn. Gen. Stat. § 9-212
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(a) In case of a vacancy in the office of representative in Congress from any district, the governor, except as otherwise provided by law, shall not more than ten days after the occurrence of such vacancy issue writs of election directed to the town clerks or assistant town clerks, in such district, ordering an election to be held on the 60th day after the issue of such writs on a day, other than a Saturday or Sunday, to fill such vacancy, provided (1) if such a vacancy occurs between the 125th day and the 63rd day before the day of a regular state or municipal election in November of any year, the governor shall so issue such writs on the 60th day before the day of such regular election, ordering an election to be held on the day of such regular election, (2) if such a vacancy occurs after the 63rd day before the day of a regular state election but before the regular state election, the governor shall not issue such writs and no election shall be held under this section, unless the position vacated is that of member-elect, in which case the governor shall issue such writs and an election shall be held as provided in this section, and (3) if a primary for such office occurs pursuant to subdivision (3) of subsection (b) of section 9-450, the Governor shall, within 10 days following the filing of a candidacy for nomination by a person other than the party-endorsed candidate, issue new writs of election, in place of those first issued pursuant to this section.
(b) The governor shall cause writs of election issued pursuant to subsection (a) of this section to be conveyed to a state marshal, who shall forthwith transmit an attested copy thereof to such clerks or assistant clerks. Such clerks or assistant clerks, on receiving such writs, shall warn elections to be held on the day appointed therein in the same manner as state elections are warned, which elections shall be organized and conducted as are state elections, and the vote shall be declared, certified, directed, deposited, returned and transmitted in the same manner as at a state election.
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The governor must issue a writ of election within 10 days of a U.S. House vacancy.
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The special election must be held within 60 days of the writ issuance.
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If the vacancy occurs between the 125th and the 63rd day before the November general election, the governor’s writ must direct the special election to be held on the same day as the general election.
If a vacancy occurs after the 63rd day before a general election, no special election will be held.
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Delaware
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Del. Code Ann. tit. 15, § 7301, 7302
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Whenever a vacancy shall happen by death, resignation or otherwise in the representation from this State in the House of Representatives of the United States, an election shall be held to fill such vacancy on such day as the governor shall appoint, in the several counties at the same places which at the time shall be prescribed by law for holding the general election. It shall be in the discretion of the governor whether to appoint a day for holding elections under this chapter, before the day of holding the general election next after the happening of a vacancy, and, if the day of holding the general election shall be appointed, then the election shall be held and conducted and all the proceedings touching the same had as part of the general election.
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The governor must appoint a day for a special election to fill a vacancy in the U.S. House within 10 days of such vacancy.
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The governor must choose the day for the special election.
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The governor may choose the general election as the day to hold the special election to fill the vacancy.
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Florida
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Fla. Stat. § 100.111
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(1)(a) If any vacancy occurs in any office which is required to be filled pursuant to s. 1(f), Art. IV of the State Constitution and the remainder of the term of such office is 28 months or longer, then at the next general election a person shall be elected to fill the unexpired portion of such term, commencing on the first Tuesday after the first Monday following such general election.
(b) If such a vacancy occurs prior to the first day set by law for qualifying for election to office at such general election, any person seeking nomination or election to the unexpired portion of the term shall qualify within the time prescribed by law for qualifying for other offices to be filled by election at such general election.
(c) If such a vacancy occurs prior to the primary election but on or after the first day set by law for qualifying, the secretary of state shall set dates for qualifying for the unexpired portion of the term of such office. Any person seeking nomination or election to the unexpired portion of the term shall qualify within the time set by the secretary of state. If time does not permit party nominations to be made in conjunction with the primary election, the governor may call a special primary election to select party nominees for the unexpired portion of such term.
(2) Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the governor, after consultation with the secretary of state, shall fix the dates of a special primary election and a special election.
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The governor must set the date for a special primary and a special election following vacancy in the U.S. House.
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The governor must choose dates with at least two weeks in between a special primary and a special election.
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Not specified.
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Georgia
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Ga. Code § 21-2-543
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Whenever a vacancy shall occur or exist in the office of Representative in the United States Congress from this state the governor shall issue, within 10 days after the occurrence of such vacancy, a writ of election to the secretary of state for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 days after its issuance. Upon receiving the writ of election from the governor, the secretary of state shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election.
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The governor must issue a writ of election within 10 days following a vacancy in the U.S. House.
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The special election must be held within 30 days following the writ.
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Not specified.
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Hawaii
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Hawaii Rev. Stat. § 17-2
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When a vacancy occurs in the representation of this State in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy. The proclamation shall be issued not later than on the sixtieth day prior to the election to fill the vacancy and shall contain the date, time, and places where the special election is to be held, the time within which nomination papers shall be filed, the time for transmitting to county clerks the notice designating the offices for which candidates are to be elected, the time for transmitting to county clerks lists of candidates to be voted for at the special election and such other matter as provided for in section 11-91 and which are not inconsistent with this section. The special election shall be conducted and the results ascertained so far as practicable, in accordance with this title.
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The chief election officer must issue a proclamation for a special election following a U.S. House vacancy. The proclamation must be issued no later than 60 days before the election to fill the vacancy.
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The special election will be held on a date specified by the chief election officer.
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Not specified.
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Idaho
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Idaho Code § 59-911
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Whenever any vacancy shall occur in the office of representative in congress from the state, it shall be the duty of the governor to appoint a day to hold an election, subject to the provisions of section 34-106, Idaho Code, to fill such vacancy, and cause notice of such election to be given as required in section 34-1406, Idaho Code.
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The governor must appoint a day to hold a special election following a vacancy in the U.S. House.
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The special election will be held on a day chosen by the governor.
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Not specified
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Illinois
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Ill. Rev. Stat. ch. 10, § 5/25-7
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(a) When any vacancy shall occur in the office of representative in congress from this state more than 240 days before the next general election, the governor shall issue a writ of election within five days after the occurrence of that vacancy to the county clerks of the several counties in the district where the vacancy exists, appointing a day within 180 days of issuance of the writ to hold a special election to fill such vacancy.
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The governor must issue a writ of election within five days following a vacancy in the U.S. House.
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The special election must be held within 180 days of the writ issuance.
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A special election will not be held if the vacancy occurs within 240 days of a general election.
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Indiana
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Ind. Code § 3-10-8-1, 3-10-8-7.5
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Sec. 1. A special election shall be held in the following cases: (3) Whenever a vacancy occurs in the office of United States Representative unless the vacancy occurs less than seventy-four (74) days before a general election.
3-10-8-7.5 (a) This section applies to a special election to fill one (1) or more vacancies in the office of United States Representative under 2 U.S.C. 8(b).
(b) A special election conducted under this section shall be governed by other provisions of this title as far as applicable.
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The governor must call a special election following a vacancy in the U.S. House.
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Not specified.
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A special election will not be held if the vacancy occurs within 74 days before a general election.
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Iowa
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Iowa Code § 69.14
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A special election to fill a vacancy shall be held for a representative in Congress, or senator or representative in the general assembly, when the body in which such vacancy exists is in session, or will convene prior to the next general election, and the governor shall order, not later than five days from the date the vacancy exists, a special election, giving not less than 40 days' notice of such election.
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The governor must call for a special election within five days following U.S. House vacancy.
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The special election must be held not less than 40 days following the vacancy. If the House is in session, or if session is within 40 days, the special election can be held with 18 days' notice.
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Not specified.
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Kansas
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Kan. Stat. Ann. § 25-3501, 3503
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Whenever any vacancy shall occur in the office of United States representative to congress from any congressional district of this state, leaving an unexpired term, an election shall be held as provided by article 1, section 2, clause 4 of the United States constitution and in accordance with this act. Not later than five (5) days after any such vacancy occurs, the governor shall proclaim the date of such election in accordance with the provisions of this act. (a) In the event that any vacancy occurs to which this act applies, and such occurrence is not more than 90 days and not less than 30 days before any primary election, the election provided for in this act shall be held on the same date as the primary election.
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The governor must set a date for a special election within 5 days following a U.S. House vacancy.
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The governor sets the date for the special election.
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If the vacancy occurs between 90 and 30 days before any primary election, the special election will be held on that date.
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Kentucky
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Ky. Rev. Stat. § 118.720
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When an election is to be held to fill a vacancy in the office of representative in Congress, a proclamation therefor, in lieu of a writ of election, shall be issued and signed by the governor and shall be directed to the proper sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.
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The governor must issue a proclamation for a special election following a U.S. House vacancy.
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Not specified.
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Not specified.
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Louisiana
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La. Rev. Stat. Ann. § 18:1279
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When a vacancy occurs in the office of representative in congress, the governor shall determine the dates on which the special elections shall be held and the dates of the qualifying period and shall issue a proclamation ordering a special election and specifying the dates on which the primary and general elections will be held and the dates of the qualifying period for the election. Within 24 hours after issuing the proclamation, the governor shall send a copy of the proclamation to the secretary of state, who shall within 24 hours of receipt of the information notify all election officials having any duty to perform in connection with a special election to fill such vacancy, including the parish boards of election supervisors for the parish or parishes in which the vacancy occurred. Immediately thereafter the secretary of state shall publish the proclamation in the official journal of each parish in which the election is to be held. The election shall be conducted in the same manner and at the same places and the returns shall be certified as in regular congressional elections. If at a primary or general election in a congressional district one representative in congress is to be elected for a full term and another to fill a vacancy, the ballots containing the names of the candidates shall, as a part of the title of the office, designate the term for which the candidates are respectively nominated.
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The governor must issue a proclamation for a special election following a U.S. House vacancy.
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The dates for the special election and the qualifying period must be specified in the proclamation.
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Not specified.
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Maine
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Me. Rev. Stat. Ann. tit. 21, § 392
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When there is a vacancy in the office of Representative to Congress, the Governor shall issue a proclamation declaring the vacancy and ordering a special primary election followed by a special election to fill the vacancy as provided in section 366.
1.1 Congress in session. If Congress is in session, the elections must be held as soon as reasonably possible. If Congress is not in session, the elections must be held before the next regular or called session.
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The governor must issue a proclamation to order a special primary and general election following U.S. House vacancy.
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If Congress is in session the elections must be held as soon as possible. If Congress is out of session the elections must be held before the next session.
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Not specified.
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Maryland
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Md. Election Code Ann. § 8-710
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(a)(1) Except as provided in paragraph (2) of this subsection, if there is a vacancy in the office of Representative in Congress, the Governor shall issue a proclamation, within 10 days after the date that the vacancy occurs or becomes known to the governor, declaring that a special primary election and a special general election shall be held to fill the vacancy.
(2) If the vacancy occurs during the period beginning 39 days before the regular primary election and ending on the last day of the term, the governor may:
(i) decline to issue a proclamation; and
(ii) allow the office to remain vacant for the remainder of the term.
Dates of special primary election and special general election
(b)(1) The Governor's proclamation shall specify the dates of the special primary election and the special general election.
(2) The special primary election shall be held on a Tuesday that is at least 80 days after the date of the proclamation.
(3) The special general election shall be held on a Tuesday that is at least 70 days after the date of the special primary election.
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The governor must issue a proclamation or a special primary and general election within 10 days following a U.S. House vacancy.
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The special primary election must be held on a Tuesday at least 80 days after the proclamation. The special general election must be held on a Tuesday at least 70 days after the special primary.
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Not specified.
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Massachusetts
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Mass. Gen. Laws Ann. ch. 54, § 140
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(a) Upon failure to choose a senator or representative in congress or upon creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day appointed in the precepts for the election of such senator or representative. The day so appointed shall not be more than 160 nor less than 145 days after the date that a vacancy is created or a failure to choose occurs. Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective. (b) If a vacancy under this section is created after February 1 of an even-numbered year, the governor shall not issue the precepts required by subsection (a), except as subsection (c) provides for a vacancy for senator. (d) If at the time a senator or representative in congress is elected at the biennial state election, there exists a vacancy in that office, the senator or representative shall also be deemed to have been elected to serve out that vacancy.
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The governor must call for a special election following a U.S. House vacancy.
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The special election must be held between 145 and 160 days following the vacancy.
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If the vacancy occurs after Feb. 1 of an even-numbered year, no special election will be held.
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Michigan
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Mich. Comp. Laws § 168.145, 168.633
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168.145: The office of representative in congress shall become vacant on the happening of any of the following events before the expiration of the term of such office: The death of the incumbent; his resignation; his removal from office; the decision of a competent tribunal declaring void his election; or his refusal or neglect to take his oath of office.
168.633: The governor shall call a special election in any congressional district of the state when the right of office of a person elected representative in congress shall cease before the commencement of the term of service for which he shall have been elected, or whenever a vacancy shall occur in the office of representative in congress after the term of service has begun for which such representative was elected; or the governor shall direct that such vacancy shall be filled at the next general election to be held at least 30 days after such vacancy shall occur.
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The governor must call for a special election following a U.S. House vacancy.
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The governor may call the special election when the vacancy occurs or direct the vacancy to be filled at the next general election occurring at least 30 days after the vacancy.
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Not specified.
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Minnesota
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Minn. Stat. § 204D.29
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Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs 27 weeks or more before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held between 20 and 24 weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary must be held 11 weeks before the special election or on the second Tuesday in August if the general election is held on the first Tuesday after the first Monday in November if any major party has more than one candidate after the time for withdrawal has expired.
(b) The filing period for a special election under this subdivision must end on or before the 131st day before the special election. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing.
Subd. 3. Vacancy more than 22 weeks but fewer than 27 weeks before state primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held on the day of the state primary with a special primary held 11 weeks before the state primary, if any major party has more than one candidate after the time for withdrawal has expired. The regularly scheduled election to fill the next full term shall proceed pursuant to law.
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If a vacancy in the U.S. House occurs 27 or more weeks before a state primary, the governor must issue a writ for a special election within three days of the vacancy.
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The special election must be held between 20 and 24 weeks following the vacancy. A special primary must be held 11 weeks before the special election.
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If a vacancy occurs between 22 and 27 weeks before a state primary, the governor must issue a writ for a special election within three days of the vacancy. The special election must be held on the day of the state primary and the special primary must be held 11 weeks before the state primary.
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Mississippi
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Miss. Code Ann. § 23-15-853
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If a vacancy occurs in the representation in Congress, the vacancy shall be filled for the unexpired term by a special election, to be ordered by the governor, within sixty (60) days after the vacancy occurs, and held at a time fixed by his or her order, and which time shall be not less than sixty (60) days after the issuance of the order of the governor, which shall be directed to the election commissioners of the several counties of the district, who shall, immediately on the receipt of the order, give notice of the election by publishing the same in a newspaper having a general circulation in the county and by posting the notice at the front door of the courthouse. The order shall also be directed to the State Board of Election Commissioners. The election shall be prepared for and conducted, and returns shall be made, in all respects as provided for a special election to fill vacancies.
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The governor must issue a writ for a special election within 60 days following a U.S. House vacancy.
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The special election must be held not less than 60 days following the writ issuance.
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Not specified.
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Missouri
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Mo. Const. Art V, § 11
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The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified.
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The governor must fill U.S. House vacancies by order of special election.
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Not specified.
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Not specified.
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Montana
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Mont. Code Ann. § 13-25-203
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(1) If a vacancy occurs in the office of United States representative, the governor shall immediately order an election to be held to fill the vacancy, except as provided in subsection (3).
(2) The election to fill the unexpired term must be held no less than 85 and no more than 100 days from the date on which the vacancy occurs, except that if the vacancy occurs:
(a) between 85 days and 150 days before a municipal general election, the election must be held with the municipal general election;
(b) between January 1 in an even-numbered year and 85 days before a federal primary election, the election must be held with the federal primary election;
(c) less than 85 days before a federal primary election, the election must be held with the federal general election;
(d) between the federal primary election and 85 days before a federal general election, the election must be held with the federal general election;
(e) less than 85 days before a municipal general election or federal general election, the election must be held no less than 85 days and no more than 100 days after the date of the general election.
(3) If a vacancy in the office of United States representative occurs between the federal primary and the federal general election in even-numbered years, the candidate elected to the office for the succeeding full term shall immediately take office to fill the unexpired term.
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The governor must immediately order a special election following a U.S. House vacancy.
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The special election must be held between 85 and 100 days following the vacancy.
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If the vacancy occurs between 85 and 150 days before a municipal general election, the special election must be held during the municipal general election.
If the vacancy occurs between Jan. 1 and 85 days before a federal primary in an even-numbered year, the special election must be held during the federal primary election.
If a vacancy occurs less than 85 days before a federal primary election, the special election must be held during the federal general election.
If a vacancy occurs between the federal primary and 85 days before the federal election, the special election must be held during the federal general election.
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Nebraska
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Neb. Rev. Stat. § 32-564
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(a) If a vacancy occurs in the office of Representative in Congress on or after Aug. 1 in an even-numbered year and prior to the statewide general election in such year, the governor shall order a special election to be held in conjunction with such statewide general election. The only candidates who may appear on the ballot for such office at such special election are those who were nominated at the statewide primary election in such year, those who comply with section 32-616, and those who comply with section 32-627 to fill a vacancy on the ballot if such a vacancy exists. The candidate receiving the most votes at such special election shall serve for the remainder of the vacated term and for the succeeding term of office;
(b) If a vacancy occurs in the office of Representative in Congress on or after the day of the statewide general election and prior to the end of the term of the office which is vacated, no special election shall be called; and
(c) If a vacancy occurs in such office at any time other than as described in subdivision (a) or (b) of this subsection, the Governor shall order a special election to be held within ninety days after the vacancy occurs. Each political party which polled at least 5% of the entire vote in the district in which the vacancy occurs may select a candidate following the applicable procedures in subsection (2) of section 32-627, except that the certificate and filing fee shall be submitted at least 65 days prior to the day of the election. Any candidate so selected shall have his or her name placed on the ballot with the appropriate political party designation. Any other person may have his or her name placed on the ballot without a political party designation by filing petitions pursuant to sections 32-617 and 32-618 and paying the filing fee as provided by section 32-608, except that the deadline for filing the petitions and paying the fee shall be 65 days prior to the day of the election. The candidate receiving the most votes at such special election shall serve for the remainder of the vacated term.
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The governor must call for a special election following a U.S. House vacancy.
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The special election must be held within 90 days following the vacancy.
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If a vacancy occurs on or after Aug. 1 in an even-numbered year, the special election must be held with the statewide general election.
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Nevada
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Nev. Rev. Stat. § 304.230
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1. In the event of a vacancy in the office of Representative in Congress, the Governor shall, within 7 days after the event giving rise to the vacancy, issue an election proclamation calling for:
(a) A special primary election to be held for selecting the nominee of each major political party for the office of Representative in Congress; and
(b) A special general election to fill the vacancy in the office of Representative in Congress.
2. The governor shall specify the dates of the special primary election and the special general election in the proclamation. The special primary election must be held not less than 60 days before the date of the special general election.
3. A special primary election and a special general election must be conducted:
(a) As soon as practicable after the issuance of the proclamation but with sufficient time to comply with the provisions of chapter 293D of NRS and the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;
(b) On a Tuesday; and
(c) Not more than 180 days after the issuance of the proclamation.
4. A special primary election or special general election required pursuant to subsection 1 may be consolidated with a statewide election or local election scheduled to be conducted within 90 days after the issuance of the proclamation. The special primary election or special general election may be consolidated with a local election occurring wholly or partially within the same territory in which the vacancy exists only if the voters eligible to vote in the local election comprise at least 50% of all voters eligible to vote on the vacancy. If a special primary election or a special general election is not consolidated with a statewide election or local election, the cost of the special primary election or special general election is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval of the State Board of Examiners.
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The governor must issue an election proclamation for a special election within 7 days following a U.S. House vacancy.
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The special primary must be held no less than 60 days before the special general. The special general election must be held within 180 days of the proclamation.
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A special primary election or special general election may be consolidated with a statewide election or local election scheduled to be conducted within 90 days after the issuance of the proclamation.
The special primary election or special general election may be consolidated with a local election occurring wholly or partially within the same territory in which the vacancy exists only if the voters eligible to vote in the local election comprise at least 50 percent of all voters eligible to vote on the vacancy.
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New Hampshire
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N.H. Rev. Stat. Ann. § 661:6
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If a vacancy occurs in the office of United States representative, the governor with advice of council shall, as soon as practicable, have precepts issued to the selectmen of the towns and cities in the district where the vacancy exists directing them to call a special state general election on the day he designates to fill the vacancy. Such election shall be conducted as provided in RSA 661:11 and shall fill the vacancy for the unexpired term
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The governor must designate a day for a special state general election following a U.S. House vacancy.
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The governor designates a day for the special election.
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Not specified.
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New Jersey
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N.J. Rev. Stat. § 19:3-27
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When a vacancy shall happen in the representation of this state in the United States house of representatives, it shall be the duty of the governor to issue a writ of election to fill such vacancy, unless the term of service for which the person whose office shall become vacant will expire within six months next after the happening of the vacancy.
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The governor must issue a writ of election to call for a special election following a U.S. House vacancy.
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Timing not specified.
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The vacancy will not be filled if it occurs withing six months of the term expiring.
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New Mexico
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N.M. Stat. Ann. § 1-15-18.1
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A. Within 10 days after a vacancy occurs in the office of United States representative, the secretary of state shall, by proclamation, call an election to be held not less than 77 nor more than 91 days after the date of the vacancy for the purpose of filling the vacancy, except as provided in Subsections H and I of this section.
B. The proclamation shall forthwith be filed by the secretary of state in the office of the secretary of state.
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The secretary of state must issue a proclamation for a special election within 10 days following a U.S. House vacancy.
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The special election must be held between 71 and 91 days following the vacancy.
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Not specified.
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New York
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N.Y. Public Officers Law § 42
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1. A vacancy occurring three months before the general election in any year in any office authorized to be filled at a general election, except in the offices of governor or lieutenant-governor, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election.
2. A vacancy occurring by the expiration of term at the end of an even numbered year in an office which may not under the provisions of the constitution be filled for a full term at the general election held prior to the expiration of such term, shall be filled at said general election for a term ending with the commencement of the political year next succeeding the first general election at which said office can be filled by election for a full term.
3. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his or her official term, or upon the occurrence of a vacancy in any elective office which cannot be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor shall, unless otherwise provided for by authorized local law, resolution or ordinance, make proclamation of a special election to fill such office within ten days of the occurrence of a vacancy, specifying the district or county in which the election is to be held, and the day thereof, which shall be: a. not less than 70 nor more than 80 days from the date of the proclamation to fill a vacancy in the office of a representative in congress or for a vacancy in any other office that is not in the state senate or assembly; and b. not less than 40 days nor more than 50 days from the date of the proclamation to fill a vacancy in the state senate or assembly, provided, however, that the governor may issue a proclamation to fill any subsequent vacancy in the state senate or assembly for the same date as any previously scheduled special election as long as the proclamation is issued at least 30 days before the occurrence of the special election.
4. a. A special election shall not be held to fill a vacancy in the office of a representative in congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after three months before the general election in such year.
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The governor must issue a proclamation for a special election within 10 days following a U.S. House vacancy.
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The special election must be held between 40 and 50 days following the proclamation.
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If a vacancy occurs on or before July 1 of the last year of the term for the office, the vacancy will not be filled.
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North Carolina
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N.C. Gen. Stat. § 163-13
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(a) Special Election.--If at any time after expiration of any Congress and before another election, or if at any time after an election, there shall be a vacancy in this State's representation in the House of Representatives of the United States Congress, the governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate congressional district.
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Following a vacancy in the U.S. House, the governor must issue a writ of election and set the date for a special election by proclamation.
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The governor chooses the date for the special election.
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Not specified.
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North Dakota
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N.D. Cent. Code § 16.1-13-08.1
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Catastrophic Event only: If a vacancy occurs in the office of representative in Congress due to a catastrophic circumstance in which 100 or more representatives across the United States are no longer able to serve and the next regular or special election is more than seventy-five days in the future, the governor shall immediately issue a writ of election calling a special election to fill the vacancy. The date of the election shall be 49 days from the date of the proclamation and the following deadlines shall apply
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Not specified for traditional U.S. House vacancies.
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Not specified for traditional U.S. House vacancies.
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Not specified for traditional U.S. House vacancies.
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Ohio
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Ohio Rev. Code Ann. § 3521.03
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When a vacancy in the office of representative to congress occurs, the governor, upon satisfactory information thereof, shall issue a writ of election directing that a special election be held to fill such vacancy in the territory entitled to fill it on a day specified in the writ. Such writ shall be directed to the board of elections within such territory which shall give notice of the time and places of holding such election as provided in section 3501.03 of the Revised Code. Such election shall be held and conducted and returns thereof made as in case of a regular state election. The state shall pay all costs of any special election held under this section.
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The governor must issue a writ for a special election following a U.S. House vacancy.
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The writ must specify the date for the special election.
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Not specified.
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Oklahoma
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Okla. Stat. tit. 26, § 12-101
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A. Except as otherwise provided by law, whenever a vacancy shall occur in the office of a member of the United States House of Representatives from Oklahoma, such vacancy shall be filled at a Special Election to be called by the governor, who shall issue a Writ of Election within thirty (30) days after such vacancy occurs.
B. If the vacancy occurs in the office of a member of the United States House of Representatives in an even-numbered year, the Regular Primary Election, Runoff Primary Election or General Election for that office shall be deemed to also serve as a Special Election to fill the unexpired term as designated by the Governor. Within thirty (30) days after such vacancy occurs, the Governor shall issue a Writ of Election declaring the same, and the candidate elected at the Regular Election shall be deemed to have also been elected at a Special Election to fill the unexpired term.
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The governor must call issue a writ of elections within 30 days following a U.S. House vacancy.
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The writ must specify the date for the special election.
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If the vacancy occurs in an even-numbered year, the regular primary, runoff or general election may serve as the special election to fill the unexpired term.
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Oregon
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Or. Rev. Stat. § 188.120
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(1) If a vacancy in election or office of Representative in Congress or United States Senator occurs before the 61st day before the general election, the governor shall call a special election to fill that vacancy. If a vacancy in election or office of United States Senator occurs after the 62nd day before the general election but on or before the general election, and if the term of that office is not regularly filled at that election, the governor shall call a special election to fill the vacancy as soon as practicable after the general election.
(2) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called before the 80th day after the vacancy occurs, each major political party shall select its nominee for the office and certify the name of the nominee to the secretary of state. The secretary of state shall place the name of the nominee on the ballot.
(3) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called after the 79th day after the vacancy occurs, a special primary election shall be conducted by the Secretary of State for the purpose of nominating a candidate of each major political party. A declaration of candidacy or nominating petition may be filed not later than the 10th day following the issuance of the writ of election.
Credits
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The governor must call a special election to fill a U.S. House vacancy.
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If a vacancy in the U.S. House occurs more than 61 days before a general election, the governor must call a special election to fill the vacancy.
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If a vacancy occurs within 62 days of a general election and the office is not regularly filled at that election, the governor must call a special election to fill the vacancy after the general election.
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Pennsylvania
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Pa. Stat. tit. 25, § 2777
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Whenever a vacancy shall occur or exist in the office of Representative in Congress from this State during a session of Congress, or whenever such vacancy shall occur or exist at a time when the members of Congress shall be required to meet at any time previous to the next general election, the Governor shall issue, within ten days after the happening of said vacancy, or after the calling of an extraordinary session of Congress during the existence of said vacancy, a writ of election to the proper county board or boards of election and to the Secretary of the Commonwealth, for a special election to fill said vacancy, which election shall be held on a date named in said writ, which shall not be less than sixty (60) days after the issuance of said writ. In all other cases no such special election to fill said vacancy shall be held. The governor may fix, in such writ of election, the date of the next ensuing primary or municipal election as the date for holding any such special election.
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The governor must issue a writ of election for a special election within 10 days following a U.S. House vacancy
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The special election must be held within 60 days following the issuance of the writ.
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The governor may choose the date of an ensuing primary or municipal election to hold the special election.
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Rhode Island
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R.I. Gen. Laws § 17-4-8
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Whenever any person elected a representative in congress from either district, at any time between the day of his or her election and the beginning of his or her term of office, refuses to serve and so declares to the secretary of state, or dies, becomes insane, removes from the state, or is otherwise incapacitated, or whenever a vacancy happens in the representation of this state in congress as contemplated in the second section of the first article of the Constitution of the United States, the governor shall immediately issue his or her writ of election directed to the several city and town clerks, or local boards as the case may be, ordering a new election of the representative in congress to be held in that district to fill the vacancy, at as early a date, to be stated in the writ, as will be in compliance with the provisions of law in relation to these elections, but no election provided for by this section shall be held on any day other than the first Tuesday next after the first Monday of any month; provided, that whenever a vacancy occurs between the first day of April and the first day of October in any even-numbered year, the governor shall, unless in his or her opinion the public good requires an earlier special election, issue his or her writ for a special election to fill the vacancy to be held with the general election on the Tuesday next after the first Monday in November of that year.
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The governor must immediately issue a writ of election to fill a U.S. House vacancy.
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The election must be held on the first Tuesday after the first Monday of any month.
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If the vacancy occurs between April and October in an even-numbered year, the special election may be held with the next general election.
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South Carolina
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General vacancy statute S.C. Code Ann. § 7-13-190
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(A) Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.
(B)(1) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close eight days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, 60 days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon 45 days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
(2) 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 special election must be on the 20th Tuesday after the vacancy occurs. If the 20th Tuesday after the vacancy occurs is no more than 60 days prior to the general election, the special election must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, the election must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day.
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If a vacancy in the U.S. House occurs, political party candidate nomination filing to fill the vacancy will open on the third Friday after the vacancy occurs.
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If seeking nomination by petition, the petitions must be submitted 60 days before the special election. A special primary must be held on the eleventh Tuesday after the vacancy and the special election must take place on the twentieth Tuesday following the vacancy.
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If the twentieth Tuesday falls within 60 days of a general election, the special election will be held at the same time as the general election.
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South Dakota
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S.D. Codified Laws Ann. § 12-11-1
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If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the governor within 10 days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than 80 nor more than 90 days after the vacancy occurs.
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The governor must issue a proclamation for a special election within 10 days following a U.S. House vacancy.
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The special election must be held between 80 and 90 days following the vacancy.
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If there is a scheduled primary or general election to be held within six months, the election to fill the vacancy will be held in conjunction with that election.
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Tennessee
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Tenn. Code Ann. § 2-16-101
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If a vacancy occurs in the office of representative in congress, within ten (10) days of such vacancy occurring the governor shall, by writs of election, order a special election to fill the vacancy. The governor shall, by writs of election, set a date not less than fifty-five (55) nor more than sixty (60) days from the date of the writs for primary elections for nominations by statewide political parties to fill the vacancy and shall, by the same writs of election, set a date of not less than one hundred (100) nor more than one hundred seven (107) days from the date of the writs for a general election to fill the vacancy. Candidates for the primary elections and independent candidates for the general election shall qualify as required in regular elections but shall file qualifying petitions before twelve o'clock (12:00) noon, prevailing time, on the sixth Thursday before the day of the primary elections. Except where this subsection (b) makes different provisions, chapter 14 of this title shall govern elections required by this subsection (b). The state primary boards shall perform their duties under chapter 8 of this title with respect to primaries held under this subsection (b) as quickly as practicable and shall certify the nominees of their parties to the county election commissions no later than twelve o'clock (12:00) noon, prevailing time, on the thirty-fifth day before the day of the general election.
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The special election must be held between 80 and 90 days following a U.S. House vacancy.
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The special election primary must be held between 55 and 60 days following the writ.
The general primary election must be held between 100 and 107 days from the writ.
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Not specified
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Texas
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Tex. Election Code Ann. § 3.003, 204.021, 201.051
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An unexpired term in the office of United States representative may be filled only by a special election in the same manner as provided by Chapter 203 for the legislature, except that Section 203.013 does not apply. (a) If a vacancy in office is to be filled by special election, the election shall be ordered as soon as practicable after the vacancy occurs, subject to Subsection (b).
(b) 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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A vacancy in the U.S. House may be filled by special election called by the governor in the same manner as a special election for the legislature (Chapter 203, except section 203.013).
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A special election will be held as soon as possible after the vacancy occurs.
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For a special election to be held on the date of a general election, the special election must be ordered no later than the 78th day before Election Day.
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Utah
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Utah Code Ann. § 20A-1-502.5
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Except as provided in Subsections (2) and (4), when a vacancy occurs in the office of United States representative, the governor shall, within seven days after the day on which the vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy that:
(a) sets a date for a primary congressional special election, and a later date for a general congressional special election, on the same day as one of the following elections:
(i) a municipal general election;
(ii) a presidential primary election;
(iii) a regular primary election; or
(iv) a regular general election;
(b) sets the date of the primary congressional special election on the same day as the next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the day on which the governor issues the proclamation;
(c) sets the date of the general special congressional election on the same day as the next election described in Subsection (1)(a) that is more than 90 days after the primary special congressional election described in Subsection (1)(b);
(d) provides each registered political party that is not a qualified political party at least 21 days, but no more than 28 days, to select one candidate, in a manner determined by the registered political party, as a candidate for the registered political party;
(e) for each qualified political party, provides at least 21 days, but no more than 28 days:
i) for the qualified political party to select one candidate, using the convention process described in Section 20A-9-407, as a candidate for the qualified political party; and
(ii) for a member of the qualified political party to submit signatures to qualify as a candidate for the qualified political party using the signature-gathering process described in Section 20A-9-408;
(f) consistent with the requirements of this section, establishes the deadlines, time frames, and procedures for filing a declaration of candidacy, giving notice of an election, and other election requirements; and
(g) requires an election officer to comply with the requirements of Chapter 16, Uniform Military and Overseas Voters Act.
(2) The governor may set a date for a primary special congressional election or a general special congressional election on a date other than a date described in Subsection (1)(a) if:
(a) on the same day on which the governor issues the proclamation described in Subsection (1) the governor calls a special session for the Legislature to appropriate money to hold the election on a different day; or
(b) if the governor issues the proclamation described in Subsection (1) on or after Jan. 1, but before the end of the general session of the Legislature, and requests in the proclamation described in Subsection (1) that the Legislature appropriate money to hold the election on a different day.
(3) If the Legislature does not, under Subsection (2), appropriate money to hold the election on a different day, the proclamation described in Subsection (1) is void and the governor shall, within seven days after the day on which the Legislature declines to appropriate money to hold the election on a different day, issue a proclamation, in accordance with Subsection (1), that sets the special congressional primary and general elections on dates described in Subsections (1)(a)(i) through (iv).
(4) A special congressional election to fill a vacancy in the office of United States representative will not be held if the vacancy occurs fewer than 180 days before the next regular general election.
(5) An individual who fills a vacancy under this section shall serve until the end of the current term in which the vacancy occurs.
(6) A vacancy in the office of United States representative does not occur unless the representative:
(a) has left the office; or
(b) submits an irrevocable letter of resignation to the governor or to the speaker of the United States House of Representatives.
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The governor must issue a proclamation for a special election within 7 days following a U.S. House vacancy.
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The special primary and general elections must be held on the same date as a municipal general election, presidential primary election, regular primary election, or regular general election. The special primary must occur on one of the above dates that is more than 90 days after the proclamation is issued. The special general election must be held on the above dates 90 days after the special primary.
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A special congressional election to fill a vacancy will not be held if the vacancy occurs within 180 days of a regular general election.
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Vermont
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Vt. Stat. Ann. tit. 17, § 2621
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(a) If a vacancy occurs in the office of U.S. Senator or U.S. Representative, the Governor shall call a special election to fill the vacancy. His or her proclamation shall specify a day for the special election and a day for a special primary, pursuant to section 2352 of this title.
(b) The special election shall be held not more than six months from the date the vacancy occurs, except that if the vacancy occurs within six months of a general election, the special election may be held the same day as the general election provided the ballots for the special election are able to be distributed by the deadline set forth in section 2479 of this title.
Credits
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The governor must issue a proclamation for a special election following a U.S. House vacancy.
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The special election must be held within six months of the vacancy.
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If the vacancy occurs within six months of the general election, the special election can be held at the same time as the general election.
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Virginia
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Va. Code § 24.2-209
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When any vacancy occurs in the representation of the Commonwealth of Virginia in the House of Representatives, or when a representative-elect dies or resigns, the governor shall issue a writ of election to fill the vacancy. Upon receipt of written notification by a representative or representative-elect of his resignation as of a stated date, the Governor may immediately issue a writ to call the election. The representative’s or representative-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the 45th day before the date set for the special election.
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The governor must immediately issue a writ for a special election following a U.S. House vacancy.
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The special election must be held within 60 days following the vacancy.
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Not specified.
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Washington
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Wash. Rev. Code § 29A.28.041
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(1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy.
(2) Within 10 days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the primary at least seventy days after issuance of the writ, and fixing a date for the election at least 70 days after the date of the primary. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
(3) If the vacancy occurs less than eight months before a general election and before the close of the filing period for that general election, the special primary and special vacancy election must be held in concert with the state primary and general election in that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the close of the filing period, a special filing period of three normal business days shall be fixed and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period.
(5) If the vacancy occurs later than the close of the filing period, a special primary and vacancy election to fill the position shall be held after the next general election but, in any event, no later than the 90th day following the general election.
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The governor must issue a writ of election within 100 days following U.S. House vacancy.
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The special primary must be held at least 70 days after the writ and the special election must be held 70 days after the special primary.
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If the vacancy occurs less than eight months before a general election and before the close of the filing period, the special primary and special election must be held with the state primary and general elections. If the vacancy occurs after the filing period, the special primary and special election will be held no later than 90 days after the general election.
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West Virginia
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W. Va. Code § 3-10-4
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(a)(1) If there is a vacancy in the representation from this state in the House of Representatives in the Congress of the United States, the Governor shall, within five days after the fact comes to his or her knowledge, issue a proclamation setting dates for a special general election that is not less than 84 nor more than 120 days from the date of the vacancy and requiring nomination of candidates as provided in § 3-10-4(a)(2) of this code: Provided, That no such proclamation may be made nor may a special election be held if the vacancy occurs after the 84th day prior to the regularly scheduled general election for a new full term of the office. The election shall follow the requirements of § 3-10-1 of this code that are not in conflict with this section.
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The governor must issue a proclamation for a special election within five days following a U.S. House vacancy.
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The special election must be held between 84 and 120 days following the vacancy.
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A special election will not be held if the vacancy occurs within 84 days of a general election for a new term of the office.
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Wisconsin
|
Wis. Stat. § 8.50
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Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor, and district attorney, judicial and legislative state offices, county, city, village, and town offices, and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4)(e). 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, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the partisan primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.
(b) A vacancy in the office of U.S. senator or representative in congress occurring prior to the 2nd Tuesday in April in the year of the general election shall be filled at a special primary and election. A vacancy in that office occurring between the 2nd Tuesday in April and the 2nd Tuesday in May in the year of the general election shall be filled at the partisan primary and general election.
(h) Whenever the right to office of any person who is elected to the legislature or the U.S. senate or house of representatives ceases before the commencement of the term of office to which he or she is elected, a special election shall be held to fill the vacancy.
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The governor must call a special election following a U.S. House vacancy.
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The special election must be held within 62 and 77 days following the order of election.
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A special election may not be held after Feb. 1 preceding a spring election or after Aug. 1 preceding a general election. In those instances, special elections must be held on the same day as the spring and general elections. If a U.S. House vacancy occurs before the second Tuesday in April, the vacancy must be filled by special election. If the vacancy occurs between the second Tuesday in April and the second Tuesday in May of a general election year, then the vacancy must be filled at the partisan primary and general elections.
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Wyoming
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Wyo. Stat. § 22-18-103, 22-18-304, 22-18-105
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A vacancy in the office of representative in congress shall be filled for the unexpired term at a special election called for the purpose by the governor, provided the vacancy does not occur within six (6) months of the next general election. The governor shall call such special election by issuing a writ of election to the county clerk of each county voting for the office and to the secretary of state. The writ shall specify the day of the election. If the vacancy in the office of representative in congress occurs within six (6) months prior to the next general election, the vacancy shall be filled at the general election. Otherwise the special election shall occur on the Tuesday following the eighty-ninth day after the vacancy occurs, unless that Tuesday falls on a full legal holiday in which case the election shall occur on the next Tuesday which is not a full legal holiday. The governor shall declare the vacancy and issue the writ of election within five (5) days after the vacancy occurs.
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The governor must issue a writ for a special election within 5 days following a U.S. House vacancy.
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The special election must be held on the Tuesday following the eighty-ninth day after the vacancy occurs.
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If the vacancy occurs within six months of a general election, the vacancy must be filled at that election.
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