TITLE 34

ELECTIONS

CHAPTER 7

NOMINATIONS — CONVENTIONS — PRIMARY ELECTIONS

34-715.  Filling of vacancies occurring before or after primary election. (1) Vacancies that occur after 5:00 p.m. on the eighth Friday before a primary election, or after the primary election but before 5:00 p.m. on the eighth Friday before the general election in the slate of candidates of any political party because of the death or disqualification for any reason of a candidate, except candidates for precinct committeeman, shall be filled in the following manner if there is only one (1) candidate declared from the political party for that particular office:

(a)  By the county central committee if it is a vacancy by a candidate for a county office.

(b)  By the legislative district central committee if it is a vacancy by a candidate for the state legislature.

(c)  By the state central committee if it is a vacancy by a candidate for a federal or a state office.

(d)  If the party candidate for a particular office dies or is disqualified after 5:00 p.m. on the eighth Friday before the general election, such candidate’s name shall remain on the ballot. If the deceased or disqualified candidate wins the general election, the resulting vacancy shall be filled pursuant to chapter 9, title 59, Idaho Code.

(2)  The county and legislative district central committee shall fill the vacancy within fifteen (15) days from the date the vacancy occurred. The state central committee shall fill the vacancy within thirty (30) days from the date the vacancy occurred, but no later than 5:00 p.m. on the eighth Friday before the general election.

(3)  Any political party candidate so appointed by the proper central committee must, in order to have his name on the general ballot, file a declaration of candidacy and pay the required filing fee no later than 5:00 p.m. on the eighth Friday before the general election.

(4)  Vacancies that occur in a slate of candidates for precinct committeeman after 5:00 p.m. on the eighth Friday before the primary election shall not be filled.

History:

[34-715, added 1970, ch. 140, sec. 119, p. 351; am. 1972, ch. 346, sec. 4, p. 1015; am. 1976, ch. 60, sec. 11, p. 207; am. 1977, ch. 21, sec. 1, p. 43; am. 1983, ch. 213, sec. 7, p. 592; am. 1996, ch. 28, sec. 27, p. 77; am. 1999, ch. 222, sec. 2, p. 589; am. 2025, ch. 113, sec. 15, p. 607.]