§392. Representatives to Congress
200 words·~1 min read·
/me/title-21-a-elections/chapter-5-nominations/392·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 . [PL 1985, c. 161, §6 (NEW).]
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.
[PL 1985, c. 161, §6 (NEW).]
2. Extraordinary circumstances. If the Speaker of the United States House of Representatives announces under 2 United States Code, Section 8 that vacancies in the representation from the States in the House exceed 100, the Governor's proclamation under this section may not provide for a primary election but must instead provide for the nomination of candidates by political committee under sections 363 and 365 , by petition under subchapter 2 and by declared write-in under section 722 . The proclamation must establish deadlines as may be necessary to hold the special election within the time required by 2 United States Code, Section 8.
[PL 2025, c. 397, §28 (NEW).]