168.198 Withdrawal of candidate after nomination for office; replacement of candidate dying before election; vacancy.

321 words·~1 min read·/mi/chapter-168/168-198

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Sec. 198.

(1)If a candidate of a political party files a nominating petition or filing fee for a county office and has been nominated for the office by a political party, the candidate is not permitted to withdraw unless he or she has moved from the county or has become physically unfit.

(2)If a candidate of a political party files a nominating petition or filing fee for the office of county commissioner and has been nominated for that office by a political party, the candidate is not permitted to withdraw unless he or she has moved from the county or from the district from which he or she was nominated or has become physically unfit.

(3)If the person who has been nominated as the candidate of a political party for a county office or the office of county commissioner dies before the date of the election for that office, the county executive committee of the party whose candidate has died shall select, by majority vote, a replacement for that person. The name of the replacement selected shall be transmitted to the election officials responsible for the preparation and distribution of ballots, and the name of the replacement shall be affixed to each ballot in place of the name of the original candidate.

(4)A vacancy shall not be filled by a county executive committee except as provided in this section.

(5)This prohibition shall not be construed to prohibit the withdrawal of a candidate who was nominated without having filed a nominating petition or filing fee and whose name has been written or placed on the ballot of a political party.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1974, Act 273, Imd. Eff. Oct. 2, 1974 ;-- Am. 2012, Act 276 , Eff. Aug. 16, 2012

Popular Name: Election Code