13-1-403. Election deadlines for candidate filing, write-in candidacy, and withdrawal -- election cancellation -- election by acclamation.

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13-1-403 . Election deadlines for candidate filing, write-in candidacy, and withdrawal -- election cancellation -- election by acclamation.

(1)Consistent with the candidate filing deadline in 13-10-201

(7)for primary elections and except as provided in subsection

(2)for a write-in candidate, the candidate filing deadline for election to a local government office is no sooner than 105 days and no later than 90 days before the election.

(a)A declaration of intent to be a write-in candidate must be filed with the election administrator by 5 p.m. on the 90th day before the date of the election.

(b)An unsuccessful candidate for office at a primary election may not seek nomination by write-in vote or petition for the same office at the general election.

(3)Consistent with the withdrawal deadline in 13-10-325 for primary elections, a candidate may not withdraw after the candidate filing deadline provided in subsection (1).

(4)Except as provided in subsection (5)(b) and unless otherwise specifically provided by law, if the number of candidates filing for election is equal to or less than the number of positions to be filled, the election administrator shall notify the governing body of the local government in writing that the election is not necessary and the governing body may by resolution cancel the election.

(a)If an election has been canceled and there is only one candidate for a position, the governing body of the local government shall declare the candidate elected to the position by acclamation.

(b)If an election has been canceled and there are no regular or declared write-in candidates for a position, the governing body of the local government shall fill the position by appointment. The term of an appointed member must be the same as if the member were elected.