§26-3-101. Elections to be on Tuesdays - Scheduling of special

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

elections - State holidays - Filing of resolution.

A. No election required to be conducted by any county election board shall be scheduled for a day other than Tuesday.

B. Except as otherwise provided by law, no regular or special election for any purpose shall be held by any county, school district, technology center school district, municipality, fire protection district, or other political subdivision authorized to call elections except as follows:

1. The second Tuesday of February in any year;

2. The first Tuesday of April in any year;

3. The third Tuesday of June in any year;

4. The fourth Tuesday of August in any year;

5. The first Tuesday after the first Monday of November in any year; and

6. The second Tuesday of December, beginning in December of 2025, and every four

(4)years thereafter.

C. In the event that a regular or special election date occurs on an official state holiday, the election shall be scheduled for the next following Tuesday. In the event that any day of a candidate filing period occurs on a Saturday, Sunday, or any

official state holiday, that day of the filing period shall be scheduled for the next business day.

D. For a special election called by the Governor as authorized by law, the Governor shall be limited to the dates stated in subsection B of this section. Provided, however, if a vacancy has occurred in the office of a United States Representative, State Senator, or State Representative, or in the event of a declared national or state emergency that requires a special election, the Governor may also call a special election as authorized by law on the following dates:

1. The second Tuesday of January in any year;

2. The first Tuesday of March in any year;

3. The first Tuesday of May in an odd-numbered year;

4. The second Tuesday of July in an odd-numbered year;

5. The second Tuesday of September in an odd-numbered year;

6. The first Tuesday of October in an odd-numbered year; and

7. The second Tuesday of December in any year.

E. Notwithstanding any other provision of law or any provision of a municipal charter, any municipality, school district, technology center district, county, rural fire protection district, or any other entity seeking to hold a regular or special election to be conducted by a county election board on the same date as a regular or special federal or state election, shall file the resolution calling for the election with the county election board secretary no later than seventy-five

(75)days prior to the election date. A candidate filing period of three

(3)days, if so required by the resolution, shall begin no later than ten

(10)days following the deadline to file the resolution with the secretary of the county election board; provided, the filing period for such municipal office may be scheduled on the same dates as the filing period for state or federal office to be filled at such election.

F. Any school district, technology center district, municipality, including any municipality governed by charter, rural fire protection district, or any other entity seeking to hold a special election for the purpose of filling a vacancy shall schedule a candidate filing period of three

(3)days to begin not more than twenty

(20)days following the date the resolution calling the election is required to be filed with the secretary of the county election board.

G. The provisions of this section shall apply to elections held after January 1, 2026. Added by Laws 1974, c. 153, § 3-101, operative Jan. 1, 1975. Amended by Laws 1991, c. 129, § 1, eff. April 1, 1992; Laws 1992, c. 247, § 3, emerg. eff. May 21, 1992; Laws 1997, c. 176, § 3, eff. Nov. 1, 1997; Laws 2001, c. 33, § 23, eff. July 1, 2001; Laws 2003, c. 485, § 5; Laws 2005, c. 224, § 1, eff. July 1, 2005; Laws 2011, c. 196, § 4, eff. Nov. 1, 2011; Laws 2012, c. 31, § 2, emerg. eff.

April 9, 2012; Laws 2013, c. 15, § 20, emerg. eff. April 8, 2013; Laws 2015, c. 380, § 1, eff. Jan. 1, 2016; Laws 2016, c. 210, § 11, emerg. eff. April 26, 2016; Laws 2018, c. 110, § 1, eff. Nov. 1, 2018; Laws 2021, c. 416, § 2, emerg. eff. May 5, 2021; Laws 2023, c. 329, § 2, emerg. eff. June 6, 2023; Laws 2025, c. 283, § 1, eff. Nov. 1, 2025. NOTE: Laws 2012, c. 152, § 1 repealed by Laws 2013, c. 15, § 21, emerg. eff. April 8, 2013. Laws 2015, c. 219, § 3 repealed by Laws 2016, c. 210, § 12, emerg. eff. April 26, 2016.