2013 Arizona Revised Statutes
Title 16 - Elections and Electors
§ 16-222 Vacancy in the office of United States senator or representative


AZ Rev Stat § 16-222 (through 1st Reg Sess 51st Leg. 2013) What's This?

16-222. Vacancy in the office of United States senator or representative

A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause, the vacancy shall be filled at the next general election. At such election the person elected shall fill the unexpired term of the vacated office.

B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months from the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply:

1. The special primary election shall be held no less than eighty nor more than ninety days after the occurrence of the vacancy, and the special general election shall be held not less than fifty nor more than sixty days after the special primary election.

2. Nomination papers and nomination petitions shall be filed no later than thirty days after the date of the proclamation calling the election.

3. Any court action challenging the nomination of a candidate shall be filed no later than 5:00 p.m. on the fifth business day after the last day for filing nomination papers and petitions.

4. The superior court shall hear and render a decision within five days after the filing of the action.

5. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.

C. For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and shall serve until the person elected at the next general election is qualified and assumes office. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.

D. For a vacancy in the office of representative in Congress that occurs simultaneously with at least one hundred additional vacancies in the office of representative in Congress as prescribed by 2 United States Code section 8, a special general election to fill the vacancy in this state shall be held no more than forty-nine days after the declaration of the vacancy unless a regularly scheduled general election or previously scheduled special general election is held within seventy-five days after the declaration of the vacancy.

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