As Amended
SEC. 23-15-191. Primary elections.
[Until December 31, 1991, this section shall read as follows:] The first primary shall be held on the third Tuesday in September preceding any regular or general election; and the second primary shall be held three (3) weeks thereafter. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby become the nominee of the party for such office; provided also it be a majority of all the votes cast for that office. If no candidate receive such majority of popular votes in the first primary, then the two (2) candidates who receive the highest popular vote for such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be nominated to the office. When there is a tie in the first primary of those receiving next highest vote, these two (2) and the one (1) receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination.
[From and after January 1, 1992, this section shall read as follows:] The first primary shall be held on the first Tuesday after the first Monday of August preceding any regular or general election; and the second primary shall be held three (3) weeks thereafter. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby become the nominee of the party for such office; provided also it be a majority of all the votes cast for that office. If no candidate receive such majority of popular votes in the first primary, then the two (2) candidates who receive the highest popular vote for such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be nominated to the office. When there is a tie in the first primary of those receiving next highest vote, these two (2) and the one (1) receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination.
SOURCES: Derived from 1942 Code Sec. 3109 [Codes, 1906, Sec. 3700; Hemingway's 1917, Sec. 6391; 1930, Sec. 5868; Laws, 1914, ch. 149; 1982, ch. 477, Sec. 1; Repealed, Laws, 1970, ch. 506, Sec. 33; Repealed by Laws, 1970, ch. 506, Sec. 33, and 1986, ch. 495, Sec. 346]; En, Laws, 1986, ch. 495, Sec. 50; 1989, ch. 506, Sec. 1, eff from and after June 28, 1989 (the date on which the United States Attorney General interposed no objections to the amendment).