As Amended
SEC. 23-15-833. Special elections to fill vacancies in county, county district, and district attorney offices.
Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in such election, then a runoff election shall be held two (2) weeks after such election and the two (2) candidates who receive the highest popular votes for such office shall have their names submitted as such candidates to the said runoff and the candidate who leads in such runoff election shall be elected to the office. When there is a tie in the first election of those receiving next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in such runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SOURCES: Derived from 1972 Code Sec. 23-5-203 [Codes, 1880, Sec. 158; 1892, Sec. 3685; 1906, Sec. 4193; Hemingway's 1917, Sec. 6827; 1930, Sec. 6267; 1942, Sec. 3296; Laws, 1954, ch. 356; 1984, ch. 465, Sec. 1; Repealed by Laws, 1986, ch. 495, Sec. 335]; En, Laws, 1986, ch. 495, Sec. 249, eff from and after January 1, 1987.