SENATE BILL REPORT

SB 5309

BYSenator Barr

Revising provisions relating to elections for noncontested offices.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 9, 1987

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

AS OF FEBRUARY 6, 1987

BACKGROUND:

In almost all cases, the names of candidates for public office who are unopposed must appear on election ballots.  Voters have an opportunity to vote for the candidates even though their election is assured.

It is suggested that voters should have the opportunity to vote against unopposed candidates, preventing their election.

SUMMARY:

If a candidate for state or local office is unopposed in a general or special election, the name of the unopposed candidate must be followed by "yes" and "no" designations on the ballot.  If a greater number of "no" votes are received, the candidate is not qualified to fill the office and the position is vacant.  The appointing authority must then fill the vacant office.

The person appointed to fill the vacancy is not eligible for reappointment or election to fill the remainder of the unexpired term.  The appointee may not seek election to the office until the next succeeding election for the full term.

The appointee must sign an affidavit, filed with the Secretary of State and (for local offices) the county auditor, acknowledging this restriction.

Fiscal Note:      none requested