Idaho State Statutes - Idaho Attorney Directory

VACANCIES OF CANDIDATES FOR NONPARTISAN OFFICES OCCURRING BEFORE
GENERAL ELECTION NOT FILLED -- EXCEPTIONS -- JUDICIAL OFFICES. (1) All
vacancies of candidates for nonpartisan offices that occur after the primary
election but before the general election, except vacancies in the offices of
nominated candidates for judicial office which shall be filled as provided in
this section, shall not be filled.
(2) If a candidate for judicial office has received a majority of the
votes cast for the office at the primary election, he shall be deemed elected
as provided by section 34-1217, Idaho Code. Thereafter, if the judge-elect
dies, moves from the state, or otherwise becomes ineligible to serve in the
judicial office, the secretary of state shall declare that a vacancy exists in
the judicial office, but that no other candidate for the office will be
offered at the general election. The vacancy shall be filled as provided by
law, as if the judge-elect had already assumed office.
(3) If three (3) or more candidates sought a judicial office at the
primary election, and no candidate for the judicial office received a majority
of the votes cast for the office at the primary election, and either of the
candidates certified to be a nominee at the general election dies, moves from
the state, or otherwise becomes ineligible to serve in the judicial office,
the secretary of state shall cause the name or names of the candidate or
candidates receiving the next highest number of votes cast at the primary
election after the two (2) candidates certified, to be certified as nominees
for the judicial office at the general election, so that two (2) candidates
shall be offered for each judicial office to be filled. In the event only one
(1) vacancy on the general election ballot is to be filled by the procedure
outlined in this subsection, and there exists a tie among two (2) or more
judicial candidates receiving the next highest number of votes, such
candidates, or their personal designees, shall meet in the office of the
secretary of state at a time fixed by him upon ten (10) days written notice to
such interested candidates, or their designees, and a candidate to fill each
such vacancy on the general election ballot shall be selected by lot from the
candidates receiving the same number of votes at the primary election. The
secretary of state shall cause the name of the persons so selected to appear
on the general election ballot.

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