County Commissioner Vacancies

The act modifies the process for filling vacancies in an unexpired term in the office of county commissioner for county commissioners affiliated with a major political party in counties that are not home rule counties and that have at least 50,000 active voters as of the last general election (vacancy). If a vacancy occurs on or after July 31 of an even-numbered year that the seat was not scheduled to be on the ballot at the general election but before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next regularly scheduled odd-year November election following the vacancy, rather than until the next general election as is the case for vacancies that occur at other times, when the vacancy must be filled by vacancy election (vacancy election). An individual elected at a vacancy election serves until the next general election.

A vacancy election is conducted as part of a coordinated odd-year November election. A major political party may opt out of the vacancy election process if at least 75% of the total voting membership of a political party's state central committee votes to do so by October 1 of the even year preceding a vacancy election. For a vacancy election to be held in November 2025, the vote must occur no later than June 30, 2025. If the state certifies any ballot content for the odd-year November election, the state is required to reimburse a county for 45% of its costs incurred in conducting the coordinated election that includes the vacancy election. Watchers, canvass boards, and election judges for the vacancy election are selected according to current processes in statute. Only registered electors of the county of the vacating commissioner who, as of 22 days before the vacancy election, are either registered with the same major political party as the vacating commissioner or are unaffiliated with a political party are eligible to vote in a vacancy election.

A candidate is eligible to be placed on the ballot for a vacancy election if the candidate:

• Files a nominating statement signed by at least 30% of the vacancy committee members with the county clerk and recorder and the candidate's major political party by the seventieth day before the vacancy election; or
• Submits to the county clerk and recorder, no later than 30 days after their petition format has been approved or 85 days prior to the vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who have been affiliated with the same major political party as the candidate for 22 days before signing the petition and are eligible to vote in the district for which the candidate is to be elected.

A candidate may seek to be placed on the ballot through one, but not both, methods, and candidate placement on the ballot is drawn by lot. A candidate must be registered with the vacating commissioner's major political party by the first business day in January of the calendar year in which the vacancy election occurs and must be a resident of the same district as the vacating commissioner. A candidate in a vacancy election is subject to the campaign finance contribution, expenditure, and reporting requirements of the "Fair Campaign Practices Act".

For the 2025-26 state fiscal year, $314,920 is appropriated from the department of state cash fund to the department of state for use by the information technology division for personal services.

(Note: This summary applies to this bill as enacted.)