SB 1038 - This act modifies the processes for vacancies in certain public offices. Currently, when a vacancy occurs in the office of State Representative or State Senator, the Governor must issue a writ of election without delay. This act removes the phrase "without delay" and provides that the writ shall be issued within thirty days.
This act requires the Governor to issue a writ of election to fill a vacancy in the office of Lieutenant Governor within 30 days of the vacancy for an election to be held at the next general election, provided the vacancy occurs at least one hundred twenty days before the mid-term general election. The election shall be to fill the remainder of the term. In the case of impeachment, the office shall remain vacant until the impeachment is determined. If the vacancy occurs any time after one hundred twenty days before the mid-term general election, then the office of Lieutenant Governor shall remain vacant for the remainder of the term. This provision is similar to SCS/HCS/HB 110 (2013) and SCS/SB 82 (2013).
If a vacancy occurs in the office of Attorney General, State Auditor, Secretary of State, or State Treasurer at any time prior to one hundred twenty days before the mid-term general election, this act provides that the Governor shall immediately appoint a person to fill the vacancy until a successor is elected at the next general election and qualified to fill the office for the remainder of the term in which the vacancy occurred. In cases of impeachment, the Governor shall appoint a qualified person to serve only until the impeachment is determined. If acquitted, then the statewide-elected official shall be reinstated in office. If convicted, then the Governor shall make a new appointment to serve until a successor is elected at the next general election.
The provisions of this act are similar to SB 59 (2015) and SS/SB 507 (2014).
JIM ERTLE