House of Representatives

HB 2120

precinct committeemen; supervisor vacancy

Sponsors: Representatives Pierce, Johnson, Farnsworth, Senator Jarrett, et al.

dp	Committee on Counties & Municipalities
x	Committee on Judiciary
	Caucus and COW
	Third Read
	As Passed the House

HB 2120 modifies the process for filling a vacancy on a county board of supervisors.

Current Status

HB 2120 passed the Counties & Municipalities Committee unamended.

History

Current statute stipulates that when a vacancy occurs on a county board of supervisors (Board), the remaining supervisors, along with the clerk of the Board, shall fill the vacancy by appointing a resident of the district in which the vacancy occurred.

Provisions

· Stipulates that when a vacant seat on the Board was represented by an organized political party and the district from which the vacancy occurs has at least 20 elected precinct committeemen, then the process to fill the vacancy shall be as follows:

Ø Requires the Secretary of State to notify the state party chairman of the appropriate political party of the supervisorial vacancy.

Ø Requires the state party chairman, within three business days, to give written notice to the elected precinct committeemen of the appropriate political party of the meeting to fill the vacancy.

Ø Requires the elected precinct committeemen, within 21 days, to nominate three qualified electors to fill the vacancy by a majority vote. Stipulates that the three electors shall be in the same political party and reside in the same district as the person who vacated the seat.

Ø Requires the state party chairman to oversee the nominations and specifies at least 50% of the elected precinct committeemen in the district, or their proxies, constitute a quorum. Subjects the meeting to fill the vacancy to open meeting laws and specifies the use of a proxy.

Ø Requires the state party chairman to forward the names of the three nominees to the remaining members of the Board and stipulates the remaining members shall appoint a person from the three names submitted.

· Specifies that the Board must fill the legislative vacancy if the vacant seat was not represented by a political party or was represented by a political party without 20 elected precinct committeemen or if the elected precinct committeemen fail to fill the vacancy within 21 days.

· Defines appropriate political party.

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· 45th Legislature

· Second Regular Session 2 February 5, 2002

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