Candidate Withdrawals on the August 3, 2004 Primary Ballot
Until 5:00 p.m. on May 18 th, filed candidates can withdraw with a sworn statement.
Between May 19 th and 5:00 p.m., June 22, 2004 candidates can withdraw pursuant to a court order and may be responsible for paying costs associated with the reprinting of any ballots.
After 5:00 p.m. June 22, 2004 candidates may not withdraw except if selected by a nominating committee to fill a vacancy in a race for another office.
There are three types of withdrawals: voluntary, court ordered and party selection. In evaluating these three types of withdrawals, one must also evaluate the status of the candidate (incumbent, only candidate for an office, party’s only candidate for an office or multiply party candidates). The following is organized around the status of the candidate with timing factors and the type of withdrawal discussed within each status grouping.
INCUMBENT CANDIDATES
Pursuant to § 115.359.1 an incumbent candidate is entitled to withdraw upon the filing of a notarized and sworn statement of withdrawal with the filing officer until the eleventh Tuesday prior to the election (May 18, 2004). (Forms are available in the Secretary of State’s Office.) If an incumbent candidate withdraws, filing for the office reopens for five working days immediately following the withdrawal for all
individuals desiring to run on the ticket of any established political party. See § 115.361.1.
Between May 25 and 5 p.m. on June 8, 2004 (eight weeks before the primary), an opportunity to withdraw is provided by § 115.359.2. In this situation an incumbent candidate may withdraw if, at the candidate’s request, a court enters an order permitting the withdrawal. The court may condition its order permitting the withdrawal on the candidate’s willingness to pay the cost of printing or reprinting the ballot and the local election authority can oppose the candidate’s request for withdrawal. If the court enters an order of withdrawal, the withdrawal is effective when a certified copy of the order is filed with the filing officer. If an incumbent candidate effectively withdraws during this time period, filing for the office reopens for five working days immediately following the withdrawal for all individuals desiring to run on the ticket of an established political party. See § 115.361.1.
After June 8 and through 5 p.m. on June 22, 2004 (six weeks before the primary), an incumbent candidate may withdraw with a court order as set forth above (See § 115.359.2), but the method of securing new candidates for all parties changes. In this time period, each of the party nominating committees for established political parties may select a candidate for the office. See § 115.363.2. See also §§ 115.365 through .377 for the procedures to be used by the nominating committees.
There is another mechanism that allows an incumbent to withdraw after May 18 without a court order. If a party nominating committee selects an incumbent candidate pursuant to § 115.359.1 to fill a candidate vacancy in another race, the incumbent may withdraw from the race he or she previously filed for without a court order. We call this party selection withdrawal. If the candidate decides to seek the office for which the nominating committee has nominated him or her, the candidate must file the sworn withdrawal statement within five days (actual days, not working days) after being nominated by the party nominating committee for the new office. See § 115.359.1.
If the party selection withdrawal vacancy occurs prior to 5 p.m. on June 8, 2004, filing for the office reopens for five working days immediately following the withdrawal for all individuals desiring to run on the ticket of an established political party. See §115.361.1.
After June 8, 2004, when a vacancy occurs because a party nominating committee has selected an incumbent candidate to fill a vacancy in another race and the selected incumbent candidate files for the new race and withdraws from his original race, the party nominating committees for all established political parties may select a candidate to run for the office. See § 115.363.2. The newly selected candidates must file within 28 days after the vacancy was created, but in no event can a candidate file after July 9, 2004. See 115.373.1.
ONLY CANDIDATE
The rules for only candidates are somewhat different. An “only candidate” as used in §§ 115.361 and 115.363 means the only candidate of any party for a particular office. A candidate is an “only candidate” if they have no opposition from a candidate running under any established political party label in both the primary and general elections. (The existence of independent or new party challengers does not impact “only candidate” status in the primary.)
Pursuant to § 115.359, an only candidate is entitled to withdraw, just like an incumbent candidate, upon the filing of a notarized and sworn statement of withdrawal with the filing officer until the eleventh Tuesday prior to the election (May 18, 2004). (Forms are available in the Secretary of State’s Office.) If an only candidate withdraws, filing for the office reopens for five working days immediately following the withdrawal for all individuals desiring to run on the ticket of any established political party. See § 115.361.1.
Between May 25 and 5 p.m. on June 8, 2004 (eight weeks before the primary), the opportunity to withdraw is governed by § 115.359.2. In this situation an only candidate, like an incumbent candidate, may withdraw if a court enters an order permitting the withdrawal. The court may condition its order permitting the withdrawal on the candidate’s willingness to pay the cost of printing or reprinting the ballot and the local election authority can oppose the candidate’s request for withdrawal. If the court enters an order of withdrawal, the withdrawal is effective when a certified copy of the order is filed with the filing officer. When the only candidate effectively withdraws during this time period, filing for the office reopens for five working days for all established political parties. See § 115.361.1.
After June 8 and through 5 p.m. on June 22, 2004 (six weeks before the primary), an only candidate may withdraw with a court order as set forth above (See §§ 115.359.2 and .361.2), but the method of securing new candidates for all parties changes. In this time period, each of the party nominating committees for established political parties may select a candidate for the office. See § 115.363.2. See also §§ 115.365 through .377 for the procedures to be used by the nominating committees.
There is another mechanism that allows an only candidate to withdraw after May 18 without a court order. If a party nominating committee selects an only candidate pursuant to § 115.359.1 to fill a candidate vacancy in another race, the only candidate may withdraw from the race he or she previously filed for without a court order. We call this party selection withdrawal. If the candidate decides to seek the office for which the nominating committee has nominated him or her, the candidate must file the sworn withdrawal statement within five days (actual days, not working days) after being nominated by the party nominating committee for the new office. See § 115.359.1.
If the party selection withdrawal vacancy occurs prior to 5 p.m. on June 8, 2004, filing for the office reopens for five working days immediately following the withdrawal for all individuals desiring to run on the ticket of an established political party. See § 115.361.1. After June 8, 2004 and through 5 p.m. on June 22, 2004 when a party selection vacancy occurs as a result of the selection of an only candidate for another race, the party nominating committees for all political parties may select a candidate for the office. See § 115.363.2. Filing for any newly selected candidates is permitted within 28 days after the vacancy was created, but in no event can a candidate file after July 9, 2004. See §115.373.1. After June 22, 2004, an only candidate may withdraw from the ballot only if the only candidate is selected by a party nominating committee to fill a vacancy in another primary race by party selection. However, unlike the incumbent candidate situation, there is no provision for the replacement of an only candidate whose selection after June 22 creates a vacancy. Rather, the primary election and canvas for this office does not proceed and the vacancy existing on the general election ballot is filled for the general election in the manner provided in §§ 115.363 to .377. See §115.361.2.
PARTY’S ONLY CANDIDATE
In this category the law is referring to those situations where the withdrawing candidate is a party’s only candidate and one of the other parties is also running a candidate for the office. Having defined the term, a party’s only candidate for an office may withdraw pursuant to § 115.359, just like an incumbent or only candidate, upon the filing of a notarized and sworn statement of withdrawal with the filing officer through May 18, 2004. When a party’s only candidate withdraws, the party nominating committee of the withdrawing candidate can select a new candidate. See § 115.363.1(2). See also §§ 115.365 through .377 for the procedures to be used by the nominating committee. In the party’s only candidate withdrawal scenario, filing for the vacancy never reopens. See § 115.361, omitting any mention of a party’s only candidate scenario.
Between May 25 and 5 p.m. on June 22, 2004 (six weeks before the primary election), an opportunity to withdraw is provided by § 115.359.2. In this situation a party’s only candidate, like an incumbent or only candidate, may withdraw if a court enters an order permitting the withdrawal. The court can condition its order permitting the withdrawal on the candidate’s willingness to pay the cost of printing or reprinting the ballot and the local election authority can oppose the candidate’s request for withdrawal. If the court enters the order of withdrawal, the withdrawal is effective when a certified copy of the order is filed with the filing officer. When a party’s only candidate withdraws during this time period, the party nominating committee can select a replacement candidate. See § 115.363.1(2).
If a party nominating committee selects the party’s only candidate pursuant to § 115.359.1 to fill a candidate vacancy in another race, the party’s only candidate may withdraw from the race he or she previously filed for without a court order. We call this party selection withdrawal. If the candidate decides to seek the office for which the nominating committee has nominated him or her, the candidate must file the sworn withdrawal statement within five days (actual days, not working days) after being nominated by the party nominating committee for the new office. See § 115.359.1.
If the party selection withdrawal vacancy occurs prior to 5 p.m. on July 6, 2004 (fourth Tuesday before the primary election), the party nominating committee for the withdrawing candidate’s party may select a candidate for the office. See §§ 115.363.1(2) and .363.3(4). In the event of a party selection withdrawal vacancy occurring after July 6, 2004, the party nominating committee for the party with the newly created vacancy may select a party candidate for election to the office on the general election ballot. See § 115.363.3(4). The newly selected candidate must file within 28 days after the vacancy was created, but in no event can the candidate file after July 9, 2004. See § 115.373.1.
MULTIPLE CANDIDATE SITUATIONS
In this category we are referring to those situations where more than one candidate is competing for a party’s primary nomination and the withdrawing candidate is not an incumbent. A non-incumbent candidate in a multiple candidate primary situation can withdraw pursuant to § 115.359, just like an incumbent, only candidate or party’s only candidate, upon the filing of a notarized and sworn statement of withdrawal with the filing officer through May 18, 2004.
Between May 18, 2004 and June 22, 2004, the opportunity to withdraw is governed by § 115.359.2. In this situation a multiple candidate, like an incumbent, only candidate or party’s only candidate, may withdraw if a court enters an order permitting the withdrawal. The court can condition its order permitting the withdrawal on the candidate’s willingness to pay the cost of printing or reprinting the ballot and the local election authority can oppose the candidate’s request for withdrawal. If the court enters the order of withdrawal, the withdrawal is effective when a certified copy of the order is filed with the filing officer. Candidates withdrawing in multiple candidate situations are not replaced. There are no provisions allowing for the withdrawal of candidates in multiple candidate situations after June 22, 2004.