Title 21, Chapter 2, Section 133
( 21-2-133)
(a) No person elected on a write-in vote shall be eligible to hold
office unless notice of his or her intention of candidacy was filed
and published no earlier than January 1 and no later than the
Tuesday after the first Monday in September prior to the election
for county, state, and federal elections; no later than seven days
after the close of the municipal qualifying period for municipal
elections in the case of a general election; no earlier than January
1 and no later than the Tuesday after the first Monday in June in
the case of a nonpartisan election for a state or county office
which was not covered by a local Act of the General Assembly on July
1, 2001, which provided for election in a nonpartisan election
without a prior nonpartisan primary; no later than the third Monday
in July in the case of a nonpartisan election for a state or county
office which was not covered by a local Act of the General Assembly
on July 1, 2001, which provided for election in a nonpartisan
election without a prior nonpartisan primary held in the
even-numbered year immediately following the official release of the
United States decennial census data to the states for the purpose of
redistricting of the legislatures and the United States House of
Representatives; or at least 20 or more days prior to a special
election by the person to be a write-in candidate or by some other
person or group of persons qualified to vote in the subject
election, as follows: (1) In a state general or special election, notice shall be filed
with the Secretary of State and published in a paper of general
circulation in the state; (2) In a general or special election of county officers, notice
shall be filed with the superintendent of elections in the county
in which he or she is to be a candidate and published in the
official organ of the same county; or (3) In a municipal general or special election, notice shall be
filed with the superintendent and published in the official
gazette of the municipality holding the election. (b) In addition to the requirements contained in subsection (a) of
this Code section, the person or persons giving notice of intention
of candidacy for a write-in candidate shall also file, with the
appropriate official specified in paragraph (1), (2), or (3) of
subsection (a) of this Code section, a copy of the notice as
published with an affidavit stating that the notice has been
published and including the name of the newspaper and the date of
publication, not later than the fifth day after the deadline for
filing and publishing such notice. The affidavit may be made by the
person giving notice of intention of candidacy or by the publisher
of the newspaper in which the notice was published or by an employee
of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special
or general primary, a special or general primary runoff, or in a
special or general election runoff. (d) No person shall be eligible as a write-in candidate in a general
or special election if such person was a candidate for nomination or
election to the same office in the immediately preceding primary.
(e) The Secretary of State or appropriate municipal official shall
certify to the election superintendent of each county affected at
least ten days prior to the general or special election the names of
all persons who have filed notices of intention to be write-in
candidates with the Secretary of State or appropriate municipal
official. |