§ § 16.1-11-19Filling vacancy existing on no-party ballot - Petition required - Time of

filing.
1. If a vacancy exists on a no-party ballot for a state office or for judge of a district court,
the vacancy may be filled by filing with the secretary of state, before four p.m. on the
sixty-fourth day before the primary election, a written petition as provided in section
16.1-11-06, stating the petitioner desires to become a candidate for nomination to the
office for which a vacancy exists. If the petition is mailed, the petition must be in the
possession of the secretary of state before four p.m. on the sixty-fourth day before the
primary election. The petition for the nomination of any individual to fill the vacancy
must be signed by qualified electors equal in number to at least two percent of the total
vote cast for governor at the most recent general election in the state or district at
which the office of governor was voted upon, but in no case may more than three
hundred signatures be required.
2. If a vacancy exists on a no-party ballot in a county or district within a county, the
vacancy may be filled by filing with the county auditor, before four p.m. of the sixty-
fourth day before the primary election, a written petition as provided in section
16.1-11-11, stating the petitioner desires to become a candidate for nomination to the
office for which a vacancy exists. If the petition is mailed, the petition must be in the
possession of the county auditor before four p.m. on the sixty-fourth day before the
primary election. The petition for the nomination of any individual to fill the vacancy
must be signed by qualified electors as provided in subdivision c of subsection 2 of
section 16.1-11-11.
3. A vacancy in the no-party ballot must be deemed to exist when a candidate who was
qualified by filing a petition pursuant to section 16.1-11-06 or 16.1-11-11 dies, resigns,
or otherwise becomes disqualified to have the candidate's name printed on the ballot.