Section 16.1-12-09 - Filling vacancy existing on no-party ballot - Petition required - Time of filing1. Whenever 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, a written petition as provided in section 16.1-11-06, stating that the petitioner desires to become a candidate for election to the office for which a vacancy exists. 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 the office of governor in the state or district, at the most recent general election at which the office of governor was voted upon, but in no case may more than three hundred signatures be required.2. Whenever 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 a written petition as provided in section 16.1-11-11, stating the petitioner desires to become a candidate for election to the office for which a vacancy exists. The petition for the nomination of any individual to fill the vacancy must be signed by qualified electors equal in number to at least thirty percent of the total vote cast for the office of governor at the most recent general election in the county or district at which the office of governor was voted upon, but in no case may more than three hundred signatures be required.3. A vacancy in the no-party ballot must be deemed to exist when: a. A candidate nominated at the primary election dies, resigns, or otherwise becomes disqualified to have the candidate's name printed on the ballot at the general election.b. No candidates were nominated at the primary election because the office did not yet exist.c. The timing of the vacancy in an office makes it impossible to have the office placed on the ballot.4. The petition or certificate of endorsement may be filed electronically, through the mail, or by personal delivery, and must be complete and in the possession of the filing officer before four p.m. on the sixty-fourth day before the general or special election.Amended by S.L. 2021 , ch. 164( HB 1253 ), § 74, eff. 8/1/2021.Amended by S.L. 2013 , ch. 176( SB 2374 ), § 19, eff. 8/1/2013.