HB 2574
In CommitteeHouse
Deceased candidates
Concerning the removal of deceased candidates for nonpartisan office from ballots.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill establishes procedures for handling deceased candidates in nonpartisan local elections (city, town, or special purpose district offices). It specifies when and how a deceased candidate is removed from the ballot and how votes for them are treated, depending on whether a primary is held and whether ballots have already been printed.
- If a candidate for a city, town, or special purpose district office dies before general election ballots are printed, the third-place finisher from the primary (if a primary is held) replaces them on the general election ballot.
- If general election ballots have already been printed when a candidate dies, votes cast for that candidate are not counted toward the office.
- If no primary is held and a candidate dies before ballots are printed, their name is removed from the general election ballot.
- If no primary is held and ballots are already printed, votes for the deceased candidate are not counted.
- If the deceased candidate is the only one who filed for the office, the position becomes vacant (a 'void in candidacy').
Who is affected
- County auditors — County auditors must verify death certifications and follow specific procedures for removing or replacing deceased candidates on ballots, depending on election timing and whether a primary is held.
- Voters — Voters may see different ballot options depending on when a candidate dies relative to ballot printing and whether a primary was held; votes for deceased candidates may not count in some cases.
- Other candidates in nonpartisan races — Candidates who placed third in a primary may be elevated to the general election ballot if the top two candidates die, potentially altering the race.
- Residents of local jurisdictions — Residents of cities, towns, and special purpose districts may be affected if a candidate for local office dies before or after ballots are printed.
Pro/Con Analysis
Potential Benefits (2)
The bill ensures ballot continuity and avoids confusion when a candidate dies before ballots are printed — by substituting a qualified replacement or removing the name entirely — which helps preserve ballot integrity and prevents wasted or misdirected votes, especially for voters who cast early or absentee ballots.
Public SafetyPeopleRef: Sec. 1(1)(a), Sec. 1(2)(a)By formally recognizing a “void in candidacy” when no candidates remain, the bill creates a clear legal pathway for filling critical local offices — preventing governance vacuums in small districts (e.g., fire, water, library districts) where a single candidate’s death could otherwise leave an office unfilled for months or years without statutory clarity.
Local GovernmentPeopleRef: Sec. 1(3)
Potential Concerns (3)
When ballots are already printed and a candidate dies, votes for that candidate are not counted — this dilutes voter intent and may reduce ballot validity, especially in close races or in jurisdictions with high voter turnout among vulnerable populations (e.g., elderly, chronically ill) who may be more likely to cast early or absentee ballots before learning of a candidate’s death.
Public SafetyRef: Sec. 1(1)(b), Sec. 1(2)(b)If a deceased candidate is the only filer, the office becomes vacant (a “void in candidacy”), which could trigger a special election — a costly and logistically complex process for small jurisdictions with limited election administration capacity, potentially disenfranchising voters if timing delays the filling of critical offices (e.g., fire district commissioners, water district boards).
Local GovernmentRef: Sec. 1(3)Replacing a deceased top-two candidate with the third-place primary finisher may distort voter intent — especially if the third-place finisher received far fewer votes — and could reduce competitive balance or ideological diversity on the ballot, potentially weakening democratic responsiveness in local races.
Local GovernmentRef: Sec. 1(1)(a)
Who Is Most Affected
County auditors gain procedural clarity but face added administrative burden in verifying death certifications and adjusting ballot production timelines — especially in rural counties with limited election staff. Impact is mixed: more predictable process but increased operational risk if deadlines are missed.
Voters benefit from ballot integrity and reduced confusion, but may be disenfranchised if votes for deceased candidates are uncounted — particularly in close races or among communities with lower access to real-time election updates (e.g., rural or elderly populations).
Other candidates may gain unexpected ballot access (e.g., third-place primary finisher elevated), but also face unfair competitive distortions if replacements are chosen based on primary results that no longer reflect general election preferences.
Residents of small jurisdictions (e.g., fire districts, water districts) benefit most from avoiding office vacancies, but may suffer if special elections delay service delivery or reduce accountability during interim periods.