Alaska Statutes
Alaska Stat. § 15.40.140 (2026)
Condition of calling special primary election and special election
✓ current as of July 2026
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Sec. 15.40.140. Condition of calling special primary election and special election.
When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special primary election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs, to be followed by a special election on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election. However, in an election year in which a candidate for that office is not regularly elected, if the vacancy occurs on a date that is not less than 60 days, nor more than 90, before the date of
(1) the primary election, the special primary election shall be held on the date of the primary election with the subsequent special election to be held on the date of the general election; or
(2) the general election, the special primary election shall be held on the date of the general election with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election.
When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special primary election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs, to be followed by a special election on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election. However, in an election year in which a candidate for that office is not regularly elected, if the vacancy occurs on a date that is not less than 60 days, nor more than 90, before the date of
(1) the primary election, the special primary election shall be held on the date of the primary election with the subsequent special election to be held on the date of the general election; or
(2) the general election, the special primary election shall be held on the date of the general election with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2005–2023 · leading case: Sunny Guerin, Elizabeth Asisuan Toovak, & Vera Lincoln v. State of Alaska, Div. of Elections, 537 P.3d 770 (Alaska 2023).
Sunny Guerin, Elizabeth Asisuan Toovak, & Vera Lincoln v. State of Alaska, Div. of Elections, 537 P.3d 770 (Alaska 2023). “055 provides that “[a] candidate’s name must appear on the primary election ballot unless notice of the withdrawal from the primary is received by the director at least 52 days before the date of the primary election.”
State v. Trust the People, 113 P.3d 613 (Alaska 2005). “AS 15.40.140 is amended to read: Sec. 15.”
State of Alaska, Off. of the Lieutenant Governor, Div. of Elections v. Robert Corbisier, Exec. Dir. of Alaska State Comm'n for Human Rights, ex rel. B.L., 522 P.3d 174 (Alaska 2022). “Early voting was also available at the Division’s five regional offices, the State office building in Juneau, Anchorage City Hall, the Homer City Clerk’s Office, the Matanuska-Susitna Borough Building, and Soldotna 2 AS 15.40.140. 3 Alaska is a “no excuse” absentee voting state,…”
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