After request by this office, the Division of Elections has determined that any individual, who previously qualified, will be able to qualify during this new qualifying period without paying an additional fee. Candidates electing to qualify by the Alternative Petition Method after filing the Alternative Method Affidavit must collect 555 valid petitions which must be submitted to my office no later than 5 P.M. on August 15, 2002.

This office had requested a binding opinion from the Division of Elections because of the remaining unanswered questions with respect to the current situation. Could the scheduled September Primary with the July qualifications fill this vacancy because circuit and county judgeships can only qualify in May by statute? Therefore, to address this dilemma, the State has determined to use the special election provisions to fill this vacancy and overcome the statutory qualifying period required for May.

This also now solves the problem of notice and opportunity for others to join the race and achieve the Governor’s desire to have an election rather than fill the position by appointment.