(a)(1) Except as provided in subsection (b), within seven days from the occurrence of any vacancy, the election commission, by a majority vote thereof, shall adopt a resolution stating the date of the first primary election which shall be held not less than 45 days nor more than 60 days after the adoption of the resolution and the runoff primary election, if necessary, which shall be held not less than four weeks thereafter. The resolution shall also set the date of the general election which shall be held not less than three weeks nor more than five weeks after the last primary election. (2) The election commission may schedule the date of the first primary election, a runoff primary election if needed, and the general election on the date of any previously scheduled countywide election, provided the time for holding the election meets the requirements of this section. The ballot used by the judge of probate may be a special ballot used only for an election under this section. (b) When a vacancy occurs with fewer than six months remaining on the unexpired term, the position shall remain vacant until filled at the next scheduled countywide general election. The election commission may provide for the conduct of a special primary election and runoff primary election if needed for the purposes of qualifying a candidate for the general election.
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