1. (A) This section does not apply to municipal primaries.

2. (B) Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county boards of voter registration and elections on the second Tuesday in June of each general election year:

   1. (1) primaries for federal offices, excluding a presidential preference primary for the Office of President of the United States as provided pursuant to Section 7-11-20(B); and

   2. (2) primaries for:

      1. (a) state offices;
      2. (b) offices including more than one county;
      3. (c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and
      4. (d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices.
3. (C) Filing fees received from candidates filing to run in primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary elections. Any balance in the filing fee accounts or in the primary and general election accounts as of each June thirtieth may be carried forward in these accounts to the succeeding fiscal year and must be expended for the same purposes.

HISTORY: 1992 Act No. 253, Section 16, eff February 19, 1992; 2007 Act No. 81, Section 2, eff June 19, 2007; 2014 Act No. 256 (H.4732), Section 3, eff June 6, 2014.

Code Commissioner's Note

Pursuant to the directive in 2014 Act No. 196, Section 8, at the direction of the Code Commissioner, references in this section to county election commissions or commissioners or county boards of voter registration were changed to the "Board of Voter Registration and Elections" and board members as appropriate.

Effect of Amendment

The 2007 amendment rewrote this section.

2014 Act No. 256, Section 3, in subsection (A), deleted paragraph designator (1), and deleted paragraph (2), relating to an exception for presidential preference primary elections; in subsection (B)(1), substituted "federal" for "national", substituted "a presidential preference primary" for "the presidential preference primaries", and made other nonsubstantive changes; and added subsection (C), relating to filing fees.