HB 6: Mitchell County; Board of Commissioners; filling vacancies; revise provisions

Mitchell County's board of commissioners currently follows a 1873 law, as amended in 2002, for filling seats that become vacant before a term ends. House Bill 6 revises that process by tying the method used to how much time is left in the unexpired term. If a vacancy happens during the first 21 months of a term, the county's election superintendent must call a special election, held on the earliest workable date among the presidential preference primary, the general primary, or the November general election. Until that election is held, the chief judge of the local judicial circuit appoints someone to fill the seat temporarily. If the vacancy happens during the last 27 months of the term, no special election is held at all; the chief judge simply appoints a qualified person to serve out the rest of the term. The bill repeals conflicting laws and applies specifically to Mitchell County.

• Splits vacancy-filling rules into two tracks based on timing: vacancies in the first 21 months of a term versus the last 27 months.
• Requires a special election for early-term vacancies, held on the earliest workable date among three specified statewide election dates.
• Directs the chief judge of the local judicial circuit to make a temporary appointment while a special election for an early vacancy is pending.
• Eliminates the special election requirement for late-term vacancies, letting the chief judge appoint a replacement to serve out the remaining term.
• Repeals any prior laws that conflict with these updated procedures.

Mitchell County residents and voters, the Mitchell County Board of Commissioners, the county's election superintendent, and the chief judge of the judicial circuit covering Mitchell County, who gains appointment authority under this revised process.

The timing of a commissioner's departure now determines whether Mitchell County voters get to elect a replacement or whether a judge appoints one to serve out the term, changing who controls the seat and how quickly it gets filled.

• Section 1 revises subsection (d) of Section 6 of the 1873 Mitchell County commissioners act, as amended in 2002.
• Paragraph (1) covers vacancies in the first 21 months of a term, requiring a special election on the earliest legally workable date among the presidential preference primary, general primary, or November general election.
• Paragraph (1) also requires the chief judge to appoint an interim commissioner to serve until that special election is held.
• Paragraph (2) covers vacancies in the last 27 months of a term, requiring only a chief judge appointment for the remainder of the term, with no special election.
• Section 2 repeals any conflicting laws.

1. 2025-04-30Effective Date
2. 2025-04-30Act 28
3. 2025-04-30House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-02-12Senate Passed/Adopted (Senate)
6. 2025-02-12Senate Committee Favorably Reported (Senate)
7. 2025-02-06Senate Read and Referred (Senate)
8. 2025-02-05House Passed/Adopted By Substitute (House)

• Joe Campbell (R, HD-171)Primary sponsor

1. PassedHouse voteFebruary 5, 2025

   160 yea, 1 nay (14 not voting, 5 excused)

   Local Calendar: House Vote #15

2. PassedSenate voteFebruary 12, 2025

   52 yea, 1 nay (1 not voting, 2 excused)

   LOCAL CONSENT CALENDAR: Senate Vote #45

• local government
• Mitchell County
• county commissioners
• special elections
• judicial appointments