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A. A vacancy shall be filled by a special election held within one hundred eighty (180) calendar days of the occurrence or declaration of such a vacancy, with the following exceptions:

1. If a vacancy occurs less than one hundred eighty (180) calendar days before a general election and the position vacated would not be filled until the following general election, the unsuccessful candidate receiving the highest number of votes in the upcoming general election shall serve the balance of the term of the vacated position.

2. If a vacancy occurs less than one hundred eighty (180) calendar days before a general election and the position vacated would have been filled at the upcoming general election, the position shall remain vacated until filled at the upcoming general election.

3. If the vacancy is a result of a Congressperson-elect failing to take office for any reason, the unsuccessful candidate that received the highest number of votes in the most recent election for a Congressional position shall assume the vacated position and serve the full term.

4. If the vacancy results from the election of a sitting Congressperson to Principal Chief or Assistant Principal Chief:

a. Midway through that Congressperson’s term; and

b. The election was a general election, the unsuccessful Congressional candidate receiving the highest number of votes in the general election shall be considered a Congressperson-elect, and may fill the position for the remaining two years of the term. ONCA 17-107, eff. Oct. 4, 2017.