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Legal Definitions - by-election

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Definition of by-election

A by-election is a special election held to fill a single vacancy in an elected office, such as a seat in a parliament, congress, or local council, that occurs between general elections. These vacancies typically arise when an incumbent officeholder resigns, passes away, is disqualified, or is appointed to another position, necessitating a new election solely for that specific seat.

  • Example 1: A Member of Parliament (MP) for the constituency of Northwood suddenly announces their resignation due to health reasons, halfway through their four-year term. Instead of waiting for the next scheduled general election, the electoral commission calls a by-election specifically for the Northwood constituency. Voters in Northwood will cast ballots to choose a new MP to serve the remainder of the term, ensuring continuous representation for the area.

  • Example 2: A city councilor representing District 7 passes away unexpectedly. To ensure that District 7 continues to have a voice on the city council without delay, the city administration schedules a by-election. Only registered voters within District 7 will participate in this election to select a new councilor to complete the deceased member's term.

  • Example 3: A state senator, who was elected to represent the 15th legislative district, is appointed by the governor to a high-ranking judicial position, which requires them to vacate their senate seat. Because the state cannot have an unrepresented district, a by-election is organized for the 15th district. This allows the constituents to elect a new senator to fill the vacancy for the remainder of the term, rather than waiting for the next statewide general election.

Simple Definition

A by-election is a special election held to fill a vacant seat in a legislative body. It occurs when a sitting member's position becomes empty between regularly scheduled general elections, rather than during a general election cycle.

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