5-2-407. Anticipated vacancy. (1) Whenever it appears that a vacancy will exist in the legislature because of the inability of an elected legislator to take office at the commencement of the term to which he was elected, an appointee may be selected in advance of the commencement of the term under the provisions of 5-2-402 through 5-2-406.
     (2) For purposes of determining the term of office of the appointee and the 15-day period of 5-2-402(3), the vacancy occurs on the first day of the term to which his predecessor was elected.
     (3) An appointee under this section may take office only if the vacancy in fact exists at the commencement of the term of office.

     History: En. 43-216.1 by Sec. 4, Ch. 198, L. 1977; R.C.M. 1947, 43-216.1.