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 the legislator 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, the term of office commences on the day on which the appointee takes the oath of office.

(3) An appointee under this section may take office only if the vacancy in fact exists at the commencement of the term of office.