Section 17-16-37

Procedure when one candidate declines to enter second primary.

In the event either of the two candidates receiving the highest number of votes in the first primary election shall determine not to enter the second primary election provided for in this chapter, he shall, as soon as possible and not more than three days after holding of the first primary election, certify his declination to enter such second primary election to the chairman of the state executive committee of his party, if the office is an office other than a county office, or to the chairman of the county executive committee of his party if the office is a county office. Upon the receipt of such notification, the chairman of such committee shall declare the other candidate the nominee of the party for such office and certify his name as such nominee to the Secretary of State or the probate judge, as the case may require, and a second primary election for the nomination of a candidate for that particular office shall not be held.

(Acts 1975, No. 1196, p. 2349, §33; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1.)