12-11-1. Special election to fill congressional vacancy--Time of election of representative. If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.Source: CHAPTER 12-11 SPECIAL CONGRESSIONAL ELECTIONS12-11-2. Filing of election proclamation--Notice to county auditors and political parties-- Nominations. The proclamation issued pursuant to § 12-11-1 shall be filed with the secretary of state who shall, if a special election is called for, thereupon notify each county auditor and the chairman of each political party recognized pursuant to chapter 12-5 of the date and purpose thereof. The State Central Committee of each political party so recognized shall be entitled to nominate a person to fill such vacancy and independent candidates filing nominating petitions meeting the requirements of § 12-7-1 may also have their names placed on the ballot.
12-11-3. Filing of nominations--Certification--Conduct of elections. Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and independent petition shall be filed by the first Tuesday in April. Each nomination shall be certified in a like manner as any other nomination for the purpose of a general election. The election shall be conducted, canvassed, and the results certified as in a general election. If the election is conducted with a general election, each party nomination and independent petition shall be filed by the second Tuesday in August.
12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate. Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.
12-11-5. Special election to fill senate vacancy. The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.
12-11-6. No special election if appointed senator's term expires at normal time. No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy.
12-11-7. Vacancy within ninety days of general election--Concurrent elections. If a vacancy occurs within ninety days of the next general election, the special election to fill the vacancy shall be held concurrently with the general election to be held two years later.
12-11-8. Nominations for specially elected senator--Vacancy near primary election. Nominations of candidates for the special election for senator shall be conducted pursuant to chapter 12-6. If a vacancy occurs within ninety days of the date of the primary election, or between the primary election and at least ninety days prior to the general election, the provisions of §§ 12-11-2 and 12-11-3 shall apply.
-PJ
My read is that there would be no special election because Johnson's term would be up in January 2008. In a situation where his term was not near an end, there would be a special election.
I still think that this is a moot point, the man will most likely be taking his seat in the Senate in January.
I'll bold the important parts.
12-11-1. Special election to fill congressional vacancy--Time of election of representative. If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy.
Ok, so what do we know so far? Only that the Governor must, within ten days of a vacancy in either chamber, set a date for the special election.
If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.
Nothing about Senators so far. The next several sections aren't relevant.
12-11-5. Special election to fill senate vacancy. The special election to fill the vacancy of a senator shall be held at the same time as the next general election.
Ok, so 12-11-5 is relevant. The special election for a vacant Senate seat will be during the next general election; 12-11-1 simply requires the governor to, within ten days of the vacancy, set the date of the special election to the same day as the next general election. No conflict between the sections at all. One applies to House members; the other, Senators.