In case the office of any judge shall become vacant,
before the expiration of the regular term for which
he was elected, the vacancy shall be filled by appointment
by the governor, until a successor is elected and
has qualified; and such successor shall be elected for
the unexpired term, at the first general election for the
office which is vacant that occurs more than forty days
after the vacancy shall have occurred; provided, however,
that when the unexpired term ends within one
year immediately following the date of such general
election, an election to fill such unexpired term shall
not be held and the appointment shall be for such unexpired
term.