As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 445 5
1997-1998 6
REPRESENTATIVE LOGAN 8
10
A B I L L
To amend section 733.08 of the Revised Code to 12
require that when a vacancy in the office of 13
mayor of a city occurs under certain 14
circumstances, an election be held to fill the 15
office for part of the unexpired term. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 733.08 of the Revised Code be 20
amended to read as follows: 21
Sec. 733.08. (A) In case of the death, resignation, or 30
removal of the mayor, the vacancy in the office of mayor shall be 31
filled for the remainder of the unexpired term, UNTIL A SUCCESSOR 32
IS ELECTED AND QUALIFIED, by a person chosen by the residents of 34
that city who are members of the city central committee if there 35
is one, or if not then of the county central committee, of the 36
political party with which the last occupant of the office was 37
affiliated. If the vacancy occurs because of the death, 38
resignation, or inability to take office of a mayor-elect, an 39
appointment to take the office at the beginning of the term shall 40
be made by the members of the central committee who reside in the 41
city where the vacancy occurs.
Not less than five nor more than forty-five days after the 43
vacancy occurs, the specified members of the city or county 44
committee shall meet to make an appointment to fill the vacancy. 45
Not less than four days before the date of the meeting the 46
committee chairman CHAIRPERSON or secretary shall send, by mail 47
to every member eligible to vote on filling the vacancy, a 49
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written notice stating the date, time, and place of the meeting 50
and its purpose. A majority of the eligible members present at 51
the meeting may make the appointment. 52
If the last occupant of the office of mayor or the 54
mayor-elect was elected as an independent candidate, the vacancy 55
shall be filled, UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED, by 57
election by the legislative authority for the unexpired term. 58
(B) IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN 60
FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A 61
SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED 62
TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY 63
FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION TO 65
FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON
APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL 66
HOLD THE OFFICE FOR THE UNEXPIRED TERM. IF AN ELECTION IS HELD 68
UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE 69
LEGISLATIVE AUTHORITY UNDER DIVISION (A) OF THIS SECTION SHALL 71
HOLD THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED UNDER 73
THIS DIVISION.
Section 2. That existing section 733.08 of the Revised 75
Code is hereby repealed. 76