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           

                                                          2      

                                                                 
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