As Reported by the House Ethics and Elections Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 445 5
1997-1998 6
REPRESENTATIVES LOGAN-JACOBSON-LUCAS 8
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A B I L L
To amend sections 731.43 and 733.08 of the Revised 12
Code to require that when a vacancy in the office 14
of mayor of a city occurs under certain 15
circumstances, an election be held to fill the 16
office for part of the unexpired term, and to 17
allow the president pro tempore of the 18
legislative authority of a village having a 20
population of less than two thousand to choose 21
whether to resume serving on the legislative 22
authority after filling a vacancy in the office 24
of mayor. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 731.43 and 733.08 of the Revised 29
Code be amended to read as follows: 30
Sec. 731.43. (A) When (1) EXCEPT AS OTHERWISE PROVIDED 39
IN DIVISION (A)(2) OF THIS SECTION, WHEN the office of a member 40
of the legislative authority of a village becomes vacant, the 42
vacancy shall be filled by election by the legislative authority 43
for the unexpired term. If the legislative authority fails 44
within thirty days to fill such vacancy, the mayor shall fill it 45
by appointment except that, SUBJECT TO DIVISION (A)(2) OF THIS 46
SECTION, when the vacancy occurs because of THE operation of 47
section 733.25 of the Revised Code, the successor shall hold 48
office only for the period the president pro tempore of the 49
legislative authority holds the office of mayor. 50
(2) WHEN A VACANCY OCCURS IN THE OFFICE OF A MEMBER OF THE 52
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LEGISLATIVE AUTHORITY OF A VILLAGE WITH A POPULATION OF LESS THAN 54
TWO THOUSAND BECAUSE OF THE OPERATION OF SECTION 733.25 OF THE 55
REVISED CODE, AT THE TIME THE PRESIDENT PRO TEMPORE BECOMES MAYOR 56
THE PRESIDENT PRO TEMPORE SHALL DECIDE WHETHER HE OR SHE WISHES 57
TO SERVE THE REMAINDER OF HIS OR HER UNEXPIRED TERM AS A MEMBER 58
OF THE LEGISLATIVE AUTHORITY OF THE VILLAGE WHEN THE MAYOR'S 59
SUCCESSOR IS ELECTED AND QUALIFIED IN ACCORDANCE WITH THAT 60
SECTION. IF THE PRESIDENT PRO TEMPORE DECIDES TO SERVE THE 61
REMAINDER OF HIS OR HER UNEXPIRED TERM AS A MEMBER OF THE 62
LEGISLATIVE AUTHORITY, THE VACANCY ON THE LEGISLATIVE AUTHORITY 63
SHALL NOT BE FILLED AND THE PRESIDENT PRO TEMPORE SHALL RESUME 64
SERVING HIS OR HER UNEXPIRED TERM ON THE LEGISLATIVE AUTHORITY AS 65
SOON AS THE MAYOR'S SUCCESSOR IS ELECTED AND QUALIFIED. IF THE 66
PRESIDENT PRO TEMPORE DECIDES NOT TO RESUME SERVING THE REMAINDER 67
OF HIS OR HER UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE 68
AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS ELECTED AND 69
QUALIFIED, THEN THE VACANCY IN THE OFFICE OF MEMBER OF THE 70
LEGISLATIVE AUTHORITY SHALL BE FILLED IN ACCORDANCE WITH THIS 71
SECTION.
(B) Except as otherwise provided in this division, when 73
the office of a member of the legislative authority of a city 74
becomes vacant either because a member ceases to hold the office 75
before the end of his THE MEMBER'S term or because a member-elect 77
fails to take office, the vacancy shall be filled for the 78
remainder of the unexpired term by a person chosen by the 79
residents of that city who are members of the county central 80
committee of the political party by which the last occupant of 81
that office or the member-elect was nominated. If the vacancy 82
occurs in the office of a ward representative in a city where the 83
political party which nominated the last occupant of that office 84
is organized into a city controlling committee with more than one 85
member from the ward where the vacancy exists, the members of the 86
city controlling committee representing that ward shall choose 87
the person to fill the vacancy. 88
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(C) Not less than five nor more than forty-five days after 90
a vacancy occurs, the specified members of the city or county 91
committee shall meet to make an appointment to fill the vacancy. 92
At least four days before the date of such meeting the chairman 93
CHAIRPERSON or secretary of the city or county committee shall 95
notify each committee member eligible to vote on filling the 96
vacancy by first class mail of the date, time, and place of the 97
meeting and its purpose. A majority of all eligible committee 98
members constitutes a quorum, and a majority of the quorum is 99
required to make the appointment. If election to the office so 100
vacated took place at a nonpartisan election, or if the office 101
was occupied by, or was to be occupied by a person not nominated 102
at a primary election, or if the appointment was not made by the 103
committee members in accordance with this section, the vacancy 104
shall be filled in the same manner as a vacancy in the 105
legislative authority of a village, as provided in this section. 106
Sec. 733.08. (A) In case of the death, resignation, or 115
removal of the mayor, the vacancy in the office of mayor shall be 116
filled for the remainder of the unexpired term, UNTIL A SUCCESSOR 117
IS ELECTED AND QUALIFIED, by a person chosen by the residents of 119
that city who are members of the city central committee if there 120
is one, or if not then of the county central committee, of the 121
political party with which the last occupant of the office was 122
affiliated. If the vacancy occurs because of the death, 123
resignation, or inability to take office of a mayor-elect, an 124
appointment to take the office at the beginning of the term shall 125
be made by the members of the central committee who reside in the 126
city where the vacancy occurs.
Not less than five nor more than forty-five days after the 128
vacancy occurs, the specified members of the city or county 129
committee shall meet to make an appointment to fill the vacancy. 130
Not less than four days before the date of the meeting the 131
committee chairman CHAIRPERSON or secretary shall send, by mail 132
to every member eligible to vote on filling the vacancy, a 134
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written notice stating the date, time, and place of the meeting 135
and its purpose. A majority of the eligible members present at 136
the meeting may make the appointment. 137
If the last occupant of the office of mayor or the 139
mayor-elect was elected as an independent candidate, the vacancy 140
shall be filled, UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED, by 142
election by the legislative authority for the unexpired term. 143
(B) IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN 145
FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A 146
SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED 147
TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY 148
FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION TO 150
FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON
APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL 151
HOLD THE OFFICE FOR THE UNEXPIRED TERM. IF AN ELECTION IS HELD 153
UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE 154
LEGISLATIVE AUTHORITY UNDER DIVISION (A) OF THIS SECTION SHALL 156
HOLD THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED UNDER 158
THIS DIVISION.
Section 2. That existing sections 731.43 and 733.08 of the 160
Revised Code are hereby repealed. 161