As Passed by the House 1
122nd General Assembly 4
Regular Session Am. H. B. No. 445 5
1997-1998 6
REPRESENTATIVES LOGAN-JACOBSON-LUCAS-GARCIA-OPFER-MAIER-KREBS- 8
SCHULER-VESPER-HOOD-BENDER-LEWIS-PADGETT-MILLER 9
11
A B I L L
To amend sections 731.43 and 733.08 of the Revised 13
Code to require that when a vacancy in the office 15
of mayor of a city occurs under certain 16
circumstances, an election be held to fill the 17
office for part of the unexpired term, and to 18
allow the president pro tempore of the 19
legislative authority of a village having a 21
population of less than two thousand to choose 22
whether to resume serving on the legislative 23
authority after filling a vacancy in the office 25
of mayor. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 731.43 and 733.08 of the Revised 30
Code be amended to read as follows: 31
Sec. 731.43. (A) When (1) EXCEPT AS OTHERWISE PROVIDED 40
IN DIVISION (A)(2) OF THIS SECTION, WHEN the office of a member 41
of the legislative authority of a village becomes vacant, the 43
vacancy shall be filled by election by the legislative authority 44
for the unexpired term. If the legislative authority fails 45
within thirty days to fill such vacancy, the mayor shall fill it 46
by appointment except that, SUBJECT TO DIVISION (A)(2) OF THIS 47
SECTION, when the vacancy occurs because of THE operation of 48
section 733.25 of the Revised Code, the successor shall hold 49
office only for the period the president pro tempore of the 50
legislative authority holds the office of mayor. 51
2
(2) WHEN A VACANCY OCCURS IN THE OFFICE OF A MEMBER OF THE 53
LEGISLATIVE AUTHORITY OF A VILLAGE WITH A POPULATION OF LESS THAN 55
TWO THOUSAND BECAUSE OF THE OPERATION OF SECTION 733.25 OF THE 56
REVISED CODE, AT THE TIME THE PRESIDENT PRO TEMPORE BECOMES MAYOR 57
THE PRESIDENT PRO TEMPORE SHALL DECIDE WHETHER THE PRESIDENT PRO 58
TEMPORE WISHES TO SERVE THE REMAINDER OF THE PRESIDENT PRO 59
TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY 60
OF THE VILLAGE WHEN THE MAYOR'S SUCCESSOR IS ELECTED AND 61
QUALIFIED IN ACCORDANCE WITH THAT SECTION. IF THE PRESIDENT PRO 62
TEMPORE DECIDES TO SERVE THE REMAINDER OF THE PRESIDENT PRO
TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE 63
AUTHORITY, THE VACANCY ON THE LEGISLATIVE AUTHORITY SHALL NOT BE 64
FILLED AND THE PRESIDENT PRO TEMPORE SHALL RESUME SERVING THE 65
PRESIDENT PRO TEMPORE'S UNEXPIRED TERM ON THE LEGISLATIVE 66
AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS ELECTED AND 67
QUALIFIED. IF THE PRESIDENT PRO TEMPORE DECIDES NOT TO RESUME 68
SERVING THE REMAINDER OF THE PRESIDENT PRO TEMPORE'S UNEXPIRED
TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY AS SOON AS THE 70
MAYOR'S SUCCESSOR IS ELECTED AND QUALIFIED, THEN THE VACANCY IN 71
THE OFFICE OF MEMBER OF THE LEGISLATIVE AUTHORITY SHALL BE FILLED 72
IN ACCORDANCE WITH THIS SECTION. 73
(B) Except as otherwise provided in this division, when 75
the office of a member of the legislative authority of a city 76
becomes vacant either because a member ceases to hold the office 77
before the end of his THE MEMBER'S term or because a member-elect 79
fails to take office, the vacancy shall be filled for the 80
remainder of the unexpired term by a person chosen by the 81
residents of that city who are members of the county central 82
committee of the political party by which the last occupant of 83
that office or the member-elect was nominated. If the vacancy 84
occurs in the office of a ward representative in a city where the 85
political party which nominated the last occupant of that office 86
is organized into a city controlling committee with more than one 87
member from the ward where the vacancy exists, the members of the 88
3
city controlling committee representing that ward shall choose 89
the person to fill the vacancy. 90
(C) Not less than five nor more than forty-five days after 92
a vacancy occurs, the specified members of the city or county 93
committee shall meet to make an appointment to fill the vacancy. 94
At least four days before the date of such meeting the chairman 95
CHAIRPERSON or secretary of the city or county committee shall 97
notify each committee member eligible to vote on filling the 98
vacancy by first class mail of the date, time, and place of the 99
meeting and its purpose. A majority of all eligible committee 100
members constitutes a quorum, and a majority of the quorum is 101
required to make the appointment. If election to the office so 102
vacated took place at a nonpartisan election, or if the office 103
was occupied by, or was to be occupied by a person not nominated 104
at a primary election, or if the appointment was not made by the 105
committee members in accordance with this section, the vacancy 106
shall be filled in the same manner as a vacancy in the 107
legislative authority of a village, as provided in this section. 108
Sec. 733.08. (A) In case of the death, resignation, or 117
removal of the mayor, the vacancy in the office of mayor shall be 118
filled for the remainder of the unexpired term, UNTIL A SUCCESSOR 119
IS ELECTED AND QUALIFIED, by a person chosen by the residents of 121
that city who are members of the city central committee if there 122
is one, or if not then of the county central committee, of the 123
political party with which the last occupant of the office was 124
affiliated. If the vacancy occurs because of the death, 125
resignation, or inability to take office of a mayor-elect, an 126
appointment to take the office at the beginning of the term shall 127
be made by the members of the central committee who reside in the 128
city where the vacancy occurs.
Not less than five nor more than forty-five days after the 130
vacancy occurs, the specified members of the city or county 131
committee shall meet to make an appointment to fill the vacancy. 132
Not less than four days before the date of the meeting the 133
4
committee chairman CHAIRPERSON or secretary shall send, by mail 134
to every member eligible to vote on filling the vacancy, a 136
written notice stating the date, time, and place of the meeting 137
and its purpose. A majority of the eligible members present at 138
the meeting may make the appointment. 139
If the last occupant of the office of mayor or the 141
mayor-elect was elected as an independent candidate, the vacancy 142
shall be filled, UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED, by 144
election by the legislative authority for the unexpired term. 145
(B) IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN 147
FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A 148
SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED 149
TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY 150
FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION TO 152
FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON
APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL 153
HOLD THE OFFICE FOR THE UNEXPIRED TERM. IF AN ELECTION IS HELD 155
UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE 156
LEGISLATIVE AUTHORITY UNDER DIVISION (A) OF THIS SECTION SHALL 158
HOLD THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED UNDER 160
THIS DIVISION.
Section 2. That existing sections 731.43 and 733.08 of the 162
Revised Code are hereby repealed. 163