As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                             Am. H. B. No. 445   6            

      1997-1998                                                    7            


 REPRESENTATIVES LOGAN-JACOBSON-LUCAS-GARCIA-OPFER-MAIER-KREBS-    9            

        SCHULER-VESPER-HOOD-BENDER-LEWIS-PADGETT-MILLER-           10           

                         SENATOR LATELL                            11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 731.43 and 733.08 of the Revised    15           

                Code to require that when a vacancy in the office  17           

                of mayor of a city occurs under  certain           18           

                circumstances, an election be held to fill the     19           

                office for part of the unexpired  term, and to     20           

                allow the president  pro tempore of the            21           

                legislative authority of a village having a        23           

                population of less than two  thousand to choose    24           

                whether to resume serving on the legislative       25           

                authority  after filling a vacancy in the office   27           

                of  mayor.                                         28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 731.43 and 733.08 of the Revised   32           

Code be amended to read as follows:                                33           

      Sec. 731.43.  (A)  When (1)  EXCEPT AS OTHERWISE PROVIDED    42           

IN DIVISION (A)(2) OF THIS SECTION, WHEN the office of a member    43           

of the legislative authority of a village becomes vacant, the      45           

vacancy shall be filled by election by the legislative authority   46           

for the unexpired term.  If the legislative authority fails        47           

within thirty days to fill such vacancy, the mayor shall fill it   48           

by appointment except that, SUBJECT TO DIVISION (A)(2) OF THIS     49           

SECTION, when the vacancy occurs because of THE operation of       50           

section 733.25 of the Revised Code, the successor shall hold       51           

                                                          2      

                                                                 
office only for the period the president pro tempore of the        52           

legislative authority holds the office of mayor.                   53           

      (2)  WHEN A VACANCY OCCURS IN THE OFFICE OF A MEMBER OF THE  55           

LEGISLATIVE AUTHORITY OF A VILLAGE WITH A POPULATION OF LESS THAN  57           

TWO THOUSAND BECAUSE OF THE OPERATION OF SECTION 733.25 OF THE     58           

REVISED CODE, AT THE TIME THE PRESIDENT PRO TEMPORE BECOMES MAYOR  59           

THE PRESIDENT PRO TEMPORE SHALL DECIDE WHETHER THE PRESIDENT PRO   60           

TEMPORE WISHES TO SERVE THE REMAINDER OF THE PRESIDENT PRO         61           

TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY  62           

OF THE VILLAGE WHEN THE MAYOR'S SUCCESSOR IS ELECTED AND           63           

QUALIFIED IN ACCORDANCE WITH THAT SECTION.  IF THE PRESIDENT PRO   64           

TEMPORE DECIDES TO SERVE THE REMAINDER OF THE PRESIDENT PRO                     

TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE            65           

AUTHORITY, THE VACANCY ON THE LEGISLATIVE AUTHORITY SHALL NOT BE   66           

FILLED AND THE PRESIDENT PRO TEMPORE SHALL RESUME SERVING THE      67           

PRESIDENT PRO TEMPORE'S UNEXPIRED TERM ON THE LEGISLATIVE          68           

AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS ELECTED AND          69           

QUALIFIED.  IF THE PRESIDENT PRO TEMPORE DECIDES NOT TO RESUME     70           

SERVING THE REMAINDER OF THE PRESIDENT PRO TEMPORE'S UNEXPIRED                  

TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY AS SOON AS THE       72           

MAYOR'S SUCCESSOR IS ELECTED AND QUALIFIED, THEN THE VACANCY IN    73           

THE OFFICE OF MEMBER OF THE LEGISLATIVE AUTHORITY SHALL BE FILLED  74           

IN ACCORDANCE WITH THIS SECTION.                                   75           

      (B)  Except as otherwise provided in this division, when     77           

the office of a member of the legislative authority of a city      78           

becomes vacant either because a member ceases to hold the office   79           

before the end of his THE MEMBER'S term or because a member-elect  81           

fails to take office, the vacancy shall be filled for the          82           

remainder of the unexpired term by a person chosen by the          83           

residents of that city who are members of the county central       84           

committee of the political party by which the last occupant of     85           

that office or the member-elect was nominated.  If the vacancy     86           

occurs in the office of a ward representative in a city where the  87           

political party which nominated the last occupant of that office   88           

                                                          3      

                                                                 
is organized into a city controlling committee with more than one  89           

member from the ward where the vacancy exists, the members of the  90           

city controlling committee representing that ward shall choose     91           

the person to fill the vacancy.                                    92           

      (C)  Not less than five nor more than forty-five days after  94           

a vacancy occurs, the specified members of the city or county      95           

committee shall meet to make an appointment to fill the vacancy.   96           

At least four days before the date of such meeting the chairman    97           

CHAIRPERSON or secretary of the city or county committee shall     99           

notify each committee member eligible to vote on filling the       100          

vacancy by first class mail of the date, time, and place of the    101          

meeting and its purpose.  A majority of all eligible committee     102          

members constitutes a quorum, and a majority of the quorum is      103          

required to make the appointment.  If election to the office so    104          

vacated took place at a nonpartisan election, or if the office     105          

was occupied by, or was to be occupied by a person not nominated   106          

at a primary election, or if the appointment was not made by the   107          

committee members in accordance with this section, the vacancy     108          

shall be filled in the same manner as a vacancy in the             109          

legislative authority of a village, as provided in this section.   110          

      Sec. 733.08.  (A)  In case of the death, resignation, or     119          

removal of the mayor, the vacancy in the office of mayor shall be  120          

filled for the remainder of the unexpired term, UNTIL A SUCCESSOR  121          

IS ELECTED AND QUALIFIED, by a person chosen by the residents of   123          

that city who are members of the city central committee if there   124          

is one, or if not then of the county central committee, of the     125          

political party with which the last occupant of the office was     126          

affiliated.  If the vacancy occurs because of the death,           127          

resignation, or inability to take office of a mayor-elect, an      128          

appointment to take the office at the beginning of the term shall  129          

be made by the members of the central committee who reside in the  130          

city where the vacancy occurs.                                                  

      Not less than five nor more than forty-five days after the   132          

vacancy occurs, the specified members of the city or county        133          

                                                          4      

                                                                 
committee shall meet to make an appointment to fill the vacancy.   134          

Not less than four days before the date of the meeting the         135          

committee chairman CHAIRPERSON or secretary shall send, by mail    136          

to every member eligible to vote on filling the vacancy, a         138          

written notice stating the date, time, and place of the meeting    139          

and its purpose. A majority of the eligible members present at     140          

the meeting may make the appointment.                              141          

      If the last occupant of the office of mayor or the           143          

mayor-elect was elected as an independent candidate, the vacancy   144          

shall be filled, UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED, by    146          

election by the legislative authority for the unexpired term.      147          

      (B)  IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN    149          

FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A           150          

SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED      151          

TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY    152          

FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION TO  154          

FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON                        

APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL      155          

HOLD THE OFFICE FOR THE UNEXPIRED TERM.  IF AN ELECTION IS HELD    157          

UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE        158          

LEGISLATIVE AUTHORITY UNDER DIVISION (A) OF THIS SECTION SHALL     160          

HOLD THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED UNDER   162          

THIS DIVISION.                                                                  

      Section 2.  That existing sections 731.43 and 733.08 of the  164          

Revised Code are hereby repealed.                                  165