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
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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
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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
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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