As Passed by the Senate 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
SENATOR LATELL 10
12
A B I L L
To amend sections 731.43 and 733.08 of the Revised 14
Code to require that when a vacancy in the office 16
of mayor of a city occurs under certain 17
circumstances, an election be held to fill the 18
office for part of the unexpired term, and to 19
allow the president pro tempore of the 20
legislative authority of a village having a 22
population of less than two thousand to choose 23
whether to resume serving on the legislative 24
authority after filling a vacancy in the office 26
of mayor. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 731.43 and 733.08 of the Revised 31
Code be amended to read as follows: 32
Sec. 731.43. (A) When (1) EXCEPT AS OTHERWISE PROVIDED 41
IN DIVISION (A)(2) OF THIS SECTION, WHEN the office of a member 42
of the legislative authority of a village becomes vacant, the 44
vacancy shall be filled by election by the legislative authority 45
for the unexpired term. If the legislative authority fails 46
within thirty days to fill such vacancy, the mayor shall fill it 47
by appointment except that, SUBJECT TO DIVISION (A)(2) OF THIS 48
SECTION, when the vacancy occurs because of THE operation of 49
section 733.25 of the Revised Code, the successor shall hold 50
office only for the period the president pro tempore of the 51
2
legislative authority holds the office of mayor. 52
(2) WHEN A VACANCY OCCURS IN THE OFFICE OF A MEMBER OF THE 54
LEGISLATIVE AUTHORITY OF A VILLAGE WITH A POPULATION OF LESS THAN 56
TWO THOUSAND BECAUSE OF THE OPERATION OF SECTION 733.25 OF THE 57
REVISED CODE, AT THE TIME THE PRESIDENT PRO TEMPORE BECOMES MAYOR 58
THE PRESIDENT PRO TEMPORE SHALL DECIDE WHETHER THE PRESIDENT PRO 59
TEMPORE WISHES TO SERVE THE REMAINDER OF THE PRESIDENT PRO 60
TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY 61
OF THE VILLAGE WHEN THE MAYOR'S SUCCESSOR IS ELECTED AND 62
QUALIFIED IN ACCORDANCE WITH THAT SECTION. IF THE PRESIDENT PRO 63
TEMPORE DECIDES TO SERVE THE REMAINDER OF THE PRESIDENT PRO
TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE 64
AUTHORITY, THE VACANCY ON THE LEGISLATIVE AUTHORITY SHALL NOT BE 65
FILLED AND THE PRESIDENT PRO TEMPORE SHALL RESUME SERVING THE 66
PRESIDENT PRO TEMPORE'S UNEXPIRED TERM ON THE LEGISLATIVE 67
AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS ELECTED AND 68
QUALIFIED. IF THE PRESIDENT PRO TEMPORE DECIDES NOT TO RESUME 69
SERVING THE REMAINDER OF THE PRESIDENT PRO TEMPORE'S UNEXPIRED
TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY AS SOON AS THE 71
MAYOR'S SUCCESSOR IS ELECTED AND QUALIFIED, THEN THE VACANCY IN 72
THE OFFICE OF MEMBER OF THE LEGISLATIVE AUTHORITY SHALL BE FILLED 73
IN ACCORDANCE WITH THIS SECTION. 74
(B) Except as otherwise provided in this division, when 76
the office of a member of the legislative authority of a city 77
becomes vacant either because a member ceases to hold the office 78
before the end of his THE MEMBER'S term or because a member-elect 80
fails to take office, the vacancy shall be filled for the 81
remainder of the unexpired term by a person chosen by the 82
residents of that city who are members of the county central 83
committee of the political party by which the last occupant of 84
that office or the member-elect was nominated. If the vacancy 85
occurs in the office of a ward representative in a city where the 86
political party which nominated the last occupant of that office 87
is organized into a city controlling committee with more than one 88
3
member from the ward where the vacancy exists, the members of the 89
city controlling committee representing that ward shall choose 90
the person to fill the vacancy. 91
(C) Not less than five nor more than forty-five days after 93
a vacancy occurs, the specified members of the city or county 94
committee shall meet to make an appointment to fill the vacancy. 95
At least four days before the date of such meeting the chairman 96
CHAIRPERSON or secretary of the city or county committee shall 98
notify each committee member eligible to vote on filling the 99
vacancy by first class mail of the date, time, and place of the 100
meeting and its purpose. A majority of all eligible committee 101
members constitutes a quorum, and a majority of the quorum is 102
required to make the appointment. If election to the office so 103
vacated took place at a nonpartisan election, or if the office 104
was occupied by, or was to be occupied by a person not nominated 105
at a primary election, or if the appointment was not made by the 106
committee members in accordance with this section, the vacancy 107
shall be filled in the same manner as a vacancy in the 108
legislative authority of a village, as provided in this section. 109
Sec. 733.08. (A) In case of the death, resignation, or 118
removal of the mayor, the vacancy in the office of mayor shall be 119
filled for the remainder of the unexpired term, UNTIL A SUCCESSOR 120
IS ELECTED AND QUALIFIED, by a person chosen by the residents of 122
that city who are members of the city central committee if there 123
is one, or if not then of the county central committee, of the 124
political party with which the last occupant of the office was 125
affiliated. If the vacancy occurs because of the death, 126
resignation, or inability to take office of a mayor-elect, an 127
appointment to take the office at the beginning of the term shall 128
be made by the members of the central committee who reside in the 129
city where the vacancy occurs.
Not less than five nor more than forty-five days after the 131
vacancy occurs, the specified members of the city or county 132
committee shall meet to make an appointment to fill the vacancy. 133
4
Not less than four days before the date of the meeting the 134
committee chairman CHAIRPERSON or secretary shall send, by mail 135
to every member eligible to vote on filling the vacancy, a 137
written notice stating the date, time, and place of the meeting 138
and its purpose. A majority of the eligible members present at 139
the meeting may make the appointment. 140
If the last occupant of the office of mayor or the 142
mayor-elect was elected as an independent candidate, the vacancy 143
shall be filled, UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED, by 145
election by the legislative authority for the unexpired term. 146
(B) IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN 148
FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A 149
SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED 150
TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY 151
FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION TO 153
FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON
APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL 154
HOLD THE OFFICE FOR THE UNEXPIRED TERM. IF AN ELECTION IS HELD 156
UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE 157
LEGISLATIVE AUTHORITY UNDER DIVISION (A) OF THIS SECTION SHALL 159
HOLD THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED UNDER 161
THIS DIVISION.
Section 2. That existing sections 731.43 and 733.08 of the 163
Revised Code are hereby repealed. 164