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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 445 |
REPRESENTATIVE LOGAN
A BILL
To amend section 733.08 of the Revised Code to require that when a vacancy in
the office of mayor of a city occurs under
certain circumstances, an election
be held to fill the office for part of the unexpired
term.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 733.08 of the Revised Code be amended
to read as follows:
Sec. 733.08. (A) In case of the death, resignation, or removal
of the mayor, the vacancy in the office of mayor shall be filled
for the remainder of the unexpired term, UNTIL A SUCCESSOR IS
ELECTED AND QUALIFIED, by a person chosen by the
residents of that city who are members of the city central
committee if there is one, or if not then of the county central
committee, of the political party with which the last occupant of
the office was affiliated. If the vacancy occurs because of the
death, resignation, or inability to take office of a mayor-elect,
an appointment to take the office at the beginning of the term
shall be made by the members of the central committee who reside
in the city where the vacancy occurs.
Not less than five nor more than forty-five days after the
vacancy occurs, the specified members of the city or county
committee shall meet to make an appointment to fill the vacancy.
Not less than four days before the date of the meeting the
committee chairman CHAIRPERSON or secretary shall send, by mail
to every
member eligible to vote on filling the vacancy, a written notice
stating the date, time, and place of the meeting and its purpose.
A majority of the eligible members present at the meeting may
make the appointment.
If the last occupant of the office of mayor or the
mayor-elect was elected as an independent candidate, the vacancy
shall be filled, UNTIL A SUCCESSOR IS ELECTED AND
QUALIFIED, by election by the legislative authority for the
unexpired term.
(B) IF A VACANCY IN THE OFFICE OF MAYOR OCCURS MORE THAN
FORTY DAYS BEFORE THE NEXT REGULAR MUNICIPAL ELECTION, A
SUCCESSOR SHALL BE ELECTED AT THAT ELECTION FOR THE UNEXPIRED
TERM UNLESS THE UNEXPIRED TERM ENDS WITHIN ONE YEAR IMMEDIATELY
FOLLOWING THE DATE OF THAT ELECTION, IN WHICH CASE AN ELECTION
TO FILL THE UNEXPIRED TERM SHALL NOT BE HELD AND THE PERSON
APPOINTED OR ELECTED UNDER DIVISION (A) OF THIS SECTION SHALL HOLD
THE
OFFICE FOR THE UNEXPIRED TERM. IF AN ELECTION IS HELD
UNDER THIS DIVISION, THE PERSON APPOINTED OR ELECTED BY THE
LEGISLATIVE AUTHORITY UNDER DIVISION
(A) OF THIS SECTION SHALL HOLD
THE OFFICE UNTIL A SUCCESSOR IS ELECTED AND
QUALIFIED UNDER THIS DIVISION.
Section 2. That existing section 733.08 of the Revised Code is
hereby repealed.
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