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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 445 |
REPRESENTATIVES LOGAN-JACOBSON-LUCAS-GARCIA-OPFER-MAIER-KREBS-
SCHULER-VESPER-HOOD-BENDER-LEWIS-PADGETT-MILLER-
SENATOR LATELL
A BILL
To amend sections 731.43 and 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, and to allow the president
pro tempore of the
legislative authority of a
village having a population of less than two
thousand to choose whether to
resume serving on the legislative authority
after filling a vacancy in the
office of
mayor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 731.43 and 733.08 of the Revised Code be amended
to read as follows:
Sec. 731.43. (A) When (1) EXCEPT AS OTHERWISE PROVIDED
IN DIVISION (A)(2) OF THIS SECTION, WHEN the office of a member
of the
legislative authority of a village becomes vacant, the vacancy
shall be filled by election by the legislative authority for the
unexpired term. If the legislative authority fails within thirty
days to fill such vacancy, the mayor shall fill it by appointment
except that, SUBJECT TO DIVISION (A)(2) OF THIS
SECTION, when the vacancy occurs because of THE operation of
section 733.25 of the Revised Code, the successor shall hold
office only for the period the president pro tempore of the
legislative authority holds the office of mayor.
(2) WHEN A VACANCY OCCURS IN THE OFFICE OF A MEMBER OF THE
LEGISLATIVE AUTHORITY OF A VILLAGE WITH A POPULATION
OF LESS THAN TWO THOUSAND BECAUSE OF THE OPERATION OF SECTION
733.25 OF THE REVISED CODE, AT THE TIME THE
PRESIDENT PRO TEMPORE BECOMES MAYOR THE PRESIDENT PRO TEMPORE
SHALL DECIDE WHETHER THE PRESIDENT PRO TEMPORE WISHES TO SERVE THE REMAINDER
OF THE PRESIDENT PRO TEMPORE'S UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE
AUTHORITY OF THE VILLAGE WHEN THE MAYOR'S SUCCESSOR IS ELECTED
AND QUALIFIED IN ACCORDANCE WITH THAT SECTION. IF THE PRESIDENT
PRO TEMPORE DECIDES TO SERVE THE REMAINDER OF THE PRESIDENT PRO TEMPORE'S
UNEXPIRED TERM AS A MEMBER OF THE LEGISLATIVE AUTHORITY, THE
VACANCY ON THE LEGISLATIVE AUTHORITY SHALL NOT BE FILLED AND THE PRESIDENT PRO
TEMPORE SHALL RESUME SERVING THE PRESIDENT PRO TEMPORE'S UNEXPIRED TERM ON THE
LEGISLATIVE AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS
ELECTED AND QUALIFIED. IF THE PRESIDENT PRO TEMPORE DECIDES NOT
TO RESUME SERVING THE REMAINDER OF THE PRESIDENT PRO TEMPORE'S UNEXPIRED TERM
AS A MEMBER
OF THE LEGISLATIVE AUTHORITY AS SOON AS THE MAYOR'S SUCCESSOR IS
ELECTED AND QUALIFIED, THEN THE VACANCY IN THE OFFICE OF MEMBER
OF THE LEGISLATIVE AUTHORITY SHALL BE FILLED IN ACCORDANCE WITH
THIS SECTION.
(B) Except as otherwise provided in this division, when
the office of a member of the legislative authority of a city
becomes vacant either because a member ceases to hold the office
before the end of his THE MEMBER'S term or because a
member-elect fails to
take office, the vacancy shall be filled for the remainder of the
unexpired term by a person chosen by the residents of that city
who are members of the county central committee of the political
party by which the last occupant of that office or the
member-elect was nominated. If the vacancy occurs in the office
of a ward representative in a city where the political party
which nominated the last occupant of that office is organized
into a city controlling committee with more than one member from
the ward where the vacancy exists, the members of the city
controlling committee representing that ward shall choose the
person to fill the vacancy.
(C) Not less than five nor more than forty-five days after
a vacancy occurs, the specified members of the city or county
committee shall meet to make an appointment to fill the vacancy.
At least four days before the date of such meeting the chairman
CHAIRPERSON
or secretary of the city or county committee shall notify each
committee member eligible to vote on filling the vacancy by first
class mail of the date, time, and place of the meeting and its
purpose. A majority of all eligible committee members
constitutes a quorum, and a majority of the quorum is required to
make the appointment. If election to the office so vacated took
place at a nonpartisan election, or if the office was occupied
by, or was to be occupied by a person not nominated at a primary
election, or if the appointment was not made by the committee
members in accordance with this section, the vacancy shall be
filled in the same manner as a vacancy in the legislative
authority of a village, as provided in this section.
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 sections 731.43 and 733.08 of the Revised Code are
hereby repealed.
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