Question: Should section be amended to insert the following provision: “When the office of a member of Council becomes vacant by reason of recall election or resignation within five days after the notice required by Section 18 of this Charter, the duties of the office of member of Council shall be discharged by a person other than the person removed from office by recall chosen by a majority vote of the Council under the title of Acting Council Member until the successor for the unexpired term of member of Council shall be elected and qualified; provided, however that the Acting Council Member must otherwise meet the qualifications for a member of Council.”?

Proposed Language:

§ 21     Result of Recall Election

If a majority of the votes cast on the question of recalling a member of the Council or Mayor shall be against his recall he shall continue in office for the remainder of his unexpired term, but subject to recall as before. If a majority of the votes be for the recall of the member indicated on the ballots he shall, regardless of any defect in the recall petition, be deemed removed from office. When a person is removed from office by recall, Council shall immediately provide for the nomination and election of his successor for the unexpired term by fixing the time of the elections. The nomination and election of a person to succeed a person so removed shall be held within one hundred and twenty days after the date of the recall election and shall be conducted in the same manner as provided for regular Municipal elections.

When the office of a member of Council becomes vacant by reason of recall election or resignation within five days after the notice required by Section 18 of this Charter, the duties of the office of member of Council shall be discharged by a person other than the person removed from office by recall chosen by a majority vote of the Council under the title of Acting Council Member until the successor for the unexpired term of member of Council shall be elected and qualified; provided, however that the Acting Council Member must otherwise meet the qualifications for a member of Council.

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