Question: Should section be amended to provide that the provision regarding special elections to fill vacancies in the Council read as follows: “If a general election is to be held upon a date not less than 160 days nor more than one year after the occurrence of the vacancy, the special municipal election shall be held at the general election and a special primary election to nominate candidates for the vacancy shall be held on the eighth Tuesday prior to the general election.”?

Proposed Language:

§ 24     Powers, Terms and Vacancies

The legislative powers of the City, except as reserved to the people by this Charter, shall be vested in a Council, each member of which shall be elected from a separate ward. Members of Council shall be elected for a term of four years and shall serve until their successors are chosen and have qualified.

If at any time, the office of a member is vacant by reason of non-election, death, resignation, removal of residence from the ward represented or from any other cause whatsoever, except when the vacancy is caused by a recall petition, such vacancy shall be filled by the Council for the unexpired term; provided, however, that if the vacancy occurs at any time which is more than one year before the next regular municipal election, the person selected by the Council to fill the vacancy shall hold office until the person’s successor is elected at special municipal elections to be held in accordance with this section and is qualified. If a general election is to be held upon a date not less than 160 days nor more than one year after the occurrence of the vacancy, the special municipal election shall be held at the general election and a special primary election to nominate candidates for the vacancy shall be held on the eighth Tuesday prior to the general election. Otherwise, the aforesaid special municipal elections shall be held on the first Tuesday after sixty days from the day on which the vacancy first occurs, at which time the primary election shall be held, and on the fifth Tuesday following the primary election, at which time the final special municipal election shall be held, and all the provisions in this Charter contained as to nomination and election of candidates for member of Council at regular municipal elections shall apply to the special municipal elections. The person so elected shall hold office for the unexpired portion of the term in which the vacancy in the office of member of Council occurred and until the person’s successor is elected and qualified and shall assume office immediately upon election and qualification.