Question: Should section be amended to provide that special elections to fill a vacancy in the office of Council shall be conducted on the first Tuesday after 75 days (not 60 days) from the date on which the vacancy occurs, at which time the primary shall be held, and on the 8th Tuesday (not the 5th Tuesday) following the primary the special municipal election to fill the vacancy shall be held?

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. The aforesaid special municipal elections shall be held on the first Tuesday after seventy-five days from the day on which the vacancy first occurs, at which time the primary election shall be held, and on the eighth 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.

Advertisements