§ 160A-63. Vacancies.
§ 160A‑63. Vacancies.
A vacancy that occurs in an elective office of a city shall be filledby appointment of the city council. If the term of the office expiresimmediately following the next regular city election, or if the next regularcity election will be held within 90 days after the vacancy occurs, the personappointed to fill the vacancy shall serve the remainder of the unexpired term.Otherwise, a successor shall be elected at the next regularly scheduled cityelection that is held more than 90 days after the vacancy occurs, and theperson appointed to fill the vacancy shall serve only until the electedsuccessor takes office. The elected successor shall then serve the remainder ofthe unexpired term. If the number of vacancies on the council is such that aquorum of the council cannot be obtained, the mayor shall appoint enoughmembers to make up a quorum, and the council shall then proceed to fill theremaining vacancies. If the number of vacancies on the council is such that aquorum of the council cannot be obtained and the office of mayor is vacant, theGovernor may fill the vacancies upon the request of any remaining member of thecouncil, or upon the petition of any five registered voters of the city.Vacancies in appointive offices shall be filled by the same authority thatmakes the initial appointment. This section shall not apply to vacancies incities that have not held a city election, levied any taxes, or engaged in anymunicipal functions for a period of five years or more.
In cities whose elections are conducted on a partisan basis, a personappointed to fill a vacancy in an elective office shall be a member of the samepolitical party as the person whom he replaces if that person was elected asthe nominee of a political party. (R.C., c. 111, ss. 9, 10; Code, ss. 3793, 3794; Rev., ss. 2921, 2931;C.S., ss. 2629, 2631; 1971, c. 698, s. 1; 1973, c. 426, s. 11; c. 827, s. 1;1983, c. 827, s. 1.)