§ 3-128. Manner of filling

(a) In case of a vacancy in the Office of Mayor, occasioned by death, resignation, removal from said City, permanent inability to serve, failure to elect, or disqualification of the person chosen, the President of the City Council shall act as Mayor until such successor is elected and has qualified.

(b)(1) In case of any vacancy in the City Council from any of the causes described in subsection (a) of this section, the same shall be filled by a new election in the proper ward or City district.

(2) If any City Councilor shall remove out of the ward or City district for which he or she may have been elected or no longer reside in such ward or City district as a result of reapportionment, his or her office shall thereupon become vacant and the same shall be filled by a new election in the proper ward or City district.

(c)(1) In case there shall arise an occasion for any such new election, as a result of a vacancy in the Office of Mayor or City Councilor for any of the causes described in this section, the same shall be held within 90 days of the date of such vacancy, provided such vacancy shall occur before the first day in October in any year, unless a citywide election has been prescheduled to occur between the 90th and the 120th day of the date of such vacancy, in which case the same shall be held on such prescheduled election date; otherwise it shall be filled at the next annual City election.

(2) In every case, the person so elected shall serve for the remainder of the official term.

(3) In the case of reapportionment, such election shall be held at the next ensuing annual City meeting and the term of the City councilor who no longer resides in the ward or City district as a result of reapportionment shall continue until the newly elected City councilor assumes office on the first Monday in April. (Amended 2003, No. M-14, (Adj. Sess.), § 2; 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015.)