§ 31.17  INABILITY TO ASSUME OFFICE.
   In any general election, where the person who received the highest number of votes is ineligible, disqualified, deceased, or for any other reason is unable to assume the office for which he or she was a candidate, and the electorate had reasonable notice of the disability at the time of the election, the candidate in the election who received the next highest number of votes shall be declared elected, and shall be entitled to the certificate of election; provided, that any candidate so declared elected received not less than 35% of the total number of votes cast for that office in the election. If any of the qualifications of this section are not met by the candidate to be declared elected, or reasonable notice of the winner's ineligibility is not available to the voters, a vacancy in the office shall be declared to exist at the time of commencement of the term and shall be filled as prescribed by law.
(1990 Code, § 1-717)