(a) Whenever the office of Ward Councilperson shall become vacant, the vacancy shall be filled by electing a successor to the office for the unexpired term. A successor shall be elected to the office for the unexpired term at a special election called by the Mayor to be held within one hundred ten (110) days after the said vacancy has occurred. In the event that a vacancy occurs and the balance of the unexpired term is one hundred eighty (180) days or less, the vacancy shall be filled by appointment by a majority vote of all of the remaining members of Council; and if the vacancy shall not be filled within thirty (30) days, the Mayor shall fill such vacancy by appointment.
Said special election shall be governed in all respects by the provisions contained in Article X of this Charter controlling regular municipal elections, except that:
(1) The date of the special election shall be set forth in the call by the Mayor.
(2) The special primary election shall be on the seventh (7th) Tuesday prior to said election.
(3) The Petition papers of any candidate shall be filed at or before 4:00 p.m., of the thirtieth (30th) day next preceding the special primary election day.
(4) Within one (1) day after the filing of such petition the election authorities shall notify the candidate in writing, mailed to the address stated in the petition, if such petition is sufficient, and if so, the name of such candidate shall be placed upon the proper ballot as required by law and this Charter. If the election authorities find that a petition is insufficient or incorrect in form or substance the same shall be returned by registered mail to the candidate with an explanation of the reason for its return. In such case, the candidate shall have an additional five (5) days from the date of such mailing in which to file additional signatures or to correct the errors in the original petition, if possible, and to refile the petition with the election authorities, not later than 4:00 p.m., on said fifth (5th) day. Upon such refiling if the petition is found by the election authorities to be sufficient in form, and substance, the candidate shall be so notified and his/her name placed upon the proper ballot as required by law and this Charter. If the petition as refiled is not sufficient or correct, it shall be rejected, and the candidate so notified by mail.
However, in the event there are only two or less candidates seeking to fill the vacancy, then in that event the special general election shall be held on the date designated for the special primary election and the candidate receiving the highest number of votes at the special election shall be declared to be elected and fill said vacancy for the unexpired term. In the event there are three or more candidates seeking to fill the vacancy then the special primary and special general election provided for in Article X shall be held on the dates set forth in the Mayor's call.
(b) Vacancy in Office of Councilperson-at-large or Council President. Any vacancy in the office of Councilperson-at-large or Council President, whether occurring by death or disqualification, removal or resignation or by succession to the office of the Mayor, shall be filled by appointment by a majority vote of the remaining members of Council from among its own members, and the person so chosen shall hold office for the balance of the unexpired term. If the vacancy be not so filled within thirty (30) days, the Mayor shall fill it by appointment from the remaining members of the Council. The vacancy thus created in the Council shall be filled in the manner hereinbefore provided in this Charter. Provided, however, that in the event a vacancy in the office of Councilperson-at-large or Council President cannot be filled from the remaining members of Council, then and in that event the vacancy shall be filled in accordance with the provisions of Section 4 of Article III.
(Approved by voters June 3, 1975.)