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first Tuesday after the first Monday in November of the next <br />even year following the vacancy. The person elected at that <br />special election to fill the balance of the unexpired term shall <br />take office immediately after being qualified. <br />In the event that a vacancy in an elected office of the city <br />occurs less than [15 weeks before the second Tuesday in <br />August in the third year of the term or 17 weeks before the <br />first Tuesday after the first Monday in November in the third <br />year of the term], no special election shall be held. In that <br />event, the person elected to that office at the municipal <br />general election for the ensuing term shall take office <br />immediately after being qualified. <br />Under that language, a vacancy that occurs in the first year of the term would be <br />filled in the next municipal general election, i.e., a vacancy in 2019 is filled at the 2020 <br />election for the rest of the term. A vacancy that occurs in the second year of the term or <br />prior to the cutoff date in the third year of the term would be filled in the second even - <br />year election of the term, i.e. a vacancy in 2020 or the first part of 2021 would be filled at <br />the 2022 election for the rest of the term into the next term. A vacancy in the second part <br />of 2021 or 2022, as the time after the cutoff date in the third year and any time in the <br />fourth year, would simply be filled as normal in the next municipal general election <br />except that the person elected would take office immediately and continue to serve into <br />the next term. <br />Other portions of this section: <br />4.5.2 The city clerk shall give at least 60 days published prior <br />notice of such special election, except as set forth under 4.5.5 <br />of this section. <br />Commentary: <br />The requirement of section 4.5.2 is simply that there be a longer period of <br />published notice for special elections for vacancies. There is nothing that would prevent <br />that in statute, but there is also no need for it, if the special election language is corrected <br />to ensure that special elections are permitted at more regular occasions. Again, it is <br />unlikely that any voter learns of an election only through the notice provided as a result <br />of the statutory or Charter requirements. <br />4.5.3 The procedure at such election and assumption of duties <br />of elected officers following such election shall conform as <br />11 <br />