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Sec. 4.5. - Vacancy of municipal elected office. <br />4.5.1 When a vacancy in an elected office of the city occurs with <br />365 days or more remaining in the term of the vacated office, <br />there shall be a special election held within 90 days after the <br />vacancy occurs to elect a successor shall be elected by special <br />primary and special election on the next practicable election <br />dates to serve for the remainder of the unexpired term of the <br />office vacated. <br />4.5.1.1 When a vacancy in an elected office of the city occurs when there is less <br />than eight weeks prior to a regular primary election, the special primary <br />election to fill the vacancy shall coincide with the regular Municipal <br />Election, the election to fill the vacancy shall be held on the next election <br />date thereafter, and the notice of such vacancy shall be published as soon as <br />is practicable. <br />Commentary: <br />The requirement that a special election occur within 90 days in this scenario <br />conflicts with state law. The 90-day election timing ignores the need for a primary and <br />ignores the limitations on certain election dates specified by state law. The easiest way to <br />ensure that this language is compliant with state law is to remove the 90-day timeline <br />while retaining the requirement that a successor be elected to fill the vacancy. <br />Paragraph 4.5.1.1 is the former 4.5.5.1, as modified to provide for a primary <br />election. It was moved to this location because it is a subset of the circumstances in 4.5.1 <br />(vacancy when more than a year remaining in the term). <br />9 <br />