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. eks prior to primary <br />election. <br />4.5.5.1 Special election. When a vacancy in an elected office <br />of the city occurs when there is less than eight weeks prior to <br />a primary election there shall be no primary election, except <br />as provided in section 4.5.5.3 below. The special election to <br />fill the vacancy shall coincide with the regular Municipal <br />Election and the notice of such vacancy shall be published as <br />soon as is practicable. <br />Commentary: <br />As noted above, this provision was modified and moved up to below 4.4.1 <br />4.5.5.2 Vacancy in offices to be voted on in the regular Municipal <br />Election. If a vacancy occurs less than eight weeks prior to <br />the primary election, in the office of the mayor or the council <br />members whose seats are to be voted on in the regular <br />Municipal Election, said vacancy shall be considered not to <br />exist for the purpose of the regular Municipal Election. The <br />person elected to fill the vacancy in the regular Municipal <br />Election, if approved by unanimous vote of the sitting <br />council, may assume the duties of the office to which elected <br />on the first business day following the city clerk's issuance of <br />a certificate of election to said person. <br />Commentary: <br />This provision has no application because this situation is controlled by 4.5.3. An <br />office will only be voted on in the regular City election at the regular election in the <br />November prior to the expiration of the term for that office. A vacancy that occurs less <br />than eight weeks prior to the primary election for that regular election will necessarily <br />occur with less than one year remaining in the term. In that case, the Council is required <br />to appoint a person to the office under 4.5.3. <br />11 <br />