US Laws, Codes, Statutes & Cases

 
    §  25.  Election;  term;  vacancies.  a.  The council members shall be
  elected  at  the  general  election  in  the   year   nineteen   hundred
  seventy-seven and every fourth year thereafter and the term of office of
  each council member shall commence on the first day of January after the
  elections  and  shall  continue  for  four  years  thereafter; provided,
  however, that the council member elected at the general election in  the
  year two thousand and one and at the general election in every twentieth
  year  thereafter  shall  serve for a term of two years commencing on the
  first day of January after such election; and provided further  that  an
  additional  election  of  Council  Members  shall be held at the general
  election in the year two thousand three  and  at  the  general  election
  every  twentieth  year  thereafter  and that the members elected at each
  such additional election shall serve for a term of two  years  beginning
  on the first day of January after such election.
    Notwithstanding  any  other  provision of this charter or other law, a
  full term of two years, as established by  this  subsection,  shall  not
  constitute  a  full term under section 1138 of this charter, except that
  two consecutive full terms of two years shall constitute one  full  term
  under  section  1138.  A member of the council who resigns or is removed
  from office prior to the completion of a full term shall  be  deemed  to
  have  held  that  office for a full term for purposes of section 1138 of
  the charter.
    b. Any vacancy which may occur among  the  council  members  shall  be
  filled by popular election in the following manner.
    1.  Within  three  days of the occurrence of a vacancy in the council,
  the mayor shall proclaim the date for the election or elections required
  by this subdivision, provide notice of such  proclamation  to  the  city
  clerk  and the board of elections and publish notice thereof in the City
  Record. After the proclamation of the date for an election  to  be  held
  pursuant  to paragraphs four or five of this subdivision, the city clerk
  shall publish notice thereof not less than twice in each week  preceding
  the date of such election in newspapers distributed within the city, and
  the  board  of  elections  shall  mail  notice  of  such election to all
  registered voters within the district in which the  election  is  to  be
  held.
    2.  If  a  vacancy  occurs during the first three years of a four-year
  term or the first year of a two-year term, a general  election  to  fill
  the vacancy for the remainder of the unexpired term shall be held in the
  year  in  which  the vacancy occurs, unless the vacancy occurs after the
  last day on which an occurring vacancy may  be  filled  at  the  general
  election in that same year with party nominations of candidates for such
  election  being made at a primary election, as provided in section 6-116
  of the election law. If such a vacancy occurs in  any  year  after  such
  last  day, it shall be filled for the remainder of the unexpired term at
  the general election in the following year provided,  however,  that  no
  general election to fill a vacancy shall be held in the last year of the
  term,  except  as  provided in paragraph nine of this subdivision. Party
  nominations of candidates for a general election to fill a  vacancy  for
  the remainder of the unexpired term shall be made at a primary election,
  except as provided in paragraph five of this subdivision.
    3.  If a special or general election to fill the vacancy on an interim
  basis has not been previously held pursuant  to  paragraphs  four,  six,
  seven  and  eight  of  this  subdivision, the person elected to fill the
  vacancy for the remainder of the unexpired term at  a  general  election
  shall  take  office immediately upon qualification and shall serve until
  the term expires. If a special or general election to fill  the  vacancy
  on an interim basis has been previously held, the person elected to fill
  the  vacancy  for  the  remainder  of  the  unexpired  term at a general

  election shall take office on January first of the year  following  such
  general election and shall serve until the term expires.
    4.  If  a  vacancy  occurs during the first three years of a four-year
  term or in the first year of a two-year term and on or before  the  last
  day in the third year of such a four-year term or the first year of such
  a  two-year  term  on  which  an occurring vacancy may be filled for the
  remainder of the  unexpired  term  at  a  general  election  with  party
  nominations  of  candidates  for  such  election being made at a primary
  election, as provided in section 6-116 of the election law, a special or
  general election to fill the vacancy on an interim basis shall be  held,
  unless  the vacancy occurs less than ninety days before the next primary
  election at which party nominations for a general election to  fill  the
  vacancy  may be made and on or before the last day on which an occurring
  vacancy may be filled for the remainder of the  unexpired  term  at  the
  general election in the same year in which the vacancy occurs with party
  nominations  of  candidates  for  such  election being made at a primary
  election, as provided in section 6-116 of the election law.
    5. If a vacancy occurs after the last day  in  the  third  year  of  a
  four-year  term  or  the  first  year  of  a  two-year  term on which an
  occurring vacancy may be filled for the remainder of the unexpired  term
  at  a general election in each year with party nominations of candidates
  for such election being made at  a  primary  election,  as  provided  in
  section  6-116 of the election law, but not less than ninety days before
  the date of the primary election in the fourth year of such a  four-year
  term  or  the  second year of such a two-year term, a special or general
  election to fill such vacancy for the remainder of  the  unexpired  term
  shall be held.
    6.  Elections  held  pursuant  to  paragraph  four  or  five  of  this
  subdivision shall be  scheduled  in  the  following  manner:  A  special
  election to fill the vacancy shall be held on the first Tuesday at least
  forty-five  days  after the occurrence of the vacancy, provided that the
  mayor,  in  the  proclamation  required  by  paragraph   one   of   this
  subdivision, may schedule such election for another day no more than ten
  days  after  such  Tuesday  and  not  less  than  forty  days after such
  proclamation if the mayor determines that such rescheduling is necessary
  to facilitate maximum voter participation; except that
    (a) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is less than ninety days before a  regularly  scheduled  general
  election  or between a primary and a general election, the vacancy shall
  be filled at such general election;
    (b) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is after a regularly scheduled  general  election,  the  vacancy
  shall be filled at such general election; and
    (c)  if the vacancy occurs on or after September twentieth in any year
  and the first Tuesday at least forty-five days after the  occurrence  of
  the  vacancy  is  after,  but  less  than thirty days after, a regularly
  scheduled general election, the vacancy shall be  filled  at  a  special
  election to be held on the first Tuesday in December in such year.
    7.  All  nominations  for elections to fill vacancies held pursuant to
  paragraphs four and five of this subdivision  shall  be  by  independent
  nominating  petition.  A signature on an independent nominating petition
  made earlier than the date of the proclamation required by paragraph one
  of this subdivision shall not be counted.
    8. A person elected to fill a vacancy in the council  at  an  election
  held  pursuant  to  paragraph four of this subdivision shall take office
  immediately upon qualification and serve until December thirty-first  of

  the  year  in  which  the  vacancy  is  filled  for the remainder of the
  unexpired term pursuant to paragraph two of this subdivision.  A  person
  elected to fill a vacancy in the council at an election held pursuant to
  paragraph  five  of  this subdivision shall take office immediately upon
  qualification and serve until the term expires.
    9. If a vacancy occurs less than ninety days before the  date  of  the
  primary election in the last year of the term, the person elected at the
  general  election  in  such year for the next succeeding term shall take
  office immediately upon qualification  and  fill  the  vacancy  for  the
  remainder of the unexpired term.