§ 12-2. Vacancy in candidacy.

(a)

Regular primary election vacancy. If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period for the primary election as established in the City Charter results in fewer than two (2) candidates remaining for any office in the primary election, the qualifying period for that office shall be reopened for a period of three (3) days following the date the vacancy occurs unless said vacancy occurs less than six (6) days before the date of the primary election. If the vacancy occurs less than six (6) days before the primary election the scheduled primary election for the office wherein the vacancy has occurred shall be cancelled and the qualifying period for such office shall be reopened for three (3) days. All candidates qualifying for such office shall run in the general election and the candidate receiving the highest number of votes shall be elected to the office for which he is a candidate.

(b)

Regular general election vacancy.

(1)

If the death, withdrawal or removal from the ballot of a qualified candidate occurs after the primary election and more than six (6) days before the general election, the candidate receiving the next highest number of votes in the regular primary election for that office shall be placed on the ballot at the general election along with the remaining candidate. If there are no candidates who qualified for the regular municipal primary election available and at least six (6) days remain before the general election, the qualifying period for that office shall be reopened for a period of three (3) days following the date the vacancy occurs and all qualified candidates shall be placed on the ballot at the general election along with the remaining candidate.

(2)

If the death, withdrawal or removal from the ballot of a qualified candidate occurs after the primary election and less than six (6) days before the general election, the general election for such office shall be delayed fourteen (14) days at which time the municipal general election for that office shall take place. Qualifying will be reopened for a period of three (3) days beginning the day after the vacancy occurs.

(c)

No candidate for office. Should vacancies in candidacy leave no candidate remaining for an office less than six (6) days before the general election a special municipal primary election and special municipal election shall be called by the city commission, which elections shall be conducted in accordance with the provisions of Sections 7.09 and 7.10 of the Charter.

(Ord. No. C-91-6, § 1, 1-23-91)