§ 31-4-205 — Council members - vacancies

(1) The legislative and corporate
authority of cities organized under this part 2 shall be vested in the city council
members nominated and elected, two from each ward and one from the city at
large, for a term of two years. Members of the city council shall be registered
electors of the city who have resided in their respective wards for a period of at
least twelve consecutive months immediately preceding the election; except that,
in case the boundaries of the ward are changed pursuant to section 31-2-104 or 31-4-104 or as a result of annexation, any person who has resided within territory
added to the ward for the time prescribed in this subsection (1) shall be deemed to
have met the residence requirements for the ward to which the territory was added.

(2) Within sixty days after a vacancy occurs in the city council, the council
shall:

(a) Appoint a person possessed of all statutory qualifications to fill the
vacancy until the term of office of a successor elected at the next regular election
has commenced as provided in section 31-4-105; or

(b) Order a special election to be held as soon as practicable to fill the
vacancy until the term of office of a successor elected at the next regular election
has commenced as provided in section 31-4-105.

(3) The city council may provide by ordinance for four-year overlapping
terms of office for its members. The city council may reinstate the two-year terms
provided in this section by ordinance. Any ordinance passed pursuant to this
subsection (3) shall be enacted at least one hundred eighty days before the next
regular election and shall be subject, notwithstanding any emergency declaration,
to referendum if such is brought pursuant to section 31-11-105 or pursuant to an
applicable municipal ordinance enacted in accordance with section 1 of article V of
the state constitution. No ordinance enacted pursuant to this subsection (3) shall
extend or reduce the term for which any person was elected. Where four-year
terms have been provided for council members pursuant to section 31-4-107 (3),
council members shall continue to serve four-year terms unless two-year terms are
reinstated pursuant to this subsection (3). If any vacancy occurs in the office of
council member for which a four-year term is in effect pursuant to this subsection
(3), the vacancy shall be filled as provided in subsection (2) of this section. If the
office in which the vacancy occurs is not an office for which a successor would
otherwise have been elected at the next regular election, the term of office of the
successor elected at that regular election shall be shortened so that the following
regular election for the office is held at the time at which it would have been held if
no vacancy had occurred.

(4) If the city council, at the time a vacancy occurs or within sixty days
thereafter, lacks a sufficient number of members to establish a quorum to fill the
vacancy as provided in subsection (2) of this section, the city clerk, without further
action by the city council, shall call a special election to be held as soon as
practicable to fill the vacancy until the term of office of a successor elected at the
next regular election has commenced as provided in section 31-4-105. The council
may cancel the special election if it is able to fill the vacancy before the date of the
special election.

Legislative History

Source: L. 75: Entire title R&RE, p. 1029, � 1, effective July 1. L. 79: (2) and (3) amended, p. 1173, � 6, effective July 1. L. 83: (1) and (3) amended and (2) R&RE, pp. 1255, 1256, �� 6, 7, effective July 1. L. 88: IP(2) amended, p. 1125, � 5, effective April 4. L. 93: (3) amended, p. 698, � 6, effective May 4. L. 95: (3) amended, p. 441, � 27, effective May 8. L. 2023: (2)(b) amended and (4) added, (HB 23-1185), ch. 87, p. 308, � 3, effective August 7.