(a) A vacancy of a municipal office in a municipality, regardless of the classification or form of government of the municipality, shall be filled according to one (1) of the following methods:(1) (A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall elect by a majority vote of the governing body of the municipality a person to serve the unexpired term.(B) (i) Except as otherwise provided under subdivision (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision (a)(1)(A) of this section, a majority of the remaining members of the governing body of the municipality shall fill the vacancy and the governing body of the municipality may appoint any qualified elector of the municipality.(ii) A member of the governing body of the municipality shall not be appointed to fill a vacancy under this section in municipalities with a population of fifty thousand (50,000) or more; or(2) (A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall call a special election to be held at the next special election date under § 7-11-101 et seq. to fill the vacant position for the remainder of the term.(B) (i) If the governing body of a municipality calls for a special election to fill the vacancy under subdivision (a)(2)(A) of this section, the governing body may appoint a qualified elector of the muncipality to serve in the office until the office is filled at the special election.(ii) A member of the governing body of the municipality may be appointed under subdivision (a)(2)(B)(i) of this section to serve in the office until the vacancy is filled at a special election.
(1) (A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall elect by a majority vote of the governing body of the municipality a person to serve the unexpired term.(B) (i) Except as otherwise provided under subdivision (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision (a)(1)(A) of this section, a majority of the remaining members of the governing body of the municipality shall fill the vacancy and the governing body of the municipality may appoint any qualified elector of the municipality.(ii) A member of the governing body of the municipality shall not be appointed to fill a vacancy under this section in municipalities with a population of fifty thousand (50,000) or more; or
(A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall elect by a majority vote of the governing body of the municipality a person to serve the unexpired term.
(B) (i) Except as otherwise provided under subdivision (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision (a)(1)(A) of this section, a majority of the remaining members of the governing body of the municipality shall fill the vacancy and the governing body of the municipality may appoint any qualified elector of the municipality.(ii) A member of the governing body of the municipality shall not be appointed to fill a vacancy under this section in municipalities with a population of fifty thousand (50,000) or more; or
(i) Except as otherwise provided under subdivision (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision (a)(1)(A) of this section, a majority of the remaining members of the governing body of the municipality shall fill the vacancy and the governing body of the municipality may appoint any qualified elector of the municipality.
(ii) A member of the governing body of the municipality shall not be appointed to fill a vacancy under this section in municipalities with a population of fifty thousand (50,000) or more; or
(2) (A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall call a special election to be held at the next special election date under § 7-11-101 et seq. to fill the vacant position for the remainder of the term.(B) (i) If the governing body of a municipality calls for a special election to fill the vacancy under subdivision (a)(2)(A) of this section, the governing body may appoint a qualified elector of the muncipality to serve in the office until the office is filled at the special election.(ii) A member of the governing body of the municipality may be appointed under subdivision (a)(2)(B)(i) of this section to serve in the office until the vacancy is filled at a special election.
(A) At the first council meeting after the declaration of the vacancy, the governing body of the municipality shall call a special election to be held at the next special election date under § 7-11-101 et seq. to fill the vacant position for the remainder of the term.
(B) (i) If the governing body of a municipality calls for a special election to fill the vacancy under subdivision (a)(2)(A) of this section, the governing body may appoint a qualified elector of the muncipality to serve in the office until the office is filled at the special election.(ii) A member of the governing body of the municipality may be appointed under subdivision (a)(2)(B)(i) of this section to serve in the office until the vacancy is filled at a special election.
(i) If the governing body of a municipality calls for a special election to fill the vacancy under subdivision (a)(2)(A) of this section, the governing body may appoint a qualified elector of the muncipality to serve in the office until the office is filled at the special election.
(ii) A member of the governing body of the municipality may be appointed under subdivision (a)(2)(B)(i) of this section to serve in the office until the vacancy is filled at a special election.
(b) For a vacancy filled under subsection (a) of this section in a municipality having a mayor, the appointment is not subject to veto by the mayor.