§ 5-103. Special elections; filling of vacancies.

(a)

In the event the office of mayor, president of the council, or councilmember shall become vacant by reason of death, resignation, or any other cause, the council shall, within 15 days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the city, except:

(1)

If a regular election for the office of mayor is to be held within one year after the date that a vacancy in the office of mayor occurs, the president of the council shall assume and discharge the powers and duties of the office of mayor for the duration of the mayor's unexpired term, and the president pro tempore shall perform the duties of the president of the council during such period;

(2)

If a regular election for the office of the president of the council is to be held within one year after the date that a vacancy occurs in the office president of the council, the president pro tempore shall assume and discharge the powers and duties of the office of the president of the council during such period;

(3)

If a regular election for the office of councilmember is to be held within one year after the date that a vacancy occurs in the office of councilmember, the remaining members of the council shall by majority vote appoint a qualified person to fill the vacancy. The members of the council shall appoint such person within 30 days of the date the vacancy occurs.

(b)

If any elected officer of the city qualifies for another municipal, county, state, or federal elective office, his or her resignation shall be governed solely by Article II, Section II, Paragraph V, of the Constitution of the State of Georgia.

(c)

Every special election shall be held and conducted in accordance with the Georgia election code and rules of the State of Georgia and Fulton and DeKalb County Election Boards.

(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2008-82(08-O-1903), § 1, 11-6-08)