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2010 SESSION

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HB 450 Elections; person appointed to fill a vacancy shall exercise all powers of elected office.

Introduced by: R. Lee Ware, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appointments to fill vacancies in local offices.  Provides that persons appointed to serve the remainder of a term due to vacancy in a local office shall exercise all powers of the elected office. The bill also affirms that votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are validated and confirmed as the lawful vote of an elected member of the governing body. Although in conflict with a recent opinion of the Attorney General, the amendments are consistent with case law and an earlier opinion of the Attorney General.

SUMMARY AS PASSED HOUSE:

Elections; appointments to fill vacancies. Requires that special elections to fill vacancies in local offices occurring within 120 days prior to a general election shall be held no later than the second ensuing general election. Persons appointed to serve the remainder of a term due to vacancy shall exercise all powers of the elected office. Affirms that votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are validated and confirmed as the lawful vote of an elected member of the governing body. Although in conflict with a recent opinion of the Attorney General, the amendments are consistent with case law and an earlier opinion of the Attorney General.

SUMMARY AS INTRODUCED:

Elections; appointments to fill vacancies. Requires that special elections to fill vacancies in local offices occurring within 120 days prior to a general election shall be held no later than 90 days after the general election. Persons appointed to serve the remainder of a term due to vacancy shall exercise all powers of the elected office. Affirms that votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are validated and confirmed as the lawful vote of an elected member of the governing body. Although in conflict with a recent opinion of the Attorney General, the amendments are consistent with case law and an earlier opinion of the Attorney General.