Montana Code Annotated 2005

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     7-4-4112. Filling of vacancy. (1) When any vacancy occurs in any elective office, this position shall be considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office shall be limited to the unexpired term of the person who originally created the vacancy. Pending such election and qualification the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until his successor is elected and qualified.
     (2) If all council positions become vacant at one time, the board of county commissioners shall appoint persons within 5 days to hold office as aldermen. The appointed aldermen shall then appoint persons to any other vacant elective offices.
     (3) A vacancy in the office of alderman must be filled from the ward in which the vacancy exists.

     History: En. Sec. 1, Ch. 72, L. 1903; re-en. Sec. 3236, Rev. C. 1907; re-en. Sec. 5015, R.C.M. 1921; amd. Sec. 1, Ch. 26, L. 1974; R.C.M. 1947, 11-721(part); amd. Sec. 1, Ch. 457, L. 1981; amd. Sec. 1, Ch. 286, L. 1987.

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