Ohio Rev. Code » Chapter 733
Ohio Revised Code

Ohio Rev. Code § 733.08 (2026)

Vacancy in office of mayor of city

✓ current as of May 2026
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Effective:
September 13, 2016
Latest Legislation:
Senate Bill 63 - 131st General Assembly
PDF:
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(A) In case of the death, resignation, or removal of the mayor, the vacancy in the office of mayor shall be filled, until a successor is elected and qualified, by a person chosen by the residents of that city who are members of the city central committee if there is one, or if not then of the county central committee, of the political party that nominated the last occupant of the office as a candidate for that office for the current term. If the vacancy occurs because of the death, resignation, or inability to take office of a mayor-elect, an appointment to take the office at the beginning of the term shall be made by the members of the central committee who reside in the city where the vacancy occurs.

Not less than five nor more than forty-five days after the vacancy occurs, the specified members of the city or county committee shall meet to make an appointment to fill the vacancy. Not less than four days before the date of the meeting the committee chairperson or secretary shall send, by mail to every member eligible to vote on filling the vacancy, a written notice stating the date, time, and place of the meeting and its purpose. A majority of the eligible members present at the meeting may make the appointment.

If the last occupant of the office of mayor or the mayor-elect was elected to serve the current term as an independent candidate, the vacancy shall be filled, until a successor is elected and qualified, by election by the legislative authority.

(B) If a vacancy in the office of mayor occurs more than forty days before the next regular municipal election, a successor shall be elected at that election for the unexpired term unless the unexpired term ends within one year immediately following the date of that election, in which case an election to fill the unexpired term shall not be held and the person appointed or elected under division (A) of this section shall hold the office for the unexpired term. If an election is held under this division, the person appointed or elected by the legislative authority under division (A) of this section shall hold the office until a successor is elected and qualified under this division.
Notes of Decisions
Cited in 5 cases, 1985–2015 · leading case: State ex rel. Herman v. Klopfleisch, 651 N.E.2d 995 (Ohio 1995).
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State ex rel. Herman v. Klopfleisch, 651 N.E.2d 995 (Ohio 1995). · cites it 22× “08 provides: “In case of the death, resignation, or removal of the mayor, the vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a person chosen by the residents of the city who are members of the city central committee if there is one, or…”
State ex rel. Chevalier v. Brown, 477 N.E.2d 623 (Ohio 1985). · cites it 8× “R.C. 733.08 sets forth the procedure to be followed when a vacancy in the office of mayor is created.”
State ex rel. Morris v. Stark Cty. Bd. of Elections (Slip Opinion), 2015 Ohio 3659 (Ohio 2015). “2d 995 (1995) (interpreting comparable language in R.C. 733.08). Thus, there is no statutory support for the notion that the office in any sense belongs to the Democratic Party or that Bernabei must resign from office in order to disaffiliate from the Democratic Party.”
Am. Civil Liberties Union of Ohio v. Taft, 217 F. Supp. 2d 842 (S.D. Ohio 2002). · cites it 2× “02 (county commissioners); O.R.C. § 733.08 (mayors); O.R.C. § 731.43 (council members).”
State v. First, Inc., 2 Ohio App. Unrep. 90 (Ohio Ct. App. 1990). “In Chevalier, supra a candidate was told by a state employee the wrong date to file for the mayoral election in contravention of R.C. 733.08. In *92 Griffith v. J.C. Penny Co.”
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