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There is no law stipulating that the fourth highest voter getter automatically be given a vacant Council seat. Council started a precedent when it appointed Jim Ellis in 2001 after he finished 4th (and a vacancy was created when Charles Worley gave up his unfinished term to become mayor) and again in 2005 when it appointed Freeborn under similar circumstances when Terry Bellamy became mayor.
Despite such precedent I’m not sure expecting Council to appoint the fourth highest vote getter from an election that occurred over a year ago makes a whole lot of sense. It is one thing to expect such a move when the vacancy is created by someone moving midterm into the mayor’s seat and people, knowing the circumstances, can vote accordingly, and another to expect such a move when such a vacancy is created under circumstances totally unrelated to that election.
Personally I’d like to see someone of similar philosophy to Holly Jones who would have a really serious shot of holding the seat in 2009.
Although it has been precedent, the law does not require the vacated seat to be filled by the next highest vote earner. I do not like an elected position being filled by appointment, nor do I want the city to spend gads of money on a special election that will probably have almost no turn out.
Dear God, let’s pray not!
Isn’t the seat supposed to be filled by the next highest vote-getter (Bryan Freeborn)?