If the mayor’s office becomes vacant, the council president becomes acting mayor until a new mayor is elected and qualified.
Whenever any vacancy in the office of mayor shall occur by reason of death, resignation, removal, or any other cause, the president of the council shall assume the duties of the office of mayor effective on the date such vacancy occurs and shall serve as acting mayor until a new mayor is elected and qualified as hereinafter provided. The acting mayor shall receive no compensation, expenses, or allowances as a member of the city council while acting as mayor, but shall receive the same rate of pay and allowances provided for the mayor whose vacated office he or she fills, and the compensation received for days of service as acting mayor shall not be counted in determining the maximum annual per diem compensation permitted council members. While the president of the council is serving as acting mayor he or she shall not sit with the council or vote on any matters before the council. The election commission of the city, if there be one, and if not then the council thereof, shall within 30 days of the occurrence of a vacancy in the office of the mayor call a special election to fill such vacancy, such election to be held on the second Tuesday of the month not less than 70 days and not more than 90 days from the occurrence of such vacancy. If a regular or special election is scheduled or required to be held within 120 days after the occurrence of such vacancy, then the vacancy in the office of mayor shall be filled at such regular or special election. Notice of such election shall be given at the expense of the city by one publication at least 18 days in advance of the same in one or more newspapers published in such city. Any person desiring to become a candidate at the election to fill the vacancy in the office of mayor may become a candidate by filing his or her statement in writing with the judge of probate and paying the qualifying fee as provided in Section 45-37A-52.91. The method, procedure, and requirements of qualifying, voting upon, and determining the successful candidate shall otherwise be the same as provided herein relative to the election of the mayor at regular elections. The successor to the mayor chosen at any such election shall qualify for office as soon as practical thereafter, and shall be clothed with and assume the duties, responsibilities, and powers of such office immediately upon such qualification, and shall hold office for the unexpired term of his or her predecessor and until a successor is elected and qualified.