SEC. 13.101.5. VACANCIES.
§ 13.101.5
When a major city office becomes vacant due to death, resignation, recall, disability, or inability to perform duties, the Mayor (or Board of Supervisors President if the Mayor's office is vacant) appoints a qualified replacement who serves until a successor is elected at the next applicable election at least 120 days later, with specific rules for runoff elections if no candidate wins a majority.
If a major San Francisco elected official (like the Assessor, City Attorney, Sheriff, Treasurer, a Supervisor, or School Board member) leaves office, the Mayor gets to pick someone to fill the seat until an election is held. If the Mayor's office becomes vacant, the President of the Board of Supervisors takes over as Acting Mayor until the Board appoints a permanent successor. The appointed person serves until the next election that happens at least 120 days after the vacancy. If no candidate wins the majority of votes in that election, the top two vote-getters go to a runoff election.
- Complex:Subsection (c) contains nested conditional clauses about election timing (120 days, one year, scheduled elections) that could confuse readers about when exactly the appointment ends.
- Controversial:Mayoral vacancy procedures (subsection b) vest significant interim power in the Board of Supervisors President, which raises questions about democratic accountability that San Franciscans reasonably debate.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) If the office of Assessor-Recorder, City Attorney, District Attorney, Public Defender, Sheriff, Treasurer, or Member of the Board of Supervisors, Board of Education or Governing Board of the Community College District becomes vacant because of death, resignation, recall, permanent disability, or the inability of the respective officer to otherwise carry out the responsibilities of the office, the Mayor shall appoint an individual qualified to fill the vacancy under this Charter and state laws.
(b) If the Office of Mayor becomes vacant because of death, resignation, recall, permanent disability or the inability to carry out the responsibilities of the office, the President of the Board of Supervisors shall become Acting Mayor and shall serve until a successor is appointed by the Board of Supervisors.
(c) Any person filling a vacancy pursuant to subsection (a) or (b) of this Section shall serve until a successor is selected at the next election occurring not less than 120 days after the vacancy, at which time an election shall be held to fill the unexpired term, provided that (1) if an election for the vacated office is scheduled to occur less than one year after the vacancy, the appointee shall serve until a successor is selected at that election or (2) if an election for any seat on the same board as the vacated seat is scheduled to occur less than one year but at least 120 days after the vacancy, the appointee shall serve until a successor is selected at that election to fill the unexpired term.
(d) If no candidate receives a majority of the votes cast at an election to fill a vacated office, the two candidates receiving the most votes shall qualify to have their names placed on the ballot for a municipal runoff election at the next regular or otherwise scheduled election occurring not less than five weeks later. If an instant runoff election process is enacted for the offices enumerated in this Section, that process shall apply to any election required by this Section.
(Added November 2001)