Appointments & Vacancies FAQ 9

Can a person vote to fill his/her own vacancy on a municipal governmental body such as a village board or city council?

No. There are two basic scenarios presented by this question. The first is where the outgoing member seeks to vote before he or she has actually vacated the office. The second is where the member seeks to vote after he/she has actually vacated his/her office.

In the first scenario, the outgoing member cannot vote on the vacancy because there is no vacancy to fill. The outgoing member is still a member of the body at the time of the vote.

In the second scenario, the former member cannot vote on the vacancy because he or she is no longer a member of the body. As a non-member, that person has no authority to cast a vote on any issue as part of the body they no longer belong to.