P.R. Laws tit. 21, § 4106

2019-02-20 00:00:00+00
§ 4106. Vacancy—Independent candidate vacancy

When an independent candidate who has been elected mayor does not take office, is totally and permanently disabled, resigns, dies, or for any reason vacates the office of mayor, the Legislature shall advise the Commonwealth Election Commission and the Governor in order to call a special election to fill the vacancy.

This election shall be held pursuant to Section 5.006 of Act. No. 4 of December 20 of 1977, known as the “Puerto Rico Electoral Law”, and any elector affiliated to a political party or any person duly-qualified as an elector who meets the requirements of the office in question, may present himself/herself as a candidate in said election.

When the vacancy in the office of mayor of a candidate elected under an independent candidacy occurs within twelve (12) months prior to the date of the general election, the Municipal Legislature shall fill the vacancy with the affirmative vote of at least three fourths (¾) of its members. When a term of not more than sixty (60) days has elapsed without having achieved this proportion of votes for the selection of a substitute mayor, the Governor shall appoint him/her from among the candidates that the Legislature has considered.

Any person who is selected to fill the vacancy shall meet the eligibility requirements established in § 4101 of this title.

When there is a permanent vacancy in the office of a mayor who ran as an independent candidate, the official provided in the ordinance providing for interim substitution as required in this subtitle, shall be the interim substitute.

History —Aug. 30, 1991, No. 81, § 3.006.