P.R. Laws tit. 21, § 4156
Any municipal legislator may resign his/her office by a written communication addressed to the legislature through the Secretary thereof, who shall acknowledge receipt of the communication and shall immediately notify it to the President of the legislature. The Secretary shall present the resignation to the legislature in full for its consideration at the first regular or special session that is held immediately after it is received. The office of the municipal legislator shall be frozen as of the date of said session. The Secretary of the legislature shall give notice of the vacancy, by certified mail with acknowledgment of receipt, to the governing body of the local political party that elected the resigning municipal legislator, within five (5) days following its effectiveness.
The local political body shall have fifteen (15) days to submit [the name of] a candidate to replace the resigning municipal legislator. The local president of the party must call a special legislature of the party’s municipal committee where nominations shall be opened, voting shall take place, and the new municipal legislator shall be certified. The Secretary of the committee shall prepare and certify the attendance sheet and the voting results. The local president of the party shall remit one copy of the certification of the results of the party’s municipal committee’s vote, along with the corresponding forms, to the Commonwealth Election Commission, another copy to the Secretary General of the party represented by the elected municipal legislator, and the last copy to the Secretary of the legislature, who must notify it to the legislature as a whole at the first regular or special session that is held immediately after it is received.
If the local political body does not take action within the specified term of fifteen (15) days, the Secretary of the legislature shall notify the Secretary General of the political party that elected the resigning municipal legislator, within the five (5) days following the expiration of the term. Upon being notified, the Secretary shall fill the vacancy with the candidate proposed by the central body of the political party in question.
Any person selected to fill the vacancy shall meet all the eligibility requirements for the office established by this subtitle and by Act No. 4 of December 20, 1977, known as the Puerto Rico Electoral Act.
The Commonwealth Election Commission shall issue the corresponding election certificate, once it receives the notification with the name of the person selected to fill the vacancy of the resigning municipal legislator. Said notification shall be remitted by the President of the municipal legislature, by the local president of the political party, or by the Secretary General of the political party, depending on the case. Once the Commonwealth Elections Commission issues the certificate to the new municipal legislator, the President of the legislature shall administer the oath to him/her in front of the legislature at large, at the next regular or special session after the certification has been issued.
History —Aug. 30, 1991, No. 81, § 4.006; Apr. 13, 1995, No. 36, § 12.