State ex rel. Corrigan v. Tudhope

The court is confronted with two issues for determination in this case: (1) Does the president of council have the power to vote for a nominee to fill a vacant council seat? (2) Must a nominee to a vacant council seat receive only a majority vote of all the remaining •elected councilmen in order to be elected?

In determining whether the council president can vote, we look first to the Berea Charter. Section IY, in pertinent part, provides:

“Item 1: Membership, Election, Qualifications and Term

“The legislative power of the city shall be vested in a council consisting of seven members,. * * *…