P.R. Laws tit. 21, § 4155

2019-02-20 00:00:00+00
§ 4155. Vacancy—Failure to take office

When a candidate elected as an municipal legislator does not take office on the date fixed by this subtitle, he/she shall be granted a term of fifteen (15) additional days counted from the stated date, to give oath and assume his/her office, or to otherwise state the reasons that prevented him/her from appearing to take office. If the candidate-elect does not appear in the above stated term to take office, nor does he/she state the reasons that prevent him/her from assuming the same, the Legislature shall notify the same, in writing and with acknowledgment of receipt, to the local governing body of the political party that elected him/her. Together with the notice, it shall request said party to submit a candidate in substitution of the elected municipal legislator in question, within thirty (30) days following the receipt thereof.

If the local governing body takes no action on the Legislature’s petition within the above stated term, the Secretary of the Legislature shall notify the President of the political party that elected the municipal legislator who did not take office, of said fact within five (5) days following the expiration of the term. The President shall fill the vacancy with the candidate proposed by the central governing body of the corresponding political party.

Any person who is selected to fill the vacancy caused by an municipal legislator-elect who does not take office, shall meet the eligibility requirements for the office established in this subtitle. He/she shall take office as municipal legislator immediately after his/her selection, and shall hold it for the term for which the person whom he is substituting for, was elected.

The President of the Municipal Legislature or the President of the corresponding political party, as the case may be, shall notify the name of the person selected to fill the vacancy of the municipal legislator, to the Commonwealth Election Commission, for said agency to issue the corresponding certificate of election.

History —Aug. 30, 1991, No. 81, § 4.005.