Omaha City Council Vacancies


The Wording

City of Omaha

City Charter Amendment concerning City Council Vacancies

Shall Section 2.06 of the Home Rule Charter of the City of Omaha be amended to provide that City Council vacancies shall be filled with those vacancies occurring in the first two years of a term being filled through an election and vacancies in the last two years of a term being filled by a majority vote of the remaining city council members within thirty (30) days of a vacancy all as provided in the notice of election?

(  )  Yes

(  )  No

Our Explanation

Currently the Home Rule Charter of the City of Omaha states,

Section 2.06. - Filling Council Vacancies.

When a vacancy on the Council occurs for any reason, the Council shall by a majority vote appoint a person having the qualifications for the office of Councilmember in accordance with state law. The Councilmember who is vacating the seat being filled shall not vote for the Councilmember's replacement.

This new amendment would stipulate that vacancies happening in the first 2 years of the 4-year term would require an election to replace the councilmember.  That election could take place along with another election that was already happening.  For example, if one of the councilmembers about to be elected on May 13th had to leave office next March, the people could vote for a replacement councilmember in the Gubernatorial Primary in May 2026. 
 
If there isn't an election coming up within 90-150 days after a vacancy occurs, the Council would schedule an election, though they would not have authority to say how the election was to be run, unless state law were to change.  The Legislature could still do a small amendment to the statute for this to happen, yet in this session.  
 
If the vacancy occurs in the last 2 years of the 4-year term, the remaining members on the council would vote in a replacement to hold the position until the next regular City Council election.  By this amendment, that vacancy would have to be filled in 30 days.
 
Those who favor this idea want the people to have greater say in who represents them for the longer time.  Most people in the vacant district want to have a vote on the replacement.  This gives them a vote if the vacancy occurs early in the councilmember's term.  They also like the 30 day limit so the district is not left unrepresented for a long time.
 
Those who oppose the idea do not want the city to have to pay for doing a special election.  Others do not want by-mail elections.