Missoula council debates process to fill Ward 1 vacancy; amendment citing Montana statute proposed

City councilors on Monday engaged in extended discussion and public comment over how to fill an open Ward 1 seat, debating whether to appoint the apparent winner of the November election immediately or to wait until the county canvass issues a certificate of election.

Council President Cheryl Sherrill introduced a resolution to fill the Ward 1 vacancy “with the duly elected representative of Ward 1 as determined by the general election,” saying the intent was to place a democratically elected person in the seat as quickly as possible. Councilor Bob Campbell moved an amendment that would require the appointment to follow the county elections office’s canvass procedure and the issuance of a certificate of election.

Campbell cited Montana law in explaining his amendment. Quoting the statute in committee, he told council: “A candidate for elective office may not assume the powers and duties of that office until the candidate has received a certificate of election as provided by law. A certificate of election may only be issued by the public official responsible for issuing a…