(1) Any poll needed
for an extraordinary election is to be held on a day decided on and fixed
—
(a) by
the mayor or president, in writing, if a day has not already been fixed under
paragraph (b); or
(b) by
the council at a meeting held within one month after the vacancy occurs, if a
day has not already been fixed under paragraph (a).
(2) The election day
fixed for an extraordinary election is to be a day that allows enough time for
the electoral requirements to be complied with but, unless the Electoral
Commissioner approves or section 4.10(b) applies, it cannot be later than 4
months after the vacancy occurs.
(3) If at the end of
one month after the vacancy occurs an election day has not been fixed, the CEO
is to notify the Electoral Commissioner and the Electoral Commissioner is to
—
(a) fix
a day for the holding of the poll that allows enough time for the electoral
requirements to be complied with; and
(b)
advise the CEO of the day fixed.