A member of a municipal council elected in a proportional election whose office ceases, unless he or she resigns within six months of the confirmation of his or her office, shall be replaced for the remainder of the term of office by the candidate who would have been elected had the member of the municipal council whose office has ceased not been elected.

If the candidate who would become a member of the municipal council for the remainder of the term of office in accordance with this Act fails to notify, within eight days, that he or she accepts the office of member of a municipal council, this right shall be transferred to the next candidate from the same list of candidates. If there is no such candidate, he or she shall be replaced by a candidate from the list having the same name in the constituency in which the list had achieved the largest remainder of votes in relation to the quotient in the constituency. If none of the candidates from this list of candidates notifies, within eight days, that he or she accepts the office of member of the municipal council, a by-election shall be held.

A by-election shall also be held if, in the case referred to in paragraph one of this Article, the office of a member of the municipal council ceases because the member resigned within six months of the confirmation of his or her office.