Election day could come a month early for one candidate for Bellevue Council.

Council currently has a vacancy created by the Aug. 26 resignation of third ward representative Jerry Walter. Although Walter did not remove his name from the Nov. 3 general election ballot, he is not considered a viable candidate. That leaves Democrat Mark Panichella in good position to be elected to the seat next month.

He could, however, be appointed to fill the council vacancy as early as next Tuesday, during council's regular meeting.

The decision is mired in controversy over whether a Republican must be appointed, and why the borough's director of administrative services failed to advertise the position.

Council member David Gillingham Jr., a Republican, said at the Sept. 30 pre-council meeting that he was told by the Allegheny County elections office that because Walter was a Republican, his replacement also must be a member of that party. Council president Kathy Coder said that her own discussion with the elections department and a review of Bellevue's home rule charter indicated that council's appointment is not limited by political party.

Panichella has submitted a letter of interest to fill the seat. How many more interested citizens may exist is unknown however, according to council member Jane Braunlich, because the borough did not advertise the vacancy as directed by council.

Braunlich said that council approved a motion at its September regular meeting to advertise the position and accept letters from interested residents of the third ward. She asked why that had not occurred.

DAS Connie Flasher said that she must have missed the fact that the motion was approved, and that the lack of advertising was not intentional.

If the borough advertises now, it runs into a time problem that could lead to legal expenses. Council has 45 days to fill a vacancy, with the clock starting to run as soon as the resignation is accepted. After 45 days, council loses the power to name anyone to the seat without a court order. Likewise, any interested and eligible citizen can petition the court for appointment once the 45-day period has elapsed.

Discussion at the pre-council meeting indicated that there is a consensus among Bellevue officials to name Panichella to the seat without advertising. Braunlich, however, was not comfortable with council's directive being ignored. Flasher maintained that someone could have reminded her about the oversight.

"Could you have picked up the phone and called me?" she asked Braunlich.