Huber mayor cannot resign, run at same time

"A resignation creating a vacancy must be effective immediately," Schaeffer wrote in his report. "A resignation effective at some date in the future does not create a vacancy."

There can be no election if there is no vacancy, Schaeffer said.

McMasters said Friday he considers the matter closed, and he has every intention of finishing out his four-year term.

He would have resigned Dec. 31, 2015, and be sworn into office Jan. 1, 2016, if he won. His intent, he said, would be to never leave office.

McMasters was elected last November and took office in January for his four-year term.