HF 3632

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:29pm

A bill for an act
relating to local government; authorizing the filling of a vacancy in the position
of sheriff or county attorney by special election; amending Minnesota Statutes
2022, section 375.08; proposing coding for new law in Minnesota Statutes, chapter
375.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 375.08, is amended to read:

375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

new text begin Except for vacancies filled under section 375.081, new text end when a vacancy occurs in the office
of an elected county auditor, county treasurer, county recorder, sheriff, county attorney,
county surveyor, or coroner, the county board shall fill it by appointment. For that purpose
it shall meet at the usual place of meeting, upon one day's notice from the chair or clerk,
which shall be served personally upon each member in the same manner as a district court
summons. The person appointed shall give the bond and take the oath required by law, and
serve the remainder of the term, and until a successor qualifies. When a vacancy occurs in
an office that has a chief deputy or first assistant, the chief deputy or first assistant may
perform all the duties and functions of the office until it is filled by appointment by the
county board.

Sec. 2.

new text begin [375.081] VACANCY IN OFFICE OF SHERIFF OR COUNTY ATTORNEY.
new text end

new text begin (a) As an alternative to the appointment procedure provided in section 375.08, a vacancy
in the office of sheriff or county attorney may be filled at a special election as provided in
this section. The county board may by resolution call for a special election to be held on
one of the following dates: the second Tuesday in February; the second Tuesday in April;
the second Tuesday in May; the second Tuesday in August; or the first Tuesday after the
first Monday in November. The special election must be conducted and the returns canvassed
in the manner provided for the county general election.
new text end

new text begin (b) The person elected at the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and taking the oath of office and shall
serve the remainder of the unexpired term.
new text end