Office of the Revisor of Statutes
SF 1020
Introduction - 94th Legislature (2025 - 2026)
Posted on 06/18/2025 08:48 a.m.
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A bill for an act
relating to elections; establishing a set filing period for special elections; amending
Minnesota Statutes 2024, section 204D.19, subdivisions 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 204D.19, subdivision 1, is amended to read:
Subdivision 1.
Vacancy filled at general election.
When a vacancy occurs more than
150 days before the next state general election, and the legislature will not be in session
before the final canvass of the state general election returns, the vacancy shall be filled at
the next state general election.new text begin When practicable, the filing period for the vacancy must be
concurrent with the filing period for the general election filing period provided in section
204B.09. If not possible, the filing period for the vacancy must be a minimum of seven days
and a maximum of ten days, excluding holidays.
new text end
Sec. 2.
Minnesota Statutes 2024, section 204D.19, subdivision 2, is amended to read:
Subd. 2.
Special election when legislature will be in session.
Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin 40thdeleted text end new text begin 50thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. new text begin The filing period for the vacancy must
be a minimum of seven days and a maximum of ten days, excluding holidays. new text end The special
election shall be held as soon as possible, consistent with the notice requirements of section
204D.22, subdivision 3, but in no event more than deleted text begin 35deleted text end new text begin 45new text end days after the issuance of the writ.
A special election must not be held during the four days before or the four days after a
holiday as defined in section 645.44, subdivision 5.
Sec. 3.
Minnesota Statutes 2024, section 204D.19, subdivision 3, is amended to read:
Subd. 3.
Special election at other times.
When a vacancy occurs at a time other than
those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a special
election to be held so that the individual elected may take office at the opening of the next
session of the legislature, or at the reconvening of a session of the legislature.new text begin The filing
period for the vacancy must be a minimum of seven days and a maximum of ten days,
excluding holidays.
new text end
Sec. 4. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment and applies to vacancies in
legislative offices that occur on or after that date.
new text end