SF 1563

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/18/2025 10:25 a.m.

A bill for an act
relating to elections; establishing vacancies in legislative offices in certain
circumstances; providing for the second-most vote getter at an election to take
office in legislative offices in certain circumstances; specifying special elections
are not required to fill certain legislative vacancies; amending Minnesota Statutes
2024, sections 209.021, subdivision 1; 209.10, by adding a subdivision; 351.02.

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

Section 1.

Minnesota Statutes 2024, section 209.021, subdivision 1, is amended to read:

Subdivision 1.

Manner; time; contents.

Service of a notice of contest must be made
in the same manner as the service of summons in civil actions. The notice of contest must
specify the grounds on which the contest will be made. The contestant shall serve notice of
the contest on the parties enumerated in this section. Except as provided in section 204D.27 new text begin ;
209.10, subdivision 5a; or 351.02, subdivision 2 new text end , notice must be served and filed within
five days after the canvass is completed in the case of a primary or special primary or within
seven days after the canvass is completed in the case of a special or general election. If a
contest is based on a deliberate, serious, and material violation of the election laws that was
discovered from the statements of receipts and disbursements required to be filed by
candidates and committees, the action may be commenced and the notice served and filed
within ten days after the filing of the statements in the case of a general or special election
or within five days after the filing of the statements in the case of a primary or special
primary. If a notice of contest questions only which party received the highest number of
votes legally cast at the election, a contestee who loses may serve and file a notice of contest
on any other ground during the three days following expiration of the time for appealing
the decision on the vote count.

Sec. 2.

Minnesota Statutes 2024, section 209.10, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Vacancy. new text end

new text begin If a vacancy results from a successful election contest and the basis
of the contest was candidate misconduct, the chief clerk of the house of representatives or
secretary of the senate must immediately notify the secretary of state of the vacancy. Unless
an election contest is filed within two business days after the secretary of state is notified
of the vacancy, on the third day after receiving notice, the secretary of state must issue to
the chief clerk or secretary a certificate of election for the candidate who received the second
most votes in the most recent general election for that office. Chapter 204D does not apply
to a vacancy described in this subdivision, except where a vacancy occurs and there is no
other candidate from the most recent general election to take office.
new text end

Sec. 3.

Minnesota Statutes 2024, section 351.02, is amended to read:

351.02 VACANCIES.

new text begin Subdivision 1. new text end

new text begin Vacancies. new text end

Every office shall become vacant on the happening of deleted text begin either deleted text end new text begin
any new text end of the following events, before the expiration of the term of such office:

(1) the death of the incumbent;

(2) the incumbent's resignation;

(3) the incumbent's removal;

(4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of
the district, county new text begin , new text end or city for which the incumbent was elected or appointed, or within
which the duties of the office are required to be discharged;

(5) the incumbent's conviction of any infamous crime, or of any offense involving a
violation of the official oath;

(6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the
official bond, or to deposit or file such oath or bond within the time prescribed;

(7) the decision of a competent tribunal declaring the incumbent's election or appointment
void;

(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before
the person qualifies, or before the time when by law the person should enter upon the duties
of the office, in which case the vacancy shall be deemed to take place at the time when the
term of office would have begun had the person lived deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) the incumbent has been found to be ineligible to hold office; or
new text end

new text begin (10) a candidate or incumbent has been found to have made a significant and material
violation of sections 10A.173 to 10A.177.
new text end

new text begin Subd. 2. new text end

new text begin Filling legislative vacancies. new text end

new text begin (a) Upon making a determination pursuant to the
Minnesota Constitution, article IV, section 6, that a member of the body is ineligible or
unqualified for office for one of the reasons stated in subdivision 1, the body must declare
a vacancy in that seat.
new text end

new text begin (b) A vacancy under this subdivision must be filled as provided in this paragraph. The
chief clerk of the house of representatives or secretary of the senate must immediately notify
the secretary of state of the vacancy. Unless an election contest is filed within two business
days after the secretary of state is notified of the vacancy, on the third day after receiving
notice, the secretary of state must issue to the chief clerk or secretary a certificate of election
for the candidate who received the second most votes in the most recent general election
for that office. Chapter 204D does not apply to this subdivision, except where a vacancy
occurs and there is no other candidate from the most recent general election to take office.
new text end