HF 1406

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to counties; providing for the appointment of 
  1.3             a commissioner to fill a vacancy until the next 
  1.4             general election; amending Minnesota Statutes 2002, 
  1.5             section 375.101, by adding a subdivision; repealing 
  1.6             Minnesota Statutes 2002, section 375.101, subdivisions 
  1.7             1, 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 375.101, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [APPOINTMENTS TO FILL VACANCIES.] Except as 
  1.12  provided in subdivision 3, any other vacancy in the office of 
  1.13  county commissioner must be filled by board appointment at a 
  1.14  regular or special meeting.  The appointment shall be evidenced 
  1.15  by a resolution entered in the minutes and shall continue until 
  1.16  an election is held under this subdivision.  All elections to 
  1.17  fill vacancies shall be for the unexpired term.  If the vacancy 
  1.18  occurs before the first day to file affidavits of candidacy for 
  1.19  the next county general election and more than two years remain 
  1.20  in the unexpired term, a special election shall be held in 
  1.21  conjunction with the county general election.  The appointed 
  1.22  person shall serve until the qualification of the successor 
  1.23  elected to fill the unexpired part of the term at that special 
  1.24  election.  If the vacancy occurs on or after the first day to 
  1.25  file affidavits of candidacy for the county general election, or 
  1.26  when less than two years remain in the unexpired term, there 
  2.1   shall be no special election to fill the vacancy and the 
  2.2   appointed person shall serve the remainder of the unexpired term 
  2.3   and until a successor is elected and qualifies at the county 
  2.4   general election. 
  2.5      Sec. 2.  [REPEALER.] 
  2.6      Minnesota Statutes 2002, section 375.101, subdivisions 1 
  2.7   and 2, are repealed. 
  2.8      Sec. 3.  [EFFECTIVE DATE.] 
  2.9      Sections 1 and 2 are effective the day following final 
  2.10  enactment.