SF 257

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to statutory cities; permitting special 
  1.3             elections in cases of certain vacancies; amending 
  1.4             Minnesota Statutes 1998, sections 205.10, subdivision 
  1.5             2; and 412.02, subdivision 2a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 205.10, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [VACANCIES IN CITY OFFICES.] Special elections 
  1.10  shall be held in statutory cities in conjunction with municipal 
  1.11  general elections to fill vacancies in elective city offices as 
  1.12  provided in section 412.02, subdivision 2a. 
  1.13     Sec. 2.  Minnesota Statutes 1998, section 412.02, 
  1.14  subdivision 2a, is amended to read: 
  1.15     Subd. 2a.  [VACANCY.] Except as otherwise provided in 
  1.16  subdivision 2b, a vacancy in an office shall be filled by 
  1.17  council appointment until an election is held as provided in 
  1.18  this subdivision.  In case of a tie vote in the council, the 
  1.19  mayor shall make the appointment.  If the vacancy occurs before 
  1.20  the first day to file affidavits of candidacy for the next 
  1.21  regular city election and more than two years remain in the 
  1.22  unexpired term, a special election shall be held at or before 
  1.23  the next regular city election and the appointed person shall 
  1.24  serve until the qualification of a successor elected at a 
  1.25  special election to fill the unexpired portion of the term.  If 
  2.1   the vacancy occurs on or after the first day to file affidavits 
  2.2   of candidacy for the regular city election or when less than two 
  2.3   years remain in the unexpired term, there shall be no need not 
  2.4   be a special election to fill the vacancy and the appointed 
  2.5   person shall serve until the qualification of a successor 
  2.6   elected at a regular city election.  The council must specify by 
  2.7   ordinance under what circumstances it will hold a special 
  2.8   election to fill a vacancy other than a special election held at 
  2.9   the same time as the regular city election.