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SF 373

as introduced - 90th Legislature (2017 - 2018) Posted on 01/31/2017 09:39am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to counties; allowing a county board to temporarily fill a county
commissioner vacancy by appointment in certain circumstances;amending
Minnesota Statutes 2016, section 375.101, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:


Subdivision 1.

Option for filling vacancies; special election.

(a) Except as provided
in subdivision 3, a vacancy in the office of county commissioner may be filled as provided
in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to
be filled under this subdivision and subdivision 2, it must be filled at a special election. The
county board may by resolution call for a special election to be held according to the earliest
of the following time schedules:

(1) not less than 120 days following the date the vacancy is declared, but no later than
12 weeks prior to the date of the next regularly scheduled primary election;

(2) concurrently with the next regularly scheduled primary election and general election;
or

(3) no sooner than 120 days following the next regularly scheduled general election.

(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. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on the district
as reapportioned.

(c) If a special election is required to be held to fill a vacancy in the office of county
commissioner, the county board may temporarily fill the vacancy by appointment before
the vacancy is filled by special election. Before making an appointment to temporarily fill
a vacancy under this subdivision, the board must hold a public hearing after providing public
notice of the meeting. At the public hearing, the board must invite public testimony from
persons residing in the district in which the vacancy occurs relating to the qualifications of
the prospective appointee. After the board selects the person to temporarily fill the vacancy,
the board shall adopt and enter into the minutes of its proceedings a resolution evidencing
the appointment. The term of the appointment expires when a successor is chosen by special
election and takes the oath of office.

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