SF 124

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to counties; modifying procedures on the filling of vacancies for certain
offices; amending Minnesota Statutes 2006, section 375.101, subdivision 1, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:

Subdivision 1.

new text begin Option for filling vacancies; new text end election in 30 to deleted text begin 60 deleted text end new text begin 90 new text end days.

Except
as provided in subdivision 3, a vacancy in the office of county commissioner deleted text begin shall deleted text end new text begin may new text end be
filled new text begin 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 new text end at a
special election not less than 30 nor more than deleted text begin 60 deleted text end new text begin 90 new text end days after the vacancy occurs. The
special primary or special election may be held on the same day as a regular primary or
regular election but the special election shall be held not less than 14 days after the special
primary. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Option for filling vacancies; appointment. new text end

new text begin Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
two years remain in the unexpired term, a special election shall be held in conjunction
with the county general election. The appointed person shall serve until the qualification
of the successor elected to fill the unexpired part of the term at that special election. If the
vacancy occurs on or after the first day to file affidavits of candidacy for the county general
election, or when less than two years remain in the unexpired term, there shall be no special
election to fill the vacancy and the appointed person shall serve the remainder of the
unexpired term and until a successor is elected and qualifies at the county general election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end