SF 3075

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public officials; providing for resolution 
  1.3             of disputes over whether an office has become vacant; 
  1.4             amending Minnesota Statutes 1998, section 351.02. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 351.02, is 
  1.7   amended to read: 
  1.8      351.02 [VACANCIES.] 
  1.9      Subdivision 1.  [EVENTS CAUSING.] Every office shall become 
  1.10  vacant on the happening of either any of the following events, 
  1.11  before the expiration of the term of such office: 
  1.12     (1) The death of the incumbent; 
  1.13     (2) The incumbent's resignation; 
  1.14     (3) The incumbent's removal; 
  1.15     (4) The incumbent's ceasing to be an inhabitant a resident 
  1.16  of the state, or, if the office is local not statewide, of the 
  1.17  district, county or city for from which the incumbent was 
  1.18  elected or appointed, or within which the duties of the office 
  1.19  are required to be discharged; 
  1.20     (5)  The incumbent's conviction of any infamous crime a 
  1.21  felony, or of any offense involving a violation of the official 
  1.22  oath; 
  1.23     (6)  The incumbent's refusal or neglect to take the oath of 
  1.24  office, or to give or renew the official bond, or to deposit or 
  1.25  file such the oath or bond within the time prescribed; 
  2.1      (7) The decision of a competent tribunal declaring the 
  2.2   incumbent's election or appointment void; 
  2.3      (8) The death of the person elected or appointed to fill a 
  2.4   vacancy, or for a full term, before the person qualifies, or 
  2.5   before the time when by law the person should enter upon the 
  2.6   duties of the office, in which case the vacancy shall be deemed 
  2.7   to take place at the time when the term of office would have 
  2.8   begun had the person lived.  
  2.9      Subd. 2.  [DISPUTES.] When there is a dispute over whether 
  2.10  an office has become vacant, an individual who is eligible to 
  2.11  vote for the office may bring an action for a declaratory 
  2.12  judgment under chapter 555.  If the dispute concerns an alleged 
  2.13  vacancy in the office of state senator or representative, the 
  2.14  trial court shall forward the record of the proceedings, 
  2.15  including the court's findings of fact and conclusions of law, 
  2.16  to the secretary of the senate or chief clerk of the house of 
  2.17  representatives, as appropriate, for final disposition.  This 
  2.18  subdivision does not limit the constitutional power of the 
  2.19  senate or house of representatives to judge the eligibility of 
  2.20  its own members. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     This act is effective the day following final enactment.