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SF 3555

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/15/2024 10:59am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to local government; authorizing the filling of a vacancy in the position
of sheriff or county attorney by special election; amending Minnesota Statutes
2022, section 375.08; proposing coding for new law in Minnesota Statutes, chapter
375.

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

Section 1.

Minnesota Statutes 2022, section 375.08, is amended to read:


375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

new text begin (a) Except as provided in paragraph (b) or section 375.081, new text end when a vacancy occurs in
the office of an elected county auditor, county treasurer, county recorder, sheriff, county
attorney, county surveyor, or coroner, the county board deleted text begin shalldeleted text end new text begin mustnew text end fill it by appointmentnew text begin at
a regular or special meetingnew text end . deleted text begin For that purpose it shall meet at the usual place of meeting,
upon one day's notice from the chair or clerk, which shall be served personally upon each
member in the same manner as a district court summons. Thedeleted text end new text begin Anew text end person appointed deleted text begin shalldeleted text end new text begin to
a vacancy pursuant to this paragraph mustnew text end give the bond and take the oath required by law,
and serve the remainder of the term, and until a successor qualifies.

new text begin (b) When a vacancy occurs in the office of sheriff or county attorney less than 84 days
before the state primary in the year preceding the end of the term, the county board may fill
the vacancy by appointment at a regular or special meeting. A person appointed to fill a
vacancy pursuant to this paragraph serves only until the successor is elected. The person
elected at the general election to the office for the ensuing term must take office immediately
after receiving the certificate of election, filing the bond, and taking the oath of office.
 new text end

new text begin (c) new text end When a vacancy occurs in an office that has a chief deputy or first assistant, the chief
deputy or first assistant may perform all the duties and functions of the office until it is filled
by appointment by the county board.

Sec. 2.

new text begin [375.081] VACANCY IN OFFICE OF SHERIFF OR COUNTY ATTORNEY;
OPTIONAL SPECIAL ELECTION.
 new text end

new text begin As an alternative to the appointment procedure provided in section 375.08, a vacancy
in the office of sheriff or county attorney may be filled at a special election as provided in
this section. The county board may, by resolution, call for a special election to be held on
a date authorized by section 205.10, subdivision 3a. The person elected at the special election
must take office immediately after receipt of the certificate of election and upon filing the
bond and taking the oath of office and must serve the remainder of the unexpired term. This
section does not apply to a vacancy that occurs less than 84 days before the state primary
in the year preceding the end of the term.
 new text end