Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 422-S.F.No. 2255 
                  An act relating to local government; providing for 
                  certain vacancies in the elected offices of mayor or 
                  council member in statutory cities and county 
                  commissioner; amending Minnesota Statutes 1994, 
                  sections 375.101; and 412.02, subdivision 2a, and by 
                  adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 375.101, is 
        amended to read: 
           375.101 [VACANCY IN OFFICE OF COUNTY COMMISSIONER.] 
           Subdivision 1.  Except as provided in subdivision 3, a 
        vacancy in the office of county commissioner shall be filled at 
        a special election not less than 30 nor more than 60 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.  
           Subd. 2.  If the a vacancy for which a special election is 
        required occurs less than 60 days before the general election 
        preceding the end of the term, the vacancy shall be filled by 
        the person elected at that election for the ensuing term who 
        shall take office immediately after receiving the certificate of 
        election, filing the bond and taking the oath of office.  
           Subd. 3.  In addition to the events specified in section 
        351.02, absence from the county for six consecutive months shall 
        create a vacancy in the office of county commissioner may be 
        declared by the county board when a commissioner is unable to 
        serve in the office or attend board meetings for a 90-day period 
        because of illness, or because of absence from or refusal to 
        attend board meetings for a 90-day period.  If any of the 
        preceding conditions occurs, the county board may, after the 
        board by resolution has declared a vacancy to exist, make an 
        appointment to fill the vacancy at a regular or special meeting 
        for the remainder of the unexpired term or until the ill or 
        absent member is again able to resume duties and attend county 
        board meetings, whichever is earlier.  If the original member is 
        again able to resume duties and attend board meetings, the board 
        shall by resolution so determine and remove the appointed 
        officeholder and restore the original member to office. 
           Sec. 2.  Minnesota Statutes 1994, section 412.02, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  Except as otherwise provided in subdivision 2b, 
        a vacancy in an office shall be filled by council appointment 
        until an election is held as provided in this subdivision.  In 
        case of a tie vote in the council, the mayor shall make the 
        appointment.  If the vacancy occurs before the first day to file 
        affidavits of candidacy for the next regular city election and 
        more than two years remain in the unexpired term, a special 
        election shall be held at the next regular city election and the 
        appointed person shall serve until the qualification of a 
        successor elected at a special election to fill the unexpired 
        portion of the term.  If the vacancy occurs on or after the 
        first day to file affidavits of candidacy for the regular city 
        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 until the qualification of a 
        successor elected at a regular city election. 
           Sec. 3.  Minnesota Statutes 1994, section 412.02, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  A vacancy in the office of mayor or council 
        member may be declared by the council when the officeholder is 
        unable to serve in the office or attend council meetings for a 
        90-day period because of illness, or because of absence from or 
        refusal to attend council meetings for a 90-day period.  If any 
        of the preceding conditions occurs, the council may, after it 
        has by resolution declared a vacancy to exist, fill the vacancy 
        at a regular or special council meeting for the remainder of the 
        unexpired term, or until the person is again able to resume 
        duties and attend council meetings, whichever is earlier.  When 
        the person is again able to resume duties and attend council 
        meetings, the council shall by resolution remove the temporary 
        officeholder and restore the original officeholder. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 12:53 p.m.