Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 75-S.F.No. 257 
                  An act relating to statutory cities; permitting 
                  special elections in cases of certain vacancies; 
                  amending Minnesota Statutes 1998, sections 205.10, 
                  subdivision 2; and 412.02, subdivision 2a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 205.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VACANCIES IN CITY OFFICES.] Special elections 
        shall be held in statutory cities in conjunction with municipal 
        general elections to fill vacancies in elective city offices as 
        provided in section 412.02, subdivision 2a. 
           Sec. 2.  Minnesota Statutes 1998, section 412.02, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [VACANCY.] 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 or before 
        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 need not 
        be a special election to fill the vacancy and the appointed 
        person shall serve until the qualification of a successor 
        elected at a regular city election.  The council must specify by 
        ordinance under what circumstances it will hold a special 
        election to fill a vacancy other than a special election held at 
        the same time as the regular city election. 
           Presented to the governor April 16, 1999 
           Signed by the governor April 20, 1999, 9:26 a.m.