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Office of the Revisor of Statutes

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

                             CHAPTER 56-H.F.No. 361 
                  An act relating to elections; providing procedures and 
                  criteria for calling special elections to fill 
                  vacancies in certain instances; amending Minnesota 
                  Statutes 2002, sections 365.52, subdivision 1; 367.03, 
                  subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 365.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEETING; HOW, WHY CALLED.] A special town 
        meeting may be held for an election to fill a vacancy when the 
        town board has failed to fill the vacancy by appointment.  A 
        special meeting may also be held to do other to conduct any 
        lawful business.  To call a special meeting, the supervisors and 
        town clerk, or any two of them, together with at least 12 other 
        town freeholders, shall file a statement in the town clerk's 
        office.  The statement must tell why the meeting is called, the 
        particular business to be transacted, and that the interests of 
        the town require the meeting.  A special town meeting may also 
        be called on petition of 20 percent of the electors of the 
        town.  The percentage is of the number of voters at the last 
        general election. 
           Sec. 2.  Minnesota Statutes 2002, section 367.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VACANCIES.] (a) When a vacancy occurs in a town 
        office, the town board shall fill the vacancy by appointment.  
        Except as provided in paragraph (b), the person appointed shall 
        hold office until the next annual town election, when a 
        successor shall be elected for the unexpired term.  
           (b) When a vacancy occurs in a town office: 
           (1) with more than one year remaining in the term; and 
           (2) on or after the 14th day before the first day to file 
        an affidavit of candidacy for the town election; 
        the vacancy must be filled by appointment.  The person appointed 
        serves until the next annual town election following the 
        election for which affidavits of candidacy are to be filed, when 
        a successor shall be elected for the unexpired term. 
           (c) A vacancy in the office of supervisor must be filled by 
        an appointment committee comprised of the remaining supervisors 
        and the town clerk.  
           (d) Any person appointed to fill the vacancy in the office 
        of supervisor must, upon assuming the office, be an eligible 
        voter, be 21 years of age, and have resided in the town for at 
        least 30 days.  
           (e) When, because of a vacancy, more than one supervisor is 
        to be chosen at the same election, candidates for the offices of 
        supervisor shall file for one of the specific terms being filled.
           (f) When, for any reason, the town board or the appointment 
        committee fails to fill a vacancy in the position of an elected 
        town officer by appointment, a special election may be called. 
        To call a special election, the supervisors and town clerk, or 
        any two of them together with at least 12 other town 
        freeholders, must file a statement in the town clerk's office. 
        The statement must tell why the election is called and that the 
        interests of the town require the election.  When the town board 
        or the appointment committee fails to fill a vacancy by 
        appointment, a special town election may also be called on 
        petition of 20 percent of the electors of the town.  The 
        percentage is of the number of voters at the last general 
        election.  A special town election must be conducted in the 
        manner required for the annual town election. 
           (g) Law enforcement vacancies must be filled by appointment 
        by the town board. 
           Presented to the governor May 15, 2003 
           Signed by the governor May 19, 2003, 11:35 a.m.