204D.28 UNITED STATES SENATE VACANCY; MANNER OF FILLING.
Subdivision 1. Scope of section.
Every vacancy in the office of United States senator shall
be filled in the manner provided in this section.
Subd. 2. Definitions.
The definitions in subdivisions 3 to 5 apply to this section.
Subd. 3. Vacancy.
"Vacancy" means a vacancy in the Office of United States Senator.
Subd. 4. November election.
"November election" means:
(a) the state general election in even-numbered years; or
(b) the first Tuesday after the first Monday in November of odd-numbered years.
Subd. 5. Regular state primary.
"Regular state primary" means:
(a) the state primary at which candidates are nominated for offices elected at the state
general election; or
(b) a primary held four weeks before the first Tuesday after the first Monday in November of
Subd. 6. Special election required; exception; when held.
Every vacancy shall be filled for
the remainder of the term by a special election held pursuant to this subdivision; except that no
special election shall be held in the year before the term expires.
The special election shall be held at the next November election if the vacancy occurs at
least six weeks before the regular state primary preceding that election. If the vacancy occurs less
than six weeks before the regular state primary preceding the next November election, the special
election shall be held at the second November election after the vacancy occurs.
Subd. 7. Special primary; when held.
A special primary shall be held at the regular state
primary preceding the November election at which the special election is held.
Subd. 8. Notice of special election.
The secretary of state shall issue an official notice of any
special election required to be held pursuant to this section not later than ten weeks before the
special primary, except that if the vacancy occurs ten weeks or less before the special primary,
the secretary of state shall issue the notice no later than two days after the vacancy occurs. The
notice shall state the office to be filled, the opening and closing dates for filing of candidacy and
the dates of the special primary and special election. For the purposes of those provisions of
that apply generally to special elections, this notice shall be used in
place of the writ of the governor.
Subd. 9. Filing by candidates.
The time for filing of affidavits and nominating petitions for
candidates to fill a vacancy at a special election shall open six weeks before the special primary
or on the day the secretary of state issues notice of the special election, whichever occurs later.
Filings shall close four weeks before the special primary.
Subd. 10. United States senator; candidates; designation of term.
When the names of
candidates for both offices of United States senator are required to be placed on the same ballot,
the expiration date of the term of each office shall be printed on the ballot opposite the name of
each candidate for nomination or election to that office.
Subd. 11. Temporary appointment.
The governor may make a temporary appointment to
fill any vacancy. An appointee shall hold office until a successor is elected and qualified at a
special election or until a successor is elected pursuant to subdivision 12.
Subd. 12. Succession by regularly elected senator.
An individual who is elected to the
office of United States senator for a regular six-year term when the office is vacant or is filled
by an individual appointed pursuant to subdivision 11, shall also succeed to the office for the
remainder of the unexpired term.
Subd. 13. Application of other laws.
Except as otherwise provided in this section, all of the
provisions of sections
that apply generally to other special elections apply to
a special election held pursuant to this section.
History: 1981 c 29 art 6 s 28