375.101 VACANCY IN OFFICE OF COUNTY COMMISSIONER.
Subdivision 1. Option for filling vacancies; election in 30 to 90 days.
Except as provided
in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in
this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled
under this subdivision and subdivision 2, it must be filled at a special election not less than 30
nor more than 90 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. When victor seated immediately.
If 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. Inability or refusal to serve.
In addition to the events specified in section
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.
Subd. 4. Option for filling vacancies; appointment.
Except as provided in subdivision 3,
and as an alternative to the procedure provided in subdivisions 1 and 2, any other vacancy in the
office of county commissioner may be filled by board appointment at a regular or special meeting.
The appointment shall be evidenced by a resolution entered in the minutes and shall continue until
an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired
term. If the vacancy occurs before the first day to file affidavits of candidacy for the next county
general election and more than two years remain in the unexpired term, a special election shall be
held in conjunction with the county general election. The appointed person shall serve until the
qualification of the successor elected to fill the unexpired part of the term at that special election.
If the vacancy occurs on or after the first day to file affidavits of candidacy for the county general
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 the remainder of the unexpired
term and until a successor is elected and qualifies at the county general election.
History: 1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1; 2007 c 52 s 1,2