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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 205. MUNICIPAL ELECTIONS

Table of Sections
Section Headnote
205.01 DEFINITIONS.
205.02 STATUTES APPLICABLE.
205.021 [Repealed, 1983 c 62 s 12; 1983 c 216 art 2 s 11]
205.03 MS 1982 [Repealed, 1983 c 62 s 12]
205.04 MS 1982 [Repealed, 1983 c 62 s 12]
205.041 [Repealed, 1974 c 337 s 18]
205.05 MS 1974 [Repealed, 1976 c 44 s 70]
205.06 MS 1974 [Repealed, 1976 c 44 s 70]
205.065 PRIMARIES.
205.07 CITY GENERAL ELECTION.
205.075 TOWN GENERAL ELECTION.
205.08 MS 1974 [Repealed, 1976 c 44 s 70]
205.09 MS 1974 [Repealed, 1976 c 44 s 70]
205.091 [Repealed, 1976 c 44 s 70]
205.10 MUNICIPAL SPECIAL ELECTIONS.
205.105 POSTPONEMENT OF ELECTION; INCLEMENT WEATHER.
205.11 MS 1982 [Repealed, 1983 c 62 s 12]
205.12 MS 1974 [Repealed, 1976 c 44 s 70]
205.121 NOMINATING PETITIONS; CITIES OF FIRST CLASS; SIGNATURES.
205.13 CANDIDATES, FILING.
205.14 MS 1982 [Repealed, 1983 c 62 s 12]
205.15 MS 1982 [Repealed, 1983 c 62 s 12]
205.16 NOTICE.
205.17 BALLOTS.
205.175 VOTING HOURS.
205.18 MS 1992 [Repealed, 1994 c 646 s 28]
205.185 PROCEDURE.
205.19 MS 1982 [Repealed, 1983 c 62 s 12]
205.20 MS 1992 [Repealed, 1994 c 646 s 28]
205.21 [Repealed, 1959 c 675 art 13 s 1]
205.22 [Repealed, 1959 c 675 art 13 s 1]
205.23 [Repealed, 1959 c 675 art 13 s 1]
205.24 [Repealed, 1959 c 675 art 13 s 1]
205.25 [Repealed, 1959 c 675 art 13 s 1]
205.26 [Repealed, 1959 c 675 art 13 s 1]
205.27 [Repealed, 1959 c 675 art 13 s 1]
205.28 [Repealed, 1959 c 675 art 13 s 1]
205.29 [Repealed, 1959 c 675 art 13 s 1]
205.30 [Repealed, 1959 c 675 art 13 s 1]
205.31 [Repealed, 1959 c 675 art 13 s 1]
205.32 [Repealed, 1959 c 675 art 13 s 1]
205.33 [Repealed, 1959 c 675 art 13 s 1]
205.34 [Repealed, 1959 c 675 art 13 s 1]
205.35 [Repealed, 1959 c 675 art 13 s 1]
205.36 [Repealed, 1959 c 675 art 13 s 1]
205.37 [Repealed, 1959 c 675 art 13 s 1]
205.38 [Repealed, 1959 c 675 art 13 s 1]
205.39 [Repealed, 1959 c 675 art 13 s 1]
205.40 [Repealed, 1959 c 675 art 13 s 1]
205.41 [Repealed, 1959 c 675 art 13 s 1]
205.42 [Repealed, 1959 c 675 art 13 s 1]
205.43 [Repealed, 1959 c 675 art 13 s 1]
205.44 [Repealed, 1959 c 675 art 13 s 1]
205.45 [Repealed, 1959 c 675 art 13 s 1]
205.46 [Repealed, 1959 c 675 art 13 s 1]
205.47 [Repealed, 1959 c 675 art 13 s 1]
205.48 [Repealed, 1959 c 675 art 13 s 1]
205.49 [Repealed, 1959 c 675 art 13 s 1]
205.50 [Repealed, 1959 c 675 art 13 s 1]
205.51 [Repealed, 1959 c 675 art 13 s 1]
205.52 [Repealed, 1959 c 675 art 13 s 1]
205.53 [Repealed, 1959 c 675 art 13 s 1]
205.54 [Repealed, 1959 c 675 art 13 s 1]
205.55 [Repealed, 1959 c 675 art 13 s 1]
205.56 [Repealed, 1959 c 675 art 13 s 1]
205.57 [Repealed, 1959 c 675 art 13 s 1]
205.58 [Repealed, 1959 c 675 art 13 s 1]
205.59 [Repealed, 1959 c 675 art 13 s 1]
205.60 [Repealed, 1959 c 675 art 13 s 1]
205.61 [Repealed, 1959 c 675 art 13 s 1]
205.62 [Repealed, 1959 c 675 art 13 s 1]
205.63 [Repealed, 1959 c 675 art 13 s 1]
205.64 [Repealed, 1959 c 675 art 13 s 1]
205.65 [Repealed, 1959 c 675 art 13 s 1]
205.66 [Repealed, 1959 c 675 art 13 s 1]
205.67 [Repealed, 1959 c 675 art 13 s 1]
205.68 [Repealed, 1959 c 675 art 13 s 1]
205.69 [Repealed, 1959 c 675 art 13 s 1]
205.70 [Repealed, 1959 c 675 art 13 s 1]
205.71 [Repealed, 1959 c 675 art 13 s 1]
205.72 [Repealed, 1959 c 675 art 13 s 1]
205.73 [Repealed, 1959 c 675 art 13 s 1]
205.74 [Repealed, 1959 c 675 art 13 s 1]
205.75 [Repealed, 1959 c 675 art 13 s 1]
205.76 [Repealed, 1959 c 675 art 13 s 1]
205.77 [Repealed, 1959 c 675 art 13 s 1]
205.78 [Repealed, 1959 c 675 art 13 s 1]
205.79 [Repealed, 1959 c 675 art 13 s 1]
205.80 [Repealed, 1959 c 675 art 13 s 1]
205.81 [Repealed, 1959 c 675 art 13 s 1]
205.82 [Repealed, 1959 c 675 art 13 s 1]
205.83 [Repealed, 1959 c 675 art 13 s 1]
205.84 REDISTRICTING; CITIES WITH WARDS.
205.01 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.01 DEFINITIONS.

Subdivision 1.Applicability.

The definitions in chapter 200 and in this section apply to this chapter.

Subd. 2.Municipal election.

"Municipal election" means an election held in any municipality at which the voters of the municipality nominate or choose by ballot any public officials for the municipality or decide any public question relating to the municipality that is lawfully submitted to them.

205.02 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.02 STATUTES APPLICABLE.

Subdivision 1.Minnesota Election Law.

Except as provided in this chapter the provisions of the Minnesota Election Law apply to municipal elections, so far as practicable.

Subd. 2.City elections.

In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in this chapter, except that sections 205.065, subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivision 3, do not apply to a city whose charter provides the manner of holding its primary, general or special elections.

205.03 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.03 MS 1982 [Repealed, 1983 c 62 s 12]
205.04 MS 1957 [Renumbered 205.19]
205.04 MS 1982 [Repealed, 1983 c 62 s 12]
205.041 [Repealed, 1974 c 337 s 18]
205.05 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.05 MS 1974 [Repealed, 1976 c 44 s 70]
205.06 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.06 MS 1974 [Repealed, 1976 c 44 s 70]

205.065 PRIMARIES.

Subdivision 1.Establishing primary.

A municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers. The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

Subd. 2.Resolution or ordinance.

The governing body of a city may, by ordinance or resolution adopted by April 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance.

Subd. 3.

[Repealed, 1994 c 646 s 28]

Subd. 4.Candidates, filing.

The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office.

Subd. 5.Results.

(a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. If the primary is conducted:

(1) only within that municipality, a canvass may be conducted on either the second or third day after the primary; or

(2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b).

The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee.

(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day.

Subd. 6.Recount.

A losing candidate at the municipal primary may request a recount of the votes for that nomination subject to the requirements of section 204C.36.

Subd. 7.

[Repealed, 2011 c 65 s 9]

205.07 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.07 CITY GENERAL ELECTION.

Subdivision 1.Date of election.

The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd-numbered year. A city may hold elections in either the even-numbered year or the odd-numbered year, but not both. When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election. The term of office for the mayor may be either two or four years. The term of office of council members is four years. Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made. A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

Subd. 1a.City council members; expiration of terms.

The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. All officers of charter cities chosen and qualified shall hold office until their successors qualify.

Subd. 2.

[Repealed, 1976 c 44 s 70]

Subd. 3.Effect of ordinance; referendum.

An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. If the petition is filed, the governing body may reconsider its action in adopting the ordinance.

205.075 TOWN GENERAL ELECTION.

Subdivision 1.Date of election.

The general election in a town must be held on the second Tuesday in March, except as provided in subdivision 2 or when moved for bad weather as provided in section 365.51, subdivision 1.

Subd. 2.Alternate date.

A town may, by resolution or ordinance, designate the first Tuesday after the first Monday in November of either the even-numbered or the odd-numbered year as the date of the town general election. Town supervisors elected at a November town general election shall serve four-year terms.

The ordinance or resolution changing the date of the town general election must include a plan to shorten or lengthen the terms of office to provide an orderly transition to the November election schedule.

The ordinance or resolution changing the date of the town general election may be proposed by the town board or by a resolution of the electors adopted at the annual town meeting and is effective upon an affirmative vote of the electors at the next town general election.

Subd. 2a.Return to March election.

The town board of a town that has adopted the alternative November election date under subdivision 2 may, after having conducted at least two elections on the alternative date, adopt a resolution designating the second Tuesday in March as the date of the town general election. The resolution must be adopted by a unanimous vote of the town supervisors and must include a plan to shorten or lengthen the terms of office to provide an orderly transition to the March election schedule. The resolution becomes effective upon an affirmative vote of the electors at the next town general election.

Subd. 3.More than one seat to be filled at any election.

A candidate filing for town supervisor when more than one seat is to be filled at an election held under subdivision 2 must designate when filing the specific seat which the candidate is seeking.

Subd. 4.Election judges; party balance.

The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party balance in the appointment of judges and to duties to be performed by judges of different major political parties do not apply to a town election not held in conjunction with a statewide election.

205.08 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.08 MS 1974 [Repealed, 1976 c 44 s 70]
205.09 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.09 MS 1974 [Repealed, 1976 c 44 s 70]
205.091 [Repealed, 1976 c 44 s 70]
205.10 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.10 MUNICIPAL SPECIAL ELECTIONS.

Subdivision 1.Questions.

Special elections may be held in a city or town on a question on which the voters are authorized by law or charter to pass judgment. A special election may be ordered by the governing body of the municipality on its own motion or, on a question that has not been submitted to the voters in an election within the previous six months, upon a petition signed by a number of voters equal to 20 percent of the votes cast at the last municipal general election. A question is carried only with the majority in its favor required by law or charter. The election officials for a special election shall be the same as for the most recent municipal general election unless changed according to law. Otherwise special elections shall be conducted and the returns made in the manner provided for the municipal general election.

Subd. 2.Vacancies in city offices.

Special elections shall be held in statutory cities to fill vacancies in elective city offices as provided in section 412.02, subdivision 2a.

Subd. 3.Prohibition.

No special election authorized under subdivision 1 may be held within 56 days after the state general election.

Subd. 4.Vacancies in town offices.

Special elections must be held with the town general election to fill vacancies in town offices as provided in section 367.03, subdivision 6.

Subd. 5.Limit on ballot questions.

The governing body of a city or town may not act to submit a ballot question at a general or special election and may not accept a petition for submission of a ballot question at a general or special election unless all election-related deadlines can be met, including publication deadlines for all required notices. A petition rejected under this subdivision may be resubmitted at a time when compliance with all election-related deadlines is possible. Nothing in this subdivision requires the scheduling of a special election for a ballot question.

Subd. 6.Cancellation.

A special election ordered by the governing body of the municipality on its own motion under subdivision 1 may be canceled by motion of the governing body, but not less than 46 days before the election.

205.105 POSTPONEMENT OF ELECTION; INCLEMENT WEATHER.

Subdivision 1.Applicability.

This section applies to a primary, special, or general election held in a city that is not held in conjunction with a state or federal election, and to town elections when postponement of the town election is not subject to section 365.51.

Subd. 2.Postponement of election.

(a) In the event of severe or inclement weather, the municipal clerk may postpone an election when the National Weather Service or a law enforcement agency has issued storm warnings or travel advisories indicating that the weather conditions would make travel to a polling place difficult or hazardous for voters and election judges. When one or more jurisdictions are holding elections in conjunction with one another, the jurisdiction that covers the largest geographic area has the authority, after consulting with the other auditors and clerks, to make the decision to postpone all of the elections. A decision to postpone an election must apply to every precinct in the jurisdiction.

(b) A decision to postpone an election must be made no later than 6:00 p.m. on the day before the election. The clerk must contact the election judges and notify local media outlets of the postponement. The clerk must also post a notice on the jurisdiction's Web site, if practicable.

(c) A postponed election must be rescheduled for the next following Tuesday after the election was originally scheduled. The date on which the postponed election will be held shall be considered the date of the election for purposes of absentee voting under chapter 203B. An election that is postponed due to weather may be postponed again if necessary under this section.

History:

2010 c 201 s 60

205.11 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.11 MS 1982 [Repealed, 1983 c 62 s 12]
205.12 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.12 MS 1974 [Repealed, 1976 c 44 s 70]

205.121 NOMINATING PETITIONS; CITIES OF FIRST CLASS; SIGNATURES.

A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who maintain residence in the election district from which the candidate is to be elected. The number of signers shall equal 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater.

205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.13 CANDIDATES, FILING.

Subdivision 1.Affidavit of candidacy.

An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in the same form as that in section 204B.06. The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation.

Subd. 1a.Filing period.

In a city nominating candidates at a primary, an affidavit of candidacy for a city office voted on in November must be filed no more than 84 days nor less than 70 days before the city primary. In municipalities that do not hold a primary, an affidavit of candidacy must be filed no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 98 days nor less than 84 days before the municipal general election held in November of any year. The municipal clerk's office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.

Subd. 1b.Absent candidates.

A candidate for municipal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed.

Subd. 2.Notice of filing dates.

At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy. The notice must separately list any office for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a special election is being held to fill a vacancy as provided in section 412.02, subdivision 2a.

Subd. 3.Filing fees.

(a) Except as otherwise provided in this section, the filing fee for a municipal office is as follows:

(1) in first class cities, $20;

(2) in second and third class cities, $5; and

(3) in fourth class cities and towns, $2.

(b) A home rule charter or statutory city may adopt, by ordinance, a filing fee of a different amount not to exceed the following:

(1) in first class cities, $80;

(2) in second and third class cities, $40; and

(3) in fourth class cities, $15.

(c) A home rule charter city that sets filing fees by authority provided in city charter is not subject to the fee limits in this section.

Subd. 4.Petition in place of fees.

A candidate for municipal office may file a petition in place of the filing fees specified in subdivision 3. The petition shall meet the requirements of section 204B.11, subdivision 2.

Subd. 5.Nominating petition; cities of the first class.

A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside in the election district from which the candidate is to be elected. The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater.

Subd. 6.Withdrawal.

A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal.

205.14 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.14 MS 1982 [Repealed, 1983 c 62 s 12]
205.15 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.15 MS 1982 [Repealed, 1983 c 62 s 12]
205.16 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.16 NOTICE.

Subdivision 1.Publication and posting.

In every municipality, the municipal clerk shall, except as otherwise provided in this section, give two weeks' published notice, and may also give ten days' posted notice, of the election, stating the time of the election, the location of each polling place, the offices to be filled, and all propositions or questions to be voted upon at the election. In a city of the fourth class or a town not located within a metropolitan county as defined in section 473.121, the governing body may dispense with publication of the notice of the municipal general election, in which case ten days' posted notice shall be given. The municipal clerk shall also post a copy of the notice in the clerk's office for public inspection.

Subd. 2.Sample ballot, publication.

For every municipal election, the municipal clerk shall, at least two weeks before the election, publish a sample ballot in the official newspaper of the municipality, except that the governing body of a fourth class city or a town not located within a metropolitan county as defined in section 473.121 may dispense with publication.

Subd. 3.Sample ballot, posting.

For every municipal election, the municipal clerk shall at least two weeks before the election prepare a sample ballot for the municipality, make them available for public inspection in the clerk's office, and post a sample ballot in each polling place on election day.

Subd. 4.Notice to auditor.

At least 74 days before every municipal election, the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. At least 74 days before every municipal election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6.

Subd. 5.Notice to secretary of state.

At least 74 days before every municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state.

205.17 MS 1957 [Repealed, 1959 c 675 art 13 s 1]

205.17 BALLOTS.

Subdivision 1.Municipal offices; questions; general election ballot.

In all statutory and home rule charter cities, and in all towns, the municipal clerk shall have printed the official ballot containing the names of all candidates for municipal offices and municipal ballot questions. The ballot shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the state general election ballot. The names shall be arranged on city ballots in the manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either:

(1) alphabetically according to the candidates' surnames; or

(2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years.

Subd. 2.

[Repealed, 2013 c 131 art 2 s 85]

Subd. 3.Primary ballots.

The municipal primary ballot shall conform as far as practicable with the municipal general election ballot. No blank spaces shall be provided for writing in the names of candidates.

Subd. 4.

[Repealed, 2013 c 131 art 2 s 85]

Subd. 5.Statutory cities; vacancies.

In statutory cities, the names of candidates to fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall be placed on the municipal primary and general election ballots. The names of candidates to fill a vacancy in the office of council member in a statutory city shall be listed under the separate heading "Special election for council member to fill vacancy in term expiring ........," with the date of expiration of the term and any other information necessary to distinguish the office. Under the heading for the office of mayor in a special election shall be the words "To fill vacancy in term expiring ............."

Subd. 6.Form of ballot.

The ballots for municipal elections must be prepared by the municipal clerk in the manner provided in the rules of the secretary of state.

Subd. 7.Example ballot.

No later than 30 days before absentee ballots must be prepared and delivered under section 204B.35 for use in a town general election conducted in March, the secretary of state shall supply each town clerk in a town conducting a March general election with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the general election that year.

205.175 VOTING HOURS.

Subdivision 1.Minimum voting hours.

In all municipal elections, the polling places will remain open for voting from 5:00 p.m. to 8:00 p.m.

Subd. 2.Metropolitan area municipalities.

The governing body of a municipality which is located within a metropolitan county included in the definition of metropolitan area in section 200.02, subdivision 24, may designate the time during which the polling places will remain open for voting at the next succeeding and all subsequent municipal elections, provided that the polling places shall open no later than 10:00 a.m. and shall close no earlier than 8:00 p.m. The resolution shall remain in force until it is revoked by the municipal governing body.

Subd. 3.Other municipalities.

The governing body of a municipality other than a municipality described in subdivision 2, may by resolution adopted prior to giving notice of the election, designate the time, in addition to the minimum voting hours provided in subdivision 1, during which the polling places will remain open for voting at the next succeeding and all subsequent municipal elections. The resolution shall remain in force until it is revoked by the municipal governing body or changed because of request by voters as provided in this subdivision. If a petition requesting longer voting hours, signed by a number of voters equal to 20 percent of the votes cast at the last municipal election, is presented to the municipal clerk no later than 30 days prior to the municipal election, then the polling places for that election shall open at 10:00 a.m. and close at 8:00 p.m. The municipal clerk shall give ten days' notice of the changed voting hours and notify the county auditor of the change. Municipalities covered by this subdivision shall certify their election hours to the county auditor in January of each year.

205.18 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.18 MS 1992 [Repealed, 1994 c 646 s 28]

205.185 PROCEDURE.

Subdivision 1.Materials, ballots.

The municipal clerk shall prepare and have printed the necessary election materials, including ballots, for a municipal election.

Subd. 2.Election, conduct.

A municipal election shall be by secret ballot and shall be held and the returns made in the manner provided for the state general election, except as expressly provided by law.

Subd. 3.Canvass of returns, certificate of election, ballots, disposition.

(a) Between the third and tenth days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare the results of the election. The governing body of a town conducting the general election in March shall act as the canvassing board, canvass the returns, and declare the results of the election within two days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.

Subd. 4.Recount.

A losing candidate at a municipal election may request a recount of the votes for that office subject to the requirements of section 204C.36.

205.19 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.19 MS 1982 [Repealed, 1983 c 62 s 12]
205.20 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
205.20 MS 1992 [Repealed, 1994 c 646 s 28]
205.21 [Repealed, 1959 c 675 art 13 s 1]
205.22 [Repealed, 1959 c 675 art 13 s 1]
205.23 [Repealed, 1959 c 675 art 13 s 1]
205.24 [Repealed, 1959 c 675 art 13 s 1]
205.25 [Repealed, 1959 c 675 art 13 s 1]
205.26 [Repealed, 1959 c 675 art 13 s 1]
205.27 [Repealed, 1959 c 675 art 13 s 1]
205.28 [Repealed, 1959 c 675 art 13 s 1]
205.29 [Repealed, 1959 c 675 art 13 s 1]
205.30 [Repealed, 1959 c 675 art 13 s 1]
205.31 [Repealed, 1959 c 675 art 13 s 1]
205.32 [Repealed, 1959 c 675 art 13 s 1]
205.33 [Repealed, 1959 c 675 art 13 s 1]
205.34 [Repealed, 1959 c 675 art 13 s 1]
205.35 [Repealed, 1959 c 675 art 13 s 1]
205.36 [Repealed, 1959 c 675 art 13 s 1]
205.37 [Repealed, 1959 c 675 art 13 s 1]
205.38 [Repealed, 1959 c 675 art 13 s 1]
205.39 [Repealed, 1959 c 675 art 13 s 1]
205.40 [Repealed, 1959 c 675 art 13 s 1]
205.41 [Repealed, 1959 c 675 art 13 s 1]
205.42 [Repealed, 1959 c 675 art 13 s 1]
205.43 [Repealed, 1959 c 675 art 13 s 1]
205.44 [Repealed, 1959 c 675 art 13 s 1]
205.45 [Repealed, 1959 c 675 art 13 s 1]
205.46 [Repealed, 1959 c 675 art 13 s 1]
205.47 [Repealed, 1959 c 675 art 13 s 1]
205.48 [Repealed, 1959 c 675 art 13 s 1]
205.49 [Repealed, 1959 c 675 art 13 s 1]
205.50 [Repealed, 1959 c 675 art 13 s 1]
205.51 [Repealed, 1959 c 675 art 13 s 1]
205.52 [Repealed, 1959 c 675 art 13 s 1]
205.53 [Repealed, 1959 c 675 art 13 s 1]
205.54 [Repealed, 1959 c 675 art 13 s 1]
205.55 [Repealed, 1959 c 675 art 13 s 1]
205.56 [Repealed, 1959 c 675 art 13 s 1]
205.57 [Repealed, 1959 c 675 art 13 s 1]
205.58 [Repealed, 1959 c 675 art 13 s 1]
205.59 [Repealed, 1959 c 675 art 13 s 1]
205.60 [Repealed, 1959 c 675 art 13 s 1]
205.61 [Repealed, 1959 c 675 art 13 s 1]
205.62 [Repealed, 1959 c 675 art 13 s 1]
205.63 [Repealed, 1959 c 675 art 13 s 1]
205.64 [Repealed, 1959 c 675 art 13 s 1]
205.65 [Repealed, 1959 c 675 art 13 s 1]
205.66 [Repealed, 1959 c 675 art 13 s 1]
205.67 [Repealed, 1959 c 675 art 13 s 1]
205.68 [Repealed, 1959 c 675 art 13 s 1]
205.69 [Repealed, 1959 c 675 art 13 s 1]
205.70 [Repealed, 1959 c 675 art 13 s 1]
205.71 [Repealed, 1959 c 675 art 13 s 1]
205.72 [Repealed, 1959 c 675 art 13 s 1]
205.73 [Repealed, 1959 c 675 art 13 s 1]
205.74 [Repealed, 1959 c 675 art 13 s 1]
205.75 [Repealed, 1959 c 675 art 13 s 1]
205.76 [Repealed, 1959 c 675 art 13 s 1]
205.77 [Repealed, 1959 c 675 art 13 s 1]
205.78 [Repealed, 1959 c 675 art 13 s 1]
205.79 [Repealed, 1959 c 675 art 13 s 1]
205.80 [Repealed, 1959 c 675 art 13 s 1]
205.81 [Repealed, 1959 c 675 art 13 s 1]
205.82 [Repealed, 1959 c 675 art 13 s 1]
205.83 [Repealed, 1959 c 675 art 13 s 1]

205.84 REDISTRICTING; CITIES WITH WARDS.

Subdivision 1.General provisions.

(a) In a city electing council members by wards, wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Each council member shall be a resident of the ward for which elected, but, except as otherwise provided by paragraph (b), a change in ward boundaries does not disqualify a council member from serving for the remainder of a term.

(b) Notwithstanding any home rule charter provision to the contrary, in a city of the first class where council members are elected by ward to serve for four years to terms that are not staggered, if the population of any ward changes by five percent or more, all council members must be elected to new terms at the first municipal general election after ward boundaries are redefined under subdivision 2; provided, however, that if no municipal general election would otherwise occur in the year ending in "2" or the year ending in "3," a municipal general election must be held in one of those years.

Subd. 2.Effective date.

After the official certification of the federal decennial or special census, the governing body of the city shall either confirm the existing ward boundaries as conforming to the standards of subdivision 1 or redefine ward boundaries to conform to those standards as provided in section 204B.135, subdivision 1. If the governing body of the city fails to take either action within the time required, no further compensation shall be paid to the mayor or council member until the wards of the city are either reconfirmed or redefined as required by this section. An ordinance establishing new ward boundaries pursuant to section 204B.135, subdivision 1, becomes effective on the date of the state primary election in the year ending in two, except that new ward boundaries established by a municipality in a year ending in one are effective on the date of the municipal primary election in the year ending in one.

Subd. 3.Transition schedule.

The governing body of a city electing more than one council member in each ward may adopt an orderly transition schedule to biennial November elections in which only one council member in each ward is elected in any municipal general election.