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2006 Minnesota Statutes
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Chapter 375
Section 375.101
Topics
Recent History
- 2017 Subd. 1 Amended 2017 c 92 art 2 s 18
- 2010 Subd. 1 Amended 2010 c 201 s 80
- 2010 Subd. 2 Amended 2010 c 201 s 81
- 2008 Subd. 4 Amended 2008 c 246 s 1
- 2008 Subd. 5 New 2008 c 246 s 2
- 2007 Subd. 1 Amended 2007 c 52 s 1
- 2007 Subd. 4 New 2007 c 52 s 2
- 1996 375.101 Amended 1996 c 422 s 1
This is an historical version of this statute chapter. Also view the most recent published version.
375.101 VACANCY IN OFFICE OF COUNTY COMMISSIONER.
Subdivision 1. Election in 30 to 60 days. Except as provided in subdivision 3, a vacancy
in the office of county commissioner shall be filled at a special election not less than 30 nor
more than 60 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 351.02, a
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.
History: 1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1
Subdivision 1. Election in 30 to 60 days. Except as provided in subdivision 3, a vacancy
in the office of county commissioner shall be filled at a special election not less than 30 nor
more than 60 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 351.02, a
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.
History: 1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1
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Revisor of Statutes