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Chapter 204D
Section 204D.19
Topics
Recent History
- 2013 Subd. 2 Amended 2013 c 131 art 2 s 52
- 2013 Subd. 6 New 2013 c 131 art 5 s 9
- 2010 204D.19 Amended 2010 c 201 s 53
- 2008 Subd. 2 Amended 2008 c 295 s 14
- 1999 Subd. 5 Repealed 1999 c 132 s 46
This is an historical version of this statute chapter. Also view the most recent published version.
204D.19 SPECIAL ELECTIONS; WHEN HELD.
Subdivision 1. Vacancy filled at general election. When a vacancy occurs more than 150
days before the next state general election, and the Congress or the legislature will not be in
session before the final canvass of the state general election returns, the vacancy shall be filled at
the next state general election.
Subd. 2. Special election when the Congress or legislature will be in session. Except
for vacancies in the legislature which occur at any time between the last day of session in
an odd-numbered year and the 33rd day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the Congress or legislature will be in session so
that the individual elected as provided by this section could take office and exercise the duties of
the office immediately upon election, the governor shall issue within five days after the vacancy
occurs a writ calling for a special election. The special election shall be held as soon as possible,
consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more
than 28 days after the issuance of the writ.
Subd. 3. Special election at other times. When a vacancy occurs at a time other than those
described in subdivisions 1 and 2 the governor shall issue a writ, calling for a special election
to be held so that the individual elected may take office at the opening of the next session of
the Congress or of the legislature, or at the reconvening of a session of the Congress or of the
legislature.
Subd. 4. Writ when vacancy results from election contest. If a vacancy results from a
successful election contest, the governor shall issue 22 days after the first day of the legislative
session a writ calling for a special election unless the house in which the contest may be tried has
passed a resolution which states that it will or will not review the court's determination of the
contest. If the resolution states that the house will not review the court's determination, the writ
shall be issued within five days of the passage of the resolution.
Subd. 5.[Repealed, 1999 c 132 s 46]
History: 1981 c 29 art 6 s 19; 1993 c 375 art 7 s 6
Subdivision 1. Vacancy filled at general election. When a vacancy occurs more than 150
days before the next state general election, and the Congress or the legislature will not be in
session before the final canvass of the state general election returns, the vacancy shall be filled at
the next state general election.
Subd. 2. Special election when the Congress or legislature will be in session. Except
for vacancies in the legislature which occur at any time between the last day of session in
an odd-numbered year and the 33rd day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the Congress or legislature will be in session so
that the individual elected as provided by this section could take office and exercise the duties of
the office immediately upon election, the governor shall issue within five days after the vacancy
occurs a writ calling for a special election. The special election shall be held as soon as possible,
consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more
than 28 days after the issuance of the writ.
Subd. 3. Special election at other times. When a vacancy occurs at a time other than those
described in subdivisions 1 and 2 the governor shall issue a writ, calling for a special election
to be held so that the individual elected may take office at the opening of the next session of
the Congress or of the legislature, or at the reconvening of a session of the Congress or of the
legislature.
Subd. 4. Writ when vacancy results from election contest. If a vacancy results from a
successful election contest, the governor shall issue 22 days after the first day of the legislative
session a writ calling for a special election unless the house in which the contest may be tried has
passed a resolution which states that it will or will not review the court's determination of the
contest. If the resolution states that the house will not review the court's determination, the writ
shall be issued within five days of the passage of the resolution.
Subd. 5.[Repealed, 1999 c 132 s 46]
History: 1981 c 29 art 6 s 19; 1993 c 375 art 7 s 6
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