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Section 4.05. Vacancy of Municipal Elected Office. 1  <br /> 2  <br />Subdivision 1. Vacancy with 365 days or more remaining in the term 3  <br />When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the 4  <br />vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a 5  <br />successor to serve for the remainder of the unexpired term of the office vacated. If this vacancy is within 120 6  <br />days before a regular municipal election date, see subdivision 3. 7  <br /> 8  <br />a) Subdivision 2. Special Election Notice 9  <br />The City Administrator shall give at least sixty days published prior notice of such special election, 10  <br />except as set forth under Subdivision 53 of this section. 11  <br /> 12  <br />b) Subdivision 3. Special Election Procedure 13  <br />The procedure at such election and assumption of duties of elected officers following such election shall 14  <br />conform as nearly as practicable to that those prescribed for other municipal elections under this Charter. 15  <br /> 16  <br />Subdivision 42. Vacancy with less than 365 days remaining in term 17  <br />In the case of a vacancy where there remains less than 365 days in the unexpired term, with the exception of 18  <br />subdivision 3, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. 19  <br />In the case of a tie vote of the Council, the Mayor shall make said appointment. 20  <br /> 21  <br />Subdivision 53. Vacancies within 120 days before a regular municipal election date 22  <br />When a vacancy in an elected municipal office occurs within 120 days prior to before a regular municipal 23  <br />election date, the special election to fill the vacancy shall coincide with the regular election. 24  <br /> 25  <br />If the vacancy occurs within sixty days before the regular election date, the notice of such vacancy shall be 26  <br />published as soon as is practicable. 27  <br /> 28  <br />a) Vacancy of an expiring term: If within the 120 day period before a regular municipal election, the 29  <br />vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers 30  <br />whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes 31  <br />of the election. 32  <br /> 33  <br />b) Vacancy of an unexpired term: However, If such a vacancy occurs within 120 days before a regular 34  <br />municipal election in the office of either of the other two Councilmembers with unexpired terms, the 35  <br />seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case 36  <br />of two vacancies, the third and fourth highest vote totals. 37  <br /> 38  <br />Where two unexpired term vacancies exist, the candidate with the third highest total shall fill the 39  <br />vacancy in the office having the longest unexpired term. 40  <br /> 41  <br /> 42  <br />Subdivision 64. Insufficient numbers of candidates 43  <br />If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated 44  <br />municipal offices, the City Council shall fill said offices by appointment until the next regular municipal 45  <br />election. In the case of a tie vote of the Council, the Mayor shall make said appointment. 46  <br /> 47  <br />Subdivision 75: Assumption of duties 48  <br />Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting 49  <br />following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 50  <br />2004). 51