HomeMy WebLinkAboutCharter_Ch._4_BA_201901221531CHAPTER 4
NOMINATION AND ELECTIONS
SECTION:
4.01 Municipal General Election
4.02 Municipal Special Elections
4.03 Notice of Election
4.04 Filing for Office
4.05 Insufficient Number of Candidates
4.056 Vacancy of Elected Office
4.067 Assumption of Duties
4.078 Severability
Section 4.01. The R e gu l a r Municipal General Election
Subdivision 1. The Council shall establish by resolution a municipal general election for the purpose
of electing Council members and Mayor.
Subdivision 2. A regular municipal general election shall be held on the first Tuesday after the first-
Monday in November of each even numbered year commencing in 1980 in compliance with MN Statute
205.07, as amended, and at such places polling location(s) as the City Council shall designate per MN
Statutes. the City Administrator by posting a notice thereof in at least one public place in each election
precinct, and by publishing a notice thereof at least once in the official newspaper of he City stating the time
and places of holding such election and of the officers to be elected. Failure to give such notice shall not
invalidate such election. At least fifteen days prior notice shall be given by
(Moved to 4.03 sub2) Elected and qualified officers provided for by this Charter shall assume the
duties of office to which they were elected on the first business day in January following such election.
(Moved to 4.06)
Subdivision 3. (moved from old Section 4.03) Consistent with the provisions of this Charter and
applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections.
Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections
shall apply to municipal elections.
4.02 Filing for Office(moved to Section 4.04)
Section 4.02 (Was Section 4.04) Municipal Special Election
Subdivision 1. The Council shall by resolution order a special election for the purpose of filling a
Council vacancy, a referendum issue, or advisory election and provide all means for holding it per MN
Statutes 205.10 Subd 3a, 3b, and 5. At least fifteen days prior notice shall be given by the City Administrator
by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice
thereof at least once in the official newspaper of the City stating the time and place of holding such election.
Failure to give such notice shall not invalidate such election. (See 4.03 Subd 2)
Subdivision 2. A special election shall be held on one of the following: the second Tuesday of
February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues
205.10 Subd 3a, 3b, 5 as, amended.
1/22/19 15:32:04 DRAFT Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN
Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections
and voter petition qualifications.
Procedures at Election Section 4.03. (see Section 4.01 Subdivision 3)
Section 4.03 Notice of Filing and Election for Municipal and Special Elections .
Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a
publicly accessible location at City Hall, and on the City website. Such notice will state the dates for
Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted,
per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be published two
weeks prior to the first candidate filing date and posted at the filing location at the same time.
Subdivision 2. The Election Day Notice shall be posted or published by the City Administrator sixty
days prior to election day at City Hall, in the City's official newspaper, and all media outlets regularly used
by the City . The notice shall include the City elections date, places and times (including times for “early”
absentee voting). At least fifteen days prior notice shall be given by the City Administrator by posting a notice
thereof in at least one public place in each geographic election precinct where a City maintained “Welcome to
the City of Mounds View” signage is posted , and by publishing a notice thereof at least once in the official
newspaper of the City stating providing the time and place of holding such election. Failure to give such notice
shall not invalidate such election. .
Section 4.04 Section 4.04 Special and Advisory Elect i o ns except for E l ected Off i c e . The Council shall
by re s o lut i on order a special or adv i sory el e ction and provide all means for ho l ding i t. At le as t f i f t ee n
d a y s prio r not i c e shal l b e g i v e n b y t h e Ci t y Ad m inistrator by posti n g a not i ce t her eo f i n a t least one public
place in each elect io n prec i nc t , and by publishing a notice thereof at l east once in the official newspaper of the
City s t a ting t h e t i me and pla c es of h o lding such election. Failure to give such notice shall not invalidate such
election. (Moved to 4.02)
Section 4.0204. Filing for Office.
Subdivision 1. Pursuant to Minnesota Stat ute 205.13, subd. 1a, as amended, An affidavit of candidacy
for a city office must be filed within the time frame specified and in accordance with the MN Statute 205.13,
as amended, with the exception that the fee portion of the Statute shall be superseded by the following: Any
resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a
filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subdSubd. 4, as amended, to
the City Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance
736, Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June
22, 2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.)
Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person
may file to be a candidate for election to a term that would cause the person to serve more than eight total
years in the office of Mayor or in the office of City Council-memberCouncilmember combined. (11-8-94
Election, Effective 12-8-94, Filed 2-21-95)
* A city charter provision limiting the term of an elected city official is unconstitutional and
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995)
(Resolution 5435, 4-24-2000)
1/22/19 15:32:04 DRAFT Page 2 of 4
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of
service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95)
4.Subdivision (moved to Section 4.08)
Section 4.05 Insuffic i ent number of Candidates . (Was Section 4.05 Subd 6) If there are insufficient
numbers of candidates in a regular municipal general or special election to fill the expiring or vacated
municipalCounclmembers offices of that election, the City Council shallmay fill said offices by appointment
until the next regular available municipal special election. In the case of a tie vote of the Council, the Mayor
shall make said appointment. If the Mayor's position is vacant the Council by resolution shall set a
municipal special election for the next available special election date.
Section 4.056. Vacancy of Munic i pal Elected Office.
Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if:
1) A Council member submits a resignation of office. Such vacancy shall be considered effective on
the date the resignation is delivered to the City Administrator or date specified in the resignation
letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the
vacancy according to Subdivision 2. Or.
2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar
days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the
vacancy and move to fill the vacancy according to Subdivision 2. Or
3) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by
the City Administrator. The Council shall at the next meeting after receiving the certificate affirm
or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall
by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2..
Subdivision 12. When a vacancy in an elected office of the City occurs with 365 426 days or
more remaining in the term of the vacated office, there shall be a special election held within in no more
than 126 days, if such election can be held in November, and no more than ninety-nine days, if such elec-
tion is held in February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy
occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated,.
Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such
special election, except as set forth under Subdivision 5 of this section.
Subdivision 3. The procedure at such election and assumption of duties of elected officers following
such election shall conform as nearly as practicable to that prescribed for other municipal elections under this
Charter.
Subdivision 4 (moved to subdivision 6).
Subdivision 53. When a vacancy in an elected municipal office occurs within 120, under Subdivision
2 above, with less than 182 Days and more than 126 days prior to a regular municipal election date, the spe-
cial election to fill the vacancy shall coincide with the regular municipal election under the following proce-
dures.
A ) If theWhen a vacancy occurs with less than in sixty 126 days prior to the regular municipal elec-
tion date, the notice of such vacancy shall be published as soon as is practicable. If within the 1206 day peri-
od before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either
or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered
1/22/19 15:32:04 DRAFT Page 3 of 4
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other
two Council-members Councilmembers unexpired terms, the seat shall be filled by the candidate for Council-
memberCouncilmember with the third highest vote total, or, in the case of two vacancies, the third and
fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall fill the
vacancy in the office having the longest unexpired term.
B) When a vacancy occurs Ifwithin the 1206 day period before a regular municipal election, the
vacancy occurs in the office of Mayor or in the office of either or both of the Council member whose seats are to
be decided in the election, said vacancy shall be considered not to exist for the purposes of the election.
Subdivision 6. In the case of a vacancy where there remains less than 365426 days in the unexpired
term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the
case of a tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the May-
or's office, then the Acting Mayor shall make said appointment.
Section 4.07. Assumption of duties.
Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the
duties of office to which they were elected on the first Monday of January following such election, per MN
Statute 205.07, as amended.
Subdivision 2. Municipal Special Election
Subdivision 5 Candidates filing filling a vacancy shall take office at or before the next regularly scheduled
Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27,
2004; Filed October 13, 2004).
A)Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor
certification of the election results, unless otherwise stated in the ballot question.
Section 4.08. (was Section 4.02 Subd 4) Severability.
If any part of this section Chapter shall be declared unconstitutional by the court(s) of Minnesota, all
others shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95).
1/22/19 15:32:04 DRAFT Page 4 of 4
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181