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CHAPTER 4 1
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NOMINATION AND ELECTIONS 3
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SECTION: 5
4.01 Municipal General Election 6
4.02 Municipal Special Elections 7
4.03 Notice of Election 8
4.04 Filing for Office 9
4.05 Insufficient Number of Candidates 10
4.06 Vacancy of Elected Office 11
4.07 Assumption of Duties 12
4.08 Severability 13
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Section 4.01. Municipal General Election 15
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Subdivision 1. The Council shall establish by resolution a municipal general election for the purpose 17
of electing Council members and Mayor. 18
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Subdivision 2. A municipal general election shall be held on the first Tuesday after the first-Monday 20
in November of each even numbered year commencing in 1980 in compliance with MN Statute 205.07, as 21
amended, and at such polling location(s) as the City Council shall designate per MN Statutes. 22
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Subdivision 3. Consistent with the provisions of this Charter and applicable state laws, the Council 24
may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this 25
Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. 26
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Section 4.02 Municipal Special Election 28
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Subdivision 1. The Council shall by resolution order a special election for the purpose of filling a 30
Council vacancy, a referendum issue, or advisory election and provide all means for holding it per MN 31
Statutes 205.10 Subd 3a, 3b, and 5. . (See 4.03 Subd 2) 32
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Subdivision 2. A special election shall be held on one of the following: the second Tuesday of 34
February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues 35
205.10 Subd 3a, 3b, 5 as, amended. 36
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Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN 38
Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections 39
and voter petition qualifications. 40
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(see Section 4.01 Subdivision 3) 42
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Section 4.03 Notice of Filing and Election for Municipal and Special Elections. 44
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Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a 46
publicly accessible location at City Hall, and on the City website. Such notice will state the dates for 47
Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted, 48
per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be published two 49
weeks prior to the first candidate filing date and posted at the filing location at the same time. 50
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Subdivision 2. The Election Day Notice shall be posted or published by the City Administrator sixty 52
days prior to Election Day at City Hall, in the City's official newspaper, and all media outlets regularly used 53
by the City. The notice shall include the City elections date, places and times (including times for “early” 54
absentee voting). At least fifteen days prior notice shall be given by the City Administrator by posting a notice 55
thereof in at least one public place in each geographic election precinct where a City maintained “Welcome to 56
the City of Mounds View” signage is posted providing the time and place of holding such election. Failure to 57
give such notice shall not invalidate such election. . 58
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Section 4.04. Filing for Office. 60
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Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame 62
specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee portion 63
of the Statute shall be superseded by the following: Any resident of the City qualified under state law for 64
elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in 65
compliance with MN Statute 205.13, Subd. 4, as amended, to the City Administrator, have their name placed 66
on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; 67
Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 68
2013, Effective May 12, 2013.) 69
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Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 71
may file to be a candidate for election to a term that would cause the person to serve more than eight total 72
years in the office of Mayor or in the office of City Council-member combined. (11-8-94 Election, Effective 73
12-8-94, Filed 2-21-95) 74
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* A city charter provision limiting the term of an elected city official is unconstitutional and 76
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 77
(Resolution 5435, 4-24-2000) 78
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Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 80
service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 81
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Section 4.05 Insufficient number of Candidates. If there are insufficient numbers of candidates in a 83
municipal general or special election to fill the expiring or vacated Council member’s offices of that election, 84
the City Council may fill said offices by appointment until the next available municipal special election. In 85
the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's position is 86
vacant the Council by resolution shall set a municipal special election for the next available special election 87
date. 88
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Section 4.06. Vacancy of Elected Office. 90
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Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 92
1) A Council member submits a resignation of office. Such vacancy shall be considered effective on 93
the date the resignation is delivered to the City Administrator or date specified in the resignation 94
letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 95
vacancy according to Subdivision 2. Or. 96
2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 97
days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 98
vacancy and move to fill the vacancy according to Subdivision 2. Or 99
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3) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 100
the City Administrator. The Council shall at the next meeting after receiving the certificate affirm 101
or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall 102
by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2. 103
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Subdivision 2. When a vacancy in an elected office of the City occurs with 426 days or more 105
remaining in the term of the vacated office, there shall be a special election held in no more than 126 days, 106
if such election can be held in November, and no more than ninety-nine days, if such election is held in 107
February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy occurs to elect 108
a successor to serve for the remainder of the unexpired term of the office vacated,. 109
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Subdivision 3. When a vacancy in an elected municipal office occurs, under Subdivision 2 above, 111
with less than 182 Days and more than 126 days prior to a regular municipal election date, the special election 112
to fill the vacancy shall coincide with the regular municipal election under the following procedures. 113
A ) When a vacancy occurs with less than 126 days prior to the regular municipal election date, the 114
notice of such vacancy shall be published as soon as is practicable. If within the 126 day period before a 115
regular municipal election, such vacancy occurs in the office of either of the two Council-members unexpired 116
terms, the seat shall be filled by the candidate for Council-member with the third highest vote total, or, in the 117
case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with 118
the third highest total shall fill the vacancy in the office having the longest unexpired term. 119
B) When a vacancy occurs within the 126 day period before a regular municipal election, in the office 120
of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, 121
said vacancy shall be considered not to exist for the purposes of the election. 122
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Subdivision 6. In the case of a vacancy where there remains less than 426 days in the unexpired term, 124
the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a 125
tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the Mayor's office, then 126
the Acting Mayor shall make said appointment. 127
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Section 4.07. Assumption of duties. 129
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Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 131
duties of office to which they were elected on the first Monday of January following such election, per MN 132
Statute 205.07, as amended. 133
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Subdivision 2. Municipal Special Election Candidates filling a vacancy shall take office at or before 135
the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; 136
Adopted September 27, 2004; Filed October 13, 2004). 137
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A) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 139
certification of the election results, unless otherwise stated in the ballot question. 140
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Section 4.08. Severability. 142
If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others 143
shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 144
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