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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. Municipal General Elections shall be established by Council resolution to conduct the normal 17
election of 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. For the purpose of filling a Council vacancy, a referendum issue, or advisory issue the 30
Council shall by resolution order a special election and provide all means for holding it per MN Statutes 31
205.10 Subd 3a, 3b, and 5. 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. Special elections procedures shall be consistent with general state election 40
laws, except as otherwise provided by provisions of this Charter allowed by State statue for a Charter City. 41
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Section 4.03. Notice of Election. 43
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Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a 45
publicly accessible location at City Hall, and on the City website. Such notice will state the dates for 46
Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted, 47
per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be published two 48
weeks prior to the first candidate filing date and posted at the filing location at the same time. 49
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Subdivision 2. The City Administrator shall in compliance with MN Statute 205.16, as amended, 51
publish in the City's official newspaper for all City elections. The City Administrator will additionally post 52
in clearly readable font size for two weeks prior to Election Day the election date and polling location(s) in 53
the following minimum places: 54
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The Council designated precinct polling location(s). 56
The City's official web site on the home/front page. 57
On the City Hall electronic message board. 58
On Long Lake Road, Silver Lake Road, County Road I and Mounds View Blvd where City 59
maintained “Welcome to the City of Mounds View” signage is posted. 60
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Additionally, the notice of election date shall be posted at City Hall from sixty days before and 62
through Election Day. This City Hall notice will include how and when voters may vote by Absentee Ballot, 63
per MN Statute 203B.081, as amended from sixty days before and through Election Day. Failure to give this 64
additional notice shall not invalidate such election. 65
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Section 4.04. Filing for Office. 67
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Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame 69
specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee portion 70
of the Statute shall be superseded by the following: Any resident of the City qualified under state law for 71
elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in 72
compliance with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name placed 73
on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; 74
Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 75
2013, Effective May 12, 2013.) 76
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Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 78
may file to be a candidate for election to a term that would cause the person to serve more than eight total 79
years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 Election, Effective 80
12-8-94, Filed 2-21-95) 81
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* A city charter provision limiting the term of an elected city official is unconstitutional and 83
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 84
(Resolution 5435, 4-24-2000) 85
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Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 87
service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 88
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Section 4.05 Insufficient number of Candidates. If there are insufficient numbers of candidates in a 90
municipal general or special election to fill the expiring or vacated municipal offices of that election, the City 91
Council shall fill said offices by appointment until the next available municipal special election. In the case 92
of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's position is vacant the 93
Council by resolution shall set a municipal special election for the next available special election date. 94
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Section 4.06. Vacancy of Elected Office. 96
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Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 98
A) A Council member submits a resignation of office. Such vacancy shall be considered effective on 99
the date the resignation is delivered to the City Administrator or date specified in the resignation 100
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letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill 101
the vacancy according to Subdivision 2. 102
Or. 103
B) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 104
days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 105
vacancy and move to fill the vacancy according to Subdivision 2. 106
Or 107
C) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 108
the City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy 109
and move to fill the vacancy according to Subdivision 2. 110
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Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 112
when filling a vacant council office. 113
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A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 115
elected office occurs with 545 days or more remaining in the term of the vacated office the 116
Council shall pass a resolution to conduct a municipal special election at the next available special 117
election date, following all necessary procedures, to elect a successor to serve the remainder of the 118
term of the vacated office. 119
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A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and More 121
than 126 days before a scheduled Municipal General Election. If a vacancy occurs with 122
more than 545 days remaining in the term but with less than 182 days and more than 126 123
days before a municipal general election in the office of either of the two Council members 124
whose seats are not up for re-election, the seat shall be filled by the candidate for Council 125
member with the third highest vote total, or, in the case of two vacancies, the third and 126
fourth highest vote totals of the scheduled municipal election. Where two unexpired term 127
vacancies exist, the candidate with the third highest total shall fill the vacancy in the office 128
having the longest unexpired term. 129
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A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 131
Municipal General Election. If a vacancy occurs with less than 126 days before the municipal 132
general election date, or if there are insufficient candidates to fill all vacancies, the Council 133
will issues a resolution setting a municipal special election for the next available special 134
election date. 135
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B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 137
less than 545 days remain in the term, with the exception of C) below, the Council shall by a 138
majority vote appoint a qualified voter to serve until the next available municipal election date. In 139
the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, 140
shall appoint a qualified voter to the office before 90 days expire after the office became vacant. 141
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C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 143
vacancy occurs with less than 126 days before a municipal general election to fill the expiring 144
term the vacancy shall be considered not to exist. 145
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Section 4.07. Assumption of duties. 147
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Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 149
duties of office to which they were elected on the first Monday of January following such election, per MN 150
Statute 205.07, as amended. 151
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Subdivision 2. Municipal Special Election 153
A) Candidates filling a vacancy shall take office at or before the next regularly scheduled Council 154
meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 155
2004; Filed October 13, 2004). 156
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B) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 158
certification of the election results, unless otherwise stated in the ballot question. 159
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Section 4.08. Severability. 161
If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others 162
shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 163