HomeMy WebLinkAboutChapter 4 Strike Thru and Underline11/5/18 12:50:43 DRAFT Page 1 of 4
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
4.056 Vacancy of Elected Office 11
4.067 Assumption of Duties 12
4.078 Severability 13
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Section 4.01. The Regular 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 regular municipal general election shall be held on the first Tuesday after the first-20
Monday in November of each even numbered year commencing in 1980 in compliance with MN Statute 21
205.07, as amended, and at such places polling location(s) as the City Council shall designate per MN 22
Statutes. 23
At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof 24
in at least one public place in each election precinct, and by publishing a notice thereof at least once in the 25
official newspaper of the City stating the time and the places of holding such election and of the officers 26
to be elected. Failure to give such notice shall not invalidate such election. (See 4.03) Elected and qualified 27
officers provided for by this Charter shall assume the duties of office to which they were elected on the first 28
business day in January following such election. (See 4.06) 29
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Section 4.03.Subdivision 3. Consistent with the provisions of this Charter and applicable state laws, 31
the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise 32
provided by this Charter and supplementary ordinances, general state laws on elections shall apply to 33
municipal elections. 34
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Section 4.02. (Was Section 4.04) Municipal Special Election 36
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Subdivision 1. For the purpose of filling a Council vacancy, a referendum issue, or advisory issue the 38
Council shall by resolution order a special election and provide all means for holding it per MN Statutes 39
205.10 Subd 3a, 3b, and 5. 40
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Subdivision 2. A special election shall be held on one of the following: the second Tuesday of 42
February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues 43
205.10 Subd 3a, 3b, 5 as, amended. 44
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Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN 46
Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections 47
and voter petition qualifications. Special elections procedures shall be consistent with general state election 48
laws, except as otherwise provided by provisions of this Charter allowed by State statue for a Charter City.49
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Section 4.03. Procedure at Elections. Notice of Election. 50
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Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a 52
publicly accessible location at City Hall, and on the City website. Such notice will state the dates for 53
Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted, 54
per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be published two 55
weeks prior to the first candidate filing date and posted at the filing location at the same time. 56
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Subdivision 2. The City Administrator shall in compliance with MN Statute 205.16, as amended, 58
publish in the City's official newspaper for all City elections. The City Administrator will additionally post 59
in clearly readable font size for two weeks prior to Election Day the election date and polling location(s) in 60
the following minimum places: 61
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The Council designated precinct polling location(s). 63
The City's official web site on the home/front page. 64
On the City Hall electronic message board. 65
On Long Lake Road, Silver Lake Road, County Road I and Mounds View Blvd where City 66
maintained “Welcome to the City of Mounds View” signage is posted. 67
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Additionally, the notice of election date shall be posted at City Hall from sixty days before and 69
through Election Day. This City Hall notice will include how and when voters may vote by Absentee Ballot, 70
per MN Statute 203B.081, as amended from sixty days before and through Election Day. Failure to give this 71
additional notice shall not invalidate such election. 72
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Section 4.04 Special and Advisory Elections except for Elected Office. The Council shall by resolution 74
order a special or advisory election and provide all means for holding it. At least fifteen days prior notice 75
shall be given by the City Administrator by posting a notice thereof in at least one public place in each election 76
precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time 77
and places of holding such election. Failure to give such notice shall not invalidate such election. (See 4.02) 78
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Section 4.04. Filing for Office. 80
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Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, An affidavit of candidacy 82
for a city office must be filed within the time frame specified and in accordance with the MN Statute 205.13, 83
as amended, with the exception that the fee portion of the Statute shall be superseded by the following: Any 84
resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a 85
filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the 86
City Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, 87
Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 88
2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) 89
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Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 91
may file to be a candidate for election to a term that would cause the person to serve more than eight total 92
years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 Election, Effective 93
12-8-94, Filed 2-21-95) 94
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* A city charter provision limiting the term of an elected city official is unconstitutional and 96
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 97
(Resolution 5435, 4-24-2000) 98
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Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 100
service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 101
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Subdivision 4.Section 4.05 Insufficient number of Candidates. (Was Section 4.05 Subd 6) If there are 103
insufficient numbers of candidates in a regular municipal general or special election to fill the expiring or 104
vacated municipal offices of that election, the City Council shall fill said offices by appointment until the 105
next regular available municipal special election. In the case of a tie vote of the Council, the Mayor shall 106
make said appointment. If the Mayor's position is vacant the Council by resolution shall set a municipal 107
special election for the next available special election date. 108
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Section 4.056. Vacancy of Municipal Elected Office. 110
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Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 112
A) A Council member submits a resignation of office. Such vacancy shall be considered effective on 113
the date the resignation is delivered to the City Administrator or date specified in the resignation 114
letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill 115
the vacancy according to Subdivision 2. Or. 116
B) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 117
days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 118
vacancy and move to fill the vacancy according to Subdivision 2. Or 119
C) A Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 120
the City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy 121
and move to fill the vacancy according to Subdivision 2. 122
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Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 124
when filling a vacant council office. 125
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Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more 127
remaining in the term of the vacated office, there shall be a special election held within ninety days after the 128
vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 129
Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such 130
special election, except as set forth under Subdivision 5 of this section. 131
Subdivision 3. The procedure at such election and assumption of duties of elected officers following 132
such election shall conform as nearly as practicable to that prescribed for other municipal elections under this 133
Charter. 134
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A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 136
elected office occurs with 545 days or more remaining in the term of the vacated office the 137
Council shall pass a resolution to conduct a municipal special election at the next available special 138
election date, following all necessary procedures, to elect a successor to serve the remainder of the 139
term of the vacated office. 140
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A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and More 142
than 126 days before a scheduled Municipal General Election. If a vacancy occurs with 143
more than 545 days remaining in the term but with less than 182 days and more than 126 144
days before a municipal general election in the office of either of the two Council members 145
whose seats are not up for re-election, the seat shall be filled by the candidate for Council 146
member with the third highest vote total, or, in the case of two vacancies, the third and 147
fourth highest vote totals of the scheduled municipal election. Where two unexpired term 148
vacancies exist, the candidate with the third highest total shall fill the vacancy in the office 149
having the longest unexpired term. 150
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A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 152
Municipal General Election. If a vacancy occurs with less than 126 days before the municipal 153
general election date, or if there are insufficient candidates to fill all vacancies, the Council 154
will issues a resolution setting a municipal special election for the next available special 155
election date. 156
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Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired term, the 158
Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie 159
vote of the Council, the Mayor shall make said appointment. 160
Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular 161
municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the 162
vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be 163
published as soon as is practicable. If within the 120 day period before a regular municipal election, the 164
vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats 165
are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. 166
However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be 167
filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, 168
the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total 169
shall fill the vacancy in the office having the longest unexpired term. 170
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B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 172
less than 545 days remain in the term, with the exception of C) below, the Council shall by a 173
majority vote appoint a qualified voter to serve until the next available municipal election date. In 174
the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, 175
shall appoint a qualified voter to the office before 90 days expire after the office became vacant. 176
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C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 178
vacancy occurs with less than 126 days before a municipal general election to fill the expiring 179
term the vacancy shall be considered not to exist. 180
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Section 4.07. Assumption of duties. 182
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Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 184
duties of office to which they were elected on the first Monday of January following such election, per MN 185
Statute 205.07, as amended. 186
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Subdivision 2. Municipal Special Election 188
A) Candidates filing filling a vacancy shall take office at or before the next regularly scheduled 189
Council meeting following election certification. (Amended by Ordinance 748; Adopted 190
September 27, 2004; Filed October 13, 2004). 191
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B) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 193
certification of the election results, unless otherwise stated in the ballot question. 194
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Section 4.08. (was Section 4.02 Subd 4) Severability. 196
If any part of this section Chapter shall be declared unconstitutional by the court(s) of Minnesota, all 197
others shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 198
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