HomeMy WebLinkAboutChapter 4 Brian Amundson Draft DRAFT
10/10/18 10:10:10 PM DRAFT Page 1 of 4
CHAPTER 4 1
2
NOMINATION AND ELECTIONS 3
4
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 Vacancy of Elected Office 10
4.06 Assumption of Duties 11
4.07 Severability 12
13
14
Section 4.01. Municipal General Election 15
16
Subdivision 1. Municipal General Elections shall be established by Council resolution to conduct 17
the normal election of Council members and Mayor. 18
19
Subdivision 2. A 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 polling location as the City Council shall designate per MN Statutes. 22
23
Subdivision 3. Consistent with the provisions of this Charter and applicable state laws, the 24
Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise 25
provided by this Charter and supplementary ordinances, general state laws on elections shall apply to 26
municipal elections. 27
28
29
Section 4.02. Municipal Special Election 30
31
Subdivision 1. For the purpose of filling a Council vacancy, a referendum issue, or advisory issue 32
the Council shall by resolution order a special election and provide all means for holding it per MN 33
Statutes 205.10 Subd 3a, 3b, and 5. 34
35
Subdivision 2. A special election shall be held on one of the following: the second Tuesday of 36
February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues 37
205.10 Subd 3a, 3b, 5, as amended. 38
39
Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN 40
Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special 41
elections and voter petition qualifications. Special elections procedures shall be consistent with general 42
state election laws, except as otherwise provided by provisions of this Charter allowed by State statue 43
for a Charter City. 44
45
46
47
DRAFT
10/10/18 10:10:10 PM DRAFT Page 2 of 4
Section 4.03. Notice of Election. 48
49
Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, 50
at a publicly accessible location at City Hall, and on the City website. Such notice will state the dates for 51
Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be 52
balloted, per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be 53
published two weeks prior to the first candidate filing date and posted at the filing location at the same 54
time. 55
56
Subdivision 2. The City Administrator shall in compliance with MN Statute 205.16, as amended, 57
publish in the City's official newspaper for all City elections. The City Administrator will additionally 58
post in clearly readable font size for two weeks prior to Election Day the election date and polling 59
location(s) in the following places: 60
61
The Council designated precinct polling location(s). 62
The City's official web site on the home/front page. 63
On the City Hall electronic message board. 64
On Long Lake Road, Silver Lake Road, County Road I and Mounds View Blvd where City 65
maintained “Welcome to the City of Mounds View” signage is posted. 66
67
Additionally, the notice of election date shall be posted at City Hall from sixty days before 68
and through Election Day. This City Hall notice will include how and when voters may vote by 69
Absentee Ballot, per MN Statute 203B.081, as amended from sixty days before and through Election 70
Day. Failure to give this additional notice shall not invalidate such election. 71
72
73
Section 4.04. Filing for Office 74
75
Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame 76
specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee 77
portion of the Statute shall be superseded by the following: Any resident of the City qualified under state 78
law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition 79
in compliance with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name 80
placed on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed 81
May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 82
878, Adopted Feb 11, 2013, Effective May 12, 2013.) 83
84
Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no 85
person may file to be a candidate for election to a term that would cause the person to serve more than 86
eight total years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 87
Election, Effective 12-8-94, Filed 2-21-95) 88
89
* A city charter provision limiting the term of an elected city official is unconstitutional and 90
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 91
(Resolution 5435, 4-24-2000) 92
93
DRAFT
10/10/18 10:10:10 PM DRAFT Page 3 of 4
Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 94
service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 95
96
Subdivision 4. If there are insufficient numbers of candidates in a municipal general or special 97
election to fill the expiring or vacated municipal offices of that election, the City Council shall fill said 98
offices by appointment until the next available municipal special election. In the case of a tie vote of the 99
Council, the Mayor shall make said appointment. If the Mayor's position is vacant the Council by 100
resolution shall set a municipal special election for the next available special election date. 101
102
103
Section 4.05. Vacancy of Elected Office 104
105
Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 106
A) A Council member submits a resignation of office. Such vacancy shall be considered 107
effective on the date the resignation is delivered to the City Administrator or date specified in 108
the resignation letter. The Council shall by resolution, at its next meeting declare the vacancy 109
and move to fill the vacancy according to Subdivision 2. Or 110
B) Council member is absent from Council Meetings for any reason for 90 continuous calendar 111
days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare 112
the vacancy and move to fill the vacancy according to Subdivision 2. Or 113
C) Council member for any reason no longer qualifies as a voter in Mounds View, as certified by 114
the City Administrator. The Council shall by resolution, at its next meeting, declare the 115
vacancy and move to fill the vacancy according to Subdivision 2. 116
117
Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these 118
procedures when filling a vacant council office. 119
120
A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in 121
an elected office occurs with 545 days or more remaining in the term of the vacated office the Council 122
shall pass a resolution to conduct a municipal special election at the next available special election date, 123
following all necessary procedures, to elect a successor to serve the remainder of the term of the vacated 124
office. 125
126
A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days 127
and More than 126 days before a scheduled Municipal General Election. If a vacancy occurs with more 128
than 545 days remaining in the term but with less than 182 days and more than 126 days before a 129
municipal general election in the office of either of the two Council members whose seats are not up for 130
re-election, the seat shall be filled by the candidate for Council member with the third highest vote total, 131
or, in the case of two vacancies, the third and fourth highest vote totals of the scheduled municipal 132
election. Where two unexpired term vacancies exist, the candidate with the third highest total shall fill 133
the vacancy in the office having the longest unexpired term. 134
135
A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days 136
before a Municipal General Election. If a vacancy occurs with less than 126 days before the municipal 137
general election date, or if there are insufficient candidates to fill all vacancies, the Council will issues a 138
resolution setting a municipal special election for the next available special election date. 139
140
DRAFT
10/10/18 10:10:10 PM DRAFT Page 4 of 4
B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs 141
when less than 545 days remain in the term, with the exception of C) below, the Council shall by a 142
majority vote appoint a qualified voter to serve until the next available municipal election date. In the 143
case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, shall 144
appoint a qualified voter to the office before 90 days expire after the office became vacant. 145
146
C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If 147
a vacancy occurs with less than 126 days before a municipal general election to fill the expiring term the 148
vacancy shall be considered not to exist. 149
150
151
Section 4.06. Assumption of duties. 152
153
Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume 154
the duties of office to which they were elected on the first Monday of January following such election, 155
per MN Statute 205.07, as amended. 156
Subdivision 2. Municipal Special Election 157
A) Candidates filling a vacancy shall take office at or before the next regularly scheduled 158
Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 159
2004; Filed October 13, 2004). 160
B) Special Advisory or Referendum Elections shall take effect immediately upon the 161
County Auditor certification of the election results, unless otherwise stated in the ballot question. 162
163
Section 4.07. Severability. 164
If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all 165
others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 22195) 166