Loading...
HomeMy WebLinkAboutChapter 4 Markup 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 Section 4.01. The Regular Municipal General Election 14 15 Subdivision 1. Municipal General Elections shall be established by Council resolution to conduct the normal election 16 of Council members and Mayor. 17 18 Subdivision 2. A regular municipal general election shall be held on the first Tuesday after the first-19 Monday in November of each even numbered year commencing in 1980 in compliance with MN Statute 20 205.07, as amended, and at such placespolling location as the City Council shall designate per MN Statutes. 21 At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof 22 in at least one public place in each election precinct, and by publishing a notice thereof at least once in the 23 official newspaper of the City stating the time and the places of holding such election and of the officers 24 to be elected. Failure to give such notice shall not invalidate such election. (See 4.03) Elected and qualified 25 officers provided for by this Charter shall assume the duties of office to which they were elected on the first 26 business day in January following such election. (See 4.06) 27 28 Section 4.03.Subdivision 3. Consistent with the provisions of this Charter and applicable state laws, 29 the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise 30 provided by this Charter and supplementary ordinances, general state laws on elections shall apply to 31 municipal elections. 32 33 Section 4.02. (Was Section 4.04) Municipal Special Election 34 35 Subdivision 1. For the purpose of filling a Council vacancy, a referendum issue, or advisory issue the 36 Council shall by resolution order a special election and provide all means for holding it per MN Statutes 37 205.10 Subd 3a, 3b, and 5. 38 39 Subdivision 2. A special election shall be held on one of the following: the second Tuesday of 40 February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues 41 205.10 Subd 3a, 3b, 5 as,amended. 42 43 Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN 44 Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections 45 and voter petition qualifications. Special elections procedures shall be consistent with general state election 46 laws, except as otherwise provided by provisions of this Charter allowed by State statue for a Charter City. 47 48 Section 4.03. Procedure at Elections.Notice of Election. 49  DRAFT  10/10/18 10:10:10 PM DRAFT Page 2 of 4  50 Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a 51 publicly accessible location at City Hall, and on the City website. Such notice will state the dates for 52 Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted, 53 per MN Statute 205.13 and 205.16, both as amended, which generally state the notice shall be published two 54 weeks prior to the first candidate filing date and posted at the filing location at the same 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 post 58 in clearly readable font size for two weeks prior to Election Day the election date and polling location(s) in 59 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 and 68 through Election Day. This City Hall notice will include how and when voters may vote by Absentee Ballot, 69 per MN Statute 203B.081, as amended from sixty days before and through Election Day. Failure to give this 70 additional notice shall not invalidate such election. 71 72 Section 4.04 Special and Advisory Elections except for Elected Office. The Council shall by resolution 73 order a special or advisory election and provide all means for holding it. At least fifteen days prior notice 74 shall be given by the City Administrator by posting a notice thereof in at least one public place in each election 75 precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time 76 and places of holding such election. Failure to give such notice shall not invalidate such election. (See 4.02) 77 78 Section 4.04. Filing for Office. 79 80 Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, An affidavit of candidacy 81 for a city office must be filed within the time frame specified and in accordance with the MN Statute 205.13, 82 as amended, with the exception that the fee portion of the Statute shall be superseded by the following: Any 83 resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a 84 filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the 85 City Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, 86 Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 87 2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) 88 89 Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 90 may file to be a candidate for election to a term that would cause the person to serve more than eight total 91 years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 Election, Effective 92 12-8-94, Filed 2-21-95) 93  94 * A city charter provision limiting the term of an elected city official is unconstitutional and 95 unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) 96 (Resolution 5435, 4-24-2000) 97  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 98 service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 99 100 Subdivision 4. (Was Section 4.05 Subd 6) If there are insufficient numbers of candidates in a 101 regularmunicipal general or special election to fill the expiring or vacated municipal offices of that election, 102 the City Council shall fill said offices by appointment until the next regularavailable municipal special 103 election. In the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's 104 position is vacant the Council by resolution shall set a municipal special election for the next available 105 special election date. 106 107 Section 4.05. Vacancy of Municipal Elected Office. 108 Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more re-109 maining in the term of the vacated office, there shall be a special election held within ninety days after the va-110 cancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 111  112 Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such 113 special election, except as set forth under Subdivision 5 of this section. 114  115 Subdivision 3. The procedure at such election and assumption of duties of elected officers following 116 such election shall conform as nearly as practicable to that prescribed for other municipal elections under this 117 Charter. 118  119 Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired 120 term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the 121 case of a tie vote of the Council, the Mayor shall make said appointment. 122  123 Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular 124 municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the 125 vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be 126 published as soon as is practicable. If within the 120 day period before a regular municipal election, the 127 vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats 128 are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. 129 However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be 130 filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, 131 the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total 132 shall fill the vacancy in the office having the longest unexpired term. 133 134 Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: 135 A) A Council member submits a resignation of office. Such vacancy shall be considered effective on 136 the date the resignation is delivered to the City Administrator or date specified in the resignation 137 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 138 vacancy according to Subdivision 2. Or 139 B) Council member is absent from Council Meetings for any reason for 90 continuous calendar days. 140 The Council shall by resolution, at its next meeting, after the 90 day absence, declare the vacancy 141 and move to fill the vacancy according to Subdivision 2. Or 142 C) Council member for any reason no longer qualifies as a voter in Mounds View, as certified by the 143 City Administrator. The Council shall by resolution, at its next meeting, declare the vacancy and 144 move to fill the vacancy according to Subdivision 2. 145 146  DRAFT  10/10/18 10:10:10 PM DRAFT Page 4 of 4  Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow these procedures 147 when filling a vacant council office. 148 149 A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an 150 elected office occurs with 545 days or more remaining in the term of the vacated office the Council shall 151 pass a resolution to conduct a municipal special election at the next available special election date, following 152 all necessary procedures, to elect a successor to serve the remainder of the term of the vacated office. 153 154 A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and 155 More than 126 days before a scheduled Municipal General Election. If a vacancy occurs with more than 545 156 days remaining in the term but with less than 182 days and more than 126 days before a municipal general 157 election in the office of either of the two Council members whose seats are not up for re-election, the seat 158 shall be filled by the candidate for Council member with the third highest vote total, or, in the case of two 159 vacancies, the third and fourth highest vote totals of the scheduled municipal election. Where two unexpired 160 term vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the 161 longest unexpired term. 162 163 A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a 164 Municipal General Election. If a vacancy occurs with less than 126 days before the municipal general 165 election date, or if there are insufficient candidates to fill all vacancies, the Council will issues a resolution 166 setting a municipal special election for the next available special election date. 167 168 B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when 169 less than 545 days remain in the term, with the exception of C) below, the Council shall by a majority vote 170 appoint a qualified voter to serve until the next available municipal election date. In the case of a tie vote of 171 the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, shall appoint a qualified voter to 172 the office before 90 days expire after the office became vacant. 173 174 C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a 175 vacancy occurs with less than 126 days before a municipal general election to fill the expiring term the 176 vacancy shall be considered not to exist. 177 178 Section 4.06. Assumption of duties. 179 180 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 181 duties of office to which they were elected on the first Monday of January following such election, per MN 182 Statute 205.07, as amended. 183 Subdivision 2. Municipal Special Election 184 A) Candidates filingfilling a vacancy shall take office at or before the next regularly scheduled 185 Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 186 2004; Filed October 13, 2004). 187 188 B) Special Advisory or Referendum Elections shall take effect immediately upon the County 189 Auditor certification of the election results, unless otherwise stated in the ballot question. 190 191 Section 4.07. (was Section 4.02 Subd 4) Severability. 192 If any part of this sectionChapter shall be declared unconstitutional by the court(s) of Minnesota, all 193 others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 194