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HomeMy WebLinkAboutChapter 4 Draft Brian Amundsen 09-15-2018CHAPTER 4 NOMINATION AND ELECTIONS SECTION: 4.01 Municipal General Election 4.02 Municipal Special Elections 4.03 Notice of Election 4.04 Filing for Office 4.05 Vacancy of Elected Office 4.06 Assumption of Duties 4.07 Severability Section 4.01. Municipal General Election Subdivision 1. Municipal General Elections shall be established by Council resolution to conduct the normal election of Council members and Mayor. Subdivision 2. A municipal general election shall be held on the first Tuesday after the first-Monday in November of each even numbered year commencing in 1980 in compliance with MN Statute 205.07, as amended, and at such polling location as the City Council shall designate per MN Statutes. Subdivision 3. Consistent with the provisions of this Charter and applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. Section 4.02. Municipal Special Election Subdivision 1. For the purpose of filling a Council vacancy, a referendum issue, or advisory issue the Council shall by resolution order a special election and provide all means for holding it per MN Statutes 205.10 Subd 3a, 3b, and 5. Subdivision 2. A special election shall be held on one of the following: the second Tuesday of February, April, May or August, or the first Tuesday after the first Monday in November per MN Statues 205.10 Subd 3a, 3b, 5, as amended. Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections and voter petition qualifications. Special elections procedures shall be consistent with general state election laws , except as otherwise provided by provisions of this Charter allowed by State statue for a Charter City. Section 4.03. Notice of Election. Subdivision 1. The City Administrator shall in compliance with MN Statute 205.16, as amended, publish and post notice for all City elections. The City Administrator will additionally post or publish in the following places and manner: a.The Council designated precinct polling location(s). b.At least once in the official newspaper of the City. c.On the City Hall electronic message board. d.On Long Lake Road, Silver Lake Road, County Road I and Mounds View Blvd where City maintained “Welcome to the City of Mounds View” signage is posted. Subdivision 2. The notice shall clearly display the dates for Candidate filing, and the date, time and the place(s) of the election and of the officers or issue to be balloted, per MN Statute 205.13, as amended. Subdivision 3. The notice for candidate filing dates will comply with MN Statutes 205.13 and 205.16, both as amended, which generally state the notice shall be published two weeks prior to the first candidate filing date and posted at the filing location at the same time. Additionally, the notice of election date shall be posted from sixty days before and through election day. Failure to give such notice shall not invalidate such election. Section 4.04. Filing for Office Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee portion of the Statute shall be superseded by the following: Any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) (Resolution 5435, 4-24-2000) Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) Subdivision 4. If there are insufficient numbers of candidates in a municipal general or special election to fill the expiring or vacated municipal offices of that election, the City Council shall fill said offices by appointment until the next available municipal special election. In the case of a tie vote of the Council, the Mayor shall make said appointment. If the Mayor's position is vacant the Council by resolution shall set a municipal special election for the next available special election date. Section 4.05. Vacancy of Elected Office Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if: A)A Council member submits a resignation of office. Such vacancy shall be considered effective on the date the resignation is delivered to the City Administrator or date specified in the resignation letter. Or B)A Council member is absent from Council Meetings for any reason for 90 continuous calendar days. The Council shall by resolution, at the next meeting, after the 90 day absence, declare the vacancy and move to hold a municipal special election to fill the vacancy at the next available election date. Or C) A Council member for any reason longer qualifies as a voter in Mounds View, as certified by the City Administrator. The Council shall by resolution, at the next meeting, declare the vacancy and move to hold a municipal special election to fill the vacancy at the next available election date. Subdivision 2. Procedure for filling Vacancy in Council. The Council shall follow theses procedures when filling a vacant council office. A) Vacancy with 545 days or more remaining in the term of vacated office. When a vacancy in an elected office occurs with 545 days or more remaining in the term of the vacated office the Council shall pass a resolution to conduct a municipal special election at the next available special election date, following all necessary procedures, to elect a successor to serve the remainder of the term of the vacated office. A.1) Vacancy for a Term with more than 545 days occurring with Less Than 182 Days and More than 126 days before a scheduled Municipal General Election. If a vacancy occurs with more than 545 days remaining in the term but with less than 182 days and more than 126 days before a municipal general election in the office of either of the two Council members whose seats are not up for re-election, the seat shall be filled by the candidate for Council member with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals of the scheduled municipal election. Where two unexpired term vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. A.2) Vacancy of a Term with more than 545 days occurring with Less Than 126 days before a Municipal General Election. If a vacancy occurs with less than 126 days before the municipal general election date, or if there are insufficient candidates to fill all vacancies, the Council will issues a resolution setting a municipal special election for the next available special election date. B) Vacancy with Less Than 545 Days remaining in term of vacated office. If a vacancy occurs when less than 545 days remain in the term, with the exception of C) below, the Council shall by a majority vote appoint a qualified voter to serve until the next available municipal election date. In the case of a tie vote of the Council, the Mayor, or Acting Mayor if the Mayor position is vacant, shall appoint a qualified voter to the office before 90 days expire after the office became vacant. C) Vacancy in Expiring Term with Less Than 126 Days before a Municipal General Election. If a vacancy occurs with less than 126 days before a municipal general election to fill the expiring term the vacancy shall be considered not to exist. Section 4.06. Assumption of duties. Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the duties of office to which they were elected on the first Monday of January following such election, per MN Statute 205.07, as amended. Subdivision 2. Municipal Special Election A) Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 2004). B) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor certification of the election results, unless otherwise stated in the ballot question. Section 4.07. Severability. If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95)