HomeMy WebLinkAboutChapter 4 Brian Amundson 07-09-2018CHAPTER 4 1
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NOMINATION AND ELECTIONS 3
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SECTION: 5
4.01 The Regular Municipal Election 6
4.02 Filing for Office 7
4.03 Procedure at Elections 8
4.04 Special and Advisory Elections Except for Elected Office 9
4.05 Vacancy of Municipal Elected Office 10
4.06 Insufficient Number of Candidates 11
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Section 4.01. Municipal Election 13
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Subdivision 1. Definitions. 15
Municipal General Election: A municipal general election shall be held on the first 16
Tuesday after the first-Monday in November of each even numbered year commencing in 1980 17
at such places as the City Council shall designate. 18
Municipal Special Election: For the purpose of filling a Council vacancy or to address a 19
referendum issue a municipal special election shall be held on the second Tuesday of February, 20
April, May or August, or the first Tuesday after the first Monday in November per MN Statues 21
205.10 Municipal Special Elections Subd 3a, 3b, 5, 6, as amended. MN Statue 205.10 22
Subdivision 1 applies only in the manner that this Charter specifies, per MN Statute 205.02 23
Subd2, as such provisions specified are not in conflict with this Charter for Council authority to 24
call for special elections and voter petition qualifications. 25
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Subdivision 2. Notice of Election. The City Administrator shall post a notice in at least 27
one public place in each election precinct, and by publishing a notice at least once in the official 28
newspaper of the City stating the time and the places of holding such election and of the officers 29
or issue to be elected, per MN Statute 205.13 Candidates, Filing, as amended . Failure to give 30
such notice shall not invalidate such election. The City Administrator shall post the election date 31
and place on the City Hall electronic board, and on Long Lake Road, Silver Lake Road, County 32
“I” and County “10” where “Welcome to the City of Mounds View” are posted, for both 33
municipal general and special election dates for the City. 34
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Subdivision 3: Assumption of Duties. Elected and qualified officers provided for by this 36
Charter shall assume the duties of office to which they were elected on the first Monday of 37
January following such election, per MN Statute 205.07 City General Election, as amended. 38
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Section 4.02. Filing for Office 40
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Subdivision 1. Procedure. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, 42
an affidavit of candidacy for a city office must be filed within the time frame specified and in 43
accordance with the Statute with the exception that the fee portion of the Statute shall be 44
superseded by the following: Any resident of the City qualified under state law for elective office 45
may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in compliance 46
with MN Statute 205.13, subd. 4, as amended, to the City Administrator, have their name placed 47
on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed 48
May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by 49
Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) 50
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Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary, 52
no person may file to be a candidate for election to a term that would cause the person to serve 53
more than eight total years in the office of Mayor or in the office of City Councilmember 54
combined. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 55
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A city charter provision limiting the term of an elected city official is unconstitutional 57
and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 58
(Minn.1995) (Resolution 5435, 4-24-2000) 59
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Subdivision 3. Length of Service. Service before January 1, 1995 shall not count toward 61
determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 62
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Subdivision 4. Severability. If any part of this section shall be declared unconstitutional 64
by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, 65
Filed 2-21-95) 66
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Section 4.03. Procedure at Elections 68
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Consistent with the provisions of this Charter and applicable state laws, the Council may 70
by ordinance further regulate the conduct of municipal elections. Except as otherwise provided 71
by this Charter and supplementary ordinances, general state laws on elections shall apply to 72
municipal elections. 73
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Section 4.04. Special and Advisory Elections except for Elected Office. 75
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The Council shall by resolution order a special or advisory election and provide all means 77
for holding it per MN Statutes 205.10 Municipal Special Elections Subd 3a, 3b, 5 and 6. 78
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Section 4.05. Vacancy of Municipal Elected Office 80
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Subdivision 1. Definitions 82
Vacancy – A vacancy in Elected Office occurs if either 83
a. A Council member submits a resignation of office. Such vacancy shall be 84
considered effective on the date the resignation is delivered to the City Administrator or date 85
specified in the resignation letter. Or. 86
b. A Council member is absent from Council Meetings for any reason for 90 87
continuous calendar days. The Council shall by resolution, at the next meeting, after the 90 day 88
absence, declare the vacancy and move to hold a municipal special election to fill the vacancy at 89
the next available election date. 90
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Subdivision 2 Vacancy with 425 days or more remaining in the term 92
When a vacancy in an elected office of the City occurs with 425 days or more remaining in the 93
term of the vacated office, there shall be a municipal special election held after the vacancy 94
occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 95
The Council shall by resolution declare the municipal special election for the next available date 96
of the second Tuesday in February, March, April, May, August, or the first Tuesday after the 97
first Monday of November, per the uniform election date as set by MN Statute 205.10, as 98
amended, and wherein all requirements of MN Statute 205.13, as amended, can be fulfilled. If a 99
vacancy is declared by resolution within 126 days before a municipal general election date (as 100
defined in section 4.01), see subdivision 3. 101
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a) Special Election Notice 103
The City Administrator shall give notice of such municipal special election per MN 104
Statute 205.13, as amended, except as set forth under Subdivision 3(c) of this section. 105
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b) Special Election Procedure 107
The procedure at such election and assumption of duties of elected officers following 108
such election shall conform as nearly as practicable to those prescribed for other 109
municipal elections under this Charter. 110
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Subdivision 2. Vacancy with Less Than 425 Days Remaining in Term 112
In the case of a vacancy where there remains less than 425 days in the unexpired term, with the 113
exception of subdivision 3, the Council shall by a majority vote appoint a successor to serve for 114
the remainder of said term. In the case of a tie vote of the Council, the Mayor, or Acting Mayor 115
if the Mayor position is vacant, shall make said appointment. 116
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Subdivision 3. Vacancy within 182 Days Before a Municipal General Election Date 118
When a vacancy in an elected municipal office occurs within 182 days before a municipal 119
general election date, the special election to fill the vacancy shall coincide with the municipal 120
general election. 121
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a) Vacancy of an Expiring Term: If within the 182 day period before a municipal 123
general election, the vacancy occurs in the office of the Mayor or in the office of 124
either or both of the Council members whose seats are to be decided in the election, 125
said vacancy shall be considered not to exist for purposes of the election. 126
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b) Vacancy of an Unexpired Term: If a vacancy occurs within 182 days before a 128
municipal general election in the office of either of the two Council members whose 129
seats are not up for re-election, the seat shall be filled by the candidate for Council 130
member with the third highest vote total, or, in the case of two vacancies, the third 131
and fourth highest vote totals. 132
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Where two unexpired term vacancies exist, the candidate with the third highest total 134
shall fill the vacancy in the office having the longest unexpired term. 135
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c) Special Election for Vacancy within 100 days before a municipal general election 137
If the vacancy occurs within 100 days before the municipal general election date, the 138
Council, by resolution , will set a municipal special election for the next uniform 139
election date on the second Tuesday of February, April, May, or August, per MN 140
Statute 205.10, as amended, and cause notice of such vacancy be published, per MN 141
Statute 205.13, 142
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Subdivision 4: Assumption of duties 144
Candidates filling a vacancy shall take office at or before the next regularly scheduled Council 145
meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 146
2004; Filed October 13, 2004). 147
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Section 4.06. Insufficient numbers of candidates 149
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If there are insufficient numbers of candidates in a municipal general or special election 151
to fill the expiring or vacated municipal offices of that election, the City Council shall fill said 152
offices by appointment until the next municipal general election. In the case of a tie vote of the 153
Council, the Mayor shall make said appointment. If the Mayor's position is vacant the Council 154
by resolution shall set a municipal special election at the next available special election of the 155
second Tuesday of February, April, May, August, or the first Tuesday following the first 156
Monday of November per MN Statute 205.10 and following all required time leads of MN 157
Statute 205.13, as amended. 158