HomeMy WebLinkAboutChapter 4 Mark UpSection 4.05. Vacancy of Municipal Elected Office. 1
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Subdivision 1. Vacancy with 365 days or more remaining in the term 3
When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the 4
vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a 5
successor to serve for the remainder of the unexpired term of the office vacated. If this vacancy is within 120 6
days before a regular municipal election date, see subdivision 3. 7
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a) Subdivision 2. Special Election Notice 9
The City Administrator shall give at least sixty days published prior notice of such special election, 10
except as set forth under Subdivision 53 of this section. 11
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b) Subdivision 3. Special Election Procedure 13
The procedure at such election and assumption of duties of elected officers following such election shall 14
conform as nearly as practicable to that those prescribed for other municipal elections under this Charter. 15
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Subdivision 42. Vacancy with less than 365 days remaining in term 17
In the case of a vacancy where there remains less than 365 days in the unexpired term, with the exception of 18
subdivision 3, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. 19
In the case of a tie vote of the Council, the Mayor shall make said appointment. 20
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Subdivision 53. Vacancies within 120 days before a regular municipal election date 22
When a vacancy in an elected municipal office occurs within 120 days prior to before a regular municipal 23
election date, the special election to fill the vacancy shall coincide with the regular election. 24
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If the vacancy occurs within sixty days before the regular election date, the notice of such vacancy shall be 26
published as soon as is practicable. 27
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a) Vacancy of an expiring term: If within the 120 day period before a regular municipal election, the 29
vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers 30
whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes 31
of the election. 32
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b) Vacancy of an unexpired term: However, If such a vacancy occurs within 120 days before a regular 34
municipal election in the office of either of the other two Councilmembers with unexpired terms, the 35
seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case 36
of two vacancies, the third and fourth highest vote totals. 37
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Where two unexpired term vacancies exist, the candidate with the third highest total shall fill the 39
vacancy in the office having the longest unexpired term. 40
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Subdivision 64. Insufficient numbers of candidates 43
If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated 44
municipal offices, the City Council shall fill said offices by appointment until the next regular municipal 45
election. In the case of a tie vote of the Council, the Mayor shall make said appointment. 46
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Subdivision 75: Assumption of duties 48
Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting 49
following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 50
2004). 51