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HomeMy WebLinkAbout11-21-2017 Packet205.07 MS 1957 [Repealed,1959 c 675 art 13 s 1] 205.07 CITY GENERAL ELECTION. Subdivision 1.Date of election.The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year.Notwithstanding any provision of law to the contrary and subject to the provisions of this section,the governing body of a city may,by ordinance passed at a regular meeting held at least 180 calendar days before the first day to file for candidacy in the next municipal election,decide to hold the election on the first Tuesday after the first Monday in November in either an even-or odd-numbered year.A city may hold elections in either the even-numbered year or the odd-numbered year,but not both.When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance,the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election.If the change results in having three council members to be elected at a succeeding election,the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years.To provide an orderly transition to the odd or even year election plan,the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election.The term of office for the mayor may be either two or four years.The term of office of council members is four years.Whenever the time of the municipal election is changed,the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date.Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made.A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd.1a.City council members;expiration of terms.The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire.All officers of charter cities chosen and qualified shall hold office until their successors qualify. Subd.2.[Repealed,1976 c 44 s 70] Subd.3.Effect of ordinance;referendum.An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance.Within 180 days after passage and publication of the ordinance,a petition requesting a referendum on the ordinance may be filed with the city clerk.The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election.If the requisite petition is filed within the prescribed period,the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held on a date authorized by section 205.10, subdivision 3a.If the petition is filed,the governing body may reconsider its action in adopting the ordinance. History:1959 c 675 art 6 s 7;1973 c 123 art 3 s 4;1974 c 337 s 3;1976 c 44 s 5;1981 c 29 art 7 s 38;1983 c 62 s 3;1986 c 444;1991 c 227 s 19,20;1994 c 646 s 6;1995 c 8 s 5;2010 c 201 s 58,59;2014 c 264 s 22;2017 c 92 art 1 s 23;art 2 s 9 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 205.07MINNESOTASTATUTES20171 205.10 MS 1957 [Repealed,1959 c 675 art 13 s 1] 205.10 MUNICIPAL SPECIAL ELECTIONS. Subdivision 1.Questions.Special elections may be held in a city or town on a question on which the voters are authorized by law or charter to pass judgment.A special election may be ordered by the governing body of the municipality on its own motion or,on a question that has not been submitted to the voters in an election within the previous six months,upon a petition signed by a number of voters equal to 20 percent of the votes cast at the last municipal general election.A question is carried only with the majority in its favor required by law or charter.The election officials for a special election shall be the same as for the most recent municipal general election unless changed according to law.Otherwise special elections shall be conducted and the returns made in the manner provided for the municipal general election. Subd.2.Vacancies in city offices.Special elections shall be held in statutory cities to fill vacancies in elective city offices as provided in section 412.02,subdivision 2a. Subd.3.[Repealed,2017 c 92 art 2 s 26] Subd.3a.Uniform election dates.(a)Except as allowed in paragraph (b)and subdivision 4,a special election held in a city or town must be held on one of the following dates:the second Tuesday in February, the second Tuesday in April,the second Tuesday in May,the second Tuesday in August,or the first Tuesday after the first Monday in November.A home rule charter city must not designate additional dates in its charter. (b)A special election may be held on a date other than those designated in paragraph (a)if the special election is held in response to an emergency or disaster."Emergency"means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring."Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment. Subd.4.Vacancies in town offices.Special elections to fill vacancies in town offices as provided in section 367.03,subdivision 6,must be held with the town general election or on a date authorized by subdivision 3a. Subd.5.Limit on ballot questions.The governing body of a city or town may not act to submit a ballot question at a general or special election and may not accept a petition for submission of a ballot question at a general or special election unless all election-related deadlines can be met,including publication deadlines for all required notices.A petition rejected under this subdivision may be resubmitted at a time when compliance with all election-related deadlines is possible.Nothing in this subdivision requires the scheduling of a special election for a ballot question. Subd.6.Cancellation.A special election ordered by the governing body of the municipality on its own motion under subdivision 1 may be canceled by motion of the governing body,but not less than 74 days before the election. History:1959 c 675 art 6 s 10;1976 c 2 s 74;1976 c 44 s 6;1981 c 29 art 7 s 38;1981 c 172 s 1;1983 c 62 s 4;1993 c 375 art 7 s 7;1994 c 646 s 8,9;1997 c 147 s 42;1999 c 75 s 1;1999 c 132 s 31,32;2003 c 75 s 1;2008 c 244 art 1 s 15;2013 c 131 art 2 s 54;2016 c 161 art 1 s 14;2017 c 92 art 2 s 10,11 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 205.10MINNESOTASTATUTES20171 205.13 MS 1957 [Repealed,1959 c 675 art 13 s 1] 205.13 CANDIDATES,FILING. Subdivision 1.Affidavit of candidacy.An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk.Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a,must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term.Subject to the approval of the county auditor,the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor.The affidavit shall be in the same form as that in section 204B.06.The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate,if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed.Upon receipt of the proper filing fee,the clerk shall place the name of the candidate on the official ballot without partisan designation. Subd.1a.Filing period.In a city nominating candidates at a primary,an affidavit of candidacy for a city office voted on in November must be filed no more than 84 days nor less than 70 days before the city primary.In municipalities that do not hold a primary,an affidavit of candidacy must be filed no more than 70 days and not less than 56 days before the municipal general election held in March in any year,or a special election not held in conjunction with another election,and no more than 98 days nor less than 84 days before the municipal general election held in November of any year.The municipal clerk's office must be open for filing from 1:00 p.m.to 5:00 p.m.on the last day of the filing period. Subd.1b.Absent candidates.A candidate for municipal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy,the appropriate filing fee,and any necessary petitions in person to the filing officer.The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period.The affidavit,filing fee,and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state.In cities of the first class,and in any city where the use of nominating petitions is permitted under the city's charter,a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed. Subd.2.Notice of filing dates.At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing.The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy.The notice must separately list any office for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a special election is being held to fill a vacancy as provided in section 412.02,subdivision 2a. Subd.3.Filing fees.(a)Except as otherwise provided in this section,the filing fee for a municipal office is as follows: (1)in first class cities,$20; (2)in second and third class cities,$5;and (3)in fourth class cities and towns,$2. (b)A home rule charter or statutory city may adopt,by ordinance,a filing fee of a different amount not to exceed the following: Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 205.13MINNESOTASTATUTES20171 (1)in first class cities,$80; (2)in second and third class cities,$40;and (3)in fourth class cities,$15. (c)A home rule charter city that sets filing fees by authority provided in city charter is not subject to the fee limits in this section. Subd.4.Petition in place of fees.A candidate for municipal office may file a petition in place of the filing fees specified in subdivision 3.The petition shall meet the requirements of section 204B.11,subdivision 2. Subd.5.Nominating petition;cities of the first class.A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside in the election district from which the candidate is to be elected.The number of signers shall be at least 500,or two percent of the total number of individuals who voted in the municipality,ward,or other election district at the last preceding municipal general election,whichever is greater. Subd.6.Withdrawal.A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m.two days after the last day for filing affidavits of candidacy.Thereafter,no candidate may file an affidavit of withdrawal. History:1959 c 675 art 6 s 13;1976 c 44 s 8;1978 c 572 s 3;1981 c 29 art 7 s 10;1983 c 62 s 5;1985 c 72 s 4;1987 c 62 s 8;1994 c 646 s 10,11;1997 c 147 s 43;2000 c 467 s 26,27;1Sp2001 c 10 art 18 s 35; 2010 c 184 s 28;2010 c 201 s 61,62;2011 c 65 s 6;2013 c 131 art 2 s 55;2014 c 264 s 23;2015 c 70 art 1 s 49 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2MINNESOTASTATUTES2017205.13 205.16 MS 1957 [Repealed,1959 c 675 art 13 s 1] 205.16 NOTICE. Subdivision 1.Publication and posting.In every municipality,the municipal clerk shall,except as otherwise provided in this section,give two weeks'published notice,and may also give ten days'posted notice,of the election,stating the time of the election,the location of each polling place,the offices to be filled,and all propositions or questions to be voted upon at the election.In a city of the fourth class or a town not located within a metropolitan county as defined in section 473.121,the governing body may dispense with publication of the notice of the municipal general election,in which case ten days'posted notice shall be given.The municipal clerk shall also post a copy of the notice in the clerk's office for public inspection. Subd.2.Sample ballot,publication.For every municipal election,the municipal clerk shall,at least two weeks before the election,publish a sample ballot in the official newspaper of the municipality,except that the governing body of a fourth class city or a town not located within a metropolitan county as defined in section 473.121 may dispense with publication. Subd.3.Sample ballot,posting.For every municipal election,the municipal clerk shall at least two weeks before the election prepare a sample ballot for the municipality,make them available for public inspection in the clerk's office,and post a sample ballot in each polling place on election day. Subd.4.Notice to auditor.At least 74 days before every municipal election,the municipal clerk shall provide a written notice to the county auditor,including the date of the election,the offices to be voted on at the election,and the title and language for each ballot question to be voted on at the election.At least 74 days before every municipal election,the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10,subdivision 6. Subd.5.Notice to secretary of state.At least 74 days before every municipal election for which a notice is provided to the county auditor under subdivision 4,the county auditor shall provide a notice of the election to the secretary of state,in a manner and including information prescribed by the secretary of state. History:1959 c 675 art 6 s 16;1976 c 2 s 77,78;1976 c 44 s 11;1978 c 572 s 6,7;1981 c 29 art 7 s 38;1983 c 62 s 6;1989 c 291 art 1 s 20;1991 c 227 s 21;1994 c 646 s 12,13;1999 c 132 s 33;2004 c 293 art 2 s 35,36;2008 c 244 art 1 s 16;2010 c 184 s 29,30;2010 c 201 s 63-66;2013 c 131 art 2 s 56,57 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 205.16MINNESOTASTATUTES20171 205.065 PRIMARIES. Subdivision 1.Establishing primary.A municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd.2.Resolution or ordinance.The governing body of a city may,by ordinance or resolution adopted by April 15 in the year when a municipal general election is held,elect to choose nominees for municipal offices by a primary as provided in this section.The resolution or ordinance,when adopted,is effective for all ensuing municipal elections until it is revoked.The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Subd.3.[Repealed,1994 c 646 s 28] Subd.4.Candidates,filing.The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid.When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office,their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office.When more than one council member is to be elected for full terms at the same election,the candidates'names shall be placed under one office on the ballot with the number to be elected to the office specified directly underneath the title and identification of the office. Subd.5.Results.The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable.The canvass may be conducted on either the second or third day after the primary. The governing body of the municipality shall canvass the returns,and the two candidates for each office who receive the highest number of votes,or a number of candidates equal to twice the number of individuals to be elected to the office,who receive the highest number of votes,shall be the nominees for the office named.Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee. Subd.6.Recount.A losing candidate at the municipal primary may request a recount of the votes for that nomination subject to the requirements of section 204C.36. Subd.7.[Repealed,2011 c 65 s 9] History:1983 c 62 s 2;1987 c 62 s 6,7;1989 c 209 art 1 s 19;1994 c 646 s 4,5;2010 c 184 s 26,27; 2010 c 194 s 21;2010 c 201 s 57;2011 c 65 s 5;2016 c 161 art 1 s 13;2017 c 92 art 1 s 22 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 205.065MINNESOTASTATUTES20171 1 Ramsey County Elections 2010 Election Calendar for Municipalities and School Districts This calendar contains selected dates for the 2010 election process. Please consult the Minnesota election law for complete details. Unless otherwise provided, “city” means the cities of Arden Hills, Blaine, Gem Lake, Little Canada, Mounds View, North Oaks, North St Paul, Roseville, Shoreview, Spring Lake Park, and Vadnais Heights; and "school district" means ISD 622 (North St Paul-Maplewood). Note: selected dates are tentative, subject to legislative enactment of anticipated changes to provisions of the election law. May 4 Last day to publish notice of filing for cities with a primary (205.13, subd 2; 205A.06, subd 2) May 12 Last day to change polling places for city and school district elections (204B.16, subd 3) May 13 Annual election training conference for municipal and school district election officials (204B.25, subd 4) May 18 First day to file affidavits of candidacy for all school districts and for cities with a primary (205.13, subd 1a; 205A.06, subd 1a) May 28 Last day to certify text of ballot questions for primary (205.16, subd 4; 205A.07, subd 3) Jun 1 Last day to file affidavits of candidacy for all school districts and for cities with a primary (5:00pm) (205.13, subd 1a; 205A.06, subd 1a) Jun 3 Last day to file affidavits of withdrawal for all school districts and for cities with a primary (5:00pm) (205.13, subd 6; 205A.06, subd 5) Jun 25 Begin absentee voting for city and school district primary (204B.35, subd 4) Jun 30 Annual voting system payments due Jul 12 Blackout period for school district special election begins (205A.05, subd 1) Jul 14 Pre-primary meeting for municipalities and school districts 2 (204B.28, subd 1) Jul 16 Last day to appoint election judges to serve at the primary (204B.21, subd 2) Jul 20 End of pre-registration of voters for city primary (5:00pm) (201.061, subd 1) Last day to publish notice of filing for cities without primary (205.13, subd 2) Jul 21 First day to administer absentee voting in health care facilities (203B.11, subd 2) Jul 23 Last day to post notice of filing for cities without primary (205.13, subd 2) Jul 27 First day to conduct public accuracy tests for primary (206.83) Last day to publish first notice of election for city primary (205.16, subd 1) Jul 30 Last day to post notice of election for city primary (205.16, subd 1) Pre-primary campaign financial reports due (211A.02, subd 1) Aug 3 First day to file affidavits of candidacy for city offices without municipal primaries and for school district offices (205.13, subd 1a; 205A.06, subd 1a) Last day to publish second notice of election and sample ballot for city primary (205.16, subd 1, 2) Aug 7 Extended hours for absentee voting: 10:00am – 3:00pm (203B.085) Aug 9 Extended hours for absentee voting: 8:00am – 5:00pm (203B.085) Aug 10 State primary – polls open 7:00am – 8:00pm (204D.03, subd 1) 3 Aug 12 Last day to return polling place rosters and complete VR cards to Rams ey County Elections (204C.27) Aug 13 Canvass of results of city primary (205.065, subd 5) Aug 17 Last day to file affidavits of candidacy for city offices without municipal primaries and for school district offices (5:00pm) (205.13, subd 1a; 205A.06, subd 1a) Aug 19 Last day to file affidavits of withdrawal for city offices for cities without municipal primaries (5:00pm) (205.13, subd 6) Aug 20 Last day to certify text of ballot questions for general election ballot (205.16, subd 4; 205A.07, subd 3) Sept 17 Begin absentee voting for general election (204B.35, subd 4) Sept 29 Pre-election meeting with municipalities and school districts Oct 8 Last day to appoint election judges for the general election (204B.21, subd 2) Oct 12 End of pre-registration of voters for general election (5:00pm) (201.061, subd 1) Oct 13 First day to administer absentee voting in health care facilities (203B.11, subd 2) Oct 19 Last day to publish first notice of election for city elections (205.16, subd 1) First day to conduct public accuracy tests for general election (206.83) Oct 22 Pre-general election campaign financial reports due (211A.02, subd 1) Last day to post notice of election for city and school district general election (205.16, subd 1; 205A.07, subd 1) 4 Oct 26 Last day to publish second notice of election and sample ballot for city elections (205.16, subd 1, 2) Oct 30 Extended hours for absentee voting: 10:00am – 3:00pm (203B.085) Last day to train election judges for general election (8240.1300, subp 4) Nov 1 Extended hours for absentee voting: 8:00am – 5:00pm (203B.085) Nov 2 State general election – polls open 7:00am to 8:00pm (204D.03, subd 2) Nov 4 Last day to return polling place rosters and completed VR cards to Ramsey County Elections (204C.27) Nov 9 Certification of filing for campaign financial reports due (211A.05, subd 1) Nov 12 Last day to canvass results of city and school district general election (205.185, subd 3; 205A.10, subd 3) Nov 19 First day to issue certificates of election for winning city and school district candidates (assuming canvass on Nov 12) (205.185, subd 3; 205A.10, subd 3) Dec 1 Post-election meeting with municipalities and school districts Dec 2 Post-general election campaign financial reports due (211A.02, subd 1) Dec 13 Blackout period for school district special elections ends (205A.05, subd 1) Jan 3, 11 Terms begin for officials elected at Nov 3 general election (Minn. Const. Art. VII, sec 7) 3/4/10 Mounds View Charter Commission Minutes Tuesday, September 19, 2017 1. Call to Order – The meeting came to order at 7:01 P.M. 2. Roll Call – Present: B. Amundsen, B. Clawson (arrived at 7:27 PM), G. Oberg, J. Peterson, M. Reyes-Johnson, J. Thomas Excused: B. Doty, D. Erickson Absent: 3. Approval of Agenda Motion by J. Peterson, second by G. Oberg, to approve the agenda as amended. Motion Approved Approval of Minutes Motion by M. Reyes-Johnson, second by G. Oberg to approve the minutes of July 18, 2017 as amended. Motion Approved 4. Citizens Comments from the Floor Gary Mealhouse – re: Time allowance in section 4.05. Nyle Zikmund – serving as interim part time City Administrator. 5. Reports of Chair There is still an opening for an additional Charter Commission member. 6. Reports of Member 7. Unfinished Business Discussion of the Charter Section 4.05 Vacancy language as it pertains to the current 365 days vs. statutory city requirements for 2 years and the discussion we had in a joint session with the City Council on this issue. 8. New Business Agenda for November to include: Look at proposals for language changes for Section 4.05 and Section 4.04. Review Bylaws requirements Next Meeting Date 11/21/2017. 9. Adjournment: meeting adjourned at 8:44 P.M. Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall Revision Date 1/5/2007 Date of regular primary election if scheduled. A special election may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. Date of regular general election. A special election may be scheduled concurrent with general election. Max 120 days Date a petition has been determined to be sufficient Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. No Special Election | 60 days No Special Election | 40 days Election Year Date a petition has been determined to be sufficient Non Election Year No Special Election If primary scheduled | 60 days CHAPTER 4 NOMINATION AND ELECTIONS SECTION: 4.01 The Regular Municipal Election 4.02 Filing for Office 4.03 Procedure at Elections 4.04 Special and Advisory Elections Except for Elected Office 4.05 Vacancy of Municipal Elected Office 4.06 Insufficient Number of Candidates Section 4.01. The Regular Municipal Election Subdivision 1. Definition. A regular municipal election shall be held on the first Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at such places as the City Council shall designate. Subdivision 2. Notice of Election. At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Subdivision 3: Assumption of Duties. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Section 4.02. Filing for Office Subdivision 1. Procedure. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended, an affidavit of candidacy for a city office must be filed within the time frame specified and in accordance with the Statute 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. Length of Service. 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. Severability. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) Section 4.03. Procedure at Elections 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 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office Subdivision 1. Vacancy with 365 days or more remaining in the term When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within 90 days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. If this vacancy is within 120 days before a regular municipal election date (as defined in section 4.01), see subdivision 3. a) Special Election Notice The City Administrator shall give at least 60 days published prior notice of such special election, except as set forth under Subdivision 3(c) of this section. b) Special Election Procedure The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to those prescribed for other municipal elections under this Charter. Subdivision 2. Vacancy with Less Than 365 Days Remaining in Term In the case of a vacancy where there remains less than 365 days in the unexpired term, with the exception of subdivision 3, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie vote of the Council, the Mayor shall make said appointment. Subdivision 3. Vacancy within 120 Days Before a Regular Municipal Election Date When a vacancy in an elected municipal office occurs within 120 days before a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. a) Vacancy of an Expiring Term: If within the 120 day period before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. b) Vacancy of an Unexpired Term: If a vacancy occurs within 120 days before a regular municipal election in the office of either of the two Councilmembers whose seats are not up for re-election, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals. 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. c) Special Election Notice within 60 days before a regular municipal election If the vacancy occurs within sixty days before the regular municipal election date, the notice of such vacancy shall be published as soon as is practicable. Subdivision 4: Assumption of duties 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). Section 4.06. Insufficient numbers of candidates If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment. Charter Commission Chair Brian Amundsen 763-786-5699 Vice Chair Brandon Clawson 651-235-6052 2nd Vice Chair Gregory Oberg 763-607-0141 Secretary Jonathan J Thomas 763-784-5205 Bill Doty 763-786-3421 Dennis Erickson 612-270-5293 Jerry Peterson 612-607-3953 Marisa Reyes-Johnson 763-464-8682 CHARTER COMMISSION MEETING 7:00 PM Tuesday 21 November 2017 Mounds View City Hall Council Chambers Preliminary AGENDA 1.Call to Order 2.Roll Call __ Brian Amundsen __ Brandon Clawson __ Bill Doty __ Dennis Erickson __ Gregory Oberg __ Jerry Peterson __ Marisa Reyes-Johnson __ Jonathan J Thomas 3.Approval of Agenda and Minutes Review and approve Agenda Review and approve 19 September 2017 Minutes 4.Citizens Comments from the floor 5.Reports of the Chair 6.Reports of Members 7.Unfinished Business 60 min Charter 4.05 Vacancy Language Research Reports 10 min Charter 4.04 Language review 10 min Charter Appendix A & D updates for Election Timing Changes per Statute 8.New Business 10 min Set next meeting agenda items 9.Next Regular Meeting Date – 16 January 2018 at 7 PM 10. Adjournment