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HomeMy WebLinkAboutCharter Ch. 4_revised with titlesCHAPTER 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time frame specified and in accordance with the Statute with the exception that the fee portion of the Statute shall be superseded by the following: Any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by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.