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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/15/2024 <br />City Special Elections Page 3 <br /> III. Filling vacancies in elective offices <br />Minn. Stat. § 412.02, subd. <br />2a. <br />Minn. Stat. § 205.10, subd. 2. <br />Minn. Stat. § 645.44, subd. <br />16. <br />When a vacancy occurs in a statutory city council, the statutes provide that <br />a vacancy “shall” be filled by appointment, generally indicating that the <br />action is mandatory. <br />A.G. Op. 471-M (Oct. 18, <br />1951). The attorney general has held that it is mandatory to fill vacancies in <br />office. In certain situations, the city must hold a special election in <br />addition to making an appointment. <br /> <br />Handbook, Elected Officials <br />and Council Structure and <br />Role. <br /> <br />Accepting Council Member <br />Resignation and Declaring a <br />Vacancy, LMC Model <br />Resolution. <br />When a special election is necessary, the council must appoint a person to <br />hold the vacant position until voters elect a candidate to serve in that <br />position at the special election. The council should adopt a resolution that <br />declares the vacancy. After considering interested and qualified residents, <br />the council must appoint an eligible person to fill the vacancy. Where <br />appropriate, the city council then calls for a special election. <br /> A. Determining need <br />Minn. Stat. § 412.02, subd. <br />2a. <br />Handbook, Elected Officials <br />and Council Structure and <br />Role, Section I-E; Section 1- <br />F. <br />In deciding whether a special election is necessary in a statutory city, look <br />at when the vacancy occurred, and the amount of time left on the <br />unexpired term. To determine if a special election is necessary, the city <br />must answer the following two questions: <br /> <br /> • Did the vacancy occur before the first day to file affidavits of <br />candidacy for the next regular city election? <br />• Do more than two years remain in the unexpired term? <br />Minn. Stat. § 412.02, subd. <br />2a. <br />Handbook, Elected Officials <br />and Council Structure and <br />Role, Section I-E; Section 1- <br />F. <br />When the answer to both questions is “yes,” a special election to fill the <br />vacancy is necessary. If the answer to either or both questions is “no,” a <br />special election is not necessary. Where no special election is necessary, <br />the appointed person serves for the duration of the term. <br />Minn. Stat. § 205.02, subd. 2. <br />Minn. Stat. § 205.10. <br />A.G. Op. 63-A-11 (Dec. 20, <br />1966). <br />A.G. Op. 63-A-11 (April 24, <br />1979). <br />Minn. Stat. § 205.02. <br /> <br /> <br />Minn. Stat. § 410.33. <br />Minn. Stat. § 412.02, subd. <br />2a. <br />In a charter city, look to the charter to determine how a vacancy should be <br />filled. City charter provisions may govern how to fill the vacancy over <br />general state law. For example, if a charter provides that a vacancy is filled <br />by appointing a replacement for the remainder of the term (regardless of <br />when the vacancy occurs or how much time is left on the term), the charter <br />provision overrides the requirement in state law that calls for a special <br />election. If the charter is silent on how to fill vacancies, the city may <br />follow the same process as statutory cities. Certain election law provisions <br />do not apply to charter cities, so charter cities should work with their city <br />attorney on election issues. <br />11