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League of Minnesota Cities Model Ordinance:5/31/2023 <br />Providing for Special Elections to Fill Council Vacancies Page 2 <br />Vacancy.A vacancy occurs for the reasons stated in Minnesota Statute Section 351.02 or <br />other state law. <br />SECTION 2. APPOINTMENT TO VACANCY <br />Pursuant to Minnesota Statute § 412.02, subd. 2a, a person shall be appointed to fill the vacancy <br />until the special election is held and the winner of the special election is qualified to take office. <br />SECTION 3. SPECIAL ELECTION TIMING <br />If a vacancy occurs and a special election to fill the unexpired term is required pursuant to <br />Minnesota Statute Section 412.02, subd. 2a,and there are more than ____days until the next <br />general election, then the special election to fill the vacancy shall be held prior to the general <br />election,but no later than ____days after the date of the vacancy. <br />The special election must be held on one of the uniform election dates pursuant to Minn. Stat. <br />205.10, subd. 3a. <br />SECTION 4. REPEAL <br />Ordinance Number (number of ordinance), (title of ordinance), adopted on __________, <br />______is repealed. <br />This section is only necessary if a prior ordinance needs to be repealed. If there is no prior <br />ordinance, delete this section. <br />SECTION 5. SEVERABILITY <br />If any provision of this ordinance is found to be invalid for any reason by a court of competent <br />jurisdiction, the validity of the remaining provisions shall not be affected. <br />SECTION 6. EFFECTIVE DATE <br />This ordinance becomes effective upon passage and publication. <br />Passed by the City Council of _______, Minnesota this _____day of Month, Year. <br />___________________ <br />Mayor <br />Attested: <br />____________________ <br />City Clerk <br />37