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27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />Mr. Johnson's resignation ceased to exist. In other words, there was no longer a <br />vacancy on the Orono City Council. <br />24. The vacancy created by Mr. Johnson's resignation no longer exists, nor is it <br />ongoing or continuing. <br />25.As of the filing of this petition, there is no current or anticipated vacancy on <br />the Orono City Council. <br />26. Minnesota Statutes section 412.02, subd. 2a states that, "If the vacancy occurs <br />before the first day to file affidavits of candidacy for the next regular city election and <br />more than two years remain in the unexpired term, a special election shall be held at <br />or before the next regular city election and the appointed person shall serve until the <br />qualification of a successor elected at a special election to fill the unexpired portion <br />of the term." See also Minn. Stat. § 205.10, subd. 2 ("Special elections shall be held in <br />statutory cities to fill vacancies in elective city offices as provided in section 412.02, <br />subdivision 2a."). <br />27.At the time Mr. Johnson resigned and the Orono City Council accepted his <br />resignation and declared a vacancy, the next regular city election was scheduled for <br />November 3, 2026. See City of Orono, Minnesota, Elections, available at <br />https://www.oronomn.gov/261/Elections (last accessed Feb. 10, 2025); Dickey Aff. <br />Ex. C. <br />28.At the time Mr. Johnson resigned and the Orono City Council accepted his <br />resignation and declared a vacancy, more than two years remained in Mr. Johnson's <br />unexpired term. <br />,: <br />61 <br />