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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 />38. A vacancy cannot exist where there is a current "incumbent" holding an office. <br />Minn. Stat. §§ 351.01, .02. <br />II. The 2025 Orono City Council Adopted a Special Election Ordinance <br />Over Two -and -One -Half Months After Johnson's Vacancy Had <br />Already Been Filled. <br />39.On November 5, 2024, the City of Orono held a general city election at which <br />two city council seats and the office of mayor were elected. <br />40. As a result of the general election held on November 5, 2024, Bob Tunheim was <br />elected mayor of the City of Orono and Jacqueline Ricks and Steve Persian were <br />elected as Orono City Council members. <br />41. Bob Tunheim, Jacqueline Ricks, and Steve Persian began their terms of office <br />in January 2025. See Minn. Stat. § 412.02, subd. 2 ("Terms of elective officers shall <br />commence on the first Monday in January following the election at which the officer <br />is chosen. All officers chosen and qualified as such shall hold office until their <br />successors qualify."); but see Orono, Minnesota, City Code, Title I, Chapter 2, Article <br />II, Sec. 2-36 ("The mayor and councilmembers shall take office on January 1 next <br />following the election.") <br />42.On January 27, 2025, the Orono City Council met for a work session. See <br />Dickey Aff. Ex. F. <br />43. At the January 27 work session, the Orono City Council discussed special <br />elections. See Dickey Aff. Exs. G & H. <br />44.At the January 27 work session, Mayor Bob Tunheim said: "I read the statute <br />[i.e., Minn. Stat. § 412.02, subd. 2a] to say we have to have a special election. It's just <br />a question of whether we need an ordinance to do a special election. I got conflicting <br />M <br />64 <br />