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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 />47. At the February 10, 2025 regular city council meeting, the Orono City Council <br />adopted Ordinance No. 307, "An Ordinance Amending the Code of Ordinances to <br />Clarify the Procedures and Timing of Special Elections to Fill Declared Vacancies in <br />Elected Offices." Dickey Aff. Exs. J, K, & L.4 <br />48. City of Orono Ordinance No. 307 amended the Orono, Minnesota, City Code to <br />provide for special elections to fill certain vacancies in elected offices at times other <br />than at regular city general elections. See Dickey Aff. Ex. K. <br />49. City of Orono Ordinance No. 307 defines "vacancy" with reference to <br />"Minnesota Statutes Section 351.02 or other state law." Dickey Aff. Ex. K. <br />50. Under section 6-3, titled "Special election timing," City of Orono Ordinance No. <br />307 states: "After a vacancy is declared on the City Council and a person appointed <br />to fill the vacancy, a special election shall be held pursuant to Minnesota Statute <br />Section 412.02, subd. 2a if there are more than 365 days remaining until the next <br />general election. The Council may by resolution establish the dates of filing affidavits <br />of candidacy for the office, the time for absentee balloting, and the dates of the special <br />election, as well as other provisions for the effective administration of the elections. <br />The special election must be held on one of the uniform election dates pursuant to <br />Minn. Stat. 205.10, subd. 3a." Dickey Aff. Ex. K. <br />51. According to Minn. Stat. § 412.02, subd. 2a, the City of Orono Ordinance No. <br />307 cannot be applied retroactively to a vacancy that has already occurred and been <br />4 City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, <br />available at https://oronomn.new.swagit.com/videos/334379 (see 01:01:57 - 01:05:13) <br />(last accessed Feb. 11, 2025). <br />11 <br />66 <br />