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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 />69. This Court is the proper court in which to file the Petition: "The petition shall <br />be filed with ... any judge of the district court in that county in the case of an election <br />for... municipal... office." Minn. Stat. § 204B.44(b). <br />70. This Court has the authority under Minn. Stat. § 204B.44 to quash a resolution <br />or other official action calling for an election, cancel an election, and order <br />Respondents to provide the complete relief sought in this Petition. Order, Minn. <br />Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). <br />II. Respondents' Actions Violate Minnesota Election Law, So the <br />Special Election Must Be Cancelled. <br />71. The Orono City Council's actions ordering or calling for a special election and <br />ordering other acts related to that election, such as those of the Orono City Clerk, <br />violate Minn. Stat. § 351.02, Minn. Stat. § 412.02, subd. 2a, Minn. Stat. § 205.10, and <br />otherwise violate Minnesota Election Law because: <br />a. there is no current or anticipated vacancy for which the Orono City <br />Council could call a special election, Order, Minn. Voters All. v. Walz, <br />No. A25-0017 (Minn. Jan. 17, 2025); Minn. Stat. § 351.02, and <br />b. the City of Orono cannot retroactively apply its Ordinance No. 307 to a <br />previously filled vacancy to which a now -sitting city councilmember was <br />expressly appointed for the remainder of the unexpired term. <br />72. Because Respondents have violated and are about to violate Minnesota <br />Election Law, the Court should quash the Respondents' unlawful resolution ordering <br />a special election, cancel the election, and order Respondents to take all action <br />necessary to accomplish those orders. <br />15 <br />70 <br />