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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 />A. An Election Cannot Be Called for an Office for Which There Is <br />No Vacancy, and There Is No Current or Anticipated Vacancy <br />on the Orono City Council. <br />73. A special election to fill a vacancy can only be called when there is a vacancy. <br />See Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). Thus, in <br />Minnesota Voters Alliance v. Walz, just a month ago the Minnesota Supreme Court <br />quashed Governor Walz's writ of election calling for a special election in Houe District <br />40B because it was issued "prematurely" —while Rep. Jamie Becker -Finn held the <br />seat in question. Id. at 3-4. The rule is: no vacancy, no special election. <br />74. The vacancy declared by the Orono City Council on November 12, 2024, upon <br />the resignation of former Orono City Council member Matt Johnson, was lawfully <br />filled by then -Mayor Dennis Walsh's appointment on November 25, 2024. See Dickey <br />Aff. Exs. A, C, D, & E. <br />75. Walsh's appointment of Claire Berrett to fill Mr. Johnson's vacancy for the <br />remainder of the unexpired term through 2026 was a lawful act performed in <br />accordance with Minn. Stat. § 412.02, subd. 2a. <br />76. The express intent and effect of Walsh's appointment of Claire Berrett to fill <br />Mr. Johnson's vacancy was that Ms. Berrett was to fill the remainder of the unexpired <br />term through 2026 and that the special election be held "at" the next regular city <br />election. See Dickey Aff. Exs. C & D ("Walsh moved, Crosby seconded, to appoint <br />Claire Berrett to the City Council seat vacated by Matt Johnson effective immediately <br />to fill the remainder of the term through 2026."). <br />16 <br />71 <br />