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27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM appointee's term. In re Request of the Senate for an Advisory Op., 696 A.2d 277, 280 (R.I. 1997). 103. In Request of the Senate for an Advisory Opinion, the court explained: We also hold, however, that the proposed legislation violates article 9, section 5, of the State Constitution insofar as it applies its provisions retroactively. After a Governor has exercised his constitutional authority under article 9, section 5, by filling a vacancy in office "not otherwise provided for by this Constitution or by law," that appointment continues "`until the normal elective power shall act."' The Rhode Island General Assembly could not, the court held, shorten that term. Id. 104. The Rhode Island court also noted that "if the General Assembly had enacted a statute such as § 17-2-4.1 before the Governor had exercised his constitutional authority under article 9, section 5, we have no doubt but that such an enactment would have been held constitutional." Id. 105. There are important similarities here. Had the Orono City Council enacted an ordinance allowing for a special election at a different time than the regular city election prior to the appointment of Ms. Berrett, and then appointed her until an early special election were to take place, that would probably be valid absent some other defect. That is just like the hypothetical drawn by the Rhode Island Supreme Court as to what the state General Assembly could have done, constitutionally. 106. Orono didn't do that. Instead, the Orono City Council failed to pass an ordinance. Then it failed to exercise the appointment power due to the tied 2-2 vote. Consequently, under Minn. Stat. § 412.02, subd. 2a, then -Mayor Dennis Walsh lawfully appointed Ms. Berrett for the remainder of the unexpired term, through the 24 79