(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GENERAL ELECTION. An election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors.
SPECIAL ELECTION. An election held at any time to fill vacancies in public offices, or an election held by a subdivision of the state for a special purpose.
VACANCY. A VACANCY occurs for the reasons stated in M.S. § 351.02, as it may be amended from time to time, or other state law.
(B) Resolution declaring vacancy. The City Council is responsible for determining if a vacancy exists, and shall adopt a resolution declaring a vacancy when one exists.
(C) Appointment to vacancy. Pursuant to M.S. § 412.02, subd. 2a, as it may be amended from time to time, a person shall be appointed to fill the vacancy on an interim basis until a successor is elected and qualified to take office. Appointments are made by a vote of the Council. In the event of a tie vote, the Mayor shall make the appointment.
(D) Special election timing.
(1) A special election shall be called to fill all vacancies, unless there are fewer than 180 days remaining in the unexpired term, in which case the Council shall appoint a successor to fill the remaining unexpired term.
(2) If a vacancy is declared with more than 70 days remaining before the next general election, a special election may be held at the same time as the next general election, or before the next general election, as determined by the City Council in the resolution declaring the vacancy; provided, that the special election must be held no later than 180 days after the date of the resolution declaring the vacancy.
(3) If a vacancy is declared with less than 70 days until the next general election, then a special election to fill the vacancy shall be held after the general election, but no later than 180 days after the date of the resolution declaring the vacancy.
(E) Effective date. This subchapter becomes effective upon passage and publication.
(Prior Code, § 202.040) (Ord. 202.040, passed 9-9-2003)