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("`General election' means an election held at regular intervals on a day determined by <br />law or charter at which the voters of the state or any of its subdivisions choose by ballot <br />public officials or presidential electors."); id., subd. 3 ("`Primary' means an election at <br />which the voters of the state or any of its subdivisions choose by ballot the nominees for <br />the offices to be filled at a general election."). If there were to be a primary for a special <br />election, does this Charter language mean that it would necessarily only be held in an <br />even year on the second Tuesday in August? Is this Charter language intending to mean <br />that primaries are only held for general elections, and not for special elections? <br />Depending on the interpretation this language is given, this language may be <br />problematic for different reasons. For example, if this language is thought to require <br />primary elections only for regular elections, that may conflict with state law that appears <br />to require primaries for all elections if they are used for any elections. Minn. Stat. <br />§ 205.065, subd. 2 ("The resolution or ordinance [for primaries], when adopted, is <br />effective for all ensuing municipal elections until it is revoked."). Alternatively, if the <br />language requires that primaries be used for all elections, how does that square with the <br />vacancy -filling requirements of section 4.5 of the Charter?3 <br />The second sentence is also difficult, in that the wording is different than state <br />statute. Regardless, however, this language is preempted by state statute and <br />unnecessary. "If not more than twice the number of individuals to be elected to a <br />nonpartisan office file for the nomination, their names and the name of the office shall be <br />omitted from the state and county nonpartisan primary ballot and the candidates who <br />filed shall be the nominees." Minn Stat. § 204D.07, subd. 3. This sentence also does not <br />identify what happens if two nominees or fewer file for an office; the absence of a <br />primary is implied but is not certain. This sentence also does not address a situation in <br />which there are multiple seats available, which is not possible now but would be if the <br />City elected council members at large. <br />Sec. 4.2. - Filing for office. <br />All persons who shall desire to be elected to any elected <br />office shall file an affidavit not more than ten weeks nor less <br />than eight weeks before the primary election with the city <br />clerk, paying a filing fee to the city clerk in an amount as set <br />by ordinance. <br />3 There is some uncertainty regarding the ability to hold primaries for special elections to fill vacancies. Because <br />Ramsey is governed by a Charter, there is an additional layer of uncertainty to this. Regardless, the statutes are not <br />completely consistent with respect to the ability for a municipality to hold a primary election for a special election. <br />For example, the timing language related to primaries quoted herein only refers to primaries that occur at the time <br />that they would occur for a general election. Similarly, the term "special primary" only appears in a substantive <br />portion of the Election Law in relation to filling vacancies in state senator or state representative offices. See Minn. <br />Stat. §§ 204D.17, subd. 1; 204D.20, subds. 2 and 3; see also Minn. Stat. § 200.02, subd. 5("`Special primary" means <br />an election held to choose the nominees for vacant public offices to be filled at a special election."). <br />4 <br />