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Chapter 4 — Nominations and Elections Section 4.5 after Ordinance #23-05 <br />was passed, highlighted sections remain unchanged after the recent update <br />Sec. 4.5 — Vacancy of municipal elected office. <br />4.5.1 In the event that a vacancy in an elected office of the city occurs with 365 days or more <br />remaining in the term of the vacated office, a special election shall occur on the date <br />established by the City Council per Minn Stat. §205.10, as the same may be revised, <br />amended or recodified, to elect a successor to serve for the remainder of the unexpired term <br />of the office vacated. <br />4.5.2 A person elected at a special election held pursuant to this section to fill the balance of <br />the unexpired term shall take office immediately after being qualified. <br />4.5.3 The procedure at such election shall conform as nearly as practicable to that prescribed <br />for other municipal elections under this Charter. <br />4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired term, <br />the council shall, by a majority vote, appoint a successor to serve for the remainder of said <br />term. In the case of a tie vote of the council, the mayor, or acting mayor if the office of <br />mayor be vacant, shall make the appointment from the candidates involved in the tie vote. <br />4.5.5 If two or fewer candidates file an affidavit of candidacy, the special primary election <br />shall be canceled and the special general election may be moved up to the primary date with <br />Council approval. If this option is utilized, it must be noted on the resolution calling for a <br />special election. <br />4.5.6 If there are insufficient numbers of candidates in a regular or special election to fill <br />expiring or vacated municipal offices, the city council shall fill said offices by appointment <br />until the next regular municipal election. In the case of a tie vote of the council, the mayor <br />shall make said appointment from the candidates under consideration. <br />Council supported changes to Sections 4.5.4 and 4.5.6 of the Charter: <br />4.5.4 If a special election has been called to fill a vacancy in an elected office of the city, and <br />no candidates filed an affidavit of candidacy prior to the expiration of the period for filing <br />an affidavit of candidacy, the special election shall be cancelled. In the event that such a <br />cancellation occurs the council may, by unanimous vote of all current members of the city <br />council, appoint a successor to serve until a successor elected at a special election held <br />pursuant to this section is qualified. If a subsequent attempt to hold a special election would <br />occur in the fourth year of the vacant term, no special election would be held. The council <br />may appoint a successor according to Sec. 4.5.6 of this chapter. <br />4.5.6 In the case of a vacancy where there remains less than 365 days in the unexpired term, <br />the council may, by unanimous vote of all current members of the city council, appoint a <br />successor to serve for the remainder of said term. <br />Comment: Appointment is only possible with a unanimous vote from all current council <br />members. <br />