Bill Text: MN HF2943 | 2013-2014 | 88th Legislature | Introduced
Bill Title: County attorney special election required to fill a vacancy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-19 - Committee report, to adopt and re-refer to Government Operations [HF2943 Detail]
Download: Minnesota-2013-HF2943-Introduced.html
1.2relating to elections; requiring a special election to fill a vacancy in the office of
1.3county attorney; amending Minnesota Statutes 2012, sections 375.08; 382.02.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 375.08, is amended to read:
1.6375.08BOARD TO FILL VACANCIES IN COUNTY OFFICES.
1.7 Subdivision 1. By board appointment. When a vacancy occurs in the office of
1.8county auditor, county treasurer, county recorder, sheriff,county attorney, county surveyor,
1.9or coroner, the county board shall fill it by appointment. For that purpose it shall meet at
1.10the usual place of meeting, upon one day's notice from the chair or clerk, which shall be
1.11served personally upon each member in the same manner as a district court summons.
1.12The person appointed shall give the bond and take the oath required by law, and serve the
1.13remainder of the term, and until a successor qualifies. When a vacancy occurs in an office
1.14that has a chief deputy or first assistant, the chief deputy or first assistant may perform all
1.15the duties and functions of the office until it is filled by appointment by the county board.
1.16 Subd. 2. Filling vacancy in county attorney office; special election. The county
1.17board may appoint an attorney licensed to practice law in the state to fill a vacancy in
1.18the office of county attorney. The procedures in subdivision 1 apply to an appointment
1.19made under this subdivision. A person appointed to fill a vacancy in the office of county
1.20attorney need not be a resident of the county, and shall serve until a successor is elected
1.21and qualified. A special election to fill a vacancy in the office of county attorney must be
1.22held no later than one year following the date the office became vacant, provided that if
1.23less than one year remains in the unexpired term at the time the office becomes vacant, a
1.24special election shall not be held and the vacancy shall be filled at the general election. A
2.1person elected to fill a vacancy at a special election serves the remainder of the unexpired
2.2term and until a successor is elected and qualified.
2.3 Sec. 2. Minnesota Statutes 2012, section 382.02, is amended to read:
2.4382.02 VACANCIES, HOW FILLED.
2.5Except as otherwise provided in section 375.08, any appointment made to fill a
2.6vacancy in any of the offices named in section382.01 shall be for the balance of such
2.7entire term, and be made by the county board.
1.3county attorney; amending Minnesota Statutes 2012, sections 375.08; 382.02.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 375.08, is amended to read:
1.6375.08
1.7 Subdivision 1. By board appointment. When a vacancy occurs in the office of
1.8county auditor, county treasurer, county recorder, sheriff,
1.9or coroner, the county board shall fill it by appointment. For that purpose it shall meet at
1.10the usual place of meeting, upon one day's notice from the chair or clerk, which shall be
1.11served personally upon each member in the same manner as a district court summons.
1.12The person appointed shall give the bond and take the oath required by law, and serve the
1.13remainder of the term, and until a successor qualifies. When a vacancy occurs in an office
1.14that has a chief deputy or first assistant, the chief deputy or first assistant may perform all
1.15the duties and functions of the office until it is filled by appointment by the county board.
1.16 Subd. 2. Filling vacancy in county attorney office; special election. The county
1.17board may appoint an attorney licensed to practice law in the state to fill a vacancy in
1.18the office of county attorney. The procedures in subdivision 1 apply to an appointment
1.19made under this subdivision. A person appointed to fill a vacancy in the office of county
1.20attorney need not be a resident of the county, and shall serve until a successor is elected
1.21and qualified. A special election to fill a vacancy in the office of county attorney must be
1.22held no later than one year following the date the office became vacant, provided that if
1.23less than one year remains in the unexpired term at the time the office becomes vacant, a
1.24special election shall not be held and the vacancy shall be filled at the general election. A
2.1person elected to fill a vacancy at a special election serves the remainder of the unexpired
2.2term and until a successor is elected and qualified.
2.3 Sec. 2. Minnesota Statutes 2012, section 382.02, is amended to read:
2.4382.02 VACANCIES, HOW FILLED.
2.5Except as otherwise provided in section 375.08, any appointment made to fill a
2.6vacancy in any of the offices named in section
2.7entire term, and be made by the county board.
