Given the possibility raised by today's news, I thought list members might be interested in the charter language on filling council resignations.
With Herron, there was no special election because the vacancy occurred after March 1 of a council election year. The council gets to appoint someone and the primary and general election contest goes on as scheduled. Obviously, we're not in a council election year. Thus, according to the charter, a special election must be held within 75 days after a vacancy. Also, a primary must occur 35 or more days prior to the special election. But here's a wacky complication: redistricting. Technically, I believe the new lines go into effect Sept. 10, 2002. A question to knowledgeable list members: would elections prior to Sept. 10 be held in the old ward boundary, and elections after Sept. 10 and in the new lines? Here's a wild scenario: could you have a pre-Sept. 10 primary and a post-Sept. 10 general election...with legal ward lines switching in-between? It can happen, I think. If a resignation happens before June 27, you must do the primary and general election before before Sept. 10 - in other words, all under the current lines, not the new ones drawn by the Redistricting Commission. But...if a resignation comes between June 27 and July 31, you'd *have* to hold a primary before the Sept. 10 ward-line changeover date, and you'd *have* to hold the general election after changeover (because of the rules governing primary and general election dates). Finally, if a resignation happens between June 27 and August 22, the ward special general election would have to be held *between* Sept. 10 and Nov. 5, because of the 75-day rule. That means voters - whoever they are - could face four trips to the polls within four months. Some might say "appoint someone and then hold the primary on Sept. 10 with the regularly scheduled state and school board offices, and do the general election on Election Day, Nov. 5." Make sense. However, my read of the charter language (below) rules out an appointed council member in a non-council election year. David Brauer List manager Special elections geek Here is the charter language: Section 16.� Vacancy in Office of Mayor and Council Members--How Filled. Whenever any vacancy shall occur in the office of Mayor or in the office of any Council Member prior to March 1st of the year of the general City election for the office of Mayor or Council Member, it shall be filled for the unexpired term by a special election ordered by the City Council and held City-wide if the vacancy is in the office of the Mayor or held in the applicable ward if the vacancy is in the office of a Council Member. The special election shall be held within seventy-five (75) days after such vacancy shall occur. For the purpose of selecting the candidates to be voted on at such special election, the Council shall fix the date of a primary election to be held not less than thirty-five (35) days prior to such special election, and shall also fix the dates for filing of candidates for such office which shall be for a period of not less than eight (8) days, and the closing date for such filing shall not be less than twenty (20) days prior to the date fixed for the primary election. All provisions of this Charter pertaining to primary and special elections shall apply to any primary or special election provided for by this section, except as otherwise specifically provided herein. ... Whenever any vacancy occurs in the office of any Council Member on or after March 1st of the year of the general City election for the office of Council Member, such vacancy shall be filled by the City Council appointing a qualified voter from the ward for which the vacancy exists, to hold office for the remainder of such unexpired term, provided that no such appointment shall be made after the opening date for filing for such position in the next ensuing city primary election. When a vacancy for Council Member exists on or after the first date for filing, the person elected at the general City election, upon certification of the general City election results, shall fill the position for the remainder of the unexpired term. (As amended 6-20-82; 11-4-75; 11-2-76; 83-Or-234, � 2, 9-30-83; 11-8-83; 92-Or-035, � 1, 3-13-92; 95-Or-041, � 1, 3-10-95) _______________________________________ Minneapolis Issues Forum - A Civil City Civic Discussion - Mn E-Democracy Post messages to: [EMAIL PROTECTED] Subscribe, Unsubscribe, Digest option, and more: http://e-democracy.org/mpls
