Subdivision 1. Option for filling vacancies; special election. (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election. The county board may by resolution call for a special election to be held on a date authorized by section 205.10, subdivision 3a.
(b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term. If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.
Subd. 2. When victor seated immediately. If a vacancy for which a special election is required occurs less than 120 days before the general election preceding the end of the term, the vacancy shall be filled by the person elected at that election for the ensuing term who shall take office immediately after receiving the certificate of election, filing the bond and taking the oath of office.
Subd. 3. Inability or refusal to serve. In addition to the events specified in section 351.02, a vacancy in the office of county commissioner may be declared by the county board when a commissioner is unable to serve in the office or attend board meetings for a 90-day period because of illness, or because of absence from or refusal to attend board meetings for a 90-day period. If any of the preceding conditions occurs, the county board may, after the board by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend county board meetings, whichever is earlier. If the original member is again able to resume duties and attend board meetings, the board shall by resolution so determine and remove the appointed officeholder and restore the original member to office.
Subd. 4. Vacancies of less than one year; appointment option. Except as provided in subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any other vacancy in the office of county commissioner may be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired term. If one year or more remains in the unexpired term, a special election must be held under subdivision 1. If less than one year remains in the unexpired term, the county board may appoint a person to fill the vacancy for the remainder of the unexpired term, unless the vacancy occurs within 90 days of the next county general election, in which case an appointment shall not be made and the vacancy must be filled at the general election. The person elected to fill a vacancy at the general election takes office immediately in the same manner as for a special election under subdivision 1, and serves the remainder of the unexpired term and the new term for which the election was otherwise held.
Subd. 5. County boards vacancy appointment; public hearing. Before making an appointment to fill a vacancy under subdivision 4, the county board must hold a public hearing not more than 30 days after the vacancy occurs with public notice given in the same manner as for a special meeting of the county board. At the public hearing the board must invite public testimony from persons residing in the district in which the vacancy occurs relating to the qualifications of prospective appointees to fill the vacancy. Before making an appointment, the board also must notify public officials in the affected district on the appointment, including town board and city council members, and must enter into the record at the board meeting in which the appointment is made the names and addresses of the public officials notified. If after the public hearing, the board is unable or decides not to make an appointment under subdivision 4, it must hold a special election under subdivision 1, but the time period in which the election must be held begins to run from the date of the public hearing.
1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1; 2007 c 52 s 1,2; 2008 c 246 s 1,2; 2010 c 201 s 80,81; 2017 c 92 art 2 s 18
Structure Minnesota Statutes
Chapters 370 - 403 — Counties, County Officers, Regional Authorities
Section 375.01 — Members, Number Of.
Section 375.025 — Commissioner Districts.
Section 375.03 — Terms In New County Or If Board Enlarged.
Section 375.04 — Tie Determined By Lot.
Section 375.055 — County Commissioners' Compensation.
Section 375.056 — Seven-member Board.
Section 375.057 — Special Acts Providing For Payment Of Per Diems.
Section 375.06 — Compensation For Committee Work; Travel Expenses.
Section 375.065 — Meetings, Pay.
Section 375.07 — Meetings; Quorum.
Section 375.08 — Board To Fill Vacancies In County Offices.
Section 375.09 — Commissioner's Malfeasance; Affected Actions Are Void.
Section 375.101 — Vacancy In Office Of County Commissioner.
Section 375.11 — Board Seal; Rebuttable Evidence Of Board Proceedings.
Section 375.12 — Proceedings In Qualified Paper Within 30 Days; Let By Bid.
Section 375.14 — Offices And Supplies Furnished For County Officers.
Section 375.15 — Damaged Records Transcribed.
Section 375.16 — County Appropriation For Incidental Expenses.
Section 375.161 — Incidental Costs And Expenses; Contingent Fund.
Section 375.162 — Imprest Cash Funds.
Section 375.163 — Association Of Minnesota Counties; Dues, Expenses.
Section 375.164 — Broadcast Facilities.
Section 375.165 — County Translator Systems; Funding.
Section 375.167 — Nonprofit Legal Assistance Corporations.
Section 375.168 — Undercover Buy Fund; Expenditure Of Money By Counties.
Section 375.169 — Publication Of Summary Budget Statement.
Section 375.1691 — Judicial Order After Budget Preparation.
Section 375.17 — Publication Of Financial Statements.
Section 375.171 — Credit Cards.
Section 375.18 — General Powers.
Section 375.181 — County Building Sites.
Section 375.182 — Neglect Of Duty.
Section 375.19 — Additional Powers.
Section 375.192 — Reductions Or Abatements Of Valuation Or Taxes.
Section 375.194 — Economic Development Tax Abatement.
Section 375.195 — Sale Of Buildings On Public Property.
Section 375.20 — Ballot Questions.
Section 375.21 — Contracts Of County Boards.
Section 375.22 — Repairs Without Bids In Emergency.
Section 375.25 — County Bonds May Be Bought By Funds In Treasury; Resale.
Section 375.26 — Gifts, Acceptance.
Section 375.27 — Liabilities, Limitations, And Conditions Of Gifts Of Realty.
Section 375.273 — Acceptance Of Donations For Care Of Cemeteries.
Section 375.28 — Rewards For Capture.
Section 375.30 — County Board May Appropriate Money For Certain Purposes.
Section 375.31 — Motor Vehicles, Damage From Operation.
Section 375.32 — Insurance Policies; Premium, Payment.
Section 375.34 — Memorial Day, Appropriation For Observance.
Section 375.35 — $300 To Military Service Organizations For Memorial Day.
Section 375.36 — May Buy And Keep Up Part Of Cemetery As Soldiers' Rest.
Section 375.37 — "soldiers' Rest" Used Only For Veterans And Spouses.
Section 375.38 — Violation A Misdemeanor.
Section 375.39 — Change Of Name Of County; Order Of County Board.
Section 375.40 — County Board May License Exhibitions And Shows.
Section 375.41 — Misdemeanor To Take Part In Unlicensed Itinerant Show.
Section 375.44 — Mileage, County Hospital Board Members.
Section 375.45 — Change Funds, Establishment.
Section 375.46 — May Give General Fund Money To Sheriff For Patrols.
Section 375.47 — Expense Allowances For Members Of Boards And Agencies.
Section 375.471 — Land Conservation And Utilization; Federal Aid.
Section 375.48 — May Appoint County Coordinator To Serve At Its Pleasure.
Section 375.49 — County Coordinator Duties; Considered Department Head.
Section 375.50 — May Rescind County Coordinator Resolution.
Section 375.51 — Ordinances; Enactment, Publication.
Section 375.52 — Revision And Codification.
Section 375.53 — Violations Of Ordinances, Penalties.
Section 375.54 — Prosecutions Under Ordinance.
Section 375.55 — Disposition Of Fines Recovered For Ordinance Violations.
Section 375.551 — County Emergency Jobs Program.
Section 375.552 — Definitions.
Section 375.553 — County Emergency Employment Program.
Section 375.554 — Program Rules.
Section 375.56 — Create Department; Appoint Appeals Board To Establish.
Section 375.58 — Jurisdiction.
Section 375.59 — Personnel Director Appointment.
Section 375.60 — Duties And Powers Of Director.
Section 375.61 — Payrolls Approved By Director.
Section 375.62 — Civil Service And Merit System Relationships.
Section 375.63 — Veterans To Be Given Preference.
Section 375.64 — Collective Bargaining Relationships.
Section 375.65 — Personnel Board Of Appeals.
Section 375.66 — Duties Of Board Of Appeals.
Section 375.67 — Judicial Review.
Section 375.68 — Abolition Of System.
Section 375.69 — Appropriation By County Board.
Section 375.70 — Federal Aid For Manpower Services.
Section 375.71 — Protection Of Rights Under State And Federal Laws.
Section 375.72 — County Purchasing Department.
Section 375.73 — Duties Of Purchasing Department.
Section 375.74 — Director Of Purchasing; Employees.
Section 375.75 — Rules And Regulations.
Section 375.76 — Voidable Purchases, Contracts, And Sales.
Section 375.77 — Laws Not Affected.
Section 375.771 — Veteran-owned Small Business Contracts.
Section 375.78 — Aid To Poultry Associations.
Section 375.79 — Exhibits At State Fair.
Section 375.80 — Appointment Of Person To Supervise.
Section 375.81 — Appropriation; Bond.
Section 375.82 — Statement To Board.
Section 375.83 — Economic And Agricultural Development.
Section 375.84 — Prepay Software, Subscriptions, United States Documents.
Section 375.85 — Counties May Market Software Products.
Section 375.86 — Application Of Other Law.
Section 375.87 — Radio Systems For Public Safety Communications.