SF1563

Purpose

Provide a clear process for filling legislative vacancies in Minnesota in specific situations, by allowing the candidate who received the second-most votes in the most recent general election to take office automatically. This aims to avoid the need for a special election when a vacancy arises due to misconduct exposed by an election contest or due to ineligibility, and to clarify related contest timelines.

Main Provisions

• Vacancy due to election contest and misconduct

  • If a vacancy results from a successful election contest and the basis is candidate misconduct, the chief clerk of the House or the secretary of the Senate must notify the Secretary of State immediately.
  • If no election contest is filed within two business days after notice, the Secretary of State must issue a certificate of election to the candidate who received the second-most votes in the most recent general election for that office, on the third day after receiving notice.
  • Chapter 204D does not apply to this vacancy unless there is no other candidate from the most recent general election to take office.

• Vacancy due to ineligibility or other disqualifications

  • When the Minnesota Constitution (Article IV, Section 6) determines that a member is ineligible for one of the listed reasons, the body must declare a vacancy.
  • The vacancy must be filled using the same “second-most votes” mechanism described above: the Secretary of State notifies the appropriate office, and if no contest is filed within two business days, a certificate is issued to the second-most-votes candidate from the last general election for that office (on the third day after notice).
  • Chapter 204D does not apply here either, except in cases where there is no other candidate from the most recent general election to take office.

• Definitions and scope

  • The bill adds a specific vacancy mechanism to Minnesota Statutes by amending existing sections (209.021, 209.10, and 351.02) to cover these automatic replacements.
  • It clarifies that vacancies can arise from death, resignation, removal, losing eligibility, or other listed grounds, and sets the rule for how to fill those vacancies when applicable.

How it changes Minnesota Law

• Introduces an automatic replacement rule for certain legislative vacancies by appointing the runner-up (second-most votes) from the most recent general election.
• Removes the default need for a special election in these scenarios, streamlining and speeding up the process to fill vacancies.
• Establishes specific timeframes for contests and for issuing a certificate of election:
  • Contest window: typically two business days to file a contest after notice.
  • Automatic replacement deadline: third day after notice if no contest is filed.
• Applies the same replacement rule to vacancies caused by misconduct identified through an election contest and to vacancies caused by ineligibility under constitutional rules.

Practical Impact

• Continuity of representation: reduces downtime in legislative offices by filling vacancies quickly with the next-in-line candidate.
• Fewer special elections: less administrative burden and cost compared to holding new elections for every vacancy.
• Clear deadlines: provides explicit timelines for when replacements occur if contests are not filed.

Relevant Terms - second-most votes - certificate of election - most recent general election - vacancy - election contest - candidate misconduct - Chapter 204D - Minnesota Constitution article IV section 6 - chief clerk of the House - secretary of the Senate - secretary of state - ineligible to hold office - oath of office - official bond - notice of contest - grounds for contest - filing deadlines (two business days, third day after notice)