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Navigating Election Season
Election season is in full swing, and city staff are diligently preparing for the upcoming Election Day. Preparation may seem daunting, but the League is here to aid Minnesota cities and answer their election questions.
The League’s Research Team has answered 12 frequently asked questions regarding elections, and will continue to serve as a resource for member cities before, during, and after election season.
The following information is most relevant to statutory cities. Home rule cities should consult their city charter to determine whether these procedures are directly applicable.
If we are a mail ballot precinct, do we still have to hold a canvassing board meeting?
Yes, a canvassing board meeting is required to officially declare the election results. This requirement applies to elections conducted by mail.
Can council members who were on the ballot serve on the canvass board?
Statute provides that the council must meet as the canvassing board and declare the results of the election.
How do we break a tie?
If the election results in a tie, the winner should be determined by lot (such as drawing names or flipping a coin) in the presence of the council acting as the canvassing board. A tie for write-in votes is resolved in the same way as a tie for non-write-in candidates.
Do we need to determine a write-in candidate’s intent to accept or decline the seat before canvassing results?
No, it is not necessary to determine a write-in candidate’s intent to accept or decline the seat before canvassing and declaring the results.
Who issues the certificate of election and when should that be done?
Certificates of election should be issued by the city clerk to each successful candidate after the canvassing board has declared the election results and the time for contesting the election has passed. If the election is contested, the certificate is issued once the court has determined the outcome.
No one filed for one or more of our open offices, now what?
If you have a situation where no one files for an open seat, someone could still be elected by write-in. The canvassing board should proceed with canvassing the election results as required and the clerk should issue a certificate of election to the winning candidate.
What if the winning candidate does not accept the position?
Statute provides a vacancy occurs when an elected official fails to qualify for office and the existing council member continues to hold office until their successor qualifies. If the winning candidate does not accept the position, the council should declare the seat vacant and follow the usual process for filling a vacancy.
What if an existing council member is elected as mayor?
If the council member accepts the mayoral seat, the resulting vacancy of the council seat should be filled following the usual process.
When a vacancy occurs, do we have to post it for a certain number of days? What is the application process?
There is no statutory guidance regarding posting a vacancy or advertising for applicants. It is recommended that the council adopt a resolution declaring the vacancy. The city may determine how best to advertise the vacancy. Common practice is to post the information in the same locations as the city posts other public notices. Many cities ask for applications or letters of interest for the council to consider.
When filling a vacancy, is the city obligated to offer the position to any “losing” candidates from the most recent election?
No, the city is not obligated to offer the vacancy to any losing candidates from the most recent election. The council may appoint any individual who is eligible for election to that office.
What if when filling a vacancy, there is a tie vote of the council on who to appoint?
If the council is tied on a vote to fill a vacancy, the mayor makes the appointment.
What happens if there are multiple vacant seats?
Each vacancy should be declared and filled in the usual manner. In the meantime, a vacancy temporarily reduces the size of the council. One vacancy on a five-member council would not reduce the number of members needed to achieve a quorum (since both a majority of five and a majority of four is three).
However, if there were two vacancies on a five-member council, the council would consist of three members and a majority of the council would be two members. For actions that require approval by a specified portion of the council, the required number of votes is calculated using the current number of seats that are filled.
Resources
Handbook, Elected Officials and Council Structure and Role
LMC model resolution, Accepting Councilmember Resignation and Declaring a Vacancy