Updated by Angie Storlie

NOTE: This is Part Two in a two-part series.

As described in the Letter of the Law column in the May-June 2024 issue of Minnesota Cities magazine, keeping track of how many votes are required for various kinds of council actions can be confusing enough. But what if there is a vacancy, an absent council member, an abstention, or a council member who is disqualified due to a conflict of interest?

Remember, when counting votes, you must carefully review the exact wording of the statute. Some statutes require a proportion of the council members who are present at a meeting, like two-thirds or four-fifths. Other statutes require a specific number of votes regardless of how many members are actually present. You must also consider your city’s form of government.

Vacancies and quorum. According to the Minnesota attorney general, a vacancy temporarily reduces the size of the council. In statutory cities, and frequently in charter cities, a quorum is a majority of all the members of the council. On a five-member statutory city council, a quorum is three members. With one vacancy, a quorum is still three because a majority of four is three. In the unlikely event that there are two vacancies, the number needed for a quorum drops to two. In some charter cities, the charter sets a specific number of members necessary for a quorum and determines whether a vacancy changes that requirement.

Vacancies and voting. Because a vacancy temporarily reduces the size of the council, the number of votes needed to pass an action must be closely examined when there is a vacancy. By way of illustration, it takes a two-thirds vote of all members of the council to change a zoning classification from residential to either commercial or industrial. With a five-member council, this means four votes (2/3 X 5 = 3.3 rounded up to four). If there is a vacancy, however, the required number of votes drops to three (2/3 X 4 = 2.6 rounded up to three). In most cases, charter cities also follow this general rule.

Absences. Unlike a vacancy on the council, the absence of a council member from a meeting does not affect the number of votes needed. For example, state law requires a two-thirds vote of all members of the council to pass a resolution adopting or amending a comprehensive plan. In a statutory city with a five-member council, that is four votes. If one member is absent and only four are present, it still takes four affirmative votes to adopt or amend a comprehensive plan.

Absences may, however, affect the number of votes required, where the statutes or charter do not require a particular number or portion of votes. The general rule is that if a quorum is present, and no law requires otherwise, a majority of the quorum can pass any action. For example, consider a statutory city with a five-member council and no vacancies. If two members are absent from a meeting, the remaining three constitute a quorum. Two “yes” votes are sufficient to pass an ordinary motion. By contrast, if all five members are present, it would take at least three “yes” votes to pass that same motion.

Abstentions. Sometimes a council member will choose not to vote, or abstain, on a matter before the council. (Abstaining because of a personal interest in an issue will be discussed subsequently.) An abstention does not reduce the number of votes needed if the statutes require the affirmative votes of a specific number or proportion of the council. For instance, in a statutory city with a five-member council, the law requires a majority vote of all members of the council to pass an ordinance, which is three votes. Two “yes” votes and three abstentions are not enough because that is not a majority of all members of the five-member council. However, if the law requires only a simple majority vote, a motion is passed if a majority of those voting on it vote in favor. For example, two “yes” votes and one “no” vote plus two abstentions would be enough to pass an ordinary motion or resolution before a five-member statutory city council.

Disqualification from voting. Under certain circumstances, a council member who has a personal interest in a matter before the council is disqualified from voting on that matter and probably should not take part in any way in the proceedings. According to the Minnesota attorney general, when a council member is disqualified from voting, the effect is the same as if there were a vacancy on the council. The rationale for this general rule is that if a person can neither vote nor participate in the discussions or other proceedings, then that person really cannot function as part of the council for that particular issue.

Vacancies, absences, abstentions, and disqualifications present complications when counting votes on city council actions. Cities should consult their city attorney for legal advice on specific questions related to counting votes on council actions.

Angie Storlie is research analyst with the League of Minnesota Cities. Contact: [email protected] or (651) 215-4176.

Correction: The May-June Letter of the Law column “Counting the Votes on Council Actions Part One,” indicated that under certain circumstances a city can sell bonds for street reconstruction without holding an election if approved by a unanimous council vote. Instead, it takes a two-thirds vote of all members of the council to approve this type of bond sale.

This article originally appeared in the February 1990 and May 2006 issues of Minnesota Cities magazine.