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Ir. Neal Beets November 7, 2003 Page cannot start less than 14 days after the vacancy is declared and is likely to start more than 14 days later because the official newspaper is not likely to publish the notice the same day the vacancy is decl aredt The first date for filing an affidavit of candidacy cannot be more than 7 days nor less than 56 days before the election. For a general election, the filing dates are set by statute and a potential candidate can anticipate the filing period. we believe the filin g period for a special election should be at least as long as that for a general election. In general elections, the City has had a 14 day filing period. we recommend that the City remain consistent and have a 14 day filing period for affidavits of candidacy for a special election. Under Minnesota Statute §205.16, a city must notify the counter auditor of the date and offices to be voted on at an election and the language for the ballot at least 49 days before the election. City Code Section 103.01 currently requires that a primary election be held 1w1henever there are candidates for election to municipal office ... in excess of ` two (2) for each office o f council..." This section sets the date for the primary as the first Tuesday after the second Monday in September prior to the general election. This time f range makes it impossible to hold a special election to fill a vacancy other than in conjunction with the general election. Therefore, we have also enclosed an amendment to Code Section 103.01. This amendment reflects our above - stated assumption that the Council wants to have a consistent election procedure. Applying the above recommendations to a vacancy created when Councilmember Klausing becomes Mayor, the earliest date a pnmary election could practically be held is approximately April 6, 2004, and the special election would then be approximately 49 days later on or about May 25, 2004. In the event there are two or fewer candidates that file for the office, or no primary is desired by the Council, then the special election itself would be approximately April 6, 2004. Even if the Council adopts an ordinance requiring a special election to fill a Council vacancy, the Council must still appoint a person to fill the vacancy until the special election is held and the winner takes the oath of office. The language of Minnesota Statute §412.02, suhd. a is mandatory: it states that a vacancy in an office shall be filled by appointment until an election is held..." (emphasis added). This means that the process outlined in the September 9, 2003 letter to Councilmember Schroeder would still have to be followed. In conducting research regarding special elections to fill council vacancies, we attempted to determine what other cities may have adopted an ordinance with such a requirement. we have not been able to identify any cities that have an ordinance requirin g a special election other than in connection with a regularly scheduled city election. we have found that the cities of Minneapolis, Mankato and Rochester have charter requirements that a special election be called outside a regular election to fill a council vacancy. Each of ` these cites requires a special primary election when there are more than two candidates to fill a vacancy. Because they are each a charter city, they can differ from some state statutes