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Patrick I. K,el,ly <br />Stephen Kelly <br />Page, P? <br />In <br />our opinion the person elected to fill the unlexp1red mayoral term is elipble to qualify, <br />and assume off-Ice upon receipt Of an election certificate, and the tenure of the appointee <br />terminates w,hen the elected person aliies, Mir. tat. § 412-02 sued. 2 and 2a. <br />(S�uPP. 199�9) provide inpertinent part: <br />Subd. 2. Term. Terms Of elective officers shall conunence on the first <br />Monday in January fol1owing the election at, which the officer is chosen. All <br />offic . ers chosien and qualified as such shall hol�d office until their successors <br />qual,ify,. <br />Subd. '."2a. Vacmey. Except as otherwise provided In subdivision 2b,' a, <br />vlacanicy in an office shall be filled by council appointment until an election is he <br />as provided �n this subdivision. In case of a tie vote in the council, the mayor <br />shall make, the appointment. If the vacancy occurs before the first day to file <br />affidavits o candidacy for the next regular city elect' <br />41 ., ion and more than two years <br />remain in the unexpired term, a special election shall be held at or before the next <br />regular city election and the appointed person shall serve until the quail' fication of <br />a successor elected at a, special elect-ion to fill. the unexpired plortion of the ter-m 3 <br />& 6 <br />Pursuant to subdivision the "'terms" of elective city offices begin on the first IN/londay of <br />January following election.' However, in the case of flilincr a vacancy, as here, I <br />the time of <br />I <br />Qualifying for public off-ice requires <br />(1998) and the taking of the loath of off-ice (See Minn. Stat. 358-05 <br />In, some ca-sels may require posting of'a bond. However, we are not a�vare of any <br />biondina requir,em,ent for the <br />2 mayor of a statutory city., <br />S u b <br />division. , "' 4- <br />11b pleri'ains to circurnstarices creating a potentially <br />subdivision would not apply here. temporary vacancy. That <br />T <br />.. n <br />ese. subdivisions�vere am.,nded in 1 999. Act ofd pril 207 19,991 ch. 75 § 22 1999 Minn. Laws <br />2-16-, Act of-Mav 7, 1999) ch. § 4-37 1999 -M` These am---ndmemts WhIC1,11 <br />,I- inn. T aws 5'0. 5 <br />t00.,% effect on August 1 1999 do not affect <br />4 4-11i 7 our opinion in this Mat[%-.,Z1r. <br />See also Minn. Const. art. %-711 § 7 which provides: <br />Sec.7 Official year of state. The official year for the state. of Minnesota <br />100mmerices on the rust " Monday in January of each "year and all terms of off-ice <br />(Footnote Continued On Next Page.) <br />