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Patrick]. Keill <br />Stephen Kelly <br />Pacre 3. <br />CA I <br />corn-menciernient of the A.L term" of of is not at issue. There is no question that the term of the <br />office of mayor conune,n,ced in January of 1998 and wfill end ' J an u of 2002. e election <br />in arY Th <br />held, in November of 19919 was to choose someone to serve for the remainder of that . term. <br />Therefore, the January date has no special significance in these circumstances. By the to of <br />s u 'division 2a qu <br />, the appointed mayor may only serve until alification of the successor elected to <br />, <br />fill the remainder- of the term. There would seem no Impediment to the person recently elected <br />taking the oath and ass 'no office at any time after re * " <br />ceing a certificate of election. <br />While Nve are aware of no previous Opinions directly addressing this question as applied <br />to Minn. tat. § 412.012, sued.; 2a, this conclusion is consistent with a number of previous <br />opin-ioris that have construed similar statutory language as applied to vacancies in other offices. <br />See . eg., Ops. Atty. Gen. 161 -A-25 . Febmary 6, 1958 (school board); 126H, September 2 <br />1950 <br />and November, 8, 1 2 (county board and 371-A-5 <br />October 21, 1944 (railroad and warehouse <br />comnlission). The September 2, 1950 opinion acknowliedcred. that some prev* <br />Z� IOUs opiruons had <br />reached a different conclusion. However it noted that." <br />The opinions contrary to this view have been based uporl the provision in <br />Art. 7,, Sec. 9 of the State Constitution, that all, terms of off-ice shall terminate on <br />t�he first Monday in January of each year. It appears clear to us that this applIes <br />only to the statutory term for wh'ch officers are elec�ted and does not apply to <br />vacancies which, are filled pending. an election for an UnexPirecl term of office. <br />i <br />Thus, the previous inconsistent opinions Nvere reversed', <br />t,ermi.nate at that tine. The creneTal elect' <br />Z: ion shall be hel,d on the first Tuesday after <br />the first NNIonday in November in each even numb't.-ne-d vea- <br />"..,/ Ir <br />