SF1563 (Legislative Session 94 (2025-2026))
Vacancies in legislative offices establishment in certain circumstances
Related bill: HF1890
AI Generated Summary
Purpose
Provide a clear process for filling legislative vacancies in Minnesota in specific situations, by allowing the candidate who received the second-most votes in the most recent general election to take office automatically. This aims to avoid the need for a special election when a vacancy arises due to misconduct exposed by an election contest or due to ineligibility, and to clarify related contest timelines.
Main Provisions
Vacancy due to election contest and misconduct
- If a vacancy results from a successful election contest and the basis is candidate misconduct, the chief clerk of the House or the secretary of the Senate must notify the Secretary of State immediately.
- If no election contest is filed within two business days after notice, the Secretary of State must issue a certificate of election to the candidate who received the second-most votes in the most recent general election for that office, on the third day after receiving notice.
- Chapter 204D does not apply to this vacancy unless there is no other candidate from the most recent general election to take office.
Vacancy due to ineligibility or other disqualifications
- When the Minnesota Constitution (Article IV, Section 6) determines that a member is ineligible for one of the listed reasons, the body must declare a vacancy.
- The vacancy must be filled using the same “second-most votes” mechanism described above: the Secretary of State notifies the appropriate office, and if no contest is filed within two business days, a certificate is issued to the second-most-votes candidate from the last general election for that office (on the third day after notice).
- Chapter 204D does not apply here either, except in cases where there is no other candidate from the most recent general election to take office.
Definitions and scope
- The bill adds a specific vacancy mechanism to Minnesota Statutes by amending existing sections (209.021, 209.10, and 351.02) to cover these automatic replacements.
- It clarifies that vacancies can arise from death, resignation, removal, losing eligibility, or other listed grounds, and sets the rule for how to fill those vacancies when applicable.
How it changes Minnesota Law
- Introduces an automatic replacement rule for certain legislative vacancies by appointing the runner-up (second-most votes) from the most recent general election.
- Removes the default need for a special election in these scenarios, streamlining and speeding up the process to fill vacancies.
- Establishes specific timeframes for contests and for issuing a certificate of election:
- Contest window: typically two business days to file a contest after notice.
- Automatic replacement deadline: third day after notice if no contest is filed.
- Applies the same replacement rule to vacancies caused by misconduct identified through an election contest and to vacancies caused by ineligibility under constitutional rules.
Practical Impact
- Continuity of representation: reduces downtime in legislative offices by filling vacancies quickly with the next-in-line candidate.
- Fewer special elections: less administrative burden and cost compared to holding new elections for every vacancy.
- Clear deadlines: provides explicit timelines for when replacements occur if contests are not filed.
Relevant Terms - second-most votes - certificate of election - most recent general election - vacancy - election contest - candidate misconduct - Chapter 204D - Minnesota Constitution article IV section 6 - chief clerk of the House - secretary of the Senate - secretary of state - ineligible to hold office - oath of office - official bond - notice of contest - grounds for contest - filing deadlines (two business days, third day after notice)
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 17, 2025 | Senate | Action | Introduction and first reading | ||
| February 17, 2025 | Senate | Action | Referred to | Elections |
Citations
[
{
"analysis": {
"added": [
"Specifies service within five days after canvass for primary or special primary and within seven days after canvass for special or general elections.",
"Allows a contest based on a deliberate serious and material violation of the election laws that is discovered from campaign receipts and disbursements statements to be commenced within ten days after filing those statements.",
"Addresses scenarios where a contest questions only which party received the highest number of votes."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2024 section 209.021, subdivision 1 to set procedural standards for notices of election contests including how service and filing are to be timed and the grounds on which a contest may be based.",
"modified": [
"Clarifies grounds and timing for notices of contest and aligns service requirements with civil action summons standards."
]
},
"citation": "209.021",
"subdivision": "Subd. 1"
},
{
"analysis": {
"added": [
"Creates vacancy procedure where the chief clerk or secretary of the senate or house must notify the secretary of state of the vacancy if a contest is based on candidate misconduct.",
"Specifies that the secretary of state must issue a certificate of election to the candidate who received the second-most votes in the most recent general election after a two-business-day window if no contest is filed within that period."
],
"removed": [],
"summary": "Adds a new subdivision to Minnesota Statutes 2024 section 209.10 addressing vacancy procedures arising from a successful election contest based on candidate misconduct, including notification and replacement mechanisms.",
"modified": [
"Establishes new vacancy rules linked to election contests and second-place appointment."
]
},
"citation": "209.10",
"subdivision": ""
},
{
"analysis": {
"added": [
"Adds grounds for vacancy: ineligibility for office and violation of sections 10A.173 to 10A.177."
],
"removed": [],
"summary": "Amends Minnesota Statutes 351.02, Subdivision 1 (vacancies) to add two additional grounds for vacancy: (9) the incumbent found ineligible, and (10) a significant and material violation of sections 10A.173 to 10A.177.",
"modified": [
"Expands the enumerated grounds for vacancy in Subdivision 1."
]
},
"citation": "351.02",
"subdivision": "Subd. 1"
},
{
"analysis": {
"added": [
"Requires a process for filling vacancies by appointing or certifying the second-most votes candidate when appropriate, with timely notification to the secretary of state.",
"States that Chapter 204D does not apply to this subdivision except where there is no other candidate from the most recent general election to take office."
],
"removed": [],
"summary": "Filling legislative vacancies under Minnesota Statutes 351.02, Subdivision 2; provides the process to fill a vacancy after a determination of ineligibility or other vacancy circumstances mentioned in Subdivision 1, including notification and the certificate of election for the second-most votes in the most recent general election; clarifies Chapter 204D applicability.",
"modified": [
"Links vacancy filling to the second-most votes mechanism and narrows Chapter 204D applicability."
]
},
"citation": "351.02",
"subdivision": "Subd. 2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References Chapter 204D for vacancy processes; the bill specifies that Chapter 204D does not apply to the subdivision addressing vacancy in 351.02 except in limited circumstances.",
"modified": [
"Clarifies the relationship and applicability of Chapter 204D to the vacancy-filling provisions in 351.02 Subdivision 2."
]
},
"citation": "Chapter 204D",
"subdivision": ""
},
{
"analysis": {
"added": [
"Explicitly designates violations of 10A.173 to 10A.177 as potential grounds for vacancy."
],
"removed": [],
"summary": "Cites sections 10A.173 through 10A.177 (ethics provisions) as grounds for vacancy when applicable violations occur.",
"modified": []
},
"citation": "10A.173 to 10A.177",
"subdivision": ""
}
]Progress through the legislative process
In Committee