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HF1890 (Legislative Session 94 (2025-2026))

Legislative office vacancies established, second-most vote getter at an election provided to take office in legislative offices, and special elections specified to not require to fill legislative vacancies.

Related bill: SF1563

AI Generated Summary

This bill proposes changes to Minnesota's election laws regarding legislative vacancies. Key provisions include:

  1. Legislative Vacancies Due to Misconduct: If a vacancy occurs due to a successful election contest based on candidate misconduct, the position will not be filled through a special election. Instead, the candidate who received the second-most votes in the most recent general election will automatically take office after a brief waiting period.

  2. Automatic Vacancy Declaration: A legislative seat will be considered vacant if an incumbent is found ineligible due to various reasons, including:

    • Death, resignation, or removal.
    • Relocation outside the required district.
    • Conviction of a crime involving a violation of their official oath.
    • Failure to take the oath of office.
    • A legal ruling invalidating their election or appointment.
    • Violations of campaign finance laws (referencing Minnesota Statutes 10A.173 to 10A.177).

  3. Procedure for Filling Legislative Vacancies:

    • If a vacancy is declared, the chief clerk of the House or secretary of the Senate must notify the Secretary of State.
    • If no election contest is filed within two business days, the Secretary of State will certify the candidate with the second-most votes from the last general election as the new officeholder.
    • If no runner-up is available, existing laws governing special elections would apply.

The goal of this bill is to streamline the process of filling legislative vacancies, particularly in cases involving misconduct, by utilizing the results of the most recent election rather than holding a special election.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 04, 2025HouseFloorActionIntroduction and first reading, referred toElections Finance and Government Operations
March 04, 2025HouseFloorActionIntroduction and first reading, referred toElections Finance and Government Operations

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill amends the procedures for contesting an election under section 209.021.",
      "modified": [
        "Specifies new timelines for contesting elections and filing under specific circumstances."
      ]
    },
    "citation": "209.021",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Procedure for filling a vacancy when an election contest results from candidate misconduct."
      ],
      "removed": [],
      "summary": "A new subdivision is added to section 209.10 regarding filling vacancies.",
      "modified": []
    },
    "citation": "209.10",
    "subdivision": "subdivision 5a"
  },
  {
    "analysis": {
      "added": [
        "Condition that a candidate or incumbent found violating sections 10A.173 to 10A.177 results in a vacancy."
      ],
      "removed": [],
      "summary": "This bill amends the conditions under which public office vacancies occur.",
      "modified": []
    },
    "citation": "351.02",
    "subdivision": ""
  }
]

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