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HF2702 (Legislative Session 94 (2025-2026))

Candidate elected to the office of state senator or state representative permitted to resign the position prior to the commencement of the term for which the candidate was elected, and procedures established for the conduct of a special election in the event of an expected vacancy.

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to allow candidates who have been elected to the Minnesota State Senate or House of Representatives to resign before their term begins. It establishes a process to handle the resulting vacancies through special elections.

Main Provisions

  • Resignation Before Term Start: The bill permits a candidate elected to the position of state senator or state representative to resign before their term officially begins.

  • Special Election Process: If a resignation occurs, the governor is required to call a special election to fill the expected vacancy within five days of receiving the resignation notice.

  • Timing of Special Election: The special election must be held within 35 days following the issuance of the writ for the election, ensuring it aligns with existing public notice requirements.

  • Commencement of Duties: The person elected to fill the vacancy will assume office either when the term officially begins or immediately if the legislature is already in session.

Significant Changes to Existing Law

The bill adds a new provision to Minnesota Statutes section 204D.19, which previously did not address scenarios in which an elected official could resign before their term commences. This change provides a formal procedure for handling these early resignations and ensures continuity in representation through expedited special elections.

Relevant Terms

  • Resignation
  • Special election
  • Elected candidate
  • State senator
  • State representative
  • Vacancy
  • Commencement of term
  • Minnesota Statutes
  • Writ of election

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 23, 2025HouseFloorActionIntroduction and first reading, referred toElections Finance and Government Operations
March 25, 2025HouseFloorActionAuthor added
April 20, 2025HouseFloorActionAuthor added
April 20, 2025HouseFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Procedure for resignation of elected candidates before term starts.",
        "Requirement for a special election to be held within 35 days of resignation."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill amends section 204D.19 by adding provisions related to the resignation of a state senator or representative before term commencement.",
      "modified": [
        ""
      ]
    },
    "citation": "204D.19",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Clarification on notice requirements for special elections."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill amends the notification requirements for special elections under section 204D.22.",
      "modified": [
        "Aligns special election timing with notice requirements."
      ]
    },
    "citation": "204D.22",
    "subdivision": "subdivision 3"
  }
]

Sponsors