|S.F. No. 278 - Vacancy in Office for United States Senator or Representative in Congress (As amended by the State and Local Government Operations and Oversight Subcommittee on Elections)|
|Author:||Senator Ann Rest|
|Prepared by:||Thomas S. Bottern, Senate Counsel (651/296-3810)|
|Date:||March 4, 2009|
Section 2 [United States Senate; Representative in Congress; Vacancy in Office.] provides a new procedure for filling the unexpired term of a United States Senator or Representative in Congress. Requires the Governor to issue a writ providing for a special election within five days after the vacancy occurs. Requires the special election be held on a Tuesday between 70 and 100 days after the writ has been issued. Provides that if there is a regularly scheduled state primary or general election within that time period, the special election must be held on that date. Incorporates the general provisions applicable to special elections. Specifies that if a special primary is required, it must be held no later than 45 days before the special election. Subdivision 2 provides that if the vacancy occurs after July 1 of the year preceding the year when the term expires, a special election will not be held. In that situation, the candidate elected at the state general election for that office will succeed to the remainder of the term immediately.
Section 3 [Special Elections; State Legislature.] makes conforming changes to existing special elections law to remove references to a vacancy in a congressional seat.
Section 4 [Repealer.] repeals existing law providing for vacancies in the United States Senate, including the authorization for the Governor to make a temporary appointment to fill any vacancy.
Section 5 [Effective Date.] makes the entire bill effective the day following final enactment.
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