Minn. Stat. » CHAPTER 351. RESIGNATIONS, VACANCIES, REMOVALS
Minnesota Statutes

Minn. Stat. § 351.01 (2026)

Resignations

✓ current as of May 2026
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Subdivision 1.To whom made.

Resignations shall be made in writing signed by the resigning officer:

(1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy;

(2) By appointive officers, to the body, board, or officer appointing them, unless otherwise specially provided.

Subd. 2.When effective.

Except as provided by subdivision 3 or other express provision of law or charter to the contrary, a resignation is effective when it is received by the officer, body, or board authorized to receive it. In the case of a position appointed by the governor under section 15.0597, the resignation must be submitted to the governor.

Subd. 3.Contingent resignations prohibited; exception.

(a) Except as provided in paragraph (b), no resignation may be made to take effect upon the occurrence of a future contingency. Statements explaining the reasons for a resignation must not be considered to be contingencies unless expressly stated as contingencies.

(b) A resignation may be made expressly to take effect at a stated future date. Unless it is withdrawn as provided under subdivision 4, a resignation is effective at 12:01 a.m. on the stated date.

Subd. 4.Withdrawal of resignation.

A prospective resignation permitted by subdivision 3 may only be withdrawn by a written statement signed by the officer and submitted in the same manner as the resignation, and may only be withdrawn before it has been accepted by resolution of the body or board or before a written acceptance of the resignation by an officer authorized to receive it.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2025 · leading case: State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014).
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State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014). · cites it 4× “The court agrees, at least implicitly, that section 351.01(4) would apply if Judge Karasov had not merely moved out of her district but had moved her residence across Minnesota’s border to one of our neighboring states, in which case her office would have “become vacant.”
Minnesota Voters All., et al., Petitioners, Repub. Party of Minnesota, Petitioner, vs. Timothy Walz, in his ... (Minn. 2025). · cites it 6× ““Resignations” from office are governed by Minn. Stat. § 351.01 (2024), and that statute permits “incumbents of elective offices” to resign in writing “to the officer authorized by law .”
Dennis Walsh v. City of Orono, Minnesota (Minn. 2025). · cites it 2× “”); Minn. Stat. § 351.01 , subd. 2 (stating that “a resignation is effective when it is received by the officer, body, or board authorized to receive it”).”
Minn. Stat. § 351.01(4): 1 case
State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014). “The court agrees, at least implicitly, that section 351.01(4) would apply if Judge Karasov had not merely moved out of her district but had moved her residence across Minnesota’s border to one of our neighboring states, in which case her office would have “become vacant.”
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