Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office:
(1) the death of the incumbent;
(2) the incumbent's resignation;
(3) the incumbent's removal;
(4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged;
(5) the incumbent's conviction of any infamous crime, or of any offense involving a violation of the official oath;
(6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed;
(7) the decision of a competent tribunal declaring the incumbent's election or appointment void;
(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived.
Notes of Decisions
State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014).
· cites it 169× “Because we conclude that a district court judgeship does not fall within the meaning of “local” office in Minn. Stat. § 351.02 (4), and, consequently, this portion of the statute does not apply to Judge Karasov, we affirm.”
State v. Irby, 820 N.W.2d 30 (Minn. Ct. App. 2012).
· cites it 14× “629, 632 (1915) (applying section 351.02 language to removal analysis regarding municipal court judge).”
Franzwa v. City of Hackensack, 567 F. Supp. 2d 1097 (D. Minnesota 2008).
· cites it 4× “Although Minnesota Statutes Section 351.02(4) does provide that the office of a public official becomes vacant when the incumbent ceases to be a resident of the city for which he was elected, the Section does not set forth any statutory protection that would support the…”
Dennis Walsh v. City of Orono, Minnesota (Minn. 2025).
· cites it 9× “See Minn. Stat. § 351.02 (2) (“Every office shall become vacant on the happening of either of the following events, before the 3 expiration of the term of such office: .”
Nelson v. Clysdale (D. Minnesota 2025).
· cites it 4× “Nelson also cited to Minn. Stat. § 351.02 and Minn. Stat. § 609.”
Op. Atty. Gen. 59a-30 (Minn. Att'y Gen. 1996).
· cites it 8× “Minn. Stat. §§ 351.02 , 351.14, 410.07, 410.”
— Minn. Stat. § 351.02(2) — 1 case
— Minn. Stat. § 351.02(4) — 3 cases
State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014).
“Because we conclude that a district court judgeship does not fall within the meaning of “local” office in Minn. Stat. § 351.02 (4), and, consequently, this portion of the statute does not apply to Judge Karasov, we affirm.”
State v. Irby, 820 N.W.2d 30 (Minn. Ct. App. 2012).
“629, 632 (1915) (applying section 351.02 language to removal analysis regarding municipal court judge).”
Franzwa v. City of Hackensack, 567 F. Supp. 2d 1097 (D. Minnesota 2008).
“Although Minnesota Statutes Section 351.02(4) does provide that the office of a public official becomes vacant when the incumbent ceases to be a resident of the city for which he was elected, the Section does not set forth any statutory protection that would support the…”
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