Minn. Stat. » CHAPTER 375. COUNTY BOARDS
Minnesota Statutes

Minn. Stat. § 375.08 (2026)

Board To Fill Vacancies In County Offices

✓ current as of May 2026
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(a) Except as provided in paragraph (b) or section 375.081, when a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board must fill it by appointment at a regular or special meeting. A person appointed to a vacancy pursuant to this paragraph must give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies.

(b) When a vacancy occurs in the office of sheriff or county attorney less than 84 days before the state primary in the year preceding the end of the term, the county board may fill the vacancy by appointment at a regular or special meeting. A person appointed to fill a vacancy pursuant to this paragraph serves only until the successor is elected. The person elected at the general election to the office for the ensuing term must take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.

(c) When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.

Notes of Decisions
Cited in 2 cases, 1958–1966 · leading case: State Ex Rel. Danielsen v. Tahash, 141 N.W.2d 390 (Minn. 1966).
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State Ex Rel. Danielsen v. Tahash, 141 N.W.2d 390 (Minn. 1966). “02, which provides for stay of execution and for service on the attorney general of the notice of appeal and the order staying proceedings, if any; § 375.08(1), which provides for a fee of $10 to be paid to the clerk of supreme court; and § 357.”
State Ex Rel. Hanson v. Mettler, 89 N.W.2d 168 (Minn. 1958). · cites it 2× “” 4 Should a vacancy occur in this board of education or should any member thereof refuse or be incapacitated to serve upon this board, the board of county commissioners shall fill such vacancy as provided in section 375.08.””
— Minn. Stat. § 375.08(1) — 1 case
State Ex Rel. Danielsen v. Tahash, 141 N.W.2d 390 (Minn. 1966). “02, which provides for stay of execution and for service on the attorney general of the notice of appeal and the order staying proceedings, if any; § 375.08(1), which provides for a fee of $10 to be paid to the clerk of supreme court; and § 357.”
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