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Weber’s name to stay on ballot

By Staff | Sep 5, 2010

Mike Weber

Despite resigning from office, a former Wells councilman’s name will appear on the November general election ballot.

Mike Weber was caught off guard when he heard the news Wednesday he’ll be listed with the other three candidates vying for two council seats.

“I’m surprised. I haven’t had any time to think about it,” he says. “I’m just trying to move on and put everything behind me.”

Weber has good reason to be taken by the latest development.

Afterall, a letter dated Aug. 24 to fellow councilmembers and other officials indicated he was stepping down because his property was being de-annexed as part of a settlement involving pending litigation with the city.

“Since I am no longer a city resident, I am no longer eligible to serve as a city council member,” Weber wrote. “Thus, I am resigning at this time, and I am withdrawing from the upcoming election.”

City officials forwarded the letter to Faribault County Auditor/Treasurer John Thompson to request Weber’s name by kept off the ballot.

However, Thompson sought the legal advice of County Attorney Brian Roverud before taking any action.

“Common sense says his name shouldn’t be on the ballot, but the law doesn’t read that way,” says Thompson. “Logically we have the time to take his name off the ballot, but the process isn’t in place to do it.”

A non-resident may file to run provided they become a resident of the city 30 days prior to the election.

Roverud says state election statute is “quite clear” in how a person withdraws their candidacy.

Under state law, a person has 48 hours following the filing deadline to file an “affidavit of withdrawal.” In this case, that would have been Aug. 19.

“He (Weber) has to take action or the city to have his name removed. In my opinion, that would require a court order,” Roverud says.