Minnesota Legislature
HF 729
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/17/2017 05:26pm
Current Version - 1st Engrossment
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A bill for an act
relating to elections; making technical and policy changes to provisions related to
the administration of elections; providing uniform special election dates; changing
the date of the state primary from August to June; changing the date of primary
elections conducted by a political subdivision in certain circumstances; authorizing
the appointment of certain county offices; amending Minnesota Statutes 2016,
sections 103B.545, subdivision 2; 123A.46, subdivision 12; 123B.09, subdivision
5b; 123B.63, subdivision 3; 126C.17, subdivision 11; 128D.05, subdivision 2;
201.121, subdivision 1; 201.225, subdivision 2; 203B.081, subdivision 3; 204B.09,
subdivision 3; 204B.13, subdivision 1; 204B.14, subdivision 2; 204B.16,
subdivision 1a; 204B.21; 204B.31, subdivision 2; 204C.32, subdivision 2; 204C.33,
subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28,
subdivision 5; 205.065, subdivisions 1, 2, 5; 205.07, subdivisions 1, 3; 205.10, by
adding a subdivision; 205A.03, subdivisions 1, 2; 205A.05, subdivisions 1, 2, by
adding a subdivision; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61,
subdivision 5; 206.82, subdivision 2; 208.04, subdivision 1; 211B.11, subdivision
1; 216B.46; 365A.06, subdivision 2; 367.33, subdivision 1; 375.08; 375.101,
subdivision 1; 375B.07, subdivision 2; 375B.10; 382.01; 382.02; 383B.031,
subdivision 1; 383E.24, subdivision 7; 410.10, subdivision 1; 447.32, subdivision
2; 475.59; proposing coding for new law in Minnesota Statutes, chapters 204B;
375A; repealing Minnesota Statutes 2016, section 205.10, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTION ADMINISTRATION
Section 1.
Minnesota Statutes 2016, section 123B.09, subdivision 5b, is amended to read:
Subd. 5b.
Appointments to fill vacancies; special elections.
(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph (b). If the appointment becomes effective, it shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
A special election to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy. If the vacancy occurs less than 90 days
prior to the first Tuesday after the first Monday in November in the year in which the vacancy
occurs, the special election must be held no later than the first Tuesday after the first Monday
in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of the term, no
special election is required.new text begin If the vacancy is filled by a special election, the person elected
at that election for the ensuing term shall take office immediately after receiving the
certificate of election, filing the bond, and taking the oath of office.
new text end
(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).
Sec. 2.
Minnesota Statutes 2016, section 201.121, subdivision 1, is amended to read:
Subdivision 1.
Entry of registration information.
(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide registration system. Voter registration applications completed before election day
must be entered into the statewide registration system within ten days after they have been
submitted to the county auditor. Voter registration applications completed on election day
must be entered into the statewide registration system within 42 days after the election,
unless the county auditor notifies the secretary of state before the deleted text begin 42-daydeleted text end deadline has
expired that the deadline will not be met.new text begin Upon receipt of a notification under this paragraph,
the secretary of state must extend the deadline for that county auditor by an additional 28
days. The secretary of state may waive a county's obligations under this paragraph if, on
good cause shown, the county demonstrates its permanent inability to comply.
new text end
new text begin
The secretary of state must post data on each county's compliance with this paragraph on
the secretary of state's Web site including, as applicable, the date each county fully complied
or the deadline by which a county's compliance must be complete.
new text end
(b) Upon receiving a completed voter registration application, the secretary of state may
electronically transmit the information on the application to the appropriate county auditor
as soon as possible for review by the county auditor before final entry into the statewide
registration system. The secretary of state may mail the voter registration application to the
county auditor.
(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database.
(d) The secretary of state shall provide a report to the county auditor on a weekly basis
that includes a list of voters whose name, date of birth, or identification number have been
compared with the same information in the Department of Public Safety database and cannot
be verified as provided in this subdivision. The report must list separately those voters who
have submitted a voter registration application by mail and have not voted in a federal
election in this state.
(e) The county auditor shall compile a list of voters for whom the county auditor and
the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
relate to the same person.
(f) The county auditor shall send a notice of incomplete registration to any voter whose
name appears on the list and change the voter's status to "incomplete." A voter who receives
a notice of incomplete registration from the county auditor may either provide the information
required to complete the registration at least 21 days before the next election or at the polling
place on election day.
Sec. 3.
Minnesota Statutes 2016, section 201.225, subdivision 2, is amended to read:
Subd. 2.
Technology requirements.
An electronic roster must:
(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;
(2) allow for data to be exported in a file format prescribed by the secretary of state;
(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voter. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, deleted text begin ordeleted text end a combination of bothnew text begin , or an electronic record that the voter signs electronically
and is printed following its completion at the polling placenew text end ;
(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;
(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;
(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;
(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter resides in a different precinct;
(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;
(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oathnew text begin ,
or an electronic record that the voter signs electronically and is printed following its
completion at the polling placenew text end ;
(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;
(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;
(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Office of MN.IT Services;
(13) be capable of providing a voter's correct polling place; and
(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.
Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).
Sec. 4.
Minnesota Statutes 2016, section 203B.081, subdivision 3, is amended to read:
Subd. 3.
Alternative procedure.
(a) The county auditor may make available a ballot
counter and ballot box for use by the voters deleted text begin during the seven days before the electiondeleted text end . If a
ballot counter and ballot box is provided, a voter must be given the option either (1) to vote
using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner
provided in this subdivision.new text begin When providing these options, the county auditor must inform
the voter that choosing to cast an absentee ballot in the manner provided in this subdivision
prohibits the voter from submitting a replacement absentee ballot at a later date.
new text end
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's name, address, and date of birth to the county auditor or municipal clerk.
The voter shall sign a voter's certificate, which must include the voter's name, identification
number, and the certification required by section 201.071, subdivision 1.new text begin The certificate
must also include the following statement: "I understand that my absentee ballot will be
counted as cast today, and that I cannot submit a replacement absentee ballot to change my
votes at a later date."new text end The signature of an individual on the voter's certificate and the issuance
of a ballot to the individual is evidence of the intent of the individual to vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by the county
auditor, municipal clerk, or a deputy of the auditor or clerk.
Sec. 5.
Minnesota Statutes 2016, section 204B.09, subdivision 3, is amended to read:
Subd. 3.
Write-in candidates.
(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request.new text begin No written request shall be accepted later than 5:00 p.m. on
the last day for filing a written request.
new text end
(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.
(c) A candidate for governor who files a request under this subdivision must include the
name of a candidate for lieutenant governor.
Sec. 6.
Minnesota Statutes 2016, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
Partisan office.
(a) A vacancy in nomination for a partisan office must
be filled in the manner provided by this section. A vacancy in nomination exists for a partisan
office when a major political party candidate who has been nominated in accordance with
section 204D.03, subdivision 3, or 204D.10, subdivision 1:
(1) dies;
(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least
one day prior to the general election with the same official who received the affidavit of
candidacy; or
(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to
a court order issued under section 204B.44.
(b) An affidavit of withdrawal filed under paragraph (a), clause deleted text begin (3)deleted text end new text begin (2)new text end , must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at least
two licensed physicians. The affidavit and certificate may be filed by the candidate or the
candidate's legal guardian.
Sec. 7.
Minnesota Statutes 2016, section 204B.16, subdivision 1a, is amended to read:
Subd. 1a.
Notice to voters.
If the location of a polling place has been changed, the
governing body establishing the polling place shall send to every affected household with
at least one registered voter in the precinct a nonforwardable mailed notice stating the
location of the new polling place at least 25 days before the next election. The secretary of
state shall prepare a sample of this notice. A notice that is returned as undeliverable must
be forwarded immediately to the county auditor. This subdivision does not apply to a polling
place location that is changed on election day under section deleted text begin 204B.17deleted text end new text begin 204B.175new text end .
Sec. 8.
Minnesota Statutes 2016, section 204B.21, is amended to read:
204B.21 APPOINTMENT OF ELECTION JUDGES.
Subdivision 1.
Appointment lists; duties of political parties and secretary of state.
On May 1 in a year in which there is an election for a partisan political office, each major
political party shall prepare a list of eligible voters to act as election judges in each election
precinct.new text begin The list provided by the party must indicate which eligible voters are willing to
travel to a precinct outside of their home jurisdiction to act as an election judge, and the
jurisdictions to which each eligible voter is willing to travel for that purpose.new text end The political
parties shall furnish the lists electronically to the secretary of state, in a format specified by
the secretary of state. The secretary of state must combine the data received from each
political party under this subdivision and must process the data to locate the precinct in
which the address provided for each potential election judge is located. If the data submitted
by a political party is insufficient for the secretary of state to locate the proper precinct, the
associated name must not appear in any list forwarded to an appointing authority under this
subdivision. The secretary of state shall notify political parties of any proposed election
judges with addresses that could not be located in a precinct.
By May 15, the secretary of state shall furnish electronically to the county auditor a list
of the appropriate names for each election precinct in the jurisdiction of the appointing
authority, new text begin and a list of the names of individuals residing outside of the jurisdiction who
indicated a willingness to travel to that jurisdiction to act as an election judge, new text end noting the
political party affiliation of each individual on the list. The county auditor must promptly
forward the appropriate names to the appropriate municipal clerk.
Subd. 2.
Appointing authority; powers and duties.
Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from deleted text begin listsdeleted text end new text begin the list of voters who reside in each precinct,new text end furnished
pursuant to subdivision 1new text begin ,new text end subject to the eligibility requirements and other qualifications
established or authorized under section 204B.19. At least two election judges in each precinct
must be affiliated with different major political parties. If no lists have been furnished or if
additional election judges are required after all listed names in that municipality have been
exhausted, the appointing authority may appoint other individuals who meet the qualifications
to serve as an election judge, including persons new text begin on the list furnished pursuant to subdivision
1 who indicated a willingness to travel to the municipality, and persons new text end who are not affiliated
with a major political party. The appointments shall be made at least 25 days before the
election at which the election judges will serve, except that the appointing authority may
pass a resolution authorizing the appointment of additional election judges within the 25
days before the election if the appointing authority determines that additional election judges
will be required.
Sec. 9.
Minnesota Statutes 2016, section 204B.31, subdivision 2, is amended to read:
Subd. 2.
Volunteer servicenew text begin ; election judge travelnew text end .
new text begin (a) new text end Any person appointed to serve
as an election judge may elect to serve without payment by submitting a written statement
to the appropriate governing body no later than ten days before the election.
new text begin
(b) Subdivision 1 does not require the payment of mileage or other travel expenses to
an election judge residing in another jurisdiction, if the election judge's name was included
on the list of individuals who indicated a willingness to travel to another jurisdiction provided
under section 204B.21, subdivision 1.
new text end
Sec. 10.
new text begin
[204B.49] "I VOTED" STICKERS.
new text end
new text begin
The secretary of state, county auditor, municipal clerk, school district clerk, or an election
judge may provide a sticker containing the words "I VOTED," and nothing more, to an
individual who:
new text end
new text begin
(1) has successfully deposited a ballot into a ballot box, under section 203B.081,
subdivision 3, or 204C.13, subdivision 5;
new text end
new text begin
(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21,
subdivision 2; or
new text end
new text begin
(3) is provided a ballot by mail under section 204B.45 or 204B.46.
new text end
Sec. 11.
Minnesota Statutes 2016, section 204C.32, subdivision 2, is amended to read:
Subd. 2.
State canvass.
The State Canvassing Board shall meet deleted text begin at the secretary of state's
officedeleted text end new text begin at a public meeting space located in the Capitol complex areanew text end seven days after the
state primary to canvass the certified copies of the county canvassing board reports received
from the county auditors. Immediately after the canvassing board declares the results, the
secretary of state shall certify the names of the nominees to the county auditors. The secretary
of state shall mail to each nominee a notice of nomination.
Sec. 12.
Minnesota Statutes 2016, section 204C.33, subdivision 3, is amended to read:
Subd. 3.
State canvass.
The State Canvassing Board shall meet deleted text begin at the secretary of state's
officedeleted text end new text begin at a public meeting space located in the Capitol complex areanew text end on the third Tuesday
following the state general election to canvass the certified copies of the county canvassing
board reports received from the county auditors and shall prepare a report that states:
deleted text begin (a)deleted text end new text begin (1)new text end the number of individuals voting in the state and in each county;
deleted text begin (b)deleted text end new text begin (2)new text end the number of votes received by each of the candidates, specifying the counties
in which they were cast; and
deleted text begin (c)deleted text end new text begin (3)new text end the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.
All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.
Sec. 13.
Minnesota Statutes 2016, section 205.065, subdivision 5, is amended to read:
Subd. 5.
Results.
deleted text begin (a)deleted text end The municipal primary shall be conducted and the returns made
in the manner provided for the state primary so far as practicable. deleted text begin If the primary is conducted:
deleted text end
deleted text begin (1) only within that municipality, adeleted text end new text begin The new text end canvass may be conducted on either the second
or third day after the primarydeleted text begin ; or
deleted text end
deleted text begin (2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b)deleted text end .
The governing body of the municipality shall canvass the returns, and the two candidates
for each office who receive the highest number of votes, or a number of candidates equal
to twice the number of individuals to be elected to the office, who receive the highest number
of votes, shall be the nominees for the office named. Their names shall be certified to the
municipal clerk who shall place them on the municipal general election ballot without
partisan designation and without payment of an additional fee.
deleted text begin
(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass
may be conducted on the second day after the primary if the county auditor of each county
in which the municipality is located agrees to administratively review the municipality's
primary voting statistics for accuracy and completeness within a time that permits the canvass
to be conducted on that day.
deleted text end
Sec. 14.
Minnesota Statutes 2016, section 205.07, subdivision 1, is amended to read:
Subdivision 1.
Date of election.
The municipal general election in each city shall be
held on the first Tuesday after the first Monday in November in every even-numbered year.
Notwithstanding any provision of law to the contrary and subject to the provisions of this
section, the governing body of a city may, by ordinance passed at a regular meeting held
deleted text begin before June 1 of any year, elect todeleted text end new text begin at least 180 calendar days before the first day to file for
candidacy in the next municipal election, decide tonew text end hold the election on the first Tuesday
after the first Monday in November in deleted text begin eachdeleted text end new text begin either an even- or new text end odd-numbered year. A city
may hold elections in either the even-numbered year or the odd-numbered year, but not
both. When a city changes its elections from one year to another, and does not provide for
the expiration of terms by ordinance, the term of an incumbent expiring at a time when no
municipal election is held in the months immediately prior to expiration is extended until
the date for taking office following the next scheduled municipal election. If the change
results in having three council members to be elected at a succeeding election, the two
individuals receiving the highest vote shall serve for terms of four years and the individual
receiving the third highest number of votes shall serve for a term of two years. To provide
an orderly transition to the odd or even year election plan, the governing body of the city
may adopt supplementary ordinances regulating initial elections and officers to be chosen
at the elections and shortening or lengthening the terms of incumbents and those elected at
the initial election. The term of office for the mayor may be either two or four years. The
term of office of council members is four years. Whenever the time of the municipal election
is changed, the city clerk immediately shall notify in writing the county auditor and secretary
of state of the change of date. Thereafter the municipal general election shall be held on the
first Tuesday after the first Monday in November in each odd-numbered or even-numbered
year until the ordinance is revoked and notification of the change is made. A municipal
general election scheduled to be held in an odd-numbered year may be postponed for
inclement weather as provided in section 205.105.
Sec. 15.
Minnesota Statutes 2016, section 205A.05, subdivision 2, is amended to read:
Subd. 2.
Vacancies in school district offices.
Special elections to fill vacancies in
elective school district offices shall be held in school districts pursuant to section deleted text begin 123B.095deleted text end new text begin
123B.09new text end . When more than one vacancy exists in an office elected at-large, voters must be
instructed to vote for up to the number of vacancies to be filled.
Sec. 16.
Minnesota Statutes 2016, section 208.04, subdivision 1, is amended to read:
Subdivision 1.
Form of presidential ballots.
When presidential electors and alternates
are to be voted for, a vote cast for the party candidates for president and vice president shall
be deemed a vote for that party's electors and alternates as filed with the secretary of state.
The secretary of state shall certify the names of all duly nominated presidential and vice
presidential candidates to the county auditors of the counties of the state. Each county
auditor, subject to the rules of the secretary of state, shall cause the names of the candidates
of each major political party and the candidates nominated by petition to be deleted text begin printed in capital
letters,deleted text end set in type of the same size and style as for candidates on the state general election
ballot, before the party designation. To the left of, and on the same line with the names of
the candidates for president and vice president, near the margin, shall be placed deleted text begin a square or
boxdeleted text end new text begin an oval or similar target shapenew text end , in which the voters may indicate their choice deleted text begin by marking
an "X."deleted text end new text begin .
new text end
The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with the
required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
Sec. 17.
Minnesota Statutes 2016, section 211B.11, subdivision 1, is amended to read:
Subdivision 1.
Soliciting near polling places.
A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated, or
anywhere on the public property on which a polling place is situated, on primary or election
day to vote for or refrain from voting for a candidate or ballot question. A person may not
provide political badges, political buttons, or other political insignia to be worn at or about
the polling place on the day of a primary or election. A political badge, political button, or
other political insignia may not be worn at or about the polling place on primary or election
day. This section applies to areas established by the county auditor or municipal clerk for
absentee voting as provided in chapter 203B.
deleted text begin The secretary of state, county auditor, municipal clerk, or school district clerk may
provide stickers which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place roster or voter
signature certificatedeleted text end new text begin Nothing in this subdivision prohibits the distribution of "I VOTED"
stickers as provided in section 204B.49new text end .
ARTICLE 2
UNIFORM SPECIAL ELECTIONS
Section 1.
Minnesota Statutes 2016, section 103B.545, subdivision 2, is amended to read:
Subd. 2.
Election.
The county board or joint county authority shall conduct a special
election deleted text begin in July or August after receiving the referendum petitiondeleted text end new text begin on a date authorized in
section 205.10, subdivision 3anew text end . The special election must be held within the proposed lake
improvement district. The county auditor shall administer the special election.
Sec. 2.
Minnesota Statutes 2016, section 123A.46, subdivision 12, is amended to read:
Subd. 12.
Election date.
If an election is required under subdivision 11, then before the
expiration of a 45 day period after the date of the order for dissolution and attachment, the
auditor shall set a date and call the election by filing a written order for the election and
serving a copy of the order personally or by mail on the clerk of the district in which the
election is to be held. The deleted text begin date shall be not less than 15 nor more than 30 days after the date
of the order, upon which date adeleted text end special election shall be held in the district proposed for
dissolutionnew text begin and must be held on a date authorized in section 205A.05, subdivision 1anew text end . The
auditor shall post and publish notice of the election according to law. Upon receipt of the
notice, the board shall conduct the election.
Sec. 3.
Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:
Subd. 3.
Capital project levy referendum.
(a) A district may levy the local tax rate
approved by a majority of the electors voting on the question to provide funds for an approved
project. The election must take place no more than five years before the estimated date of
commencement of the project. The referendum must be held on a date deleted text begin set by the boarddeleted text end new text begin
authorized by section 205A.05, subdivision 1anew text end . A district must meet the requirements of
section 123B.71 for projects funded under this section. If a review and comment is required
under section 123B.71, subdivision 8, a referendum for a project not receiving a positive
review and comment by the commissioner must be approved by at least 60 percent of the
voters at the election.
(b) The referendum may be called by the school board and may be held:
(1) separately, before an election for the issuance of obligations for the project under
chapter 475; or
(2) in conjunction with an election for the issuance of obligations for the project under
chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive question authorizing both the capital
project levy and the issuance of obligations for the project under chapter 475. Any obligations
authorized for a project may be issued within five years of the date of the election.
(c) The ballot must provide a general description of the proposed project, state the
estimated total cost of the project, state whether the project has received a positive or negative
review and comment from the commissioner, state the maximum amount of the capital
project levy as a percentage of net tax capacity, state the amount that will be raised by that
local tax rate in the first year it is to be levied, and state the maximum number of years that
the levy authorization will apply.
The ballot must contain a textual portion with the information required in this section
and a question stating substantially the following:
"Shall the capital project levy proposed by the board of .......... School District No. ..........
be approved?"
If approved, the amount provided by the approved local tax rate applied to the net tax
capacity for the year preceding the year the levy is certified may be certified for the number
of years, not to exceed ten, approved.
(d) If the district proposes a new capital project to begin at the time the existing capital
project expires and at the same maximum tax rate, the general description on the ballot may
state that the capital project levy is being renewed and that the tax rate is not being increased
from the previous year's rate. An election to renew authority under this paragraph may be
called at any time that is otherwise authorized by this subdivision. The ballot notice required
under section 275.60 may be modified to read:
"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW
AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO
EXPIRE."
(e) In the event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language authorizing the
issuance of obligations must also be included in the question.
(f) The district must notify the commissioner of the results of the referendum.
Sec. 4.
Minnesota Statutes 2016, section 126C.17, subdivision 11, is amended to read:
Subd. 11.
Referendum date.
(a) Except for a referendum held under paragraph (b), any
referendum under this section held on a day other than the first Tuesday after the first
Monday in November must be conducted by mail in accordance with section 204B.46new text begin and
held on a date authorized by section 205A.05, subdivision 1anew text end . Notwithstanding subdivision
9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this
paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered
by first-class mail at least 20 days before the referendum.
(b) In addition to the referenda allowed in subdivision 9, clause (a), the commissioner
may grant authority to a district to hold a referendum on a deleted text begin different daydeleted text end new text begin date authorized by
section 205A.05, subdivision 1a, new text end if the district is in statutory operating debt and has an
approved plan or has received an extension from the department to file a plan to eliminate
the statutory operating debt.
(c) The commissioner must approve, deny, or modify each district's request for a
referendum levy on a different day within 60 days of receiving the request from a district.
Sec. 5.
Minnesota Statutes 2016, section 128D.05, subdivision 2, is amended to read:
Subd. 2.
Time of change.
A proposed change in election years adopted under subdivision
1 is effective 240 days after passage and publication or at a later date fixed in the proposal.
Within 180 days after passage and publication of the proposal, a petition requesting a
referendum on the proposal may be filed with the school district clerk. The petition must
be signed by eligible voters equal in number to five percent of the total number of votes
cast in the city of Minneapolis at the most recent state general election. If the requisite
petition is filed within the prescribed period, the proposal does not become effective until
it is approved by a majority of the voters voting on the question at a general or special
election held deleted text begin at least 60 days after submission of the petitiondeleted text end new text begin on a date authorized by section
205A.05, subdivision 1anew text end . If the petition is filed, the governing body may reconsider its
action in adopting the proposal.
Sec. 6.
Minnesota Statutes 2016, section 205.07, subdivision 3, is amended to read:
Subd. 3.
Effect of ordinance; referendum.
An ordinance changing the year of the
municipal election is effective 240 days after passage and publication or at a later date fixed
in the ordinance. Within 180 days after passage and publication of the ordinance, a petition
requesting a referendum on the ordinance may be filed with the city clerk. The petition shall
be signed by eligible voters equal in number to ten percent of the total number of votes cast
in the city at the last municipal general election. If the requisite petition is filed within the
prescribed period, the ordinance shall not become effective until it is approved by a majority
of the voters voting on the question at a general or special election held deleted text begin at least 60 days
after submission of the petitiondeleted text end new text begin on a date authorized by section 205.10, subdivision 3anew text end . If
the petition is filed, the governing body may reconsider its action in adopting the ordinance.
Sec. 7.
Minnesota Statutes 2016, section 205.10, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Special election dates. new text end
new text begin
(a) Except as allowed in paragraph (b) and subdivision
4, a special election held in a city or town must be held on one of the following dates: the
second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the
second Tuesday in August, or the first Tuesday after the first Monday in November. A home
rule charter city must not designate additional dates in its charter.
new text end
new text begin
(b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.
new text end
Sec. 8.
Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:
Subdivision 1.
Questions.
deleted text begin (a)deleted text end Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board may
on its own motion call a special election to vote on any matter requiring approval of the
voters of a district. Upon petition filed with the school board of 50 or more voters of the
school district or five percent of the number of voters voting at the preceding school district
general election, whichever is greater, the school board shall by resolution call a special
election to vote on any matter requiring approval of the voters of a district. A question is
carried only with the majority in its favor required by law. The election officials for a special
election are the same as for the most recent school district general election unless changed
according to law. Otherwise, special elections must be conducted and the returns made in
the manner provided for the school district general election.
deleted text begin
(b) A special election may not be held:
deleted text end
deleted text begin
(1) during the 56 days before and the 56 days after a regularly scheduled primary or
general election conducted wholly or partially within the school district;
deleted text end
deleted text begin
(2) on the date of a regularly scheduled town election or annual meeting in March
conducted wholly or partially within the school district; or
deleted text end
deleted text begin
(3) during the 30 days before or the 30 days after a regularly scheduled town election
in March conducted wholly or partially within the school district.
deleted text end
deleted text begin
(c) Notwithstanding any other law to the contrary, the time period in which a special
election must be conducted under any other law may be extended by the school board to
conform with the requirements of this subdivision.
deleted text end
Sec. 9.
Minnesota Statutes 2016, section 205A.05, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Special election dates. new text end
new text begin
(a) Except as allowed in paragraph (b), a special
election held in a school district must be held on one of the following dates: the second
Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second
Tuesday in August, or the first Tuesday after the first Monday in November.
new text end
new text begin
(b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.
new text end
Sec. 10.
Minnesota Statutes 2016, section 216B.46, is amended to read:
216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.
Any municipality which desires to acquire the property of a public utility as authorized
under the provisions of section 216B.45 may determine to do so by resolution of the
governing body of the municipality taken after a public hearing of which at least 30 days'
published notice shall be given as determined by the governing body. The determination
shall become effective when ratified by a majority of the qualified electors voting on the
question at a special election to be held deleted text begin for that purpose, not less than 60 nor more than 120
days after the resolution of the governing body of the municipalitydeleted text end new text begin on a date authorized by
section 205.10, subdivision 3anew text end .
Sec. 11.
Minnesota Statutes 2016, section 365A.06, subdivision 2, is amended to read:
Subd. 2.
Election.
The town board shall hold a special election within the boundaries
of the proposed district deleted text begin not less than 30 nor more than 90 days after receipt of the petitiondeleted text end new text begin
on a date authorized by section 205.10, subdivision 3anew text end . The question submitted and voted
upon by the property owners within the territory of the proposed district must be phrased
substantially as follows:
"Shall a subordinate service district be established to provide (service or services to be
provided) financed by (revenue sources)?"
If a majority of those voting on the question favor creation of the district, the district
shall begin upon certification of the vote by the town clerk. The town clerk shall administer
the election.
Sec. 12.
Minnesota Statutes 2016, section 367.33, subdivision 1, is amended to read:
Subdivision 1.
Election at annual election or special election.
Following the adoption
of option A in a town, except a town exercising the powers of a statutory city, the town
board may call a special town election to be held deleted text begin not less than 30 nor more than 60 days
after the annual town election at which the option is adopteddeleted text end new text begin on a date authorized by section
205.10, subdivision 3anew text end , to elect two additional members to the board of supervisors. In lieu
of a special election, the town board may determine to elect the additional members at the
next annual town election.
If the town is exercising the powers of a statutory city under section 368.01 or a special
law granting substantially similar powers, the town board shall call a special election to be
held deleted text begin not less than 30 nor more than 60 days after the annual electiondeleted text end new text begin on a date authorized
by section 205.10, subdivision 3a, new text end at which option A is adopted to elect the two additional
supervisors.
Sec. 13.
Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:
Subdivision 1.
Option for filling vacancies; special election.
(a) Except as provided
in subdivision 3, a vacancy in the office of county commissioner may be filled as provided
in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to
be filled under this subdivision and subdivision 2, it must be filled at a special election. The
county board may by resolution call for a special election to be held deleted text begin according to the earliest
of the following time schedules:
deleted text end
deleted text begin
(1) not less than 120 days following the date the vacancy is declared, but no later than
12 weeks prior to the date of the next regularly scheduled primary election;
deleted text end
deleted text begin
(2) concurrently with the next regularly scheduled primary election and general election;
or
deleted text end
deleted text begin (3) no sooner than 120 days following the next regularly scheduled general electiondeleted text end new text begin on
a date authorized by section 205.10, subdivision 3anew text end .
(b) The person elected at the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and taking the oath of office and shall
serve the remainder of the unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on the district
as reapportioned.
Sec. 14.
Minnesota Statutes 2016, section 375B.07, subdivision 2, is amended to read:
Subd. 2.
Election.
The county board shall make arrangements for the holding of a special
election deleted text begin not less than 30 nor more than 90 days after receipt of the petitiondeleted text end new text begin on a date
authorized by section 205.10, subdivision 3a,new text end within the boundaries of the proposed district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed district shall be phrased substantially as follows:
"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"
If a majority of those voting on the question favor creation of the proposed district, the
district shall be deemed created upon certification of the vote by the county auditor. The
county auditor shall administer the election.
Sec. 15.
Minnesota Statutes 2016, section 375B.10, is amended to read:
375B.10 WITHDRAWAL; ELECTION.
Upon receipt of a petition signed by ten percent of the qualified voters within the territory
of the subordinate service district requesting the removal of the district, or pursuant to its
own resolution, the county board shall make arrangements for the holding of a special
election within the boundaries of the service district deleted text begin not less than 30 nor more than 90 days
after the resolution or receipt of the petitiondeleted text end new text begin on a date authorized by section 205.10,
subdivision 3anew text end . The question to be submitted and voted upon by the qualified voters within
the territory of the district shall be phrased substantially as follows:
"Shall the subordinate service district presently established be removed and the service
or services of the county as provided for the service district be discontinued?"
If a majority of those voting on the question favor the removal and discontinuance of
the services, the service district shall be removed and the services shall be discontinued
upon certification of the vote by the county auditor. The county auditor shall administer the
election.
Sec. 16.
Minnesota Statutes 2016, section 383B.031, subdivision 1, is amended to read:
Subdivision 1.
More than six months; special election.
Notwithstanding the provisions
of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of
Hennepin County more than six months before the general election in which a commissioner
will next be selected to occupy such seat the county auditor shall, within seven days after
the vacancy occurs, call a special election within the affected district to fill such vacancy.
The auditor shall specify a date for the election deleted text begin which shall be between 56 and 77 days after
the vacancy occurreddeleted text end new text begin to be held on a date authorized by section 205.10, subdivision 3anew text end .
Candidates shall file with the county auditor prior to the 35th day before the election. The
primary election shall be held 14 days before the election. If no more than two candidates
file for the office, the primary election shall be canceled and the date of the general election
advanced 14 days.
Sec. 17.
Minnesota Statutes 2016, section 383E.24, subdivision 7, is amended to read:
Subd. 7.
Referendum.
(a) Upon receipt of a petition signed by five percent of the
qualified voters within the territory of the proposed service district prior to the effective
date of its creation as specified in subdivision 6, the creation shall be held in abeyance
pending a referendum vote of all qualified electors residing within the boundaries of the
proposed service district.
(b) The county board shall make arrangements for the holding of a special election deleted text begin not
less than 30 or more than 90 days after receipt of such petitiondeleted text end new text begin on a date authorized by
section 205.10, subdivision 3a, and new text end within the boundaries of the proposed taxing district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed service district shall be phrased substantially as follows:
"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"
(c) If a majority of those voting on the question favor creation of the proposed subordinate
service district, the district shall be deemed created upon certification of the vote by the
county auditor. The county auditor shall administer the election.
Sec. 18.
Minnesota Statutes 2016, section 410.10, subdivision 1, is amended to read:
Subdivision 1.
Timing; procedure; recall.
Upon delivery of such draft, the council or
other governing body of the city shall cause the proposed charter to be submitted at the next
general election thereafter occurring in the city within six months after the delivery of such
draft, and if there is no general city election occurring in the city within six months after
the delivery of such draft, then the council or other governing body of the city shall cause
the proposed charter to be submitted at a special election to be held deleted text begin within 90 days after the
delivery of such draftdeleted text end new text begin on a date authorized by section 205.10, subdivision 3anew text end . The council
or other governing body may call a special election for that purpose only at any time. If the
election is held at the same time with the general election, the voting places and election
officers shall be the same for both elections. At any time before the council has fixed the
date of the election upon the proposed charter, the charter commission may recall it for
further action; and the council may authorize recall of the charter by the commission at any
later date prior to the first publication of the proposed charter.
Sec. 19.
Minnesota Statutes 2016, section 447.32, subdivision 2, is amended to read:
Subd. 2.
Elections.
Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held in
each hospital district at the same time, in the same election precincts, and at the same polling
places as general elections of state and county officers. It may establish the whole district
as a single election precinct or establish two or more different election precincts and polling
places for the elections. If there is more than one precinct, the boundaries of the election
precincts and the locations of the polling places must be defined in the notice of election,
either in full or by reference to a description or map on file in the office of the clerk.
Special elections may be called by the hospital board to vote on any matter required by
law to be submitted to the voters. A special election deleted text begin may not be conducted either during the
56 days before or the 56 days after a regularly scheduled primary or general election,
conducted wholly or partially within the hospital districtdeleted text end new text begin must be held on a date authorized
by section 205.10, subdivision 3anew text end . Special elections must be held within the election precinct
or precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.
Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.
Sec. 20.
Minnesota Statutes 2016, section 475.59, is amended to read:
475.59 MANNER OF SUBMISSION; NOTICE.
new text begin Subdivision 1. new text end
new text begin Generally; notice. new text end
When the governing body of a municipality resolves
to issue bonds for any purpose requiring the approval of the electors, it shall provide for
submission of the proposition of their issuance at a general or special election or town or
school district meeting. Notice of such election or meeting shall be given in the manner
required by law and shall state the maximum amount and the purpose of the proposed issue.
In any school district, the school board or board of education may, according to its judgment
and discretion, submit as a single ballot question or as two or more separate questions in
the notice of election and ballots the proposition of their issuance for any one or more of
the following, stated conjunctively or in the alternative: acquisition or enlargement of sites,
acquisition, betterment, erection, furnishing, equipping of one or more new schoolhouses,
remodeling, repairing, improving, adding to, betterment, furnishing, equipping of one or
more existing schoolhouses. In any city, town, or county, the governing body may, according
to its judgment and discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their issuance, stated
conjunctively or in the alternative, for the acquisition, construction, or improvement of any
facilities at one or more locations.
new text begin Subd. 2. new text end
new text begin Election date. new text end
new text begin
An election to approve issuance of bonds under this section held
by a municipality or school district must be held on a date authorized in section 205.10,
subdivision 3a, or 205A.05, subdivision 1a.
new text end
Sec. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 205.10, subdivision 3,
new text end
new text begin
is repealed.
new text end
Sec. 22. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective August 1, 2017, and applies to any special elections held on or
after that date.
new text end
ARTICLE 3
JUNE PRIMARY
Section 1.
Minnesota Statutes 2016, section 204B.14, subdivision 2, is amended to read:
Subd. 2.
Separate precincts; combined polling place.
(a) The following shall constitute
at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
November 1 if a presidential nomination primary is scheduled to occur in the following
year or deleted text begin Maydeleted text end new text begin Marchnew text end 1 of any other year:
(1) for any city of the third or fourth class, any town, or any city having territory in more
than one county, in which all the voters of the city or town shall cast their ballots;
(2) for contiguous precincts in the same municipality;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county;
or
(4) for noncontiguous precincts located in one or more counties.
Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.
A copy of the ordinance or resolution establishing a combined polling place must be
filed with the county auditor within 30 days after approval by the governing body. A polling
place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved by
the governing body of each participating municipality and the secretary of state and may
be located outside any of the noncontiguous precincts. A municipality withdrawing from
participation in a combined polling place must do so by filing a resolution of withdrawal
with the county auditor no later than October 1 if a presidential nomination primary is
scheduled to occur in the following year or deleted text begin Aprildeleted text end new text begin Februarynew text end 1 of any other year.
The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.
(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:
(1) polling places may be combined after May 1 and until the polls close on election
day;
(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;
(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;
(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;
(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's Web
site, if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and
(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.
Sec. 2.
Minnesota Statutes 2016, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and secretary of state.
On deleted text begin Maydeleted text end new text begin Marchnew text end 1 in a year in which there is an election for a partisan political office, each
major political party shall prepare a list of eligible voters to act as election judges in each
election precinct. The political parties shall furnish the lists electronically to the secretary
of state, in a format specified by the secretary of state. The secretary of state must combine
the data received from each political party under this subdivision and must process the data
to locate the precinct in which the address provided for each potential election judge is
located. If the data submitted by a political party is insufficient for the secretary of state to
locate the proper precinct, the associated name must not appear in any list forwarded to an
appointing authority under this subdivision. The secretary of state shall notify political
parties of any proposed election judges with addresses that could not be located in a precinct.
By deleted text begin Maydeleted text end new text begin Marchnew text end 15, the secretary of state shall furnish electronically to the county auditor
a list of the appropriate names for each election precinct in the jurisdiction of the appointing
authority, noting the political party affiliation of each individual on the list. The county
auditor must promptly forward the appropriate names to the appropriate municipal clerk.
Sec. 3.
Minnesota Statutes 2016, section 204D.03, subdivision 1, is amended to read:
Subdivision 1.
State primary.
The state primary shall be held on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin
after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end in each even-numbered year to select the nominees
of the major political parties for partisan offices and the nominees for nonpartisan offices
to be filled at the state general election, other than presidential electors.
Sec. 4.
Minnesota Statutes 2016, section 204D.09, subdivision 1, is amended to read:
Subdivision 1.
Example ballot.
No later than deleted text begin Maydeleted text end new text begin Marchnew text end 1 of each year, the secretary
of state shall supply each auditor with a copy of an example ballot to be used at the state
primary and state general election. The example ballot must illustrate the format required
for the ballots used in the primary and general elections that year. The county auditor shall
distribute copies of the example ballot to municipal and school district clerks in municipalities
and school districts holding elections that year. The official ballot must conform in all
respects to the example ballot.
Sec. 5.
Minnesota Statutes 2016, section 204D.28, subdivision 5, is amended to read:
Subd. 5.
Regular state primary.
"Regular state primary" means:
(a) the state primary at which candidates are nominated for offices elected at the state
general election; or
(b) a primary held on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end
of odd-numbered years.
Sec. 6.
Minnesota Statutes 2016, section 205.065, subdivision 1, is amended to read:
Subdivision 1.
Establishing primary.
A municipal primary for the purpose of nominating
elective officers may be held in any city on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end
in deleted text begin Augustdeleted text end new text begin Junenew text end of any year in which a municipal general election is to be held for the purpose
of electing officers. The date of a municipal primary held in an odd-numbered year may be
postponed for inclement weather as provided in section 205.105.
Sec. 7.
Minnesota Statutes 2016, section 205.065, subdivision 2, is amended to read:
Subd. 2.
Resolution or ordinance.
The governing body of a city may, by ordinance or
resolution adopted by deleted text begin Aprildeleted text end new text begin Januarynew text end 15 in the year when a municipal general election is
held, elect to choose nominees for municipal offices by a primary as provided in this section.
The resolution or ordinance, when adopted, is effective for all ensuing municipal elections
until it is revoked. The municipal clerk shall notify the secretary of state and the county
auditor within 30 days after the adoption of the resolution or ordinance.
Sec. 8.
Minnesota Statutes 2016, section 205A.03, subdivision 1, is amended to read:
Subdivision 1.
Resolution requiring primary in certain circumstances.
The school
board of a school district may, by resolution adopted by deleted text begin Aprildeleted text end new text begin Januarynew text end 15 of any year, decide
to choose nominees for school board by a primary as provided in this section. The resolution,
when adopted, is effective for all ensuing elections of board members in that school district
until it is revoked. If the board decides to choose nominees by primary and if there are more
than two candidates for a specified school board position or more than twice as many school
board candidates as there are at-large school board positions available, the school district
must hold a primary.
Sec. 9.
Minnesota Statutes 2016, section 205A.03, subdivision 2, is amended to read:
Subd. 2.
Date.
The school district primary must be held on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin
after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end in the year when the school district general election
is held. The clerk shall give notice of the primary in the manner provided in section 205A.07.
The date of a school district primary held in an odd-numbered year may be postponed for
inclement weather as provided in section 205A.055.
Sec. 10.
Minnesota Statutes 2016, section 205A.06, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed with
the school district clerk no earlier than the 84th day and no later than the 70th day before
the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end in the year when the school
district general election is held. In all other school districts, affidavits of candidacy must be
filed no earlier than the 98th day and no later than the 84th day before the school district
general election.
Sec. 11.
Minnesota Statutes 2016, section 205A.11, subdivision 2a, is amended to read:
Subd. 2a.
Notice of special elections.
The school district clerk shall prepare a notice to
the voters who will be voting in a combined polling place for a school district special election.
The notice must include the following information: the date of the election, the hours of
voting, and the location of the voter's polling place. The notice must be sent by
nonforwardable mail to every affected household in the school district with at least one
registered voter. The notice must be mailed no later than 14 days before the election. The
mailed notice is not required for a school district special election that is held on the deleted text begin seconddeleted text end new text begin
firstnew text end Tuesday new text begin after the third Monday new text end in deleted text begin Augustdeleted text end new text begin Junenew text end , the Tuesday following the first Monday
in November, or for a special election conducted entirely by mail. A notice that is returned
as undeliverable must be forwarded immediately to the county auditor.
Sec. 12.
Minnesota Statutes 2016, section 206.61, subdivision 5, is amended to read:
Subd. 5.
Alternation.
The provisions of the election laws requiring the alternation of
names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears on
the machines or marking devices used in a municipality substantially an equal number of
times in the first, last, and in each intermediate place in the list or group in which they
belong. However, the arrangement of candidates' names must be the same on all voting
systems used in the same precinct. If the number of names to be alternated exceeds the
number of precincts, the election official responsible for providing the ballots, in accordance
with subdivision 1, shall determine by lot the alternation of names.
If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot
card, the manner of alternation of candidate names on the paper ballot must be as prescribed
for optical scan ballots in this subdivision.
The rules adopted by the secretary of state for the rotation of candidate names must use
the number of registered voters in each precinct as of 8:00 a.m. on deleted text begin Maydeleted text end new text begin Marchnew text end 1 of the year
when the rotation will be made as the basis for determining the rotation of names.
Sec. 13.
Minnesota Statutes 2016, section 206.82, subdivision 2, is amended to read:
Subd. 2.
Plan.
The municipal clerk in a municipality where an electronic voting system
is used and the county auditor of a county in which an electronic voting system is used in
more than one municipality and the county auditor of a county in which a counting center
serving more than one municipality is located shall prepare a plan which indicates acquisition
of sufficient facilities, computer time, and professional services and which describes the
proposed manner of complying with section 206.80. The plan must be signed, notarized,
and submitted to the secretary of state more than 60 days before the first election at which
the municipality uses an electronic voting system. Before deleted text begin Maydeleted text end new text begin Marchnew text end 1 of each subsequent
general election year, the clerk or auditor shall submit to the secretary of state notification
of any changes to the plan on file with the secretary of state. The secretary of state shall
review each plan for its sufficiency and may request technical assistance from the Office
of MN.IT Services or other agency which may be operating as the central computer authority.
The secretary of state shall notify each reporting authority of the sufficiency or insufficiency
of its plan within 20 days of receipt of the plan. The attorney general, upon request of the
secretary of state, may seek a district court order requiring an election official to fulfill
duties imposed by this subdivision or by rules promulgated pursuant to this section.
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 13 are effective January 1, 2018, and apply to elections conducted on or
after that date.
new text end
ARTICLE 4
COUNTY OFFICES
Section 1.
Minnesota Statutes 2016, section 375.08, is amended to read:
375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
When a vacancy occurs in the office ofnew text begin an electednew text end county auditor, county treasurer,
county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon
one day's notice from the chair or clerk, which shall be served personally upon each member
in the same manner as a district court summons. The person appointed shall give the bond
and take the oath required by law, and serve the remainder of the term, and until a successor
qualifies. 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.
Sec. 2.
Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:
Subdivision 1.
Option for filling vacancies; special election.
(a) Except as provided
in subdivision 3, a vacancy in the office of county commissioner may be filled as provided
in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to
be filled under this subdivision and subdivision 2, it must be filled at a special election. The
county board may by resolution call for a special election to be held according to the earliest
of the following time schedules:
(1) not less than 120 days following the date the vacancy is declared, but no later than
12 weeks prior to the date of the next regularly scheduled primary election;
(2) concurrently with the next regularly scheduled primary election and general election;
or
(3) no sooner than 120 days following the next regularly scheduled general election.
(b) The person elected at the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and taking the oath of office and shall
serve the remainder of the unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on the district
as reapportioned.
new text begin
(c) If a special election is required to be held to fill a vacancy in the office of county
commissioner, the county board may temporarily fill the vacancy by appointment before
the vacancy is filled by special election. Before making an appointment to temporarily fill
a vacancy under this subdivision, the board must allow public testimony from persons
residing in the district in which the vacancy occurs relating to the qualifications of the
prospective appointee. After the board selects the person to temporarily fill the vacancy,
the board shall adopt and enter into the minutes of its proceedings a resolution evidencing
the appointment. The term of the appointment expires when a successor is chosen by special
election and takes the oath of office.
new text end
Sec. 3.
new text begin
[375A.1205] APPOINTING COUNTY RECORDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Authority to appoint county recorder. new text end
new text begin
A county board may appoint
the county recorder under section 375A.10, subdivision 2, by following the process outlined
in this section. Notwithstanding section 375A.12, a referendum is not required if the
appointment is made pursuant to this section. A county board shall only use the authority
to appoint under the following circumstances:
new text end
new text begin
(1) there is a vacancy in the office due to resignation or death; or
new text end
new text begin
(2) there is a signed contract with the county board and the incumbent recorder that
provides that the incumbent officer will be appointed to the position and retain tenure, pay,
and benefits equal to or greater than length of service.
new text end
new text begin Subd. 2. new text end
new text begin Responsibility of county officer. new text end
new text begin
At least 104 days before the filing date for
office under section 204B.09, an elected county officer must notify the county board in
writing whether the officer will be filing for another term. If the officer indicates in writing
that the officer will not file for the office and the county board has passed a resolution under
subdivision 6, affidavits of candidacy will not be accepted for that office and the office will
not be placed on the ballot.
new text end
new text begin Subd. 3. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners and subject to subdivisions 5 and 6, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 4. new text end
new text begin Discharge or demotion. new text end
new text begin
(a) A county recorder who was elected at the most
recent election for that office prior to a county board resolution to make the office appointed,
and is appointed by the county board to the office, may not be involuntarily demoted or
discharged except for incompetency or misconduct.
new text end
new text begin
(b) Before demoting or discharging an office holder under this subdivision, the board
must notify the office holder in writing and state its grounds for the proposed demotion or
discharge in reasonable detail. Within ten days after receipt of this notification, the office
holder may make a written request for a hearing before an arbitrator and the request must
be granted before final action is taken. Failure to request a hearing before an arbitrator
during this period is considered acquiescence to the board's action. The board may suspend
an office holder with pay pending the conclusion of the hearing and determination of the
issues raised in the hearing after charges have been filed which constitute grounds for
demotion or discharge. If an office holder has been charged with a felony and the underlying
conduct that is the subject of the felony charge is a ground for a proposed discharge, the
suspension pending the conclusion of the hearing and determination of the issues may be
without pay. If a hearing under this subdivision is held, the board must reimburse the office
holder for any salary or compensation withheld if the final decision of the arbitrator does
not result in a penalty or discharge of the office holder.
new text end
new text begin
(c) If the office holder and the board are unable to mutually agree on an arbitrator, the
board must request from the Bureau of Mediation Services a list of seven persons qualified
to serve as an arbitrator. If the office holder and the board are unable to mutually agree on
an arbitrator from the list provided, the parties shall alternately strike names from the list
until the name of one arbitrator remains. The person remaining after the striking procedure
must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
the question must be decided by a flip of a coin. The office holder and the board must share
equally the costs and fees of the arbitrator except as set forth in paragraph (g).
new text end
new text begin
(d) The arbitrator shall determine, by a preponderance of the evidence, whether the
grounds for discharge or demotion exist to support the proposed discharge or demotion. A
lesser penalty than demotion or discharge may be imposed by the arbitrator only to the
extent that either party proposes such lesser penalty in the proceeding. In making the
determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.
new text end
new text begin
(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary
consideration of allegations or charges within the meaning of section 13D.05, subdivision
3, paragraph (a), and must be closed, unless the office holder requests it to be open.
new text end
new text begin
(f) The arbitrator's award is final and binding on the parties, subject to sections 572B.18
to 572B.28.
new text end
new text begin
(g) In the event the arbitrator rules not to demote or discharge the office holder, the
board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office
holder.
new text end
new text begin Subd. 5. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected, or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 6. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of the
resolution to provide for the appointment of an office as described in subdivision 1, the
county board must publish a proposed resolution notifying the public of its intent to consider
the issue once each week, for two consecutive weeks, in the official publication of the
county. Following publication and prior to formally adopting the resolution, the county
board shall provide an opportunity at its next regular meeting for public comment relating
to the issue. After the public comment opportunity, at the same meeting or a subsequent
meeting, the county board of commissioners may adopt a resolution that provides for the
appointment of the office or offices as permitted in this section. The resolution must be
approved by at least 80 percent of the members of the county board. The resolution may
take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a
petition is filed as provided in paragraph (b).
new text end
new text begin
(b) Except when an office is made appointive under subdivision 1, clause (2), within 30
days after the county board adopts the resolution, a petition requesting a referendum may
be filed with the county auditor. The petition must be signed by at least ten percent of the
registered voters of the county. The petition must meet the requirements of the secretary of
state, as provided in section 204B.071, and any rules adopted to implement that section. If
the petition is sufficient, the county board resolution is rescinded.
new text end
new text begin Subd. 7. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week, for two consecutive weeks, in the official publication of the county.
Following publication and before formally adopting the resolution, the county board must
provide an opportunity at its next regular meeting for public comment relating to the issue.
After the public comment opportunity, at the same meeting or a subsequent meeting, the
county board of commissioners may adopt the resolution. The resolution must be approved
by at least 60 percent of the members of the county board and is effective August 1 following
adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if
(1) the position has been an appointed position for at least three years; (2) a petition signed
by at least ten percent of the registered voters of the county is filed with the office of the
county auditor by August 1 of the year in which the general election is held; and (3) the
petition meets the requirements of the secretary of state, as provided in section 204B.071,
and any rules adopted to implement that section. If a majority of the voters of the county
voting on the question vote in favor of making the office an elected position, the election
for that office must be held at the next regular or special election.
new text end
Sec. 4.
Minnesota Statutes 2016, section 382.01, is amended to read:
382.01 OFFICERS ELECTED; TERMS.
In every county in this state there shall be elected at the general election in 1918 a county
auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers shall be four years and shall begin on the first
Monday in January next succeeding their election. They shall hold office until their successors
are elected and qualified. new text begin Each of new text end these offices deleted text begin shalldeleted text end new text begin mustnew text end be filled by election every four
years thereafternew text begin , unless an office is consolidated with another county officer or made
appointive under chapter 375A or other general or special lawnew text end .
Sec. 5.
Minnesota Statutes 2016, section 382.02, is amended to read:
382.02 VACANCIES, HOW FILLED.
Any appointment made to fill a vacancy in any of the offices named in section 382.01
new text begin that has not been made appointive under chapter 375A or other general or special law new text end shall
be for the balance of such entire term, and be made by the county board.
Sec. 6. new text begin MORRISON COUNTY RECORDER MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Morrison County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Morrison County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 7. new text begin BENTON COUNTY RECORDER MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Benton County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Benton County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 8. new text begin PINE COUNTY AUDITOR-TREASURER MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Pine County Board of
Commissioners, the office of county auditor-treasurer is not elective but must be filled by
appointment by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbent to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county auditor-treasurer, the county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
auditor-treasurer as permitted in this section. The resolution must be approved by at least
80 percent of the members of the county board. The resolution may take effect 60 days after
it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided
in paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county auditor-treasurer must be placed on the ballot at a regular or special
election. If a majority of the voters of the county voting on the question vote in favor of
appointment, the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Pine County Board of
Commissioners and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 9. new text begin STEARNS COUNTY RECORDER MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Stearns County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Stearns County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 10. new text begin MARSHALL COUNTY RECORDER MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Marshall County Board of
Commissioners, the office of county recorder is not elective but must be filled by appointment
by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Marshall County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 11. new text begin RICE COUNTY AUDITOR-TREASURER AND RECORDER MAY BE
APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization to make office appointive. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Rice County Board of
Commissioners, the offices of county auditor-treasurer and county recorder are not elective
but must be filled by appointment by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin Board controls; may change as long as duties done. new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that elected capacity and
perform the duties, functions, and responsibilities required by statute until the completion
of the term of office to which the person was elected or until a vacancy occurs in the office,
whichever occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin Publishing resolution; petition; referendum. new text end
new text begin
(a) Before the adoption of a
resolution to provide for the appointment of the county auditor-treasurer and county recorder,
the county board must publish a proposed resolution notifying the public of its intent to
consider the issue once each week for two consecutive weeks in the official publication of
the county. Following publication and prior to formally adopting the resolution, the county
board shall provide an opportunity at its next regular meeting for public comment relating
to the issue. After the public comment opportunity, at the same meeting or a subsequent
meeting, the county board of commissioners may adopt a resolution that provides for the
appointment of the county auditor-treasurer and county recorder as permitted in this section.
The resolution must be approved by at least 80 percent of the members of the county board.
The resolution may take effect 60 days after it is adopted, or at a later date stated in the
resolution, unless a petition is filed as provided in paragraph (b).
new text end
new text begin
(b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county auditor-treasurer and county recorder must be placed on the ballot
at a regular or special election. If a majority of the voters of the county voting on the question
vote in favor of appointment, the resolution may be implemented.
new text end
new text begin Subd. 5. new text end
new text begin Reverting to elected offices. new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week or two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end
new text begin
(b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end
new text begin
(1) the position has been an appointed position for at least three years;
new text end
new text begin
(2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end
new text begin
(3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the Rice County Board of
Commissioners and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
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APPENDIX
Repealed Minnesota Statutes: H0729-1
205.10 MUNICIPAL SPECIAL ELECTIONS.
Subd. 3.
Prohibition.
No special election authorized under subdivision 1 may be held within 56 days after the state general election.