HF 813

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; clarifying the requirements for petitioning a school board
to hold a special election; amending Minnesota Statutes 2006, section 205A.05,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 205A.05, subdivision 1, is amended to
read:

Subdivision 1.

Questions.

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 of 50 or more voters of the school district or five
percent of the number of voters voting at the preceding regular school district election,
new text begin whichever is greater, new text end 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. A special election may not be held during
the 30 days before and the 30 days after the state primary, during the 30 days before and
the 40 days after the state general election. In addition, a special election may not be
held during the 20 days before and the 20 days after any regularly scheduled election of
a municipality wholly or partially within the school district. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to petitions for special election submitted 30 days after that date and later.
new text end