HF 2788

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; providing for the 
  1.3             election of the Metropolitan Council; amending 
  1.4             Minnesota Statutes 2002, sections 10A.01, subdivision 
  1.5             10; 10A.09, subdivision 6a; 10A.25, subdivision 2; 
  1.6             10A.27, subdivision 1; 10A.315; 10A.323; 10A.324, 
  1.7             subdivision 1; 15.0597, subdivision 1; 204B.06, 
  1.8             subdivision 4; 204B.09, subdivisions 1, 1a; 204B.11, 
  1.9             as amended; 204B.135, subdivision 2; 204B.32, 
  1.10            subdivision 2; 204D.02, subdivision 1; 204D.08, 
  1.11            subdivision 6; 204D.27, by adding a subdivision; 
  1.12            209.02, subdivision 1; 211A.01, subdivision 3; 
  1.13            211B.01, subdivision 3; 375.09, subdivision 1; 
  1.14            473.123, subdivisions 1, 4, 7, by adding a 
  1.15            subdivision; Minnesota Statutes 2003 Supplement, 
  1.16            section 353D.01, subdivision 2; proposing coding for 
  1.17            new law in Minnesota Statutes, chapters 10A; 204D; 
  1.18            473; repealing Minnesota Statutes 2002, section 
  1.19            473.123, subdivisions 2a, 3a; Minnesota Statutes 2003 
  1.20            Supplement, section 473.123, subdivision 3; Laws 1994, 
  1.21            chapter 628, article 1, section 8; Laws 2003, chapter 
  1.22            8, section 2. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 2002, section 10A.01, 
  1.25  subdivision 10, is amended to read: 
  1.26     Subd. 10.  [CANDIDATE.] "Candidate" means an individual who 
  1.27  seeks nomination or election as a state constitutional officer, 
  1.28  legislator, or judge.  An individual is deemed to seek 
  1.29  nomination or election if the individual has taken the action 
  1.30  necessary under the law of this state to qualify for nomination 
  1.31  or election, has received contributions or made expenditures in 
  1.32  excess of $100, or has given implicit or explicit consent for 
  1.33  any other person to receive contributions or make expenditures 
  1.34  in excess of $100, for the purpose of bringing about the 
  2.1   individual's nomination or election.  A candidate remains a 
  2.2   candidate until the candidate's principal campaign committee is 
  2.3   dissolved as provided in section 10A.24.  "Candidate" also means 
  2.4   an individual who seeks nomination or election to the 
  2.5   Metropolitan Council. 
  2.6      Sec. 2.  Minnesota Statutes 2002, section 10A.09, 
  2.7   subdivision 6a, is amended to read: 
  2.8      Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
  2.9   file a statement under this section must file it with the 
  2.10  governing body of the official's political subdivision, except 
  2.11  that a candidate for or member of the Metropolitan Council must 
  2.12  file the statement with the board.  The governing body must 
  2.13  maintain statements filed with it under this subdivision as 
  2.14  public data. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 10A.25, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [AMOUNTS.] (a) In a year in which an election is 
  2.18  held for an office sought by a candidate, the principal campaign 
  2.19  committee of the candidate must not make campaign expenditures 
  2.20  nor permit approved expenditures to be made on behalf of the 
  2.21  candidate that result in aggregate expenditures in excess of the 
  2.22  following: 
  2.23     (1) for governor and lieutenant governor, running together, 
  2.24  $2,188,090; 
  2.25     (2) for attorney general, $364,690; 
  2.26     (3) for secretary of state and state auditor, separately, 
  2.27  $182,350; 
  2.28     (4) for state senator, $54,740; 
  2.29     (5) for state representative, $27,380; and 
  2.30     (6) for Metropolitan Council member, $47,000. 
  2.31     (b) In addition to the amount in paragraph (a), clause (1), 
  2.32  a candidate for endorsement for the Office of Lieutenant 
  2.33  Governor at the convention of a political party may make 
  2.34  campaign expenditures and approved expenditures of five percent 
  2.35  of that amount to seek endorsement.  
  2.36     (c) If a special election cycle occurs during a general 
  3.1   election cycle, expenditures by or on behalf of a candidate in 
  3.2   the special election do not count as expenditures by or on 
  3.3   behalf of the candidate in the general election. 
  3.4      (d) The expenditure limits in this subdivision for an 
  3.5   office are increased by ten percent for a candidate who is 
  3.6   running for that office for the first time and who has not run 
  3.7   previously for any other office whose territory now includes a 
  3.8   population that is more than one-third of the population in the 
  3.9   territory of the new office. 
  3.10     Sec. 4.  Minnesota Statutes 2002, section 10A.27, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
  3.13  provided in subdivision 2, a candidate must not permit the 
  3.14  candidate's principal campaign committee to accept aggregate 
  3.15  contributions made or delivered by any individual, political 
  3.16  committee, or political fund in excess of the following: 
  3.17     (1) to candidates for governor and lieutenant governor 
  3.18  running together, $2,000 in an election year for the office 
  3.19  sought and $500 in other years; 
  3.20     (2) to a candidate for attorney general, $1,000 in an 
  3.21  election year for the office sought and $200 in other years; 
  3.22     (3) to a candidate for the Office of Secretary of State or 
  3.23  state auditor, $500 in an election year for the office sought 
  3.24  and $100 in other years; 
  3.25     (4) to a candidate for state senator, $500 in an election 
  3.26  year for the office sought and $100 in other years; and 
  3.27     (5) to a candidate for state representative or Metropolitan 
  3.28  Council member, $500 in an election year for the office sought 
  3.29  and $100 in the other a nonelection year. 
  3.30     (b) The following deliveries are not subject to the 
  3.31  bundling limitation in this subdivision: 
  3.32     (1) delivery of contributions collected by a member of the 
  3.33  candidate's principal campaign committee, such as a block worker 
  3.34  or a volunteer who hosts a fund-raising event, to the 
  3.35  committee's treasurer; and 
  3.36     (2) a delivery made by an individual on behalf of the 
  4.1   individual's spouse.  
  4.2      (c) A political committee or political fund must not make a 
  4.3   contribution a candidate is prohibited from accepting. 
  4.4      Sec. 5.  [10A.313] [METROPOLITAN COUNCIL PUBLIC SUBSIDY.] 
  4.5      Subdivision 1.  [FUNDING.] The Metropolitan Council must 
  4.6   provide sufficient money to pay the public subsidy provided for 
  4.7   in this section.  
  4.8      Subd. 2.  [ELIGIBILITY.] A candidate is eligible to receive 
  4.9   a public subsidy in the amount of $20,000 if the candidate has 
  4.10  filed with the board a spending limit agreement under section 
  4.11  10A.322 and an affidavit of contributions under section 10A.323, 
  4.12  the candidate was opposed in the primary election or will be 
  4.13  opposed in the general election, and the candidate's name will 
  4.14  appear on the ballot in the general election. 
  4.15     Subd. 3.  [CERTIFICATION.] Within one week after the last 
  4.16  day for filing a spending limit agreement under section 10A.322 
  4.17  and an affidavit of contributions under section 10A.323, the 
  4.18  board must certify to the Metropolitan Council the maximum 
  4.19  number of candidates eligible to receive the public subsidy if 
  4.20  they survive the primary election.  Within one week after 
  4.21  receiving the certification, the Metropolitan Council must pay 
  4.22  the board the amount necessary to fund the public subsidy for 
  4.23  that number of candidates.  The amount received must be 
  4.24  deposited in the state treasury and credited to a Metropolitan 
  4.25  Council public subsidy account in the special revenue fund.  
  4.26  Money in the fund is appropriated to the board for purposes of 
  4.27  the public subsidy program. 
  4.28     Subd. 4.  [PAYMENT.] The board shall pay the public subsidy 
  4.29  to the eligible candidates as soon as the board has obtained 
  4.30  from the secretary of state the results of the primary election 
  4.31  but not later than one week after certification by the State 
  4.32  Canvassing Board of the results of the primary.  Amounts not 
  4.33  paid to candidates, or returned by them to the board, must be 
  4.34  returned by the board to the Metropolitan Council. 
  4.35     Sec. 6.  Minnesota Statutes 2002, section 10A.315, is 
  4.36  amended to read: 
  5.1      10A.315 [SPECIAL ELECTION SUBSIDY.] 
  5.2      Subdivision 1.  [LEGISLATIVE OFFICE.] (a) Each eligible 
  5.3   candidate for a legislative office in a special election must be 
  5.4   paid a public subsidy equal to the sum of: 
  5.5      (1) the party account money at the last general election 
  5.6   for the candidate's party for the office the candidate is 
  5.7   seeking; and 
  5.8      (2) the general account money paid to a candidate for the 
  5.9   same office at the last general election.  
  5.10     (b) A candidate who wishes to receive this public subsidy 
  5.11  must submit a signed agreement under section 10A.322 to the 
  5.12  board and must meet the contribution requirements of section 
  5.13  10A.323.  The special election subsidy must be distributed in 
  5.14  the same manner as money in the party and general accounts is 
  5.15  distributed to legislative candidates in a general election. 
  5.16     (c) The amount necessary to make the payments required by 
  5.17  this section is appropriated from the general fund to the board. 
  5.18     Subd. 2.  [METROPOLITAN COUNCIL OFFICE.] Each eligible 
  5.19  candidate for Metropolitan Council office in a special election 
  5.20  must be paid a public subsidy equal to the subsidy paid in a 
  5.21  general election.  To be eligible to receive this public 
  5.22  subsidy, a candidate must file a spending limit agreement under 
  5.23  section 10A.322 and meet the contribution requirements of 
  5.24  section 10A.323, except that the candidate may count 
  5.25  contributions received during the two months immediately 
  5.26  preceding the special election, other than contributions the 
  5.27  candidate has previously included on an affidavit for another 
  5.28  election, and the amount required is one-quarter of the amount 
  5.29  stated in section 10A.323.  To receive the subsidy, the 
  5.30  candidate must be opposed in either the primary or the general 
  5.31  election.  The special election subsidy must be distributed in 
  5.32  the same manner as the public subsidy in a general election. 
  5.33     Sec. 7.  Minnesota Statutes 2002, section 10A.323, is 
  5.34  amended to read: 
  5.35     10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 
  5.36     In addition to the requirements of section 10A.322, to be 
  6.1   eligible to receive a public subsidy under section 10A.31 a 
  6.2   candidate or the candidate's treasurer must file an affidavit 
  6.3   with the board stating that during that calendar year the 
  6.4   candidate has accumulated contributions from persons eligible to 
  6.5   vote in this state in at least the amount indicated for the 
  6.6   office sought, counting only the first $50 received from each 
  6.7   contributor: 
  6.8      (1) candidates for governor and lieutenant governor running 
  6.9   together, $35,000; 
  6.10     (2) candidates for attorney general, $15,000; 
  6.11     (3) candidates for secretary of state and state auditor, 
  6.12  separately, $6,000; 
  6.13     (4) candidates for the senate, $3,000; and 
  6.14     (5) candidates for the house of representatives, $1,500; 
  6.15  and 
  6.16     (6) candidates for the Metropolitan Council, $2,500. 
  6.17     The affidavit must state the total amount of contributions 
  6.18  that have been received from persons eligible to vote in this 
  6.19  state, disregarding the portion of any contribution in excess of 
  6.20  $50.  
  6.21     The candidate or the candidate's treasurer must submit the 
  6.22  affidavit required by this section to the board in writing by 
  6.23  September 1 of the general election year.  
  6.24     A candidate for a vacancy to be filled at a special 
  6.25  election for which the filing period does not coincide with the 
  6.26  filing period for the general election must submit the affidavit 
  6.27  required by this section to the board within five days after 
  6.28  filing the affidavit of candidacy. 
  6.29     Sec. 8.  Minnesota Statutes 2002, section 10A.324, 
  6.30  subdivision 1, is amended to read: 
  6.31     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate must 
  6.32  return all or a portion of the public subsidy received from the 
  6.33  state elections campaign fund or the public subsidy received 
  6.34  under section 10A.313 or 10A.315, under the circumstances in 
  6.35  this section or section 10A.257, subdivision 1. 
  6.36     To the extent that the amount of public subsidy received 
  7.1   exceeds the aggregate of:  (1) actual expenditures made by the 
  7.2   principal campaign committee of the candidate; and (2) approved 
  7.3   expenditures made on behalf of the candidate, the treasurer of 
  7.4   the candidate's principal campaign committee must return an 
  7.5   amount equal to the difference to the board.  The cost of 
  7.6   postage that was not used during an election cycle and payments 
  7.7   that created credit balances at vendors at the close of an 
  7.8   election cycle are not considered expenditures for purposes of 
  7.9   determining the amount to be returned.  Expenditures in excess 
  7.10  of the candidate's spending limit do not count in determining 
  7.11  aggregate expenditures under this paragraph. 
  7.12     Sec. 9.  Minnesota Statutes 2002, section 15.0597, 
  7.13  subdivision 1, is amended to read: 
  7.14     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  7.15  following terms shall have the meanings given them. 
  7.16     (a) "Agency" means (1) a state board, commission, council, 
  7.17  committee, authority, task force, including an advisory task 
  7.18  force created under section 15.014 or 15.0593, a group created 
  7.19  by executive order of the governor, or other similar multimember 
  7.20  agency created by law and having statewide jurisdiction; and (2) 
  7.21  the Metropolitan Council, a metropolitan agency, Capitol Area 
  7.22  Architectural and Planning Board, and any agency with a regional 
  7.23  jurisdiction created in this state pursuant to an interstate 
  7.24  compact. 
  7.25     (b) "Vacancy" or "vacant agency position" means (1) a 
  7.26  vacancy in an existing agency, or (2) a new, unfilled agency 
  7.27  position.  Vacancy includes a position that is to be filled 
  7.28  through appointment of a nonlegislator by a legislator or group 
  7.29  of legislators; vacancy does not mean (1) a vacant position on 
  7.30  an agency composed exclusively of persons employed by a 
  7.31  political subdivision or another agency, or (2) a vacancy to be 
  7.32  filled by a person required to have a specific title or position.
  7.33     (c) "Secretary" means the secretary of state. 
  7.34     Sec. 10.  Minnesota Statutes 2002, section 204B.06, 
  7.35  subdivision 4, is amended to read: 
  7.36     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  8.1   nomination for the following offices shall state the following 
  8.2   additional information on the affidavit:  
  8.3      (a) for United States senator, that the candidate will be 
  8.4   30 years of age or older and a citizen of the United States for 
  8.5   not less than nine years on the next January 3 or, in the case 
  8.6   of an election to fill a vacancy, within 21 days after the 
  8.7   special election; 
  8.8      (b) for United States representative, that the candidate 
  8.9   will be 25 years of age or older and a citizen of the United 
  8.10  States for not less than seven years on the next January 3 or, 
  8.11  in the case of an election to fill a vacancy, within 21 days 
  8.12  after the special election; 
  8.13     (c) for governor or lieutenant governor, that on the first 
  8.14  Monday of the next January the candidate will be 25 years of age 
  8.15  or older and, on the day of the state general election, a 
  8.16  resident of Minnesota for not less than one year; 
  8.17     (d) for Supreme Court justice, Court of Appeals judge, or 
  8.18  district court judge, that the candidate is learned in the law; 
  8.19     (e) for Metropolitan Council, county, municipal, school 
  8.20  district, or special district office, that the candidate meets 
  8.21  any other qualifications for that office prescribed by law; 
  8.22     (f) for senator or representative in the legislature, that 
  8.23  on the day of the general or special election to fill the office 
  8.24  the candidate will have resided not less than one year in the 
  8.25  state and not less than six months in the legislative district 
  8.26  from which the candidate seeks election.  
  8.27     Sec. 11.  Minnesota Statutes 2002, section 204B.09, 
  8.28  subdivision 1, is amended to read: 
  8.29     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  8.30  ELECTIONS.] (a) Except as otherwise provided by this 
  8.31  subdivision, affidavits of candidacy and nominating petitions 
  8.32  for county, Metropolitan Council, state, and federal offices 
  8.33  filled at the state general election shall be filed not more 
  8.34  than 70 days nor less than 56 days before the state primary.  
  8.35  The affidavit may be prepared and signed at any time between 60 
  8.36  days before the filing period opens and the last day of the 
  9.1   filing period. 
  9.2      (b) Notwithstanding other law to the contrary, the 
  9.3   affidavit of candidacy must be signed in the presence of a 
  9.4   notarial officer or an individual authorized to administer oaths 
  9.5   under section 358.10. 
  9.6      (c) This provision does not apply to candidates for 
  9.7   presidential elector nominated by major political parties.  
  9.8   Major party candidates for presidential elector are certified 
  9.9   under section 208.03.  Other candidates for presidential 
  9.10  electors may file petitions on or before the state primary day.  
  9.11  Nominating petitions to fill vacancies in nominations shall be 
  9.12  filed as provided in section 204B.13.  No affidavit or petition 
  9.13  shall be accepted later than 5:00 p.m. on the last day for 
  9.14  filing. 
  9.15     (d) Affidavits and petitions for offices to be voted on in 
  9.16  only one county shall be filed with the county auditor of that 
  9.17  county.  Affidavits and petitions for offices to be voted on in 
  9.18  more than one county shall be filed with the secretary of state. 
  9.19     Sec. 12.  Minnesota Statutes 2002, section 204B.09, 
  9.20  subdivision 1a, is amended to read: 
  9.21     Subd. 1a.  [ABSENT CANDIDATES.] A candidate for special 
  9.22  district, county, Metropolitan Council, state, or federal office 
  9.23  who will be absent from the state during the filing period may 
  9.24  submit a properly executed affidavit of candidacy, the 
  9.25  appropriate filing fee, and any necessary petitions in person to 
  9.26  the filing officer.  The candidate shall state in writing the 
  9.27  reason for being unable to submit the affidavit during the 
  9.28  filing period.  The affidavit, filing fee, and petitions must be 
  9.29  submitted to the filing officer during the seven days 
  9.30  immediately preceding the candidate's absence from the state.  
  9.31  Nominating petitions may be signed during the 14 days 
  9.32  immediately preceding the date when the affidavit of candidacy 
  9.33  is filed. 
  9.34     Sec. 13.  Minnesota Statutes 2002, section 204B.11, as 
  9.35  amended by Laws 2003, chapter 112, article 2, section 50, is 
  9.36  amended to read: 
 10.1      204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
 10.2   FILING FEE.] 
 10.3      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 10.4   Except as provided by subdivision 2, a filing fee shall be paid 
 10.5   by each candidate who files an affidavit of candidacy.  The fee 
 10.6   shall be paid at the time the affidavit is filed.  The amount of 
 10.7   the filing fee shall vary with the office sought as follows: 
 10.8      (a) for the office of governor, lieutenant governor, 
 10.9   attorney general, state auditor, secretary of state, 
 10.10  representative in Congress, judge of the Supreme Court, judge of 
 10.11  the Court of Appeals, or judge of the district court, $300; 
 10.12     (b) for the office of senator in Congress, $400; 
 10.13     (c) for office of senator or representative in the 
 10.14  legislature, $100; 
 10.15     (d) for a Metropolitan Council or county office, $50; and 
 10.16     (e) for the office of soil and water conservation district 
 10.17  supervisor, $20. 
 10.18     For the office of presidential elector, and for those 
 10.19  offices for which no compensation is provided, no filing fee is 
 10.20  required. 
 10.21     The filing fees received by the county auditor shall 
 10.22  immediately be paid to the county treasurer.  The filing fees 
 10.23  received by the secretary of state shall immediately be paid to 
 10.24  the commissioner of finance. 
 10.25     When an affidavit of candidacy has been filed with the 
 10.26  appropriate filing officer and the requisite filing fee has been 
 10.27  paid, the filing fee shall not be refunded.  If a candidate's 
 10.28  filing fee is paid with a check, draft, or similar negotiable 
 10.29  instrument for which sufficient funds are not available or that 
 10.30  is dishonored, notice to the candidate of the worthless 
 10.31  instrument must be sent by the filing officer via registered 
 10.32  mail no later than immediately upon the closing of the filing 
 10.33  deadline with return receipt requested.  The candidate will have 
 10.34  five days from the time the filing officer receives proof of 
 10.35  receipt to issue a check or other instrument for which 
 10.36  sufficient funds are available.  The candidate issuing the 
 11.1   worthless instrument is liable for a service charge pursuant to 
 11.2   section 604.113.  If adequate payment is not made, the name of 
 11.3   the candidate must not appear on any official ballot and the 
 11.4   candidate is liable for all costs incurred by election officials 
 11.5   in removing the name from the ballot. 
 11.6      Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
 11.7   filing an affidavit of candidacy, a candidate may present a 
 11.8   petition in place of the filing fee.  The petition may be signed 
 11.9   by any individual eligible to vote for the candidate.  A 
 11.10  nominating petition filed pursuant to section 204B.07 or 
 11.11  204B.13, subdivision 4, is effective as a petition in place of a 
 11.12  filing fee if the nominating petition includes a prominent 
 11.13  statement informing the signers of the petition that it will be 
 11.14  used for that purpose.  
 11.15     The number of signatures on a petition in place of a filing 
 11.16  fee shall be as follows:  
 11.17     (a) for a state office voted on statewide, or for president 
 11.18  of the United States, or United States senator, 2,000; 
 11.19     (b) for a congressional office, 1,000; 
 11.20     (c) for a county, Metropolitan Council, or legislative 
 11.21  office, or for the office of district judge, 500; and 
 11.22     (d) for any other office which requires a filing fee as 
 11.23  prescribed by law, municipal charter, or ordinance, the lesser 
 11.24  of 500 signatures or five percent of the total number of votes 
 11.25  cast in the municipality, ward, or other election district at 
 11.26  the preceding general election at which that office was on the 
 11.27  ballot.  
 11.28     An official with whom petitions are filed shall make sample 
 11.29  forms for petitions in place of filing fees available upon 
 11.30  request.  
 11.31     Sec. 14.  Minnesota Statutes 2002, section 204B.135, 
 11.32  subdivision 2, is amended to read: 
 11.33     Subd. 2.  [OTHER ELECTION DISTRICTS.] For purposes of this 
 11.34  subdivision, "local government election district" means a county 
 11.35  district, park and recreation district, school district, 
 11.36  Metropolitan Council district, or soil and water conservation 
 12.1   district.  Local government election districts, other than city 
 12.2   wards covered by subdivision 1, may not be redistricted until 
 12.3   precinct boundaries are reestablished under section 204B.14, 
 12.4   subdivision 3, paragraph (c).  Election districts covered by 
 12.5   this subdivision must be redistricted within 80 days of the time 
 12.6   when the legislature has been redistricted or at least 15 weeks 
 12.7   before the state primary election in the year ending in two, 
 12.8   whichever comes first. 
 12.9      Sec. 15.  Minnesota Statutes 2002, section 204B.32, 
 12.10  subdivision 2, is amended to read: 
 12.11     Subd. 2.  [ALLOCATION OF ELECTION EXPENSES.] The secretary 
 12.12  of state shall develop procedures for the allocation of election 
 12.13  expenses among counties, municipalities, and school districts, 
 12.14  and the Metropolitan Council for elections that are held 
 12.15  concurrently.  The following expenses must be included in the 
 12.16  procedures:  salaries of election judges; postage for absentee 
 12.17  ballots and applications; preparation of polling places; 
 12.18  preparation and testing of electronic voting systems; ballot 
 12.19  preparation; publication of election notices and sample ballots; 
 12.20  transportation of ballots and election supplies; and 
 12.21  compensation for administrative expenses of the county auditor, 
 12.22  municipal clerk, or school district clerk. 
 12.23     Sec. 16.  Minnesota Statutes 2002, section 204D.02, 
 12.24  subdivision 1, is amended to read: 
 12.25     Subdivision 1.  [OFFICERS.] All elective state, 
 12.26  Metropolitan Council, and county officers, justices of the 
 12.27  Supreme Court, judges of the Court of Appeals and district 
 12.28  court, state senators and state representatives, and senators 
 12.29  and representatives in Congress shall be elected at the state 
 12.30  general election held in the year before their terms of office 
 12.31  expire.  Presidential electors shall be chosen at the state 
 12.32  general election held in the year before the expiration of a 
 12.33  term of a president of the United States.  
 12.34     Sec. 17.  Minnesota Statutes 2002, section 204D.08, 
 12.35  subdivision 6, is amended to read: 
 12.36     Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
 13.1   The state and county nonpartisan primary ballot shall be headed 
 13.2   "State and County Nonpartisan Primary Ballot."  It shall be 
 13.3   printed on canary paper.  The names of candidates for nomination 
 13.4   to the Supreme Court, Court of Appeals, district court, and 
 13.5   all Metropolitan Council and county offices shall be placed on 
 13.6   this ballot.  
 13.7      No candidate whose name is placed on the state and county 
 13.8   nonpartisan primary ballot shall be designated or identified as 
 13.9   the candidate of any political party or in any other manner 
 13.10  except as expressly provided by law.  
 13.11     Sec. 18.  [204D.265] [VACANCY IN OFFICE OF METROPOLITAN 
 13.12  COUNCIL MEMBER.] 
 13.13     Subdivision 1.  [ELECTION IN 30 TO 60 DAYS.] Except as 
 13.14  provided in subdivision 3, a vacancy in the office of 
 13.15  Metropolitan Council member must be filled at a special election 
 13.16  scheduled by the Metropolitan Council on a date not less than 30 
 13.17  nor more than 60 days after the vacancy occurs.  The special 
 13.18  primary or special election may be held on the same day as a 
 13.19  regular primary or regular election, but the special election 
 13.20  must be held not less than 14 days after the special primary.  
 13.21  The person elected at the special election must take office 
 13.22  immediately after receipt of the certificate of election and 
 13.23  upon taking the oath of office and must serve the remainder of 
 13.24  the unexpired term.  If the Metropolitan Council districts have 
 13.25  been redrawn since the beginning of the term of the vacant 
 13.26  office, the election must be based on the district as redrawn.  
 13.27     Subd. 2.  [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 
 13.28  for which a special election is required occurs less than 60 
 13.29  days before the general election preceding the end of the term, 
 13.30  the vacancy must be filled by the person elected at that 
 13.31  election for the ensuing term and that person must take office 
 13.32  immediately after receiving the certificate of election and 
 13.33  taking the oath of office.  
 13.34     Subd. 3.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
 13.35  when the events specified in section 351.02 happen, a vacancy in 
 13.36  the office of Metropolitan Council member may be declared by the 
 14.1   Metropolitan Council when a member is unable to serve in the 
 14.2   office or attend council meetings for a 90-day period because of 
 14.3   illness, or absence from or refusal to attend council meetings 
 14.4   for a 90-day period.  If any of the conditions described or 
 14.5   referred to in this subdivision occur, the council may, after 
 14.6   the council by resolution has declared a vacancy to exist, 
 14.7   appoint someone to fill the vacancy at a regular or special 
 14.8   meeting for the remainder of the unexpired term or until the ill 
 14.9   or absent member is again able to resume duties and attend 
 14.10  council meetings, whichever is earlier.  If the council 
 14.11  determines that the original member is again able to resume 
 14.12  duties and attend council meetings, the council must say so in a 
 14.13  resolution and remove the appointed officeholder and restore the 
 14.14  original member to office. 
 14.15     Sec. 19.  Minnesota Statutes 2002, section 204D.27, is 
 14.16  amended by adding a subdivision to read: 
 14.17     Subd. 12.  [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) 
 14.18  [STATE CANVASSING BOARD.] Except as provided in subdivision 4, 
 14.19  the State Canvassing Board shall complete its canvass of a 
 14.20  special election for Metropolitan Council member and declare the 
 14.21  results within four days after the returns of the county 
 14.22  canvassing boards are certified to the secretary of state, 
 14.23  excluding Sundays and legal holidays. 
 14.24     (b) [ELECTION CONTEST.] In case of a contest of a special 
 14.25  election for Metropolitan Council member, the notice of contest 
 14.26  must be filed within two days after the canvass is completed, 
 14.27  excluding Sundays and legal holidays.  In other respects, the 
 14.28  contest must proceed in the manner provided by law for 
 14.29  contesting elections. 
 14.30     (c) [CERTIFICATE OF ELECTION.] A certificate of election in 
 14.31  a special election for Metropolitan Council member must be 
 14.32  issued by the county auditor or the secretary of state to the 
 14.33  individual declared elected by the county or State Canvassing 
 14.34  Board two days, excluding Sundays and legal holidays, after the 
 14.35  appropriate canvassing board finishes canvassing the returns for 
 14.36  the election.  In case of a contest, the certificate must not be 
 15.1   issued until the district court decides the contest. 
 15.2      Sec. 20.  Minnesota Statutes 2002, section 209.02, 
 15.3   subdivision 1, is amended to read: 
 15.4      Subdivision 1.  Any eligible voter, including a candidate, 
 15.5   may contest in the manner provided in this chapter:  (1) the 
 15.6   nomination or election of any person for whom the voter had the 
 15.7   right to vote if that person is declared nominated or elected to 
 15.8   the senate or the house of representatives of the United States, 
 15.9   or to a statewide, Metropolitan Council, county, legislative, 
 15.10  municipal, school, or district court office; or (2) the declared 
 15.11  result of a constitutional amendment or other question voted 
 15.12  upon at an election.  The contest may be brought over an 
 15.13  irregularity in the conduct of an election or canvass of votes, 
 15.14  over the question of who received the largest number of votes 
 15.15  legally cast, over the number of votes legally cast in favor of 
 15.16  or against a question, or on the grounds of deliberate, serious, 
 15.17  and material violations of the Minnesota Election Law. 
 15.18     Sec. 21.  Minnesota Statutes 2002, section 211A.01, 
 15.19  subdivision 3, is amended to read: 
 15.20     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 15.21  seeks nomination or election to a county, municipal, school 
 15.22  district, or other political subdivision office.  This 
 15.23  definition does not include an individual seeking a judicial 
 15.24  office or a seat on the Metropolitan Council.  For purposes of 
 15.25  sections 211A.01 to 211A.05 and 211A.07, "candidate" also 
 15.26  includes a candidate for the United States Senate or House of 
 15.27  Representatives. 
 15.28     Sec. 22.  Minnesota Statutes 2002, section 211B.01, 
 15.29  subdivision 3, is amended to read: 
 15.30     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 15.31  seeks nomination or election to a federal, statewide, 
 15.32  Metropolitan Council, legislative, judicial, or local office 
 15.33  including special districts, school districts, towns, home rule 
 15.34  charter and statutory cities, and counties, except candidates 
 15.35  for president and vice-president of the United States.  
 15.36     Sec. 23.  Minnesota Statutes 2003 Supplement, section 
 16.1   353D.01, subdivision 2, is amended to read: 
 16.2      Subd. 2.  [ELIGIBILITY.] (a) Eligibility to participate in 
 16.3   the defined contribution plan is available to: 
 16.4      (1) elected local government officials of a governmental 
 16.5   subdivision who elect to participate in the plan under section 
 16.6   353D.02, subdivision 1, and who, for the elected service 
 16.7   rendered to a governmental subdivision, are not members of the 
 16.8   Public Employees Retirement Association within the meaning of 
 16.9   section 353.01, subdivision 7; 
 16.10     (2) physicians who, if they did not elect to participate in 
 16.11  the plan under section 353D.02, subdivision 2, would meet the 
 16.12  definition of member under section 353.01, subdivision 7; 
 16.13     (3) basic and advanced life support emergency medical 
 16.14  service personnel employed by or providing services for any 
 16.15  public ambulance service or privately operated ambulance service 
 16.16  that receives an operating subsidy from a governmental entity 
 16.17  that elects to participate under section 353D.02, subdivision 3; 
 16.18     (4) members of a municipal rescue squad associated with 
 16.19  Litchfield in Meeker County, or of a county rescue squad 
 16.20  associated with Kandiyohi County, if an independent nonprofit 
 16.21  rescue squad corporation, incorporated under chapter 317A, 
 16.22  performing emergency management services, and if not affiliated 
 16.23  with a fire department or ambulance service and if its members 
 16.24  are not eligible for membership in that fire department's or 
 16.25  ambulance service's relief association or comparable pension 
 16.26  plan; and 
 16.27     (5) employees of the Port Authority of the city of St. Paul 
 16.28  who elect to participate in the plan under section 353D.02, 
 16.29  subdivision 5, and who are not members of the Public Employees 
 16.30  Retirement Association under section 353.01, subdivision 7. 
 16.31     (b) For purposes of this chapter, an elected local 
 16.32  government official includes a person appointed to fill a 
 16.33  vacancy in an elective office and a member of the Metropolitan 
 16.34  Council.  Service as an elected local government official only 
 16.35  includes service for the governmental subdivision for which the 
 16.36  official was elected by the public-at-large.  Service as an 
 17.1   elected local government official ceases and eligibility to 
 17.2   participate terminates when the person ceases to be an elected 
 17.3   official.  An elected local government official does not include 
 17.4   an elected county sheriff.  
 17.5      (c) Individuals otherwise eligible to participate in the 
 17.6   plan under this subdivision who are currently covered by a 
 17.7   public or private pension plan because of their employment or 
 17.8   provision of services are not eligible to participate in the 
 17.9   public employees defined contribution plan.  
 17.10     (d) A former participant is a person who has terminated 
 17.11  eligible employment or service and has not withdrawn the value 
 17.12  of the person's individual account. 
 17.13     Sec. 24.  Minnesota Statutes 2002, section 375.09, 
 17.14  subdivision 1, is amended to read: 
 17.15     Subdivision 1.  [NO COUNTY EMPLOYMENT OR OTHER ELECTED 
 17.16  OFFICE.] No county commissioner shall hold another elected 
 17.17  office during tenure as commissioner, except to serve as an 
 17.18  elected Metropolitan Council member, nor be employed by the 
 17.19  county.  
 17.20     Sec. 25.  Minnesota Statutes 2002, section 473.123, 
 17.21  subdivision 1, is amended to read: 
 17.22     Subdivision 1.  [CREATION.] A Metropolitan Council with 
 17.23  jurisdiction in the metropolitan area is established as a public 
 17.24  corporation and political subdivision of the state.  It shall be 
 17.25  under the supervision and control of 17 members, all of whom 
 17.26  shall be residents of the metropolitan area elected from 
 17.27  districts as provided in section 473.124. 
 17.28     Sec. 26.  Minnesota Statutes 2002, section 473.123, 
 17.29  subdivision 4, is amended to read: 
 17.30     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; 
 17.31  DUTIES AND COMPENSATION.] (a) The chair of the Metropolitan 
 17.32  Council shall be appointed by the governor as the 17th voting 
 17.33  member thereof by and with the advice and consent of the senate 
 17.34  to serve at the pleasure of the governor to represent the 
 17.35  metropolitan area at large.  Senate confirmation shall be as 
 17.36  provided by section 15.066 elected by, and from among, the 
 18.1   members of the council to serve a one-year term.  
 18.2      The chair of the Metropolitan Council shall, if present, 
 18.3   preside at meetings of the council, have the primary 
 18.4   responsibility for meeting with local elected officials, serve 
 18.5   as the principal legislative liaison, present to the governor 
 18.6   and the legislature, after council approval, the council's plans 
 18.7   for regional governance and operations, serve as the principal 
 18.8   spokesperson of the council, and perform other duties assigned 
 18.9   by the council or by law. 
 18.10     (b) The Metropolitan Council shall elect other officers as 
 18.11  it deems necessary for the conduct of its affairs for a one-year 
 18.12  term.  A secretary and treasurer need not be members of the 
 18.13  Metropolitan Council.  Meeting times and places shall be fixed 
 18.14  by the Metropolitan Council and special meetings may be called 
 18.15  by a majority of the members of the Metropolitan Council or by 
 18.16  the chair.  The chair and each Metropolitan Council member shall 
 18.17  be reimbursed for actual and necessary expenses.  The annual 
 18.18  budget of the council shall provide as a separate account 
 18.19  anticipated expenditures for compensation, travel, and 
 18.20  associated expenses for the chair and members, and compensation 
 18.21  or reimbursement shall be made to the chair and members only 
 18.22  when budgeted. 
 18.23     (c) Each member of the council shall attend and participate 
 18.24  in council meetings and meet regularly with local elected 
 18.25  officials and legislative members from the council member's 
 18.26  district.  Each council member shall serve on at least one 
 18.27  division committee for transportation, environment, or community 
 18.28  development. 
 18.29     (d) In the performance of its duties the Metropolitan 
 18.30  Council may adopt policies and procedures governing its 
 18.31  operation, establish committees, and, when specifically 
 18.32  authorized by law, make appointments to other governmental 
 18.33  agencies and districts.  
 18.34     Sec. 27.  Minnesota Statutes 2002, section 473.123, is 
 18.35  amended by adding a subdivision to read: 
 18.36     Subd. 4a.  [COMPENSATION.] Each Metropolitan Council member 
 19.1   must be paid as authorized by the Metropolitan Council but not 
 19.2   to exceed $12,000 per year.  The chair and each Metropolitan 
 19.3   Council member must be reimbursed for actual and necessary 
 19.4   expenses.  The annual budget of the council must provide, as a 
 19.5   separate account, anticipated expenditures for compensation, 
 19.6   travel, and associated expenses for the chair and members, and 
 19.7   compensation or reimbursement must be made to the chair and 
 19.8   members only when budgeted. 
 19.9      Sec. 28.  Minnesota Statutes 2002, section 473.123, 
 19.10  subdivision 7, is amended to read: 
 19.11     Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
 19.12  other than the chair, may hire a performance and budget analyst 
 19.13  to assist the 16 council members with policy and budget analysis 
 19.14  and evaluation of the council's performance.  The analyst may 
 19.15  recommend and the council may hire up to two additional analysts 
 19.16  to assist the council with performance evaluation and budget 
 19.17  analysis.  The analyst and any additional analysts hired shall 
 19.18  serve at the pleasure of the council members.  The 16 members of 
 19.19  the council may prescribe all terms and conditions for the 
 19.20  employment of the analyst and any additional analysts hired, 
 19.21  including, but not limited to, the fixing of compensation, 
 19.22  benefits, and insurance.  The analyst shall prepare the budget 
 19.23  for the provisions of this section subdivision and submit the 
 19.24  budget for council approval and inclusion in the council's 
 19.25  overall budget. 
 19.26     Sec. 29.  [473.124] [METROPOLITAN COUNCIL ELECTIONS.] 
 19.27     Subdivision 1.  [NUMBER OF MEMBERS.] The Metropolitan 
 19.28  Council consists of 16 members.  
 19.29     Subd. 2.  [DISTRICTS.] (a) After the federal decennial 
 19.30  census in 2000, and after each federal decennial census 
 19.31  thereafter, the Metropolitan Council must divide the 
 19.32  metropolitan area into as many districts as there are members.  
 19.33  Each district is entitled to elect one member.  The districts 
 19.34  must be bounded by town, municipal, ward, or precinct lines.  
 19.35  The districts must be composed of compact, convenient, and 
 19.36  contiguous territory and must be substantially equal in 
 20.1   population.  The population of the largest district must not 
 20.2   exceed the population of the smallest district by more than ten 
 20.3   percent, unless the result would force a voting precinct to be 
 20.4   split.  A Metropolitan Council district must not include 
 20.5   territory in more than one county unless necessary to meet 
 20.6   equal-population requirements.  The districts must be numbered 
 20.7   in a regular series. 
 20.8      (b) The districts must be redrawn in 2004 before June 1 and 
 20.9   thereafter within the time provided in section 204B.135, 
 20.10  subdivision 2.  Before acting to redistrict, the council must 
 20.11  publish in newspapers of general circulation three weeks' notice 
 20.12  of its purpose, stating the time and place of the meeting where 
 20.13  the matter will be considered.  The council must file a map of 
 20.14  the new districts with the secretary of state. 
 20.15     Subd. 3.  [TERMS.] Members serve a term of four years, 
 20.16  except to fill a vacancy.  There must be a new election of all 
 20.17  members at the first election after each decennial redistricting 
 20.18  and the members elected at that election from districts with odd 
 20.19  numbers serve for an initial term of two years. 
 20.20     Sec. 30.  [STUDY; REPORT.] 
 20.21     The Metropolitan Council must study the feasibility of 
 20.22  transferring functions or services from metropolitan counties to 
 20.23  the Metropolitan Council established in this act to take 
 20.24  advantage of economies of scale without sacrificing equity or 
 20.25  effectiveness.  In addition to any other function or service, 
 20.26  the study must include an analysis of the feasibility and 
 20.27  benefits of transferring county correctional facilities and 
 20.28  county highways to the council.  The council shall report to the 
 20.29  legislature the results of the study by December 31, 2004. 
 20.30     Sec. 31.  [TRANSITION.] 
 20.31     The terms of the appointed chair and appointed Metropolitan 
 20.32  Council members holding office on the effective date of this 
 20.33  section, and any successor appointed to serve as the council 
 20.34  chair or as a member, continue until the first Monday in January 
 20.35  2005.  
 20.36     Sec. 32.  [APPLICATION.] 
 21.1      This act applies in the counties of Anoka, Carver, Dakota, 
 21.2   Hennepin, Ramsey, Scott, and Washington. 
 21.3      Sec. 33.  [REPEALER.] 
 21.4      Minnesota Statutes 2002, section 473.123, subdivisions 2a 
 21.5   and 3a; and Minnesota Statutes 2003 Supplement, section 473.123, 
 21.6   subdivision 3, are repealed. 
 21.7      Laws 1994, chapter 628, article 1, section 8; and Laws 
 21.8   2003, chapter 8, section 2, are repealed. 
 21.9      Sec. 34.  [EFFECTIVE DATE.] 
 21.10     This act is effective for the state primary in 2004 and 
 21.11  thereafter, except that sections 29 and 30 are effective the day 
 21.12  following final enactment.