HF 4287

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:24pm

A bill for an act
relating to school boards; modifying the requirements to fill a vacancy in the office
of school board member; amending Minnesota Statutes 2022, section 123B.09,
subdivision 5b.

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

Section 1.

Minnesota Statutes 2022, 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 deleted text begin (b) deleted text end new text begin (d) new text end . If the appointment becomes effective, it shall continue new text begin for the remainder
of the unexpired term or new text end until an election is held under this subdivision new text begin , as applicable new text end . 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. deleted text begin 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. 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.
deleted text end

new text begin (b) Notwithstanding paragraph (a), if the vacancy occurs less than two years prior to the
expiration of the term, no special election is required and the appointee of the board shall
serve for the remainder of the unexpired term, subject to paragraph (d).
new text end

new text begin (c) Notwithstanding paragraph (a), if the vacancy occurs less than 90 days prior to the
expiration of the term, the board may, but is not required to, fill the vacancy by board
appointment at a regular or special meeting.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end 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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to vacancies
occurring on or after that date.
new text end