1.1 	A bill for an act
1.2 	relating to elections; modifying timeline for when a special election is required to 
1.3 	fill a vacancy on a school board; authorizing recall elections for school board 
1.4 	members; amending Minnesota Statutes 2014, sections 123B.09, by adding a 
1.5 	subdivision; 351.14, by adding a subdivision; 351.15; 351.16, subdivisions 1, 2; 
1.6 	351.17; 351.18; 351.19, subdivisions 2, 4; 351.20; 351.21; 351.22, subdivisions 
1.7 	1, 2; repealing Minnesota Statutes 2015 Supplement, sections 123B.09, 
1.8 	subdivision 5a; 123B.095.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2014, section 123B.09, is amended by adding a 
1.11 	subdivision to read:
1.12 		Subd. 5b.Appointments to fill vacancies; special elections. (a) Except as provided 
1.13 	in paragraph (b), any vacancy on the board, other than a vacancy described in subdivision 4, 
1.14 	must be filled by board appointment at a regular or special meeting. The appointment shall 
1.15 	be evidenced by a resolution entered in the minutes and shall continue until an election is 
1.16 	held under this subdivision. All elections to fill vacancies shall be for the unexpired term. 
1.17 	If the vacancy occurs 21 days before the first day to file affidavits of candidacy for the next 
1.18 	school district general election and more than two years remain in the unexpired term, 
1.19 	a special election shall be held in conjunction with the school district general election. 
1.20 	The appointed person shall serve until the qualification of the successor elected to fill the 
1.21 	unexpired part of the term at that special election. If the vacancy occurs later than 21 days 
1.22 	before the first day to file affidavits of candidacy for the school district general election, or 
1.23 	when less than two years remain in the unexpired term, there shall be no special election 
1.24 	to fill the vacancy and the appointed person shall serve the remainder of the unexpired 
1.25 	term and until a successor is elected and qualifies at the school district election.
2.1 	(b) When a vacancy is created by the removal of a board member pursuant to 
2.2 	subdivision 9, the vacancy must be filled in the manner described in paragraph (a) except 
2.3 	that a special election must be held to fill the vacancy if more than one year remains on 
2.4 	the unexpired term.

2.5 	Sec. 2. Minnesota Statutes 2014, section 351.14, is amended by adding a subdivision 
2.6 	to read:
2.7 		Subd. 6.Filing official. "Filing official" means:
2.8 	(1) the county auditor for county offices; or
2.9 	(2) the school board election clerk for school board members.

2.10 	Sec. 3. Minnesota Statutes 2014, section 351.15, is amended to read:
2.11 	351.15 REMOVAL OF ELECTED COUNTY LOCAL OFFICIAL.
2.12 	An elected county official or school board member may be removed from office in 
2.13 	accordance with the procedures established in sections 351.14 to 351.23.

2.14 	Sec. 4. Minnesota Statutes 2014, section 351.16, subdivision 1, is amended to read:
2.15 		Subdivision 1.Form of petition. Any registered voter may petition the county 
2.16 	auditor filing official requesting a removal election and setting forth facts which that
2.17 	allege with specificity that:
2.18 	(1) an elected county official committed malfeasance or nonfeasance in the 
2.19 	performance of official duties; or 
2.20 	(2) a school board member committed malfeasance or nonfeasance in the 
2.21 	performance of official duties, or failed to conform to or uphold the intent and purpose of 
2.22 	a school board adopted policy.
2.23 	The petition must allege acts that occurred during the current or any previous term in 
2.24 	the office held by the elected county official or school board member, except that a petition 
2.25 	may not be submitted during the 180 days immediately preceding a general election 
2.26 	for the office which that is held by the elected county official or school board member 
2.27 	named in the petition. The petitioner must attach to the petition documents which contain 
2.28 	the signatures of supporters who are registered voters totaling at least 25 percent of the 
2.29 	number of persons who voted in the preceding election for the office which is held by 
2.30 	the elected county official or school board member named in the petition. Each page 
2.31 	on which signatures are included must clearly identify the purpose of the petition. In a 
2.32 	removal election involving a countywide office, the registered voters must be residents 
2.33 	of the county or,. In a removal election involving a county commissioner, the registered 
3.1 	voters must be residents of the commissioner district which elected the named county 
3.2 	commissioner. In a removal election involving a school board member, the registered 
3.3 	voters must be residents of the school district. The signatures of supporters must be on 
3.4 	forms provided by the county auditor filing official.

3.5 	Sec. 5. Minnesota Statutes 2014, section 351.16, subdivision 2, is amended to read:
3.6 		Subd. 2.County auditor'sFiling official's duties. The county auditorfiling official 
3.7 	shall examine the petition to determine whether it contains the requisite number of valid 
3.8 	signatures of registered voters. If so, the county auditorfiling official shall forward the 
3.9 	petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt 
3.10 	of the petition. If the county auditorfiling official determines that the petition does not 
3.11 	include the requisite number of signatures, the county auditor filing official shall deny the 
3.12 	petition within 15 days of receipt of the petition.

3.13 	Sec. 6. Minnesota Statutes 2014, section 351.17, is amended to read:
3.14 	351.17 CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER.
3.15 	The clerk of appellate courts shall submit the petition to the chief justice. The chief 
3.16 	justice shall review the petition to determine whether the petition properly alleges facts 
3.17 	which, if proven, constitute malfeasance or nonfeasance in the performance of official 
3.18 	duties establish grounds for removal under section 351.16, subdivision 1, clause (1) or 
3.19 	(2). If the petition properly contains sufficient factual allegations of malfeasance or 
3.20 	nonfeasance, the chief justice shall assign the case to a special master for a public hearing. 
3.21 	The special master must be an active or retired judge. The chief justice may issue an order 
3.22 	denying the petition if it appears that the petition does not contain allegations which, 
3.23 	if proven, constitute malfeasance or nonfeasance in the performance of official duties
3.24 	establish proper grounds for removal.

3.25 	Sec. 7. Minnesota Statutes 2014, section 351.18, is amended to read:
3.26 	351.18 WAIVER.
3.27 	An elected county official or school board member who is the subject of a petition 
3.28 	under section 351.16 may waive in writing the right to a public hearing. If the hearing is 
3.29 	waived, the case must be certified by order of the chief justice to the county auditor filing 
3.30 	official for a removal election to be held within 30 days of the receipt of the order.

3.31 	Sec. 8. Minnesota Statutes 2014, section 351.19, subdivision 2, is amended to read:
4.1 		Subd. 2.Determinations by special master. The special master shall take evidence 
4.2 	at a public hearing under this section and determine:
4.3 	(1) whether the petitioners have shown by clear and convincing evidence that the 
4.4 	factual allegations of malfeasance or nonfeasance establishing grounds for a removal are 
4.5 	true; and
4.6 	(2) if so, whether the facts found to be true constitute malfeasance or nonfeasance
4.7 	sufficient grounds for removal under section 351.16, subdivision 1, clause (1) or (2).
4.8 	The special master shall dismiss the petition at any time if it appears that this 
4.9 	standard has not been met.

4.10 	Sec. 9. Minnesota Statutes 2014, section 351.19, subdivision 4, is amended to read:
4.11 		Subd. 4.Legal counsel. (a) In a removal election involving an elected county 
4.12 	official, the petitioners and the elected county official shall be represented by legal counsel 
4.13 	at their own expense, and shall pay their costs associated with the hearing except that the 
4.14 	county may assume the legal costs incurred by the elected county official. The county 
4.15 	shall pay all other costs of the hearing.
4.16 	(b) In a removal election involving a school board member, the petitioners and the 
4.17 	school board member shall be represented by legal counsel at their own expense and shall 
4.18 	pay their costs associated with the hearing, except that the school district may assume the 
4.19 	legal costs incurred by the school board member. The school district shall pay all other 
4.20 	costs of the hearing.

4.21 	Sec. 10. Minnesota Statutes 2014, section 351.20, is amended to read:
4.22 	351.20 DECISION; CERTIFICATION.
4.23 	If the special master determines that the elected county official or school board 
4.24 	member committed malfeasance or nonfeasance in the performance of official duties acts 
4.25 	that establish grounds for removal, the case must be certified to the county auditorfiling 
4.26 	official for a removal election on a date to be fixed by the county auditorfiling official 
4.27 	and held within 30 days of the order of the special master.

4.28 	Sec. 11. Minnesota Statutes 2014, section 351.21, is amended to read:
4.29 	351.21 APPEAL.
4.30 	An The elected county official or school board member may appeal the decision of a 
4.31 	special master under section 351.20 to the Supreme Court within ten days. The removal 
4.32 	election is stayed until 20 days after the Supreme Court issues a decision on the appeal. 
4.33 	The Supreme Court shall grant an expedited appeal.

5.1 	Sec. 12. Minnesota Statutes 2014, section 351.22, subdivision 1, is amended to read:
5.2 		Subdivision 1.Majority vote; form of question. (a) An elected county official or 
5.3 	school board member may be removed pursuant to sections 351.14 to 351.23 by majority 
5.4 	vote. TheA removal election for an elected county official is a special election conducted 
5.5 	under applicable provisions of section 375.20. A removal election for a school board 
5.6 	member is a special election conducted under applicable provisions of chapter 205A. 
5.7 	(b) The question submitted to the voters must be:
5.8 	"Should .................................................. (Name) elected (appointed) to the office of 
5.9 	.............................................. (title) be removed from that office?

5.10		Yes 
........		
5.11		No 
........	"
	
5.12 	Any resulting vacancy must be filled as provided by law.

5.13 	Sec. 13. Minnesota Statutes 2014, section 351.22, subdivision 2, is amended to read:
5.14 		Subd. 2.Disqualification. A removed county official or school board member may 
5.15 	not thereafter hold the same office for the remainder of the term to which the official 
5.16 	was elected.

5.17 	Sec. 14.  REPEALER.
 5.18 	Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; and 
5.19 	123B.095, are repealed.

5.20 	Sec. 15. EFFECTIVE DATE.
 5.21 	Sections 1 to 14 are effective the day following final enactment and apply to 
5.22 	incumbent officials and officials elected or appointed on or after that date.