2005 Minnesota Statutes

     351.16 Petition; review. 

    Subdivision 1.    Form of petition.  Any registered 
 voter may petition the county auditor requesting a removal 
 election and setting forth facts which allege with specificity 
 that an elected county official committed malfeasance or 
 nonfeasance in the performance of official duties during the 
 current or any previous term in the office held by the elected 
 county official, except that a petition may not be submitted 
 during the 180 days immediately preceding a general election for 
 the office which is held by the county official named in the 
 petition.  The petitioner must attach to the petition documents 
 which contain the signatures of supporters who are registered 
 voters totaling at least 25 percent of the number of persons who 
 voted in the preceding election for the office which is held by 
 the county official named in the petition.  Each page on which 
 signatures are included must clearly identify the purpose of the 
 petition.  The registered voters must be residents of the county 
 or, in a removal election involving a county commissioner, of 
 the commissioner district which elected the named county 
 commissioner.  The signatures of supporters must be on forms 
 provided by the county auditor.  

    Subd. 2.    County auditor's duties.  The county auditor 
 shall examine the petition to determine whether it contains the 
 requisite number of valid signatures of registered voters.  If 
 so, the county auditor shall forward the petition, but not the 
 signatures, to the clerk of appellate courts within 15 days of 
 receipt of the petition.  If the county auditor determines that 
 the petition does not include the requisite number of 
 signatures, the county auditor shall deny the petition within 15 
 days of receipt of the petition.  

    Subd. 3.    Removal of county auditor.  If the county 
 auditor is the named elected county official, the petition must 
 be submitted to the chair of the county board of commissioners 
 who shall appoint a county official to perform the duties of the 
 county auditor specified in sections 351.14 to 351.23. 

    Subd. 4.    Limitation.  An elected county official is 
 not subject to a removal election on the ground that misfeasance 
 in the performance of official duties was committed, or on the 
 ground of disagreement with actions taken that were within the 
 lawful discretion of the elected county official.  

    HIST: 1986 c 418 s 3