HF 1868

1st Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to elections; providing for periodic uniform 
  1.3             election days for state and local elections, other 
  1.4             than special elections to fill a vacancy; amending 
  1.5             Minnesota Statutes 2002, sections 205.10, subdivision 
  1.6             3; 205A.05, subdivision 1; 373.40, subdivision 2; 
  1.7             375.20; 458.40; 469.053, subdivision 5; 469.0724; 
  1.8             469.190, subdivision 5; 475.58, subdivisions 1, 1a; 
  1.9             475.59; Minnesota Statutes 2003 Supplement, sections 
  1.10            465.82, subdivision 2; 465.84; 475.521, subdivision 2; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapters 204D; 205; 205A; repealing Minnesota Statutes 
  1.13            2002, sections 204C.05, subdivisions 1a, 1b; 205.175; 
  1.14            205A.09. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1
  1.17               UNIFORM STATE AND LOCAL ELECTION DATES
  1.18     Section 1.  [204D.035] [PERIODIC UNIFORM ELECTION DAY.] 
  1.19     Subdivision 1.  [SHORT TITLE.] This section may be referred 
  1.20  to as the "Periodic Uniform Election Day Act of 2004." 
  1.21     Subd. 2.  [ELECTIONS COVERED.] This section applies to all 
  1.22  state, county, municipal, school district, and any other 
  1.23  political subdivision elections held in the state of Minnesota, 
  1.24  including elections conducted by mail and elections on ballot 
  1.25  questions, except for elections held to fill a vacancy in office 
  1.26  and required by statute to be held sooner than the next day 
  1.27  designated in subdivision 3.  
  1.28     Subd. 3.  [ELECTIONS ON DESIGNATED DAYS.] Notwithstanding 
  1.29  other law to the contrary, elections covered in subdivision 2 
  1.30  may be held only on the following days: 
  2.1      (1) the second Tuesday in March; 
  2.2      (2) the second Tuesday in June; 
  2.3      (3) the first Tuesday after the second Monday in September; 
  2.4   and 
  2.5      (4) the first Tuesday after the first Monday in November. 
  2.6      Subd. 4.  [PRIMARY DATE IF NOT SPECIFIED.] If other law 
  2.7   provides for a primary to take place for a particular office but 
  2.8   does not specify the date of the primary, the primary may be 
  2.9   held on one of the days specified in subdivision 3, clauses (1) 
  2.10  to (3).  The general election for the office must be held on the 
  2.11  date listed in subdivision 3 that immediately follows the date 
  2.12  chosen for the primary. 
  2.13     Subd. 5.  [UNIFORM ELECTION TIMES AND POLLING PLACES.] An 
  2.14  election held in a jurisdiction on one of the days specified in 
  2.15  subdivision 3 must be held at the same polling places and during 
  2.16  the same hours as the state general election, except that 
  2.17  polling places may be changed if a municipality has consolidated 
  2.18  precincts or redrawn a precinct to place the former polling 
  2.19  place in another precinct. 
  2.20     Subd. 6.  [APPLICABLE LAWS.] Except as otherwise provided 
  2.21  by this section, Minnesota election law remains applicable to 
  2.22  elections held on any of the days listed in subdivision 3. 
  2.23     Sec. 2.  [EFFECTIVE DATE.] 
  2.24     This article is effective January 1, 2005. 
  2.25                             ARTICLE 2
  2.26                       CONFORMING AMENDMENTS
  2.27     Section 1.  Minnesota Statutes 2002, section 205.10, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [PROHIBITION.] No A special election authorized 
  2.30  under subdivision 1 may be held within 40 days after the state 
  2.31  general election only on one of the dates specified in section 
  2.32  204D.035, subdivision 3. 
  2.33     Sec. 2.  [205.176] [VOTING HOURS.] 
  2.34     In all municipal elections the hours for voting shall be as 
  2.35  provided by section 204C.05. 
  2.36     Sec. 3.  Minnesota Statutes 2002, section 205A.05, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [QUESTIONS.] Special elections must be held 
  3.3   for a school district on a question on which the voters are 
  3.4   authorized by law to pass judgment.  The school board may on its 
  3.5   own motion call a special election to vote on any matter 
  3.6   requiring approval of the voters of a district.  Upon petition 
  3.7   of 50 or more voters of the school district or five percent of 
  3.8   the number of voters voting at the preceding regular school 
  3.9   district election, the school board shall by resolution call a 
  3.10  special election to vote on any matter requiring approval of the 
  3.11  voters of a district.  A question is carried only with the 
  3.12  majority in its favor required by law.  The election officials 
  3.13  for a special election are the same as for the most recent 
  3.14  school district general election unless changed according to 
  3.15  law.  Otherwise, special elections must be conducted and the 
  3.16  returns made in the manner provided for the school district 
  3.17  general election.  A special election may not be held during the 
  3.18  30 days before and the 30 days after the state primary, during 
  3.19  the 30 days before and the 40 days after the state general 
  3.20  election.  In addition, a special election may not be held 
  3.21  during the 20 days before and the 20 days after any regularly 
  3.22  scheduled election of a municipality wholly or partially within 
  3.23  the school district.  A special election under this subdivision 
  3.24  must be held only on one of the dates specified in section 
  3.25  204D.035, subdivision 3.  Notwithstanding any other law to the 
  3.26  contrary, the time period in which a special election must be 
  3.27  conducted under any other law may be extended by the school 
  3.28  board to conform with the requirements of this subdivision. 
  3.29     Sec. 4.  [205A.095] [HOURS FOR VOTING.] 
  3.30     The hours for voting in school district elections shall be 
  3.31  as provided by section 204C.05. 
  3.32     Sec. 5.  Minnesota Statutes 2002, section 373.40, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 
  3.35  issued by a county to finance capital improvements under an 
  3.36  approved capital improvement plan are not subject to the 
  4.1   election requirements of section 375.18 or 475.58.  The bonds 
  4.2   must be approved by vote of at least three-fifths of the members 
  4.3   of the county board.  In the case of a metropolitan county, the 
  4.4   bonds must be approved by vote of at least two-thirds of the 
  4.5   members of the county board. 
  4.6      (b) Before issuance of bonds qualifying under this section, 
  4.7   the county must publish a notice of its intention to issue the 
  4.8   bonds and the date and time of a hearing to obtain public 
  4.9   comment on the matter.  The notice must be published in the 
  4.10  official newspaper of the county or in a newspaper of general 
  4.11  circulation in the county.  The notice must be published at 
  4.12  least 14, but not more than 28, days before the date of the 
  4.13  hearing. 
  4.14     (c) A county may issue the bonds only upon obtaining the 
  4.15  approval of a majority of the voters voting on the question of 
  4.16  issuing the obligations, if a petition requesting a vote on the 
  4.17  issuance is signed by voters equal to five percent of the votes 
  4.18  cast in the county in the last general election and is filed 
  4.19  with the county auditor within 30 days after the public 
  4.20  hearing.  The commissioner of revenue shall prepare a suggested 
  4.21  form of the question to be presented at the election.  The 
  4.22  election may be held only on one of the dates specified in 
  4.23  section 204D.035, subdivision 3. 
  4.24     Sec. 6.  Minnesota Statutes 2002, section 375.20, is 
  4.25  amended to read: 
  4.26     375.20 [BALLOT QUESTIONS.] 
  4.27     If the county board may do an act, incur a debt, 
  4.28  appropriate money for a purpose, or exercise any other power or 
  4.29  authority, only if authorized by a vote of the people, the 
  4.30  question may be submitted at a special or general election, by a 
  4.31  resolution specifying the matter or question to be voted upon. 
  4.32  If the question is to authorize the appropriation of money, 
  4.33  creation of a debt, or levy of a tax, it shall state the 
  4.34  amount.  Notice of the election shall be given as in the case of 
  4.35  special elections.  If the question submitted is adopted, the 
  4.36  board shall pass an appropriate resolution to carry it into 
  5.1   effect.  In the election the form of the ballot shall be:  "In 
  5.2   favor of (here state the substance of the resolution to be 
  5.3   submitted), Yes ......  No......," with a square opposite each 
  5.4   of the words "yes" and "no," in one of which the voter shall 
  5.5   mark an "X" to indicate a choice.  The county board may call a 
  5.6   special county election upon a question to be held within 60 
  5.7   days on any date specified by section 204D.035, subdivision 3, 
  5.8   after a resolution to that effect is adopted by the county 
  5.9   board.  Upon the adoption of the resolution the county auditor 
  5.10  shall post and publish notices of the election, as required by 
  5.11  section 204D.22, subdivisions 2 and 3.  The election shall be 
  5.12  conducted and the returns canvassed in the manner prescribed by 
  5.13  sections 204D.20 to 204D.27, so far as practicable. 
  5.14     Sec. 7.  Minnesota Statutes 2002, section 458.40, is 
  5.15  amended to read: 
  5.16     458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 
  5.17     If a charter adopted under the Minnesota Constitution, 
  5.18  article IV, section 36, article XI, section 4, or article XII, 
  5.19  section 5, has a provision that requires the question of the 
  5.20  issuance of bonds to be submitted to the electors, the provision 
  5.21  prevails over sections 458.36 to 458.40.  The question must be 
  5.22  submitted to the voters on one of the dates specified in section 
  5.23  204D.035, subdivision 3, notwithstanding any contrary provision 
  5.24  in the charter regarding the date of submission. 
  5.25     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  5.26  465.82, subdivision 2, is amended to read: 
  5.27     Subd. 2.  [CONTENTS OF PLAN.] The plan must state:  
  5.28     (1) the specific cooperative activities the units will 
  5.29  engage in during the first two years of the venture; 
  5.30     (2) the steps to be taken to effect the merger of the 
  5.31  governmental units, with completion no later than four years 
  5.32  after the process begins; 
  5.33     (3) the steps by which a single governing body will be 
  5.34  created or, when the entire territory of a unit will be 
  5.35  apportioned between or among two or more units contiguous to the 
  5.36  unit that is to be apportioned, the steps to be taken by the 
  6.1   governing bodies of the remaining units to provide for 
  6.2   representation of the residents of the apportioned unit; 
  6.3      (4) changes in services provided, facilities used, and 
  6.4   administrative operations and staffing required to effect the 
  6.5   preliminary cooperative activities and the final merger, and a 
  6.6   two-, five-, and ten-year projection of expenditures for each 
  6.7   unit if it combined and if it remained separate; 
  6.8      (5) treatment of employees of the merging governmental 
  6.9   units, specifically including provisions for reassigning 
  6.10  employees, dealing with exclusive representatives, and providing 
  6.11  financial incentives to encourage early retirements; 
  6.12     (6) financial arrangements for the merger, specifically 
  6.13  including responsibility for debt service on outstanding 
  6.14  obligations of the merging units; 
  6.15     (7) one- and two-year impact analyses, prepared by the 
  6.16  granting state agency at the request of the local government 
  6.17  unit, of major state aid revenues received for each unit if it 
  6.18  combined and if it remained separate, including an impact 
  6.19  analysis, prepared by the Department of Revenue, of any property 
  6.20  tax revenue implications associated with tax increment financing 
  6.21  districts and fiscal disparities under chapter 276A or 473F 
  6.22  resulting from the merger; 
  6.23     (8) procedures for a referendum to be held on a date 
  6.24  specified in section 204D.035, subdivision 3, before the 
  6.25  proposed combination to approve combining the local government 
  6.26  units, specifically stating whether a majority of those voting 
  6.27  in each district proposed for combination or a majority of those 
  6.28  voting on the question in the entire area proposed for 
  6.29  combination is needed to pass the referendum; and 
  6.30     (9) a time schedule for implementation. 
  6.31     Notwithstanding clause (3) or any other law to the 
  6.32  contrary, all current members of the governing bodies of the 
  6.33  local government units that propose to combine under sections 
  6.34  465.81 to 465.86 may serve on the initial governing body of the 
  6.35  combined unit until a gradual reduction in membership is 
  6.36  achieved by foregoing election of new members when terms expire 
  7.1   until the number permitted by other law is reached. 
  7.2      Sec. 9.  Minnesota Statutes 2003 Supplement, section 
  7.3   465.84, is amended to read: 
  7.4      465.84 [REFERENDUM.] 
  7.5      During the first or second year of cooperation, a 
  7.6   referendum on the question of combination must be conducted.  
  7.7   The referendum must be on a date specified by section 204D.035, 
  7.8   subdivision 3, and called by the governing bodies of the units 
  7.9   that propose to combine.  The referendum must be conducted 
  7.10  according to the Minnesota Election Law, as defined in section 
  7.11  200.01.  If the referendum fails, the same question or a 
  7.12  modified question may be submitted the following year.  If the 
  7.13  referendum fails again, the same question may not be submitted.  
  7.14  Referendums shall be conducted on the same date in all local 
  7.15  government units. 
  7.16     Sec. 10.  Minnesota Statutes 2002, section 469.053, 
  7.17  subdivision 5, is amended to read: 
  7.18     Subd. 5.  [REVERSE REFERENDUM.] A city may increase its 
  7.19  levy for port authority purposes under subdivision 4 only as 
  7.20  provided in this subdivision.  Its city council must first pass 
  7.21  a resolution stating the proposed amount of levy increase.  The 
  7.22  city must then publish the resolution together with a notice of 
  7.23  public hearing on the resolution for two successive weeks in its 
  7.24  official newspaper or, if none exists, in a newspaper of general 
  7.25  circulation in the city.  The hearing must be held two to four 
  7.26  weeks after the first publication.  After the hearing, the city 
  7.27  council may decide to take no action or may adopt a resolution 
  7.28  authorizing the proposed increase or a lesser increase.  A 
  7.29  resolution authorizing an increase must be published in the 
  7.30  city's official newspaper or, if none exists, in a newspaper of 
  7.31  general circulation in the city.  The resolution is not 
  7.32  effective if a petition requesting a referendum on the 
  7.33  resolution is filed with the city clerk within 30 days of 
  7.34  publication of the resolution.  The petition must be signed by 
  7.35  voters equaling five percent of the votes cast in the city in 
  7.36  the last general election.  The resolution is effective if 
  8.1   approved by a majority of those voting on the question.  The 
  8.2   commissioner of revenue shall prepare a suggested form of 
  8.3   referendum question.  The referendum must be held at a special 
  8.4   or general election before October 1 on a date specified in 
  8.5   section 204D.035, subdivision 3, of the year for which the levy 
  8.6   increase is proposed. 
  8.7      Sec. 11.  Minnesota Statutes 2002, section 469.0724, is 
  8.8   amended to read: 
  8.9      469.0724 [GENERAL OBLIGATION BONDS.] 
  8.10     The port authority of Cannon Falls or Redwood Falls must 
  8.11  not proceed with the sale of general obligation tax supported 
  8.12  bonds until the city council by resolution approves the proposed 
  8.13  issuance.  The resolution must be published in the official 
  8.14  newspaper.  If, within 30 days after the publication, a petition 
  8.15  signed by voters equal in number to ten percent of the number of 
  8.16  voters at the last regular city election is filed with the city 
  8.17  clerk, the city and port authority must not issue the general 
  8.18  obligation tax supported bonds until the proposition has been 
  8.19  approved by a majority of the votes cast on the question at a 
  8.20  regular or special election held on one of the dates specified 
  8.21  in section 204D.035, subdivision 3. 
  8.22     Sec. 12.  Minnesota Statutes 2002, section 469.190, 
  8.23  subdivision 5, is amended to read: 
  8.24     Subd. 5.  [REVERSE REFERENDUM.] If the county board passes 
  8.25  a resolution under subdivision 4 to impose the tax, the 
  8.26  resolution must be published for two successive weeks in a 
  8.27  newspaper of general circulation within the unorganized 
  8.28  territory, together with a notice fixing a date for a public 
  8.29  hearing on the proposed tax. 
  8.30     The hearing must be held not less than two weeks nor more 
  8.31  than four weeks after the first publication of the notice.  
  8.32  After the public hearing, the county board may determine to take 
  8.33  no further action, or may adopt a resolution authorizing the tax 
  8.34  as originally proposed or approving a lesser rate of tax.  The 
  8.35  resolution must be published in a newspaper of general 
  8.36  circulation within the unorganized territory.  The voters of the 
  9.1   unorganized territory may request a referendum on the proposed 
  9.2   tax by filing a petition with the county auditor within 30 days 
  9.3   after the resolution is published.  The petition must be signed 
  9.4   by voters who reside in the unorganized territory.  The number 
  9.5   of signatures must equal at least five percent of the number of 
  9.6   persons voting in the unorganized territory in the last general 
  9.7   election.  If such a petition is timely filed, the resolution is 
  9.8   not effective until it has been submitted to the voters residing 
  9.9   in the unorganized territory at a general or special 
  9.10  election held on one of the dates specified in section 204D.035, 
  9.11  subdivision 3, and a majority of votes cast on the question of 
  9.12  approving the resolution are in the affirmative.  The 
  9.13  commissioner of revenue shall prepare a suggested form of 
  9.14  question to be presented at the referendum.  
  9.15     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  9.16  475.521, subdivision 2, is amended to read: 
  9.17     Subd. 2.  [ELECTION REQUIREMENT.] (a) Bonds issued by a 
  9.18  city to finance capital improvements under an approved capital 
  9.19  improvements plan are not subject to the election requirements 
  9.20  of section 475.58.  The bonds are subject to the net debt limits 
  9.21  under section 475.53.  The bonds must be approved by an 
  9.22  affirmative vote of three-fifths of the members of a five-member 
  9.23  city council.  In the case of a city council having more than 
  9.24  five members, the bonds must be approved by a vote of at least 
  9.25  two-thirds of the city council. 
  9.26     (b) Before the issuance of bonds qualifying under this 
  9.27  section, the city must publish a notice of its intention to 
  9.28  issue the bonds and the date and time of the hearing to obtain 
  9.29  public comment on the matter.  The notice must be published in 
  9.30  the official newspaper of the city or in a newspaper of general 
  9.31  circulation in the city.  Additionally, the notice may be posted 
  9.32  on the official Web site, if any, of the city.  The notice must 
  9.33  be published at least 14 but not more than 28 days before the 
  9.34  date of the hearing. 
  9.35     (c) A city may issue the bonds only after obtaining the 
  9.36  approval of a majority of the voters voting on the question of 
 10.1   issuing the obligations, if a petition requesting a vote on the 
 10.2   issuance is signed by voters equal to five percent of the votes 
 10.3   cast in the city in the last general election and is filed with 
 10.4   the city clerk within 30 days after the public hearing.  The 
 10.5   commissioner of revenue shall prepare a suggested form of the 
 10.6   question to be presented at the election.  The election must be 
 10.7   held on one of the dates specified by section 204D.035, 
 10.8   subdivision 3. 
 10.9      Sec. 14.  Minnesota Statutes 2002, section 475.58, 
 10.10  subdivision 1, is amended to read: 
 10.11     Subdivision 1.  [APPROVAL BY ELECTORS; EXCEPTIONS.] 
 10.12  Obligations authorized by law or charter may be issued by any 
 10.13  municipality upon obtaining the approval of a majority of the 
 10.14  electors voting at a special or general election held on one of 
 10.15  the dates specified in section 204D.035, subdivision 3, on the 
 10.16  question of issuing the obligations, but an election shall not 
 10.17  be required to authorize obligations issued: 
 10.18     (1) to pay any unpaid judgment against the municipality; 
 10.19     (2) for refunding obligations; 
 10.20     (3) for an improvement or improvement program, which 
 10.21  obligation is payable wholly or partly from the proceeds of 
 10.22  special assessments levied upon property specially benefited by 
 10.23  the improvement or by an improvement within the improvement 
 10.24  program, or of taxes levied upon the increased value of property 
 10.25  within a district for the development of which the improvement 
 10.26  is undertaken, including obligations which are the general 
 10.27  obligations of the municipality, if the municipality is entitled 
 10.28  to reimbursement in whole or in part from the proceeds of such 
 10.29  special assessments or taxes and not less than 20 percent of the 
 10.30  cost of the improvement or the improvement program is to be 
 10.31  assessed against benefited property or is to be paid from the 
 10.32  proceeds of federal grant funds or a combination thereof, or is 
 10.33  estimated to be received from such taxes within the district; 
 10.34     (4) payable wholly from the income of revenue producing 
 10.35  conveniences; 
 10.36     (5) under the provisions of a home rule charter which 
 11.1   permits the issuance of obligations of the municipality without 
 11.2   election; 
 11.3      (6) under the provisions of a law which permits the 
 11.4   issuance of obligations of a municipality without an election; 
 11.5      (7) to fund pension or retirement fund liabilities pursuant 
 11.6   to section 475.52, subdivision 6; 
 11.7      (8) under a capital improvement plan under section 373.40; 
 11.8   and 
 11.9      (9) under sections 469.1813 to 469.1815 (property tax 
 11.10  abatement authority bonds), if the proceeds of the bonds are not 
 11.11  used for a purpose prohibited under section 469.176, subdivision 
 11.12  4g, paragraph (b). 
 11.13     Sec. 15.  Minnesota Statutes 2002, section 475.58, 
 11.14  subdivision 1a, is amended to read: 
 11.15     Subd. 1a.  [RESUBMISSION LIMITATION.] If the electors do 
 11.16  not approve the issuing of obligations at an election required 
 11.17  by subdivision 1, the question of authorizing the obligations 
 11.18  for the same purpose and in the same amount may not be submitted 
 11.19  to the electors within a period of until a special or general 
 11.20  election held on a date specified in section 204D.035, 
 11.21  subdivision 3, and not sooner than 180 days from the date the 
 11.22  election was held.  If the question of authorizing the 
 11.23  obligations for the same purpose and in the same amount is not 
 11.24  approved a second time it may not be submitted to the electors 
 11.25  within a period of one year after the second election. 
 11.26     Sec. 16.  Minnesota Statutes 2002, section 475.59, is 
 11.27  amended to read: 
 11.28     475.59 [MANNER OF SUBMISSION; NOTICE.] 
 11.29     When the governing body of a municipality resolves to issue 
 11.30  bonds for any purpose requiring the approval of the electors, it 
 11.31  shall provide for submission of the proposition of their 
 11.32  issuance at a general or special election held on a date 
 11.33  specified by section 204D.035, subdivision 3, or at a town or 
 11.34  school district meeting.  Notice of such election or meeting 
 11.35  shall be given in the manner required by law and shall state the 
 11.36  maximum amount and the purpose of the proposed issue.  In any 
 12.1   school district, the school board or board of education may, 
 12.2   according to its judgment and discretion, submit as a single 
 12.3   ballot question or as two or more separate questions in the 
 12.4   notice of election and ballots the proposition of their issuance 
 12.5   for any one or more of the following, stated conjunctively or in 
 12.6   the alternative:  acquisition or enlargement of sites, 
 12.7   acquisition, betterment, erection, furnishing, equipping of one 
 12.8   or more new schoolhouses, remodeling, repairing, improving, 
 12.9   adding to, betterment, furnishing, equipping of one or more 
 12.10  existing schoolhouses.  In any city, town, or county, the 
 12.11  governing body may, according to its judgment and discretion, 
 12.12  submit as a single ballot question or as two or more separate 
 12.13  questions in the notice of election and ballots the proposition 
 12.14  of their issuance, stated conjunctively or in the alternative, 
 12.15  for the acquisition, construction, or improvement of any 
 12.16  facilities at one or more locations. 
 12.17     Sec. 17.  [REPEALER.] 
 12.18     Minnesota Statutes 2002, sections 204C.05, subdivisions 1a 
 12.19  and 1b; 205.175; and 205A.09, are repealed. 
 12.20     Sec. 18.  [EFFECTIVE DATE.] 
 12.21     This article is effective January 1, 2005.