SF 2390

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/02/2014 04:19 p.m.

1.1A bill for an act 1.2relating to elections; modifying provisions related to election administration; 1.3making technical changes to provisions related to voting, voter registration, 1.4ballots, and other election-related provisions;amending Minnesota Statutes 1.52012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.22; 1.6204B.09, subdivision 3; 204B.19, subdivision 2; 204C.08, subdivision 1d; 1.7204C.26, subdivision 1; 204D.13, subdivisions 1, 2; 204D.15, subdivision 1; 1.8205.07, subdivision 1a; 205.13, subdivision 1; 375A.12, subdivision 5; 412.091; 1.9Minnesota Statutes 2013 Supplement, sections 5B.06; 103C.311, subdivision 2; 1.10201.061, subdivision 3; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision 1.111; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C; 1.12repealing Minnesota Statutes 2012, section 201.016, subdivision 2. 1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14    Section 1. Minnesota Statutes 2013 Supplement, section 5B.06, is amended to read: 1.155B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT. 1.16A program participant who is otherwise eligible to vote may register with the 1.17secretary of state as a permanent absentee voter. Notwithstanding section 203B.04, 1.18subdivision 5, the secretary of state is not required to send an absentee ballot application 1.19prior to each election to a program participant registered as a permanent absentee voter 1.20under this section. As soon as practicable before each election, the secretary of state 1.21shall determine the precinct in which the residential address of the program participant 1.22is located and shall request from and receive from the county auditor or other election 1.23official the ballot for that precinct and shall forward the absentee ballot to the program 1.24participant with the other materials for absentee balloting as required by Minnesota 1.25law. The program participant shall complete the ballot and return it to the secretary of 1.26state, who shall review the ballot in the manner provided by section 203B.24 new text begin 203B.121, new text end 1.27 new text begin subdivision 2 new text end . If the ballot and ballot materials comply with the requirements of that 2.1section, the ballot must be certified by the secretary of state as the ballot of a program 2.2participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation 2.3along with all other ballots. The name and address of a program participant must not be 2.4listed in the statewide voter registration system. 2.5    Sec. 2. Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2, is 2.6amended to read: 2.7    Subd. 2. Supervisors elected by districts. new text begin (a) A district board in the seven-county new text end 2.8 new text begin metropolitan area shall by resolution provide that supervisors will be elected by supervisor new text end 2.9 new text begin districts as provided in this subdivision. new text end 2.10(a) The new text begin (b) A new text end district board new text begin outside of the seven-county metropolitan area new text end , with the 2.11approval of the state board, may by resolution provide that supervisors will be elected by 2.12supervisor districts as provided in this subdivision. 2.13(b) new text begin (c) new text end The supervisor districts must be composed of precincts established by 2.14county and municipal governing bodies under section 204B.14. The districts must be 2.15compact, include only contiguous territory, and be substantially equal in population. 2.16The districts must be numbered in a regular series. The districts must be drawn by the 2.17county board of the county containing the largest area of the soil and water conservation 2.18district, in consultation with the district board and with the approval of the state board. 2.19The boundaries of the districts must be redrawn after each decennial federal census as 2.20provided in section 204B.135. A certified copy of the resolution establishing supervisor 2.21districts must be filed by the chair of the district board with the county auditor of the 2.22counties where the soil and water conservation district is located, with the state board, and 2.23with the secretary of state, and the filings must occur within 80 days of the time when the 2.24legislature has been redistricted or at least 15 weeks before the state primary election in a 2.25year ending in two, whichever comes first. 2.26(c) new text begin (d) new text end Each supervisor district is entitled to elect one supervisor. A supervisor must 2.27be a resident of the district from which elected. 2.28(d) new text begin (e) new text end The district board shall provide staggered terms for supervisors elected by 2.29district. After each redistricting, there shall be a new election of supervisors in all the 2.30districts at the next general election, except that if the change made in the boundaries of a 2.31district is less than five percent of the average population of all the districts, the supervisor 2.32in office at the time of the redistricting shall serve for the full term for which elected. The 2.33district board shall determine by lot the seats to be filled for a two-year term, a four-year 2.34term, and a six-year term. 3.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015, and applies to new text end 3.2 new text begin elections conducted on or after that date. new text end 3.3    Sec. 3. Minnesota Statutes 2013 Supplement, section 201.061, subdivision 3, is 3.4amended to read: 3.5    Subd. 3. Election day registration. (a) An individual who is eligible to vote may 3.6register on election day by appearing in person at the polling place for the precinct in 3.7which the individual maintains residence, by completing a registration application, making 3.8an oath in the form prescribed by the secretary of state and providing proof of residence. 3.9An individual may prove residence for purposes of registering by: 3.10    (1) presenting a driver's license or Minnesota identification card issued pursuant 3.11to section 171.07; 3.12    (2) presenting any document approved by the secretary of state as proper 3.13identification; 3.14    (3) presenting one of the following: 3.15    (i) a current valid student identification card from a postsecondary educational 3.16institution in Minnesota, if a list of students from that institution has been prepared under 3.17section 135A.17 and certified to the county auditor in the manner provided in rules of 3.18the secretary of state; or 3.19    (ii) a current student fee statement that contains the student's valid address in the 3.20precinct together with a picture identification card; or 3.21    (4) having a voter who is registered to vote in the precinct, or who is an employee 3.22employed by and working in a residential facility in the precinct and vouching for a 3.23resident in the facility, sign an oath in the presence of the election judge vouching that 3.24the voter or employee personally knows that the individual is a resident of the precinct. 3.25A voter who has been vouched for on election day may not sign a proof of residence 3.26oath vouching for any other individual on that election day. A voter who is registered to 3.27vote in the precinct may sign up to eight proof-of-residence oaths on any election day. 3.28This limitation does not apply to an employee of a residential facility described in this 3.29clause. The secretary of state shall provide a form for election judges to use in recording 3.30the number of individuals for whom a voter signs proof-of-residence oaths on election 3.31day. The form must include space for the maximum number of individuals for whom a 3.32voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must 3.33include a statement that the voter new text begin individual: (i) new text end is registered to vote in the precinct new text begin or is an new text end 3.34 new text begin employee of a residential facility in the precinct new text end , new text begin (ii) new text end personally knows that the individual 4.1 new text begin voter new text end is a resident of the precinct, and new text begin (iii) new text end is making the statement on oath. The form must 4.2include a space for the voter's printed name, signature, telephone number, and address. 4.3    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 4.4attached to the voter registration application. 4.5    (b) The operator of a residential facility shall prepare a list of the names of its 4.6employees currently working in the residential facility and the address of the residential 4.7facility. The operator shall certify the list and provide it to the appropriate county auditor 4.8no less than 20 days before each election for use in election day registration. 4.9    (c) "Residential facility" means transitional housing as defined in section 256E.33, 4.10subdivision 1 ; a supervised living facility licensed by the commissioner of health under 4.11section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 4.125 ; a residence registered with the commissioner of health as a housing with services 4.13establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 4.14the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 4.15licensed by the commissioner of human services to provide a residential program as 4.16defined in section 245A.02, subdivision 14; a residential facility for persons with a 4.17developmental disability licensed by the commissioner of human services under section 4.18252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter 4.19for battered women as defined in section 611A.37, subdivision 4; or a supervised 4.20publicly or privately operated shelter or dwelling designed to provide temporary living 4.21accommodations for the homeless. 4.22    (d) For tribal band members, an individual may prove residence for purposes of 4.23registering by: 4.24    (1) presenting an identification card issued by the tribal government of a tribe 4.25recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 4.26contains the name, address, signature, and picture of the individual; or 4.27    (2) presenting an identification card issued by the tribal government of a tribe 4.28recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 4.29contains the name, signature, and picture of the individual and also presenting one of the 4.30documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 4.31    (e) A county, school district, or municipality may require that an election judge 4.32responsible for election day registration initial each completed registration application. 4.33    Sec. 4. Minnesota Statutes 2012, section 201.081, is amended to read: 4.34201.081 REGISTRATION FILES. 5.1     new text begin Subdivision 1. new text end new text begin Statewide registration system. new text end The statewide registration system 5.2is the official record of registered voters. The voter registration applications and the 5.3terminal providing access to the statewide registration system must be under the control 5.4of the county auditor or the public official to whom the county auditor has delegated 5.5the responsibility for maintaining voter registration records. The voter registration 5.6applications and terminals providing access to the statewide registration system must not 5.7be removed from the control of the county auditor except as provided in this section. 5.8The county auditor may make photographic copies of voter registration applications in 5.9the manner provided by section 138.17. 5.10    A properly completed voter registration application that has been submitted to the 5.11secretary of state or a county auditor must be maintained by the secretary of state or the 5.12county auditor for at least 22 months after the date that the information on the application 5.13is entered into the database of the statewide registration system. The secretary of state 5.14or the county auditor may dispose of the applications after retention for 22 months in 5.15the manner provided by section 138.17. 5.16     new text begin Subd. 2. new text end new text begin Exception. new text end new text begin The secretary of state may maintain voter records of new text end 5.17 new text begin participants of the Safe at Home program for the purposes of chapter 5B. new text end 5.18    Sec. 5. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read: 5.19    Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall 5.20prepare the master list for each county auditor. The records in the statewide registration 5.21system must be periodically corrected and updated by the county auditor. An updated 5.22master list for each precinct must be available for absentee voting at least 32 new text begin 46 new text end days 5.23before each election. A final corrected master list must be available seven days before 5.24each election. 5.25    Sec. 6. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read: 5.26    Subd. 4. Request for removal of voter record. If a voter makes a written request 5.27for removal of the voter's record, the county auditor shall remove new text begin inactivate new text end the record of 5.28the voter from new text begin in new text end the statewide voter registration system. 5.29    Sec. 7. Minnesota Statutes 2012, section 203B.22, is amended to read: 5.30203B.22 TRANSMITTING BALLOTS. 5.31     new text begin (a) new text end The county auditor shall transmit the appropriate ballots, as promptly as possible, 5.32to an absent voter whose application has been recorded under section 203B.19. If the 5.33county auditor determines that a voter is not eligible to vote at the primary but will be 6.1eligible to vote at the general election, only general election ballots shall be transmitted. 6.2Only one set of ballots shall be transmitted to any applicant for any election, except that 6.3the county auditor may transmit a replacement ballot to a voter whose ballot has been 6.4spoiled or lost in transit or whose mailing address has changed after the date on which 6.5the original application was submitted as confirmed by the county auditor. Ballots to be 6.6sent outside the United States shall be given priority in transmission. A county auditor 6.7may make use of any special service provided by the United States government for the 6.8transmission of voting materials under sections 203B.16 to 203B.27. 6.9     new text begin (b) The county auditor must transmit the appropriate ballots by express mail new text end 6.10 new text begin immediately upon discovery that the ballots were not properly transmitted to the voter as new text end 6.11 new text begin a result of the following circumstances: (1) an application was received by the county new text end 6.12 new text begin auditor by the close of business at least 46 days before the election; (2) the county auditor new text end 6.13 new text begin failed to transmit the appropriate ballots by the 46th day before the election; and (3) new text end 6.14 new text begin the voter did not request that the ballots be electronically transmitted to the voter under new text end 6.15 new text begin section 203B.225, subdivision 1. new text end 6.16    Sec. 8. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read: 6.17    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 6.18who wants write-in votes for the candidate to be counted must file a written request with 6.19the filing office for the office sought new text begin not more than 84 days before the primary and new text end no later 6.20than the seventh day before the general election. The filing officer shall provide copies 6.21of the form to make the request. 6.22    (b) A candidate for president of the United States who files a request under this 6.23subdivision must include the name of a candidate for vice-president of the United States. 6.24The request must also include the name of at least one candidate for presidential elector. The 6.25total number of names of candidates for presidential elector on the request may not exceed 6.26the total number of electoral votes to be cast by Minnesota in the presidential election. 6.27    (c) A candidate for governor who files a request under this subdivision must include 6.28the name of a candidate for lieutenant governor. 6.29    Sec. 9. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read: 6.30    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in 6.31paragraph (b), no individual shall be appointed as an election judge for any precinct if 6.32that individual: 6.33(1) is unable to read, write, or speak the English language; 7.1(2) is the spouse, new text begin ; new text end parent, new text begin including a stepparent; new text end child, including a stepchild, new text begin ; new text end or 7.2sibling, including a stepsibling, new text begin ; new text end of any election judge serving in the same precinct or of 7.3any candidate at that election; or 7.4(3) is a candidate at that election. 7.5(b) Individuals who are related to each other as provided in paragraph (a), clause (2), 7.6may serve as election judges in the same precinct, provided that they serve on separate 7.7shifts that do not run concurrently. 7.8    Sec. 10. Minnesota Statutes 2013 Supplement, section 204B.45, subdivision 2, is 7.9amended to read: 7.10    Subd. 2. Procedure. Notice of the election and the special mail procedure must 7.11be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 7.12days before a regularly scheduled election and not more than 30 days nor later than 14 7.13days before any other election, the auditor shall mail ballots by nonforwardable mail to 7.14all voters registered in the town or unorganized territory. No later than 14 days before 7.15the election, the auditor must make a subsequent mailing of ballots to those voters who 7.16register to vote after the initial mailing but before the 20th day before the election. 7.17Eligible voters not registered at the time the ballots are mailed may apply for ballots as 7.18provided in chapter 203B. Ballot return envelopes, with return postage provided, must 7.19be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in 7.20person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board 7.21to examine the mail and absentee ballot return envelopes and mark them "accepted" or 7.22"rejected" within three days of receipt if there are 14 or fewer days before election day, or 7.23within five days of receipt if there are more than 14 days before election day. The board 7.24may consist of deputy county auditors or deputy municipal clerks who have received 7.25training in the processing and counting of mail ballots, who need not be affiliated with 7.26a major political party. Election judges performing the duties in this section must be of 7.27different major political parties, unless they are exempt from that requirement under 7.28section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at 7.29least five days before the election, the ballots in the envelope must remain sealed and the 7.30auditor or clerk shall provide the voter with a replacement ballot and return envelope in 7.31place of the spoiled ballot. If the ballot is rejected within five days of the election, the 7.32envelope must remain sealed and the official in charge of the ballot board must attempt to 7.33contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 7.34rejected. The official must document the attempts made to contact the voter. 8.1If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 8.2indicate that the voter has already cast a ballot in that election. After the close of business 8.3on the fourth new text begin seventh new text end day before the election, the ballots from return envelopes marked 8.4"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, 8.5subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box. 8.6In all other respects, the provisions of the Minnesota Election Law governing 8.7deposit and counting of ballots apply. 8.8The mail and absentee ballots for a precinct must be counted together and reported 8.9as one vote total. No vote totals from mail or absentee ballots may be made public before 8.10the close of voting on election day. 8.11The costs of the mailing shall be paid by the election jurisdiction in which the voter 8.12resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 8.13    Sec. 11. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read: 8.14204B.46 MAIL ELECTIONS; QUESTIONS. 8.15    A county, municipality, or school district submitting questions to the voters at a 8.16special election may conduct an election by mail with no polling place other than the 8.17office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the 8.18election must be given to the county auditor at least 74 days prior to the election. This 8.19notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special 8.20mail ballot procedures must be posted at least six weeks prior to the election. Not more 8.21than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by 8.22nonforwardable mail to all voters registered in the county, municipality, or school district. 8.23No later than 14 days before the election, the auditor or clerk must make a subsequent 8.24mailing of ballots to those voters who register to vote after the initial mailing but before the 8.2520th day before the election. Eligible voters not registered at the time the ballots are mailed 8.26may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot 8.27board to examine the mail and absentee ballot return envelopes and mark them "Accepted" 8.28or "Rejected" within three days of receipt if there are 14 or fewer days before election day, 8.29or within five days of receipt if there are more than 14 days before election day. The board 8.30may consist of deputy county auditors, deputy municipal clerks, or deputy school district 8.31clerks who have received training in the processing and counting of mail ballots, who 8.32need not be affiliated with a major political party. Election judges performing the duties in 8.33this section must be of different major political parties, unless they are exempt from that 8.34requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has 8.35been rejected at least five days before the election, the ballots in the envelope must remain 9.1sealed and the auditor or clerk must provide the voter with a replacement ballot and return 9.2envelope in place of the spoiled ballot. If the ballot is rejected within five days of the 9.3election, the envelope must remain sealed and the official in charge of the ballot board must 9.4attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot 9.5has been rejected. The official must document the attempts made to contact the voter. 9.6If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 9.7indicate that the voter has already cast a ballot in that election. After the close of business 9.8on the fourth new text begin seventh new text end day before the election, the ballots from return envelopes marked 9.9"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, 9.10subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box. 9.11In all other respects, the provisions of the Minnesota Election Law governing 9.12deposit and counting of ballots apply. 9.13The mail and absentee ballots for a precinct must be counted together and reported 9.14as one vote total. No vote totals from ballots may be made public before the close of 9.15voting on election day. 9.16    Sec. 12. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read: 9.17    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to 9.18each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 9.19forth in this section. Before the hours of voting are scheduled to begin, the election judges 9.20shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 9.21of Rights is as follows: 9.22"VOTER'S BILL OF RIGHTS 9.23For all persons residing in this state who meet federal voting eligibility requirements: 9.24(1) You have the right to be absent from work for the purpose of voting new text begin in a state or new text end 9.25 new text begin federal election new text end without reduction to your pay, personal leave, or vacation time on election 9.26day for the time necessary to appear at your polling place, cast a ballot, and return to work. 9.27(2) If you are in line at your polling place any time before 8:00 p.m., you have the 9.28right to vote. 9.29(3) If you can provide the required proof of residence, you have the right to register 9.30to vote and to vote on election day. 9.31(4) If you are unable to sign your name, you have the right to orally confirm your 9.32identity with an election judge and to direct another person to sign your name for you. 9.33(5) You have the right to request special assistance when voting. 9.34(6) If you need assistance, you may be accompanied into the voting booth by a 9.35person of your choice, except by an agent of your employer or union or a candidate. 10.1(7) You have the right to bring your minor children into the polling place and into 10.2the voting booth with you. 10.3(8) If you have been convicted of a felony but your felony sentence has expired (been 10.4completed) or you have been discharged from your sentence, you have the right to vote. 10.5(9) If you are under a guardianship, you have the right to vote, unless the court 10.6order revokes your right to vote. 10.7(10) You have the right to vote without anyone in the polling place trying to 10.8influence your vote. 10.9(11) If you make a mistake or spoil your ballot before it is submitted, you have the 10.10right to receive a replacement ballot and vote. 10.11(12) You have the right to file a written complaint at your polling place if you are 10.12dissatisfied with the way an election is being run. 10.13(13) You have the right to take a sample ballot into the voting booth with you. 10.14(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 10.15booth with you." 10.16    Sec. 13. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read: 10.17    Subdivision 1. Summary statements. For state elections, each official responsible 10.18for printing ballots shall furnish three or more blank summary statement forms for the 10.19returns of those ballots for each precinct. At least two copies of the summary statement 10.20must be prepared for elections not held on the same day as the state elections. The blank 10.21summary statement forms shall be furnished at the same time and in the same manner as 10.22the ballots. The county auditor shall furnish blank summary statement forms containing 10.23separate space for the summary statement of the returns of the white new text begin state general election new text end 10.24 ballot and the summary statement of the returns for the state pink ballot. 10.25    Sec. 14. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read: 10.26    Subdivision 1. Order of offices. The candidates for partisan offices shall be placed 10.27on the white new text begin state general election new text end ballot in the following order: senator in Congress shall 10.28be first; representative in Congress, second; state senator, third; and state representative, 10.29fourth. The candidates for state offices shall follow in the order specified by the secretary 10.30of state. Candidates for governor and lieutenant governor shall appear so that a single 10.31vote may be cast for both offices. 10.32    Sec. 15. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read: 11.1    Subd. 2. Order of political parties. The first name printed for each partisan office 11.2on the white new text begin state general election new text end ballot shall be that of the candidate of the major political 11.3party that received the smallest average number of votes at the last state general election. 11.4The succeeding names shall be those of the candidates of the other major political parties 11.5that received a succeedingly higher average number of votes respectively. For the purposes 11.6of this subdivision, the average number of votes of a major political party shall be computed 11.7by dividing the total number of votes counted for all of the party's candidates for statewide 11.8office at the state general election by the number of those candidates at the election. 11.9    Sec. 16. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read: 11.10    Subdivision 1. Titles for constitutional amendments. The secretary of state shall 11.11provide an appropriate title for each question printed on the pink new text begin state general election new text end 11.12 ballot. The title shall be approved by the attorney general, and shall consist of not more 11.13than one printed line above the question to which it refers. At the top of the ballot just 11.14below the heading, a conspicuous notice shall be printed stating that a voter's failure to 11.15vote on a constitutional amendment has the effect of a negative vote. 11.16    Sec. 17. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read: 11.17    Subd. 1a. City council members; expiration of terms. The terms of all city 11.18council members of charter cities expire on the first Monday in January of the year in 11.19which they expire. new text begin All officers of charter cities chosen and qualified shall hold office until new text end 11.20 new text begin their successors qualify. new text end 11.21    Sec. 18. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read: 11.22    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to 11.23become a candidate for an office to be voted for at the municipal general election shall file 11.24an affidavit of candidacy with the municipal clerk. Candidates for a special election to 11.25fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 11.26of candidacy for the specific office to fill the unexpired portion of the term. Subject to 11.27the approval of the county auditor, the town clerk may authorize candidates for township 11.28offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 11.29substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 11.30shall also accept an application signed by not less than five voters and filed on behalf of an 11.31eligible voter in the municipality whom they desire to be a candidate, if service of a copy 11.32of the application has been made on the candidate and proof of service is endorsed on the 12.1application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 12.2of the candidate on the official ballot without partisan designation. 12.3    Sec. 19. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is 12.4amended to read: 12.5    Subdivision 1. Questions. new text begin (a) new text end Special elections must be held for a school district on 12.6a question on which the voters are authorized by law to pass judgment. The school board 12.7may on its own motion call a special election to vote on any matter requiring approval of 12.8the voters of a district. Upon petition filed with the school board of 50 or more voters of 12.9the school district or five percent of the number of voters voting at the preceding school 12.10district general election, whichever is greater, the school board shall by resolution call 12.11a special election to vote on any matter requiring approval of the voters of a district. 12.12A question is carried only with the majority in its favor required by law. The election 12.13officials for a special election are the same as for the most recent school district general 12.14election unless changed according to law. Otherwise, special elections must be conducted 12.15and the returns made in the manner provided for the school district general election. 12.16     new text begin (b) new text end A special election may not be held new text begin : new text end 12.17     new text begin (1) new text end during the 56 days before and the 56 days after a regularly scheduled primary or 12.18general election conducted wholly or partially within the school district. new text begin ; new text end 12.19     new text begin (2) on the date of a regularly scheduled town election in March conducted wholly new text end 12.20 new text begin or partially within the school district; or new text end 12.21     new text begin (3) during the 30 days before or the 30 days after a regularly scheduled town election new text end 12.22 new text begin in March conducted wholly or partially within the school district. new text end 12.23     new text begin (c) new text end Notwithstanding any other law to the contrary, the time period in which a special 12.24election must be conducted under any other law may be extended by the school board to 12.25conform with the requirements of this subdivision. 12.26    Sec. 20. new text begin [211C.071] REMOVAL ELECTION FORM OF QUESTION. new text end 12.27 new text begin The form of the question under this chapter must be: new text end 12.28 new text begin "Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed new text end 12.29 new text begin from that office?" new text end 12.30    Sec. 21. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read: 12.31368.47 TOWNS MAY BE DISSOLVED. 12.32    (1) When the voters residing within a town have failed to elect any town officials for 12.33more than ten years continuously; 13.1    (2) when a town has failed for a period of ten years to exercise any of the powers 13.2and functions of a town; 13.3    (3) when the estimated market value of a town drops to less than $165,000; 13.4    (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or 13.5unpaid because they are contested in proceedings for the enforcement of taxes, amounts to 13.612 percent of its market value; or 13.7    (5) when the state or federal government has acquired title to 50 percent of the 13.8real estate of a town, 13.9which facts, or any of them, may be found and determined by the resolution of the county 13.10board of the county in which the town is located, according to the official records in the 13.11office of the county auditor, the county board by resolution may declare the town, naming 13.12it, dissolved and no longer entitled to exercise any of the powers or functions of a town. 13.13    In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters 13.14of the town shall express their approval or disapproval. The town clerk shall, upon a 13.15petition signed by a majority of the registered voters of the town, filed with the clerk at 13.16least 60 days before a regular or special town election, give notice at the same time and 13.17in the same manner of the election that the question of dissolution of the town will be 13.18submitted for determination at the election. At the election the question shall be voted 13.19upon by a separate ballot, the terms of which shall be either "for dissolution" or "against 13.20dissolution." new text begin . The form of the question under this chapter shall be substantially in the new text end 13.21 new text begin following form: "Shall the town of ... be dissolved?" new text end The ballot shall be deposited in a 13.22separate ballot box and the result of the voting canvassed, certified, and returned in the 13.23same manner and at the same time as other facts and returns of the election. If a majority of 13.24the votes cast at the election are for dissolution, the town shall be dissolved. If a majority 13.25of the votes cast at the election are against dissolution, the town shall not be dissolved. 13.26    When a town is dissolved under sections 368.47 to 368.49 the county shall acquire 13.27title to any telephone company or other business conducted by the town. The business 13.28shall be operated by the board of county commissioners until it can be sold. The 13.29subscribers or patrons of the business shall have the first opportunity of purchase. If the 13.30town has any outstanding indebtedness chargeable to the business, the county auditor shall 13.31levy a tax against the property situated in the dissolved town to pay the indebtedness 13.32as it becomes due. 13.33    Sec. 22. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read: 13.34    Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision 13.352 the ballot shall be substantially in the following form: 14.1(...) FOR the proposal (describe briefly the change proposed) 14.2(...) AGAINST the proposal (describe briefly the change proposed) new text begin "Shall the new text end 14.3 new text begin office(s) of ....... be appointed rather than elected at the expiration of the(ir) current new text end 14.4 new text begin term(s)?" new text end 14.5    Sec. 23. Minnesota Statutes 2012, section 412.091, is amended to read: 14.6412.091 DISSOLUTION. 14.7Whenever a number of voters equal to one-third of those voting at the last 14.8preceding city election petition the chief administrative law judge of the state Office of 14.9Administrative Hearings to dissolve the city, a special election shall be called to vote upon 14.10the question. Before the election, the chief administrative law judge shall designate a time 14.11and place for a hearing in accordance with section 414.09. After the hearing, the chief 14.12administrative law judge shall issue an order which shall include a date for the election, a 14.13determination of what town or towns the territory of the city shall belong to if the voters 14.14favor dissolution, and other necessary provisions. The ballots used at such election shall 14.15bear the printed words, "For Dissolution" and "Against Dissolution," with a square before 14.16each phrase in which the voter may express a preference by a cross. new text begin be substantially in new text end 14.17 new text begin the following form: "Shall the city of ... be dissolved?" new text end If a majority of those voting on 14.18the question favor dissolution, the clerk shall file a certificate of the result with the chief 14.19administrative law judge, the secretary of state, and the county auditor of the county in 14.20which the city is situated. Six months after the date of such election, the city shall cease to 14.21exist. Within such six months, the council shall audit all claims against the city, settle with 14.22the treasurer, and other city officers, and apply the assets of the city to the payment of its 14.23debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of 14.24such debts with the county treasurer and the council shall levy a tax sufficient for their 14.25payment, the proceeds of which, when collected, shall be paid by the county treasurer to 14.26the creditors in proportion to their several claims until all are discharged. The principal 14.27and interest on outstanding bonds shall be paid when due by the county treasurer from a 14.28tax annually spread by the county auditor against property formerly included within the 14.29city until the bonds are fully paid. All city property and all rights of the city shall, upon 14.30dissolution, inure in the town or towns designated as the legal successor to the city. If the 14.31city territory goes to more than one town, surplus cash assets and unsold city property 14.32shall be distributed as provided by the order for the election. 14.33    Sec. 24. new text begin DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL new text end 14.34 new text begin DISTRICT NO. 6, SOUTH ST. PAUL. new text end 15.1 new text begin Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any other new text end 15.2 new text begin law, Special School District No. 6, South St. Paul, may by resolution dissolve election new text end 15.3 new text begin districts previously established. The resolution must include a plan for the orderly new text end 15.4 new text begin transition to at-large elections of school board members. new text end 15.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 15.6 new text begin Special School District No. 6, South St. Paul, and its chief clerical officer timely complete new text end 15.7 new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 15.8    Sec. 25. new text begin REPEALER. new text end 15.9 new text begin Minnesota Statutes 2012, section 201.016, subdivision 2, new text end new text begin is repealed. new text end 15.10    Sec. 26. new text begin EFFECTIVE DATE. new text end 15.11 new text begin This act is effective the day following final enactment. new text end