SF 3613
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/06/2026 09:35 a.m.
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A bill for an act
relating to local government; modifying certain election and appointment provisions
for townships; modifying procedures for certain town meetings; modifying
requirements for town real estate interests; amending Minnesota Statutes 2024,
sections 205.185, subdivision 3; 365.05; 365.50, subdivisions 1, 2; 367.03,
subdivision 2; 367.12; 367.161; 379.01, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 358.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a) Between
the third and deleted text begin tenthdeleted text end new text begin 14thnew text end days after an election, the governing body of a city conducting any
election including a special municipal election, or the governing body of a town conducting
the general election in November shall act as the canvassing board, canvass the returns, and
declare new text begin the candidate duly elected who received the highest number of votes for each
municipal office and new text end the results of deleted text begin the electiondeleted text end new text begin any ballot questionsnew text end .
new text begin (b)new text end The governing body of a town conducting the general election in March shall act as
the canvassing boarddeleted text begin ,deleted text end new text begin . Any member of the governing body who is a candidate at the election
must not act as a member of the canvassing board and must instead appoint a designee who
is not a candidate in the election to act in the member's place. The canvassing board mustnew text end
canvass the returnsdeleted text begin ,deleted text end andnew text begin shallnew text end declare new text begin the candidate duly elected who received the highest
number of votes for each town office and new text end the results of deleted text begin the electiondeleted text end new text begin any ballot questionsnew text end
within two days after an election.
deleted text begin (b)deleted text end new text begin (c)new text end After the time for contesting elections has passed, the municipal clerk shall issue
a certificate of election to each successful candidate. In case of a contest, the certificate
shall not be issued until the outcome of the contest has been determined by the proper court.
deleted text begin (c)deleted text end new text begin (d)new text end In case of a tie vote, the canvassing board having jurisdiction over the municipality
shall determine the result by lot. The clerk of the canvassing board shall certify the results
of the election to the county auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election.
new text begin
(e) In cases where no county canvassing board is convened, a town canvassing board
has the powers granted to a county canvassing board, including powers granted under
sections 204C.38 to 204C.39.
new text end
Sec. 2.
new text begin
[358.155] TOWN CLERK NOTARIZATION.
new text end
new text begin
It is not a violation of chapters 357, 358, and 359 for a town clerk to notarize, attest, or
authenticate a document pursuant to official duties.
new text end
Sec. 3.
Minnesota Statutes 2024, section 365.05, is amended to read:
365.05 DEED OF TOWN LAND; FORMALITIES; INTEREST GIVEN.
A deed conveying real estate owned by a town must be signed by the chair of the town
board in an official capacity and attested by the clerk. deleted text begin The deed, witnessed and acknowledged,
must give the grantee all of the town's interest in the real estate.
deleted text end
Sec. 4.
Minnesota Statutes 2024, section 365.50, subdivision 1, is amended to read:
Subdivision 1.
When, where.
The first town meeting in a new town must be held within
deleted text begin 20deleted text end new text begin 30new text end days after the deleted text begin town is organizeddeleted text end new text begin certification of the election results of a ballot question
approving organization of the townnew text end . The county board shall name the time and place of the
meeting. The county auditor shall see that ten days' posted notice of the meeting is given
in the town.
Sec. 5.
Minnesota Statutes 2024, section 365.50, subdivision 2, is amended to read:
Subd. 2.
Meeting officers.
The voters present at the meeting shall choose one of their
number as moderator, two others as judges of election, and one as clerknew text begin for the purpose of
the meetingnew text end . Each of these meeting officers shall take and sign the oath required of a judge
of a general election. The oath may be administered to the judges by the moderator and to
the moderator by one of the judges. The meeting officers shall then run the meeting.
Sec. 6.
Minnesota Statutes 2024, section 367.03, subdivision 2, is amended to read:
Subd. 2.
New towns.
When a new town is organized and deleted text begin supervisorsdeleted text end new text begin township officersnew text end
are elected at deleted text begin adeleted text end new text begin the firstnew text end town meeting prior to the annual town election, they shall serve
only until the next annual town election. At that election three supervisors shall be elected,
one for three years, one for two years, and one for one year, so that the term of one shall
expire each year. new text begin At that election, a clerk and a treasurer shall also be elected. The clerk
shall serve until the next annual town election held in an odd-numbered year, and the treasurer
shall serve until the next annual town election held in an even-numbered year. new text end The number
of years for which each is elected shall be indicated on the ballot.
Sec. 7.
Minnesota Statutes 2024, section 367.12, is amended to read:
367.12 DEPUTY CLERK.
Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible,
and who, in the clerk's absence or disability, shall perform the clerk's duties. If a town clerk
has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating
to receiving candidate filings when the clerk is absent.new text begin When the office of the clerk becomes
vacant, a deputy appointed under this section may continue in office until the vacancy in
the office of the clerk is filled.
new text end
Sec. 8.
Minnesota Statutes 2024, section 367.161, is amended to read:
367.161 DEPUTY TREASURER.
Each town treasurer may appoint a deputy not currently serving as an elected official of
the town for whose acts the treasurer is responsible, and who, in case of the treasurer's
absence or disability, shall perform the treasurer's duties.new text begin When the office of the treasurer
becomes vacant, a deputy appointed under this section may continue in office until the
vacancy in the office of the treasurer is filled.
new text end
Sec. 9.
Minnesota Statutes 2024, section 379.01, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Organizationaldeleted text end new text begin First townnew text end meeting.
If the result of an election held under this
section is in the affirmative, the county shall arrange for the holding of the first deleted text begin organizationaldeleted text end new text begin
townnew text end meeting not more than 30 days after the election in the township to be organized.