HF 587

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; providing for periodic election days for state and local
elections, other than special elections to fill a vacancy and elections conducted
by mail; amending Minnesota Statutes 2004, sections 123B.63, subdivision 3;
126C.17, subdivision 11; 204C.05, by adding a subdivision; 205.10, subdivision
3; 205A.05, subdivision 1; 373.40, subdivision 2; 375.20; 458.40; 465.82,
subdivision 2; 465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5;
475.521, subdivision 2; 475.58, subdivisions 1, 1a; 475.59; proposing coding for
new law in Minnesota Statutes, chapters 204D; 205; 205A; repealing Minnesota
Statutes 2004, sections 204C.05, subdivisions 1a, 1b; 205.175; 205A.09.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

PERIODIC STATE AND LOCAL ELECTION DATES

Section 1.

new text begin [204D.035] PERIODIC ELECTION DAY.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be referred to as the "Periodic Election
Day Act of 2005."
new text end

new text begin Subd. 2. new text end

new text begin Elections covered. new text end

new text begin This section applies to all state, county, municipal,
school district, and any other political subdivision elections held in the state of Minnesota,
and elections on ballot questions, except for (i) elections held to fill a vacancy in office
and required by statute to be held sooner than the next day designated in subdivision 3, or
(ii) elections conducted by mail.
new text end

new text begin Subd. 3. new text end

new text begin Elections on designated days. new text end

new text begin (a) Notwithstanding other law to the
contrary, elections covered in subdivision 2 may be held only on the following days:
new text end

new text begin (1) the fourth Tuesday in January;
new text end

new text begin (2) the second Tuesday in March;
new text end

new text begin (3) the third Tuesday in May;
new text end

new text begin (4) the first Tuesday after the second Monday in September; and
new text end

new text begin (5) the first Tuesday after the first Monday in November.
new text end

new text begin (b) The time period in which a special election must be conducted under any
other law or charter provision must be extended to conform to the requirements of this
subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Primary date if not specified. new text end

new text begin If other law provides for a primary to take
place for a particular office but does not specify the date of the primary, the primary may
be held on one of the days specified in subdivision 3, clauses (1) to (4). The general
election for the office must be held on the date listed in subdivision 3 that immediately
follows the date chosen for the primary.
new text end

new text begin Subd. 5. new text end

new text begin Election times and polling places. new text end

new text begin An election held in a jurisdiction on
one of the days specified in subdivision 3 must be held during the hours determined under
section 204C.05. The governing body of the municipality must set the polling place
locations to be used for each precinct in all elections in any calendar year before the
start of that calendar year.
new text end

new text begin Subd. 6. new text end

new text begin Applicable laws. new text end

new text begin Except as otherwise provided by this section, Minnesota
election law remains applicable to elections held on any of the days listed in subdivision 3.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2006.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 123B.63, subdivision 3, is amended to read:

Subd. 3.

Capital project levy referendum.

A district may levy the local tax
rate approved by a majority of the electors voting on the question to provide funds for
an approved project. The election must take place no more than five years before the
estimated date of commencement of the project. The referendum must be held on a
date deleted text begin set by the board deleted text end new text begin specified under section 204D.035, subdivision 3 new text end . A referendum
for a project not receiving a positive review and comment by the commissioner under
section 123B.71 must be approved by at least 60 percent of the voters at the election. The
referendum may be called by the school board and may be held:

(1) separately, before an election for the issuance of obligations for the project
under chapter 475; or

(2) in conjunction with an election for the issuance of obligations for the project
under chapter 475; or

(3) notwithstanding section 475.59, as a conjunctive question authorizing both the
capital project levy and the issuance of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the date of the
election.

The ballot must provide a general description of the proposed project, state the
estimated total cost of the project, state whether the project has received a positive or
negative review and comment from the commissioner, state the maximum amount of the
capital project levy as a percentage of net tax capacity, state the amount that will be raised
by that local tax rate in the first year it is to be levied, and state the maximum number of
years that the levy authorization will apply.

The ballot must contain a textual portion with the information required in this
section and a question stating substantially the following:

"Shall the capital project levy proposed by the board of .......... School District
No. .......... be approved?"

If approved, the amount provided by the approved local tax rate applied to the
net tax capacity for the year preceding the year the levy is certified may be certified for
the number of years approved.

In the event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language authorizing the
issuance of obligations must also be included in the question.

The district must notify the commissioner of the results of the referendum.

Sec. 2.

Minnesota Statutes 2004, section 126C.17, subdivision 11, is amended to read:

Subd. 11.

Referendum date.

(a) Except for a referendum held under paragraph
(b), any referendum under this section held on a day other than the first Tuesday after
the first Monday in November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a
referendum conducted by mail under this paragraph, the notice required by subdivision 9,
paragraph (b), must be prepared and delivered by first-class mail at least 20 days before
the referendum.

(b) In addition to the referenda allowed in subdivision 9, clause (a), the commissioner
may grant authority to a district to hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has received an extension from the
department to file a plan to eliminate the statutory operating debt. new text begin A referendum must be
held on a date specified under section 204D.035, subdivision 3.
new text end

(c) The commissioner must approve, deny, or modify each district's request for a
referendum levy on a different day within 60 days of receiving the request from a district.

Sec. 3.

Minnesota Statutes 2004, section 204C.05, is amended by adding a subdivision
to read:

new text begin Subd. 1c new text end

new text begin Elections; municipalities and school districts. new text end

new text begin The governing body of a
municipality or school district may, by resolution, designate the hours during which the
polling places will remain open for voting at the next succeeding and all later municipal
or school district elections that are not held at the same time as the state primary or state
general election. All polling places must be open at least between the hours of 10:00 a.m.
and 8:00 p.m. The resolution remains in effect until revoked by the governing board or a
petition from voters is filed under this subdivision. If a petition requesting longer voting
hours for any election is signed by a number of voters equal to ten percent of the votes cast
in the last municipal or school district general election, whichever applies, and filed with
the appropriate municipal or school district clerk no later than 30 days before an election,
then the polling places for that election must open at 7:00 a.m. and close at 8:00 p.m. The
municipal or school district clerk must give ten days published and posted notice of the
change in hours and notify the appropriate county auditors of the change.
new text end

Sec. 4.

Minnesota Statutes 2004, section 205.10, subdivision 3, is amended to read:

Subd. 3.

Prohibition.

deleted text begin No deleted text end new text begin A new text end special election authorized under subdivision 1 may be
held deleted text begin within 40 days after the state general election deleted text end new text begin only on one of the dates specified in
section 204D.035, subdivision 3 new text end .

Sec. 5.

new text begin [205.176] VOTING HOURS.
new text end

new text begin In all municipal elections the hours for voting must be determined as provided
by section 204C.05.
new text end

Sec. 6.

Minnesota Statutes 2004, section 205A.05, subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition of 50 or more voters of the school district or five
percent of the number of voters voting at the preceding regular school district election,
the school board shall by resolution call a special election to vote on any matter requiring
approval of the voters of a district. A question is carried only with the majority in its favor
required by law. The election officials for a special election are the same as for the most
recent school district general election unless changed according to law. Otherwise, special
elections must be conducted and the returns made in the manner provided for the school
district general election. deleted text begin A special election may not be held during the 30 days before
and the 30 days after the state primary, during the 30 days before and the 40 days after
the state general election. In addition, a special election may not be held during the 20
days before and the 20 days after any regularly scheduled election of a municipality
wholly or partially within the school district. deleted text end new text begin A special election under this subdivision
must be held only on one of the dates specified in section 204D.035, subdivision 3.
new text end Notwithstanding any other law to the contrary, the time period in which a special election
must be conducted under any other law may be extended by the school board to conform
with the requirements of this subdivision.

Sec. 7.

new text begin [205A.095] HOURS FOR VOTING.
new text end

new text begin The hours for voting in school district elections must be determined as provided
by section 204C.05.
new text end

Sec. 8.

Minnesota Statutes 2004, section 373.40, subdivision 2, is amended to read:

Subd. 2.

Application of election requirement.

(a) Bonds issued by a county
to finance capital improvements under an approved capital improvement plan are not
subject to the election requirements of section 375.18 or 475.58. The bonds must be
approved by vote of at least three-fifths of the members of the county board. In the case
of a metropolitan county, the bonds must be approved by vote of at least two-thirds of
the members of the county board.

(b) Before issuance of bonds qualifying under this section, the county must publish
a notice of its intention to issue the bonds and the date and time of a hearing to obtain
public comment on the matter. The notice must be published in the official newspaper
of the county or in a newspaper of general circulation in the county. The notice must be
published at least 14, but not more than 28, days before the date of the hearing.

(c) A county may issue the bonds only upon obtaining the approval of a majority
of the voters voting on the question of issuing the obligations, if a petition requesting a
vote on the issuance is signed by voters equal to five percent of the votes cast in the
county in the last general election and is filed with the county auditor within 30 days after
the public hearing. The commissioner of revenue shall prepare a suggested form of the
question to be presented at the election. new text begin The election may be held only on one of the dates
specified in section 204D.035, subdivision 3.
new text end

Sec. 9.

Minnesota Statutes 2004, section 375.20, is amended to read:

375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt, appropriate money for a purpose,
or exercise any other power or authority, only if authorized by a vote of the people, the
question may be submitted at a special or general election, by a resolution specifying the
matter or question to be voted upon. If the question is to authorize the appropriation of
money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election
shall be given as in the case of special elections. If the question submitted is adopted,
the board shall pass an appropriate resolution to carry it into effect. In the election the
form of the ballot shall be: "In favor of (here state the substance of the resolution to
be submitted), Yes ...... No......," with a square opposite each of the words "yes" and
"no," in one of which the voter shall mark an "X" to indicate a choice. The county board
may call a special county election upon a question to be held deleted text begin within 60 days deleted text end new text begin on any date
specified by section 204D.035, subdivision 3, new text end after a resolution to that effect is adopted by
the county board. Upon the adoption of the resolution the county auditor shall post and
publish notices of the election, as required by section 204D.22, subdivisions 2 and 3. The
election shall be conducted and the returns canvassed in the manner prescribed by sections
204D.20 to 204D.27, so far as practicable.

Sec. 10.

Minnesota Statutes 2004, section 458.40, is amended to read:

458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.

If a charter adopted under the Minnesota Constitution, article IV, section 36, article
XI, section 4, or article XII, section 5, has a provision that requires the question of the
issuance of bonds to be submitted to the electors, the provision prevails over sections
458.36 to 458.40. new text begin The question must be submitted to the voters on one of the dates
specified in section 204D.035, subdivision 3, notwithstanding any contrary provision in
the charter regarding the date of submission.
new text end

Sec. 11.

Minnesota Statutes 2004, section 465.82, subdivision 2, is amended to read:

Subd. 2.

Contents of plan.

The plan must state:

(1) the specific cooperative activities the units will engage in during the first two
years of the venture;

(2) the steps to be taken to effect the merger of the governmental units, with
completion no later than four years after the process begins;

(3) the steps by which a single governing body will be created or, when the entire
territory of a unit will be apportioned between or among two or more units contiguous
to the unit that is to be apportioned, the steps to be taken by the governing bodies of the
remaining units to provide for representation of the residents of the apportioned unit;

(4) changes in services provided, facilities used, and administrative operations and
staffing required to effect the preliminary cooperative activities and the final merger, and
a two-, five-, and ten-year projection of expenditures for each unit if it combined and
if it remained separate;

(5) treatment of employees of the merging governmental units, specifically including
provisions for reassigning employees, dealing with exclusive representatives, and
providing financial incentives to encourage early retirements;

(6) financial arrangements for the merger, specifically including responsibility for
debt service on outstanding obligations of the merging units;

(7) one- and two-year impact analyses, prepared by the granting state agency at the
request of the local government unit, of major state aid revenues received for each unit
if it combined and if it remained separate, including an impact analysis, prepared by the
Department of Revenue, of any property tax revenue implications associated with tax
increment financing districts and fiscal disparities under chapter 276A or 473F resulting
from the merger;

(8) procedures for a referendum to be held new text begin on a date specified in section 204D.035,
subdivision 3, new text end before the proposed combination to approve combining the local
government units, specifically stating whether a majority of those voting in each district
proposed for combination or a majority of those voting on the question in the entire area
proposed for combination is needed to pass the referendum; and

(9) a time schedule for implementation.

Notwithstanding clause (3) or any other law to the contrary, all current members of
the governing bodies of the local government units that propose to combine under sections
465.81 to 465.86 may serve on the initial governing body of the combined unit until a
gradual reduction in membership is achieved by foregoing election of new members when
terms expire until the number permitted by other law is reached.

Sec. 12.

Minnesota Statutes 2004, section 465.84, is amended to read:

465.84 REFERENDUM.

During the first or second year of cooperation, a referendum on the question of
combination must be conducted. The referendum must be on a date new text begin specified by section
204D.035, subdivision 3, and new text end called by the governing bodies of the units that propose to
combine. The referendum must be conducted according to the Minnesota Election Law,
as defined in section 200.01. If the referendum fails, the same question or a modified
question may be submitted the following year. If the referendum fails again, the same
question may not be submitted. Referendums shall be conducted on the same date in all
local government units.

Sec. 13.

Minnesota Statutes 2004, section 469.053, subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

A city may increase its levy for port authority
purposes under subdivision 4 only as provided in this subdivision. Its city council must
first pass a resolution stating the proposed amount of levy increase. The city must then
publish the resolution together with a notice of public hearing on the resolution for
two successive weeks in its official newspaper or, if none exists, in a newspaper of
general circulation in the city. The hearing must be held two to four weeks after the
first publication. After the hearing, the city council may decide to take no action or may
adopt a resolution authorizing the proposed increase or a lesser increase. A resolution
authorizing an increase must be published in the city's official newspaper or, if none
exists, in a newspaper of general circulation in the city. The resolution is not effective if a
petition requesting a referendum on the resolution is filed with the city clerk within 30
days of publication of the resolution. The petition must be signed by voters equaling five
percent of the votes cast in the city in the last general election. The resolution is effective
if approved by a majority of those voting on the question. The commissioner of revenue
shall prepare a suggested form of referendum question. The referendum must be held at
a special or general election deleted text begin before October 1 deleted text end new text begin on a date specified in section 204D.035,
subdivision 3, new text end of the year for which the levy increase is proposed.

Sec. 14.

Minnesota Statutes 2004, section 469.0724, is amended to read:

469.0724 GENERAL OBLIGATION BONDS.

The port authority of Cannon Falls or Redwood Falls must not proceed with the sale
of general obligation tax supported bonds until the city council by resolution approves the
proposed issuance. The resolution must be published in the official newspaper. If, within
30 days after the publication, a petition signed by voters equal in number to ten percent of
the number of voters at the last regular city election is filed with the city clerk, the city
and port authority must not issue the general obligation tax supported bonds until the
proposition has been approved by a majority of the votes cast on the question at a regular
or special election new text begin held on one of the dates specified in section 204D.035, subdivision 3 new text end .

Sec. 15.

Minnesota Statutes 2004, section 469.190, subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

If the county board passes a resolution under
subdivision 4 to impose the tax, the resolution must be published for two successive
weeks in a newspaper of general circulation within the unorganized territory, together with
a notice fixing a date for a public hearing on the proposed tax.

The hearing must be held not less than two weeks nor more than four weeks after the
first publication of the notice. After the public hearing, the county board may determine to
take no further action, or may adopt a resolution authorizing the tax as originally proposed
or approving a lesser rate of tax. The resolution must be published in a newspaper of
general circulation within the unorganized territory. The voters of the unorganized
territory may request a referendum on the proposed tax by filing a petition with the county
auditor within 30 days after the resolution is published. The petition must be signed by
voters who reside in the unorganized territory. The number of signatures must equal at
least five percent of the number of persons voting in the unorganized territory in the last
general election. If such a petition is timely filed, the resolution is not effective until it has
been submitted to the voters residing in the unorganized territory at a general or special
election new text begin held on one of the dates specified in section 204D.035, subdivision 3, new text end and a
majority of votes cast on the question of approving the resolution are in the affirmative.
The commissioner of revenue shall prepare a suggested form of question to be presented
at the referendum.

Sec. 16.

Minnesota Statutes 2004, section 475.521, subdivision 2, is amended to read:

Subd. 2.

Election requirement.

(a) Bonds issued by a city to finance capital
improvements under an approved capital improvements plan are not subject to the election
requirements of section 475.58. The bonds are subject to the net debt limits under
section 475.53. The bonds must be approved by an affirmative vote of three-fifths of the
members of a five-member city council. In the case of a city council having more than five
members, the bonds must be approved by a vote of at least two-thirds of the city council.

(b) Before the issuance of bonds qualifying under this section, the city must publish
a notice of its intention to issue the bonds and the date and time of the hearing to obtain
public comment on the matter. The notice must be published in the official newspaper of
the city or in a newspaper of general circulation in the city. Additionally, the notice may
be posted on the official Web site, if any, of the city. The notice must be published at least
14 but not more than 28 days before the date of the hearing.

(c) A city may issue the bonds only after obtaining the approval of a majority of
the voters voting on the question of issuing the obligations, if a petition requesting a vote
on the issuance is signed by voters equal to five percent of the votes cast in the city in
the last general election and is filed with the city clerk within 30 days after the public
hearing. The commissioner of revenue shall prepare a suggested form of the question to
be presented at the election. new text begin The election must be held on one of the dates specified by
section 204D.035, subdivision 3.
new text end

Sec. 17.

Minnesota Statutes 2004, section 475.58, subdivision 1, is amended to read:

Subdivision 1.

Approval by electors; exceptions.

Obligations authorized by law or
charter may be issued by any municipality upon obtaining the approval of a majority of
the electors voting new text begin at a special or general election held on one of the dates specified in
section 204D.035, subdivision 3, new text end on the question of issuing the obligations, but an election
shall not be required to authorize obligations issued:

(1) to pay any unpaid judgment against the municipality;

(2) for refunding obligations;

(3) for an improvement or improvement program, which obligation is payable
wholly or partly from the proceeds of special assessments levied upon property specially
benefited by the improvement or by an improvement within the improvement program, or
of taxes levied upon the increased value of property within a district for the development
of which the improvement is undertaken, including obligations which are the general
obligations of the municipality, if the municipality is entitled to reimbursement in whole
or in part from the proceeds of such special assessments or taxes and not less than 20
percent of the cost of the improvement or the improvement program is to be assessed
against benefited property or is to be paid from the proceeds of federal grant funds or a
combination thereof, or is estimated to be received from such taxes within the district;

(4) payable wholly from the income of revenue producing conveniences;

(5) under the provisions of a home rule charter which permits the issuance of
obligations of the municipality without election;

(6) under the provisions of a law which permits the issuance of obligations of a
municipality without an election;

(7) to fund pension or retirement fund liabilities pursuant to section 475.52,
subdivision 6;

(8) under a capital improvement plan under section 373.40; and

(9) under sections 469.1813 to 469.1815 (property tax abatement authority bonds), if
the proceeds of the bonds are not used for a purpose prohibited under section 469.176,
subdivision 4g, paragraph (b).

Sec. 18.

Minnesota Statutes 2004, section 475.58, subdivision 1a, is amended to read:

Subd. 1a.

Resubmission limitation.

If the electors do not approve the issuing
of obligations at an election required by subdivision 1, the question of authorizing the
obligations for the same purpose and in the same amount may not be submitted to the
electors deleted text begin within a period of deleted text end new text begin until a special or general election held on a date specified in
section 204D.035, subdivision 3, and not sooner than new text end 180 days from the date the election
was held. If the question of authorizing the obligations for the same purpose and in the
same amount is not approved a second time it may not be submitted to the electors within
a period of one year after the second election.

Sec. 19.

Minnesota Statutes 2004, section 475.59, is amended to read:

475.59 MANNER OF SUBMISSION; NOTICE.

When the governing body of a municipality resolves to issue bonds for any purpose
requiring the approval of the electors, it shall provide for submission of the proposition of
their issuance at a general or special election new text begin held on a date specified by section 204D.035,
subdivision 3, new text end or new text begin at a new text end town or new text begin common new text end school district meeting. Notice of such election
or meeting shall be given in the manner required by law and shall state the maximum
amount and the purpose of the proposed issue. In any school district, the school board
or board of education may, according to its judgment and discretion, submit as a single
ballot question or as two or more separate questions in the notice of election and ballots
the proposition of their issuance for any one or more of the following, stated conjunctively
or in the alternative: acquisition or enlargement of sites, acquisition, betterment, erection,
furnishing, equipping of one or more new schoolhouses, remodeling, repairing, improving,
adding to, betterment, furnishing, equipping of one or more existing schoolhouses.
In any city, town, or county, the governing body may, according to its judgment and
discretion, submit as a single ballot question or as two or more separate questions in
the notice of election and ballots the proposition of their issuance, stated conjunctively
or in the alternative, for the acquisition, construction, or improvement of any facilities
at one or more locations.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 204C.05, subdivisions 1a and 1b; 205.175; and
205A.09, new text end new text begin are repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2007. Section 17 is effective for obligations
authorized at an election held after January 1, 2007. new text end