HF 1033

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to elections; requiring a school district primary election in certain
jurisdictions; amending Minnesota Statutes 2008, section 205A.03, subdivision
1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to
read:

Subdivision 1.

deleted text begin Resolution requiring primary in certain circumstances deleted text end new text begin Discretion
to hold primary; school board action required new text end .

new text begin Except as provided in subdivision 1a,
new text end the school board of a school district may, by resolution adopted by June 1 of any year,
decide to choose nominees for school board by a primary as provided in this section. The
resolution, when adopted, is effective for all ensuing elections of board members in that
school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary.

Sec. 2.

Minnesota Statutes 2008, section 205A.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Mandatory primary; certain jurisdictions. new text end

new text begin (a) This subdivision applies
to a school district within a statutory or home rule charter city with a population greater
than 100,000, as of the state demographer's most recent population estimate, where one or
more members of the school board are elected at-large using the alley system. For purposes
of this subdivision, members of a school board are elected at-large using the alley system
if candidates for at-large office file for a designated seat number within the open at-large
positions and are listed on the ballot as a candidate only for that designated seat number.
new text end

new text begin (b) A primary election must be held to select at-large nominees for school board
offices that are filled using the alley system if more than two candidates file for any one
designated seat number to be filled at the general election. Only the designated seat
numbers for which more than two candidates have filed are subject to the primary election
required by this subdivision.
new text end