HF 1937

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article IV, section 5; article V, by adding a section; 
  1.4             and article VII, section 6; requiring certain elected 
  1.5             officials to resign on filing for another elective 
  1.6             office or accepting appointment to another office. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
  1.9      An amendment to the Minnesota Constitution, article IV, 
  1.10  section 5, article V, by adding a section, and article VII, 
  1.11  section 6, is proposed to the people.  
  1.12     If the amendment is adopted, article IV, section 5, will 
  1.13  read: 
  1.14     Sec. 5.  No senator or representative shall hold any other 
  1.15  office under the authority of the United States or the state of 
  1.16  Minnesota, except that of postmaster or of notary public.  If 
  1.17  elected or appointed to another office, a legislator may resign 
  1.18  from the legislature by tendering his resignation to the 
  1.19  governor.  A senator or representative who files as a candidate 
  1.20  for another elective office or who accepts appointment to 
  1.21  another office must resign from the legislature at the time of 
  1.22  filing or at the time of accepting the appointment. 
  1.23     article V, section 8, is added to read: 
  1.24     Sec. 8.  An officer created by this article may not hold 
  1.25  any office under the United States except a commission in a 
  1.26  reserve component of the military forces of the United States 
  2.1   and may not hold any other office under this state except that 
  2.2   of notary public.  The officer must resign from the office 
  2.3   created by this article at the time of filing for another 
  2.4   elective office or accepting an appointment to another office. 
  2.5      and article VII, section 6, will read: 
  2.6      Sec. 6.  Every person who by the provisions of this article 
  2.7   is entitled to vote at any election and is 21 years of age is 
  2.8   eligible for any office elective by the people in the district 
  2.9   wherein he has resided 30 days previous to the election, except 
  2.10  that a person seeking an elective office may not hold another 
  2.11  office under the United States or this state except that of 
  2.12  notary public or a commission in a reserve component of the 
  2.13  military forces of the United States, and except as otherwise 
  2.14  provided in this constitution, or the constitution and law of 
  2.15  the United States.  A person must resign any office held on 
  2.16  filing as a candidate for an elective office under the United 
  2.17  States or this state. 
  2.18     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.19     The proposed amendment must be submitted to the people at 
  2.20  the 1996 general election.  The question submitted shall be: 
  2.21     "Shall the Minnesota Constitution be amended to require 
  2.22  legislators and constitutional officers to resign on filing for 
  2.23  another elective office or being appointed to another office, 
  2.24  and to require all elected officials to resign on filing for 
  2.25  another elective office? 
  2.26                                     Yes .......
  2.27                                     No ........"
  2.28     Election procedures shall be as provided by law.