HF 2011

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
proposing an amendment to the Minnesota Constitution,
article VIII, section 6; eliminating the specified
list of grounds for recall; making conforming
statutory amendments; amending Minnesota Statutes
2004, sections 211C.03; 211C.06; repealing Minnesota
Statutes 2004, sections 211C.01, subdivisions 2, 3, 4;
211C.02; 211C.04; 211C.05.

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

ARTICLE 1

PROPOSED AMENDMENT

Section 1. CONSTITUTIONAL AMENDMENT.

An amendment to the Minnesota Constitution, article VIII,
section 6, is proposed to the people. If the amendment is
adopted, the section will read:

Sec. 6.

A member of the senate or the house of
representatives, an executive officer of the state identified in
section 1 of article V of the constitution, or a judge of the
supreme court, the court of appeals, or a district court is
subject to recall from office by the voters. The grounds for
recall of a judge shall be established by the supreme court.
The grounds for recall of an officer other than a judge are
serious malfeasance or nonfeasance during the term of office in
the performance of the duties of the office or conviction during
the term of office of a serious crime.A petition for recall
must set forth the specific conduct that may warrant recall. A
petition may not be issued until the supreme court has
determined that the facts alleged in the petition are true and
are sufficient grounds for issuing a recall petition.A
petition must be signed by a number of eligible voters who
reside in the district where the officer serves and who number
not less than 25 percent of the number of votes cast for the
office at the most recent general election. Upon a
determination by the secretary of state that a petition has been
signed by at least the minimum number of eligible voters, a
recall election must be conducted in the manner provided by
law. A recall election may not occur less than six months
before the end of the officer's term. An officer who is removed
from office by a recall election or who resigns from office
after a petition for recall issues may not be appointed to fill
the vacancy that is created.

Sec. 2. SUBMISSION TO VOTERS.

The proposed amendment must be submitted to the people at
the 2006 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to allow the
voters to determine grounds for recall of state officials?

Yes .......
No ........"

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 211C.03, is
amended to read:

211C.03 PETITION FOR RECALL; FORM AND CONTENT.

The secretary of state shall prescribe by rule the form
required for a recall petition. Each page of the petition must
contain the following information:

(1) the name and office held by the state officer who is
the subject of the recall petition and, in the case of a
representative, senator, or district judge, the district number
in which the state officer serves;

(2) the specific grounds upon which the state officer is
sought to be recalled and a concise, accurate, and complete
synopsis of the specific facts that are alleged to warrant
recall on those grounds;

(3) a statement that a recall election, if conducted, will
be conducted at public expense;

(4) a statement that persons signing the petition:

(i) must be eligible voters residing within the district
where the state officer serves or, in the case of a statewide
officer, within the state;

(ii) must know the purpose and content of the petition; and

(iii) must sign of their own free will and may sign only
once; and

(5) a space for the signature and signature date; printed
first, middle, and last name; residence address, including
municipality and county; and date of birth of each signer.

The secretary of state shall make available sample recall
petition forms upon request.

Sec. 2.

Minnesota Statutes 2004, section 211C.06, is
amended to read:

211C.06 ISSUING, CIRCULATING, AND VERIFYING PETITION.

Upon receipt of the order from the Supreme Court,The
petition must be submitted to the secretary of state in the
manner and form prescribed by the secretary of state and must be
accompanied by a fee of $100, in which case the secretary of
state shall issue a recall petition. When the required number
of signatures on the petition have been secured, the petition
may be filed with the secretary of state. The petition must be
filed within 90 days after the date of issuance. Upon the
filing of the petition, the secretary of state shall verify the
number and eligibility of signers in the manner provided by the
secretary of state. If the secretary of state determines that a
petition has been signed by a sufficient number of eligible
voters, the secretary of state shall certify the petition and
immediately notify in writing the governor, the petitioners, and
the state officer named in the petition. If the petition is not
signed by a sufficient number of eligible voters, the secretary
of state shall dismiss the petition.

After the secretary of state issues a petition to recall a
state officer, the secretary of state may not accept another
petition to recall the same officer until either the earlier
petition is dismissed by the secretary of state for a deficiency
of signatures, or the recall election brought about by the
earlier petition results in the officer retaining the office.

Sec. 3. REPEALER.

Minnesota Statutes 2004, sections 211C.01, subdivisions 2,
3, and 4; 211C.02; 211C.04; and 211C.05, are repealed.

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective the day following approval by
the people of the amendment to the Minnesota Constitution
proposed in article 1.