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HF 2688

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 06/08/2016 12:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; modifying provisions related to elections and election
administration; modifying the timeline for when a special election is required
to fill a vacancy on a school board; authorizing the appointment of specified
county offices; making technical changes; amending Minnesota Statutes 2014,
sections 123B.09, by adding a subdivision; 202A.13; 204B.04, by adding
a subdivision; 204B.14, subdivision 7; 204B.146, subdivision 3; 204B.18,
subdivision 1; 204C.07, subdivision 3; 204C.37; 204C.39, subdivision 4;
204D.22, subdivision 2; 205.065, subdivision 4; 205.10, subdivision 6; 205A.03,
subdivision 3; 205A.05, subdivision 2; 205A.06, subdivision 1; 205A.11,
subdivision 2a; 209.021, subdivision 1; 375.08; 375A.10, subdivision 5;
375A.12, subdivision 2; 382.01; 382.02; Minnesota Statutes 2015 Supplement,
sections 203B.17, subdivision 1; 204B.45, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 375A; repealing Minnesota Statutes 2015
Supplement, sections 123B.09, subdivision 5a; 123B.095.

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

ARTICLE 1

ELECTIONS ADMINISTRATION

Section 1.

Minnesota Statutes 2014, section 202A.13, is amended to read:


202A.13 COMMITTEES, CONVENTIONS.

The rules of each major political party shall provide that for each congressional
district and each county or legislative district a convention shall be held at least once
every state general election year. Each major political party shall also provide for each
congressional district and each county or legislative district an executive committee
consisting of a chair and such other officers as may be necessary. The party rules may
provide for only one executive committee and one convention where any county and
congressional district have the same territorial limits.

A delegate or alternate who is deaf, deafblind, or hard-of-hearing who needs
interpreter services at a county, legislative district, congressional district, or state
convention shall so notify the executive committee of the major political party unit whose
convention the delegate or alternate plans to attend. Written notice must be given by
certified mail new text begin or electronic mail new text end to the executive committee at least 30 days before the
convention date. The major political party, not later than 14 days before the convention
date, shall secure the services of one or more interpreters if available and shall assume
responsibility for the cost of the services. The state central committee of the major
political party shall determine the process for reimbursing interpreters.

A visually impaired delegate or alternate to a county, legislative district,
congressional district, or state convention may notify the executive committee of the major
political party unit that the delegate or alternate requires convention materials in audio
tape, Braille, or large print format. Upon receiving the request, the executive committee
shall provide all official written convention materials as soon as they are available, so
that the visually impaired individual may have them converted to audio tape, Braille, or
large print format, prior to the convention.

Sec. 2.

Minnesota Statutes 2015 Supplement, section 203B.17, subdivision 1, is
amended to read:


Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 must be in writing and may be submitted in
person, by mail, by electronic facsimile device, by electronic mail, or electronically
through a secure Web site that shall be maintained by the secretary of state for this
purpose, upon determination by the secretary of state that security concerns have been
adequately addressed. An application for absentee ballots for a voter described in section
203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother,
or child over the age of 18 years.

(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence or
through the secure Web site maintained by the secretary of state.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter or the voter's parent last
maintained residence in Minnesota or through the secure Web site maintained by the
secretary of state.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the end of that calendar yearnew text begin or through the next regularly scheduled state general
election, whichever is later
new text end .

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Sec. 3.

Minnesota Statutes 2014, section 204B.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Ballots; candidates who file by nominating petition. new text end

new text begin Candidates who
were filed as a team by nominating petition under section 204B.07, subdivision 2, shall not
appear on the ballot as minor party or independent candidates if either candidate is certified
as a major party candidate for president or vice president pursuant to section 208.03.
new text end

Sec. 4.

Minnesota Statutes 2014, section 204B.14, subdivision 7, is amended to read:


Subd. 7.

Application to municipalities.

Notwithstanding the provisions of
section 410.21, or any other law, ordinance or charter to the contrary, the provisions of
subdivisions 1deleted text begin ,deleted text end new text begin andnew text end 3 deleted text begin and 6deleted text end apply to all municipalities.

Sec. 5.

Minnesota Statutes 2014, section 204B.146, subdivision 3, is amended to read:


Subd. 3.

Correction to election district boundaries.

When a municipal boundary
deleted text begin thatdeleted text end new text begin has changed andnew text end is coterminous with new text begin (1) new text end a congressional, legislative, or county
commissioner district boundary deleted text begin has changeddeleted text end new text begin , or (2) a soil and water conservation district
supervisor district boundary elected by district under section 103C.311, subdivision 2,
new text end and the affected territory contains 50 or fewer registered voters, the secretary of state may
order corrections to move the affected election district boundaries so deleted text begin theydeleted text end new text begin the boundaries
are
new text end again deleted text begin will bedeleted text end coterminous with the municipal boundary. The election district boundary
change is effective 28 days after the date that the order is issued. The secretary of state
shall immediately notify the municipal clerk and county auditor affected by the boundary
change and the Legislative Coordinating Commission. The municipal clerk shall send
a nonforwardable notice stating the location of the polling place to every household
containing a registered voter affected by the boundary change at least 25 days before the
next election.

Sec. 6.

Minnesota Statutes 2014, section 204B.18, subdivision 1, is amended to read:


Subdivision 1.

Booths; voting stations.

(a) Each polling place must contain a
number of voting booths or voting stations in proportion to the number of individuals
eligible to vote in the precinct. deleted text begin Each booth or station must be at least six feet high,
three feet deep and two feet wide with a shelf at least two feet long and one foot wide
placed at a convenient height for writing.
deleted text end The booth or station shall permit the voter to
vote privately and independently.

(b) Each polling place must have at least one accessible voting booth or other
accessible voting station and beginning with federal and state elections held after
December 31, 2005, and county, municipal, and school district elections held after
December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
America Vote Act, Public Law 107-252.

(c) Local jurisdictions must make accessible voting stations purchased with funds
provided from the Help America Vote Act account available to other local jurisdictions
holding stand-alone elections. The jurisdiction providing the equipment may require the
jurisdiction using the equipment to reimburse any direct actual costs incurred as a result
of the equipment's use and any prorated indirect costs of maintaining and storing the
equipment. A rental or other similar use fee may not be charged.

Any funds received under this paragraph for expenses incurred by that local
jurisdiction as a direct result of making the equipment available that were not paid for
in whole or in part with funds from the Help America Vote Act account are not program
income under the Help America Vote Act, Public Law 107-252.

Any funds received by a local jurisdiction making the equipment available as
reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162,
section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from
the Help America Vote Act account must be treated as program income and deposited into
the jurisdiction's Help America Vote Act account in the direct proportion that funds from
the Help America Vote Act account were used to pay for those "operating costs."

(d) All booths or stations must be constructed so that a voter is free from observation
while marking ballots. During the hours of voting, the booths or stations must have
instructions, a pencil, and other supplies needed to mark the ballots. A chair must be
provided for elderly voters and voters with disabilities to use while voting or waiting
to vote. Stable flat writing surfaces must also be made available to voters who are
completing election-related forms.

(e) All ballot boxes, voting booths, voting stations, and election judges must be
in open public view in the polling place.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 204B.45, subdivision 2, is
amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must
be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
days before a regularly scheduled election and not more than 30 days nor later than 14
days before any other election, the auditor shall mail ballots by nonforwardable mail to
all voters registered in the new text begin city, new text end townnew text begin ,new text end or unorganized territory. No later than 14 days
before the election, the auditor must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots as
provided in chapter 203B. Ballot return envelopes, with return postage provided, must
be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
to examine the mail and absentee ballot return envelopes and mark them "accepted" or
"rejected" within three days of receipt if there are 14 or fewer days before election day, or
within five days of receipt if there are more than 14 days before election day. The board
may consist of deputy county auditors or deputy municipal clerks who have received
training in the processing and counting of mail ballots, who need not be affiliated with
a major political party. Election judges performing the duties in this section must be of
different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk shall provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster
to indicate that the voter has already cast a ballot in that election. After the close of
business on the seventh day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported
as one vote total. No vote totals from mail or absentee ballots may be made public before
the close of voting on election day.

The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 8.

Minnesota Statutes 2014, section 204C.07, subdivision 3, is amended to read:


Subd. 3.

Elections on a question.

At an election where a question is to be voted
uponnew text begin in an election jurisdictionnew text end , the new text begin appropriate new text end mayor of a city, deleted text begin or thedeleted text end school board of a
school district, or deleted text begin thedeleted text end board of supervisors of a town, upon receiving a written petition
signed by at least 25 eligible voters, shall appoint by written certificate one voter for each
precinct in the municipality, or school district if applicable, to act as a challenger of voters
in the polling place for that precinct.new text begin The petition must be delivered to the clerk of the
municipality or school conducting the election.
new text end

Sec. 9.

Minnesota Statutes 2014, section 204C.37, is amended to read:


204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1
, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope.
The copy of the canvassing board report deleted text begin and the precinct summary statementsdeleted text end must be
sent by express mail or delivered to the secretary of state. If the copy is not received by
the secretary of state within ten days following the applicable election, the secretary of
state shall immediately notify the county auditor, who shall deliver another copy to the
secretary of state by special messenger.

Sec. 10.

Minnesota Statutes 2014, section 204C.39, subdivision 4, is amended to read:


Subd. 4.

Canvassing board; declaration of results; notification.

The canvassing
board shall declare the results of the election upon completing the inspection for the
office in question. The report and declaration shall be filed by the county auditor, who
shall mail a certified copy to each candidate for that office. The county auditor shall
promptly notify the secretary of state by deleted text begin certifieddeleted text end new text begin United States mail and electronic new text end mail of
the action of the county canvassing board.

Sec. 11.

Minnesota Statutes 2014, section 204D.22, subdivision 2, is amended to read:


Subd. 2.

Posting of writ.

Immediately upon receipt of the writ, the secretary of state
shall send a certified copy of the writ by deleted text begin certifieddeleted text end new text begin United States mail and electronic new text end mail to
the county auditor of each county in which candidates to fill the vacancy are to be voted
upon. The county auditor shall post a copy of the writ in the auditor's office at least five
days before the close of the time for filing affidavits of candidacy for the special election.

Sec. 12.

Minnesota Statutes 2014, section 205.065, subdivision 4, is amended to read:


Subd. 4.

Candidates, filing.

The clerk shall place upon the primary ballot without
partisan designation the names of individuals whose candidacies have been filed and for
whom the proper filing fee has been paid. When not more than twice the number of
individuals to be elected to a municipal office file for nomination for the office, their
names shall not be placed upon the primary ballot and shall be placed on the municipal
general election ballot as the nominees for that office.new text begin When more than one council
member is to be elected for full terms at the same election, the candidates' names shall be
placed under one office on the ballot with the number to be elected to the office specified
directly underneath the title and identification of the office.
new text end

Sec. 13.

Minnesota Statutes 2014, section 205.10, subdivision 6, is amended to read:


Subd. 6.

Cancellation.

A special election ordered by the governing body of the
municipality on its own motion under subdivision 1 may be canceled by motion of the
governing body, but not less than deleted text begin 46deleted text end new text begin 74new text end days before the election.

Sec. 14.

Minnesota Statutes 2014, section 205A.03, subdivision 3, is amended to read:


Subd. 3.

Candidates, filing.

The clerk shall place upon the primary ballot without
partisan designation the names of individuals whose candidacies have been filed and for
whom the proper filing fee has been paid. When not more than twice as many school board
candidates as there are at-large school board positions available file for nomination for the
office or when not more than two candidates for a specified school board position file for
nomination for that office, their names must not be placed upon the primary ballot and must
be placed on the school district general election ballot as the nominees for that office. new text begin When
more than one school board member is to be elected for full terms at the same election, the
candidates' names shall be placed under one office on the ballot with the number to be
elected to the office specified directly underneath the title and identification of the office.
new text end

Sec. 15.

Minnesota Statutes 2014, section 205A.05, subdivision 2, is amended to read:


Subd. 2.

Vacancies in school district offices.

Special elections new text begin to fill vacancies in
elective school district offices
new text end shall be held in school districts deleted text begin in conjunction with school
district primary and general elections to fill vacancies in elective school district offices
deleted text end new text begin pursuant to section 123B.095new text end . When more than one vacancy exists in an office elected
at-large, voters must be instructed to vote for up to the number of vacancies to be filled.

Sec. 16.

Minnesota Statutes 2014, section 205A.06, subdivision 1, is amended to read:


Subdivision 1.

Affidavit of candidacy.

An individual who is eligible and desires to
become a candidate for an office to be voted on at the election must file an affidavit of
candidacy with the school district clerk. The affidavit must be in deleted text begin substantiallydeleted text end the deleted text begin same
deleted text end form deleted text begin as that indeleted text end new text begin prescribed bynew text end section 204B.06deleted text begin , subdivision 1deleted text end . The school district clerk
shall also accept an application signed by at least five voters and filed on behalf of an
eligible voter in the school district whom they desire to be a candidate, if service of a copy
of the application has been made on the candidate and proof of service is endorsed on the
application being filed. No individual shall be nominated by nominating petition for a
school district elective office. Upon receipt of the proper filing fee, the clerk shall place
the name of the candidate on the official ballot without partisan designation.

Sec. 17.

Minnesota Statutes 2014, section 205A.11, subdivision 2a, is amended to read:


Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a
notice to the voters who will be voting in a combined polling place for a school district
special election. The notice must include the following information: the date of the
election, the hours of voting, and the location of the voter's polling place. The notice must
be sent by nonforwardable mail to every affected household in the school district with
at least one registered voter. The notice must be mailed no later than 14 days before the
election. The mailed notice is not required for a school district special election that is held
on the second Tuesday in August, the Tuesday following the first Monday in November,
or for a special election conducted entirely by mail. deleted text begin In addition, the mailed notice is not
required for voters residing in a township if the school district special election is held on
the second Tuesday in March and the town general election is held on that day.
deleted text end A notice
that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 18.

Minnesota Statutes 2014, section 209.021, subdivision 1, is amended to read:


Subdivision 1.

Manner; time; contents.

Service of a notice of contest must be made
in the same manner as the service of summons in civil actions. The notice of contest must
specify the grounds on which the contest will be made. The contestant shall serve notice
of the contest on the parties enumerated in this section. new text begin Except as provided in section
204D.27,
new text end notice must be served and filed within five days after the canvass is completed in
the case of a primary or special primary or within seven days after the canvass is completed
in the case of a special or general electiondeleted text begin ; except thatdeleted text end new text begin .new text end If a contest is based on a deliberate,
serious, and material violation of the election laws deleted text begin whichdeleted text end new text begin thatnew text end was discovered from the
statements of receipts and disbursements required to be filed by candidates and committees,
the action may be commenced and the notice served and filed within ten days after the
filing of the statements in the case of a general or special election or within five days after
the filing of the statements in the case of a primary or special primary. If a notice of contest
questions only which party received the highest number of votes legally cast at the election,
a contestee who loses may serve and file a notice of contest on any other ground during the
three days following expiration of the time for appealing the decision on the vote count.

ARTICLE 2

SCHOOL BOARD VACANCIES

Section 1.

Minnesota Statutes 2014, section 123B.09, is amended by adding a
subdivision to read:


new text begin Subd. 5b. new text end

new text begin Appointments to fill vacancies; special elections. new text end

new text begin (a) Except as provided
in paragraph (b), any vacancy on the board, other than a vacancy described in subdivision
4, must be filled by board appointment at a regular or special meeting. The appointment
shall be evidenced by a resolution entered in the minutes and shall be effective 30 days
following adoption of the resolution, subject to paragraph (c). If the appointment becomes
effective, it shall continue until an election is held under this subdivision. All elections
to fill vacancies shall be for the unexpired term. If the vacancy occurs 21 or more days
before the first day to file affidavits of candidacy for the next school district general
election and more than two years remain in the unexpired term, a special election shall be
held in conjunction with the school district general election. The appointed person shall
serve until the qualification of the successor elected to fill the unexpired part of the term at
that special election. If the vacancy occurs fewer than 21 days before the first day to file
affidavits of candidacy for the school district general election, or when less than two years
remain in the unexpired term, there shall be no special election to fill the vacancy and the
appointed person shall serve the remainder of the unexpired term and until a successor is
elected and qualifies at the school district election.
new text end

new text begin (b) When a vacancy is created by the removal of a board member pursuant to
subdivision 9, the vacancy must be filled in the manner described in paragraph (a) except
that a special election must be held to fill the vacancy if more than one year remains on
the unexpired term.
new text end

new text begin (c) An appointment made under paragraph (a) shall not be effective if a petition to
reject the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; and
123B.095,
new text end new text begin are repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 3

APPOINTMENT OF COUNTY OFFICERS

Section 1.

Minnesota Statutes 2014, section 375.08, is amended to read:


375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

When a vacancy occurs in the office ofnew text begin an electednew text end county auditor, county treasurer,
county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
shall fill it by appointment. For that purpose it shall meet at the usual place of meeting,
upon one day's notice from the chair or clerk, which shall be served personally upon each
member in the same manner as a district court summons. The person appointed shall give
the bond and take the oath required by law, and serve the remainder of the term, and until
a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first
assistant, the chief deputy or first assistant may perform all the duties and functions of the
office until it is filled by appointment by the county board.

Sec. 2.

Minnesota Statutes 2014, section 375A.10, subdivision 5, is amended to read:


Subd. 5.

Auditor-treasurer.

In any county exercising the option provided
in subdivision 2, clause (c), the office shall be known thereafter as the office of
auditor-treasurer, if the office is to remain elective. If the board chooses to make the
office of auditor-treasurer elective, and not require a referendum, it must act with the
concurrence of 80 percent of its members.

In the exercise of this option, the county board shall direct which of the offices of
auditor or treasurer shall be terminated for the purpose of providing for the election to
the single office of auditor-treasurer. The duties, functions and responsibilities which
have been heretofore and which shall hereafter be required by statute to be performed
by the county auditor and the county treasurer shall be vested in and performed by the
auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
required by statute to be performed by the county auditor and the county treasurer.

Nothing in this subdivision shall preclude the county from exercising the option to
make the combined office of auditor-treasurer appointive as if it had been specifically
enumerated in subdivision 2. If the combined office is to be appointive, a referendum
under section 375A.12 shall be necessarynew text begin , except as provided by section 375A.1205new text end .

If the combined office is to be elective, a referendum under section 375A.12 shall
be necessary if:

(a) the county board requires a referendum; or

(b) a referendum is required by a petition of a number of voters equal to ten
percent of those voting in the county at the last general election that is received by the
county auditor within 30 days after the second publication of the board resolution that
orders the combination.

The persons last elected to the positions of auditor and treasurer before adoption
of the resolution shall serve in those offices and perform the duties of those offices until
the completion of the terms to which they were elected.

Sec. 3.

Minnesota Statutes 2014, section 375A.12, subdivision 2, is amended to read:


Subd. 2.

Form of government options.

new text begin Except as provided in section 375A.1205
or by special law,
new text end the options provided in sections 375A.01 to 375A.10 shall be adopted
in any county only after an affirmative vote of the voters in the county on the question
of the adoption of the option. Except as provided in section 375A.01, only one such
plan may be submitted at any one election.

Sec. 4.

new text begin [375A.1205] APPOINTING COUNTY OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to appoint certain officers. new text end

new text begin A county board may
appoint the county auditor, county treasurer, or county recorder, under section 375A.10,
subdivision 2, or the auditor-treasurer under section 375A.10, subdivision 5, by following
the process outlined in this section. Notwithstanding section 375A.12, a referendum is not
required if the appointment is made pursuant to this section. A county board shall only use
the authority to appoint under the following circumstances:
new text end

new text begin (1) there is a vacancy in the office, due to resignation or death; or
new text end

new text begin (2) there is a signed contract with the county board and the incumbent auditor,
treasurer, auditor-treasurer, or recorder which provides that the incumbent officer will be
appointed to the position and retain tenure, pay, and benefits equal to or greater than
length of service.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility of county officer. new text end

new text begin At least 104 days prior to the filing date
for office under section 204B.09, an elected county officer must notify the county board
in writing whether he or she will be filing for another term. If the current county officer
indicates in writing they will not file for the office and the county board has passed a
resolution under subdivision 6, affidavits of candidacy will not be accepted for that office,
and the office will not be placed on the ballot.
new text end

new text begin Subd. 3. new text end

new text begin Board controls; may change as long as duties done. new text end

new text begin Upon adoption of
a resolution by the county board of commissioners and subject to subdivisions 5 and 6,
the duties of an elected official required by statute whose office is made appointive as
authorized by this section must be discharged by the county board of commissioners
acting through a department head appointed by the board for that purpose. Reorganization,
reallocation, delegation, or other administrative change or transfer does not diminish,
prohibit, or avoid the discharge of duties required by statute.
new text end

new text begin Subd. 4. new text end

new text begin Discharge or demotion. new text end

new text begin (a) A county auditor, county treasurer, county
auditor-treasurer, or county recorder who was elected at the most recent election for that
office prior to a county board resolution to make the office appointed, and is appointed
by the county board to the office, may not be involuntarily demoted or discharged except
for incompetency or misconduct.
new text end

new text begin (b) Prior to demoting or discharging an office holder under this subdivision, the board
must notify the office holder in writing and state its grounds for the proposed demotion or
discharge in reasonable detail. Within ten days after receipt of this notification, the office
holder may make a written request for a hearing before an arbitrator and it shall be granted
before final action is taken. Failure to request a hearing before an arbitrator during this
period is considered acquiescence to the board's action. The board may suspend an office
holder with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute grounds for demotion
or discharge. If an office holder has been charged with a felony and the underlying
conduct that is the subject of the felony charge is a ground for a proposed discharge, the
suspension pending the conclusion of the hearing and determination of the issues may
be without pay. If a hearing under this subdivision is held, the board must reimburse the
office holder for any salary or compensation withheld if the final decision of the arbitrator
does not result in a penalty or discharge of the office holder.
new text end

new text begin (c) If the office holder and the board are unable to mutually agree on an arbitrator,
the board must request from the Bureau of Mediation Services a list of seven persons
qualified to serve as an arbitrator. If the office holder and the board are unable to mutually
agree on an arbitrator from the list provided, the parties shall alternately strike names from
the list until the name of one arbitrator remains. The person remaining after the striking
procedure must be the arbitrator. If the parties are unable to agree on who shall strike the
first name, the question must be decided by a flip of a coin. The office holder and the board
must share equally the costs and fees of the arbitrator except as set forth in paragraph (g).
new text end

new text begin (d) The arbitrator shall determine, by a preponderance of the evidence, whether the
grounds for discharge or demotion exist to support the proposed discharge or demotion. A
lesser penalty than demotion or discharge may be imposed by the arbitrator only to the
extent that either party proposes such lesser penalty in the proceeding. In making the
determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.
new text end

new text begin (e) An arbitration hearing conducted under this subdivision is a meeting for
preliminary consideration of allegations or charges within the meaning of section 13D.05,
subdivision 3, paragraph (a), and must be closed, unless the office holder requests it to
be open.
new text end

new text begin (f) The arbitrator's award is final and binding on the parties, subject to sections
572B.18 to 572B.28.
new text end

new text begin (g) In the event the arbitrator rules not to demote or discharge the office holder,
the board shall pay all of the costs and fees of the arbitrator and the attorney fees of the
office holder.
new text end

new text begin Subd. 5. new text end

new text begin Incumbents to complete term. new text end

new text begin The person elected at the last general
election to an office made appointive under this section must serve in that capacity and
perform the duties, functions, and responsibilities required by statute until the completion
of the term of office to which the person was elected, or until a vacancy occurs in the
office, whichever occurs earlier.
new text end

new text begin Subd. 6. new text end

new text begin Publishing resolution; petition, referendum. new text end

new text begin (a) Before the adoption of
the resolution to provide for the appointment of an office as described in subdivision 1,
the county board must publish a proposed resolution notifying the public of its intent to
consider the issue once each week, for two consecutive weeks, in the official publication
of the county. Following publication and prior to formally adopting the resolution, the
county board shall provide an opportunity at its next regular meeting for public comment
relating to the issue. After the public comment opportunity, at the same meeting or a
subsequent meeting, the county board of commissioners may adopt a resolution that
provides for the appointment of the office or offices as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county board.
The resolution may take effect 30 days after it is adopted, or at a later date stated in the
resolution, unless a petition is filed as provided in paragraph (b).
new text end

new text begin (b) Except when an office is made appointive under subdivision 1, clause (2), within
30 days after the county board adopts the resolution, a petition requesting a referendum
may be filed with the county auditor. The petition must be signed by at least ten percent
of the registered voters of the county. The petition must meet the requirements of the
secretary of state, as provided in section 204B.071, and any rules adopted to implement
that section. If the petition is sufficient, the county board resolution is rescinded.
new text end

new text begin Subd. 7. new text end

new text begin Reverting to elected offices. new text end

new text begin (a) The county board may adopt a resolution
to provide for the election of an office made an appointed position under this section, but
not until at least three years after the office was made an appointed position. The county
board must publish a proposed resolution notifying the public of its intent to consider
the issue once each week, for two consecutive weeks, in the official publication of the
county. Following publication and before formally adopting the resolution, the county
board must provide an opportunity at its next regular meeting for public comment relating
to the issue. After the public comment opportunity, at the same meeting or a subsequent
meeting, the county board of commissioners may adopt the resolution. The resolution
must be approved by at least 60 percent of the members of the county board and is
effective August 1 following adoption of the resolution.
new text end

new text begin (b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if
(1) the position has been an appointed position for at least three years; (2) a petition signed
by at least ten percent of the registered voters of the county is filed with the office of the
county auditor by August 1 of the year in which the general election is held; and (3) the
petition meets the requirements of the secretary of state, as provided in section 204B.071,
and any rules adopted to implement that section. If a majority of the voters of the county
voting on the question vote in favor of making the office an elected position, the election
for that office must be held at the next regular or special election.
new text end

Sec. 5.

Minnesota Statutes 2014, section 382.01, is amended to read:


382.01 OFFICERS ELECTED; TERMS.

In every county in this state there shall be elected at the general election in 1918 a
county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.

The terms of office of these officers shall be four years and shall begin on the first
Monday in January next succeeding their election. They shall hold office until their
successors are elected and qualified. new text begin Each of new text end these offices deleted text begin shalldeleted text end new text begin mustnew text end be filled by election
every four years thereafternew text begin , unless an office is consolidated with another county officer or
made appointive under chapter 375A or other general or special law
new text end .

Sec. 6.

Minnesota Statutes 2014, section 382.02, is amended to read:


382.02 VACANCIES, HOW FILLED.

Any appointment made to fill a vacancy in any of the offices named in section
382.01 new text begin that has not been made appointive under chapter 375A or other general or special
law
new text end shall be for the balance of such entire term, and be made by the county board.