Minnesota Legislature
HF 2743
as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 01:21pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/08/2016 |
Current Version - as introduced
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A bill for an act
relating to elections; authorizing recall elections for school board members;
amending Minnesota Statutes 2014, sections 351.14, by adding a subdivision;
351.15; 351.16, subdivisions 1, 2; 351.17; 351.18; 351.19, subdivisions 2, 4;
351.20; 351.21; 351.22, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 351.14, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Filing official. new text end
new text begin
"Filing official" means:
new text end
new text begin
(1) the county auditor for county offices; or
new text end
new text begin
(2) the school board election clerk for school board members.
new text end
Sec. 2.
Minnesota Statutes 2014, section 351.15, is amended to read:
351.15 REMOVAL OF ELECTED deleted text begin COUNTYdeleted text end new text begin LOCALnew text end OFFICIAL.
An elected county official new text begin or school board member new text end may be removed from office in
accordance with the procedures established in sections 351.14 to 351.23.
Sec. 3.
Minnesota Statutes 2014, section 351.16, subdivision 1, is amended to read:
Subdivision 1.
Form of petition.
Any registered voter may petition the deleted text begin county
auditordeleted text end new text begin filing officialnew text end requesting a removal election and setting forth facts which allege
with specificity thatnew text begin :
new text end
new text begin (1)new text end an elected county official committed malfeasance or nonfeasance in the
performance of official dutiesnew text begin ; or
new text end
new text begin
(2) a school board member committed malfeasance or nonfeasance in the
performance of official duties, or engaged in any other conduct or speech that fails to
conform to or uphold the intent and purpose of a school board adopted policy, or that
brings the school board or school district into disrepute.
new text end
new text begin The petition must allege acts that occurrednew text end during the current or any previous term
in the office held by the elected county officialnew text begin or school board membernew text end , except that a
petition may not be submitted during the 180 days immediately preceding a general
election for the office which is held by the new text begin elected new text end county official new text begin or school board member
new text end named in the petition. The petitioner must attach to the petition documents which contain
the signatures of supporters who are registered voters totaling at least 25 percent of the
number of persons who voted in the preceding election for the office which is held by
the new text begin elected new text end county official new text begin or school board member new text end named in the petition. Each page
on which signatures are included must clearly identify the purpose of the petition. new text begin In a
removal election involving a countywide office, new text end the registered voters must be residents
of the county deleted text begin or,deleted text end new text begin .new text end In a removal election involving a county commissioner, new text begin the registered
voters must be residents new text end of the commissioner district which elected the named county
commissioner. new text begin In a removal election involving a school board member, the registered
voters must be residents of the school district. new text end The signatures of supporters must be on
forms provided by the deleted text begin county auditordeleted text end new text begin filing officialnew text end .
Sec. 4.
Minnesota Statutes 2014, section 351.16, subdivision 2, is amended to read:
Subd. 2.
deleted text begin County auditor'sdeleted text end new text begin Filing official's new text end duties.
The deleted text begin county auditordeleted text end new text begin filing official
new text end shall examine the petition to determine whether it contains the requisite number of valid
signatures of registered voters. If so, the deleted text begin county auditordeleted text end new text begin filing official new text end shall forward the
petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt
of the petition. If the deleted text begin county auditordeleted text end new text begin filing official new text end determines that the petition does not
include the requisite number of signatures, the deleted text begin county auditordeleted text end new text begin filing officialnew text end shall deny the
petition within 15 days of receipt of the petition.
Sec. 5.
Minnesota Statutes 2014, section 351.17, is amended to read:
351.17 CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER.
The clerk of appellate courts shall submit the petition to the chief justice. The chief
justice shall review the petition to determine whether the petition properly alleges facts
which, if proven, deleted text begin constitute malfeasance or nonfeasance in the performance of official
dutiesdeleted text end new text begin establish grounds for removal under section 351.16, subdivision 1, clause (1) or
(2)new text end . If the petition properly containsnew text begin sufficientnew text end factual allegations deleted text begin of malfeasance or
nonfeasancedeleted text end , the chief justice shall assign the case to a special master for a public hearing.
The special master must be an active or retired judge. The chief justice may issue an order
denying the petition if it appears that the petition does not contain allegations which,
if proven, deleted text begin constitute malfeasance or nonfeasance in the performance of official duties
deleted text end new text begin establish proper grounds for removalnew text end .
Sec. 6.
Minnesota Statutes 2014, section 351.18, is amended to read:
351.18 WAIVER.
An elected county official new text begin or school board member new text end who is the subject of a petition
under section 351.16 may waive in writing the right to a public hearing. If the hearing is
waived, the case must be certified by order of the chief justice to the deleted text begin county auditordeleted text end new text begin filing
officialnew text end for a removal election to be held within 30 days of the receipt of the order.
Sec. 7.
Minnesota Statutes 2014, section 351.19, subdivision 2, is amended to read:
Subd. 2.
Determinations by special master.
The special master shall take evidence
at a public hearing under this section and determine:
(1) whether the petitioners have shown by clear and convincing evidence that the
factual allegations deleted text begin of malfeasance or nonfeasancedeleted text end new text begin establishing grounds for a removalnew text end are
true; and
(2) if so, whether the facts found to be true constitute deleted text begin malfeasance or nonfeasance
deleted text end new text begin sufficient grounds for removal under section 351.16, subdivision 1, clause (1) or (2)new text end .
The special master shall dismiss the petition at any time if it appears that this
standard has not been met.
Sec. 8.
Minnesota Statutes 2014, section 351.19, subdivision 4, is amended to read:
Subd. 4.
Legal counsel.
new text begin (a) In a removal election involving an elected county
official, new text end the petitioners and the elected county official shall be represented by legal counsel
at their own expense, and shall pay their costs associated with the hearing except that the
county may assume the legal costs incurred by the elected county official. The county
shall pay all other costs of the hearing.
new text begin
(b) In a removal election involving a school board member, the petitioners and the
school board member shall be represented by legal counsel at their own expense, and shall
pay their costs associated with the hearing except that the school district may assume the
legal costs incurred by the school board member. The school district shall pay all other
costs of the hearing.
new text end
Sec. 9.
Minnesota Statutes 2014, section 351.20, is amended to read:
351.20 DECISION; CERTIFICATION.
If the special master determines that the elected county official new text begin or school board
member new text end committed deleted text begin malfeasance or nonfeasance in the performance of official dutiesdeleted text end new text begin acts
that establish grounds for removalnew text end , the case must be certified to the deleted text begin county auditordeleted text end new text begin filing
official new text end for a removal election on a date to be fixed by the deleted text begin county auditordeleted text end new text begin filing official
new text end and held within 30 days of the order of the special master.
Sec. 10.
Minnesota Statutes 2014, section 351.21, is amended to read:
351.21 APPEAL.
deleted text begin Andeleted text end new text begin Thenew text end elected county official new text begin or school board member new text end may appeal the decision of a
special master under section 351.20 to the Supreme Court within ten days. The removal
election is stayed until 20 days after the Supreme Court issues a decision on the appeal.
The Supreme Court shall grant an expedited appeal.
Sec. 11.
Minnesota Statutes 2014, section 351.22, subdivision 1, is amended to read:
Subdivision 1.
Majority vote; form of question.
new text begin (a) new text end An elected county official new text begin or
school board member new text end may be removed pursuant to sections 351.14 to 351.23 by majority
vote. deleted text begin Thedeleted text end new text begin A new text end removal election new text begin for an elected county official new text end is a special election conducted
under applicable provisions of section 375.20. new text begin A removal election for a school board
member is a special election conducted under applicable provisions of chapter 205A.
new text end
new text begin (b) new text end The question submitted to the voters must be:
"Should .................................................. (Name) elected (appointed) to the office of
.............................................. (title) be removed from that office?
|
Yes
. |
||
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No
. |
" |
Any resulting vacancy must be filled as provided by law.
Sec. 12.
Minnesota Statutes 2014, section 351.22, subdivision 2, is amended to read:
Subd. 2.
Disqualification.
A removed county official new text begin or school board member new text end may
not thereafter hold the same office for the remainder of the term to which the official
was elected.
Sec. 13. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 12 are effective the day following final enactment and apply to
incumbent officials and officials elected or appointed on or after that date.
new text end