HF 2880

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 VIII, section 5; providing for recall of 
  1.4             elected state officers. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.7      An amendment to the Minnesota Constitution, article VIII, 
  1.8   section 5, is proposed to the people.  If the amendment is 
  1.9   adopted, article VIII, section 5, will read: 
  1.10     Sec. 5.  Every elected state officer is subject to recall 
  1.11  from office for malfeasance or nonfeasance in the performance of 
  1.12  the duties of the office.  The recall is commenced by filing a 
  1.13  petition with the secretary of state no sooner than six months 
  1.14  after the officer's term began.  The petition must set forth 
  1.15  specific conduct that constitutes malfeasance or nonfeasance and 
  1.16  be signed by a number of registered voters not less than 25 
  1.17  percent of the number who voted for all candidates for the 
  1.18  office at the most recent general election.  Upon determining 
  1.19  that the signatures are sufficient, the secretary of state shall 
  1.20  forward the petition to the supreme court.  If the supreme court 
  1.21  determines that there is reason to believe that the official is 
  1.22  guilty of malfeasance or nonfeasance, it shall return the 
  1.23  petition to the secretary of state, who shall conduct a recall 
  1.24  election in the manner provided by law.  A recall election may 
  1.25  not be held less than six months before the end of the officer's 
  2.1   term. 
  2.2      The legislature of this state may provide for the removal 
  2.3   of inferior officers for malfeasance or nonfeasance in the 
  2.4   performance of their duties. 
  2.5      Sec. 2.  [SCHEDULE AND QUESTION.] 
  2.6      The amendment shall be submitted to the people at the 1996 
  2.7   general election.  The question submitted must be: 
  2.8      "Shall the Minnesota Constitution be amended to provide for 
  2.9   recall of elected state officers? 
  2.10                                     Yes .......
  2.11                                     No ........"