HF 3133

1st Engrossment - 81st Legislature (1999 - 2000) 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, by adding a section; providing for 
  1.4             removal and replacement of elected officials who move 
  1.5             from their districts. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
  1.8      An amendment to the Minnesota Constitution, article VIII, 
  1.9   by adding a section, is proposed to the people.  If the 
  1.10  amendment is adopted, the section will read as follows: 
  1.11     Sec. 7.  If an executive officer listed in article V, 
  1.12  section 1, moves from Minnesota to another place, a senator or 
  1.13  representative moves outside the district the senator or 
  1.14  representative was elected to represent, or any other elected 
  1.15  public officer in Minnesota moves away from the district or 
  1.16  jurisdiction that elected the officer, that person is 
  1.17  automatically removed from that office and the governor, in the 
  1.18  case of state executive and legislative officers, or the 
  1.19  appropriate officer, in the case of other elected public 
  1.20  officers, must immediately call a special election to fill the 
  1.21  vacancy unless the constitution or law prescribes another method 
  1.22  for filling the vacancy.  For the purposes of this section, a 
  1.23  person moves from the state or district if the person buys, 
  1.24  rents, or otherwise maintains a residence outside the state or 
  1.25  district and:  (1) no longer owns, rents, or maintains a 
  2.1   residence in the state or district; or (2) spends a total of 90 
  2.2   days residing outside the state or district during any 365-day 
  2.3   period.  For purposes of clause (2), a senator or representative 
  2.4   is not residing outside the district if the person is attending 
  2.5   a session of the legislature. 
  2.6      The 90-day limit in clause (2) does not apply to elected 
  2.7   officials who are temporarily outside the state or their 
  2.8   districts while actively pursuing an advanced educational degree 
  2.9   or serving on temporary active duty with the United States armed 
  2.10  forces.  The legislature may provide for other limited 
  2.11  exceptions to the 90-day limit. 
  2.12     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.13     The proposed amendment must be submitted to the people at 
  2.14  the 2000 general election.  The question submitted shall be: 
  2.15     "Shall the Minnesota Constitution be amended to provide 
  2.16  that elected state executive officers, state legislators, and 
  2.17  other elected officials in Minnesota are automatically removed 
  2.18  from office when they move away from the jurisdiction or 
  2.19  district that elected them and that immediate special elections 
  2.20  be called to fill the vacancies?  
  2.21                                     Yes .......
  2.22                                     No ........"