HF 3138

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.  The recall is commenced by filing a petition with 
  1.12  the secretary of state.  The sufficiency of any statement of 
  1.13  reasons or grounds shall be a political rather than a judicial 
  1.14  question.  The petition must be signed by a number of eligible 
  1.15  voters not less than 20 percent of the number who voted for all 
  1.16  candidates for the office at the most recent general election.  
  1.17  Upon determining that the signatures are sufficient, the 
  1.18  secretary of state shall conduct a recall election in the manner 
  1.19  provided by law.  A recall election may not be held less than 
  1.20  six months before the end of the officer's term. 
  1.21     The legislature of this state may provide for the removal 
  1.22  of inferior officers for malfeasance or nonfeasance in the 
  1.23  performance of their duties. 
  1.24     Sec. 2.  [SCHEDULE AND QUESTION.] 
  1.25     The amendment shall be submitted to the people at the 1996 
  2.1   general election.  The question submitted must be: 
  2.2      "Shall the Minnesota Constitution be amended to provide for 
  2.3   recall of elected state officers? 
  2.4                                      Yes .......
  2.5                                      No ........"