Minnesota Legislature
HF 3381
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm
Current Version - as introduced
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A bill for an act
relating to elections; requiring city, town, and school district general elections to
be conducted on the first Tuesday after the first Monday in November of an
even-numbered year; permitting cities of the first class to choose to conduct a
general election on the first Tuesday after the first Monday in November of either
an odd-numbered or even-numbered year; requiring affected cities, towns, and
school districts to adopt an orderly transition plan; amending Minnesota Statutes
2022, sections 205.07, subdivisions 1, 3; 205.075, subdivision 2; 205A.03,
subdivisions 1, 2; 205A.04, subdivision 1; 205A.055, subdivision 1; repealing
Minnesota Statutes 2022, section 205A.04, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 205.07, subdivision 1, is amended to read:
Subdivision 1.
Date of election.
The municipal general election in each city shall be
held on the first Tuesday after the first Monday in November in every even-numbered year.
Notwithstanding any provision of law to the contrary and subject to the provisions of this
section, the governing body of a city new text begin of the first class new text end may, by ordinance passed at a regular
meeting held at least 180 calendar days before the first day to file for candidacy in the next
municipal election, decide to hold the election on the first Tuesday after the first Monday
in November in either an even- or odd-numbered year. A city new text begin of the first class new text end may hold
elections in either the even-numbered year or the odd-numbered year, but not both. When
a citynew text begin of the first classnew text end changes its elections from one year to another, and does not provide
for the expiration of terms by ordinance, the term of an incumbent expiring at a time when
no municipal election is held in the months immediately prior to expiration is extended until
the date for taking office following the next scheduled municipal election. If the change
results in having three council members to be elected at a succeeding election, the two
individuals receiving the highest vote shall serve for terms of four years and the individual
receiving the third highest number of votes shall serve for a term of two years. To provide
an orderly transition to the odd or even year election plan, the governing body of the city
may adopt supplementary ordinances regulating initial elections and officers to be chosen
at the elections and shortening or lengthening the terms of incumbents and those elected at
the initial election. The term of office for the mayor may be either two or four years. The
term of office of council members is four years. Whenever the time of the municipal election
new text begin in a city of the first class new text end is changed, the city clerk immediately shall notify in writing the
county auditor and secretary of state of the change of date. Thereafter the municipal general
election shall be held on the first Tuesday after the first Monday in November in each
odd-numbered or even-numbered year until the ordinance is revoked and notification of the
change is made. A municipal general election scheduled to be held in an odd-numbered
year may be postponed for inclement weather as provided in section 205.105.
Sec. 2.
Minnesota Statutes 2022, section 205.07, subdivision 3, is amended to read:
Subd. 3.
Effect of ordinance; referendum.
An ordinance changing the year of the
municipal election new text begin in a city of the first class new text end is effective 240 days after passage and
publication or at a later date fixed in the ordinance. Within 180 days after passage and
publication of the ordinance, a petition requesting a referendum on the ordinance may be
filed with the city clerk. The petition shall be signed by eligible voters equal in number to
ten percent of the total number of votes cast in the city at the last municipal general election.
If the requisite petition is filed within the prescribed period, the ordinance shall not become
effective until it is approved by a majority of the voters voting on the question at a general
or special election held on a date authorized by section 205.10, subdivision 3a. If the petition
is filed, the governing body may reconsider its action in adopting the ordinance.
Sec. 3.
Minnesota Statutes 2022, section 205.075, subdivision 2, is amended to read:
Subd. 2.
Alternate date.
A town may, by resolution or ordinance, designate the first
Tuesday after the first Monday in November of deleted text begin either thedeleted text end new text begin annew text end even-numbered deleted text begin or the
odd-numbereddeleted text end year as the date of the town general election. Town supervisors elected at a
November town general election shall serve four-year terms.
The ordinance or resolution changing the date of the town general election must include
a plan to shorten or lengthen the terms of office to provide an orderly transition to the
November election schedule.
The ordinance or resolution changing the date of the town general election may be
proposed by the town board or by a resolution of the electors adopted at the annual town
meeting and is effective upon an affirmative vote of the electors at the next town general
election.
Sec. 4.
Minnesota Statutes 2022, section 205A.03, subdivision 1, is amended to read:
Subdivision 1.
Resolution requiring primary in certain circumstances.
The school
board of a school district may, by resolution adopted by April 15 of deleted text begin anydeleted text end new text begin an even-numberednew text end
year, decide to choose nominees for school board by a primary as provided in this section.
The resolution, when adopted, is effective for all ensuing elections of board members in
that school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more than
twice as many school board candidates as there are at-large school board positions available,
the school district must hold a primary.
Sec. 5.
Minnesota Statutes 2022, section 205A.03, subdivision 2, is amended to read:
Subd. 2.
Date.
The school district primary must be held on the second Tuesday in August
in the year when the school district general election is held. The clerk shall give notice of
the primary in the manner provided in section 205A.07. deleted text begin The date of a school district primary
held in an odd-numbered year may be postponed for inclement weather as provided in
section 205A.055.
deleted text end
Sec. 6.
Minnesota Statutes 2022, section 205A.04, subdivision 1, is amended to read:
Subdivision 1.
School district general election.
The general election in each school
district must be held on the first Tuesday after the first Monday in November of deleted text begin either the
odd-numbered or thedeleted text end new text begin annew text end even-numbered year. deleted text begin A general election held in an odd-numbered
year may be postponed for inclement weather as provided in section 205A.055.
deleted text end
Sec. 7.
Minnesota Statutes 2022, section 205A.055, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
This section applies to a deleted text begin primary,deleted text end specialdeleted text begin , or generaldeleted text end
election held in a school district that is not held in conjunction with a state or federal election.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 205A.04, subdivision 3,
new text end
new text begin
is repealed.
new text end
Sec. 9. new text begin EFFECTIVE DATE; TRANSITION.
new text end
new text begin
This act is effective July 1, 2024, and applies to elections conducted on or after January
1, 2025. No later than January 1, 2025, the governing body of an affected city, town, or
school district must adopt a plan for an orderly transition to an even-numbered year election
as required by this act. The plan must be adopted by ordinance in the case of a city, or by
ordinance or resolution in the case of a town or school district. The terms of office for elected
officers of the city, town, or school district may be lengthened or shortened by one year as
part of the transition plan.
new text end
APPENDIX
Repealed Minnesota Statutes: 24-05952
205A.04 GENERAL ELECTION.
Subd. 3.
Change in year of general election.
The school board may, by resolution, change the year in which the school district general election will be held. The resolution must be approved no later than four weeks before the first day to file affidavits of candidacy for the general election. A plan for the orderly transition to the new election year must be included in the resolution. The terms of school board members may be lengthened or shortened by one year as a part of the transition process.