HF 3474

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; changing certain school district election provisions;
eliminating an approval requirement for mail elections; authorizing certain
school board primary elections; amending Minnesota Statutes 2004, sections
204B.46; 205A.03, subdivision 1; 205A.06, subdivision 1a; 205A.12, by adding
a subdivision; 206.58, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 204B.46, is amended to read:

204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may deleted text begin apply to the county auditor for approval of deleted text end new text begin conduct new text end an election by
mail with no polling place other than the office of the auditor or clerk. No more than two
questions may be submitted at a mail election and no offices may be voted on. Notice
of the election deleted text begin and deleted text end new text begin must be given to the county auditor at least 53 days prior to the
election. This notice also fulfills the requirements of Minnesota Rules, part 8210.3000.
new text end The special mail deleted text begin procedure deleted text end new text begin ballot procedures new text end must be deleted text begin given deleted text end new text begin posted new text end at least six weeks prior
to the election. No earlier than 20 or later than 14 days prior to the election, the auditor
or clerk shall mail ballots by nonforwardable mail to all voters registered in the county,
municipality, or school district. Eligible voters not registered at the time the ballots are
mailed may apply for ballots pursuant to chapter 203B.

Sec. 2.

Minnesota Statutes 2004, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Required deleted text end new text begin Resolution requiring new text end primary in certain circumstances.

deleted text begin In a school district election, deleted text end new text begin The school board of a school district may, by resolution
adopted by June 1 of any year, decide to choose nominees for school board by a primary as
provided in subdivisions 1 to 6. 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 new text end 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, deleted text begin a deleted text end new text begin the new text end school district must hold a primary.

Sec. 3.

Minnesota Statutes 2004, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

new text begin In school districts that have adopted a resolution to choose
nominees for school board by a primary election, new text end affidavits of candidacy must be filed
with the school district clerk no earlier than the 70th day and no later than the 56th day
before the first Tuesday after the second Monday in September in the year when the
school district general election is held. new text begin In all other school districts, affidavits of candidacy
must be filed no earlier than the 70th day and no later than the 56th day before the school
district general election.
new text end

Sec. 4.

Minnesota Statutes 2004, section 205A.12, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Election to convert to at-large elections. new text end

new text begin Except as provided in
subdivision 7, if a school district has previously been reorganized into election districts,
the school board may, on its own motion or upon a petition signed by at least 50 electors
of the district or ten percent of the votes cast in the most recent school board general
election, whichever number is larger, call a special election to dissolve the election
districts previously established and thereafter to elect school board members at large. The
resolution must specify the first year in which at-large elections would be held. The
election must be held at least 98 days before the first school district primary, or before
the first school district general election if there is no primary, at which at-large elections
would be held if approved. The question on the ballot must be presented in substantially
the following form: "Shall the members of the school board of Independent School
District No. .... be elected at large in 20.. and thereafter?"
new text end

Sec. 5.

Minnesota Statutes 2004, section 206.58, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin School districts. new text end

new text begin The school board of a school district may provide for
the use by the district of an electronic voting system in one or more polling places or
combined polling places in the school district for an election not held in conjunction with a
statewide election. No system may be adopted or used unless it has been approved by the
secretary of state pursuant to section 206.57. The school district shall notify the secretary
of state of its decision in compliance with subdivision 4.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment and applies to school board
elections held in 2006 and thereafter.
new text end