HF 471

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; requiring primaries in certain 
  1.3             school district elections; amending Minnesota Statutes 
  1.4             2002, sections 205A.03, subdivisions 1, 3, 4; 205A.06, 
  1.5             subdivision 1a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 205A.03, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [RESOLUTION REQUIRED PRIMARY IN CERTAIN 
  1.10  CIRCUMSTANCES.] The school board of a school district may, by 
  1.11  resolution adopted by June 1 of any year, decide to choose 
  1.12  nominees for school district elective offices by a primary as 
  1.13  provided in subdivisions 1 to 6.  The resolution, when adopted, 
  1.14  is effective for all ensuing elections of board members in that 
  1.15  school district until it is revoked. In a school district 
  1.16  election, if there are more than two candidates for a specified 
  1.17  school board position or more than twice as many school board 
  1.18  candidates as there are at-large school board positions 
  1.19  available, a school district must hold a primary.  
  1.20     Sec. 2.  Minnesota Statutes 2002, section 205A.03, 
  1.21  subdivision 3, is amended to read: 
  1.22     Subd. 3.  [CANDIDATES, FILING.] The clerk shall place upon 
  1.23  the primary ballot without partisan designation the names of 
  1.24  individuals whose candidacies have been filed and for whom the 
  1.25  proper filing fee has been paid.  When not more than twice the 
  2.1   number of individuals to be elected to a school district 
  2.2   elective office as many school board candidates as there are 
  2.3   at-large school board positions available file for nomination 
  2.4   for the office or when not more than two candidates for a 
  2.5   specified school board position file for nomination for that 
  2.6   office, their names must not be placed upon the primary ballot 
  2.7   and must be placed on the school district general election 
  2.8   ballot as the nominees for that office.  
  2.9      Sec. 3.  Minnesota Statutes 2002, section 205A.03, 
  2.10  subdivision 4, is amended to read: 
  2.11     Subd. 4.  [RESULTS.] The school district primary must be 
  2.12  conducted and the returns made in the manner provided for the 
  2.13  state primary as far as practicable.  Within two days after the 
  2.14  primary, the school board of the school district shall canvass 
  2.15  the returns, and the two candidates for each office specified 
  2.16  school board position who receive the highest number of votes, 
  2.17  or a number of candidates equal to twice the number of 
  2.18  individuals to be elected to the office at-large school board 
  2.19  positions who receive the highest number of votes, are the 
  2.20  nominees for the office named.  Their names must be certified to 
  2.21  the school district clerk who shall place them on the school 
  2.22  district general election ballot without partisan designation 
  2.23  and without payment of an additional fee. 
  2.24     Sec. 4.  Minnesota Statutes 2002, section 205A.06, 
  2.25  subdivision 1a, is amended to read: 
  2.26     Subd. 1a.  [FILING PERIOD.] In school districts nominating 
  2.27  candidates at a school district primary, Affidavits of candidacy 
  2.28  may must be filed with the school district clerk no earlier than 
  2.29  the 70th day and no later than the 56th day before the first 
  2.30  Tuesday after the second Monday in September in the year when 
  2.31  the school district general election is held.  In all other 
  2.32  school districts, affidavits of candidacy must be filed not more 
  2.33  than 70 days and not less than 56 days before the school 
  2.34  district general election. 
  2.35     Sec. 5.  [EFFECTIVE DATE.] 
  2.36     (a) Sections 1 to 4 are effective the day following final 
  3.1   enactment for independent school district No. 742. 
  3.2      (b) Sections 1 to 4 are effective January 1, 2004, for all 
  3.3   other school districts and applies to school board elections 
  3.4   held in 2004 and thereafter.