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SF 380

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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 2006, sections
204B.46; 205A.03, subdivision 1; 205A.06, subdivision 1a; 205A.12, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2006, 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 ofdeleted 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 anddeleted text end new text begin must be given to the county auditor at least 53 days prior to the election.
This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000.
new text end The
special mail deleted text begin proceduredeleted text end new text begin ballot procedures new text end must be deleted text begin givendeleted 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 2006, section 205A.03, subdivision 1, is amended to read:


Subdivision 1.

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

deleted text begin Indeleted text end new text begin The school board of new text end a school district deleted text begin election,deleted text end new text begin may, by resolution adopted by June 1 of
any 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
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 adeleted text end new text begin the new text end school district must hold a primary.

Sec. 3.

Minnesota Statutes 2006, 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 2006, section 205A.12, is amended by adding a subdivision
to read:


new text begin Subd. 5a. 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 section 206.58, subdivision 4.
new text end

Sec. 5. 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 2007 and thereafter.
new text end