Minnesota Legislature
SF 539
as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:46am
Current Version - as introduced
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A bill for an act
relating to elections; authorizing recall elections for school board members;
eliminating the authority of a school board to remove members; amending
Minnesota Statutes 2014, sections 351.14, subdivision 5, by adding a subdivision;
351.15; 351.16, subdivisions 1, 2, 3, 4; 351.18; 351.19, subdivision 4; 351.20;
351.21; 351.22, subdivisions 1, 2; repealing Minnesota Statutes 2014, sections
123B.09, subdivision 9; 128D.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 351.14, subdivision 5, is amended to read:
Subd. 5.
Elected deleted text begin countydeleted text end new text begin local new text end official.
"Elected deleted text begin countydeleted text end new text begin local new text end official" meansnew text begin :
new text end
new text begin (1)new text end any public official who is elected to countywide office or appointed to an elective
countywide office, including county attorney, county sheriff, county auditor, county
recorder, county treasurer, and soil and water conservation supervisordeleted text begin . "Elected county
official" also meansdeleted text end new text begin ;
new text end
new text begin (2)new text end a county commissioner elected or appointed from a commissioner district or a
soil and water conservation district supervisor elected or appointed from a supervisor
district established under section 103C.311, subdivision 2new text begin ; or
new text end
new text begin (3) a school board membernew text end .
Sec. 2.
Minnesota Statutes 2014, section 351.14, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Filing official. new text end
new text begin
"Filing official" means:
new text end
new text begin
(1) the county auditor for county offices; or
new text end
new text begin
(2) the school district clerk for school board members.
new text end
Sec. 3.
Minnesota Statutes 2014, section 351.15, is amended to read:
351.15 REMOVAL OF ELECTED deleted text begin COUNTYdeleted text end new text begin LOCALnew text end OFFICIAL.
An elected deleted text begin countydeleted text end new text begin local new text end official may be removed from office in accordance with the
procedures established in sections 351.14 to 351.23.
Sec. 4.
Minnesota Statutes 2014, section 351.16, subdivision 1, is amended to read:
Subdivision 1.
Form of petition.
Any registered voter may petition the deleted text begin county
auditordeleted text end new text begin filing officer new text end requesting a removal election and setting forth facts which allege with
specificity that an elected deleted text begin countydeleted text end new text begin local new text end official committed malfeasance or nonfeasance in
the performance of official duties during the current or any previous term in the office held
by the elected deleted text begin countydeleted text end new text begin local new text end official, except that a petition may not be submitted during
the 180 days immediately preceding a general election for the office which is held by
the deleted text begin countydeleted text end new text begin elected local new text end official named in the petition. The petitioner must attach to the
petition documents which contain the signatures of supporters who are registered voters
totaling at least 25 percent of the number of persons who voted in the preceding election
for the office which is held by the deleted text begin countydeleted text end new text begin elected local new text end official named in the petition.
Each page on which signatures are included must clearly identify the purpose of the
petition. new text begin In a removal election involving a countywide office, new text end the registered voters must
be residents of the county deleted text begin or,deleted text end new text begin .new text end In a removal election involving a county commissioner,
new text begin the registered voters must be residents new text end of the commissioner district which elected the
named county commissioner. new text begin In a removal election involving a school board member,
the registered voters must be residents of the school district. new text end The signatures of supporters
must be on forms provided by the county auditor.
Sec. 5.
Minnesota Statutes 2014, section 351.16, subdivision 2, is amended to read:
Subd. 2.
deleted text begin County auditor'sdeleted text end new text begin Filing official's new text end duties.
The deleted text begin county auditordeleted text end new text begin filing official
new text end shall examine the petition to determine whether it contains the requisite number of valid
signatures of registered voters. If so, the deleted text begin county auditordeleted text end new text begin filing official new text end shall forward the
petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt
of the petition. If the deleted text begin county auditordeleted text end new text begin filing official new text end determines that the petition does not
include the requisite number of signatures, the deleted text begin county auditordeleted text end new text begin filing officialnew text end shall deny the
petition within 15 days of receipt of the petition.
Sec. 6.
Minnesota Statutes 2014, section 351.16, subdivision 3, is amended to read:
Subd. 3.
Removal of county auditor.
If the county auditor is the named elected
county official, the petition must be submitted to the chair of the county board of
commissioners who shall appoint a county official to perform the duties of the deleted text begin county
auditordeleted text end new text begin filing official new text end specified in sections 351.14 to 351.23.
Sec. 7.
Minnesota Statutes 2014, section 351.16, subdivision 4, is amended to read:
Subd. 4.
Limitation.
An elected deleted text begin countydeleted text end new text begin local new text end official is not subject to a removal
election on the ground that misfeasance in the performance of official duties was
committed, or on the ground of disagreement with actions taken that were within the
lawful discretion of the elected deleted text begin countydeleted text end new text begin local new text end official.
Sec. 8.
Minnesota Statutes 2014, section 351.18, is amended to read:
351.18 WAIVER.
An elected deleted text begin countydeleted text end new text begin local new text end official who is the subject of a petition under section 351.16
may waive in writing the right to a public hearing. If the hearing is waived, the case must
be certified by order of the chief justice to the deleted text begin county auditordeleted text end new text begin filing official new text end for a removal
election to be held within 30 days of the receipt of the order.
Sec. 9.
Minnesota Statutes 2014, section 351.19, subdivision 4, is amended to read:
Subd. 4.
Legal counsel.
new text begin (a) In a removal election involving a county official, new text end the
petitioners and the elected county official shall be represented by legal counsel at their
own expense, and shall pay their costs associated with the hearing except that the county
may assume the legal costs incurred by the elected county official. The county shall
pay all other costs of the hearing.
new text begin
(b) In a removal election involving a school board member, the petitioners and the
school board member shall be represented by legal counsel at their own expense, and shall
pay their costs associated with the hearing except that the school district may assume the
legal costs incurred by the school board member. The school district shall pay all other
costs of the hearing.
new text end
Sec. 10.
Minnesota Statutes 2014, section 351.20, is amended to read:
351.20 DECISION; CERTIFICATION.
If the special master determines that the elected deleted text begin countydeleted text end new text begin local new text end official committed
malfeasance or nonfeasance in the performance of official duties, the case must be certified
to the deleted text begin county auditordeleted text end new text begin filing official new text end for a removal election on a date to be fixed by the
deleted text begin county auditordeleted text end new text begin filing official new text end and held within 30 days of the order of the special master.
Sec. 11.
Minnesota Statutes 2014, section 351.21, is amended to read:
351.21 APPEAL.
An elected deleted text begin countydeleted text end new text begin local new text end official may appeal the decision of a special master under
section 351.20 to the Supreme Court within ten days. The removal election is stayed until
20 days after the Supreme Court issues a decision on the appeal. The Supreme Court
shall grant an expedited appeal.
Sec. 12.
Minnesota Statutes 2014, section 351.22, subdivision 1, is amended to read:
Subdivision 1.
Majority vote; form of question.
An elected deleted text begin countydeleted text end new text begin local new text end official
may be removed pursuant to sections 351.14 to 351.23 by majority vote. deleted text begin Thedeleted text end new text begin A new text end removal
election new text begin for a county official new text end is a special election conducted under applicable provisions of
section 375.20. The question submitted to the voters must be:
"Should .................................................. (Name) elected (appointed) to the office of
.............................................. (title) be removed from that office?
|
Yes
. |
||
|
No
. |
" |
Any resulting vacancy must be filled as provided by law.
Sec. 13.
Minnesota Statutes 2014, section 351.22, subdivision 2, is amended to read:
Subd. 2.
Disqualification.
A removed deleted text begin countydeleted text end new text begin elected local new text end official may not thereafter
hold the same office for the remainder of the term to which the official was elected.
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, sections 123B.09, subdivision 9; and 128D.14,
new text end
new text begin
are repealed.
new text end