SF 827

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

A bill for an act
relating to elections; providing for quarterly
election days for state and local elections, other
than special elections to fill a vacancy; amending
Minnesota Statutes 2004, sections 123B.63, subdivision
3; 126C.17, subdivision 11; 204C.05, by adding a
subdivision; 205.10, subdivision 3; 205A.05,
subdivision 1; 373.40, subdivision 2; 375.20; 458.40;
465.82, subdivision 2; 465.84; 469.053, subdivision 5;
469.0724; 469.190, subdivision 5; 475.521, subdivision
2; 475.58, subdivisions 1, 1a; 475.59; proposing
coding for new law in Minnesota Statutes, chapters
204D; 205; 205A; repealing Minnesota Statutes 2004,
sections 204C.05, subdivisions 1a, 1b; 205.175;
205A.09.

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

ARTICLE 1

QUARTERLY STATE AND LOCAL ELECTION DATES

Section 1.

new text begin [204D.035] QUARTERLY ELECTION DAY.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be referred
to as the "Quarterly Election Day Act of 2005."
new text end

new text begin Subd. 2. new text end

new text begin Elections covered. new text end

new text begin This section applies to all
state, county, municipal, school district, and any other
political subdivision elections held in the state of Minnesota,
and elections on ballot questions, except for (i) elections held
to fill a vacancy in office and required by statute to be held
sooner than the next day designated in subdivision 3, or (ii)
elections conducted by mail.
new text end

new text begin Subd. 3. new text end

new text begin Elections on designated days. new text end

new text begin (a)
Notwithstanding other law to the contrary, elections covered in
subdivision 2 may be held only on the following days:
new text end

new text begin (1) the second Tuesday in March;
new text end

new text begin (2) the third Tuesday in May;
new text end

new text begin (3) the first Tuesday after the second Monday in September;
and
new text end

new text begin (4) the first Tuesday after the first Monday in November.
new text end

new text begin (b) The time period in which a special election must be
conducted under any other law or charter provision must be
extended to conform to the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Primary date if not specified. new text end

new text begin If other law
provides for a primary to take place for a particular office but
does not specify the date of the primary, the primary may be
held on one of the days specified in subdivision 3, clauses (1)
to (3). The general election for the office must be held on the
date listed in subdivision 3 that immediately follows the date
chosen for the primary.
new text end

new text begin Subd. 5. new text end

new text begin Election times and polling places. new text end

new text begin An election
held in a jurisdiction on one of the days specified in
subdivision 3 must be held during the hours determined under
section 204C.05. The governing body of the municipality must
set the polling place locations to be used for each precinct in
all elections in any calendar year before the start of that
calendar year.
new text end

new text begin Subd. 6. new text end

new text begin Applicable laws. new text end

new text begin Except as otherwise provided
by this section, Minnesota election law remains applicable to
elections held on any of the days listed in subdivision 3.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2006.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 123B.63,
subdivision 3, is amended to read:

Subd. 3.

Capital project levy referendum.

A district may
levy the local tax rate approved by a majority of the electors
voting on the question to provide funds for an approved
project. The election must take place no more than five years
before the estimated date of commencement of the project. The
referendum must be held on a date deleted text begin set by the board deleted text end new text begin specified
under section 204D.035, subdivision 3 new text end . A referendum for a
project not receiving a positive review and comment by the
commissioner under section 123B.71 must be approved by at least
60 percent of the voters at the election. The referendum may be
called by the school board and may be held:

(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or

(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or

(3) notwithstanding section 475.59, as a conjunctive
question authorizing both the capital project levy and the
issuance of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five
years of the date of the election.

The ballot must provide a general description of the
proposed project, state the estimated total cost of the project,
state whether the project has received a positive or negative
review and comment from the commissioner, state the maximum
amount of the capital project levy as a percentage of net tax
capacity, state the amount that will be raised by that local tax
rate in the first year it is to be levied, and state the maximum
number of years that the levy authorization will apply.

The ballot must contain a textual portion with the
information required in this section and a question stating
substantially the following:

"Shall the capital project levy proposed by the board of
.......... School District No. .......... be approved?"

If approved, the amount provided by the approved local tax
rate applied to the net tax capacity for the year preceding the
year the levy is certified may be certified for the number of
years approved.

In the event a conjunctive question proposes to authorize
both the capital project levy and the issuance of obligations
for the project, appropriate language authorizing the issuance
of obligations must also be included in the question.

The district must notify the commissioner of the results of
the referendum.

Sec. 2.

Minnesota Statutes 2004, section 126C.17,
subdivision 11, is amended to read:

Subd. 11.

Referendum date.

(a) Except for a referendum
held under paragraph (b), any referendum under this section held
on a day other than the first Tuesday after the first Monday in
November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9, paragraph (b), to the
contrary, in the case of a referendum conducted by mail under
this paragraph, the notice required by subdivision 9, paragraph
(b), must be prepared and delivered by first-class mail at least
20 days before the referendum.

(b) In addition to the referenda allowed in subdivision 9,
clause (a), the commissioner may grant authority to a district
to hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt. new text begin A referendum must be
held on a date specified under section 204D.035, subdivision 3.
new text end

(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.

Sec. 3.

Minnesota Statutes 2004, section 204C.05, is
amended by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Elections; municipalities and school
districts. new text end

new text begin The governing body of a municipality or school
district may, by resolution, designate the hours during which
the polling places will remain open for voting at the next
succeeding and all later municipal or school district elections
that are not held at the same time as the state primary or state
general election. All polling places must be open at least
between the hours of 10:00 a.m. and 8:00 p.m. The resolution
remains in effect until revoked by the governing board or a
petition from voters is filed under this subdivision. If a
petition requesting longer voting hours for any election is
signed by a number of voters equal to ten percent of the votes
cast in the last municipal or school district general election,
whichever applies, and filed with the appropriate municipal or
school district clerk no later than 30 days before an election,
then the polling places for that election must open at 7:00 a.m.
and close at 8:00 p.m. The municipal or school district clerk
must give ten days published and posted notice of the change in
hours and notify the appropriate county auditors of the change.
new text end

Sec. 4.

Minnesota Statutes 2004, section 205.10,
subdivision 3, is amended to read:

Subd. 3.

Prohibition.

deleted text begin No deleted text end new text begin A new text end special election authorized
under subdivision 1 may be held deleted text begin within 40 days after the state
general election deleted text end new text begin only on one of the dates specified in section
204D.035, subdivision 3 new text end .

Sec. 5.

new text begin [205.176] VOTING HOURS.
new text end

new text begin In all municipal elections the hours for voting must be
determined as provided by section 204C.05.
new text end

Sec. 6.

Minnesota Statutes 2004, section 205A.05,
subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held
for a school district on a question on which the voters are
authorized by law to pass judgment. The school board may on its
own motion call a special election to vote on any matter
requiring approval of the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of
the number of voters voting at the preceding regular school
district election, the school board shall by resolution call a
special election to vote on any matter requiring approval of the
voters of a district. A question is carried only with the
majority in its favor required by law. The election officials
for a special election are the same as for the most recent
school district general election unless changed according to
law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district
general election. deleted text begin A special election may not be held during the
30 days before and the 30 days after the state primary, during
the 30 days before and the 40 days after the state general
election. In addition, a special election may not be held
during the 20 days before and the 20 days after any regularly
scheduled election of a municipality wholly or partially within
the school district. deleted text end new text begin A special election under this subdivision
must be held only on one of the dates specified in section
204D.035, subdivision 3. new text end Notwithstanding any other law to the
contrary, the time period in which a special election must be
conducted under any other law may be extended by the school
board to conform with the requirements of this subdivision.

Sec. 7.

new text begin [205A.095] HOURS FOR VOTING.
new text end

new text begin The hours for voting in school district elections must be
determined as provided by section 204C.05.
new text end

Sec. 8.

Minnesota Statutes 2004, section 373.40,
subdivision 2, is amended to read:

Subd. 2.

Application of election requirement.

(a) Bonds
issued by a county to finance capital improvements under an
approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds
must be approved by vote of at least three-fifths of the members
of the county board. In the case of a metropolitan county, the
bonds must be approved by vote of at least two-thirds of the
members of the county board.

(b) Before issuance of bonds qualifying under this section,
the county must publish a notice of its intention to issue the
bonds and the date and time of a hearing to obtain public
comment on the matter. The notice must be published in the
official newspaper of the county or in a newspaper of general
circulation in the county. The notice must be published at
least 14, but not more than 28, days before the date of the
hearing.

(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the
issuance is signed by voters equal to five percent of the votes
cast in the county in the last general election and is filed
with the county auditor within 30 days after the public
hearing. The commissioner of revenue shall prepare a suggested
form of the question to be presented at the election. new text begin The
election may be held only on one of the dates specified in
section 204D.035, subdivision 3.
new text end

Sec. 9.

Minnesota Statutes 2004, section 375.20, is
amended to read:

375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt,
appropriate money for a purpose, or exercise any other power or
authority, only if authorized by a vote of the people, the
question may be submitted at a special or general election, by a
resolution specifying the matter or question to be voted upon.
If the question is to authorize the appropriation of money,
creation of a debt, or levy of a tax, it shall state the
amount. Notice of the election shall be given as in the case of
special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into
effect. In the election the form of the ballot shall be: "In
favor of (here state the substance of the resolution to be
submitted), Yes ...... No......," with a square opposite each
of the words "yes" and "no," in one of which the voter shall
mark an "X" to indicate a choice. The county board may call a
special county election upon a question to be held deleted text begin within 60
days deleted text end new text begin on any date specified by section 204D.035, subdivision 3,
new text end after a resolution to that effect is adopted by the county
board. Upon the adoption of the resolution the county auditor
shall post and publish notices of the election, as required by
section 204D.22, subdivisions 2 and 3. The election shall be
conducted and the returns canvassed in the manner prescribed by
sections 204D.20 to 204D.27, so far as practicable.

Sec. 10.

Minnesota Statutes 2004, section 458.40, is
amended to read:

458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.

If a charter adopted under the Minnesota Constitution,
article IV, section 36, article XI, section 4, or article XII,
section 5, has a provision that requires the question of the
issuance of bonds to be submitted to the electors, the provision
prevails over sections 458.36 to 458.40. new text begin The question must be
submitted to the voters on one of the dates specified in section
204D.035, subdivision 3, notwithstanding any contrary provision
in the charter regarding the date of submission.
new text end

Sec. 11.

Minnesota Statutes 2004, section 465.82,
subdivision 2, is amended to read:

Subd. 2.

Contents of plan.

The plan must state:

(1) the specific cooperative activities the units will
engage in during the first two years of the venture;

(2) the steps to be taken to effect the merger of the
governmental units, with completion no later than four years
after the process begins;

(3) the steps by which a single governing body will be
created or, when the entire territory of a unit will be
apportioned between or among two or more units contiguous to the
unit that is to be apportioned, the steps to be taken by the
governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;

(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the
preliminary cooperative activities and the final merger, and a
two-, five-, and ten-year projection of expenditures for each
unit if it combined and if it remained separate;

(5) treatment of employees of the merging governmental
units, specifically including provisions for reassigning
employees, dealing with exclusive representatives, and providing
financial incentives to encourage early retirements;

(6) financial arrangements for the merger, specifically
including responsibility for debt service on outstanding
obligations of the merging units;

(7) one- and two-year impact analyses, prepared by the
granting state agency at the request of the local government
unit, of major state aid revenues received for each unit if it
combined and if it remained separate, including an impact
analysis, prepared by the Department of Revenue, of any property
tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F
resulting from the merger;

(8) procedures for a referendum to be held new text begin on a date
specified in section 204D.035, subdivision 3, new text end before the
proposed combination to approve combining the local government
units, specifically stating whether a majority of those voting
in each district proposed for combination or a majority of those
voting on the question in the entire area proposed for
combination is needed to pass the referendum; and

(9) a time schedule for implementation.

Notwithstanding clause (3) or any other law to the
contrary, all current members of the governing bodies of the
local government units that propose to combine under sections
465.81 to 465.86 may serve on the initial governing body of the
combined unit until a gradual reduction in membership is
achieved by foregoing election of new members when terms expire
until the number permitted by other law is reached.

Sec. 12.

Minnesota Statutes 2004, section 465.84, is
amended to read:

465.84 REFERENDUM.

During the first or second year of cooperation, a
referendum on the question of combination must be conducted.
The referendum must be on a date new text begin specified by section 204D.035,
subdivision 3, and new text end called by the governing bodies of the units
that propose to combine. The referendum must be conducted
according to the Minnesota Election Law, as defined in section
200.01. If the referendum fails, the same question or a
modified question may be submitted the following year. If the
referendum fails again, the same question may not be submitted.
Referendums shall be conducted on the same date in all local
government units.

Sec. 13.

Minnesota Statutes 2004, section 469.053,
subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

A city may increase its
levy for port authority purposes under subdivision 4 only as
provided in this subdivision. Its city council must first pass
a resolution stating the proposed amount of levy increase. The
city must then publish the resolution together with a notice of
public hearing on the resolution for two successive weeks in its
official newspaper or, if none exists, in a newspaper of general
circulation in the city. The hearing must be held two to four
weeks after the first publication. After the hearing, the city
council may decide to take no action or may adopt a resolution
authorizing the proposed increase or a lesser increase. A
resolution authorizing an increase must be published in the
city's official newspaper or, if none exists, in a newspaper of
general circulation in the city. The resolution is not
effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of
publication of the resolution. The petition must be signed by
voters equaling five percent of the votes cast in the city in
the last general election. The resolution is effective if
approved by a majority of those voting on the question. The
commissioner of revenue shall prepare a suggested form of
referendum question. The referendum must be held at a special
or general election deleted text begin before October 1 deleted text end new text begin on a date specified in
section 204D.035, subdivision 3, new text end of the year for which the levy
increase is proposed.

Sec. 14.

Minnesota Statutes 2004, section 469.0724, is
amended to read:

469.0724 GENERAL OBLIGATION BONDS.

The port authority of Cannon Falls or Redwood Falls must
not proceed with the sale of general obligation tax supported
bonds until the city council by resolution approves the proposed
issuance. The resolution must be published in the official
newspaper. If, within 30 days after the publication, a petition
signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city
clerk, the city and port authority must not issue the general
obligation tax supported bonds until the proposition has been
approved by a majority of the votes cast on the question at a
regular or special election new text begin held on one of the dates specified
in section 204D.035, subdivision 3 new text end .

Sec. 15.

Minnesota Statutes 2004, section 469.190,
subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

If the county board passes
a resolution under subdivision 4 to impose the tax, the
resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized
territory, together with a notice fixing a date for a public
hearing on the proposed tax.

The hearing must be held not less than two weeks nor more
than four weeks after the first publication of the notice.
After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax
as originally proposed or approving a lesser rate of tax. The
resolution must be published in a newspaper of general
circulation within the unorganized territory. The voters of the
unorganized territory may request a referendum on the proposed
tax by filing a petition with the county auditor within 30 days
after the resolution is published. The petition must be signed
by voters who reside in the unorganized territory. The number
of signatures must equal at least five percent of the number of
persons voting in the unorganized territory in the last general
election. If such a petition is timely filed, the resolution is
not effective until it has been submitted to the voters residing
in the unorganized territory at a general or special
election new text begin held on one of the dates specified in section 204D.035,
subdivision 3, new text end and a majority of votes cast on the question of
approving the resolution are in the affirmative. The
commissioner of revenue shall prepare a suggested form of
question to be presented at the referendum.

Sec. 16.

Minnesota Statutes 2004, section 475.521,
subdivision 2, is amended to read:

Subd. 2.

Election requirement.

(a) Bonds issued by a
city to finance capital improvements under an approved capital
improvements plan are not subject to the election requirements
of section 475.58. The bonds are subject to the net debt limits
under section 475.53. The bonds must be approved by an
affirmative vote of three-fifths of the members of a five-member
city council. In the case of a city council having more than
five members, the bonds must be approved by a vote of at least
two-thirds of the city council.

(b) Before the issuance of bonds qualifying under this
section, the city must publish a notice of its intention to
issue the bonds and the date and time of the hearing to obtain
public comment on the matter. The notice must be published in
the official newspaper of the city or in a newspaper of general
circulation in the city. Additionally, the notice may be posted
on the official Web site, if any, of the city. The notice must
be published at least 14 but not more than 28 days before the
date of the hearing.

(c) A city may issue the bonds only after obtaining the
approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the
issuance is signed by voters equal to five percent of the votes
cast in the city in the last general election and is filed with
the city clerk within 30 days after the public hearing. The
commissioner of revenue shall prepare a suggested form of the
question to be presented at the election. new text begin The election must be
held on one of the dates specified by section 204D.035,
subdivision 3.
new text end

Sec. 17.

Minnesota Statutes 2004, section 475.58,
subdivision 1, is amended to read:

Subdivision 1.

Approval by electors; exceptions.

Obligations authorized by law or charter may be issued by any
municipality upon obtaining the approval of a majority of the
electors voting new text begin at a special or general election held on one of
the dates specified in section 204D.035, subdivision 3, new text end on the
question of issuing the obligations, but an election shall not
be required to authorize obligations issued:

(1) to pay any unpaid judgment against the municipality;

(2) for refunding obligations;

(3) for an improvement or improvement program, which
obligation is payable wholly or partly from the proceeds of
special assessments levied upon property specially benefited by
the improvement or by an improvement within the improvement
program, or of taxes levied upon the increased value of property
within a district for the development of which the improvement
is undertaken, including obligations which are the general
obligations of the municipality, if the municipality is entitled
to reimbursement in whole or in part from the proceeds of such
special assessments or taxes and not less than 20 percent of the
cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the
proceeds of federal grant funds or a combination thereof, or is
estimated to be received from such taxes within the district;

(4) payable wholly from the income of revenue producing
conveniences;

(5) under the provisions of a home rule charter which
permits the issuance of obligations of the municipality without
election;

(6) under the provisions of a law which permits the
issuance of obligations of a municipality without an election;

(7) to fund pension or retirement fund liabilities pursuant
to section 475.52, subdivision 6;

(8) under a capital improvement plan under section 373.40;
and

(9) under sections 469.1813 to 469.1815 (property tax
abatement authority bonds), if the proceeds of the bonds are not
used for a purpose prohibited under section 469.176, subdivision
4g, paragraph (b).

Sec. 18.

Minnesota Statutes 2004, section 475.58,
subdivision 1a, is amended to read:

Subd. 1a.

Resubmission limitation.

If the electors do
not approve the issuing of obligations at an election required
by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted
to the electors deleted text begin within a period of deleted text end new text begin until a special or general
election held on a date specified in section 204D.035,
subdivision 3, and not sooner than new text end 180 days from the date the
election was held. If the question of authorizing the
obligations for the same purpose and in the same amount is not
approved a second time it may not be submitted to the electors
within a period of one year after the second election.

Sec. 19.

Minnesota Statutes 2004, section 475.59, is
amended to read:

475.59 MANNER OF SUBMISSION; NOTICE.

When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it
shall provide for submission of the proposition of their
issuance at a general or special election new text begin held on a date
specified by section 204D.035, subdivision 3, new text end or new text begin at a new text end town or
school district meeting. Notice of such election or meeting
shall be given in the manner required by law and shall state the
maximum amount and the purpose of the proposed issue. In any
school district, the school board or board of education may,
according to its judgment and discretion, submit as a single
ballot question or as two or more separate questions in the
notice of election and ballots the proposition of their issuance
for any one or more of the following, stated conjunctively or in
the alternative: acquisition or enlargement of sites,
acquisition, betterment, erection, furnishing, equipping of one
or more new schoolhouses, remodeling, repairing, improving,
adding to, betterment, furnishing, equipping of one or more
existing schoolhouses. In any city, town, or county, the
governing body may, according to its judgment and discretion,
submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition
of their issuance, stated conjunctively or in the alternative,
for the acquisition, construction, or improvement of any
facilities at one or more locations.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 204C.05, subdivisions 1a
and 1b; 205.175; and 205A.09, are repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2006.
new text end