SF 840

as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 11:02am

A bill for an act
relating to elections; establishing four uniform special election dates each year;
requiring special elections to be held on one of the four uniform dates; amending
Minnesota Statutes 2016, sections 103B.545, subdivision 2; 123A.46, subdivision
12; 123B.63, subdivision 3; 126C.17, subdivision 11; 128D.05, subdivision 2;
205.07, subdivision 3; 205.10, by adding a subdivision; 205A.05, subdivision 1,
by adding a subdivision; 216B.46; 365A.06, subdivision 2; 367.33, subdivision
1; 375.101, subdivision 1; 375B.07, subdivision 2; 375B.10; 383B.031, subdivision
1; 383E.24, subdivision 7; 410.10, subdivision 1; 447.32, subdivision 2; 475.59;
repealing Minnesota Statutes 2016, section 205.10, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 103B.545, subdivision 2, is amended to read:

Subd. 2.

Election.

The county board or joint county authority shall conduct a special
election deleted text begin in July or August after receiving the referendum petition deleted text end new text begin on a date authorized in
section 205.10, subdivision 3a new text end . The special election must be held within the proposed lake
improvement district. The county auditor shall administer the special election.

Sec. 2.

Minnesota Statutes 2016, section 123A.46, subdivision 12, is amended to read:

Subd. 12.

Election date.

If an election is required under subdivision 11, then before the
expiration of a 45 day period after the date of the order for dissolution and attachment, the
auditor shall set a date and call the election by filing a written order for the election and
serving a copy of the order personally or by mail on the clerk of the district in which the
election is to be held. The deleted text begin date shall be not less than 15 nor more than 30 days after the date
of the order, upon which date a deleted text end special election shall be held in the district proposed for
dissolution new text begin and must be held on a date authorized in section 205A.05, subdivision 1a new text end . The
auditor shall post and publish notice of the election according to law. Upon receipt of the
notice, the board shall conduct the election.

Sec. 3.

Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:

Subd. 3.

Capital project levy referendum.

(a) 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
authorized by section 205A.05, subdivision 1a new text end . A district must meet the requirements of
section 123B.71 for projects funded under this section. If a review and comment is required
under section 123B.71, subdivision 8, a referendum for a project not receiving a positive
review and comment by the commissioner must be approved by at least 60 percent of the
voters at the election.

(b) 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.

(c) 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, not to exceed ten, approved.

(d) If the district proposes a new capital project to begin at the time the existing capital
project expires and at the same maximum tax rate, the general description on the ballot may
state that the capital project levy is being renewed and that the tax rate is not being increased
from the previous year's rate. An election to renew authority under this paragraph may be
called at any time that is otherwise authorized by this subdivision. The ballot notice required
under section 275.60 may be modified to read:

"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW
AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO
EXPIRE."

(e) 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.

(f) The district must notify the commissioner of the results of the referendum.

Sec. 4.

Minnesota Statutes 2016, 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 new text begin and
held on a date authorized by section 205A.05, subdivision 1a new text end . 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 deleted text begin different day deleted text end new text begin date authorized by
section 205A.05, subdivision 1a, new text end 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.

(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. 5.

Minnesota Statutes 2016, section 128D.05, subdivision 2, is amended to read:

Subd. 2.

Time of change.

A proposed change in election years adopted under subdivision
1 is effective 240 days after passage and publication or at a later date fixed in the proposal.
Within 180 days after passage and publication of the proposal, a petition requesting a
referendum on the proposal may be filed with the school district clerk. The petition must
be signed by eligible voters equal in number to five percent of the total number of votes
cast in the city of Minneapolis at the most recent state general election. If the requisite
petition is filed within the prescribed period, the proposal does not become effective until
it is approved by a majority of the voters voting on the question at a general or special
election held deleted text begin at least 60 days after submission of the petition deleted text end new text begin on a date authorized by section
205A.05, subdivision 1a new text end . If the petition is filed, the governing body may reconsider its
action in adopting the proposal.

Sec. 6.

Minnesota Statutes 2016, section 205.07, subdivision 3, is amended to read:

Subd. 3.

Effect of ordinance; referendum.

An ordinance changing the year of the
municipal election is effective 240 days after passage and publication or at a later date fixed
in the ordinance. Within 180 days after passage and publication of the ordinance, a petition
requesting a referendum on the ordinance may be filed with the city clerk. The petition shall
be signed by eligible voters equal in number to ten percent of the total number of votes cast
in the city at the last municipal general election. If the requisite petition is filed within the
prescribed period, the ordinance shall not become effective until it is approved by a majority
of the voters voting on the question at a general or special election held deleted text begin at least 60 days
after submission of the petition deleted text end new text begin on a date authorized by section 205.10, subdivision 3a new text end . If
the petition is filed, the governing body may reconsider its action in adopting the ordinance.

Sec. 7.

Minnesota Statutes 2016, section 205.10, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Special election dates. new text end

new text begin (a) Except as allowed in paragraph (b) and subdivision
4, a special election held in a city or town must be held on one of the following dates: the
second Tuesday in March, the second Tuesday in May, the second Tuesday in August, or
the first Tuesday after the first Monday in November. A home rule charter city must not
designate additional dates in its charter.
new text end

new text begin (b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.
new text end

Sec. 8.

Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:

Subdivision 1.

Questions.

deleted text begin (a) deleted text end 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 filed with the school board of 50 or more voters of the
school district or five percent of the number of voters voting at the preceding school district
general election, whichever is greater, 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 (b) A special election may not be held:
deleted text end

deleted text begin (1) during the 56 days before and the 56 days after a regularly scheduled primary or
general election conducted wholly or partially within the school district;
deleted text end

deleted text begin (2) on the date of a regularly scheduled town election or annual meeting in March
conducted wholly or partially within the school district; or
deleted text end

deleted text begin (3) during the 30 days before or the 30 days after a regularly scheduled town election
in March conducted wholly or partially within the school district.
deleted text end

deleted text begin (c) 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.
deleted text end

Sec. 9.

Minnesota Statutes 2016, section 205A.05, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Special election dates. new text end

new text begin (a) Except as allowed in paragraph (b), a special
election held in a school district must be held on one of the following dates: the second
Tuesday in March, the second Tuesday in May, the second Tuesday in August, or the first
Tuesday after the first Monday in November.
new text end

new text begin (b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.
new text end

Sec. 10.

Minnesota Statutes 2016, section 216B.46, is amended to read:

216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.

Any municipality which desires to acquire the property of a public utility as authorized
under the provisions of section 216B.45 may determine to do so by resolution of the
governing body of the municipality taken after a public hearing of which at least 30 days'
published notice shall be given as determined by the governing body. The determination
shall become effective when ratified by a majority of the qualified electors voting on the
question at a special election to be held deleted text begin for that purpose, not less than 60 nor more than 120
days after the resolution of the governing body of the municipality deleted text end new text begin on a date authorized by
section 205.10, subdivision 3a new text end .

Sec. 11.

Minnesota Statutes 2016, section 365A.06, subdivision 2, is amended to read:

Subd. 2.

Election.

The town board shall hold a special election within the boundaries
of the proposed district deleted text begin not less than 30 nor more than 90 days after receipt of the petition deleted text end new text begin
on a date authorized by section 205.10, subdivision 3a new text end . The question submitted and voted
upon by the property owners within the territory of the proposed district must be phrased
substantially as follows:

"Shall a subordinate service district be established to provide (service or services to be
provided) financed by (revenue sources)?"

If a majority of those voting on the question favor creation of the district, the district
shall begin upon certification of the vote by the town clerk. The town clerk shall administer
the election.

Sec. 12.

Minnesota Statutes 2016, section 367.33, subdivision 1, is amended to read:

Subdivision 1.

Election at annual election or special election.

Following the adoption
of option A in a town, except a town exercising the powers of a statutory city, the town
board may call a special town election to be held deleted text begin not less than 30 nor more than 60 days
after the annual town election at which the option is adopted deleted text end new text begin on a date authorized by section
205.10, subdivision 3a new text end , to elect two additional members to the board of supervisors. In lieu
of a special election, the town board may determine to elect the additional members at the
next annual town election.

If the town is exercising the powers of a statutory city under section 368.01 or a special
law granting substantially similar powers, the town board shall call a special election to be
held deleted text begin not less than 30 nor more than 60 days after the annual election deleted text end new text begin on a date authorized
by section 205.10, subdivision 3a, new text end at which option A is adopted to elect the two additional
supervisors.

Sec. 13.

Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:

Subdivision 1.

Option for filling vacancies; special election.

(a) Except as provided
in subdivision 3, a vacancy in the office of county commissioner may be filled as provided
in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to
be filled under this subdivision and subdivision 2, it must be filled at a special election. The
county board may by resolution call for a special election to be held deleted text begin according to the earliest
of the following time schedules:
deleted text end

deleted text begin (1) not less than 120 days following the date the vacancy is declared, but no later than
12 weeks prior to the date of the next regularly scheduled primary election;
deleted text end

deleted text begin (2) concurrently with the next regularly scheduled primary election and general election;
or
deleted text end

deleted text begin (3) no sooner than 120 days following the next regularly scheduled general election deleted text end new text begin on
a date authorized by section 205.10, subdivision 3a new text end .

(b) The person elected at the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and taking the oath of office and shall
serve the remainder of the unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on the district
as reapportioned.

Sec. 14.

Minnesota Statutes 2016, section 375B.07, subdivision 2, is amended to read:

Subd. 2.

Election.

The county board shall make arrangements for the holding of a special
election deleted text begin not less than 30 nor more than 90 days after receipt of the petition deleted text end new text begin on a date
authorized by section 205.10, subdivision 3a, new text end within the boundaries of the proposed district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed district shall be phrased substantially as follows:

"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"

If a majority of those voting on the question favor creation of the proposed district, the
district shall be deemed created upon certification of the vote by the county auditor. The
county auditor shall administer the election.

Sec. 15.

Minnesota Statutes 2016, section 375B.10, is amended to read:

375B.10 WITHDRAWAL; ELECTION.

Upon receipt of a petition signed by ten percent of the qualified voters within the territory
of the subordinate service district requesting the removal of the district, or pursuant to its
own resolution, the county board shall make arrangements for the holding of a special
election within the boundaries of the service district deleted text begin not less than 30 nor more than 90 days
after the resolution or receipt of the petition deleted text end new text begin on a date authorized by section 205.10,
subdivision 3a new text end . The question to be submitted and voted upon by the qualified voters within
the territory of the district shall be phrased substantially as follows:

"Shall the subordinate service district presently established be removed and the service
or services of the county as provided for the service district be discontinued?"

If a majority of those voting on the question favor the removal and discontinuance of
the services, the service district shall be removed and the services shall be discontinued
upon certification of the vote by the county auditor. The county auditor shall administer the
election.

Sec. 16.

Minnesota Statutes 2016, section 383B.031, subdivision 1, is amended to read:

Subdivision 1.

More than six months; special election.

Notwithstanding the provisions
of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of
Hennepin County more than six months before the general election in which a commissioner
will next be selected to occupy such seat the county auditor shall, within seven days after
the vacancy occurs, call a special election within the affected district to fill such vacancy.
The auditor shall specify a date for the election deleted text begin which shall be between 56 and 77 days after
the vacancy occurred deleted text end new text begin to be held on a date authorized by section 205.10, subdivision 3a new text end .
Candidates shall file with the county auditor prior to the 35th day before the election. The
primary election shall be held 14 days before the election. If no more than two candidates
file for the office, the primary election shall be canceled and the date of the general election
advanced 14 days.

Sec. 17.

Minnesota Statutes 2016, section 383E.24, subdivision 7, is amended to read:

Subd. 7.

Referendum.

(a) Upon receipt of a petition signed by five percent of the
qualified voters within the territory of the proposed service district prior to the effective
date of its creation as specified in subdivision 6, the creation shall be held in abeyance
pending a referendum vote of all qualified electors residing within the boundaries of the
proposed service district.

(b) The county board shall make arrangements for the holding of a special election deleted text begin not
less than 30 or more than 90 days after receipt of such petition deleted text end new text begin on a date authorized by
section 205.10, subdivision 3a, and new text end within the boundaries of the proposed taxing district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed service district shall be phrased substantially as follows:

"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"

(c) If a majority of those voting on the question favor creation of the proposed subordinate
service district, the district shall be deemed created upon certification of the vote by the
county auditor. The county auditor shall administer the election.

Sec. 18.

Minnesota Statutes 2016, section 410.10, subdivision 1, is amended to read:

Subdivision 1.

Timing; procedure; recall.

Upon delivery of such draft, the council or
other governing body of the city shall cause the proposed charter to be submitted at the next
general election thereafter occurring in the city within six months after the delivery of such
draft, and if there is no general city election occurring in the city within six months after
the delivery of such draft, then the council or other governing body of the city shall cause
the proposed charter to be submitted at a special election to be held deleted text begin within 90 days after the
delivery of such draft deleted text end new text begin on a date authorized by section 205.10, subdivision 3a new text end . The council
or other governing body may call a special election for that purpose only at any time. If the
election is held at the same time with the general election, the voting places and election
officers shall be the same for both elections. At any time before the council has fixed the
date of the election upon the proposed charter, the charter commission may recall it for
further action; and the council may authorize recall of the charter by the commission at any
later date prior to the first publication of the proposed charter.

Sec. 19.

Minnesota Statutes 2016, section 447.32, subdivision 2, is amended to read:

Subd. 2.

Elections.

Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held in
each hospital district at the same time, in the same election precincts, and at the same polling
places as general elections of state and county officers. It may establish the whole district
as a single election precinct or establish two or more different election precincts and polling
places for the elections. If there is more than one precinct, the boundaries of the election
precincts and the locations of the polling places must be defined in the notice of election,
either in full or by reference to a description or map on file in the office of the clerk.

Special elections may be called by the hospital board to vote on any matter required by
law to be submitted to the voters. A special election deleted text begin may not be conducted either during the
56 days before or the 56 days after a regularly scheduled primary or general election,
conducted wholly or partially within the hospital district deleted text end new text begin must be held on a date authorized
by section 205.10, subdivision 3a new text end . Special elections must be held within the election precinct
or precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.

Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.

Sec. 20.

Minnesota Statutes 2016, section 475.59, is amended to read:

475.59 MANNER OF SUBMISSION; NOTICE.

new text begin Subdivision 1. new text end

new text begin Generally; notice. new text end

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 or 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.

new text begin Subd. 2. new text end

new text begin Election date. new text end

new text begin An election to approve issuance of bonds under this section held
by a municipality or school district must be held on a date authorized in section 205.10,
subdivision 3a, or 205A.05, subdivision 1a.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 205.10, subdivision 3, new text end new text begin is repealed.
new text end

Sec. 22. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2017, and applies to any special elections held on or after
that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2649

205.10 MUNICIPAL SPECIAL ELECTIONS.

Subd. 3.

Prohibition.

No special election authorized under subdivision 1 may be held within 56 days after the state general election.