Minnesota Legislature
SF 1657
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public officials; providing for duplicate
certificates of election for legislators; providing
for filing of certain oaths of office; amending
Minnesota Statutes 2004, sections 3.02; 358.11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 3.02, is
amended to read:
3.02 EVIDENCE OF MEMBERSHIP.
For all purposes of organization of either house of the
legislature, a certificate of election to it, duly executed by
the secretary of state, is prima facie evidence of the right to
membership of the person named in it. new text begin The secretary of state
shall issue the certificate of election in duplicate and shall
file and retain one copy for the official records of the state
and present one copy to each legislator.
new text end
Sec. 2.
Minnesota Statutes 2004, section 358.11, is
amended to read:
358.11 OATHS, WHERE FILED.
Except as otherwise provided by law, the oath required to
be taken and subscribed by any person shall be filed as follows:
(1) if that of an officer of the state, whether elective or
appointive, new text begin executive, legislative, or judicial,new text end with the
secretary of state;
(2) if of a county officer, or an officer chosen within or
for any county, with the county auditor;
(3) if of a city officer, with the clerk or recorder of the
municipality;
(4) if of a town officer, with the town clerk;
(5) if of a school district officer, with the clerk of the
district;
(6) if of a person appointed by, or made responsible to, a
court in any action or proceeding therein, with the court
administrator of such court;
(7) if that of a person appointed by any state, county, or
other officer for a special service in connection with official
duties, with such officer.
If the person taking such oath be also required to give
bond, the oath shall be attached to or endorsed upon such bond
and filed therewith, in lieu of other filing.