SF 1789

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to elections; providing a process for recall 
  1.3             of mayors; amending Minnesota Statutes 1994, sections 
  1.4             351.14, by adding a subdivision; 351.15; 351.16, 
  1.5             subdivisions 1 and 4; 351.18; 351.19, subdivision 4; 
  1.6             351.20; 351.21; and 351.22. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 351.14, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 6.  [ELECTED CITY OFFICIAL.] "Elected city official" 
  1.11  means the mayor of a statutory city, including a person who was 
  1.12  appointed to the office. 
  1.13     Sec. 2.  Minnesota Statutes 1994, section 351.15, is 
  1.14  amended to read: 
  1.15     351.15 [REMOVAL OF ELECTED COUNTY OR CITY OFFICIAL.] 
  1.16     An elected county or city official may be removed from 
  1.17  office in accordance with the procedures established in sections 
  1.18  351.14 to 351.23. 
  1.19     Sec. 3.  Minnesota Statutes 1994, section 351.16, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [FORM OF PETITION.] Any registered voter 
  1.22  may petition the county auditor requesting a removal election 
  1.23  and setting forth facts which allege with specificity that an 
  1.24  elected county or city official committed malfeasance or 
  1.25  nonfeasance in the performance of official duties during the 
  1.26  current or any previous term in the office held by the elected 
  2.1   county or city official, except that a petition may not be 
  2.2   submitted during the 180 days immediately preceding a general 
  2.3   election for the office which is held by the county or city 
  2.4   official named in the petition.  The petitioner must attach to 
  2.5   the petition documents which contain the signatures of 
  2.6   supporters who are registered voters totaling at least 25 
  2.7   percent of the number of persons who voted in the preceding 
  2.8   election for the office which is held by the county or city 
  2.9   official named in the petition.  Each page on which signatures 
  2.10  are included must clearly identify the purpose of the petition.  
  2.11  The registered voters must be residents of the county or, city 
  2.12  from which the county or city official was elected.  In a 
  2.13  removal election involving a county commissioner, the registered 
  2.14  voters must be residents of the commissioner district which 
  2.15  elected the named county commissioner.  The signatures of 
  2.16  supporters must be on forms provided by the county auditor.  
  2.17     Sec. 4.  Minnesota Statutes 1994, section 351.16, 
  2.18  subdivision 4, is amended to read: 
  2.19     Subd. 4.  [LIMITATION.] An elected county or city official 
  2.20  is not subject to a removal election on the ground that 
  2.21  misfeasance in the performance of official duties was committed, 
  2.22  or on the ground of disagreement with actions taken that were 
  2.23  within the lawful discretion of the elected county or city 
  2.24  official.  
  2.25     Sec. 5.  Minnesota Statutes 1994, section 351.18, is 
  2.26  amended to read: 
  2.27     351.18 [WAIVER.] 
  2.28     An elected county or city official who is the subject of a 
  2.29  petition under section 351.16 may waive in writing the right to 
  2.30  a public hearing.  If the hearing is waived, the case must be 
  2.31  certified by order of the chief justice to the county auditor 
  2.32  for a removal election to be held within 30 days of the receipt 
  2.33  of the order.  
  2.34     Sec. 6.  Minnesota Statutes 1994, section 351.19, 
  2.35  subdivision 4, is amended to read: 
  2.36     Subd. 4.  [LEGAL COUNSEL.] The petitioners and the elected 
  3.1   county or city official shall be represented by legal counsel at 
  3.2   their own expense, and shall pay their costs associated with the 
  3.3   hearing except that the county or city, respectively, may assume 
  3.4   the legal costs incurred by the elected county or city 
  3.5   official.  The county or city shall pay all other costs of the 
  3.6   hearing.  
  3.7      Sec. 7.  Minnesota Statutes 1994, section 351.20, is 
  3.8   amended to read: 
  3.9      351.20 [DECISION; CERTIFICATION.] 
  3.10     If the special master determines that the elected county or 
  3.11  city official committed malfeasance or nonfeasance in the 
  3.12  performance of official duties, the case must be certified to 
  3.13  the county auditor for a removal election on a date to be fixed 
  3.14  by the county auditor and held within 30 days of the order of 
  3.15  the special master.  
  3.16     Sec. 8.  Minnesota Statutes 1994, section 351.21, is 
  3.17  amended to read: 
  3.18     351.21 [APPEAL.] 
  3.19     An elected county or city official may appeal the decision 
  3.20  of a special master under section 351.20 to the supreme court 
  3.21  within ten days.  The removal election is stayed until 20 days 
  3.22  after the supreme court issues a decision on the appeal.  The 
  3.23  supreme court shall grant an expedited appeal.  
  3.24     Sec. 9.  Minnesota Statutes 1994, section 351.22, is 
  3.25  amended to read: 
  3.26     351.22 [REMOVAL ELECTION; DISQUALIFICATION.] 
  3.27     Subdivision 1.  [MAJORITY VOTE; FORM OF QUESTION.] An 
  3.28  elected county or city official may be removed pursuant to 
  3.29  sections 351.14 to 351.23 by majority vote.  The removal 
  3.30  election is a special election conducted under applicable 
  3.31  provisions of section 375.20.  The question submitted to the 
  3.32  voters must be:  
  3.33  "Should ........, elected (appointed) to the office of ..........
  3.34            (Name)                                          (title)
  3.35  be removed from that office?  
  3.36                                     Yes .......
  4.1                                      No ........"
  4.2   Any resulting vacancy must be filled as provided by law.  
  4.3      Subd. 2.  [DISQUALIFICATION.] A removed county or city 
  4.4   official may not thereafter hold the same office for the 
  4.5   remainder of the term to which the official was elected.