1.1 	A bill for an act
1.2 	relating to education; filling school board vacancies;amending Minnesota 
1.3 	Statutes 2014, section 123B.09, by adding a subdivision; repealing Minnesota 
1.4 	Statutes 2015 Supplement, sections 123B.09, subdivision 5a; 123B.095.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2014, section 123B.09, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 5b.Appointments to fill vacancies. Any other vacancy in a board must be 
1.9 	filled by board appointment at a regular or special meeting. The appointment shall be 
1.10 	evidenced by a resolution entered in the minutes and shall continue until an election is 
1.11 	held under this subdivision. All elections to fill vacancies shall be for the unexpired 
1.12 	term. If the vacancy occurs before the first day to file affidavits of candidacy for the next 
1.13 	school district general election and more than two years remain in the unexpired term, 
1.14 	a special election shall be held in conjunction with the school district general election. 
1.15 	The appointed person shall serve until the qualification of the successor elected to fill the 
1.16 	unexpired part of the term at that special election. If the vacancy occurs on or after the 
1.17 	first day to file affidavits of candidacy for the school district general election, or when less 
1.18 	than two years remain in the unexpired term, there shall be no special election to fill the 
1.19 	vacancy and the appointed person shall serve the remainder of the unexpired term and 
1.20 	until a successor is elected and qualifies at the school district election.

1.21 	Sec. 2.  REPEALER.
 1.22 	Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; and 
1.23 	123B.095, are repealed.

2.1 	Sec. 3. EFFECTIVE DATE; TRANSITION.
 2.2 	Sections 1 and 2 are effective the day following final enactment. If an election has 
2.3 	previously been called but not yet held pursuant to Minnesota Statutes, section 123B.095, 
2.4 	the school board may cancel that election and fill the vacancy by appointment or may 
2.5 	allow the election to proceed. If the election is to be canceled, the board must adopt 
2.6 	a resolution to that effect. The time limitations of Minnesota Statutes, section 205A.05, 
2.7 	subdivision 3, shall not apply to that cancellation.