SF 2873

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article VIII, by adding a section; providing for 
  1.4             recall of elected state officers; amending Minnesota 
  1.5             Statutes 1994, section 200.01; proposing coding for 
  1.6             new law as Minnesota Statutes, chapter 211C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8                              ARTICLE 1 
  1.9      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.10     An amendment to the Minnesota Constitution, amending 
  1.11  article VIII by adding a section, is proposed to the people.  If 
  1.12  the amendment to article VIII is adopted, the new section will 
  1.13  read: 
  1.14     Sec. 6.  A member of the senate or the house of 
  1.15  representatives, an executive officer of the state identified in 
  1.16  section 1 of article V of the constitution, or a judge of the 
  1.17  supreme court, the court of appeals, or a district court is 
  1.18  subject to recall from office by the voters.  The grounds for 
  1.19  recall, which shall be prescribed by law, are malfeasance or 
  1.20  nonfeasance in the performance of the duties of an office 
  1.21  subject to recall under this section, serious ethical misconduct 
  1.22  while serving as a state officer, and conviction during the term 
  1.23  of office for a serious crime.  A petition for recall must set 
  1.24  forth the specific conduct that may warrant recall from office 
  1.25  under the law.  A petition must be signed by a number of 
  1.26  eligible voters who reside in the district where the officer 
  2.1   serves and who number not less than 25 percent of the number who 
  2.2   voted for a candidate for the office at the most recent general 
  2.3   election for the office.  Upon determining that a petition has 
  2.4   been signed by the minimum number of eligible voters, the 
  2.5   secretary of state shall forward the petition to the supreme 
  2.6   court for review in the manner provided by law.  If the review 
  2.7   results in a determination that there is reason to believe that 
  2.8   the facts alleged in the petition are true and constitute 
  2.9   grounds for recall under this section, the petition must be 
  2.10  returned to the secretary of state, who shall conduct a recall 
  2.11  election in the manner provided by law.  A recall election may 
  2.12  not be held less than six months before the end of the officer's 
  2.13  term. 
  2.14     Sec. 2.  [SCHEDULE AND QUESTION.] 
  2.15     The amendment shall be submitted to the people at the 1996 
  2.16  general election.  The question submitted must be: 
  2.17     "Shall the Minnesota Constitution be amended to provide for 
  2.18  recall of elected state officers? 
  2.19                                     Yes .......
  2.20                                     No ........"
  2.21                             ARTICLE 2 
  2.22     Section 1.  Minnesota Statutes 1994, section 200.01, is 
  2.23  amended to read: 
  2.24     200.01 [CITATION, MINNESOTA ELECTION LAW.] 
  2.25     This chapter and chapters 201, 202A, 203B, 204B, 204C, 
  2.26  204D, 205, 205A, 206, 208, 209, 211A, and 211B, and 211C shall 
  2.27  be known as the Minnesota election law. 
  2.28     Sec. 2.  [211C.01] [SCOPE.] 
  2.29     A state officer is subject to recall only upon the grounds 
  2.30  and in the manner prescribed in the Minnesota Constitution, 
  2.31  article VIII, section 6, and this chapter. 
  2.32     Sec. 3.  [211C.02] [DEFINITIONS.] 
  2.33     Subdivision 1.  [APPLICATION.] The definitions in this 
  2.34  section and in chapter 200 apply to this chapter. 
  2.35     Subd. 2.  [MALFEASANCE.] "Malfeasance" means the willful 
  2.36  commission of an unlawful or wrongful act by a state officer in 
  3.1   the performance of the officer's duties which is outside the 
  3.2   scope of the authority of the officer and which infringes on the 
  3.3   rights of any person or entity. 
  3.4      Subd. 3.  [NONFEASANCE.] "Nonfeasance" means the willful 
  3.5   failure of a state officer to perform a specific act which is a 
  3.6   required part of the duties of the officer.  
  3.7      Subd. 4.  [SERIOUS CRIME.] "Serious crime" means a crime 
  3.8   that is punishable or punished as a gross misdemeanor or 
  3.9   misdemeanor, as defined in section 609.02, and that involves 
  3.10  assault, intentional injury or threat of injury to person or 
  3.11  public safety, driving while intoxicated or while having an 
  3.12  alcohol concentration over the legal limit, dishonesty, 
  3.13  coercion, obstruction of justice, or the sale or possession of 
  3.14  controlled substances. 
  3.15     Subd. 5.  [SERIOUS ETHICAL MISCONDUCT.] "Serious ethical 
  3.16  misconduct" means: 
  3.17     (1) conduct that exhibits gross dishonesty or deceit; 
  3.18     (2) intentional acts of violence against persons or conduct 
  3.19  that demonstrates disregard for the safety of persons or the 
  3.20  public; 
  3.21     (3) intentional conduct that is prejudicial to the 
  3.22  administration of justice or conduct that shows contempt for the 
  3.23  law and legal process; or 
  3.24     (4) other intentional conduct that constitutes a violation 
  3.25  of the oath of office or betrayal of the public trust. 
  3.26     Subd. 6.  [STATE OFFICER.] "State officer" means an 
  3.27  individual occupying an office subject to recall under the 
  3.28  Minnesota Constitution, article VIII, section 6. 
  3.29     Sec. 4.  [211C.03] [GROUNDS.] 
  3.30     Subdivision 1.  [GROUNDS EXCLUSIVE.] A state officer is 
  3.31  subject to recall only upon the grounds specified in this 
  3.32  section. 
  3.33     Subd. 2.  [GROUNDS.] A state officer may be subject to 
  3.34  recall for: 
  3.35     (1) malfeasance or nonfeasance in the performance of the 
  3.36  duties of a state officer; 
  4.1      (2) serious ethical misconduct while serving as a state 
  4.2   officer; or 
  4.3      (3) conviction during the term of office for a serious 
  4.4   crime. 
  4.5      Sec. 5.  [211C.04] [PETITION FOR RECALL; PREPARATION; 
  4.6   SUBMISSION; VERIFICATION.] 
  4.7      Subdivision 1.  [GENERAL.] A petition for the recall of a 
  4.8   state officer shall be in the form and shall be filed, 
  4.9   completed, and submitted to the secretary of state in the manner 
  4.10  provided by this section. 
  4.11     Subd. 2.  [FORM AND CONTENT.] The petition must be prepared 
  4.12  in the form specified in rules adopted by the secretary of 
  4.13  state.  Each page of the petition must contain the following 
  4.14  information: 
  4.15     (1) the name and office held by the state officer who is 
  4.16  the subject of the recall petition and, in the case of a 
  4.17  representative, senator, or district judge, the district number 
  4.18  in which the state officer serves; 
  4.19     (2) the grounds upon which the state officer is sought to 
  4.20  be recalled and a concise, accurate, and complete synopsis of 
  4.21  the specific facts that support the grounds for recall; 
  4.22     (3) a statement that persons signing the petition: 
  4.23     (i) must be eligible voters residing within the district 
  4.24  where the state officer serves or, in the case of a statewide 
  4.25  officer, within the state; 
  4.26     (ii) must know the purpose and content of the petition; and 
  4.27     (iii) must sign of their own free will and may sign only 
  4.28  once; and 
  4.29     (4) a space for the signature and signature date; printed 
  4.30  first, middle, and last name; residence address, including 
  4.31  municipality and county; and date of birth of each signer. 
  4.32     The secretary of state shall make available sample recall 
  4.33  petition forms upon request. 
  4.34     Subd. 3.  [SPONSOR; FILING OF PETITION DOCUMENT.] Before 
  4.35  obtaining other signatures, the sponsor or sponsors of the 
  4.36  petition, numbering no more than three individuals, shall submit 
  5.1   the petition document for filing by the secretary of state.  An 
  5.2   individual may not sponsor more than one petition for the recall 
  5.3   of the same state officer based upon substantially the same 
  5.4   grounds and conduct.  The secretary of state may not file a 
  5.5   petition document if: 
  5.6      (1) the document is not substantially in the required form; 
  5.7      (2) the person named in the document is not a state 
  5.8   officer; 
  5.9      (3) the person named in the document is not a state 
  5.10  officer, subject to recall under the law; or 
  5.11     (4) the sponsors of the petition are not eligible sponsors 
  5.12  and signers of the petition under the law.  
  5.13     The secretary of state may not file a petition document for 
  5.14  the recall of a state officer if the secretary of state has 
  5.15  previously forwarded to the clerk of the appellate court a 
  5.16  petition for the recall of the same state officer based upon 
  5.17  substantially the same grounds and conduct. 
  5.18     Subd. 4.  [NOTICE.] Upon filing a petition document, the 
  5.19  secretary of state shall notify in writing the state officer 
  5.20  named in the petition document of the filing and shall provide 
  5.21  the officer with a copy of the document.  
  5.22     Subd. 5.  [SUBMITTING A PETITION.] A petition for the 
  5.23  recall of a member of the legislature or a district judge must 
  5.24  be submitted within 90 days of the date that it was filed.  A 
  5.25  petition for the recall of any other officer must be submitted 
  5.26  within 180 days of the date that it was filed.  A petition for 
  5.27  recall may not be submitted later than one year before the end 
  5.28  of the term of the officer named in the petition. 
  5.29     Subd. 6.  [VERIFYING A PETITION.] Upon receipt of a recall 
  5.30  petition, the secretary of state shall verify the number and 
  5.31  eligibility of signers in the manner provided in rules adopted 
  5.32  by the secretary of state.  The secretary of state shall 
  5.33  complete verification of the petition no later than ten days 
  5.34  after the date it was submitted.  The secretary of state may 
  5.35  select a random sample of names on the petition to determine if 
  5.36  the petition meets the requirements of the Minnesota 
  6.1   Constitution, article VIII, section 6.  The random sample must 
  6.2   consist of either 600 names or one-fourth of one percent of the 
  6.3   total number of names on the petition, whichever is greater.  
  6.4      Sec. 6.  [211C.05] [DISMISSING OR FORWARDING THE PETITION.] 
  6.5      Subdivision 1.  [NOTICE OF DEFICIENCY.] If the secretary of 
  6.6   state determines that a petition has not been signed by a 
  6.7   sufficient number of eligible voters, based upon projections 
  6.8   derived from the random sample, the secretary of state shall 
  6.9   notify the sponsors of the petition. 
  6.10     Subd. 2.  [SUPPLEMENTARY PETITION; DISMISSAL OF PETITION.] 
  6.11  The sponsors of a petition may correct a deficient petition by 
  6.12  submitting a supplementary petition within 20 days of receiving 
  6.13  the notice of deficiency from the secretary of state.  If a 
  6.14  supplementary petition is not filed within the time allowed, or 
  6.15  if the supplementary petition does not correct the deficiency of 
  6.16  the petition, the secretary of state shall dismiss the petition 
  6.17  and notify in writing the sponsors of the petition and the state 
  6.18  officer named in the petition. 
  6.19     Subd. 3.  [FORWARDING TO COURT; NOTICE.] If the secretary 
  6.20  of state determines that the petition has been signed by a 
  6.21  sufficient number of eligible voters, based upon projections 
  6.22  derived from the random sample, the secretary of state shall 
  6.23  immediately notify in writing the sponsors of the petition and 
  6.24  the state officer named in the petition and shall forward the 
  6.25  petition to the clerk of the appellate courts for action under 
  6.26  section 211C.06. 
  6.27     Sec. 7.  [211C.06] [CHIEF JUSTICE REVIEW; ASSIGNMENT TO 
  6.28  SPECIAL MASTER.] 
  6.29     The clerk of the appellate courts shall submit the petition 
  6.30  immediately to the chief justice of the supreme court or, if the 
  6.31  chief justice is the subject of the petition, to the most senior 
  6.32  associate justice of the supreme court.  The justice, or a 
  6.33  designee if the justice has a conflict or interest or is unable 
  6.34  to review the petition in a timely manner, shall review the 
  6.35  petition to determine whether the petition alleges specific 
  6.36  facts which, if proven, constitute grounds for recall under the 
  7.1   Minnesota Constitution, article VIII, section 6, and section 
  7.2   211C.03.  If the petition does not contain such allegations, the 
  7.3   justice may immediately issue an order denying the petition.  If 
  7.4   the petition contains such allegations, the justice shall assign 
  7.5   the case to a special master for a public hearing.  The special 
  7.6   master must be an active or retired judge.  The justice shall 
  7.7   complete the review and deny the petition or assign the case 
  7.8   within 14 days. 
  7.9      Sec. 8.  [211C.07] [WAIVER OF HEARING.] 
  7.10     A state officer who is the subject of a recall petition may 
  7.11  waive the right to a public hearing.  The waiver must be 
  7.12  submitted in writing to the reviewing justice.  If the hearing 
  7.13  is waived, the supreme court shall dispose of the case as 
  7.14  required in section 211C.09. 
  7.15     Sec. 9.  [211C.08] [SPECIAL MASTER.] 
  7.16     Subdivision 1.  [HEARING.] A public hearing into the 
  7.17  allegations of a petition for recall must be held within 21 days 
  7.18  after issuance of the order of the justice assigning the case to 
  7.19  a special master.  The special master shall take evidence and 
  7.20  may issue subpoenas to compel the testimony of witnesses and the 
  7.21  production of documents.  The proceeding must be conducted in 
  7.22  the manner required to ensure that the parties have an 
  7.23  opportunity to be heard and that competent evidence is taken in 
  7.24  the time permitted. 
  7.25     Subd. 2.  [LEGAL COUNSEL.] The petitioners and the state 
  7.26  officer shall be represented by legal counsel at their own 
  7.27  expense and shall pay their costs associated with the hearing, 
  7.28  except that the state may assume the legal costs incurred by the 
  7.29  state officer.  The state shall pay all other costs of the 
  7.30  hearing.  
  7.31     Subd. 3.  [REPORT.] The special master shall report to the 
  7.32  court within 14 days after the end of the public hearing.  In 
  7.33  the report, the special master shall determine: 
  7.34     (1) whether the petitioners have shown by clear and 
  7.35  convincing evidence that the factual allegations supporting the 
  7.36  petition for recall are true; and 
  8.1      (2) if so, whether the facts found to be true constitute 
  8.2   grounds for recall under the law. 
  8.3      Sec. 10.  [211C.09] [SUPREME COURT; DECISION.] 
  8.4      The supreme court shall review the report of the special 
  8.5   master and make a decision on the petition within 30 days.  If 
  8.6   the court decides that the standard expressed in section 
  8.7   211C.08, subdivision 3, has not been met, or that the sponsors 
  8.8   have violated section 211C.11, subdivision 1, the court shall 
  8.9   deny the petition.  If the court decides that the standard for 
  8.10  decision expressed in section 211C.08, subdivision 3, has been 
  8.11  met, the court shall grant the petition by order to the governor 
  8.12  directing that a recall election be held.  If the governor is 
  8.13  the subject of the recall petition, the court shall issue the 
  8.14  order to the secretary of state, who shall issue the writ for 
  8.15  election as required under section 211C.10. 
  8.16     Sec. 11.  [211C.10] [GOVERNOR.] 
  8.17     Within five days of receiving the order of the court issued 
  8.18  under section 211C.09, the governor shall issue a writ calling 
  8.19  for a recall election.  The election must be held no sooner than 
  8.20  15 days nor later than 30 days from the day the writ issues. 
  8.21     Sec. 12.  [211C.11] [RECALL PETITION; CORRUPT PRACTICES; 
  8.22  PENALTIES.] 
  8.23     Subdivision 1.  [SPONSORS; FALSE CLAIMS.] A person 
  8.24  sponsoring a recall petition may not intentionally allege any 
  8.25  fact in support of the petition that the person knows or has 
  8.26  reason to believe is false.  A violation of this subdivision is 
  8.27  a gross misdemeanor.  A violation of this subdivision is good 
  8.28  and sufficient cause for dismissal of a petition.  
  8.29     Subd. 2.  [FALSE SIGNATORIES.] A person may not 
  8.30  intentionally:  (1) sign a name other than the person's own to a 
  8.31  petition, (2) sign more than once on a petition to recall the 
  8.32  same state officer at the same election, (3) sign a petition 
  8.33  while not qualified to vote in an election to recall the 
  8.34  officer, (4) make any false entry on a petition, or (5) aid, 
  8.35  abet, counsel, or procure another to do any act in violation of 
  8.36  this subdivision.  A violation of this subdivision is a 
  9.1   misdemeanor.  
  9.2      Subd. 3.  [UNDUE INFLUENCE.] A person may not use threat, 
  9.3   intimidation, coercion, or other corrupt means to interfere or 
  9.4   attempt to interfere with the right of any eligible voter to 
  9.5   sign or not to sign a recall petition of the voter's own free 
  9.6   will.  A person may not, for any consideration, compensation, 
  9.7   gift, reward, or thing of value or promise thereof, sign or not 
  9.8   sign a recall petition, circulate a recall petition, or induce 
  9.9   or attempt to induce others to sign or not to sign a recall 
  9.10  petition.  A person may not advertise in any manner that the 
  9.11  person will, either with or without compensation or 
  9.12  consideration, circulate a recall petition or induce or attempt 
  9.13  to induce others to sign or not to sign a recall petition.  A 
  9.14  person who violates the provisions of this section is guilty of 
  9.15  a gross misdemeanor. 
  9.16     Sec. 13.  [211C.12] [RECALL ELECTION; HOW CONDUCTED.] 
  9.17     Except as otherwise provided in this chapter, a recall 
  9.18  election must be conducted, and the results canvassed and 
  9.19  returned, in the manner provided by law for the state general 
  9.20  election.  
  9.21     Sec. 14.  [211C.13] [NOTICE; BALLOT PREPARATION.] 
  9.22     Subdivision 1.  [NOTICE BY SECRETARY OF STATE.] At least 42 
  9.23  days before a recall election is to be held, the secretary of 
  9.24  state shall provide notice to the county auditor of each county 
  9.25  of the date of a recall election to be held in that county.  
  9.26  Within ten days after notification by the secretary of state, 
  9.27  each county auditor shall provide notice of the date of the 
  9.28  recall election to each municipal clerk in the county. 
  9.29     Subd. 2.  [NOTICE OF MUNICIPALITIES.] At least 14 days 
  9.30  before the date of the recall election, each municipal clerk 
  9.31  shall post a public notice stating the date of the recall 
  9.32  election, the location of each polling place in the 
  9.33  municipality, and the hours during which the polling places in 
  9.34  the municipality will be open.  The county auditor shall post a 
  9.35  similar notice in the auditor's office with information for any 
  9.36  polling places in unorganized territory in the county.  The 
 10.1   governing body of a municipality or county may publish the 
 10.2   notice in addition to posting it.  Failure to give notice does 
 10.3   not invalidate the election. 
 10.4      Subd. 3.  [BALLOT PREPARATION.] The recall question is 
 10.5   placed on the violet ballot.  The violet ballot must be prepared 
 10.6   by the county auditor in the manner provided in the rules of the 
 10.7   secretary of state.  
 10.8      The question submitted must be: 
 10.9      "Shall (name of officer) be recalled from the office of 
 10.10  (name of office)? 
 10.11                                     Yes .......
 10.12                                     No ........"
 10.13     Sec. 15.  [211C.14] [ELECTION RESULTS; REMOVAL.] 
 10.14     Subdivision 1.  [REMOVAL FROM OFFICE.] If a majority of the 
 10.15  votes cast in the recall election favor the removal of the state 
 10.16  officer, the state officer is removed from office and the office 
 10.17  becomes vacant upon certification of the results of a recount 
 10.18  required under subdivision 2.  
 10.19     Subd. 2.  [AUTOMATIC RECOUNT.] If the difference between 
 10.20  the number of votes in favor of recall of the state officer and 
 10.21  the number against recall of the state officer is 100 or less, 
 10.22  the canvassing board shall recount the votes.  The results of 
 10.23  the recount shall be certified by the canvassing board as soon 
 10.24  as possible. 
 10.25     Sec. 16.  [211C.15] [FILLING VACANCY.] 
 10.26     A vacancy caused by a recall election is filled as provided 
 10.27  by law, provided that the removed officer may not be appointed 
 10.28  to fill the vacancy. 
 10.29     Sec. 17.  [211C.16] [RULEMAKING.] 
 10.30     The secretary of state shall adopt rules as follows: 
 10.31     (1) to determine the format of the petition form and a 
 10.32  method for verifying that the minimum required number of 
 10.33  eligible voters signed the petition; and 
 10.34     (2) to determine the format of the recall ballot. 
 10.35     Sec. 18.  [EFFECTIVE DATE.] 
 10.36     Article 2, sections 1 to 17, are effective upon 
 11.1   ratification of the constitutional amendment in article 1.