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SF 296

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to elections; providing for four-year terms 
  1.3             for soil and water conservation district supervisors; 
  1.4             conforming the timelines for appointing supervisor 
  1.5             replacements to other election law; cancelling the 
  1.6             general election and annual meeting for the East Grand 
  1.7             Forks school district; amending Minnesota Statutes 
  1.8             1996, sections 103C.301, subdivisions 1 and 6; 
  1.9             103C.305, subdivision 6; 103C.311; and 103C.315, 
  1.10            subdivision 2. 
  1.12     Section 1.  Minnesota Statutes 1996, section 103C.301, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [NOMINATING PETITIONS.] Within 30 days 
  1.15  after the date that the secretary of state issues a certificate 
  1.16  of organization of a district, or during additional time as the 
  1.17  state board may allow, nominating petitions may be filed with 
  1.18  the state board nominating legal voters as candidates for 
  1.19  election as supervisors.  Two Three supervisors shall be elected 
  1.20  for terms to expire on December 31 following the second general 
  1.21  election after their initial election, and one for a term to 
  1.22  expire on December 31 following the third general election after 
  1.23  their initial election.  Each petition must be signed by one or 
  1.24  more legal voters of the district.  If a person signs petitions 
  1.25  nominating more than three candidates, the signature may not be 
  1.26  counted on any petition.  
  1.27     Sec. 2.  Minnesota Statutes 1996, section 103C.301, 
  1.28  subdivision 6, is amended to read: 
  2.1      Subd. 6.  [ELECTED SUPERVISOR TERM.] Except to fill a 
  2.2   vacancy or for initial elections, supervisors shall be elected 
  2.3   for six-year four-year terms.  
  2.4      Sec. 3.  Minnesota Statutes 1996, section 103C.305, 
  2.5   subdivision 6, is amended to read: 
  2.6      Subd. 6.  [VACANCY.] (a) If a vacancy occurs in the office 
  2.7   of an elected supervisor, more than 60 56 days before the 
  2.8   next general election state primary, the district board shall 
  2.9   fill the vacancy by appointment.  The supervisor appointed shall 
  2.10  hold office until December 31 following the next general 
  2.11  election.  A successor shall be elected at the general election 
  2.12  following the appointment and hold office for the remainder of 
  2.13  the term or for the next regular term, whichever is appropriate. 
  2.14     (b) If a vacancy occurs less than 60 56 days before the 
  2.15  next general election state primary, the district board shall 
  2.16  fill the vacancy by appointment.  The appointed supervisor shall 
  2.17  hold office until the expiration of the term or until December 
  2.18  31 following the second succeeding general election, whichever 
  2.19  is shorter.  A successor shall be elected at the general 
  2.20  election preceding expiration of the appointed term and hold 
  2.21  office for the remainder of the term or for the next regular 
  2.22  term, whichever is appropriate.  
  2.23     Sec. 4.  Minnesota Statutes 1996, section 103C.311, is 
  2.24  amended to read: 
  2.26     (a) The district board, after two successive annual 
  2.27  elections have the initial election has been held, shall, with 
  2.28  the approval of the state board, divide a district into five 
  2.29  supervisor districts for purposes of nomination for election.  
  2.30  At each election after the division, one or more supervisors 
  2.31  shall be nominated from each supervisor district.  
  2.32     (b) If the boundary of a soil and water conservation 
  2.33  district has been substantially changed by a division of the 
  2.34  district, the district shall be divided into five supervisor 
  2.35  districts for nomination purposes.  
  2.36     (c) This subdivision does not disqualify a supervisor 
  3.1   during the term for which the supervisor was elected or 
  3.2   nominated for election.  Supervisors nominated from the 
  3.3   supervisor districts shall be included on the ballot for 
  3.4   election from the entire area included in the soil and water 
  3.5   conservation district.  
  3.6      (d) A certified copy of the minutes or the resolution of 
  3.7   the supervisors establishing supervisor districts must be 
  3.8   promptly filed by the chair of the district board with the 
  3.9   county auditor of the counties where the district is located and 
  3.10  with the state board. 
  3.11     Sec. 5.  Minnesota Statutes 1996, section 103C.315, 
  3.12  subdivision 2, is amended to read: 
  3.13     Subd. 2.  [TERMS.] The two supervisors appointed by the 
  3.14  state board upon the establishment of a district shall serve 
  3.15  terms ending on December 31 following the next general election 
  3.16  after their appointment.  Their successors shall be elected for 
  3.17  terms of six four years.  
  3.18     A supervisor shall hold office until a successor is elected 
  3.19  or appointed and has qualified.  Vacancies in the office of 
  3.20  supervisor appointed by the state board shall be filled by the 
  3.21  state board. 
  3.22     Sec. 6.  [INCUMBENT TERMS.] 
  3.23     All supervisors who are incumbents on the effective date of 
  3.24  this section shall serve out the terms to which they have been 
  3.25  elected.  At the end of their terms, their successors shall be 
  3.26  elected to four-year terms, except that the successors to the 
  3.27  two supervisors whose terms expire on December 31, 1998, shall 
  3.28  be elected to two-year terms at the 1998 general election and to 
  3.29  four-year terms thereafter. 
  3.32     The May 20, 1997, general election and the July 1997 annual 
  3.33  meeting in independent school district No. 595, East Grand 
  3.34  Forks, are canceled.  All filings for that election are void and 
  3.35  all filing fees shall be returned to affected candidates.  The 
  3.36  general election shall be held on November 4, 1997, in 
  4.1   compliance with Minnesota Statutes, chapter 205A.  The annual 
  4.2   meeting of the board shall be held on the first Monday of 
  4.3   January 1998, or as soon thereafter as practicable.  The terms 
  4.4   of existing members whose terms would otherwise expire on July 
  4.5   1, 1997, shall be lengthened to expire on January 1, 1998, and 
  4.6   the terms of existing officers shall be lengthened to the 
  4.7   January 1998 annual meeting and until their successors are 
  4.8   elected and qualify. 
  4.9      Sec. 8.  [EFFECTIVE DATE.] 
  4.10     Section 7 is effective for independent school district No. 
  4.11  595, East Grand Forks, the day after its compliance with the 
  4.12  requirements of Minnesota Statutes, section 645.021, subdivision 
  4.13  3.