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SF 4305

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 02:40pm

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

Current Version - as introduced

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A bill for an act
relating to elections; providing that city council terms of office may be either two
or four years; modifying when a municipal election may be held; modifying certain
local government election districts authority to redistrict; amending Minnesota
Statutes 2018, sections 204B.135, subdivisions 2, 3; 205.07, subdivisions 1, 1a;
205.84, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 204B.135, subdivision 2, is amended to read:


Subd. 2.

Other election districts.

new text begin (a) new text end For purposes of this subdivision, "local government
election district" means a county district, park and recreation district, school district, or soil
and water conservation district. Local government election districts, other than city wards
covered by subdivision 1, may deleted text begin notdeleted text end new text begin onlynew text end be redistricted deleted text begin untildeleted text end new text begin as follows:
new text end

new text begin (1) except as provided in clause (2), local government election districts may be redistricted
(i) after
new text end precinct boundaries are reestablished under section 204B.14, subdivision 3, paragraph
(c)deleted text begin . Election districts covered by this subdivision must be redistricteddeleted text end new text begin ; and (ii)new text end within 80
days of the time when the legislature has been redistricted or at least 15 weeks before the
state primary election in the year ending in two, whichever comes firstdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) in a city of the first class electing individuals by local government election districts
in a year ending in one, the local government election district boundaries may be reestablished
no later than 14 days before the first day to file affidavits of candidacy for the local
government election district elections. The local government election district boundaries
redistricted under this clause may be modified after the legislature has been redistricted for
the purpose of establishing precinct boundaries as provided in section 204B.14, subdivision
3.
new text end

Sec. 2.

Minnesota Statutes 2018, section 204B.135, subdivision 3, is amended to read:


Subd. 3.

Voters rights.

(a) An eligible voter may apply to the district court for either a
writ of mandamus requiring the redistricting of wards or local government election districts
or to revise any plan adopted by the governing body responsible for redistricting of wards
or local government election districts.

(b) If a city adopts a ward redistricting plan at least 19 weeks before the primary in a
year ending in two, an application for revision of the plan that seeks to affect elections held
in the year ending in two must be filed with the district court within three weeks but no later
than 18 weeks before the state primary election in the year ending in two, notwithstanding
any charter provision. If a city adopts a ward redistricting plan less than 19 weeks before
either the municipal primary in a year ending in one or before the state primary in a year
ending in two, an application for revision of the plan that seeks to affect elections held in
that year must be filed with the district court no later than one week after the plan has been
adopted, notwithstanding any charter provision.

new text begin (c) If a city of the first class adopts a ward redistricting plan in a year ending in one, an
application for revision of the plan that seeks to affect elections held in that year ending in
one must be filed with the district court no later than one week after the plan has been
adopted, notwithstanding any charter provision. If ward boundaries are modified after the
legislature has been redistricted for the purpose of establishing precinct boundaries, an
application for the revision of the plan must be filed with the district court no later than one
week after that plan has been adopted, notwithstanding any charter provision.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end If a plan for redistricting of a local government election district is adopted at least
15 weeks before the state primary election in a year ending in two, an application for revision
of the plan that seeks to affect elections held in the year ending in two must be filed with
the district court within three weeks but no later than 14 weeks before the state primary
election in the year ending in two. If a plan for redistricting of a local government election
district is adopted less than 15 weeks before the state primary election in a year ending in
two, an application for revision of the plan that seeks to affect elections held in the year
ending in two must be filed with the district court no later than one week after the plan has
been adopted.

new text begin (e) If a plan for redistricting of a local government election district is adopted in a year
ending in one, an application for revision of the plan that seeks to affect elections held in
that year ending in one must be filed with the district court no later than one week after the
plan has been adopted, notwithstanding any charter provision. If local government election
district boundaries are modified after the legislature has been redistricted for the purpose
of establishing precinct boundaries, an application for the revision of the plan must be filed
with the district court no later than one week after that plan has been adopted, notwithstanding
any charter provision.
new text end

Sec. 3.

Minnesota Statutes 2018, section 205.07, subdivision 1, is amended to read:


Subdivision 1.

Date of election.

The municipal general election in each city shall be
held on the first Tuesday after the first Monday in November in every even-numbered year.
Notwithstanding any provision of law to the contrary and subject to the provisions of this
section, the governing body of a city may, by ordinance passed at a regular meeting held at
least 180 calendar days before the first day to file for candidacy in the next municipal
election, decide to hold the election on the first Tuesday after the first Monday in November
in either an even- or odd-numbered year. A city may hold elections in either the
even-numbered year or the odd-numbered year, but not both. When a city changes its
elections from one year to another, and does not provide for the expiration of terms by
ordinance, the term of an incumbent expiring at a time when no municipal election is held
in the months immediately prior to expiration is extended until the date for taking office
following the next scheduled municipal election. If the change results in having three council
members to be elected at a succeeding election, the two individuals receiving the highest
vote shall serve for terms of four years and the individual receiving the third highest number
of votes shall serve for a term of two years. To provide an orderly transition to the odd or
even year election plan, the governing body of the city may adopt supplementary ordinances
regulating initial elections and officers to be chosen at the elections and shortening or
lengthening the terms of incumbents and those elected at the initial election. The term of
office for the mayor may be either two or four years. The term of office of council members
deleted text begin isdeleted text end new text begin may be either two ornew text end four years. Whenever the time of the municipal election is changed,
the city clerk immediately shall notify in writing the county auditor and secretary of state
of the change of date. Thereafter the municipal general election shall be held on the first
Tuesday after the first Monday in November in each odd-numbered or even-numbered year
until the ordinance is revoked and notification of the change is made. A municipal general
election scheduled to be held in an odd-numbered year may be postponed for inclement
weather as provided in section 205.105.

Sec. 4.

Minnesota Statutes 2018, section 205.07, subdivision 1a, is amended to read:


Subd. 1a.

City council members; expiration of terms.

The terms of all city council
members of charter cities expire on the first Monday in January of the year in which they
expirenew text begin , unless otherwise provided in section 205.84, subdivision 1new text end . All officers of charter
cities chosen and qualified shall hold office until their successors qualify.

Sec. 5.

Minnesota Statutes 2018, section 205.84, subdivision 1, is amended to read:


Subdivision 1.

General provisions.

(a) In a city electing council members by wards,
wards shall be as equal in population as practicable and each ward shall be composed of
compact, contiguous territory. Each council member shall be a resident of the ward for
which elected, but, except as otherwise provided by paragraph (b), a change in ward
boundaries does not disqualify a council member from serving for the remainder of a term.

(b) Notwithstanding any home rule charter provision to the contrary, in a city of the first
class where council members are elected by ward to serve for four years to terms that are
not staggered, if the population of any ward changes by five percent or morenew text begin when comparing
the population from the two most recent censuses
new text end , all council members must be elected to
new terms at the first municipal general election after ward boundaries are redefined under
subdivision 2; provided, however, that deleted text begin if no municipal general election would otherwise
occur in the year ending in "2" or the year ending in "3," a municipal general election must
be held in one of those years.
deleted text end new text begin a municipal general or special election must be held as follows:
new text end

new text begin (1) in the year ending in one based on ward boundaries that were redistricted in the same
year ending in one;
new text end

new text begin (2) in the year ending in two; or
new text end

new text begin (3) in the year ending in three.
new text end

new text begin If an election is required to be held in the year ending in two or in the year ending in
three under this section, the council member term immediately after that election may end
at the same time that the term would have ended absent that election.
new text end