as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 03:37pm
A bill for an act
relating to elections; amending process to fill a school board vacancy; allowing
appointee to a vacancy to serve the remainder of the unexpired term; amending
Minnesota Statutes 2018, section 123B.09, subdivision 5b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 123B.09, subdivision 5b, is amended to read:
(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph (b). If the appointment becomes effective, deleted text beginit shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
A special election to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy. If the vacancy occurs less than 90 days
prior to the first Tuesday after the first Monday in November in the year in which the vacancy
occurs, the special election must be held no later than the first Tuesday after the first Monday
in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of the term, no
special election is required. If the vacancy is filled by a special election, the person elected
at that election for the ensuing term shall take office immediately after receiving the
certificate of election, filing the bond, and taking the oath of officedeleted text endnew text beginnew text end.
(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).
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