HF 3123

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2016 01:17pm

A bill for an act
relating to elections; modifying the timeline for when a special election is
required to fill a vacancy on a school board; amending Minnesota Statutes 2014,
section 123B.09, by adding a subdivision; repealing Minnesota Statutes 2015
Supplement, sections 123B.09, subdivision 5a; 123B.095.

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

Section 1.

Minnesota Statutes 2014, section 123B.09, is amended by adding a
subdivision to read:

new text begin Subd. 5b. new text end

new text begin Appointments to fill vacancies; special elections. new text end

new text begin (a) Except as provided
in paragraph (b), 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 continue until an
election is held under this subdivision. All elections to fill vacancies shall be for the
unexpired term. If the vacancy occurs 21 or more days before the first day to file affidavits
of candidacy for the next school district general election and more than two years remain in
the unexpired term, a special election shall be held in conjunction with the school district
general election. The appointed person shall serve until the qualification of the successor
elected to fill the unexpired part of the term at that special election. If the vacancy occurs
fewer than 21 days before the first day to file affidavits of candidacy for the school district
general election, or when less than two years remain in the unexpired term, there shall be no
special election to fill the vacancy and the appointed person shall serve the remainder of the
unexpired term and until a successor is elected and qualifies at the school district election.
new text end

new text begin (b) When a vacancy is created by the removal of a board member pursuant to
subdivision 9, the vacancy must be filled in the manner described in paragraph (a) except
that a special election must be held to fill the vacancy if more than one year remains on
the unexpired term.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; and
123B.095, new text end new text begin are repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end