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HF 200

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/19/2021 03:31pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/19/2021

Current Version - as introduced

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A bill for an act
relating to local government; elections; authorizing recall elections for certain city
and school district officials; eliminating the authority of a school board to remove
members; amending Minnesota Statutes 2020, sections 351.14, subdivision 5, by
adding a subdivision; 351.15; 351.16, subdivisions 1, 2, 3, 4; 351.18; 351.19,
subdivision 4; 351.20; 351.21; 351.22, subdivisions 1, 2; repealing Minnesota
Statutes 2020, sections 123B.09, subdivision 9; 128D.14.

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

Section 1.

Minnesota Statutes 2020, section 351.14, subdivision 5, is amended to read:


Subd. 5.

Elected deleted text begincountydeleted text endnew text begin localnew text end official.

"Elected deleted text begincountydeleted text endnew text begin localnew text end official" meansnew text begin:
new text end

new text begin (1)new text end any public official who is elected to countywide office or appointed to an elective
countywide office, including county attorney, county sheriff, county auditor, county recorder,
county treasurer, and soil and water conservation supervisordeleted text begin. "Elected county official" also
means
deleted text endnew text begin;
new text end

new text begin (2)new text end a county commissioner elected or appointed from a commissioner district or a soil
and water conservation district supervisor elected or appointed from a supervisor district
established under section 103C.311, subdivision 2deleted text begin.deleted text endnew text begin;
new text end

new text begin (3) a school board member; or
new text end

new text begin (4) a mayor, city council member, or other public official elected to a city office.
new text end

Sec. 2.

Minnesota Statutes 2020, section 351.14, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Filing official. new text end

new text begin "Filing official" means:
new text end

new text begin (1) the county auditor for county offices;
new text end

new text begin (2) the school district clerk for school board members; or
new text end

new text begin (3) the city clerk for city offices.
new text end

Sec. 3.

Minnesota Statutes 2020, section 351.15, is amended to read:


351.15 REMOVAL OF ELECTED deleted text beginCOUNTYdeleted text endnew text begin LOCALnew text end OFFICIAL.

An elected deleted text begincountydeleted text endnew text begin localnew text end official may be removed from office in accordance with the
procedures established in sections 351.14 to 351.23.

Sec. 4.

Minnesota Statutes 2020, section 351.16, subdivision 1, is amended to read:


Subdivision 1.

Form of petition.

Any registered voter may petition the deleted text begincounty auditordeleted text endnew text begin
filing official
new text end requesting a removal election and setting forth facts which allege with
specificity that an elected deleted text begincountydeleted text endnew text begin localnew text end official committed malfeasance or nonfeasance in
the performance of official duties during the current or any previous term in the office held
by the elected deleted text begincountydeleted text endnew text begin localnew text end official, except that a petition may not be submitted during the
180 days immediately preceding a general election for the office which is held by the deleted text begincountydeleted text endnew text begin
elected local
new text end official named in the petition. The petitioner must attach to the petition
documents which contain the signatures of supporters who are registered voters totaling at
least 25 percent of the number of persons who voted in the preceding election for the office
which is held by the deleted text begincountydeleted text endnew text begin elected localnew text end official named in the petition. Each page on which
signatures are included must clearly identify the purpose of the petition. new text beginIn a removal election
involving a countywide or citywide office, or school board office elected at-large,
new text endthe
registered voters must be residents of the county deleted text beginordeleted text end,new text begin city, or district.new text end In a removal election
involving a deleted text begincounty commissionerdeleted text endnew text begin local official elected by districtnew text end, new text beginthe registered voters must
be residents
new text endof the deleted text begincommissionerdeleted text end district which elected the named deleted text begincounty commissionerdeleted text endnew text begin
official
new text end. The signatures of supporters must be on forms provided by the county auditor.

Sec. 5.

Minnesota Statutes 2020, section 351.16, subdivision 2, is amended to read:


Subd. 2.

deleted text beginCounty auditor'sdeleted text endnew text begin Filing official'snew text end duties.

The deleted text begincounty auditordeleted text endnew text begin filing officialnew text end
shall examine the petition to determine whether it contains the requisite number of valid
signatures of registered voters. If so, the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end shall forward the
petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt of
the petition. If the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end determines that the petition does not include
the requisite number of signatures, the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end shall deny the petition
within 15 days of receipt of the petition.

Sec. 6.

Minnesota Statutes 2020, section 351.16, subdivision 3, is amended to read:


Subd. 3.

Removal of county auditor.

If the county auditor is the named elected county
official, the petition must be submitted to the chair of the county board of commissioners
who shall appoint a county official to perform the duties of the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end
specified in sections 351.14 to 351.23.

Sec. 7.

Minnesota Statutes 2020, section 351.16, subdivision 4, is amended to read:


Subd. 4.

Limitation.

An elected deleted text begincountydeleted text endnew text begin localnew text end official is not subject to a removal election
on the ground that misfeasance in the performance of official duties was committed, or on
the ground of disagreement with actions taken that were within the lawful discretion of the
elected deleted text begincountydeleted text endnew text begin localnew text end official.

Sec. 8.

Minnesota Statutes 2020, section 351.18, is amended to read:


351.18 WAIVER.

An elected deleted text begincountydeleted text endnew text begin localnew text end official who is the subject of a petition under section 351.16
may waive in writing the right to a public hearing. If the hearing is waived, the case must
be certified by order of the chief justice to the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end for a removal
election to be held within 30 days of the receipt of the order.

Sec. 9.

Minnesota Statutes 2020, section 351.19, subdivision 4, is amended to read:


Subd. 4.

Legal counsel.

the petitioners and the elected deleted text begincountydeleted text endnew text begin localnew text end official shall be
represented by legal counsel at their own expense, and shall pay their costs associated with
the hearingnew text begin,new text end except that the countynew text begin, city, or school districtnew text end may assume the legal costs incurred
by the elected deleted text begincountydeleted text endnew text begin localnew text end official. The countynew text begin, city, or school districtnew text end shall pay all other
costs of the hearing.

Sec. 10.

Minnesota Statutes 2020, section 351.20, is amended to read:


351.20 DECISION; CERTIFICATION.

If the special master determines that the elected deleted text begincountydeleted text endnew text begin localnew text end official committed
malfeasance or nonfeasance in the performance of official duties, the case must be certified
to the deleted text begincounty auditordeleted text endnew text begin filing officialnew text end for a removal election on a date to be fixed by the deleted text begincounty
auditor
deleted text endnew text begin filing officialnew text end and held within 30 days of the order of the special master.

Sec. 11.

Minnesota Statutes 2020, section 351.21, is amended to read:


351.21 APPEAL.

An elected deleted text begincountydeleted text endnew text begin localnew text end official may appeal the decision of a special master under section
351.20 to the Supreme Court within ten days. The removal election is stayed until 20 days
after the Supreme Court issues a decision on the appeal. The Supreme Court shall grant an
expedited appeal.

Sec. 12.

Minnesota Statutes 2020, section 351.22, subdivision 1, is amended to read:


Subdivision 1.

Majority vote; form of question.

An elected deleted text begincountydeleted text endnew text begin localnew text end official may
be removed pursuant to sections 351.14 to 351.23 by majority votenew text begin at a special election held
for that purpose
new text end. deleted text beginThedeleted text endnew text begin Anew text end removal election new text beginfor a county official new text endis a special election conducted
under applicable provisions of section 375.20. The question submitted to the voters must
be:

"Should .................................................. (Name) elected (appointed) to the office of
.............................................. (title) be removed from that office?

Yes .
No .
"

Any resulting vacancy must be filled as provided by law.

Sec. 13.

Minnesota Statutes 2020, section 351.22, subdivision 2, is amended to read:


Subd. 2.

Disqualification.

A removed deleted text begincountydeleted text endnew text begin elected localnew text end official may not thereafter
hold the same office for the remainder of the term to which the official was elected.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 123B.09, subdivision 9; and 128D.14, new text end new text begin are repealed.
new text end

Sec. 15. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2021, and applies to incumbent local officials and local
officials elected on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-01107

123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS.

Subd. 9.

Removing board members.

The board may remove, for proper cause, any member or officer of the board and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object the charged member has been duly notified, with the reasons for such proposed removal and after an opportunity to be heard in defense against the removal.

128D.14 BOARD MEMBER REMOVAL LAW DOES NOT APPLY.

The provisions of section 123B.09, subdivision 9, concerning the removal of a board member or officer of an independent school district, shall not be applicable to the special independent school district of Minneapolis, established under the provisions of this chapter.