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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 200-H.F.No. 1515
           An act relating to public offices; fixing resignation 
          effective dates; prohibiting contingent resignations; 
          permitting the submission and withdrawal of 
          prospective resignations in certain circumstances; 
          providing for appeals in statewide election contests; 
          amending Minnesota Statutes 1986, sections 209.09; 
          351.01; and 480A.06, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 209.09, is 
amended to read:  
    209.09 [APPEALS.] 
    Subdivision 1.  [MOST CONTESTS.] If the decision of the 
district court in any contest under this chapter is appealed, 
the appellant shall file in the district court a bond of $500 
for the payment of all costs incurred by the respondent if 
appellant fails on the appeal.  Except for a statewide contest 
or a state legislative contest, the notice of appeal must be 
served and filed in the court of appeals in the case of a 
general election no later than ten days and, in the case of a 
primary, no later than five days after the entry of the district 
court's decision in the contest.  The record on appeal must be 
made, certified, and filed in the court of appeals within 15 
days after service of notice of appeal.  The appeal may be 
brought on for hearing in the court at any time, upon notice 
from either party, as the court determines; and may be heard and 
determined summarily by the court.  
    Subd. 2.  [STATEWIDE OFFICES AND QUESTIONS.] Section 
209.10, subdivision 4, applies to a contest regarding a 
statewide office, a constitutional amendment, or other question 
voted on statewide.  A copy of the supreme court's decision must 
be forwarded to the contestant and the contestee. 
    Sec. 2.  Minnesota Statutes 1986, section 351.01, is 
amended to read:  
    351.01 [RESIGNATIONS.] 
    Subdivision 1.  [TO WHOM MADE.] Resignations shall be 
made in writing signed by the resigning officer: 
    (1) By incumbents of elective offices, to the officer 
authorized by law to fill a vacancy in such office by 
appointment, or to order a special election to fill the vacancy; 
    (2) By appointive officers, to the body, board, or officer 
appointing them, unless otherwise specially provided.  
    Subd. 2.  [WHEN EFFECTIVE.] Except as provided by 
subdivision 3 or other express provision of law or charter to 
the contrary, a resignation is effective when it is received by 
the officer, body, or board authorized to receive it. 
    Subd. 3.  [CONTINGENT RESIGNATIONS PROHIBITED; 
EXCEPTION.] (a) Except as provided in paragraph (b), no 
resignation may be made to take effect upon the occurrence of a 
future contingency.  Statements explaining the reasons for a 
resignation must not be considered to be contingencies unless 
expressly stated as contingencies.  
    (b) A resignation may be made expressly to take effect at a 
stated future date.  Unless it is withdrawn as provided under 
subdivision 4, a resignation is effective at 12:01 a.m. on the 
stated date. 
    Subd. 4.  [WITHDRAWAL OF RESIGNATION.] A prospective 
resignation permitted by subdivision 3 may only be withdrawn by 
a written statement signed by the officer and submitted in the 
same manner as the resignation, before it has been accepted by 
resolution of the body or board or a written acceptance of the 
officer authorized to receive it. 
    Sec. 3.  Minnesota Statutes 1986, section 480A.06, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FINAL DECISIONS.] The court of appeals has 
jurisdiction of appeals from all final decisions of the trial 
courts, other than the conciliation courts, of the state of 
Minnesota, except that it shall not have jurisdiction of appeals 
in legislative or statewide election contests or criminal 
appeals in cases in which the defendant has been convicted of 
murder in the first degree.  
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 21, 1987