Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 646-S.F.No. 1512
An act relating to elections; providing uniform local
election procedures; requiring regular city elections
to be held in the fall; permitting certain town
elections to be held in November; making uniform
certain local government procedures; changing school
district election requirements; amending Minnesota
Statutes 1992, sections 103C.305, subdivision 2;
123.33, subdivision 1; 205.02, subdivision 2; 205.065,
subdivisions 1 and 2; 205.07, subdivision 1; 205.10,
subdivision 1, and by adding a subdivision; 205.13,
subdivision 1, and by adding a subdivision; 205.16,
subdivisions 1 and 2; 205.17, subdivision 4; 205.175;
205A.03, subdivisions 1 and 2; 205A.04, subdivision 1;
205A.06, subdivision 1, and by adding a subdivision;
205A.09, subdivision 2; 365.51, subdivisions 1 and 3;
and 367.03, as amended; Minnesota Statutes 1993
Supplement, section 206.90, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 205;
repealing Minnesota Statutes 1992, sections 205.065,
subdivision 3; 205.18; 205.20; and 205A.04,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 103C.305,
subdivision 2, is amended to read:
Subd. 2. [NOMINATING PETITION FILING FOR OFFICE; AFFIDAVIT
OF CANDIDACY.] (a) The district secretary shall immediately
submit the names of the candidates and the terms for which each
candidate is nominated to the county auditor.
(b) Nominating petitions conforming to section 103C.301,
subdivision 1, shall be filed with the secretary of the district
at least 60 days before the general election. A candidate for
the office of supervisor shall file an affidavit of candidacy
with the county auditor of the county in which the district
office is located during the period provided for filing
affidavits of candidacy for county offices in section 204B.09,
subdivision 1. The county auditor accepting affidavits of
candidacy shall forward copies of all affidavits filed by
candidates for supervisor to the auditor of any other county in
which the office is voted on.
Sec. 2. Minnesota Statutes 1992, section 123.33,
subdivision 1, is amended to read:
Subdivision 1. The care, management, and control of
independent districts shall be vested in a board of directors,
to be known as the school board. The term of office of a member
shall be three four years and until a successor qualifies. The
membership of the school board shall consist of six elected
directors together with such ex officio member as may be
provided by law. But the board may submit to the electors at
any school election the question whether the board shall consist
of seven members and if a majority of those voting on the
proposition favor a seven-member board, a seventh member shall
be elected at the next election of directors for a three-year
four-year term and thereafter the board shall consist of seven
members.
Those districts with a seven-member board may submit to the
electors at any school election at least 150 days before the
next election of three members of the board the question whether
the board shall consist of six members. If a majority of those
voting on the proposition favor a six-member board instead of a
seven-member board, two members instead of three members shall
be elected at the next election of the board of directors and
thereafter the board shall consist of six members.
Sec. 3. Minnesota Statutes 1992, section 205.02,
subdivision 2, is amended to read:
Subd. 2. [CITY ELECTIONS.] In all statutory and home rule
charter cities, the primary, general and special elections held
for choosing city officials and deciding public questions
relating to the city shall be held as provided in this chapter,
except that this section and sections 205.065, subdivisions 2 4
to 7; 205.07 to, subdivision 3; 205.10; 205.121; and 205.175 and
205.185 205.17, subdivisions 2 and 3, do not apply to a city
whose charter provides the manner of holding its primary,
general or special elections.
Sec. 4. Minnesota Statutes 1992, section 205.065,
subdivision 1, is amended to read:
Subdivision 1. [CITIES OF FIRST CLASS ESTABLISHING
PRIMARY.] A municipal primary for the purpose of nominating
elective officers may be held in any city of the first class on
the second or third first Tuesday after the second Monday in
March September of any year in which a municipal general
election is to be held for the purpose of electing officers.
If the majority of the governing body of a city of the
first class adopted a resolution after June 24, 1957,
establishing the second or third Tuesday in March for holding
its municipal primary in any year in which its municipal general
election is held, and if the city clerk or other officer of the
city charged with keeping the minutes and records of the
governing body filed a certified copy of the resolution with the
secretary of state and another certified copy of the resolution
with the county recorder of the county in which the city is
located, the time established by the resolution for holding the
municipal primary is fixed, and the governing body of the city
may not change the time unless the authority to make the change
is conferred on the governing body by the legislature, or by an
amendment to the charter of the city duly ratified and accepted
by the eligible voters of the city, in accordance with the
constitution of the state of Minnesota and other applicable law.
Sec. 5. Minnesota Statutes 1992, section 205.065,
subdivision 2, is amended to read:
Subd. 2. [RESOLUTION OR ORDINANCE.] The governing body of
a city of the second, third, or fourth class or a town
containing a statutory city may, by ordinance or resolution
adopted at least three months before the next municipal general
election, elect to choose nominees for municipal offices by a
primary as provided in subdivisions 2 to 7 this section. The
resolution or ordinance, when adopted, is effective for all
ensuing municipal elections until it is revoked. Subdivisions 2
to 7 do not apply to a city the charter of which specifically
prohibits or provides for a municipal primary. The municipal
clerk shall notify the secretary of state and the county auditor
within 30 days after the adoption of the resolution or ordinance.
Sec. 6. Minnesota Statutes 1992, section 205.07,
subdivision 1, is amended to read:
Subdivision 1. [DATE CITY ELECTIONS.] The municipal
general election in each statutory 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 statutory city may, by ordinance passed at a
regular meeting held before September June 1 of any year, elect
to hold the election on the first Tuesday after the first Monday
in November in each odd-numbered year. A city which was a
village on January 1, 1974 and before that date provided for a
system of biennial elections in the odd-numbered year shall
continue to hold its elections in that year until changed in
accordance with this section. 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 so as to conform as soon as
possible to the regular schedule provided in section 412.02,
subdivision 1. 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.
Sec. 7. [205.075] [TOWN GENERAL ELECTION.]
Subdivision 1. [DATE OF ELECTION.] The general election in
a town must be held on the second Tuesday in March, except as
provided in subdivision 2.
Subd. 2. [ALTERNATE DATE; METROPOLITAN TOWNS.] The
governing body of a town located in the metropolitan area as
defined by section 473.121 may, by resolution or ordinance,
designate the first Tuesday after the first Monday in November
of either the even-numbered or the odd-numbered year as the date
of the town general election. Town supervisors elected at a
November town general election shall serve four-year terms.
The ordinance or resolution changing the date of the town
general election must include a plan to shorten or lengthen the
terms of office to provide an orderly transition to the November
election schedule.
The ordinance or resolution changing the date of the town
general election is effective upon an affirmative vote of the
voters of the town at the next town general election.
Sec. 8. Minnesota Statutes 1992, section 205.10,
subdivision 1, is amended to read:
Subdivision 1. [QUESTIONS.] Special elections may be held
in a statutory or home rule charter city or town on a question
on which the voters are authorized by law or charter to pass
judgment. A special election may be ordered by the governing
body of the city municipality on its own motion or, on a
question that has not been submitted to the voters in an
election within the previous six months, upon a petition signed
by a number of voters equal to 20 percent of the votes cast at
the last municipal general election. A question is carried only
with the majority in its favor required by law or charter. The
election officials for a special election shall be the same as
for the most recent municipal general election unless changed
according to law. Otherwise special elections shall be
conducted and the returns made in the manner provided for the
municipal general election.
Sec. 9. Minnesota Statutes 1992, section 205.10, is
amended by adding a subdivision to read:
Subd. 4. [VACANCIES IN TOWN OFFICES.] Special elections
must be held with the town general election to fill vacancies in
town offices as provided in section 367.03, subdivision 2.
Sec. 10. Minnesota Statutes 1992, section 205.13,
subdivision 1, is amended to read:
Subdivision 1. [AFFIDAVIT OF CANDIDACY.] Not more than
(1) eight nor less than six weeks in the case of a town, or
(2) not more than ten nor less than eight weeks, in the
case of a city,
before the municipal primary, or before the municipal general
election if there is no municipal primary, An individual who is
eligible and desires to become a candidate for an office to be
voted for at the municipal general election shall file an
affidavit of candidacy with the municipal clerk. The affidavit
shall be in substantially the same form as that in section
204B.06, subdivision 1. The municipal clerk shall also accept
an application signed by not less than five voters and filed on
behalf of an eligible voter in the municipality whom they desire
to be a candidate, if service of a copy of the application has
been made on the candidate and proof of service is endorsed on
the application being filed. Upon receipt of the proper filing
fee, the clerk shall place the name of the candidate on the
official ballot without partisan designation. The filing dates
contained in this subdivision do not apply to any home rule
charter city whose charter provides for earlier filing dates.
Sec. 11. Minnesota Statutes 1992, section 205.13, is
amended by adding a subdivision to read:
Subd. 1a. [FILING PERIOD.] An affidavit of candidacy for a
town office to be elected in March must be filed not more than
eight weeks nor less than six weeks before the town election.
In municipalities nominating candidates at a municipal primary,
an affidavit of candidacy for a city office or town office voted
on in November must be filed not more than 70 days nor less than
56 days before the first Tuesday after the second Monday in
September preceding the municipal general election. In all
other municipalities, an affidavit of candidacy must be filed
not more than 70 days and not less than 56 days before the
municipal general election.
Sec. 12. Minnesota Statutes 1992, section 205.16,
subdivision 1, is amended to read:
Subdivision 1. [PUBLICATION AND POSTING.] In every
statutory city and home rule charter city, the charter of which
does not provide the manner of giving notice of a municipal
election municipality, the city municipal clerk shall, except as
otherwise provided in this section, give two weeks' published
notice, and may also give ten days' posted notice, of the
election, stating the time of the election, the location of each
polling place, the offices to be filled, and all propositions or
questions to be voted upon at the election. In a city of the
fourth class or a town not located within a metropolitan county
as defined in section 473.121, the governing body may dispense
with publication of the notice of the municipal general
election, in which case ten days' posted notice shall be given.
The city municipal clerk shall also post a copy of the notice in
the clerk's office for public inspection.
Sec. 13. Minnesota Statutes 1992, section 205.16,
subdivision 2, is amended to read:
Subd. 2. [SAMPLE BALLOT, PUBLICATION.] In all statutory
and home rule charter cities, For every municipal election,
the city municipal clerk shall, at least one week before the
election, publish a sample ballot in the official newspaper of
the city municipality, except that the governing body of a
fourth class city or a town not located within a metropolitan
county as defined in section 473.121 may dispense with
publication.
Sec. 14. Minnesota Statutes 1992, section 205.17,
subdivision 4, is amended to read:
Subd. 4. [BLUE BALLOTS; QUESTIONS.] All questions relating
to the adoption of a city charter or charter amendments or, a
proposition for the issuance of bonds, and all other questions
relating to city or town affairs submitted at an election to the
voters of the municipality, shall be printed on one separate
blue ballot and shall be prepared, printed and distributed under
the direction of the city municipal clerk at the same time and
in the same manner as other municipal ballots. The ballots,
when voted, shall be deposited in a separate blue ballot box
provided by the local authorities for each voting precinct. The
ballots shall be canvassed, counted, and returned in the same
manner as other municipal ballots. The returns shall provide
appropriate blank spaces for the counting, canvassing and
returning of the results of the questions submitted on the blue
ballot.
Sec. 15. Minnesota Statutes 1992, section 205.175, is
amended to read:
205.175 [VOTING HOURS.]
Subdivision 1. [CITIES MINIMUM VOTING HOURS.] In
all statutory and home rule charter city municipal elections,
the governing body of the city, by resolution adopted prior to
giving notice of the election, may designate the time, in no
event less than three hours, during which the polling places
will remain open for voting at the next succeeding and all
subsequent municipal elections, until the resolution is
revoked. Cities covered by this subdivision shall certify their
election hours to the county auditor upon adoption of the
resolution giving notice of the election from 5:00 p.m. to 8:00
p.m.
Subd. 2. [METROPOLITAN AREA TOWNS MUNICIPALITIES.] At any
election of town officers, in a town The governing body of a
municipality which is located within a metropolitan county as
defined by section 473.121, the town board, by resolution
adopted prior to giving notice of the election, may designate
the time during which the polling places will remain open for
voting at the next succeeding and all subsequent town municipal
elections, provided that the polling places shall open no later
than 10:00 a.m. and shall close no earlier than 8:00 p.m. The
resolution shall remain in force until it is revoked by the town
board municipal governing body.
Subd. 3. [OTHER TOWNS MUNICIPALITIES.] In any election of
town officers in a town The governing body of a municipality
other than a town municipality described in subdivision 2, the
town board, may by resolution adopted prior to giving notice of
the election, may designate the time, in no event less than
three hours addition to the minimum voting hours provided in
subdivision 1, during which the polling places will remain open
for voting at the next succeeding and all subsequent town
municipal elections. The resolution shall remain in force until
it is revoked by the town board municipal governing body or
changed because of request by voters as provided in this
subdivision. If a petition requesting longer voting hours,
signed by a number of voters equal to 20 percent of the votes
cast at the last town municipal election, is presented to the
town municipal clerk no later than 30 days prior to the town
municipal election, then the polling places for that election
shall open at 10:00 a.m. and close at 8:00 p.m. The town
municipal clerk shall give ten days notice of the changed voting
hours and notify the county auditor of the change. Towns
Municipalities covered by this subdivision shall certify their
election hours to the county auditor in January of each year.
Sec. 16. Minnesota Statutes 1992, section 205A.03,
subdivision 1, is amended to read:
Subdivision 1. [RESOLUTION.] The school board of a school
district may, by resolution adopted at least 12 weeks before the
next school district general election by June 1 of any year,
decide to choose nominees for school district elective offices
by a primary as provided in subdivisions 1 to 6. The
resolution, when adopted, is effective for all ensuing elections
of board members in that school district until it is revoked.
Sec. 17. Minnesota Statutes 1992, section 205A.03,
subdivision 2, is amended to read:
Subd. 2. [DATE.] The school district primary must be
held at a time designated by the school board in the resolution
adopting the primary system, but no later than six weeks
before on the first Tuesday after the second Monday in September
in the year when the school district general election is held.
The clerk shall give notice of the primary in the manner
provided in section 205A.07.
Sec. 18. Minnesota Statutes 1992, section 205A.04,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL DISTRICT GENERAL ELECTION.] Except
as may be provided in a special law or charter provision to the
contrary, The general election in each school district must be
held on the third Tuesday in May, unless the school board
provides by resolution for holding the school district general
election on the first Tuesday after the first Monday in November
of either the odd-numbered or the even-numbered year. When the
time of a school district's general election is changed from May
to November, the terms of all board members shall be lengthened
to expire on January 1; when the time of a school district's
general election is changed from November to May, the terms of
all board members shall be shortened to expire on July 1.
Whenever the time of a school district election is changed, the
school district clerk shall immediately notify in writing the
county auditor or auditors of the counties in which the school
district is located and the secretary of state of the change of
date.
Sec. 19. Minnesota Statutes 1992, section 205A.06,
subdivision 1, is amended to read:
Subdivision 1. [AFFIDAVIT OF CANDIDACY.] Not more than ten
nor less than eight weeks before a school district primary, or
before the school district general election if there is no
school district primary, An individual who is eligible and
desires to become a candidate for an office to be voted on at
the election must file an affidavit of candidacy with the school
district clerk. The affidavit must be in substantially the same
form as that in section 204B.06, subdivision 1. The school
district clerk shall also accept an application signed by at
least five voters and filed on behalf of an eligible voter in
the school district whom they desire to be a candidate, if
service of a copy of the application has been made on the
candidate and proof of service is endorsed on the application
being filed. No individual shall be nominated by nominating
petition for a school district elective office except in the
event of a vacancy in nomination as provided in section 205A.03,
subdivision 6. Upon receipt of the proper filing fee, the clerk
shall place the name of the candidate on the official ballot
without partisan designation.
Sec. 20. Minnesota Statutes 1992, section 205A.06, is
amended by adding a subdivision to read:
Subd. 1a. [FILING PERIOD.] In school districts nominating
candidates at a school district primary, affidavits of candidacy
may be filed with the school district clerk no earlier than the
70th day and no later than the 56th day before the first Tuesday
after the second Monday in September in the year when the school
district general election is held. In all other school
districts, affidavits of candidacy must be filed not more than
70 days and not less than 56 days before the school district
general election.
Sec. 21. Minnesota Statutes 1992, section 205A.09,
subdivision 2, is amended to read:
Subd. 2. [OTHER SCHOOL DISTRICTS.] At a school district
election in a school district other than one described in
subdivision 1, the school board, by resolution adopted before
giving notice of the election, may designate the time, in no
event less than three hours, during which the polling places
will remain open for voting at the next succeeding and all later
school district elections. All polling places must be open
between the hours of 5:00 p.m. and 8:00 p.m. The resolution
must remain in force until it is revoked by the school board or
changed because of request by voters as provided in this
subdivision. If a petition requesting longer voting hours,
signed by a number of voters equal to 20 percent of the votes
cast at the last school district election, is presented to the
school district clerk no later than 30 days before a school
district election, then the polling places for that election
must open at 10:00 a.m. and close at 8:00 p.m. The school
district clerk must give ten days' published notice and posted
notice of the changed voting hours and notify appropriate county
auditors of the change.
Sec. 22. Minnesota Statutes 1993 Supplement, section
206.90, subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In precincts using optical scan voting
systems, a single ballot card on which all ballot information is
included must be printed in black ink on white or buff colored
material except that marks not to be read by the automatic
tabulating equipment may be printed in another color ink. If
more than one ballot card is required, the cards must, so far as
practicable, be of the same color as is required for paper
ballots.
When optical scan ballots are used, the offices to be
elected must appear in the following order: federal offices;
state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions;
municipal offices and questions; school district offices and
questions; special district offices and questions; and judicial
offices.
Sec. 23. Minnesota Statutes 1992, section 365.51,
subdivision 1, is amended to read:
Subdivision 1. [WHEN; BAD WEATHER.] A town's annual town
meeting must be held on the second Tuesday of March at the place
named by the last annual town meeting. If no place was named
then, the meeting must be held at the place named by the town
board. The place may be outside the town if the place is within
five miles of a town boundary. If there is bad weather on the
day of the meeting and election in March, the town board shall
set the meeting and election for the third Tuesday in March. If
there is bad weather on the third Tuesday in March, the town
board shall set another date for the meeting and election within
30 days of the third Tuesday in March. If the meeting and
election are postponed, the notice requirements in subdivision 2
shall apply to the postponed meeting and election.
The balloting of the town election must be concluded on the
same day the election is commenced.
Sec. 24. Minnesota Statutes 1992, section 365.51,
subdivision 3, is amended to read:
Subd. 3. [OFFICERS; OTHER BUSINESS.] An annual town
election shall be held on the same day as the annual town
meeting to elect all town officers required by law to be
elected, except as provided in section 205.075, subdivision 2.
Other town business shall be conducted at the town meeting as
provided by law.
Sec. 25. Minnesota Statutes 1992, section 367.03, as
amended by Laws 1993, chapter 24, section 1, is amended to read:
367.03 [OFFICERS ELECTED AT ANNUAL ELECTION; VACANCIES.]
Subdivision 1. [OFFICERS SUPERVISORS, TERMS.] Except in
towns operating under option A or in towns operating as provided
in subdivision 4, three supervisors shall be elected in each
town at the town general election as provided in this section.
Each supervisor shall be elected for a term of three years.
Subd. 2. [NEW TOWNS.] When a new town is organized and
supervisors are elected at a town meeting prior to the annual
town election, they shall serve only until the next annual town
election. At that election three supervisors shall be elected,
one for three years, one for two years, and one for one year, so
that the term of one shall expire each year. The number of
years for which each is elected shall be indicated on the ballot.
Subd. 3. [SUPERVISORS; TOWNS UNDER OPTION A.] When two
supervisors are to be elected for three-year terms under option
A, a candidate shall indicate on the affidavit of candidacy
which of the two offices the candidate is filing for. At
following annual town elections one supervisor shall be elected
for three years to succeed the one whose term expires at that
time and shall serve until a successor is elected and qualified.
Subd. 4. [OFFICERS; METROPOLITAN TOWNS.] Supervisors and
other town officers in towns located in the metropolitan area as
defined in section 473.121 that hold the town general election
in November shall be elected for terms of four years and until
their successors are elected and qualified. The clerk and
treasurer shall be elected in alternate years.
Subd. 5. [ELECTION OF CLERK, TREASURER.] Except in towns
operating under option B or option D, or both, or in towns
operating as provided in subdivision 4, at the annual town
election in even-numbered years one town clerk and at the annual
town election in odd-numbered years one town treasurer shall be
elected. The clerk and treasurer each shall serve for two years
and until their successors are elected and qualified.
Subd. 2 6. [VACANCIES.] When a vacancy occurs in a town
office, the town board shall fill the vacancy by appointment.
The person appointed shall hold office until the next annual
town election, when a successor shall be elected for the
unexpired term. A vacancy in the office of supervisor shall be
filled by the remaining supervisors and the town clerk until the
next annual town election, when a successor shall be elected for
the unexpired term. When, because of a vacancy, more than one
supervisor is to be chosen at the same election, candidates for
the offices of supervisor shall file for one of the specific
terms being filled. Law enforcement vacancies shall be filled
by appointment by the town board.
Sec. 26. [TRANSITION SCHEDULE FOR EVEN-YEAR ELECTIONS.]
Subdivision 1. [APPLICATION.] The transition schedule in
this section applies to political subdivisions that choose,
before January 1, 1995, to conduct their primary and general
elections in the even-numbered years. A political subdivision
that later determines to change from an odd-numbered year
election to an even-numbered year election may do so by adoption
of a new resolution or ordinance that contains an orderly plan
for the transition.
Subd. 2. [CITY OFFICES.] For city officials elected in
1995, the governing body of the city shall select by lot the
officials whose terms of office will expire on the first Monday
in January of 1999 or on the first Monday in January of 2001.
To the extent practicable, the terms of one-half of the members
of the governing body to be elected in 1995 must expire in
January of 1999. The governing body of the city must complete
the selection required by this paragraph no later than 30 days
before the first day to file affidavits of candidacy for the
election in 1995.
The terms of all city officials elected at a general
election in 1996 expire on the first Monday in January of 2001.
The terms of all city officials elected at a general election in
1998 expire on the first Monday in January of 2003.
For city officials elected in 1997, the governing body of
the city shall select by lot the officials whose terms of office
will expire on the first Monday in January of 2001 or on the
first Monday in January of 2003. To the extent practicable, the
terms of one-half of the members of the governing body to be
elected in 1997 must expire in January 2001. The governing body
of the city must complete the selection required by this
paragraph no later than 30 days before the first day to file
affidavits of candidacy for the election in 1997.
Subd. 3. [SCHOOL BOARD MEMBERS.] The terms of all school
board members elected in 1996 expire on the first Monday in
January of 2001. The terms of all school board members elected
in 1998 expire on the first Monday in January of 2003.
The terms of office of school board members elected in 1995
expire on the first Monday in January of 1999 or 2001, as
provided in this paragraph. The governing body of the school
district shall select by lot the board members whose terms will
expire in January of 1999 or January of 2001. To the extent
practicable, one-half of the members elected in 1995 must expire
in January of 1999. The governing body of the school district
must complete the selection required by this paragraph no later
than 30 days before the first day to file affidavits of
candidacy for the election in 1995.
The terms of office of school board members elected in 1997
expire on the first Monday in January of 2001 or 2003, as
provided in this paragraph. The governing body of the school
district shall select by lot the board members whose terms will
expire in January of 2001 or January of 2003. To the extent
practicable, one-half of the members elected in 1997 must expire
in January of 2001.
Subd. 4. [SPECIAL DISTRICT OFFICES.] The terms of office
of special district officials elected in 1995 expire on the
first Monday in January of 1999 or 2001, as provided in this
paragraph. The governing body of the district shall select by
lot the officials whose terms will expire in January of 1999 or
January of 2001. To the extent practicable, the terms of
one-half of the officials to be elected in 1995 must expire in
January of 1999. The governing body of the district must
complete the selection required by this paragraph no later than
30 days before the first day to file affidavits of candidacy for
the election in 1995.
The terms of all special district officials elected in 1996
expire on the first Monday in January of 2001. The terms of all
special district officials elected in 1998 expire on the first
Monday in January of 2003.
The terms of office of special district officials elected
in 1997 expire on the first Monday in January of 2001 or 2003,
as provided in this paragraph. The governing body of the
district shall select by lot the officials whose terms will
expire in January of 2001 or January of 2003. To the extent
practicable, the terms of one-half of the officials to be
elected in 1997 must expire in January of 2001. The governing
body of the district must complete the selection required by
this paragraph no later than 30 days before the first day to
file affidavits of candidacy for the election in 1997.
Sec. 27. [TRANSITION SCHEDULE FOR ODD-YEAR ELECTIONS.]
Subdivision 1. [APPLICATION.] The transition schedule in
this section applies to political subdivisions that do not
choose, before January 1, 1995, to conduct their primary and
general elections in the even-numbered years. A political
subdivision that later determines to change from an
even-numbered year election to an odd-numbered year election may
do so by adoption of a new resolution or ordinance that contains
an orderly plan for the transition.
Subd. 2. [CITY OFFICES.] For city officials elected in
1996, the governing body of the city shall select by lot the
officials whose terms of office will expire on the first Monday
in January of 2000 or on the first Monday in January of 2002.
To the extent practicable, the terms of one-half of the members
of the governing body to be elected in 1996 must expire in
January of 2000. The governing body of the city must complete
the selection required by this paragraph no later than 30 days
before the first day to file affidavits of candidacy for the
election in 1996.
The terms of all city officials elected at a general
election in 1997 expire on the first Monday in January of 2002.
The terms of all city officials elected at a general election in
1999 expire on the first Monday in January of 2004.
For city officials elected in 1998, the governing body of
the city shall select by lot the officials whose terms of office
will expire on the first Monday in January of 2002 or on the
first Monday in January of 2004. To the extent practicable, the
terms of one-half of the members of the governing body to be
elected in 1998 must expire in January 2002. The governing body
of the city must complete the selection required by this
paragraph no later than 30 days before the first day to file
affidavits of candidacy for the election in 1998.
Subd. 3. [SCHOOL BOARD MEMBERS.] The terms of all school
board members elected in 1997 expire on the first Monday in
January of 2002. The terms of all school board members elected
in 1999 expire on the first Monday in January of 2004.
The terms of office of school board members elected in 1996
expire on the first Monday in January of 2000 or 2002, as
provided in this paragraph. The governing body of the school
district shall select by lot the board members whose terms will
expire in January of 2000 or January of 2002. To the extent
practicable, one-half of the members elected in 1996 must expire
in January of 2000. The governing body of the school district
must complete the selection required by this paragraph no later
than 30 days before the first day to file affidavits of
candidacy for the election in 1996.
Subd. 4. [SPECIAL DISTRICT OFFICES.] The terms of office
of special district officials elected in 1996 expire on the
first Monday in January of 2000 or 2002, as provided in this
paragraph. The governing body of the district shall select by
lot the officials whose terms will expire in January of 2000 or
January of 2002. To the extent practicable, the terms of
one-half of the officials to be elected in 1996 must expire in
January of 2000. The governing body of the district must
complete the selection required by this paragraph no later than
30 days before the first day to file affidavits of candidacy for
the election in 1996.
The terms of all special district officials elected in 1997
expire on the first Monday in January of 2002. The terms of all
special district officials elected in 1999 expire on the first
Monday in January of 2004.
The terms of office of special district officials elected
in 1998 expire on the first Monday in January of 2002 or 2004,
as provided in this paragraph. The governing body of the
district shall select by lot the officials whose terms will
expire in January of 2002 or January of 2004. To the extent
practicable, the terms of one-half of the officials to be
elected in 1998 must expire in January of 2002. The governing
body of the district must complete the selection required by
this paragraph no later than 30 days before the first day to
file affidavits of candidacy for the election in 1998.
Sec. 28. [REPEALER.]
Minnesota Statutes 1992, sections 205.065, subdivision 3;
205.18; 205.20; and 205A.04, subdivision 2, are repealed.
Sec. 29. [EFFECTIVE DATE.]
Sections 4, 6, and 17 to 20 are effective on January 1,
1998. Section 2 is effective for school board members elected
after January 1, 1995.
Presented to the governor May 9, 1994
Signed by the governor May 16, 1994, 3:14 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes