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Office of the Revisor of Statutes

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.