Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 469-H.F.No. 343
An act proposing an amendment to the Minnesota
Constitution, article VIII, by adding a section;
providing for recall of elected state officers;
amending Minnesota Statutes 1994, section 200.01;
proposing coding for new law as Minnesota Statutes,
chapter 211C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [CONSTITUTIONAL AMENDMENT.]
An amendment to the Minnesota Constitution, amending
article VIII by adding a section, is proposed to the people. If
the amendment to article VIII is adopted, the new section will
read:
Sec. 6. A member of the senate or the house of
representatives, an executive officer of the state identified in
section 1 of article V of the constitution, or a judge of the
supreme court, the court of appeals, or a district court is
subject to recall from office by the voters. The grounds for
recall of a judge shall be established by the supreme court.
The grounds for recall of an officer other than a judge are
serious malfeasance or nonfeasance during the term of office in
the performance of the duties of the office or conviction during
the term of office of a serious crime. A petition for recall
must set forth the specific conduct that may warrant recall. A
petition may not be issued until the supreme court has
determined that the facts alleged in the petition are true and
are sufficient grounds for issuing a recall petition. A
petition must be signed by a number of eligible voters who
reside in the district where the officer serves and who number
not less than 25 percent of the number of votes cast for the
office at the most recent general election. Upon a
determination by the secretary of state that a petition has been
signed by at least the minimum number of eligible voters, a
recall election must be conducted in the manner provided by
law. A recall election may not occur less than six months
before the end of the officer's term. An officer who is removed
from office by a recall election or who resigns from office
after a petition for recall issues may not be appointed to fill
the vacancy that is created.
Sec. 2. [SCHEDULE AND QUESTION.]
The amendment shall be submitted to the people at the 1996
general election. The question submitted must be:
"Shall the Minnesota Constitution be amended to provide for
recall of elected state officers for wrongdoing?
Yes .......
No ........"
ARTICLE 2
Section 1. Minnesota Statutes 1994, section 200.01, is
amended to read:
200.01 [CITATION, MINNESOTA ELECTION LAW.]
This chapter and chapters 201, 202A, 203B, 204B, 204C,
204D, 205, 205A, 206, 208, 209, 211A, and 211B, and 211C shall
be known as the Minnesota election law.
Sec. 2. [211C.01] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section and in chapter 200 apply to this chapter.
Subd. 2. [MALFEASANCE.] "Malfeasance" means the
intentional commission of an unlawful or wrongful act by a state
officer other than a judge in the performance of the officer's
duties that is substantially outside the scope of the authority
of the officer and that substantially infringes on the rights of
any person or entity.
Subd. 3. [NONFEASANCE.] "Nonfeasance" means the
intentional, repeated failure of a state officer other than a
judge to perform specific acts that are required duties of the
officer.
Subd. 4. [SERIOUS CRIME.] (a) "Serious crime" means a
crime that is punished as a gross misdemeanor, as defined in
section 609.02, and that involves assault, intentional injury or
threat of injury to person or public safety, dishonesty,
stalking, aggravated driving while intoxicated, coercion,
obstruction of justice, or the sale or possession of controlled
substances.
(b) "Serious crime" also means a crime that is punished as
a misdemeanor, as defined in section 609.02, and that involves
assault, intentional injury or threat of injury to person or
public safety, dishonesty, coercion, obstruction of justice, or
the sale or possession of controlled substances.
Subd. 5. [STATE OFFICER.] "State officer" means an
individual occupying an office subject to recall under the
Minnesota Constitution, article VIII, section 6.
Sec. 3. [211C.02] [GROUNDS.]
The grounds for recall of a judge shall be established by
the supreme court. A state officer other than a judge may be
subject to recall for serious malfeasance or nonfeasance during
the term of office in the performance of the duties of the
office or conviction during the term of office for a serious
crime.
Sec. 4. [211C.03] [PETITION FOR RECALL; FORM AND CONTENT.]
The secretary of state shall prescribe by rule the form
required for a recall petition. Each page of the petition must
contain the following information:
(1) the name and office held by the state officer who is
the subject of the recall petition and, in the case of a
representative, senator, or district judge, the district number
in which the state officer serves;
(2) the specific grounds upon which the state officer is
sought to be recalled and a concise, accurate, and complete
synopsis of the specific facts that are alleged to warrant
recall on those grounds;
(3) a statement that a recall election, if conducted, will
be conducted at public expense;
(4) a statement that persons signing the petition:
(i) must be eligible voters residing within the district
where the state officer serves or, in the case of a statewide
officer, within the state;
(ii) must know the purpose and content of the petition; and
(iii) must sign of their own free will and may sign only
once; and
(5) a space for the signature and signature date; printed
first, middle, and last name; residence address, including
municipality and county; and date of birth of each signer.
The secretary of state shall make available sample recall
petition forms upon request.
Sec. 5. [211C.04] [PROPOSED PETITION; SUBMITTAL.]
A petition to recall a state officer may be proposed by 25
or more persons, who must be eligible to sign and shall sign the
proposed petition for the recall of the officer. The persons
submitting the petition must designate in writing no more than
three individuals among them to represent all petitioners in
matters relating to the recall. The proposed petition must be
submitted to the secretary of state in the manner and form
required by the secretary of state and be accompanied by a fee
of $100. After the secretary of state issues a petition to
recall a state officer under section 211C.06, the secretary of
state may not accept a proposed petition to recall the same
officer until either the earlier petition is dismissed by the
secretary of state for a deficiency of signatures under section
211C.06, or the recall election brought about by the earlier
petition results in the officer retaining the office. Upon
receiving a proposed petition that satisfies the requirements of
this section, the secretary of state shall immediately notify in
writing the state officer named and forward the proposed
petition to the clerk of the appellate courts for action under
section 211C.05.
Sec. 6. [211C.05] [SUPREME COURT REVIEW OF PROPOSED
PETITION.]
Subdivision 1. [ASSIGNMENT FOR HEARING.] Upon receiving a
proposed petition from the secretary of state, the clerk of the
appellate courts shall submit it immediately to the chief
justice of the supreme court, or, if the chief justice is the
subject of the proposed petition, to the most senior associate
justice of the supreme court. The persons proposing the
petition shall provide to the reviewing judge any materials
supporting the petition. The officer who is named in the
proposed petition may submit materials in opposition. The
justice, or a designee if the justice has a conflict of interest
or is unable to conduct the review in a timely manner, shall
review the proposed petition to determine whether it alleges
specific facts that, if proven, would constitute grounds for
recall of the officer under the Minnesota Constitution, article
VIII, section 6, and section 211C.02. If it does not, the
justice shall immediately issue an order dismissing the petition
and indicating the reason for dismissal. If the proposed
petition does allege specific facts that, if proven, would
constitute grounds for recall, the justice shall assign the case
to a special master for a public hearing. The special master
must be an active or retired judge. The justice shall complete
the review under this section and dismiss the proposed petition
or assign the case for hearing within ten days.
Subd. 2. [HEARING; REPORT.] A public hearing on the
allegations of a proposed petition must be held within 21 days
after issuance of the order of the justice assigning the case to
a special master. The special master shall report to the court
within seven days after the end of the public hearing. In the
report, the special master shall determine:
(1) whether the persons proposing the petition have shown
by a preponderance of the evidence that the factual allegations
supporting the petition are true; and
(2) if so, whether the persons proposing the petition have
shown that the facts found to be true are sufficient grounds for
issuing a recall petition.
If the special master determines that these standards have
been met, the report must include a statement of the specific
facts and grounds for the recall petition.
Subd. 3. [SUPREME COURT; DECISION.] The supreme court
shall review the report of the special master and make a
decision on the petition within 20 days. If the court decides
that the standard expressed in subdivision 2 has not been met,
the court shall dismiss the petition. If the court decides that
the standard for decision expressed in subdivision 2 has been
met, the court shall prescribe, by order to the secretary of
state, the statement of the specific facts and grounds that must
appear on the petition for recall issued under section 211C.06.
If the court dismisses a petition under this section because the
persons proposing the petition have acted in bad faith in
violation of section 211C.09, the court may assess the persons
proposing the petition for reasonable costs of conducting the
proceeding.
Sec. 7. [211C.06] [ISSUING, CIRCULATING, AND VERIFYING
PETITION.]
Upon receipt of the order from the supreme court, the
secretary of state shall issue a recall petition. When the
required number of signatures on the petition have been secured,
the petition may be filed with the secretary of state. The
petition must be filed within 90 days after the date of
issuance. Upon the filing of the petition, the secretary of
state shall verify the number and eligibility of signers in the
manner provided by the secretary of state. If the secretary of
state determines that a petition has been signed by a sufficient
number of eligible voters, the secretary of state shall certify
the petition and immediately notify in writing the governor, the
petitioners, and the state officer named in the petition. If
the petition is not signed by a sufficient number of eligible
voters, the secretary of state shall dismiss the petition.
Sec. 8. [211C.07] [GOVERNOR; WRIT OF ELECTION; ELECTION.]
Within five days of receiving certification of a petition
under section 211C.06, the governor shall issue a writ calling
for a recall election, unless the election cannot be held before
the deadline specified in the Minnesota Constitution, article
VIII, section 6. A recall election must be conducted, and the
results canvassed and returned, in the manner provided by law
for the state general election.
Sec. 9. [211C.08] [ELECTION RESULT; REMOVAL FROM OFFICE.]
If a majority of the votes cast in a recall election favor
the removal of the state officer, upon certification of that
result the state officer is removed from office and the office
is vacant.
Sec. 10. [211C.09] [RECALL PETITION; CORRUPT PRACTICES.]
A person proposing a petition may not allege any material
fact in support of the petition that the person knows is false
or has alleged with reckless disregard of whether it is false.
A person may not intentionally make any false entry on a
petition or aid, abet, counsel, or procure another to do so. A
person may not use threat, intimidation, coercion, or other
corrupt means to interfere or attempt to interfere with the
right of any eligible voter to sign or not to sign a recall
petition of their own free will. A person may not, for any
consideration, compensation, gift, reward, or thing of value or
promise thereof, sign or not sign a recall petition.
The supreme court may dismiss a proposed petition for
violation of this section. Notwithstanding section 645.241, the
sole remedy for a violation of this section is dismissal of the
petition by the supreme court.
Sec. 11. [EFFECTIVE DATE.]
Article 2 is effective upon ratification of the
constitutional amendment in article 1.
Presented to the governor April 4, 1996
Signed by the governor April 12, 1996, 10:08 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes