Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 173-S.F.No. 296 
                  An act relating to elections; providing for four-year 
                  terms for soil and water conservation district 
                  supervisors; conforming the timelines for appointing 
                  supervisor replacements to other election law; 
                  cancelling the general election and annual meeting for 
                  the East Grand Forks school district; amending 
                  Minnesota Statutes 1996, sections 103C.301, 
                  subdivisions 1 and 6; 103C.305, subdivision 6; 
                  103C.311; and 103C.315, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 103C.301, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOMINATING PETITIONS.] Within 30 days 
        after the date that the secretary of state issues a certificate 
        of organization of a district, or during additional time as the 
        state board may allow, nominating petitions may be filed with 
        the state board nominating legal voters as candidates for 
        election as supervisors.  Two Three supervisors shall be elected 
        for terms to expire on December 31 following the second general 
        election after their initial election, and one for a term to 
        expire on December 31 following the third general election after 
        their initial election.  Each petition must be signed by one or 
        more legal voters of the district.  If a person signs petitions 
        nominating more than three candidates, the signature may not be 
        counted on any petition.  
           Sec. 2.  Minnesota Statutes 1996, section 103C.301, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ELECTED SUPERVISOR TERM.] Except to fill a 
        vacancy or for initial elections, supervisors shall be elected 
        for six-year four-year terms.  
           Sec. 3.  Minnesota Statutes 1996, section 103C.305, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VACANCY.] (a) If a vacancy occurs in the office 
        of an elected supervisor, more than 60 56 days before the 
        next general election state primary, the district board shall 
        fill the vacancy by appointment.  The supervisor appointed shall 
        hold office until December 31 following the next general 
        election.  A successor shall be elected at the general election 
        following the appointment and hold office for the remainder of 
        the term or for the next regular term, whichever is appropriate. 
           (b) If a vacancy occurs less than 60 56 days before the 
        next general election state primary, the district board shall 
        fill the vacancy by appointment.  The appointed supervisor shall 
        hold office until the expiration of the term or until December 
        31 following the second succeeding general election, whichever 
        is shorter.  A successor shall be elected at the general 
        election preceding expiration of the appointed term and hold 
        office for the remainder of the term or for the next regular 
        term, whichever is appropriate.  
           Sec. 4.  Minnesota Statutes 1996, section 103C.311, is 
        amended to read: 
           103C.311 [FORMATION OF SUPERVISOR DISTRICTS.] 
           (a) The district board, after two successive annual 
        elections have the initial election has been held, shall, with 
        the approval of the state board, divide a district into five 
        supervisor districts for purposes of nomination for election.  
        At each election after the division, one or more supervisors 
        shall be nominated from each supervisor district.  
           (b) If the boundary of a soil and water conservation 
        district has been substantially changed by a division of the 
        district, the district shall be divided into five supervisor 
        districts for nomination purposes.  
           (c) This subdivision does not disqualify a supervisor 
        during the term for which the supervisor was elected or 
        nominated for election.  Supervisors nominated from the 
        supervisor districts shall be included on the ballot for 
        election from the entire area included in the soil and water 
        conservation district.  
           (d) A certified copy of the minutes or the resolution of 
        the supervisors establishing supervisor districts must be 
        promptly filed by the chair of the district board with the 
        county auditor of the counties where the district is located and 
        with the state board. 
           Sec. 5.  Minnesota Statutes 1996, section 103C.315, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TERMS.] The two supervisors appointed by the 
        state board upon the establishment of a district shall serve 
        terms ending on December 31 following the next general election 
        after their appointment.  Their successors shall be elected for 
        terms of six four years.  
           A supervisor shall hold office until a successor is elected 
        or appointed and has qualified.  Vacancies in the office of 
        supervisor appointed by the state board shall be filled by the 
        state board. 
           Sec. 6.  [INCUMBENT TERMS.] 
           All supervisors who are incumbents on the effective date of 
        this section shall serve out the terms to which they have been 
        elected.  At the end of their terms, their successors shall be 
        elected to four-year terms, except that the successors to the 
        two supervisors whose terms expire on December 31, 1998, shall 
        be elected to two-year terms at the 1998 general election and to 
        four-year terms thereafter. 
           Sec. 7.  [CANCELLATION OF GENERAL ELECTION AND ANNUAL 
        MEETING; INDEPENDENT SCHOOL DISTRICT NO. 595, EAST GRAND FORKS.] 
           The May 20, 1997, general election and the July 1997 annual 
        meeting in independent school district No. 595, East Grand 
        Forks, are canceled.  All filings for that election are void and 
        all filing fees shall be returned to affected candidates.  The 
        general election shall be held on November 4, 1997, in 
        compliance with Minnesota Statutes, chapter 205A.  The annual 
        meeting of the board shall be held on the first Monday of 
        January 1998, or as soon thereafter as practicable.  The terms 
        of existing members whose terms would otherwise expire on July 
        1, 1997, shall be lengthened to expire on January 1, 1998, and 
        the terms of existing officers shall be lengthened to the 
        January 1998 annual meeting and until their successors are 
        elected and qualify. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 7 is effective for independent school district No. 
        595, East Grand Forks, the day after its compliance with the 
        requirements of Minnesota Statutes, section 645.021, subdivision 
        3. 
           Presented to the governor May 17, 1997 
           Signed by the governor May 19, 1997, 1:20 p.m.