1.1 	A bill for an act
1.2 	relating to elections; changing certain school district election provisions; 
1.3 	eliminating an approval requirement for mail elections; authorizing certain 
1.4 	school board primary elections;amending Minnesota Statutes 2004, sections 
1.5 	204B.46; 205A.03, subdivision 1; 205A.06, subdivision 1a; 205A.12, by adding 
1.6 	a subdivision; 206.58, by adding a subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 204B.46, is amended to read:
1.9 	204B.46 MAIL ELECTIONS; QUESTIONS.
1.10 	A county, municipality, or school district submitting questions to the voters at a 
1.11 	special election may ~~apply to the county auditor for approval of~~conduct an election by 
1.12 	mail with no polling place other than the office of the auditor or clerk. No more than two 
1.13 	questions may be submitted at a mail election and no offices may be voted on. Notice 
1.14 	of the election ~~and~~must be given to the county auditor at least 53 days prior to the 
1.15 	election. This notice also fulfills the requirements of Minnesota Rules, part 8210.3000. 
1.16 	The special mail ~~procedure~~ballot procedures must be ~~given~~posted at least six weeks prior 
1.17 	to the election. No earlier than 20 or later than 14 days prior to the election, the auditor 
1.18 	or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, 
1.19 	municipality, or school district. Eligible voters not registered at the time the ballots are 
1.20 	mailed may apply for ballots pursuant to chapter 203B.

1.21 	Sec. 2. Minnesota Statutes 2004, section 205A.03, subdivision 1, is amended to read:
1.22 		Subdivision 1.~~Required~~Resolution requiring primary in certain circumstances.
 1.23 	~~In a school district election,~~The school board of a school district may, by resolution 
1.24 	adopted by June 1 of any year, decide to choose nominees for school board by a primary as 
2.1 	provided in subdivisions 1 to 6. The resolution, when adopted, is effective for all ensuing 
2.2 	elections of board members in that school district until it is revoked. If the board decides 
2.3 	to choose nominees by primary and if there are more than two candidates for a specified 
2.4 	school board position or more than twice as many school board candidates as there are 
2.5 	at-large school board positions available, ~~a~~the school district must hold a primary.

2.6 	Sec. 3. Minnesota Statutes 2004, section 205A.06, subdivision 1a, is amended to read:
2.7 		Subd. 1a.Filing period. In school districts that have adopted a resolution to choose 
2.8 	nominees for school board by a primary election, affidavits of candidacy must be filed 
2.9 	with the school district clerk no earlier than the 70th day and no later than the 56th day 
2.10 	before the first Tuesday after the second Monday in September in the year when the 
2.11 	school district general election is held. In all other school districts, affidavits of candidacy 
2.12 	must be filed no earlier than the 70th day and no later than the 56th day before the school 
2.13 	district general election.

2.14 	Sec. 4. Minnesota Statutes 2004, section 205A.12, is amended by adding a subdivision 
2.15 	to read:
2.16 		Subd. 8.Election to convert to at-large elections. Except as provided in 
2.17 	subdivision 7, if a school district has previously been reorganized into election districts, 
2.18 	the school board may, on its own motion or upon a petition signed by at least 50 electors 
2.19 	of the district or ten percent of the votes cast in the most recent school board general 
2.20 	election, whichever number is larger, call a special election to dissolve the election 
2.21 	districts previously established and thereafter to elect school board members at large. The 
2.22 	resolution must specify the first year in which at-large elections would be held. The 
2.23 	election must be held at least 98 days before the first school district primary, or before 
2.24 	the first school district general election if there is no primary, at which at-large elections 
2.25 	would be held if approved. The question on the ballot must be presented in substantially 
2.26 	the following form: "Shall the members of the school board of Independent School 
2.27 	District No. .... be elected at large in 20.. and thereafter?"

2.28 	Sec. 5. Minnesota Statutes 2004, section 206.58, is amended by adding a subdivision 
2.29 	to read:
2.30 		Subd. 5.School districts. The school board of a school district may provide for 
2.31 	the use by the district of an electronic voting system in one or more polling places or 
2.32 	combined polling places in the school district for an election not held in conjunction with a 
2.33 	statewide election. No system may be adopted or used unless it has been approved by the 
3.1 	secretary of state pursuant to section 206.57. The school district shall notify the secretary 
3.2 	of state of its decision in compliance with subdivision 4.

3.3 	Sec. 6. EFFECTIVE DATE.
 3.4 	This act is effective the day following final enactment and applies to school board 
3.5 	elections held in 2006 and thereafter.