1998 Minnesota Statutes

CHAPTER 205A. School district elections

     205A.01 Definitions. 

    Subdivision 1.    Scope.  The definitions in chapter 200 
 and in this section apply to this chapter. 

    Subd. 2.    School district.  "School district" means an 
 independent or special school district, as defined in section 
 120.02.  

    HIST: 1987 c 266 art 1 s 48 

     205A.02 Election Law applicable. 

    Except as provided in this chapter, the Minnesota Election 
 Law applies to school district elections, as far as practicable. 
 Elections in common school districts shall be governed by 
 section 123B.94. 

    HIST: 1987 c 266 art 1 s 49; 1998 c 397 art 11 s 3 

     205A.03 Primary elections. 

    Subdivision 1.    Resolution.  The school board of a 
 school district may, by resolution adopted 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.  

    Subd. 2.    Date.  The school district primary must be 
 held 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. 

    Subd. 3.    Candidates, filing.  The clerk shall place 
 upon the primary ballot without partisan designation the names 
 of individuals whose candidacies have been filed and for whom 
 the proper filing fee has been paid.  When not more than twice 
 the number of individuals to be elected to a school district 
 elective office file for nomination for the office, their names 
 must not be placed upon the primary ballot and must be placed on 
 the school district general election ballot as the nominees for 
 that office.  

    Subd. 4.    Results.  The school district primary must 
 be conducted and the returns made in the manner provided for the 
 state primary as far as practicable.  Within two days after the 
 primary, the school board of the school district shall canvass 
 the returns, and the two candidates for each office who receive 
 the highest number of votes, or a number of candidates equal to 
 twice the number of individuals to be elected to the office who 
 receive the highest number of votes, are the nominees for the 
 office named.  Their names must be certified to the school 
 district clerk who shall place them on the school district 
 general election ballot without partisan designation and without 
 payment of an additional fee. 

    Subd. 5.    Recount.  A losing candidate at the school 
 district primary may request a recount of the votes for that 
 nomination subject to section 204C.36. 

    Subd. 6.    Vacancy in nomination.  When a vacancy 
 occurs in a nomination made at a school district primary, the 
 vacancy must be filled in the manner provided in section 204B.13.

    HIST: 1987 c 266 art 1 s 50; 1994 c 646 s 16,17 

     205A.04 General election. 

    Subdivision 1.    School district general election.  The 
 general election in each school district must be held on the 
 first Tuesday after the first Monday in November of either the 
 odd-numbered or the even-numbered year.  

    Subd. 2. Repealed, 1994 c 646 s 28 

    HIST: 1987 c 266 art 1 s 51; 1991 c 227 s 22; 1994 c 646 s 18 

     205A.05 Special elections. 

    Subdivision 1.    Questions.  Special elections must be 
 held for a school district on a question on which the voters are 
 authorized by law to pass judgment.  The school board may on its 
 own motion call a special election to vote on any matter 
 requiring approval of the voters of a district.  Upon petition 
 of 50 or more voters of the school district or five percent of 
 the number of voters voting at the preceding regular school 
 district election, the school board shall by resolution call a 
 special election to vote on any matter requiring approval of the 
 voters of a district.  A question is carried only with the 
 majority in its favor required by law.  The election officials 
 for a special election are the same as for the most recent 
 school district general election unless changed according to 
 law.  Otherwise, special elections must be conducted and the 
 returns made in the manner provided for the school district 
 general election.  A special election may not be held during the 
 30 days before and the 30 days after the state primary, during 
 the 30 days before and the 40 days after the state general 
 election, or on the second Tuesday in December.  In addition, a 
 special election may not be held during the 20 days before and 
 the 20 days after any regularly scheduled election of a 
 municipality wholly or partially within the school district.  
 Notwithstanding any other law to the contrary, the time period 
 in which a special election must be conducted under any other 
 law may be extended by the school board to conform with the 
 requirements of this subdivision. 

    Subd. 2.    Vacancies in school district offices.  
 Special elections shall be held in school districts in 
 conjunction with school district primary and general elections 
 to fill vacancies in elective school district offices.  

    HIST: 1987 c 266 art 1 s 52; 1990 c 453 s 12; 1993 c 375 art 7 
 s 8; 1997 c 147 s 45 

     205A.06 Candidates, filing. 

    Subdivision 1.    Affidavit of candidacy.  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. 

    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. 

    Subd. 2.    Notice of filing dates.  At least two weeks 
 before the first day to file affidavits of candidacy, the school 
 district clerk shall publish a notice in the official newspaper 
 stating the first and last dates on which affidavits of 
 candidacy may be filed in the clerk's office and the closing 
 time for filing on the last day for filing.  The clerk shall 
 post a similar notice in the administrative offices of the 
 school district at least ten days before the first day to file 
 affidavits of candidacy. 

    Subd. 3.    Filing fees.  The filing fee for a school 
 district office is $2. 

    Subd. 4.    Petition in place of fees.  A candidate for 
 school district office may file a petition in place of the 
 filing fees in subdivision 3.  The petition must meet the 
 requirements of section 204B.11, subdivision 2. 

    Subd. 5.    Withdrawal.  A candidate for a school 
 district elective office may withdraw from the election by 
 filing an affidavit of withdrawal with the school district clerk 
 by 12:00 noon of the day after the last day for filing 
 affidavits of candidacy.  After that date, no candidate may file 
 an affidavit of withdrawal.  

    HIST: 1987 c 266 art 1 s 53; 1994 c 646 s 19,20 

     205A.07 Notice. 

    Subdivision 1.    Publication and posting.  The clerk of 
 a school district shall give two weeks' published notice and 
 give ten days' posted notice of a school district primary, 
 general, or special 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 
 primary, general, or special election.  The notice shall be 
 posted in the administrative offices of the school district for 
 public inspection. 

    Subd. 2.    Sample ballot, posting.  For every school 
 district primary, general, or special election, the school 
 district clerk shall at least four days before the primary, 
 general, or special election, post a sample ballot in the 
 administrative offices of the school district for public 
 inspection, and shall post a sample ballot in each polling place 
 on election day. 

    Subd. 3.    Notice to auditor.  At least 45 days prior 
 to every school district election, the school district clerk 
 shall provide a written notice to the county auditor of each 
 county in which the school district is located.  The notice must 
 include the date of the election and the offices and questions 
 to be voted on at the election.  For the purposes of meeting the 
 timelines of this section, in a bond election, a notice, 
 including a proposed question, may be provided to the county 
 auditor prior to receipt of a review and comment from the 
 commissioner of children, families, and learning and prior to 
 actual initiation of the election. 

    Subd. 4.    No additional posting requirements.  A 
 school district is only required to comply with the election 
 posting requirements specified in the Minnesota Election Law and 
 the education code and is not required to comply with additional 
 posting requirements specified in any other law. 

    HIST: 1987 c 266 art 1 s 54; 1989 c 291 art 1 s 21; 1990 c 453 
 s 13; 1991 c 227 s 23; 1Sp1995 c 3 art 16 s 13 

     205A.08 Ballots. 

    Subdivision 1.    Buff ballot.  The names of all 
 candidates for offices to be voted on at a school district 
 general election must be placed on a single ballot printed on 
 buff paper and known as the "buff ballot."  

    Subd. 2.    Primary ballots.  The school district 
 primary ballot must conform as far as practicable with the 
 school district general election ballot except that no blank 
 spaces may be provided for writing in the names of candidates.  

    Subd. 3.    Vacancies.  The names of candidates to fill 
 vacancies at a school district special election held in 
 conjunction with the primary or general election must be placed 
 on the school district primary and general election ballots.  
 The names of candidates to fill a vacancy in the office of 
 school board member in a school district must be listed under 
 the separate heading "Special election for school board member 
 to fill vacancy in term expiring ........," with the date of 
 expiration of the term and any other information necessary to 
 distinguish the office. 

    Subd. 4.    Goldenrod ballots; questions.  All questions 
 relating to a proposition for the issuance of bonds, and all 
 other questions relating to school district affairs submitted at 
 an election to the voters of the school district, shall be 
 printed on one separate goldenrod ballot and shall be prepared, 
 printed, and distributed under the direction of the school 
 district clerk at the same time and in the same manner as other 
 school district ballots.  The ballots, when voted, shall be 
 deposited in a separate goldenrod 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 
 school district ballots.  The returns shall provide appropriate 
 blank spaces for the counting, canvassing, and return of the 
 results of the questions submitted on the goldenrod ballot. 

    Subd. 5.    Form of ballot.  The ballots for school 
 district elections must be prepared by the school district clerk 
 in the manner provided in the rules of the secretary of state. 

    HIST: 1987 c 266 art 1 s 55; 1997 c 147 s 46 

     205A.09 Voting hours. 

    Subdivision 1.    Metropolitan area school districts.  
 At a school district election in a school district located in 
 whole or in part within a metropolitan county as defined by 
 section 473.121, the school board, by resolution adopted before 
 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 later school district elections.  The polling 
 places must open no later than 10:00 a.m. and close no earlier 
 than 8:00 p.m.  The resolution shall remain in force until it is 
 revoked by the school board. 

    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 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.  

    HIST: 1987 c 266 art 1 s 56; 1990 c 453 s 14; 1994 c 646 s 21 

     205A.10 Procedure. 

    Subdivision 1.    Materials, ballots.  The school 
 district clerk shall prepare and have printed the necessary 
 election materials, including ballots, for a school district 
 election.  The name of each candidate for office shall be 
 rotated with the names of the other candidates for the same 
 office so that the name of each candidate appears substantially 
 an equal number of times at the top, at the bottom, and at each 
 intermediate place in the group of candidates for that office. 

    Subd. 2.    Election, conduct.  A school district 
 election must be by secret ballot and must be held and the 
 returns made in the manner provided for the state general 
 election, as far as practicable.  The vote totals from an 
 absentee ballot board established pursuant to section 203B.13 
 may be tabulated and reported by the school district as a whole 
 rather than by precinct.  For school district elections not held 
 in conjunction with a statewide election, the school board shall 
 appoint election judges as provided in section 204B.21, 
 subdivision 2.  The provisions of sections 204B.19, subdivision 
 5; 204C.15; 204C.19; 206.64, subdivision 2; 206.83; and 206.86, 
 subdivision 2, relating to party balance in appointment of 
 judges and to duties to be performed by judges of different 
 major political parties do not apply to school district 
 elections not held in conjunction with a statewide election. 

    Subd. 3.    Canvass of returns, certificate of election, 
 ballots, disposition.  Within seven days after a school 
 district election other than a recount of a special election 
 conducted under section 126C.17, subdivision 9, or 475.59, the 
 school board shall canvass the returns and declare the results 
 of the election.  After the time for contesting elections has 
 passed, the school district clerk shall issue a certificate of 
 election to each successful candidate.  If there is a contest, 
 the certificate of election to that office must not be issued 
 until the outcome of the contest has been determined by the 
 proper court.  If there is a tie vote, the school board shall 
 determine the result by lot.  The clerk shall deliver the 
 certificate of election to the successful candidate by personal 
 service or certified mail.  The successful candidate shall file 
 an acceptance and oath of office in writing with the clerk 
 within 30 days of the date of mailing or personal service.  A 
 person who fails to qualify prior to the time specified shall be 
 deemed to have refused to serve, but that filing may be made at 
 any time before action to fill the vacancy has been taken.  The 
 school district clerk shall certify the results of the election 
 to the county auditor, and the clerk shall be the final 
 custodian of the ballots and the returns of the election. 

    A school district canvassing board shall perform the duties 
 of the school board according to the requirements of this 
 subdivision for a recount of a special election conducted under 
 section 126C.17, subdivision 9, or 475.59.  

    Subd. 4.    Recount.  A losing candidate at a school 
 district election may request a recount of the votes for that 
 office subject to the requirements of section 204C.36. 

    Subd. 5.    School district canvassing board.  For the 
 purpose of a recount of a special election conducted under 
 section 126C.17, subdivision 9, or 475.59, the school district 
 canvassing board shall consist of one member of the school board 
 other than the clerk, selected by the board, the clerk of the 
 school board, the county auditor of the county in which the 
 greatest number of school district residents reside, the court 
 administrator of the district court of the judicial district in 
 which the greatest number of school district residents reside, 
 and the mayor or chair of the town board of the school 
 district's most populous municipality.  Any member of the 
 canvassing board may appoint a designee to appear at the meeting 
 of the board, except that no designee may be a candidate for 
 public office.  If one of the individuals fails to appear at the 
 meeting of the canvassing board, the county auditor shall 
 appoint an eligible voter of the school district, who must not 
 be a member of the school board, to fill the vacancy.  Not more 
 than two school board members shall serve on the canvassing 
 board at one time.  Four members constitute a quorum.  

    The school board shall serve as the school district 
 canvassing board for the election of school board members. 

    HIST: 1987 c 266 art 1 s 57; 1989 c 291 art 1 s 22-24; 1990 c 
 453 s 15,16; 1992 c 499 art 12 s 23; 1998 c 254 art 1 s 63; 1998 
 c 397 art 11 s 3 

     205A.11 Precincts; polling places. 

    Subdivision 1.    Established precincts.  School 
 district elections must be conducted in the precincts, or when 
 the school district boundary divides a precinct, parts of 
 precincts that have been established by the county or municipal 
 governing bodies as provided in section 204B.14.  If an election 
 other than the school district election is being held in any 
 part of a precinct, all the voters of the precinct must vote at 
 the polling place designated for the precinct as provided in 
 section 204B.14.  

    Subd. 2.    Combined polling place.  When no other 
 election is being held in two or more precincts on the day of a 
 school district election, the school board may designate one or 
 more combined polling places at which the voters in those 
 precincts may vote in the school district election.  

    Subd. 2a.    Notice of special elections.  The school 
 district clerk shall prepare a notice to the voters who will be 
 voting in a combined polling place for a school district special 
 election.  The notice must include the following information:  
 the date of the election, the hours of voting and the location 
 of the voter's polling place.  The notice must be sent by 
 nonforwardable mail to every affected household in the school 
 district with at least one registered voter.  The notice must be 
 mailed no later than 14 days before the election.  The mailed 
 notice is not required for a school district special election 
 that is held on the day of the school district primary or 
 general election, the Tuesday following the second Monday in 
 September, the Tuesday following the first Monday in November, 
 or for a special election conducted entirely by mail.  In 
 addition, the mailed notice is not required for voters residing 
 in a township if the school district special election is held on 
 the second Tuesday in March and the town general election is 
 held on that day.  A notice that is returned as undeliverable 
 must be forwarded immediately to the county auditor. 

    Subd. 3.    Procedure.  The school board must notify the 
 county auditor within 30 days after the establishment of a 
 polling place as provided in this section.  The notice must 
 include a list of the precincts that will be voting at each 
 polling place.  The school board must send the notice required 
 by section 204B.16, subdivision 1a, after a polling place is 
 established as provided in this section, but no additional 
 notices of this kind are required for any subsequent similar 
 elections until the location of the polling place or the 
 combination of precincts voting at the polling place is 
 changed.  The secretary of state shall provide a single polling 
 place roster for use in any polling place established as 
 provided in this section.  A single set of election judges must 
 be appointed to serve in the polling place.  The number of 
 election judges required must be based on the total number of 
 persons voting at the last similar election in all the precincts 
 to be voting at the single polling place.  A single ballot box 
 may be provided for all the ballots. 

    HIST: 1987 c 266 art 1 s 58; 1990 c 453 s 17; 1994 c 607 s 6; 
 1995 c 8 s 7,8 

     205A.12 School board election districts. 

    Subdivision 1.    General provisions.  Any independent 
 school district may alter its organization into separate 
 election districts for the purpose of election of board members 
 by following the procedures in this section. 

    Subd. 2.    Election.  Except in a school district 
 located wholly or partly within a city of the first class, upon 
 resolution of the board, made on its own motion or on 
 presentation of a petition substantially in the form required in 
 section 205A.13, signed by at least 50 electors of the district 
 or ten percent of the number of votes cast in the most recent 
 regular school board election, whichever is larger, the board 
 shall adopt a proposal to divide the district into separate 
 election districts.  The proposal must designate one of the 
 following options for election of members:  single-member 
 districts, from which one board member each must be elected; 
 multimember districts, from which two or three members each must 
 be elected; a combination of single-member and multimember 
 districts; or a combination of single-member or multimember 
 districts, or both, and election of one or more members at 
 large.  The proposal must be submitted to an election under this 
 chapter.  If the election is initiated by petition, the 
 resolution calling the election must be adopted within six 
 months after the date of receipt of the petition.  Only one 
 election within any two-year period may be held under this 
 section. 

    Subd. 3.    Ballot question.  The question presented at 
 the special election shall be:  "Shall the school district be 
 reorganized into election districts with boundaries as 
 established in Resolution No. .... of the school board, dated 
 ..........? 

                                    Yes .......
                                    No ........"

    Subd. 4.    Election district boundaries.  Each proposed 
 election district must be as equal in population as practicable 
 and must be composed of compact, contiguous territory.  The 
 district may utilize the most recent federal decennial census 
 figures available or may conduct a special census for this 
 purpose.  The board shall designate each election district by 
 number. 

    Subd. 5.    Board elections.  If the proposal for the 
 establishment of election districts is approved by the voters, 
 the board shall specify the election districts from which 
 vacancies shall be filled as they occur until such time as each 
 board member represents an election district.  A candidate for 
 school board in a subsequent election must file an affidavit of 
 candidacy to be elected as a school board member for the 
 election district in which the candidate resides.  If there are 
 as many election districts as there are members of the board, 
 one and only one member of the board shall be elected from each 
 election district.  In school districts where one or more board 
 members are elected by election districts, candidates must 
 indicate on the affidavit of candidacy the number of the 
 district from which they seek election or, if appropriate, that 
 they seek election from one of the offices elected at large.  If 
 the election districts have two or three members each, the terms 
 of the members must be staggered.  Each board member must be a 
 resident of the election district for which elected but the 
 creation of an election district or a change in election 
 district boundaries shall not disqualify a board member from 
 serving for the remainder of a term. 

    Subd. 6.    Redefining election district boundaries.  
 The school board may by resolution redefine district boundaries 
 after a school district general election.  The board shall hold 
 a public hearing on the proposed resolution before its 
 adoption.  One week's published notice of the hearing must be 
 given.  After the official certification of the federal 
 decennial or special census, the school board shall either 
 confirm the existing election district boundaries as conforming 
 to the standards of subdivision 4 or redefine election district 
 boundaries to conform to those standards as provided in section 
 204B.135, subdivision 2.  If the school board fails to take 
 either action within the time required, no further compensation 
 may be paid to the school board members until the districts are 
 either reconfirmed or redefined as required by this section.  A 
 resolution establishing election district boundaries pursuant to 
 section 204B.135, subdivision 2, becomes effective on the date 
 of the state primary election in the year ending in two.  
 Election district boundaries established at other times become 
 effective 90 days after the adoption of the resolution. 

    Subd. 7.    Dissolution of election districts.  The 
 governing body of a school district that enters into a 
 consolidation or cooperation and combination agreement may, by 
 resolution, dissolve election districts previously established 
 as provided in this section as part of the consolidation or 
 cooperation and combination plan.  The resolution must include a 
 plan for the orderly transition to at-large elections of school 
 board members. 

    HIST: 1987 c 266 art 1 s 59; 1991 c 349 s 39; 1995 c 8 s 9; 
 1996 c 394 s 3,4 

     205A.13 Requirements for petitions. 

    Any petition to a school board authorized in this chapter 
 or sections 126C.17, 126C.40, 126C.41 to 126C.48, and 124D.22, 
 or any other law which requires the board to submit an issue to 
 referendum or election, shall meet the following requirements to 
 be valid.  

    (1) Each page of the petition shall contain a heading at 
 its top which specifies the particular action the board is being 
 petitioned to take.  The signatures on any page which does not 
 contain such a heading shall all be invalidated.  All pages of 
 the petition shall be assembled and filed with the board as a 
 single instrument.  

    (2) Each page of the petition shall contain an 
 authentication signed by the circulator of the petition 
 specifying as follows:  

    "I personally have circulated this page of the petition.  
 All signatures were made in my presence.  I believe that the 
 signers signed their own names and that each person who has 
 signed is eligible to vote in a school district election 
 according to Minnesota Election Law.  

    Signed:  ................................ Signature of 
 Petition Circulator 

    Date:  ................................." 

    The signatures on any page which does not contain such an 
 authentication shall all be invalidated.  

    (3) Signers of the petition shall personally sign their own 
 names in ink or indelible pencil and shall indicate after the 
 name the place of residence by street and number, or other 
 description sufficient to identify the place.  Except as 
 provided in clause (4), any signature which does not meet these 
 requirements shall be invalidated.  

    (4) Individuals who are unable to write their names shall 
 be required to make their marks on the petition.  The circulator 
 of the petition shall certify the mark by signing the 
 individual's name and address and shall thereafter print the 
 phrase "mark certified by petition circulator."  

    (5) A petition, to be valid, must contain the minimum 
 number of valid signatures of eligible voters specified in the 
 law authorizing the petition and election.  

    HIST: 1987 c 266 art 1 s 60; 1991 c 130 s 37; 1992 c 499 art 
 12 s 29; 1996 c 305 art 1 s 55; 1998 c 397 art 11 s 3