2004 Minnesota Statutes

CHAPTER 372. Changing county seats

     372.01 Petition. 

    When a petition is presented to the auditor of any county 
 in the following form:  "To the county board of the county of 
 ......................, Minnesota:  The undersigned legal voters 
 of this county request that the county seat be changed to (here 
 designate the place)," signed by at least 60 percent of those 
 voting in the county at the last preceding general election, 
 accompanied by affidavits of at least two of the signers stating 
 that 

    (a) the petition signatures are genuine, 

    (b) they were signed within 60 days before the date of the 
 affidavits, and 

    (c) when signing the petition the petitioners were legal 
 voters of the county, 

 and the notice of intention to circulate the petition under 
 section 372.02 was given, the auditor shall immediately file the 
 petition and affidavits, and make, seal, and file in the 
 auditor's office an order for a special meeting of the county 
 board to consider the petition.  The order shall specify the 
 time of the meeting, which shall be between 9:00 a.m. and 5:00 
 p.m., and at least 15 but not more than 20 days after the 
 filing.  The auditor shall also serve a copy of the order upon 
 each member of the board, personally or by mail, at least five 
 days before the meeting.  

    HIST: (625) RL s 396; 1985 c 109 s 3 

     372.02 Form of notice. 

    When the order is filed the auditor shall make, seal, 
 subscribe, and file in the auditor's office a notice in the 
 following form:  "To the legal voters of the county of (here 
 name the county), Minnesota:  Notice is given that a petition is 
 on file in my office, signed by legal voters of the county to 
 the number of (here state number as shown by the petition and 
 affidavits), requesting that the county seat of the county be 
 changed to (here designate the place), and that a special 
 meeting of the county board will be held at (name the place of 
 meeting), on the (state time), to consider the petition, at 
 which time and place any legal voter of the county may appear, 
 in person or by counsel, and be heard."  The auditor shall have 
 ten days' posted notice of the meeting given in each town.  
 Proof of posting may be by the affidavit of any person having 
 personal knowledge of the posting.  The affidavit shall be filed 
 in the auditor's office and is prima facie evidence that the 
 notice was posted.  Two weeks' posted notice of the intention to 
 circulate the petition must be given at the county seat.  Proof 
 of the posting shall be made in the same manner as notice of the 
 special meeting of the board.  

    HIST: (626) RL s 397; 1984 c 543 s 35; 1985 c 109 s 3 

     372.03 Duties of county board. 

    At the time and place specified in the notice, proof of its 
 service having been filed, the county board shall meet to act on 
 the petition.  The board shall inquire and determine if any of 
 the petition signatures are not genuine; the signers were not, 
 at the time of signing legal voters of the county; the 
 signatures were not attached within 60 days before the filing; 
 and if any of the signatures have been withdrawn.  All such 
 signatures shall be stricken from the petition and deducted from 
 the count, and a list, certified by the board, shall be filed 
 with the auditor.  Any competent evidence offered bearing upon 
 the matters committed to the determination of the board shall be 
 received; and any voter of the county may appear, in person or 
 by counsel, and be heard in respect to these matters, under 
 reasonable rules as the board may prescribe.  

    HIST: (627) RL s 398; 1985 c 109 s 3 

     372.04 Order setting time of election. 

    If the names of at least 60 percent of those voting at the 
 last preceding general election remain on the petition, the 
 auditor, after filing the certificate, shall make, under 
 official seal, and file in the auditor's office, an order 
 setting the time for a special election upon the question of 
 changing the county seat to the place designated in the 
 petition, at least 20 but not more than 30 days after filing the 
 certificate.  

    HIST: (628) RL s 399; 1985 c 109 s 3 

     372.05 Notice; manner of service. 

    When the order is filed, the auditor shall have two weeks' 
 published notice of the election given in all the newspapers in 
 the county, and ten days' posted notice in each town.  The 
 notice must be substantially in the following form:  "To the 
 legal voters of the county of (here name the county), 
 Minnesota:  Notice is given that a special election will be held 
 in the election districts in the county on the (here insert the 
 time), to vote upon the question of changing the county seat of 
 the county to (here designate the place)."  The auditor shall 
 serve the clerk of each town and city in the county personally 
 or by mail a copy of the notice, at least 15 days before the 
 election.  

    HIST: (629) RL s 400; 1973 c 123 art 5 s 7; 1985 c 109 s 3 

     372.06 Place of election; notice. 

    When the notice is received, every clerk shall have ten 
 days' posted notice of the election given in each election 
 district in the town, substantially in the following form:  "To 
 the legal voters of the (here insert specifically the election 
 district), in the county of (here name county), Minnesota:  
 Notice is given that a special election will be held at (here 
 specify the place), in the election district, on the (here 
 insert the time), to vote upon the question of changing the 
 county seat of the county to (here designate the place)."  The 
 clerk shall file one copy of the notice, with proof of the 
 posting, in the clerk's office.  

    HIST: (630) RL s 401; 1985 c 109 s 3 

     372.07 Conduct of election. 

    As far as practicable the election shall be conducted, and 
 the votes cast, counted, returned, and canvassed, by the same 
 officials and under the same provisions of law as in the case of 
 general elections.  The polls shall be opened at 7:00 a.m. and 
 closed at 8:00 p.m.  The ballots shall include the words:  "For 
 changing the county seat to (here name the place).  Yes.  No," 
 with a square opposite each of the words "yes" and "no," in 
 which the voter may make a cross to indicate the voter's choice. 

    HIST: (631) RL s 402; 1985 c 109 s 3; 2004 c 158 s 1 

     372.08 Canvass; certificate of canvassing board. 

    When the canvass is completed the canvassing board shall 
 immediately make, subscribe, and file with the auditor a 
 certificate stating the total number of votes cast at the 
 election; the number cast in each election district in favor of 
 and against the change; the majority in each district for or 
 against the change; the number cast in favor of and against the 
 change in the county; and the majority in the county for or 
 against the change.  If 55 percent of all the votes cast at the 
 election are in favor of the change, the board shall set a date 
 at least 60 but not more than 90 days after the election to 
 change the county seat.  

    HIST: (632) RL s 403; 1984 c 543 s 36; 1985 c 109 s 3 

     372.09 Elections held only once in five years. 

    When an election for a change of county seat has been held 
 in any county, a subsequent election for the removal of the 
 county seat shall not be held, notice of intention to circulate 
 a petition for a change shall not be published or posted, and a 
 petition shall not be circulated, for the next five years.  A 
 subsequent election shall not be ordered unless the petition for 
 the change is signed by 60 percent of those voting in the county 
 at the last preceding general election.  

    HIST: (633) RL s 404; 1985 c 109 s 3 

     372.10 Duplicate petitions consolidated. 

    When two or more petitions are presented to the county 
 auditor substantially at the same time they shall be attached 
 together and constitute one petition.  

    HIST: (634) RL s 405; 1985 c 109 s 3 

     372.11 One place only voted for. 

    An election shall not be called or held under this chapter 
 to vote upon the question of changing any county seat to more 
 than one place at the same time and all elections shall be held 
 as far as practicable at the same place as the last preceding 
 general election. 

    HIST: (635) RL s 406; 1985 c 109 s 3 

     372.12 Failure to give notice. 

    Willful failure or refusal by an owner or manager of a 
 newspaper to publish notice required by this chapter shall not 
 affect the sufficiency of the notice, nor invalidate any of the 
 proceedings.  Failure to post notice shall be disregarded unless 
 it affirmatively appears that a sufficient number of voters were 
 prevented from voting to change the result.  

    HIST: (636) RL s 407; 1985 c 109 s 3 

     372.13 Neglect of duty a misdemeanor. 

    Any county auditor or other official who willfully neglects 
 or refuses to perform the duties required by this chapter is 
 guilty of a misdemeanor. 

    HIST: (637) RL s 408; 1985 c 109 s 3