Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 266-H.F.No. 239
An act relating to elections; providing for school
district elections to be conducted according to
Minnesota election law; appropriating money; amending
Minnesota Statutes 1986, sections 6.54; 122.22,
subdivisions 2 and 4; 122.23, subdivisions 2, 9, and
10; 122.25, subdivision 1; 123.11, subdivision 7;
123.33, subdivision 4; 123.351, subdivision 1; 123.51;
127.09; 127.11; 200.01; 200.015; 200.02, by adding a
subdivision; 201.016, subdivision 2; 201.018,
subdivision 2; 201.061, subdivisions 3 and 6; 201.071,
subdivision 3, and by adding a subdivision; 201.221,
subdivision 3; 201.27, subdivision 2; 203B.01,
subdivision 2; 203B.04, subdivision 1; 203B.05,
subdivision 2; 203B.06, subdivision 2; 203B.08,
subdivision 4; 203B.10; 203B.12, subdivision 6;
203B.13; 203B.15; 203B.19; 203B.23; 204B.02; 204B.09,
subdivision 2; 204B.16, subdivision 1; 204B.18,
subdivision 2; 204B.19, subdivision 1; 204B.25,
subdivision 1; 204B.29; 204B.31; 204B.32; 204B.34, by
adding a subdivision; 204B.35, subdivision 1; 204C.02;
204C.06, subdivision 2; 204C.07, subdivision 3;
204C.08, subdivision 4; 204C.19, subdivision 2;
204C.20, subdivision 4; 204C.24, subdivision 2;
204C.25; 204C.26, subdivisions 2 and 3; 204C.27;
204C.28, by adding a subdivision; 204C.29, subdivision
1; 204C.36; 206.56, by adding a subdivision; 206.58,
subdivision 2; 209.02; 209.021, subdivision 3;
210A.01, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapter 206; proposing coding
for new law as Minnesota Statutes, chapter 205A;
repealing Minnesota Statutes 1986, sections 123.015;
123.32; and 201.095.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTION LAWS
Section 1. Minnesota Statutes 1986, section 200.01, is
amended to read:
200.01 [CITATION, MINNESOTA ELECTION LAW.]
This chapter and chapters 201, 202A, 203B, 204B, 204C,
204D, 205, sections 48 to 60, 206, 208, 209 and 210A shall be
known as the Minnesota election law.
Sec. 2. Minnesota Statutes 1986, section 200.015, is
amended to read:
200.015 [SCHOOL DISTRICT ELECTIONS EXCLUDED APPLICATION.]
This chapter and chapters 201, 202A, 203B, 204B, 204C,
204D, 205, 206, 208, 209 and 210A do not apply The Minnesota
election law applies to school district all elections held in
this state unless otherwise specifically provided by law.
Sec. 3. Minnesota Statutes 1986, section 200.02, is
amended by adding a subdivision to read:
Subd. 19. [SCHOOL DISTRICT.] "School district" means an
independent, special, or county school district.
Sec. 4. Minnesota Statutes 1986, section 201.016,
subdivision 2, is amended to read:
Subd. 2. [DURATION OF RESIDENCE.] The governing body of
any city by resolution may require an eligible voter to maintain
residence in a precinct for a period of 30 days prior to voting
on any question affecting only that precinct or voting to elect
public officials representing only that precinct. The governing
body of any town by resolution may require an eligible voter to
maintain residence in that town for a period of 30 days prior to
voting in a town election. The school board of any school
district by resolution may require an eligible voter to maintain
residence in that school district for a period of 30 days prior
to voting in a school district election.
Sec. 5. Minnesota Statutes 1986, section 201.018,
subdivision 2, is amended to read:
Subd. 2. [REGISTRATION REQUIRED.] An eligible voter must
register in a manner specified by section 201.054, in order to
vote in any primary, special primary, general, school district,
or special election held in the county. An eligible voter who
maintains residence in a school district which uses the county
voter registration system as authorized by section 201.095, must
register in a manner specified by section 201.054, in order to
vote in any school election held in that district.
Sec. 6. Minnesota Statutes 1986, section 201.061,
subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is
eligible to vote may register on election day by appearing in
person at the polling place for the precinct in which the
individual maintains residence, by completing a registration
card, making an oath in the form prescribed by the secretary of
state and providing proof of residence. An individual may prove
residence for purposes of registering by:
(1) showing a drivers license or Minnesota identification
card issued pursuant to section 171.07;
(2) showing any document approved by the secretary of state
as proper identification; or
(3) having a voter who is registered to vote in the
precinct sign an oath in the presence of the election judge
vouching that the voter personally knows that the individual is
a resident of the precinct. A voter who has been vouched for on
election day may not sign a proof of residence oath vouching for
any other individual on that election day.
A county, school district, or municipality may require that
an election judge responsible for election day registration
initial each completed registration card.
Sec. 7. Minnesota Statutes 1986, section 201.061,
subdivision 6, is amended to read:
Subd. 6. [PRECINCT MAP.] Except as otherwise provided by
this subdivision, the county auditor shall provide each precinct
with an accurate precinct map or precinct finder to assist the
election judges in determining whether an address is located in
that precinct. A county auditor may delegate this
responsibility as provided in section 201.221, subdivision 4, to
a municipal or school district clerk who prepares precinct maps
as provided in section 204B.14, subdivision 5.
Sec. 8. Minnesota Statutes 1986, section 201.071,
subdivision 3, is amended to read:
Subd. 3. [DEFICIENT REGISTRATION.] No registration is
deficient if it contains the voter's name, address, date of
birth, prior registration if any and signature. The absence of
a zip code number does not cause the registration to be
deficient. The election judges shall request an individual to
correct a registration card if it is deficient or illegible or
may request the name or number of the voter's school district.
No eligible voter may be prevented from voting unless the
voter's registration card is deficient or the voter is duly and
successfully challenged in accordance with sections 201.195 or
204C.12.
A registration card accepted prior to August 1, 1983, is
not deficient for lack of date of birth. The county or
municipality may attempt to obtain the date of birth for a
registration card accepted prior to August 1, 1983, by a request
to the voter at any time except at the polling place. Failure
by the voter to comply with this request does not make the card
deficient.
Sec. 9. Minnesota Statutes 1986, section 201.071, is
amended by adding a subdivision to read:
Subd. 8. [SCHOOL DISTRICT ASSISTANCE.] School districts
shall assist county auditors in determining the school district
in which a voter resides.
Sec. 10. Minnesota Statutes 1986, section 201.221,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURES FOR DUPLICATE REGISTRATION FILE.] The
secretary of state shall prescribe the form of the duplicate
registration file so that a duplicate card contains spaces for
the voter's name, address, telephone number, school district
number, and signature, and space to indicate whether the voter
has voted in a given election. The secretary of state shall
prescribe procedures for transporting the duplicate registration
files to the election judges for use on election day.
The secretary of state shall prescribe an alternate form of
the duplicate registration file for counties and cities which
make the election authorized by section 201.071, subdivision 5.
The alternate form shall not require a duplicate card or voter's
signature. Information contained in the duplicate registration
file shall include the voter's name, address, month and day of
birth, last registration (if any), school district number, and a
record of the vote history for the previous four years of
elections. The secretary of state shall prescribe the form for
the duplicate registration file to be used on election day in
the polling place and the file shall include the name, address,
month and day of birth, school district number, and a space for
the voters to sign the file when they vote. The secretary of
state shall prescribe the form for a county or municipality to
request the day and month of birth from currently registered
voters. The county or municipality shall not request the day
and month of birth from currently registered voters by any
communication other than the prescribed form and the form shall
clearly indicate that a currently registered voter does not lose
registration status by failing to provide the day and month of
birth. The secretary of state shall prescribe procedures for
transporting the duplicate registration files to the judges on
election day. In accordance with section 204B.40, the county
auditor and the clerk of any municipality shall retain the
prescribed duplicate registration file used on the date of
election for one year following the election.
Sec. 11. Minnesota Statutes 1986, section 201.27,
subdivision 2, is amended to read:
Subd. 2. [KNOWLEDGE OF VIOLATION.] A deputy, clerk,
employee or other subordinate of a county auditor or
municipal or school district clerk who has knowledge or reason
to believe that a violation of this chapter has occurred shall
immediately transmit a report of the knowledge or belief to the
county auditor or municipal or school district clerk, together
with any possessed evidence of the violation. Any county
auditor or municipal or school district clerk who has knowledge
or reason to believe that a violation of this chapter has
occurred shall immediately transmit a report of the knowledge or
belief to the county attorney of the county where the violation
is thought to have occurred, together with any possessed
evidence of the violation. The county auditor or municipal or
school district clerk shall also immediately send a copy of the
report to the secretary of state. A violation of this
subdivision is a misdemeanor.
Sec. 12. Minnesota Statutes 1986, section 203B.01,
subdivision 2, is amended to read:
Subd. 2. [MUNICIPAL CLERK.] "Municipal clerk" means a
full-time town or city clerk who is authorized or required to
administer the provisions of sections 203B.04 to 203B.15, as
provided in section 203B.05. "Municipal clerk" also means clerk
of the school district who is authorized or required to
administer the provisions of sections 203B.04 to 203B.15, as
provided in section 203B.05 for a school district election not
held on the same day as a statewide election.
Sec. 13. Minnesota Statutes 1986, section 203B.04,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as
otherwise allowed by subdivision 2, an application for absentee
ballots for any election may be submitted at any time not less
than one day before the day of that election. An application
submitted pursuant to this subdivision shall be in writing and
shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school
district if applicable, where the applicant maintains residence.
An application shall be accepted if it is signed and dated
by the applicant, contains the applicant's residence and mailing
addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section
203B.02.
Sec. 14. Minnesota Statutes 1986, section 203B.05,
subdivision 2, is amended to read:
Subd. 2. [CITY, SCHOOL DISTRICT, AND TOWN ELECTIONS.] For
city elections not held on the same day as a statewide election,
for school district elections not held on the same day as a
statewide election, and for town elections conducted under the
Australian ballot system, applications for absentee ballots
shall be filed with the city, school district, or town clerk and
the duties prescribed by this chapter for the county auditor
shall be performed by the city, school district, or town clerk
unless the county auditor agrees to perform those duties on
behalf of the city, school district, or town clerk. The costs
incurred to provide absentee ballots and perform the duties
prescribed by this subdivision shall be paid by the city or,
town, or school district holding the election.
Sec. 15. Minnesota Statutes 1986, section 203B.06,
subdivision 2, is amended to read:
Subd. 2. [APPLICATIONS TO WRONG OFFICIAL.] If for any
reason an application for absentee ballots is submitted to the
wrong county auditor or city or town municipal clerk, that
official shall promptly forward it to the proper county auditor
or municipal clerk.
Sec. 16. Minnesota Statutes 1986, section 203B.08,
subdivision 4, is amended to read:
Subd. 4. [RULES.] The secretary of state shall adopt rules
establishing procedures to be followed by county auditors
and town and city municipal clerks to assure accurate and timely
return of absentee ballots. The rules of the secretary of state
may authorize procedures and methods of return in addition to
those specified in this section.
Sec. 17. Minnesota Statutes 1986, section 203B.10, is
amended to read:
203B.10 [DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
ELECTION JUDGES.]
On the day before an election:
(a) The county auditor shall deliver to the town and city
municipal clerks within that county the applications for
absentee ballots theretofore received and endorsed as provided
in section 203B.06, subdivision 5; and
(b) The town and city municipal clerks shall deliver the
applications received from the county auditor and the
applications for absentee ballots filed with their respective
offices and endorsed as provided in section 203B.06, subdivision
5, to the appropriate election judges. Applications received on
election day pursuant to section 203B.04, subdivision 2, shall
be promptly delivered to the election judges in the precincts or
to the judges of an absentee ballot counting board.
Sec. 18. Minnesota Statutes 1986, section 203B.12,
subdivision 6, is amended to read:
Subd. 6. [EXCEPTION FOR MUNICIPALITIES OR SCHOOL DISTRICTS
WITH ABSENTEE BALLOT COUNTING BOARDS.] In municipalities or
school districts with an absentee ballot counting board, the
election judges in each precinct shall receive and process
return envelopes and ballot envelopes as provided in this
section except that the ballot envelopes from return envelopes
marked "Accepted" shall be delivered in an absentee ballot
container to the absentee ballot counting board for the counting
of ballots as soon as possible after processing. Other law to
the contrary notwithstanding, the governing body of a
municipality or the school board of a school district with an
absentee ballot precinct may authorize the judges of the
absentee ballot precinct to validate ballots in the manner
provided in this section. The vote totals provided by the
absentee ballot counting board shall be included in the vote
totals on the summary statements of the returns for the precinct
in which they were received.
Sec. 19. Minnesota Statutes 1986, section 203B.13, is
amended to read:
203B.13 [ABSENTEE BALLOT COUNTING BOARDS.]
Subdivision 1. [ESTABLISHMENT.] The governing body of any
municipality may by ordinance, or the school board of any school
district may by resolution, authorize an absentee ballot
counting board for the purpose of counting all absentee ballots
cast in that municipality or school district. The board shall
consist of a sufficient number of election judges appointed as
provided in sections 204B.19 to 204B.22.
Subd. 2. [DUTIES.] The absentee ballot counting board
shall:
(a) Receive from each precinct in the municipality or
school district all ballot envelopes marked "Accepted" by the
election judges; provided that the governing body of a
municipality or the school board of a school district may
authorize the board to examine all return absentee ballot
envelopes and receive or reject absentee ballots in the manner
provided in section 203B.12;
(b) Open and count the absentee ballots, tabulating the
vote in a manner that indicates each vote of the absentee voter
and the total absentee vote cast for each candidate or question
in each precinct; and
(c) Report the vote totals tabulated for each precinct.
Subd. 3. [COMPENSATION OF MEMBERS.] The city or town
municipal clerk shall pay a reasonable compensation to each
member of the absentee ballot counting board for services
rendered during each election.
Subd. 3a. [DUPLICATE REGISTRATION FILES.] If the election
judges of an absentee ballot counting board are authorized to
receive, examine, and validate absentee ballots, the county
auditor or city municipal clerk shall remove from the duplicate
registration files the cards of all persons who have applied for
absentee ballots at the election and deliver them to the
election judges of the absentee ballot counting board along with
the applications for absentee ballots. When a duplicate
registration card has been removed from the file for this
purpose it shall be replaced with a notification to the election
judges that the voter's card has been removed and directing them
to contact the election judges of the absentee ballot counting
board if that voter should appear at the polling place for the
purpose of voting in person. If contacted by the judges of the
precinct, the election judges of the absentee ballot counting
board shall examine the duplicate registration card of the voter
to determine if an absentee ballot has been cast. They shall
notify the precinct election judges of their findings and, if
the absentee ballot has not yet been cast, the voter shall be
allowed to vote in person. The election judges of the absentee
ballot counting board shall make a notation on the duplicate
registration card that the voter has voted and no absentee
ballot shall be counted for that voter.
Subd. 4. [APPLICABLE LAWS.] Except as otherwise provided
by this section, all of the laws applicable to absentee ballots
and absentee voters and all other provisions of the Minnesota
election law shall apply to an absentee ballot counting board.
Sec. 20. Minnesota Statutes 1986, section 203B.15, is
amended to read:
203B.15 [ADMINISTRATIVE EXPENSES.]
Each county shall pay the expenses incurred by its county
auditor and each municipality or school district shall pay the
expenses incurred by its clerk for administering the provisions
of sections 203B.04 to 203B.15.
Sec. 21. Minnesota Statutes 1986, section 203B.19, is
amended to read:
203B.19 [RECORDING APPLICATIONS.]
Upon accepting an application, the county auditor shall
record in a permanent register the voter's name, address of
present or former residence in Minnesota, mailing
address, school district number, and the category under section
203B.16, to which the voter belongs. After recording this
information, the county auditor shall retain the application for
two years after the date of the next general election. A voter
whose name is recorded as provided in this section shall not be
required to register under any other provision of law in order
to vote under sections 203B.16 to 203B.27.
Sec. 22. Minnesota Statutes 1986, section 203B.23, is
amended to read:
203B.23 [APPLICATION RECORDS; DELIVERY TO ELECTION JUDGES.]
When election materials are transmitted to the town and
city municipal clerks as provided in section 204B.28,
subdivision 2, the county auditor shall also transmit a
certified copy of the record of applications compiled as
provided in section 203B.19, for absentee ballots to be cast at
that election in that town, school district, or city. A
certified copy of the record of additional applications received
by the county auditor after the ballots have been delivered
shall also be delivered to the appropriate town or
city municipal clerk. Each town and city municipal clerk shall
in turn deliver to the election judges in the appropriate
precincts the application records received from the county
auditor.
Sec. 23. Minnesota Statutes 1986, section 204B.02, is
amended to read:
204B.02 [APPLICATION.]
This chapter applies to all elections held in this state,
except school district elections and except as otherwise
provided by law.
Sec. 24. Minnesota Statutes 1986, section 204B.09,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELECTIONS.] Affidavits of candidacy and
nominating petitions for city, town or other elective offices
shall be filed during the time and with the official specified
in chapter 205 or other applicable law or charter. Affidavits
of candidacy and applications filed on behalf of eligible voters
for school board office shall be filed during the time and with
the official specified in chapter 205A or other applicable law.
Sec. 25. Minnesota Statutes 1986, section 204B.16,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LOCATION.] The governing body
of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution
a polling place for each election precinct. Polling places must
be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a
school district and municipal election held on the same day.
The polling place for a precinct in a municipality shall be
located within the boundaries of the precinct or within 1,500
feet of one of those boundaries unless a single polling place is
designated for a city pursuant to subdivision 2. The polling
place for a precinct may be located up to 3,000 feet outside one
of the boundaries of the precinct if necessary to locate a
polling place that is accessible to and usable by elderly and
handicapped individuals as required in subdivision 5. The
polling place for a precinct in unorganized territory may be
located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available
within the town, then the polling place for a town may be
located outside the town within five miles of one of the
boundaries of the town.
Sec. 26. Minnesota Statutes 1986, section 204B.18,
subdivision 2, is amended to read:
Subd. 2. [BALLOT BOXES.] Each polling place shall be
provided with one ballot box for each kind of ballot to be cast
at the election. The boxes shall be substantially the same
color as the ballots to be deposited in them. Each box shall be
of sufficient size and shall have a sufficient opening to
receive and contain all the ballots likely to be deposited in
it. When buff or goldenrod ballot boxes are required, a
separate box must be provided for each school district for which
ballots are to be cast at that polling place. The number and
name of the school district must appear conspicuously on the top
of each buff or goldenrod ballot box.
Sec. 27. Minnesota Statutes 1986, section 204B.19,
subdivision 1, is amended to read:
Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION
JUDGES.] Any individual who is eligible to vote in an election
precinct is qualified to be appointed as an election judge for
that precinct subject to this section. If the files of the
appointing authority do not contain sufficient voters within a
precinct who are qualified and willing to serve as election
judges, election judges may be appointed who reside in another
precinct in the same municipality, or for school district
elections, in the same school district. If there are not
sufficient voters within the municipality or school district who
are qualified and willing to serve as election judges, election
judges may be appointed who reside in the county where the
precinct is located.
Sec. 28. Minnesota Statutes 1986, section 204B.25,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES OF COUNTY AUDITOR.] Each county
auditor shall provide training for all election judges who are
appointed to serve at any election to be held in the county.
The county auditor shall also provide a procedure for emergency
training of election judges elected to fill vacancies. The
county auditor may delegate to a municipal election official the
duty to provide training of election judges in that municipality
or school district.
Sec. 29. Minnesota Statutes 1986, section 204B.29, is
amended to read:
204B.29 [ELECTION JUDGES; ELECTION SUPPLIES; DUTIES.]
Subdivision 1. [SECURING ELECTION MATERIALS.] Before 9:00
p.m. on the day preceding an election, at least one election
judge from each precinct in each municipality, or school
district if applicable, shall secure voter registration files,
ballots, forms, envelopes and other required supplies from the
municipal clerk, school district clerk, or other legal
custodian. The election judge shall deliver the materials to
the polling place before the time when voting is scheduled to
begin on election day. The county auditor shall send or deliver
the election supplies enumerated in this section to the election
judges in the precincts in unorganized territory. The election
supplies may be sent by certified mail, parcel post, express
mail or any other postal service providing assured delivery by
no later than the day before the election. If the election
supplies are delivered by any other means, they shall be
delivered by no later than the day before the election.
Each precinct shall be furnished with 100 ballots of each
kind for every 85 individuals who voted in that precinct at the
last election for the same office or on similar questions, or
with ballots of each kind in an amount at least ten percent
greater than the number of votes which are reasonably expected
to be cast in that precinct in that election, whichever supply
of ballots is greater. No precinct shall be furnished with any
ballots containing the name of any candidate who cannot properly
be voted for in that precinct.
The election judges shall be responsible for the
preservation of all election materials received by them until
returned to the appropriate election officials after the voting
has ended.
Subd. 2. [FAILURE OF ELECTION JUDGES TO SECURE MATERIALS.]
If no election judge secures the election materials for a
precinct in any municipality, or school district if applicable,
as provided in subdivision 1, the municipal or school district
clerk shall deliver them to an election judge for that precinct
not later than the time when voting is scheduled to begin. The
municipal or school district clerk shall require the election
judge accepting delivery of the election supplies to sign a
receipt for them. The election judges of that precinct shall
pay the expenses of delivery of the materials and shall be
liable for the penalty provided by law for neglect of duty.
Sec. 30. Minnesota Statutes 1986, section 204B.31, is
amended to read:
204B.31 [COMPENSATION FOR ELECTION SERVICES.]
The compensation for services performed under the Minnesota
election law shall be as follows:
(a) To presidential electors from funds appropriated to the
secretary of state for this purpose, $35 for each day of
attendance at the capitol and mileage for travel to and from the
capitol in the amount allowed for state employees in accordance
with section 43A.18, subdivision 2;
(b) To individuals, other than county, city, school
district, or town employees during their normal work day, who
are appointed by the county auditor to carry ballots to or from
the county auditor's office, a sum not less than the prevailing
Minnesota minimum wage for each hour spent in carrying ballots
and mileage in the amount allowed pursuant to section 471.665,
subdivision 1;
(c) To members of county canvassing boards, a sum not less
than the prevailing Minnesota minimum wage for each hour
necessarily spent and an amount for each mile of necessary
travel equal to the amount allowed pursuant to section 471.665,
subdivision 1;
(d) To election judges serving in any city, an amount fixed
by the governing body of the city,; to election judges serving
in any school district election which is not held in conjunction
with a state election, an amount fixed by the school board of
the school district; to election judges serving in unorganized
territory, an amount fixed by the county board,; and to election
judges serving in towns, an amount fixed by the town board.
Election judges shall receive at least the prevailing Minnesota
minimum wage for each hour spent carrying out their duties at
the polling places and in attending training sessions required
by section 204B.25. An election judge who travels to pick up
election supplies or to deliver election returns to the county
auditor shall receive, in addition to other compensation
authorized by this section, a sum not less than the prevailing
Minnesota minimum wage for each hour spent performing these
duties, plus mileage in the same amount as allowed pursuant to
section 471.665, subdivision 1; and
(e) To sergeants at arms, an amount for each hour of
service performed at the direction of the election judges, fixed
in the same manner as compensation for election judges.
Sec. 31. Minnesota Statutes 1986, section 204B.32, is
amended to read:
204B.32 [ELECTION EXPENSES; PAYMENT.]
The secretary of state shall pay the compensation for
presidential electors, the cost of printing the pink paper
ballots, and all necessary expenses incurred by the secretary of
state in connection with elections. The counties shall pay the
compensation prescribed in section 204B.31, clauses (b) and (c),
the cost of printing the canary ballots, the white ballots, the
pink ballots when machines are used, the state partisan primary
ballots, and the state and county nonpartisan primary ballots,
all necessary expenses incurred by county auditors in connection
with elections, and the expenses of special county elections.
The municipalities shall pay the compensation prescribed for
election judges and sergeants at arms, the cost of printing the
municipal ballots, providing ballot boxes, providing and
equipping polling places and all necessary expenses of the
municipal clerks in connection with elections, except special
county elections. The school districts shall pay the
compensation prescribed for election judges and sergeants at
arms, the cost of printing the school district ballots,
providing ballot boxes, providing and equipping polling places
and all necessary expenses of the school district clerks in
connection with school district elections not held in
conjunction with state elections. When school district
elections are held in conjunction with state elections, the
school district shall pay the costs of printing the school
district ballots, providing ballot boxes and all necessary
expenses of the school district clerk. All disbursements under
this section shall be presented, audited, and paid as in the
case of other public expenses.
Sec. 32. Minnesota Statutes 1986, section 204B.34, is
amended by adding a subdivision to read:
Subd. 4. [SCHOOL DISTRICT ELECTIONS.] Notice of school
district elections shall be given as provided in sections 53,
subdivision 2; and 54, subdivision 1.
Sec. 33. Minnesota Statutes 1986, section 204B.35,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] All ballots for every
election, except a school district election, shall be prepared
in accordance with sections 204B.35 to 204B.44 and chapter 204D,
except for voting machine ballots or as otherwise provided by
law.
Sec. 34. Minnesota Statutes 1986, section 204C.02, is
amended to read:
204C.02 [APPLICATION.]
This chapter applies to all elections held in this state,
except school district elections and except as otherwise
provided by law.
Sec. 35. Minnesota Statutes 1986, section 204C.06,
subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE.]
Representatives of the secretary of state's office, the county
auditor's office, and the municipal or school district clerk's
office may be present at the polling place to observe election
procedures. Except for these representatives, election judges,
sergeants-at-arms, and challengers, an individual may remain
inside the polling place during voting hours only while voting
or registering to vote, providing proof of residence for an
individual who is registering to vote, or assisting a
handicapped voter or a voter who is unable to read English.
During voting hours no one except individuals receiving,
marking, or depositing ballots shall approach within six feet of
a voting booth, unless lawfully authorized to do so by an
election judge.
Sec. 36. Minnesota Statutes 1986, section 204C.07,
subdivision 3, is amended to read:
Subd. 3. [ELECTIONS ON A QUESTION.] At an election where a
question is to be voted upon, the mayor of a city, or the school
board of a school district, or the board of supervisors of a
town, upon receiving a written petition signed by at least 25
eligible voters, shall appoint by written certificate one voter
for each precinct in the municipality, or school district if
applicable, to act as a challenger of voters in the polling
place for that precinct.
Sec. 37. Minnesota Statutes 1986, section 204C.08,
subdivision 4, is amended to read:
Subd. 4. [BALLOT BOXES, BOXCAR SEALS.] The governing body
of a municipality or school district by resolution may direct
the municipal or school district clerk to furnish a boxcar seal
for each ballot box in place of a lock and key. Each seal shall
consist of a numbered metal strap with a self-locking device
securely attached to one end of the strap so that the other end
may be inserted and securely locked in the seal. No two metal
straps shall bear the same number.
Sec. 38. Minnesota Statutes 1986, section 204C.19,
subdivision 2, is amended to read:
Subd. 2. [BALLOTS; ORDER OF COUNTING.] Except as otherwise
provided in this subdivision, the ballot boxes shall be opened,
the votes counted, and the total declared one box at a time in
the following order: the white box, the pink box, the canary
box, the light green box, the blue box, the buff box, the
goldenrod box, and then the other kinds of ballots voted at the
election. If enough election judges are available to provide
counting teams of four or more election judges for each box,
more than one box may be opened and counted at the same time.
The election judges on each counting team shall be evenly
divided between the major political parties. The numbers
entered on the summary sheet shall not be considered final until
the ballots in all the boxes have been counted and corrections
have been made if ballots have been deposited in the wrong boxes.
Sec. 39. Minnesota Statutes 1986, section 204C.20,
subdivision 4, is amended to read:
Subd. 4. [BALLOTS NOT COUNTED; DISPOSITION.] When the
final count of ballots agrees with the number of ballots to be
counted, those ballots not counted shall be attached to a
certificate made by the election judges which states why the
ballots were not counted. The certificate and uncounted ballots
shall be sealed in a separate envelope and returned to the
county auditor or municipal or school district clerk from whom
they were received.
Sec. 40. Minnesota Statutes 1986, section 204C.24,
subdivision 2, is amended to read:
Subd. 2. [SEALING IN ENVELOPES.] The election judges shall
place a full set of completed summary statements in each of
three separate envelopes and seal them so that the envelopes
cannot be opened without leaving evidence that they have been
opened. The election judges shall then sign each envelope over
the sealed part so that no envelope can be opened without
disturbing the continuity of the signatures. Each of the
envelopes shall show substantially the following information on
its face:
"Summary statements of the returns of the .... election
precinct, (Town) or (City) of ....., or (School District Number)
...., in the County of ....., State of Minnesota."
Sec. 41. Minnesota Statutes 1986, section 204C.25, is
amended to read:
204C.25 [DISPOSITION OF BALLOTS.]
After the count and the summary statements have been
completed, in the presence of all the election judges, the
counted, defective and blank ballots shall be placed in
envelopes marked or printed to distinguish the color of the
ballots contained, and the envelopes shall be sealed. The
election judges shall sign each envelope over the sealed part so
that the envelope cannot be opened without disturbing the
continuity of the signatures. The number and kind of ballots in
each envelope, the name of the town or city, and the name of the
precinct shall be plainly written upon the envelopes. The
number and name of the district must be plainly written on
envelopes containing school district ballots. The spoiled
ballots shall be placed in separate envelopes and returned with
the unused ballots to the county auditor or municipal or school
district clerk from whom they were received.
Sec. 42. Minnesota Statutes 1986, section 204C.26,
subdivision 2, is amended to read:
Subd. 2. [SUMMARY STATEMENTS; CONTENTS.] The blank summary
statement forms furnished to each precinct shall identify the
precinct, ward number if any, city, school district if
applicable, or town, date, and kind of election and, under
appropriate headings identifying each color ballot, shall
contain spaces for the election judges to enter the information
required by section 204C.24, subdivision 1.
Each blank summary statement form shall also contain a
certificate to be signed by the election judges stating that the
national flag was displayed on a suitable staff during voting
hours; that all of the ballots cast were properly piled,
checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the
number of votes cast for each candidate and for and against each
question.
Sec. 43. Minnesota Statutes 1986, section 204C.26,
subdivision 3, is amended to read:
Subd. 3. [SECRETARY OF STATE.] On or before July 1 of each
even numbered year, the secretary of state shall prescribe the
form for summary statements of election returns and the methods
by which returns for the state primary and state general
election shall be recorded by precinct, county, and state
election officials. Each county auditor and municipal or school
district clerk required to furnish summary statements shall
prepare them in the manner prescribed by the secretary of
state. The summary statement of the primary returns shall be in
the same form as the summary statement of the general election
returns except that a separate part of the summary statement
shall be provided for the partisan primary ballot and a separate
part for the nonpartisan primary ballot.
Sec. 44. Minnesota Statutes 1986, section 204C.27, is
amended to read:
204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.]
One or more of the election judges in each precinct shall
deliver two sets of summary statements; all unused and spoiled
white, pink, and canary ballots; and the envelopes containing
the white, pink, and canary ballots either directly to the
municipal clerk for transmittal to the county auditor's office
or directly to the county auditor's office within 24 hours after
the end of the hours for voting. One or more election judges
shall deliver the remaining set of summary statements and
returns, all unused and spoiled municipal and school district
ballots, the envelopes containing municipal and school district
ballots, and all other things furnished by the municipal or
school district clerk, to the municipal or school district
clerk's office within 24 hours after the end of the hours for
voting.
Sec. 45. Minnesota Statutes 1986, section 204C.28, is
amended by adding a subdivision to read:
Subd. 3. [SCHOOL DISTRICT RETURNS AND MATERIALS.] At a
school district election held in conjunction with a state
election, the county auditor or municipal clerk shall deliver
the summary statements of the school district election returns,
all unused and spoiled school district ballots, and the envelope
containing the school district ballots from each precinct to the
clerk of the appropriate school district within 48 hours after
the polls close.
Sec. 46. Minnesota Statutes 1986, section 204C.29,
subdivision 1, is amended to read:
Subdivision 1. [FAILURE OF ELECTION JUDGES TO MAKE
DELIVERY; PENALTY.] If the election judges fail to deliver
returns as required by section 204C.27, the county auditor or
municipal or school district clerk to whom the returns should
have been delivered shall dispatch a special messenger to obtain
them. The messenger shall receive the same compensation as an
election judge would receive for performing the same service and
shall be subject to the same penalties as an election judge for
violation of any provision of the Minnesota election law.
Sec. 47. Minnesota Statutes 1986, section 204C.36, is
amended to read:
204C.36 [RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL
ELECTIONS.]
A losing candidate for nomination or election to a county
or, municipal, or school district office may request a recount
of the votes cast for the nomination or election to that office
if the difference between the vote cast for that candidate and
for a winning candidate for nomination or election is:
(a) Five votes or less when the total vote cast for
nomination or election to that office is 100 votes or less;
(b) Ten votes or less when the total vote cast for
nomination or election to that office is more than 100 but not
more than 500 votes;
(c) Twenty votes or less when the total vote cast for
nomination or election to that office is more than 500 but not
more than 2,000 votes;
(d) One percent of the votes or less when the total vote
cast for nomination or election to that office is more than
2,000 but less than 10,000 votes; or
(e) 100 One hundred votes or less when the total vote cast
for nomination or election to that office is 10,000 votes or
more.
Candidates for county offices shall file a written request
for the recount with the county auditor. Candidates for
municipal or school district offices shall file a written
request with the municipal or school district clerk as
appropriate. All requests shall be filed during the time for
notice of contest of the primary or election for which a recount
is sought.
Upon receipt of a request made pursuant to this section,
the county auditor shall recount the votes for a county office
at the expense of the county and, the governing body of the
municipality shall recount the votes for a municipal office at
the expense of the municipality, and the school board of the
school district shall recount the votes for a school district
office at the expense of the school district.
A losing candidate for nomination or election to a county
or, municipal, or school district office may request a recount
in the manner provided in this section at the candidate's own
expense when the vote difference is greater than the difference
required by clauses (a) to (e). The votes shall be recounted as
provided in this section if the requesting candidate files with
the county auditor or, municipal clerk, or school district clerk
a bond, cash or surety in an amount set by the governing body of
the jurisdiction or the school board of the school district for
the payment of the recount expenses.
Time for notice of contest of a nomination or election to a
county office which is recounted pursuant to this section shall
begin to run upon certification of the results of the recount by
the county canvassing board. Time for notice of contest of a
nomination or election to a municipal office which is recounted
pursuant to this section shall begin to run upon certification
of the results by the governing body of the municipality. Time
for notice of contest of a school district election that is
recounted under this subdivision begins to run on certification
of the results of the recount by the school board.
Sec. 48. [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.
Sec. 49. [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 123.11.
Sec. 50. [205A.03] [PRIMARY ELECTIONS.]
Subdivision 1. [RESOLUTION.] The school board of a school
district may, by resolution adopted at least 12 weeks before the
next school district general election, 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
at a time designated by the school board in the resolution
adopting the primary system, but no later than six weeks before
the school district general election. The clerk shall give
notice of the primary in the manner provided in section 54.
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.
Sec. 51. [205A.04] [GENERAL ELECTION.]
Except as may be provided in a special law or charter
provision to the contrary, the general election in each school
district must be held on the third Tuesday in May, unless the
school board provides by resolution for holding the school
district general election on the first Tuesday after the first
Monday in November. When the time of a school district's
general election is changed from May to November, the terms of
all board members shall be lengthened to expire on January 1;
when the time of a school district's general election is changed
from November to May, the terms of all board members shall be
shortened to expire on July 1. Whenever the time of a school
district election is changed, the school district clerk shall
immediately notify in writing the county auditor or auditors of
the counties in which the school district is located and the
secretary of state of the change of date.
Sec. 52. [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
20 days before and the 30 days after any regularly scheduled
statewide election or election of a municipality wholly or
partially within the school district.
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.
Sec. 53. [205A.06] [CANDIDATES, FILING.]
Subdivision 1. [AFFIDAVIT OF CANDIDACY.] Not more than ten
nor less than eight weeks before a school district primary, or
before the school district general election if there is no
school district primary, 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 50,
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. 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.
Sec. 54. [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.
Sec. 55. [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.
Sec. 56. [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, in no
event less than three hours, during which the polling places
will remain open for voting at the next succeeding and all later
school district general elections. 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. School districts covered by this subdivision must
certify their election hours to the county auditor in January of
each year.
Sec. 57. [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 counting
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.
Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION,
BALLOTS, DISPOSITION.] Within two days after a school district
election, 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.
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.
Sec. 58. [205A.11] [PRECINCTS; POLLING PLACES.]
The precincts and polling places for school district
elections are those precincts or parts of precincts and polling
places set in sections 204B.14 to 204B.16, except that at a
school district election not held on the day of a statewide
election, the school board may combine several precincts into a
single precinct with one polling place and one set of election
judges. The school board shall establish combined precincts by
resolution at least 30 days before an election, post a map of
the combined precincts, and file a copy of the map and
resolution with the county auditor.
Sec. 59. [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 60, 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 as many
separate election districts as there are members of the board,
which 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. One and only
one member of the board shall be elected from each election
district. 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. Within six months after the official certification of
each 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. 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 original or new election district boundaries shall
apply to the first election held at least six months after
adoption of the resolution.
Sec. 60. [205A.13] [REQUIREMENTS FOR PETITIONS.]
Any petition to a school board authorized in this chapter
or sections 124A.03 and 275.125, 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) of this subdivision, 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.
Sec. 61. Minnesota Statutes 1986, section 206.56, is
amended by adding a subdivision to read:
Subd. 17. [MUNICIPALITY.] "Municipality" means city, town,
or school district.
Sec. 62. Minnesota Statutes 1986, section 206.58,
subdivision 2, is amended to read:
Subd. 2. [MAY USE EXPERIMENTAL MACHINES.] The governing
body of a municipality may provide for the experimental use of
lever voting machines or an electronic voting system in one or
more precincts without formal adoption of the machines or
system. Use of the machines or system at an election shall be
as valid for all purposes as if the machines or system had been
permanently adopted.
When the governing body of a municipality decides to use
lever voting machines or an electronic voting system, it shall,
at a regular or special meeting held not less than 30 days
before the election, prescribe suitable rules and instructions
consistent with the provisions of sections 206.55 to 206.87 and
123.32, subdivision 7, for using the machine or system and shall
submit the rules and instructions to the secretary of state for
approval. When approved, a printed copy of the rules and
instructions shall be posted prominently in the polling place
and shall remain open to inspection by the voters throughout
election day.
Sec. 63. [206.685] [VOTING MACHINES OR ELECTRONIC VOTING
DEVICES AT SCHOOL ELECTIONS.]
Where lever voting machines or electronic voting devices
are used in precincts containing more than one school district
or more than one school election district, separate voting
machines or devices must be used and must be allocated between
the school districts or school election districts in proportion
to the number of voters eligible to vote in the precinct from
each district.
Sec. 64. Minnesota Statutes 1986, section 209.02, is
amended to read:
209.02 [CONTESTANT; GROUNDS.]
Subdivision 1. Any eligible voter, including a candidate,
may contest in the manner provided in this chapter: (1) the
nomination or election of any person for whom the voter had the
right to vote if that person is declared nominated or elected to
the senate or the house of representatives of the United States,
or to a statewide, county, legislative, or municipal, school, or
district court office; or (2) the declared result of a
constitutional amendment or other question voted upon at an
election. The contest may be brought over an irregularity in
the conduct of an election or canvass of votes, over the
question of who received the largest number of votes legally
cast, or on the grounds of deliberate, serious, and material
violations of the Minnesota election law.
Sec. 65. Minnesota Statutes 1986, section 209.021,
subdivision 3, is amended to read:
Subd. 3. [NOTICE SERVED ON PARTIES.] In all contests
relating to the nomination or election of a candidate, the
notice of contest must be served on the candidate who is the
contestee, a copy of the notice must be sent to the contestee's
last known address by certified mail, and a copy must be
furnished to the official authorized to issue the certificate of
election. If personal or substituted service on the contestee
cannot be made, an affidavit of the attempt by the person
attempting to make service and the affidavit of the person who
sent a copy of the notice to the contestee by certified mail is
sufficient to confer jurisdiction upon the court to decide the
contest.
If the contest relates to a constitutional amendment or
other question voted on statewide or voted on in more than one
county, notice of contest must be served on the secretary of
state, who is the contestee. If a contest relates to a question
voted on within only one county, school district, or one
municipality, a copy of the notice of contest must be served on
the county auditor, clerk of the school district, or municipal
clerk, respectively, who is the contestee. If the contest
relates to an irregularity in the conduct of an election or
canvass of votes, a copy of the notice of contest must be served
on the county auditor of the county where the irregularity is
said to have occurred. If the contest is upon the question of
consolidation or reorganization of a school district, a copy of
the notice of contest must be served on the county auditor
authorized by law to issue the order.
Sec. 66. Minnesota Statutes 1986, section 210A.01,
subdivision 3, is amended to read:
Subd. 3. [CANDIDATE.] "Candidate" means any individual for
whom it is contemplated or desired that votes may be cast at any
primary or election, and who either tacitly or expressly
consents to be so considered, except candidates for president
and vice president of the United States. In sections 210A.22 to
210A.28, 210A.32 and 210A.33, "candidate" does not mean an
individual for whom it is contemplated or desired that votes may
be cast at any primary or election, and who either tacitly or
expressly consents to be considered for constitutional office,
member of the legislature, school board member, justice of the
supreme court, court of appeals, or district court, county
court, probate court, or county municipal court judge.
Sec. 67. [APPROPRIATION.]
$25,000 is appropriated from the special revenue fund to
the secretary of state for the purposes of this article, to be
available until June 30, 1989.
Sec. 68. [REPEALER.]
Minnesota Statutes 1986, section 201.095, is repealed.
Sec. 69. [EFFECTIVE DATE.]
Sections 1 to 68 are effective July 1, 1988.
ARTICLE 2
ORGANIC LAWS OF SCHOOL DISTRICTS
Section 1. Minnesota Statutes 1986, section 6.54, is
amended to read:
6.54 [EXAMINATION OF MUNICIPAL RECORDS PURSUANT TO
PETITION.]
The registered voters in a home rule charter or statutory
city or the electors at an annual or special town meeting of a
town may petition the state auditor to examine the books,
records, accounts, and affairs of the home rule charter or
statutory city, town, or of any organizational unit, activity,
project, enterprise, or fund thereof; and the scope of the
examination may be limited by the petition, but the examination
shall cover, at least, all cash received and disbursed and the
transactions relating thereto, provided that the state auditor
shall not examine more than the six latest years preceding the
circulation of the petition, unless it appears to the state
auditor during the examination that the audit period should be
extended to permit a full recovery under bonds furnished by
public officers or employees, and may if it appears to the
auditor in the public interest confine the period or the scope
of audit or both period and scope of audit, to less than that
requested by the petition. In the case of a home rule charter
or statutory city, the petition shall be signed by a number of
registered voters at least equal to 20 percent of those voting
in the last presidential election. The eligible voters of any
school district, as defined in section 123.32, subdivision 1a,
may petition the state auditor, who shall be subject to the same
restrictions regarding the scope and period of audit, provided
that the petition shall be signed by at least ten eligible
voters for each 50 resident pupils in average daily membership
during the preceding school year as shown on the records in the
office of the commissioner of education. In the case of school
districts, the petition shall be signed by at least ten eligible
voters. At the time it is circulated, every petition shall
contain a statement that the cost of the audit will be borne by
the city or school district as provided by law. Thirty days
before the petition is delivered to the state auditor it shall
be presented to the appropriate city or school district clerk
and the county auditor. The county auditor shall determine and
certify whether the petition is signed by the required number of
registered voters or eligible voters as the case may be. The
certificate shall be conclusive evidence thereof in any action
or proceeding for the recovery of the costs, charges and
expenses of any examination made pursuant to the petition.
Sec. 2. Minnesota Statutes 1986, section 122.22,
subdivision 2, is amended to read:
Subd. 2. Proceedings under this section may be instituted
by:
(a) Resolution of the county board of the county containing
the greatest land area of the district proposed for dissolution
when the district is dissolved pursuant to sections 122.32 to
122.52.
(b) Petition executed by a majority of the eligible voters,
as defined in section 123.32, subdivision 1a, of the district
proposed for dissolution and addressed to the county board of
the county containing the greatest land area of the district.
(c) Certification by the clerk of the district proposed for
dissolution to the county board of the county containing the
greatest land area of the district to the effect that a majority
of votes cast at an election were in favor of dissolving the
district.
Sec. 3. Minnesota Statutes 1986, section 122.22,
subdivision 4, is amended to read:
Subd. 4. A petition executed pursuant to subdivision 2(b)
shall be filed with the auditor. It shall contain the following:
(a) A statement that petitioners desire proceedings
instituted leading to dissolution of the district and other
provisions made for the education of the inhabitants of the
territory and that petitioners are eligible voters, as defined
in section 123.32, subdivision 1a, of the district;
(b) An identification of the district; and
(c) The reasons supporting the petition which may include
recommendations as to disposition of territory to be dissolved.
The recommendations are advisory in nature only and are not
binding on any petitioners or county board for any purpose.
The persons circulating the petition shall attach their
affidavit swearing or affirming that the persons executing the
petition are eligible voters, as defined in section 123.32,
subdivision 1a, of the district and that they signed in the
presence of one of the circulators.
The auditor shall present the petition to the county board
at its next meeting. At that meeting, the county board shall
determine a date for a hearing. The hearing shall be not less
than 20 nor more than 60 days from the date of that meeting.
Sec. 4. Minnesota Statutes 1986, section 122.23,
subdivision 2, is amended to read:
Subd. 2. Upon a resolution of a school board in the area
proposed for consolidation or upon receipt of a petition
therefor executed by 25 percent of the voters resident in the
area proposed for consolidation or by 50 such voters, whichever
is lesser, the county auditor of the county which contains the
greatest land area of the proposed new district shall forthwith
cause a plat to be prepared. The resolution or petition shall
show the approximate area proposed for consolidation. The
resolution or petition may propose either that the bonded debt
of the component districts will be paid according to the levies
previously made for that debt under chapter 475, as provided in
subdivision 16a, or that the taxable property in the newly
created district will be taxable for the payment of the bonded
debt previously incurred by any component district as provided
in subdivision 16b. The resolution or petition may also propose
that referendum levies previously approved by voters of the
component districts pursuant to section 124A.03, subdivision 2,
or its predecessor provision, be combined as provided in section
122.531, subdivision 2a or 2b, or that the referendum levies be
discontinued. The resolution or petition may also propose that
the board of the newly created district consist of seven
members, and may also propose the establishment of separate
election districts from which school board members will be
elected, the boundaries of these election districts, and the
initial term of the member elected from each of these election
districts. If a county auditor receives more than one request
for a plat and the requests involve parts of identical
districts, the auditor shall forthwith prepare a plat which in
the auditor's opinion best serves the educational interests of
the inhabitants of the districts or areas affected. The plat
shall show:
(a) Boundaries of the proposed district, as determined by
the county auditor, and present district boundaries,
(b) The location of school buildings in the area proposed
as a new district and the location of school buildings in
adjoining districts,
(c) The boundaries of any proposed separate election
districts, in accordance with the provisions of section 123.32,
and
(d) Other pertinent information as determined by the county
auditor.
Sec. 5. Minnesota Statutes 1986, section 122.23,
subdivision 9, is amended to read:
Subd. 9. If the approved plat contains land area in more
than one independent district maintaining a secondary school, or
common district maintaining a secondary school, and if each
board entitled to act on the plat approves the plat, each board
shall cause notice of its action to be published at least once
in its official newspaper. If five percent of the eligible
voters, as defined in section 123.32, subdivision 1a, of any
such district petition the clerk of the district, within 30 days
after the publication of the notice, for an election on the
question, the consolidation shall not become effective until
approved by a majority vote in the district at an election held
in the manner provided in subdivisions 11, 12, and 13.
Sec. 6. Minnesota Statutes 1986, section 122.23,
subdivision 10, is amended to read:
Subd. 10. If an approved plat contains land area in any
district not entitled to act on approval or rejection of the
plat by action of its board, the plat may be approved by the
residents of the land area within 60 days of approval of plat by
the state board in the following manner:
A petition calling upon the county auditor to call and
conduct an election on the question of adoption or rejection of
the plat may be circulated in the land area by any person
residing in the area. Upon the filing of the petition with the
county auditor, executed by at least 25 percent of the eligible
voters, as defined in section 123.32, subdivision 1a, in each
district or part of a district contained in the land area, the
county auditor shall forthwith call and conduct a special
election of the electors resident in the whole land area on the
question of adoption of the plat. For the purposes of this
section, the term "electors resident in the whole land area"
means any person residing on any remaining portion of land, a
part of which is included in the consolidation plat. Any
eligible voter, as defined in section 123.32, subdivision 1a,
owning land included in the plat who lives upon land adjacent or
contiguous to that part of the voter's land included in the plat
shall be included and counted in computing the 25 percent of the
eligible voters, as defined in section 123.32, subdivision 1a,
necessary to sign the petition and shall also be qualified to
sign the petition. Failure to file the petition within 60 days
of approval of the plat by the state board terminates the
proceedings.
Sec. 7. Minnesota Statutes 1986, section 122.25,
subdivision 1, is amended to read:
Subdivision 1. If six or more eligible voters, as defined
in section 123.32, subdivision 1a, of a common district desire
to change the organization of their district to an independent
district, they may call for a vote upon the question at the next
annual meeting by filing a petition therefor with the clerk. In
the notice for the meeting, the clerk shall include a statement
that the question will be voted upon at the meeting.
Sec. 8. Minnesota Statutes 1986, section 123.11,
subdivision 7, is amended to read:
Subd. 7. Upon the filing of a petition therefor, executed
by five eligible voters, as defined in section 123.32,
subdivision 1a Minnesota election law, of the common district,
specifying the business to be acted upon, or upon the adoption
of a proper resolution so specifying, signed by a majority of
the members of the board, the clerk shall forthwith call a
special meeting of the district upon ten days' posted notice and
one week's published notice if there be a newspaper printed in
the district and specify in the notice the business named in the
request or resolution and the time and place of the meeting. If
there be no clerk in the district or if the clerk fails for
three days after receiving a request or resolution to give
notice of a meeting, it may be called by like notice by five
eligible voters, as defined in section 123.32, subdivision
1a Minnesota election law, of the district. No business except
that named in the notice shall be transacted at the meeting. If
there are not five eligible voters, as defined in section
123.32, subdivision 1a Minnesota election law, or if there is
not a board therein, the county auditor may call a special
meeting by giving notice thereof as provided in this section.
The voters at a special meeting have power to repeal or modify
their proceedings.
Sec. 9. Minnesota Statutes 1986, section 123.33,
subdivision 4, is amended to read:
Subd. 4. Any other vacancy in a board shall be filled by
the board appointment at any a regular or special meeting
thereof. Such The appointment shall be evidenced by a
resolution entered in the minutes and shall continue until July
1 next following such appointment an election is held under this
subdivision. All elections to fill vacancies shall be for the
unexpired term. If the vacancy occurs before the first day to
file affidavits of candidacy for the next school district
general election and more than two years remain in the unexpired
term, a special election shall be held in conjunction with the
school district general election. The appointed person shall
serve until the qualification of the successor elected to fill
the unexpired part of the term at that special election. If the
vacancy occurs on or after the first day to file affidavits of
candidacy for the school district general election, or when less
than two years remain in the unexpired term, there shall be no
special election to fill the vacancy and the appointed person
shall serve the remainder of the unexpired term and until a
successor is elected and qualifies at the school district
election.
Sec. 10. Minnesota Statutes 1986, section 123.351,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] Two or more independent
school districts may enter into an agreement to establish a
cooperative center to provide for vocational education and other
educational services upon the vote of a majority of the full
membership of each of the boards of the districts entering into
the agreement. When a resolution approving this action has been
adopted by the board of a district, the resolution shall be
published once in a newspaper of general circulation in the
district. If a petition for referendum on the question of the
district entering into the agreement, containing signatures of
qualified voters of the district equal to five percent of the
number of voters at the last annual school district general
election, is filed with the clerk of the board within 60 days
after publication of the resolution, the board shall not enter
into the agreement until the question has been submitted to the
voters of the district at a special election. This election
shall be conducted and canvassed in accordance with section
123.32 the same manner as school district general elections. If
a majority of the total number of votes cast on the question
within the district is in favor of the proposition, the board
may thereupon enter into an agreement to establish the center
for purposes herein described in this section.
Sec. 11. Minnesota Statutes 1986, section 123.51, is
amended to read:
123.51 [SPECIAL SCHOOL DISTRICTS, LAWS APPLICABLE.]
Special districts as now organized shall continue to
operate under the special legislation and charter provisions
governing them until conversion to independent districts. The
provisions of law relating to independent districts shall apply
to and govern each special district unless the special laws and
charter provisions governing the special district provide for
the matter, in which case the special laws and charter
provisions relating to the special district shall apply and
control. Article 1, sections 48 to 58, control and supersede
inconsistent provisions of special laws or charters in the
administration of school district elections in special districts.
Sec. 12. Minnesota Statutes 1986, section 127.09, is
amended to read:
127.09 [REFUSING TO SERVE ON SCHOOL BOARD.]
Any person who accepts election or appointment to any
school board and who refuses or neglects to qualify or to serve
or to perform any of the duties of the office, shall be fined
$10 for each offense. The fine shall be collected in an action
before a county or municipal court. It may be prosecuted in the
name of the district by any school board member or eligible
voter, as defined in section 123.32, subdivision 1a, of the
district.
Sec. 13. Minnesota Statutes 1986, section 127.11, is
amended to read:
127.11 [DRAWING ILLEGAL ORDER.]
Any school district clerk who illegally draws an order upon
the treasurer, any chair or other officer who attests the order,
and any school district treasurer who knowingly pays the order,
shall each forfeit to the district twice the amount of the
order, to be collected in an action brought in the name of the
district by any eligible voter, as defined in section 123.32,
subdivision 1a, of the district.
Sec. 14. [REPEALER.]
Minnesota Statutes 1986, sections 123.015 and 123.32, are
repealed.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 14 are effective July 1, 1988.
Approved May 28, 1987
Official Publication of the State of Minnesota
Revisor of Statutes