1.1 	A bill for an act
1.2 	proposing an amendment to the Minnesota Constitution,
1.3 	article VIII, section 6; eliminating the specified
1.4 	list of grounds for recall; making conforming
1.5 	statutory amendments; amending Minnesota Statutes
1.6 	2004, sections 211C.03; 211C.06; repealing Minnesota
1.7 	Statutes 2004, sections 211C.01, subdivisions 2, 3, 4;
1.8 	211C.02; 211C.04; 211C.05.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	ARTICLE 1
1.11 	PROPOSED AMENDMENT

1.12 	Section 1. CONSTITUTIONAL AMENDMENT.
 1.13 	An amendment to the Minnesota Constitution, article VIII,
1.14 	section 6, is proposed to the people.  If the amendment is
1.15 	adopted, the section will read:

1.16 	Sec. 6. A member of the senate or the house of
1.17 	representatives, an executive officer of the state identified in
1.18 	section 1 of article V of the constitution, or a judge of the
1.19 	supreme court, the court of appeals, or a district court is
1.20 	subject to recall from office by the voters. ~~The grounds for~~
1.21 	~~recall of a judge shall be established by the supreme court.~~
1.22 	~~The grounds for recall of an officer other than a judge are~~
1.23 	~~serious malfeasance or nonfeasance during the term of office in~~
1.24 	~~the performance of the duties of the office or conviction during~~
1.25 	~~the term of office of a serious crime.~~A petition for recall
1.26 	must set forth the specific conduct that may warrant recall. ~~A~~
1.27 	~~petition may not be issued until the supreme court has~~
2.1 	~~determined that the facts alleged in the petition are true and~~
2.2 	~~are sufficient grounds for issuing a recall petition.~~A
2.3 	petition must be signed by a number of eligible voters who
2.4 	reside in the district where the officer serves and who number
2.5 	not less than 25 percent of the number of votes cast for the
2.6 	office at the most recent general election.  Upon a
2.7 	determination by the secretary of state that a petition has been
2.8 	signed by at least the minimum number of eligible voters, a
2.9 	recall election must be conducted in the manner provided by
2.10 	law.  A recall election may not occur less than six months
2.11 	before the end of the officer's term.  An officer who is removed
2.12 	from office by a recall election or who resigns from office
2.13 	after a petition for recall issues may not be appointed to fill
2.14 	the vacancy that is created.

2.15 	Sec. 2. SUBMISSION TO VOTERS.
 2.16 	The proposed amendment must be submitted to the people at
2.17 	the 2006 general election.  The question submitted must be:
2.18 	"Shall the Minnesota Constitution be amended to allow the
2.19 	voters to determine grounds for recall of state officials? 
2.20 	Yes .......
2.21 	                                   No ........" 

2.22 	ARTICLE 2
2.23 	CONFORMING AMENDMENTS

2.24 	Section 1. Minnesota Statutes 2004, section 211C.03, is
2.25 	amended to read:
2.26 	211C.03 PETITION FOR RECALL; FORM AND CONTENT.
2.27 	The secretary of state shall prescribe by rule the form
2.28 	required for a recall petition.  Each page of the petition must
2.29 	contain the following information:
2.30 	(1) the name and office held by the state officer who is
2.31 	the subject of the recall petition and, in the case of a
2.32 	representative, senator, or district judge, the district number
2.33 	in which the state officer serves;
2.34 	(2) ~~the specific grounds upon which the state officer is~~
2.35 	~~sought to be recalled and~~ a concise, accurate, and complete
2.36 	synopsis of the specific facts that are alleged to warrant
3.1 	recall ~~on those grounds~~;
3.2 	(3) a statement that a recall election, if conducted, will
3.3 	be conducted at public expense;
3.4 	(4) a statement that persons signing the petition:
3.5 	(i) must be eligible voters residing within the district
3.6 	where the state officer serves or, in the case of a statewide
3.7 	officer, within the state;
3.8 	(ii) must know the purpose and content of the petition; and
3.9 	(iii) must sign of their own free will and may sign only
3.10 	once; and
3.11 	(5) a space for the signature and signature date; printed
3.12 	first, middle, and last name; residence address, including
3.13 	municipality and county; and date of birth of each signer.
3.14 	The secretary of state shall make available sample recall
3.15 	petition forms upon request.

3.16 	Sec. 2. Minnesota Statutes 2004, section 211C.06, is
3.17 	amended to read:
3.18 	211C.06 ISSUING, CIRCULATING, AND VERIFYING PETITION.
3.19 	~~Upon receipt of the order from the Supreme Court,~~The
3.20 	petition must be submitted to the secretary of state in the
3.21 	manner and form prescribed by the secretary of state and must be
3.22 	accompanied by a fee of $100, in which case the secretary of
3.23 	state shall issue a recall petition.  When the required number
3.24 	of signatures on the petition have been secured, the petition
3.25 	may be filed with the secretary of state.  The petition must be
3.26 	filed within 90 days after the date of issuance.  Upon the
3.27 	filing of the petition, the secretary of state shall verify the
3.28 	number and eligibility of signers in the manner provided by the
3.29 	secretary of state.  If the secretary of state determines that a
3.30 	petition has been signed by a sufficient number of eligible
3.31 	voters, the secretary of state shall certify the petition and
3.32 	immediately notify in writing the governor, the petitioners, and
3.33 	the state officer named in the petition.  If the petition is not
3.34 	signed by a sufficient number of eligible voters, the secretary
3.35 	of state shall dismiss the petition.
3.36 	After the secretary of state issues a petition to recall a
4.1 	state officer, the secretary of state may not accept another
4.2 	petition to recall the same officer until either the earlier
4.3 	petition is dismissed by the secretary of state for a deficiency
4.4 	of signatures, or the recall election brought about by the
4.5 	earlier petition results in the officer retaining the office.

4.6 	Sec. 3. REPEALER.
 4.7 	Minnesota Statutes 2004, sections 211C.01, subdivisions 2,
4.8 	3, and 4; 211C.02; 211C.04; and 211C.05, are repealed.

4.9 	Sec. 4. EFFECTIVE DATE.
 4.10 	Sections 1 to 3 are effective the day following approval by
4.11 	the people of the amendment to the Minnesota Constitution
4.12 	proposed in article 1.