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Minnesota Office of the Secretary of State

OTHER LAWS RELATED TO ELECTIONS
SELECTED PROVISIONS

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Chapter 2 - Territorial Divisions 

2.91          REDISTRICTING PLANS

Chapter 3 - Legislature

3.20          FORM OF ACT; SUBMISSION
3.21          NOTICE

Chapter 10 - Multiple Branches or Offices; Observance (Government Miscellany)

10.60        PUBLIC WEB SITES AND PUBLICATIONS

Chapter 10A - Campaign Finance and Public Disclosure

10A.01      DEFINITIONS 
10A.03      LOBBYIST REGISTRATION
10A.09      STATEMENTS OF ECONOMIC INTEREST
10A.121    INDEPENDENT EXPENDITURE POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS
10A.321    ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED 

10A.322     SPENDING LIMIT AGREEMENTS

10A.323     AFFIDAVIT OF CONTRIBUTIONS
10A.38      CAPTIONING OF CAMPAIGN ADVERTISEMENTS 

Chapter 13 - Government Data Practices

13.37        GENERAL NONPUBLIC DATA

13.607      ETHICS AND ELECTIONS DATA CODED ELSEWHERE

Chapter 43A - State Employment 

43A.32      POLITICAL ACTIVITIES 

Chapter 103C - Soil and Water Conservation Districts

103C.301  INITIAL ELECTION OF SUPERVISORS 
103C.305  GENERAL ELECTION OF SUPERVISORS 
103C.311  FORMATION OF SUPERVISOR DISTRICTS
103C.315  SUPERVISORS 

Chapter - 123A - School Districts; Forms for Organizing

123A.48    CONSOLIDATION 

Chapter - 123B - School District Powers and Duties

123B.09     BOARDS OF INDEPENDENT SCHOOL DISTRICTS

Chapter - 126C - School Districts; Forms of Organizing

126C.17     REFERENDUM REVENUE

Chapter - 135A - Public Postsecondary Education

135A.17     PROVISIONS TO FACILITATE VOTING

Chapter 160 - Roads, General Provisions

160.27       PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS
160.2715   RIGHT-OF-WAY USE; MISDEMEANORS 

Chapter 171 - Driver's Licenses and Training Schools

171.11       DUPLICATE LICENSE; CHANGE OF DOMICILE OR NAME

Chapter 256 - Human Services

256.925      OPTIONAL VOTER REGISTRATION FOR PUBLIC ASSISTANCE APPLICANTS AND RECIPIENTS

Chapter 275 - Taxes; Levy, Extension

275.065      PROPOSED PROPERTY TAXES; NOTICE
275.60        LEVY OR BOND REFERENDUM; BALLOT NOTICE
275.61        VOTER APPROVED LEVY; MARKET VALUE; NET TAX CAPACITY CONVERSION

Chapter 289A - Administration and Compliance (Various State Taxes and Programs)

289A.08      FILING REQUIREMENTS FOR INDIVIDUAL INCOME, FIDUCIARY INCOME, CORPORATE FRANCHISE, MINING COMPANY, AND ENTERTAINMENT TAXES

Chapter 340A - Liquor

340A.416     LOCAL OPTION ELECTION
340A.504     HOURS AND DAYS OF SALE

Chapter 351 - Vacancy in Public Office

351.01         RESIGNATIONS 
351.02         VACANCIES
351.05         VACANCY DURING RECESS OF LEGISLATURE
351.055       PREPARATIONS FOR SPECIAL ELECTIONS 
351.06         APPOINTMENT; CONTINUANCE OF TERM; IMPEACHMENT 
351.14         DEFINITIONS 
351.15         REMOVAL OF ELECTED COUNTY OFFICIAL 
351.16         PETITION; REVIEW  
351.17         CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER
351.18         WAIVER
351.19         PUBLIC HEARING
351.20         DECISION; CERTIFICATION
351.21         APPEAL 
351.22         REMOVAL ELECTION; DISQUALIFICATION
351.23         EXTENSION OF TIME

Chapter 358 - Seals, Oaths, Acknowledgements

358.05         OATH OF OFFICE
358.10         OFFICIALS MAY ADMINISTER, WHEN
358.11         OATHS, WHERE FILED

Chapter 365 - Town General Law

365.51         ANNUAL MEETING; NOTICE, BUSINESS, ELECTIONS
365.52         SPECIAL MEETING; VACANCY, OTHER WORK, ELECTION
365.59         COUNTY TO APPOINT OFFICERS IF NONE ELECTED

Chapter 367 - Town Officers

367.03         ANNUAL ELECTION OF OFFICERS; VACANCIES; SPECIAL ELECTIONS 
367.033       SERVICE ON SCHOOL BOARDS; INCOMPATIBILITY OF OFFICES
367.10         TOWN CLERK; BOND; OATH
367.12         DEPUTY CLERK 
367.25         OATH OF OFFICE; BOND; FILING; PENALTIES
367.36         COMBINING THE OFFICES OF CLERK AND TREASURER

Chapter 373 - Counties; Powers, Duties, Privileges

373.50         POSTPONEMENT O ELECTION; INCLEMENT WEATHER

Chapter 375 - County Boards

375.025       COMMISSIONER DISTRICTS
375.04         TIE DETERMINED BY LOT
375.08         BOARD TO FILL VACANCIES IN COUNTY OFFICES 
375.101       VACANCY IN OFFICE OF COUNTY COMMISSIONER
375.20         BALLOT QUESTIONS

Chapter 375A - Optional Forms of County Government

375A.12       METHOD OF ADOPTING OPTIONS

Chapter 382 - County Offices

382.10         BONDS RECORDED 

Chapter 383B - Hennepin County

383B.151      FINANCIAL INTEREST FORBIDDEN

Chapter 387 - Sheriff

387.01         QUALIFICATIONS; BOND; OATH 

Chapter 388 - County Attorney

388.01         ELECTION; QUALIFICATIONS; TERM

Chapter 410 - Classification; Charters (Cities, Organization)

410.01         CITIES, CLASSES
410.015       DEFINITIONS RELATING TO CITIES 
410.10         CHARTER ELECTION 
410.12         AMENDMENTS
410.191       CITY COUNCIL MEMBERS; CITY EMPLOYMENT
410.20         RECALL AND REMOVAL OF OFFICERS; ORDINANCES
410.21         APPLICATON OF GENERAL ELECTION LAWS

Chapter 412 - Statutory Cities

412.02         CITY ELECTIONS; OFFICERS TERM, VACANCIES
412.022       COUNCIL MAY PROVIDE FOUR-YEAR TERM

Chapter 414 - Municipal Boundary Adjustments

414.041       CONSOLIDATION OF MUNICIPALITIES

Chapter 447 - Hospitals, Welfare Activities

447.32         OFFICERS AND ELECTIONS

Chapter 471 - Municipal Rights, Powers, Duties

471.46         VACANCIES; PERSONS INELIGIBLE TO APPOINTMENT
471.87         PUBLIC OFFICERS, INTEREST IN CONTRACT; PENALTY 
471.895       CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED

Chapter 473 - Metropolitan Government

473.121       DEFINITIONS

Chapter 475 - Debt of Defined Municipalities

475.58         OBLIGATIONS; ELECTIONS TO DETERMINE ISSUE

Chapter 524 - Uniform Probate Code

524.5-310   FINDINGS; ORDER OF APPOINTMENT

Chapter 609 - Criminal Code

609.165       RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS
609.02         DEFINITIONS
609.43         MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE 

Chapter 609B - Collateral Sanctions

609B.139     ELECTIONS; COLLATERAL SANCTIONS
609B.140     CONVICTION FOR FAILURE TO PROSECUTE; FORFEITURE OF OFFICE
609B.141     CONVICTION FOR TREASON OR FELONY; INELIGIBILITY FOR BALLOT CERTIFICATION
609B.142     CONVICTED SEX OFFENDER; INELIGIBLE FOR OFFICE OF SCHOOL BOARD MEMBER
609B.143     VIOLATION OF CAMPAIGN FINANCIAL REPORTS; FORFEITURE OF NOMINATION OR OFFICE
609B.144     CONVICTION FOR VIOLATION OF CAMPAIGN FINANCIAL REPORTS; DISQUALIFICATION
609B.146     CONVICTION FOR VIOLATION OF FAIR CAMPAIGN PRACTICES; DISQUALIFICATION

Chapter 626 - Peace officers; Authority; Training; Reporting

626.846       ATTENDANCE, FORFEITURE OF POSITION

Chapter 645 - Interpretation of Statutes and Rules

645.08         CANONS OF CONSTRUCTION
645.11         PUBLISHED NOTICE
645.12         POSTED NOTICE
645.13         TIME; PUBLICATION FOR SUCCESSIVE WEEKS
645.14         TIME; COMPUTATION OF MONTHS 
645.15         COMPUTATION OF TIME
645.44         PARTICULAR WORDS AND PHRASES

 

2.91 REDISTRICTING PLANS.

        Subdivision 1. Distribution. Upon enactment of a redistricting plan for the legislature or for Congress, the legislative coordinating commission shall deposit the plan with the secretary of state. The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county. The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication. The revisor of statutes shall code a metes and bounds description of the districts in Minnesota Statutes. 
        Subd. 2. Corrections. The legislature intends that a redistricting plan encompass all the territory of this state, that no territory be omitted or duplicated, that all districts consist of convenient contiguous territory substantially equal in population, and that political subdivisions not be divided more than necessary to meet constitutional requirements.
Therefore, in implementing a redistricting plan for the legislature or for Congress, the secretary of state, after notifying the legislative coordinating commission and the revisor of statutes, shall order the following corrections: 
        (a) If a territory in this state is not named in the redistricting plan but lies within the boundaries of a district, it is a part of the district within which it lies. 
        (b) If a territory in this state is not named in the redistricting plan but lies between the boundaries of two or more districts, it is a part of the contiguous district having the smallest population. 
        (c) If a territory in this state is assigned in the redistricting plan to two or more districts, it is part of the district having the smallest population. 
        (d) If a territory in this state is assigned to a district that consists of other territory containing a majority of the population of the district but with which it is not contiguous, the territory is a part of the contiguous district having the smallest population. 
        (e) If the description of a district boundary line that divides a political subdivision is ambiguous because a highway, street, railroad track, power transmission line, river, creek, or other physical feature or census block boundary that forms part of the district boundary is omitted or is not properly named or has been changed, or because a compass direction for the boundary line is wrong, the secretary of state shall add or correct the name or compass direction and resolve the ambiguity in favor of creating districts of convenient, contiguous territory of substantially equal population that do not divide political subdivisions more than is necessary to meet constitutional requirements. 
        Subd. 3. Notice of corrections. The secretary of state shall provide a copy of each correction order to each affected county auditor, municipal clerk, and candidate. 
        Subd. 4. Recommendations to legislature. The secretary of state and the revisor of statutes shall recommend to the legislature any additional technical corrections to the redistricting plan they deem necessary or desirable.

History:
1994 c 406 s 9; 1994 c 612 s 67

NOTES AND DECISIONS

2.91
        Voter who argued that county redistricting, which gave the city majorities of voters in three of five commissioner districts despite the fact that city residents were not a majority in the county, impaired his fundamental right to vote by diluting the power of the rural voter, did not establish that the redistricting impacted a suspect class or a fundamental right, as required to raise a justiciable constitutional claim. Krueger v. McLeod County, 2006 WL 1390417(Minn. App. May 23, 2006) (unpublished op.)


 

3.20 FORM OF ACT; SUBMISSION.

        Every act for the submission of an amendment to the constitution shall set forth the section as it will read if the amendment is adopted, with only the other matter necessary to show in what section or article the alteration is proposed. It shall be submitted and voted upon at the next general election as provided by the law relating to general elections. If adopted, the governor shall announce the fact by proclamation.

History: (45) RL s 24; 1988 c 469 art 1 s 1

NOTES AND DECISIONS

3.20
        Secretary of State may place proposed amendments on ballot in order of chapter number. Op. Atty. Gen. 86-a, November 16, 1970. 
 

3.21 NOTICE.

        At least four months before the election, the attorney general shall furnish to the secretary of state a statement of the purpose and effect of all amendments proposed, showing clearly the form of the existing sections and how they will read if amended. If a section to which an amendment is proposed exceeds 150 words in length, the statement shall show the part of the section in which a change is proposed, both its existing form and as it will read when amended, together with the portions of the context that the attorney general deems necessary to understand the amendment.

History: (46) RL s 25; 1907 c 152; 1913 c 299 s 1; 1941 c 136 s 1; 1951 c 699 s 1; 1974 c 38 s 1; 1974 c 184 s 1; 1978 c 725 s 1; 1979 c 252 s 2; 1984 c 543 s 1; 1Sp1985 c 13 s 60; 1986 c 444; 1988 c 469 art 1 s 1; 1992 c 513 art 3 s 17

 

10.60 PUBLIC WEB SITES AND PUBLICATIONS.

        Subdivision 1. Definitions. For purposes of this section: 
        (1) "political subdivision" means a county, statutory or home rule charter city, town, school district, or other municipal corporation, and the Metropolitan Council and a metropolitan or regional agency; 
        (2) "publication" means a document printed with public money by an elected or appointed official of a state agency or political subdivision that is intended to be distributed publicly outside of the state agency or political subdivision; 
        (3) "state agency" means an entity in the executive, judicial, or legislative branch of state government; and 
        (4) "Web site" means a site maintained on the World Wide Web that is available for unrestricted public access and that is maintained with public money by an elected or appointed official of a state agency or political subdivision. 
        Subd. 2. Purpose of Web site and publications. The purpose of a Web site and a publication must be to provide information about the duties and jurisdiction of a state agency or political subdivision or to facilitate access to public services and information related to the responsibilities or functions of the state agency or political subdivision. 
        Subd. 3. Prohibitions. (a) A Web site or publication must not include pictures or other materials that tend to attribute the Web site or publication to an individual or group of individuals instead of to a public office, state agency, or political subdivision. A publication must not include the words "with the compliments of" or contain letters of personal greeting that promote an elected or appointed official of a state agency or political subdivision. 
        (b) A Web site, other than a Web site maintained by a public library or the election-related Web site maintained by the office of the secretary of state or the Campaign Finance and Public Disclosure Board, may not contain a link to a Weblog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign committee, or a state committee. Terms used in this paragraph have the meanings given them in chapter 10A, except that "candidate" also includes a candidate for an elected office of a political subdivision. 
        Subd. 4. Permitted material. (a) Material specified in this subdivision may be included on a Web site or in a publication, but only if the material complies with subdivision
2. This subdivision is not a comprehensive list of material that may be contained on a Web site or in a publication, if the material complies with subdivision 2. 
        (b) A Web site or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office. There is no limitation on photographs, Webcasts, archives of Webcasts, and audio or video files that facilitate access to information or services or inform the public about the duties and obligations of the office or that are intended to promote trade or tourism. A state Web site or publication may include photographs or information involving civic or charitable work done by the governor's spouse, provided that these activities relate to the functions of the governor's office. 
        (c) A Web site or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a public official or organization. 
        (d) The election-related Web site maintained by the office of the secretary of state shall provide links to: 
        (1) the campaign Web site of any candidate for legislative, constitutional, judicial, or federal office who requests or whose campaign committee requests such a link and provides in writing a valid URL address to the office of the secretary of state; and 
        (2) the Web site of any individual or group advocating for or against or providing neutral information with respect to any ballot question, where the individual or group requests such a link and provides in writing a valid Web site address and valid e-mail address to the office of the secretary of state. 
        These links must be provided on the election-related Web site maintained by the office of the secretary of state from the opening of filing for the office in question until the business day following the day on which the State Canvassing Board has declared the results of the state general election, or November 30 of the year in which the election has taken place, whichever date is earlier. The link must be activated on the election related Web site maintained by the office of the secretary of state within two business days of receipt of the request from a qualified candidate or committee. 
        Subd. 5. Other standards. This section does not prohibit a state agency or political subdivision from adopting more restrictive standards for the content of a Web site or publication maintained by the agency or political subdivision. 
        Subd. 6. Enforcement. Violation of this section is not a crime and is not subject to civil penalty.

History: 2005 c 156 art 2 s 6; 2006 c 242 s 9, 10

 

10A.01 DEFINITIONS.
NEW LANGUAGE 2010

        Subdivision 1. Application. For the purposes of this chapter, the terms defined in this section have the meanings given them unless the context clearly indicates otherwise. 
        Subd. 2. Administrative action. "Administrative action" means an action by any official, board, commission or agency of the executive branch to adopt, amend, or repeal a rule under chapter 14. "Administrative action" does not include the application or administration of an adopted rule, except in cases of rate setting, power plant and powerline siting, and granting of certificates of need under section 216B.243. 
        Subd. 3. Advance of credit. "Advance of credit" means any money owed for goods provided or services rendered. "Advance of credit" does not mean a loan as defined in subdivision 21. 
        Subd. 4. Approved expenditure. "Approved expenditure" means an expenditure made on behalf of a candidate by an entity other than the principal campaign committee of the candidate, if the expenditure is made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of the candidate, the candidate's principal campaign committee, or the candidate's agent. An approved expenditure is a contribution to that candidate. 
        Subd. 5. Associated business. "Associated business" means an association, corporation, partnership, limited liability company, limited liability partnership, or other organized legal entity from which the individual receives compensation in excess of $50, except for actual and reasonable expenses, in any month as a director, officer, owner, member, partner, employer or employee, or whose securities the individual holds worth $2,500 or more at fair market value. 
        Subd. 6. Association. "Association" means a group of two or more persons, who are not all members of an immediate family, acting in concert. 
        Subd. 7. Ballot question. "Ballot question" means a question or proposition that is placed on the ballot and that may be voted on by all voters of the state. "Promoting or defeating a ballot question" includes activities, other than lobbying activities, related to qualifying the question for placement on the ballot. 
        Subd. 7a. Repealed by amendment, 1999 c 220 s 1 
        Subd. 7b. Renumbered subd 13 
        Subd. 8. Board. "Board" means the state campaign finance and Public Disclosure Board. 
        Subd. 9. Campaign expenditure. "Campaign expenditure" or "expenditure" means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question. 
        An expenditure is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.
        An expenditure made for the purpose of defeating a candidate is considered made for the purpose of influencing the nomination or election of that candidate or any opponent of that candidate. 
        Except as provided in clause (1), "expenditure" includes the dollar value of a donation in kind.
        "Expenditure" does not include: 
        (1) noncampaign disbursements as defined in subdivision 26; 
        (2) services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; or 
        (3) the publishing or broadcasting of news items or editorial comments by the news media; or
        (4) an individual's unreimbursed personal use of an automobile owned by the individual and used by the individual while volunteering personal time. 
        Subd. 9a. Renumbered subd 16 
        Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge. An individual is deemed to seek nomination or election if the individual has taken the action necessary under the law of this state to qualify for nomination or election, has received contributions or made expenditures in excess of $100, or has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of $100, for the purpose of bringing about the individual's nomination or election. A candidate remains a candidate until the candidate's principal campaign committee is dissolved as provided in section 10A.24. 
        Subd. 10a. Renumbered subd 4 
        Subd. 10b. Renumbered subd 18 
        Subd. 10c. Renumbered subd 26 
        Subd. 11. Contribution. (a) "Contribution" means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, or party unit; or 
        (b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, or party unit to which the loan or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made. 
        (c) "Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit, or; the publishing or broadcasting of news items or editorial comments by the news media; or an individual's unreimbursed personal use of an automobile owned by the individual while volunteering personal time
        Subd. 12. Depository. "Depository" means a bank, savings association, or credit union organized under federal or state law and transacting business within this state. 
        Subd. 13. Donation in kind. "Donation in kind" means anything of value that is given, other than money or negotiable instruments. An approved expenditure is a donation in kind. 
        Subd. 14. Repealed, 1976 c 307 s 35 
        Subd. 15. Election. "Election" means a primary, special primary, general, or special election. 
        Subd. 16. Election cycle. "Election cycle" means the period from January 1 following a general election for an office to December 31 following the next general election for that office, except that "election cycle" for a special election means the period from the date the special election writ is issued to 60 days after the special election is held. 
        Subd. 17. Financial institution. "Financial institution" means a lending institution chartered by an agency of the federal government or regulated by the commissioner of commerce. 
        Subd. 17a. Renumbered subd 30 
        Subd. 17b. Renumbered subd 34 
        Subd. 18. Independent expenditure. "Independent expenditure" means an expenditure expressly advocating the election or defeat of a clearly identified candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent. An independent expenditure is not a contribution to that candidate. An expenditure by a political party or political party unit in a race where the political party has a candidate on the ballot is not an independent expenditure  An independent expenditure does not include the act of announcing a formal public endorsement of a candidate for public office, unless the act is simultaneously accompanied by an expenditure that would otherwise qualify as an independent expenditure under this subdivision. 
        Subd. 19. Repealed by amendment, 1999 c 220 s 1 
        Subd. 20. Loan. "Loan" means an advance of money or anything of value made to a political committee, political fund, principal campaign committee, or party unit. 
        Subd. 21. Lobbyist. (a) "Lobbyist" means an individual: 
        (1) engaged for pay or other consideration of more than $3,000 from all sources in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials; or 
        (2) who spends more than $250, not including the individual's own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials. 
        (b) "Lobbyist" does not include: 
        (1) a public official; 
        (2) an employee of the state, including an employee of any of the public higher education systems; 
        (3) an elected local official; 
        (4) a nonelected local official or an employee of a political subdivision acting in an official capacity, unless the nonelected official or employee of a political subdivision spends more than 50 hours in any month attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit other than the political subdivision employing the official or employee, by communicating or urging others to communicate with public or local officials, including time spent monitoring legislative or administrative action, or the official action of a metropolitan governmental unit, and related research, analysis, and compilation and dissemination of information relating to legislative or administrative policy in this state, or to the policies of metropolitan governmental units; 
        (5) a party or the party's representative appearing in a proceeding before a state board, commission, or agency of the executive branch unless the board, commission, or agency is taking administrative action; 
        (6) an individual while engaged in selling goods or services to be paid for by public funds; 
        (7) a news medium or its employees or agents while engaged in the publishing or broadcasting of news items, editorial comments, or paid advertisements which directly or indirectly urge official action; 
        (8) a paid expert witness whose testimony is requested by the body before which the witness is appearing, but only to the extent of preparing or delivering testimony; or 
        (9) a party or the party's representative appearing to present a claim to the legislature and communicating to legislators only by the filing of a claim form and supporting documents and by appearing at public hearings on the claim. 
        (c) An individual who volunteers personal time to work without pay or other consideration on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause (2), need not register as a lobbyist. 
        (d) An individual who provides administrative support to a lobbyist and whose salary and administrative expenses attributable to lobbying activities are reported as lobbying expenses by the lobbyist, but who does not communicate or urge others to communicate with public or local officials, need not register as a lobbyist. 
        Subd. 22. Local official. "Local official" means a person who holds elective office in a political subdivision or who is appointed to or employed in a public position in a political subdivision in which the person has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of public money. 
        Subd. 23. Major political party. "Major political party" means a major political party as defined in section 200.02, subdivision 7. 
        Subd. 24. Metropolitan governmental unit.   "Metropolitan governmental unit" means any of the seven counties in the metropolitan area as defined in section 473.121, subdivision 2, a regional railroad authority established by one or more of those counties under section 398A.03, a city with a population of over 50,000 located in the seven-county metropolitan area, the Metropolitan Council, or a metropolitan agency as defined in section 473.121, subdivision 5a. 
        Subd. 25. Minor political party. "Minor political party" means a minor political party as defined in section 200.02, subdivision 23. 
        Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes: 
        (1) payment for accounting and legal services; 
        (2) return of a contribution to the source; 
        (3) repayment of a loan made to the principal campaign committee by that committee; 
        (4) return of a public subsidy; 
        (5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event; 
        (6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die; 
        (7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities; 
        (8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties; 
        (9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities; 
        (10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses; 
        (11) costs of child care for the candidate's children when campaigning; 
        (12) fees paid to attend a campaign school; 
        (13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first; 
        (14) interest on loans paid by a principal campaign committee on outstanding loans; 
        (15) filing fees; 
        (16) post-general election thank-you notes or advertisements in the news media; 
        (17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used; 
        (18) contributions to a party unit; 
        (19) payments for funeral gifts or memorials; 
        (20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents; 
        (21) costs associated with a candidate attending a political party state or national
convention in this state; and 
        (22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and
        
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check
        The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision. 
        A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services. 
        Subd. 27. Political committee. "Political committee" means an association whose major purpose is to influence the nomination or election of a candidate or to promote or defeat a ballot question, other than a principal campaign committee or a political party unit. 
        Subd. 28. Political fund. "Political fund" means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of a candidate or to promote or defeat a ballot question. 
        Subd. 29. Political party. "Political party" means a major political party or a minor political party. A political party is the aggregate of all its political party units in this state. 
        Subd. 30. Political party unit or party unit. "Political party unit" or "party unit" means the state committee or the party organization within a house of the legislature, congressional district, county, legislative district, municipality, or precinct. 
        Subd. 31. Political subdivision. "Political subdivision" means the Metropolitan Council, a metropolitan agency as defined in section 473.121, subdivision 5a, or a municipality as defined in section 471.345, subdivision 1. 
        Subd. 32. Population. "Population" means the population established by the most recent federal census, by a special census taken by the United States Bureau of the Census, by an estimate made by the Metropolitan Council, or by an estimate made by the state demographer under section 4A.02, whichever has the latest stated date of count or estimate. 
        Subd. 33. Principal. "Principal" means an individual or association that: 
        (1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist, compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or 
        (2) is not included in clause (1) and spends a total of at least $50,000 in any calendar year on efforts to influence legislative action, administrative action, or the official action of metropolitan governmental units, as described in section 10A.04, subdivision 6. 
        Subd. 34. Principal campaign committee. "Principal campaign committee" means a principal campaign committee formed under section 10A.105. 
        Subd. 35. Public official. "Public official" means any: 
        (1) member of the legislature; 
        (2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research; 
        (3) constitutional officer in the executive branch and the officer's chief administrative deputy; 
        (4) solicitor general or deputy, assistant, or special assistant attorney general; 
        (5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer; 
        (6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 
        (7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 
        (8) executive director of the State Board of Investment; 
        (9) deputy of any official listed in clauses (7) and (8); 
        (10) judge of the Workers' Compensation Court of Appeals; 
        (11) administrative law judge or compensation judge in the State Office of Administrative Hearings or referee in the Department of Employment and Economic Development; 
        (12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council; 
        (13) member or chief administrator of a metropolitan agency; 
        (14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety; 
        (15) member or executive director of the Higher Education Facilities Authority; 
        (16) member of the board of directors or president of Minnesota Technology, Inc.; or 
        (17) member of the board of directors or executive director of the Minnesota State High School League. 
        (18) member of the Minnesota Ballpark Authority established in section 473.755; 
        (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; 
        (20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13; or 
        (21) supervisor of a soil and water conservation district; or 
        (22) director of Explore Minnesota Tourism. 
        (23) citizen member of the Lessard Outdoor Heritage Council established in section
97A.056. (Note is effective November 15, 2008, if the constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters). 
        Subd. 36. State committee. "State committee" means the organization that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the political party at the state level. 
        Subd. 37. Independent expenditure political committee. “Independent expenditure political committee” means a political committee that makes only independent expenditures and disbursements permitted under section 10A.121, subdivision 1. 
        Subd. 38. Independent expenditure political fund. “Independent expenditure political fund” means a political fund that makes only independent expenditures and disbursements permitted under section 10A.121, subdivision 1.

History: 1974 c 470 s 1; 1975 c 271 s 6; 1976 c 307 s 1-4; 1978 c 463 s 1-18; 1979 c 59 s 1-3; 1980 c 509 s 1; 1980 c 587 art 2 s 1-7; 1980 c 607 art 14 s 45 subd 1; art 17 s 1-8; 1980 c 614 s 40; 1980 c 615 s 60; 1981 c 29 art 7 s 1; 1981 c 346 s 1; 1981 c 356 s 248; 1982 c 424 s 130; 1983 c 247 s 5,6; 1983 c 258 s 10; 1983 c 289 s 114 subd 1; 1984 c 619 s 11; 1984 c 640 s 32; 1984 c 654 art 3 s 13; 1984 c 655 art 1 s 92; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1Sp1986 c 3 art 1 s 2; 1987 c 186 s 15; 1988 c 686 art 1 s 40; 1989 c 209 art 1 s 1,2; 1989 c 334 art 6 s 1; 1990 c 562 art 8 s 2; 1990 c 608 art 1 s 1-5; art 3 s 1-3; 1991 c 233 s 109; 1991 c 322 s 19; 1991 c 349 s 1,2; 1993 c 13 art 1 s 1; 1993 c 318 art 2 s 1-4; 1994 c 483 s 1; 1994 c 628 art 3 s 2; 1995 c 189 s 8; 1995 c 202 art 1 s 25; 1996 c 277 s 1; 1997 c 129 art 2 s 15; 1997 c 202 art 2 s 63; 1998 c 254 art 2 s 3; 1999 c 220 s 1,50; 2000 c 260 s 2,3; 2002 c 363 s 1; 1Sp2003 c 1 art 2 s 18; 2004 c 206 s 52; 2005 c 156 art 5 s 1; art 6 s 1,2 ; 2008 c 295 s 1, 2; 2008 c 300 s 1; 2008 c 368 s 1; 2010 c 327 s 1, 2, 3, 4; 2010 c 397 s 1, 2, 3 

NOTES AND DECISIONS

10A.01 
        In order to avoid invalidation of statute on grounds that it is vague, overbroad, and regulates political speech in violation of the First Amendment, phrase “to influence the nomination or election of a candidate” in subds. 27 and 28 must be construed so as to mean that “political committee” is organization whose major purpose is nomination or election of candidate and that “political fund” is fund used for express advocacy. Minnesota Citizens Concerned for Life, Inc. v. Kelley, 291 F.Supp.2d 1052 (D. Minn. 2003). 
 

10A.03 LOBBYIST REGISTRATION. 
NEW LANGUAGE 2010

        Subdivision 1. First registration. A lobbyist must file a registration form with the board within five days after becoming a lobbyist or being engaged by a new individual, association, political subdivision, or public higher education system. 
        Subd. 2. Form. The board must prescribe a registration form, which must include: 
        (1) the name and, address, and e-mail address of the lobbyist; 
        (2) the principal place of business of the lobbyist; 
        (3) the name and address of each individual, association, political subdivision, or public higher education system, if any, by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears; and 
        (4) the web site address of each association, political subdivision, or public higher education system identified under part 3 of this subdivision if the entity maintains a web site; and
        (4) (5) a general description of the subject or subjects on which the lobbyist expects to lobby.
If the lobbyist lobbies on behalf of an association, the registration form must include the name and address of the officers and directors of the association. 
        Subd. 3. Failure to file. The board must send a notice by certified mail to any lobbyist who fails to file a registration form within five days after becoming a lobbyist. If a lobbyist fails to file a form within ten business days after the notice was sent, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the notice was sent. The board must send an additional notice by certified mail to a lobbyist who fails to file a form within 14 days after the first notice was sent by the board that the lobbyist may be subject to a civil penalty for failure to file the form. A lobbyist who fails to file a form within seven days after the second notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000. 
        Subd. 4. Publication. The restrictions of section 10.60 notwithstanding, the board may publish the information required in subdivision 2 on its web site. 
        Subd. 5. Exemptions. For good cause shown, the board must grant exemptions to the requirement that e-mail addresses be provided.
History: 1974 c 470 s 3; 1975 c 271 s 6;1978 c 463 s 28, 29; 1986 c 444; 1999 c 220 s 4, 50; 2002 c 363 s 5; 1 Sp 2003 c 1 art 2 s 21; 2010 c 327 s 5

 

10A.09 STATEMENTS OF ECONOMIC INTEREST
NEW LANGUAGE 2010
 

        Subdivision 1. Time for filing. Except for a candidate for elective office in the judicial branch, an individual must file a statement of economic interest with the board:
(1) within 60 days of accepting employment as a public official or a local official in a metropolitan governmental unit;
(2) within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective state office or an elective local office in a metropolitan governmental unit;
(3) in the case of a public official requiring the advice and consent of the senate, within 14 days after undertaking the duties of office; or
(4) in the case of members of the Minnesota Racing Commission, the director of the Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels, and stewards employed or approved by the commission or persons who fulfill those duties under contract, within 60 days of accepting or assuming duties. 
        Subd. 2. Notice to board. The secretary of state or the appropriate county auditor, upon receiving an affidavit of candidacy or petition to appear on the ballot from an individual required by this section to file a statement of economic interest, and any official who nominates or employs a public or local official required by this section to file a statement of economic interest, must notify the board of the name of the individual required to file a statement and the date of the affidavit, petition, or nomination. 
        Subd. 3. Notice of filing. The board must notify the presiding officer of the house that will approve or disapprove the nomination, of the name of an individual who has filed a statement of economic interest with the board, a copy of the statement, and the date on which the statement was filed. 
        Subd. 4. [Repealed, 1978 c 463 s 109] 
        Subd. 5. Form. A statement of economic interest required by this section must be on a form prescribed by the board. The individual filing must provide the following information: 
        (1) name, address, occupation, and principal place of business; 
        (2) the name of each associated business and the nature of that association; 
        (3) a listing of all real property within the state, excluding homestead property, in which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more; 
        (4) a listing of all real property within the state in which a partnership of which the individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more. A listing under clause (3) or (4) must indicate the street address and the municipality or the section, township, range and approximate acreage, whichever applies, and the county in which the property is located; and 
        (5) a listing of any investments, ownership, or interests in property connected with pari-mutuel horse racing in the United States and Canada, including a race horse, in which the individual directly or indirectly holds a partial or full interest or an immediate family member holds a partial or full interest. 
        Subd. 6. Supplementary statement. Each individual who is required to file a statement of economic interest must file a supplementary statement on April 15 of each year that the individual remains in office if information on the most recently filed statement has changed. The supplementary statement, if required, must include the amount of each honorarium in excess of $50 received since the previous statement and the name and address of the source of the honorarium. The board must maintain a statement of economic interest submitted by an officeholder in the same file with the statement submitted as a candidate. 
        Subd. 6a. Local officials. A local official required to file a statement under this section must file it with the governing body of the official's political subdivision. The governing body must maintain statements filed with it under this subdivision as public data. 
        Subd. 7. Late filing. The board must send a notice by certified mail to any individual who fails within the prescribed time to file a statement of economic interest required by this section. If an individual fails to file a statement of economic interest required by this section within ten business days after the notice was sent statement was due, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day after the notice was sent statement was due. The board must send an additional notice by certified mail to any individual who fails to file a statement within 14 ten business days after the first notice was sent by the board statement was due that the individual may be subject to a civil penalty for failure to file a statement. An individual who fails to file a statement within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board up to $1,000. 
        Subd. 8. Failure to file; suspension. A public official, except a member of the legislature or a constitutional officer, who is required to file a statement of economic interest and fails to do so by the prescribed deadline must be suspended without pay by the board in the manner prescribed in the contested case procedures in chapter 14.

History: 1974 c 470 s 9; 1975 c 271 s 6; 1976 c 307 s 11; 1978 c 463 s 35-37; 1982 c 424 s 130; 1983 c 214 s 30,31; 1983 c 305 s 3,4; 1986 c 444; 1989 c 334 art 6 s 2; 1990 c 608 art 2 s 2-4; 1991 c 233 s 109; 1997 c 202 art 2 s 6; 1999 c 220 s 12,50; 2002 c 363 s 10; 2010 c 327 s 10 

10A.121 INDEPENDENT EXPENDITURE POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS. 
NEW LANGUAGE 2010


        Subdivision 1. Permitted disbursements. An independent expenditure political committee or an independent expenditure political fund, in addition to making independent expenditures, may: 
        (1) pay costs associated with its fund-raising and general operations; 
        (2) Pay for communications that do not constitute contributions or approved expenditures; and 
        (3) Make contributions to other independent expenditure political committees or independent expenditure political funds. 
        Subd. 2. Penalty. (a) An independent expenditure political committee or independent expenditure political fund is subject to a civil penalty of up to four times the amount of the contribution or approved expenditure if it does the following: 
        (1) makes a contribution to a candidate, party unit, political committee, or political fund other than an independent expenditure political committee or an independent expenditure political fund; or 
        (2) makes an approved expenditure. 
        (b) No other penalty provided in law may be imposed for conduct that is subject to a civil penalty under this section.


History: 2010 c 397 s 6 
 

10A.31 DESIGNATION OF INCOME TAX PAYMENTS. 
NEW LANGUAGE 2010


        Subdivision 1. Designation. An individual resident of this state who files an income tax return or a renter and homeowner property tax refund return with the commissioner of revenue may designate on their original return that $5 be paid from the general fund of the state into the state elections campaign fund. If a husband and wife file a joint return, each spouse may designate that $5 be paid. No individual is allowed to designate $5 more than once in any year. The taxpayer may designate that the amount be paid into the account of a political party or into the general account. 
        Subd. 2. [Repealed by amendment, 1999 c 220 s 39] 
        Subd. 3. Form. The commissioner of revenue must provide on the first page of the income tax form and the renter and homeowner property tax refund return a space for the individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund of the state to finance election campaigns. The form must also contain language prepared by the commissioner that permits the individual to direct the state to pay the $5 (or $10 if filing a joint return) to: (1) one of the major political parties; (2) any minor political party that qualifies under subdivision 3a; or (3) all qualifying candidates as provided by subdivision 7. The renter and homeowner property tax refund return must include instructions that the individual filing the return may designate $5 on the return only if the individual has not designated $5 on the income tax return. 
        Subd. 3a. Qualification of political parties. (a) A major political party qualifies for inclusion on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies as a major political party by July 1 of the taxable year. 
        (b) A minor political party qualifies for inclusion on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1 of the taxable year. 
        (c) The secretary of state shall notify each major and minor political party by the first Monday in January of each odd-numbered year of the conditions necessary for the party to participate in income tax form and property tax refund return programs. 
        (d) The secretary of state shall notify each political party, the commissioner of revenue, and the Campaign Finance and Public Disclosure Board by July 1 of each year and following certification of the results of each general election of the political parties that qualify for inclusion on the income tax form and property tax refund return as provided in subdivision 3. 
        Subd. 4. Appropriation. (a) The amounts designated by individuals for the state elections campaign fund, less three percent, are appropriated from the general fund, must be transferred and credited to the appropriate account in the state elections campaign fund, and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund for administrative costs. 
        (b) In addition to the amounts in paragraph (a), $1,020,000 for each general election is appropriated from the general fund for transfer to the general account of the state elections campaign fund. 
        Subd. 5. Allocation. 
        (a) General account. In each calendar year the money in the general account must be allocated to candidates as follows: 
        (1) 21 percent for the offices of governor and lieutenant governor together; 
        (2) 4.2 percent for the office of attorney general; 
        (3) 2.4 percent each for the offices of secretary of state and state auditor; 
        (4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative; and 
        (5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative. 
        (b) Party account. In each calendar year the money in each party account must be allocated as follows: 
        (1) 14 percent for the offices of governor and lieutenant governor together; 
        (2) 2.8 percent for the office of attorney general; 
        (3) 1.6 percent each for the offices of secretary of state and state auditor; 
        (4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative; 
        (5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative; and 
        (6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third of any amount in excess of that allocated to the state committee of a political party under this clause must be allocated to the office of state senator and two-thirds must be allocated to the office of state representative under clause (4). 
        Money allocated to each state committee under clause (6) must be deposited in a separate account and must be spent for only those items enumerated in section 10A.275. Money allocated to a state committee under clause (6) must be paid to the committee by the board as it is received in the account on a monthly basis, with payment on the 15th day of the calendar month following the month in which the returns were processed by the Department of Revenue, provided that these distributions would be equal to 90 percent of the amount of money indicated in the Department of Revenue's weekly unedited reports of income tax returns and property tax refund returns processed in the month, as notified by the Department of Revenue to the board. The amounts paid to each state committee are subject to biennial adjustment and settlement at the time of each certification required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments received by a state committee for the period reflected on a certification by the Department of Revenue is different from the amount that should have been received during the period according to the certification, each subsequent monthly payment must be increased or decreased to the fullest extent possible until the amount of the overpayment is recovered or the underpayment is distributed. 
        Subd. 5a. Party account for legislative candidates.
To ensure that money will be returned to the counties from which it was collected and to ensure that the distribution of money rationally relates to the support for particular parties or for particular candidates within legislative districts, money from the party accounts for legislative candidates must be distributed as provided in this subdivision. 
        Each candidate for the state senate and state house of representatives whose name is to appear on the ballot in the general election must receive money from the candidate's party account allocated to candidates for the state senate or state house of representatives, whichever applies, according to the following formula: 
        For each county within the candidate's district, the candidate's share of the dollars designated by taxpayers who resided in that county and credited to the candidate's party account and allocated to that office must be: 
        (1) the sum of the votes cast in the last general election in that part of the county in the candidate's district for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, divided by 
        (2) the sum of the votes cast in the entire county in the last general election for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, multiplied by 
        (3) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office.
The sum of all the county shares calculated in the formula above is the candidate's share of the candidate's party account. 
        In a year in which an election for the state senate occurs, with respect to votes for candidates for the state senate only, "last general election" means the last general election in which an election for the state senate occurred. 
        For a party under whose name no candidate's name appeared on the ballot statewide in the last general election, amounts in the party's account must be allocated based on (i) the number of people voting in the last general election in that part of the county in the candidate's district, divided by (ii) the number of the people voting in the entire county in the last general election, multiplied by (iii) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office. 
        In the first general election after the legislature is redistricted, "the candidate's district" means the newly drawn district and voting data from the last general election must be applied to the area encompassing the newly drawn district, notwithstanding that the area was in a different district in the last general election. 
        If in a district there was no candidate of a party for the state senate or state house of representatives in the last general election, or if a candidate for the state senate or state house of representatives was unopposed, the vote for that office for that party is the average vote of all the remaining candidates of that party in each county of that district whose votes are included in the sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2) before the calculation is made for all districts in the county. 
        Subd. 6. Distribution of party accounts. As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue on September 1 one week before the state primary, to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. If a candidate files the affidavit required by section 10A.323 after September 1 of the general election year, the board must pay the candidate's allocation to the candidate at the next regular payment date for public subsidies for that election cycle that occurs at least 15 days after the candidate files the affidavit. 
        Subd. 6a. Party account money not distributed. Money from a party account not distributed to candidates for state senator or representative in any election year must be returned to the general fund of the state, except that the subsidy from the party account an unopposed candidate would otherwise have been eligible to receive must be paid to the state committee of the candidate's political party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used for only those items permitted under section 10A.275. Money from a party account not distributed to candidates for other offices in an election year must be returned to the party account for reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year. 
        Subd. 7. Distribution of general account. (a) As soon as the board has obtained the results of the primary election from the secretary of state, but no later than one week after certification of the primary results by the State Canvassing Board, the board must distribute the available money in the general account, as certified by the commissioner of revenue on September 1 and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major political party whose names are to appear on the ballot in the general election and who: 
        (1) have signed a spending limit agreement under section 10A.322; 
        (2) have filed the affidavit of contributions required by section 10A.323; and 
        (3) were opposed in either the primary election or the general election. 
        (b) The public subsidy under this subdivision may not be paid in an amount that would cause the sum of the public subsidy paid from the party account plus the public subsidy paid from the general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid to a candidate because of the 50 percent limit must be distributed equally among all other qualifying candidates for the same office until all have reached the 50 percent limit or the balance in the general account is exhausted. 
        (c) A candidate must expend or become obligated to expend at least an amount equal to 50 percent of the money distributed by the board under this subdivision no later than the end of the final reporting period preceding the general election. Otherwise, the candidate must repay to the board the difference between the amount the candidate spent or became obligated to spend by the deadline and the amount distributed to the candidate under this subdivision. The candidate must make the repayment no later than six months following the general election. The candidate must reimburse the board for all reasonable costs, including litigation costs, incurred in collecting any amount due.
If the board determines that a candidate has failed to repay money as required by this paragraph, the board may not distribute any additional money to the candidate until the entirety of the repayment has been made. 
        Subd. 7a. Withholding of Public subsidy. If a candidate who is eligible for payment of public subsidy under this section has not filed the report of receipts and expenditures required under section 10A.20 before a primary election, any public subsidy for which that candidate is eligible must be withheld by the board until the candidate complies with the filing requirements of section 10A.20 and the board has sufficient time to review or audit the report. If a candidate who is eligible for public subsidy does not file the report due before the primary election under section 10A.20 by the date that the report of receipts and expenditures filed before the general election is due, that candidate shall not be paid public subsidy for that election.
        Subd. 8. [Repealed, 1993 c 318 art 2 s 51] 
        Subd. 9. [Repealed, 1993 c 318 art 2 s 51] 
        Subd. 10. December distribution. In the event that on the date of either certification by the commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns have been processed, the commissioner of revenue must certify to the board by December 1 the amount accumulated in each account since the previous certification. By December 15, the board must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts to which the candidates are entitled. 
        Subd. 10a. Form of distribution. A distribution to a candidate must be in the form of a check made "payable to the campaign fund of ......(name of candidate)......." 
        Subd. 10b. Remainder. Money accumulated after the final certification must be kept in the respective accounts for distribution in the next general election year. 
        Subd. 11. Write-in candidate.
For the purposes of this section, a write-in candidate is a candidate only upon complying with sections 10A.322 and 10A.323. 
        Subd. 12. [Repealed by amendment, 1999 c 220 s 39]

History: 1974 c 470 s 31; 1975 c 271 s 6; 1976 c 307 s 26-33; 1978 c 463 s 87-95; 1980 c 587 art 3 s 4-6; 1981 c 343 s 1; 1982 c 523 art 5 s 1; 1983 c 216 art 1 s 2; 1984 c 502 art 2 s 1,2; 1984 c 514 art 2 s 1; 1985 c 248 s 3; 1Sp1985 c 14 art 1 s 1,2; 1986 c 444; 1987 c 268 art 1 s 1-3; 1988 c 686 art 1 s 42; 1Sp1989 c 1 art 10 s 1; 1990 c 480 art 5 s 1; 1991 c 199 art 2 s 1; 1991 c 349 s 19,20; 1992 c 513 art 3 s 20; 1993 c 13 art 2 s 1; 1993 c 318 art 2 s 33-36; 1Sp1993 c 3 s 3,4; 1996 c 471 art 1 s 1; 1997 c 202 art 2 s 63; 1999 c 220 s 39,50; 2000 c 467 s 1; 1Sp2001 c 10 art 18 s 1,2; 2002 c 363 s 38; 2004 c 277 s 1; 2005 c 156 art 6 s 9,10; 2009 c 101 art 2 s 18; 2010 c 184 s 1; 2010 c 327 s 20 

 

10A.321 ESTIMATES OF MIMIMUM AMOUNTS TO BE RECEIVED.
NEW LANGUAGE 2010
 
        Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before July 1 the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7 may receive from the candidate’s party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed. 
        Subd. 2 Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within seven days one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. By August 15, Within two weeks after the last day for filing for office, the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

History: 1990 c 608 art 3 s 23; 1999 c 220 s 41, 50; 2010 c 184 s 2 

10A.322 SPENDING LIMIT AGREEMENTS.
NEW LANGUAGE 2010
 
        Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. 
        (b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by September 1 preceding the candidate’s general election or a special election held at the general election at least three weeks before the candidate’s state primary. An agreement may not be filed after that date. An agreement once filed may not be rescinded. 
        (c) The board must notify the commissioner of revenue of any agreement signed under this subdivision. 
        (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office close of the filing period for the special election for which the candidate filed
        Subd. 2. How long agreement is effective. The agreement, insofar as it relates to the expenditure limits in section 10A.25, as adjusted by section 10A.255, and the contribution limit in section 10A.27, subdivision 10, remains effective for candidates until the dissolution of the principal campaign committee of the candidate or the end of the first election cycle completed after the agreement was filed, whichever occurs first. 
        Subd. 3. [Repealed by amendment, 1999 c 220 s 42] 
        Subd. 4. Refund receipt forms; penalty. The board must make available to a political party on request and to any candidate for whom an agreement under this section is effective, a supply of official refund receipt forms that state in boldface type that (1) a contributor who is given a receipt form is eligible to claim a refund as provided in section 290.06, subdivision 23, and (2) if the contribution is to a candidate, that the candidate has signed an agreement to limit campaign expenditures as provided in this section. The forms must provide duplicate copies of the receipt to be attached to the contributor’s claim. A candidate who does not sign an agreement under this section and who willfully issues an official refund receipt form or a facsimile of one to any of the candidate’s contributors is guilty of a misdemeanor.

History: 1990 c 608 art 3 s 24; 1991 c 291 art 6 s 1,2; 1993 c 318 art 2 s 39, 40; 1999 c 220 s 42, 50; 2002 c 363 s 39; 2008 c 295 s 6; 2010 c 184 s 3; 2010 c 327 s 21 

 

10A.323 AFFIDAVIT OF CONTRIBUTIONS.
NEW LANGUAGE 2010
 

        In addition to the requirements of section 10a.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate’s treasurer must file an affidavit with the board stating that during that calendar year between January 1 of the election previous year and cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor: 
        (1) candidates for governor and lieutenant governor running together, $35,000; 
        (2) candidates for attorney general, $15,000; 
        (3) candidates for secretary of state and state auditor, separately, $6,000; 
        (4) candidates for the senate, $3,000; and 
        (5) candidates for the house of representatives, $1,500. 
        The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50. 
        The candidate or the candidate’s treasurer must submit the affidavit required by this section to the board in writing by the cutoff date deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4. 
        A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy the close of the filing period for the special election for which the candidate filed.

History: 1990 c 608 art 3 s 25; 1993 c 318 art 2 s 41; 1998 c 254 art 1 s 1; 1999 c 220 s 43, 50; 2002 c 363 s 40; 2008 c 295 s 7; 2010 c 184 s 4; 2010 c 327 s 22; 2010 c 397 s 14 
 

10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS. 

        (a) This section applies to a campaign advertisement by a candidate who is governed
by an agreement under section 10A.322. 
        (b) "Campaign advertisement" means a professionally produced visual or audio
recording of two minutes or less produced by the candidate for the purpose of influencing
the nomination or election of a candidate. 
        (c) A campaign advertisement that is disseminated as an advertisement by broadcast
or cable television must include closed captioning for deaf and hard-of-hearing viewers,
unless the candidate has filed with the board before the advertisement is disseminated a
statement setting forth the reasons for not doing so. A campaign advertisement that is
disseminated as an advertisement to the public on the candidate's Web site must include
closed captioning for deaf and hard-of-hearing viewers, unless the candidate has posted
on the Web site a transcript of the spoken content of the advertisement or the candidate
has filed with the board before the advertisement is disseminated a statement setting forth
the reasons for not doing so. A campaign advertisement must not be disseminated as an
advertisement by radio unless the candidate has posted on the candidate's Web site a
transcript of the spoken content of the advertisement or the candidate has filed with the
board before the advertisement is disseminated a statement setting forth the reasons for
not doing so.

History: 2008 c 295 s 8

 

13.37 GENERAL NONPUBLIC DATA. 

        Subdivision 1. Definitions. As used in this section, the following terms have the meanings given them. 
        (a) "Security information" means government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers. 
        (b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 
        (c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position. 
        (d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, work telephone number, and location of the parking space. 
        Subd. 2. Classification. The following government data is classified as nonpublic data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as private data with regard to data on individuals, pursuant to section 13.02, subdivision 12: Security information; trade secret information; sealed absentee ballots prior to opening by an election judge; sealed bids, including the number of bids received, prior to the opening of the bids; parking space leasing data; and labor relations information, provided that specific labor relations information which relates to a specific labor organization is classified as protected nonpublic data pursuant to section 13.02, subdivision 13. 
        Subd. 3. Data dissemination. (a) Crime prevention block maps and names, home addresses, and telephone numbers of volunteers who participate in community crime prevention programs may be disseminated to volunteers participating in crime prevention programs. The location of a National Night Out event is public data. 
        (b) The responsible authority of a government entity in consultation with the appropriate chief law enforcement officer, emergency manager, or public health official, may make security information accessible to any person, entity, or the public if the government entity determines that the access will aid public health, promote public safety, or assist law enforcement.

History: 1980 c 603 s 15; 1981 c 311 s 11,39; 1982 c 545 s 24; 1984 c 436 s 15; 1985 c 248 s 4; 1990 c 573 s 3,4; 1996 c 440 art 1 s 5,6; 1997 c 111 s 6; 1998 c 371 s 1; 1Sp2003 c 8 art 2 s 7; 2005 c 163 s 33-35 
 

13.607 ETHICS AND ELECTIONS DATA CODED ELSEWHERE. (Formerly 13.99)
NEW LANGUAGE 2010

        Subdivision 1. Scope. The sections referred to in subdivisions 2 to 7 this section are codified outside this chapter. Those sections classify campaign, ethics, and election data as other than public, place restrictions on access to government data, or involve data sharing. 
        Subd. 2. Campaign Finance and Public Disclosure Board information. Disclosure by the Campaign Finance and Public Disclosure Board of information about a complaint or investigation is governed by section 10A.02, subdivision 11. 
        Subd. 3. Ethical practices investigation data. The record of certain investigations conducted under chapter 10A is classified, and disposition of certain information is governed, by section 10A.02, subdivision 11a. 
        Subd. 4 . Campaign Finance and Public Disclosure Board opinions. A request for a Campaign Finance and Public Disclosure Board advisory opinion and the opinion itself are classified under section 10A.02, subdivision 12. 
        Subd. 5. Statements of economic interest. Disclosure of statements of economic interest filed by local officials is governed by section 10A.09, subdivision 6a. 
        Subd. 5a. Campaign reports. Certain reports filed with the Campaign Finance and Public Disclosure Board are classified under section 10A.20. 
        Subd. 6. Registered voter lists. Access to registered voter lists is governed by section 201.091. 
        Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee ballots is governed by section 203B.12, subdivision 7. 
        Subd. 8. Candidates for office: address of residence. The address of residence of certain candidates for office is classified as provided in section 204B.06, subdivision 1b.

History: 1991 c 106 s 6; 1992 c 511 art 7 s 1; 1992 c 569 s 4; 1993 c 13 art 1 s 12; 1993 c 65 s 1; 1993 c 177 s 1; 1993 c 240 s 1; 1993 c 326 art 2 s 1; 1993 c 345 art 3 s 18; 1993 c 351 s 20-22; 1994 c 483 s 1; 1994 c 589 s 1; 1994 c 616 s 1; 1994 c 618 art 1 s 17; art 2 s 9-64; 1994 c 632 art 2 s 10; art 3 s 17; 1994 c 636 art 4 s 4; 1995 c 142 s 1; 1995 c 155 s 1,2; 1995 c 186 s 8; 1995 c 212 art 3 s 59; 1995 c 229 art 4 s 3; 1995 c 234 art 5 s 1; 1995 c 259 art 1 s 27; art 4 s 4; art 5 s 1-51; 1996 c 305 art 1 s 3-5; 1996 c 334 s 1; 1996 c 408 art 9 s 1; 1996 c 415 s 1; 1996 c 440 art 1 s 18; art 2 s 1-14; 1996 c 471 art 7 s 1; 1997 c 7 art 1 s 3; 1997 c 22 art 2 s 1,8; 1997 c 66 s 79; 1997 c 129 art 2 s 15; 1997 c 193 s 1; 1997 c 199 s 14; 1997 c 202 art 2 s 63; 1997 c 203 art 6 s 2; 1997 c 215 s 1; 1997 c 218 s 1; 1997 c 239 art 8 s 1; 1Sp1997 c 3 s 8-18; 1998 c 273 s 1; 1998 c 361 s 1; 1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s 22; 1999 c 245 art 9 s 1,2; 2010 c 314 s 1; 2010 c 327 s 24  

 

43A.32 POLITICAL ACTIVITIES.

        Subdivision 1. Prohibition. No employee shall, directly or indirectly, during hours of employment solicit or receive funds for political purposes, or use official authority or influence to compel an employee in the classified service to apply for membership in or become a member of any political organization, to pay or promise to pay any assessment, subscription, or contribution or to take part in any political activity. 
        Subd. 2. Leaves of absence for elected public officials, candidates. Except as herein provided any officer or employee in the classified service shall: 
        (a) Take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session; 
        (b) Take leave of absence upon assuming any elected public office other than enumerated in clause (a), if, in the opinion of the commissioner, the holding of the office conflicts with regular state employment; and 
        (c) Upon request, be granted leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office. 
        All requests for opinions of the commissioner and all opinions from the commissioner under the provisions of clause (b) shall be in writing and shall be delivered by mail or by use of a facsimile machine. 
        The commissioner shall issue an opinion under the provisions of clause (b) within seven calendar days of receipt of the request. 
        Subd. 3. Leave of absence. No executive branch officer or employee in the unclassified service who is covered by a collective bargaining agreement, and no executive branch officer or employee in the classified service, may be required to take a leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office. Said officers and employees shall take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session.

History: 1981 c 210 s 32; 1986 c 444; 1987 c 281 s 1,2; 1994 c 429 s 4

NOTES AND DECISIONS

43A.32
        County personnel policy requiring county employee to take unpaid leave during campaign for elected office was deprivation of property interest, but employee had no due process right to hearing before being placed on leave. Martin v. Itasca County, 448 N.W.2d 368 (Minn. 1989).

 

103C.301 INITIAL ELECTION OF SUPERVISORS.

        Subdivision 1. Nominating petitions. Within 30 days after the date that the secretary of state issues a certificate of organization of a district, or during additional time as the state board may allow, nominating petitions may be filed with the state board nominating legal voters as candidates for election as supervisors. Three supervisors shall be elected for terms to expire on December 31 following the second general election after their initial election. Each petition must be signed by one or more legal voters of the district. If a person signs petitions nominating more than three candidates, the signature may not be counted on any petition. 
        Subd. 2. Notice of election. The state board shall give due notice of the time and place where the election will be held in the district and specify in the notice the names of all candidates and the terms for which they are nominated. 
        Subd. 3. Ballots. The state board shall prepare ballots for the election with the surnames of the candidates printed in alphabetical order for each term, a square before each name, and a direction to insert an X mark in the square before three names with different terms to indicate the voter's choice. 
        Subd. 4. Voting. All legal voters shall be eligible to vote at the election. 
        Subd. 5. Election. The three candidates who receive the highest numbers respectively of the votes cast for each of three positions at the election shall be the elected supervisors. In case of a tie, the election shall be determined by lot, under the direction of the state board. The state board shall supervise the election, pay expenses of the election, prescribe rules for the election, determine the eligibility of voters, and publish the results. 
        Subd. 6. Elected supervisor term. Except to fill a vacancy or for initial elections, supervisors shall be elected for four-year terms.

History: 1990 c 391 art 3 s 13; 1997 c 173 s 1,2 
 

103C.305 GENERAL ELECTION OF SUPERVISORS.

        Subdivision 1. Time for election. Except for elections under section 103C.301 held after the organization of the district, elections must be held at the state general election specified in section 204D.03, subdivision 2. A primary may not be held. 
        Subd. 2. Filing for office; affidavit of candidacy. A candidate for the office of supervisor shall file an affidavit of candidacy with the county auditor of the county in which the district office is located during the period provided for filing affidavits of candidacy for county offices in section 204B.09, subdivision 1. The county auditor accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates for supervisor to the auditor of any other county in which the office is voted on. 
        Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of candidates shall be placed on the “canary ballot” described in section 204D.11, subdivision 3. The office title printed on the ballot must be either "Soil and Water Conservation District Supervisor" or "Conservation District Supervisor," based upon the district from which the supervisor is to be elected. 
        Subd. 4. Election. Laws relating to elections for county office shall govern to the extent that they are consistent with this section and section 103C.311. The county auditor shall certify the result to the state board. If the district includes land in more than one county, the county auditor shall immediately certify to the state board the vote, as shown by the report of the county canvassing board, for candidates voted for in more than one county. In the latter case, the state board shall certify and publish the result. 
        Subd. 5. Election within areas governed by Indian tribes. In a district where a supervisor nomination district is entirely within lands of an American Indian tribe or band to which county election laws do not apply, a supervisor to represent the district shall be elected or appointed as provided by the governing body of the tribe or band. 
        Subd. 6. Vacancy. (a) If a vacancy occurs in the office of an elected supervisor more than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The supervisor appointed shall hold office until the first Monday in January following the next general election. A successor shall be elected at the general election following the appointment and hold office for the remainder of the term or for the next regular term, whichever is appropriate. 
        (b) If a vacancy occurs less than 56 days before the next state primary, the district board shall fill the vacancy by appointment. The appointed supervisor shall hold office until the expiration of the term or until the first Monday in January following the second succeeding general election, whichever is shorter. A successor shall be elected at the general election preceding expiration of the appointed term and hold office for the remainder of the term or for the next regular term, whichever is appropriate. 
        (c) All terms under this subdivision continue until a successor has been elected and has qualified.

History: 1990 c 391 art 3 s 14; 1994 c 646 s 1; 1997 c 173 s 3; 2000 c 467 s 2; 2008 c 244 art 1 s 1

NOTES AND DECISIONS

103C.305 
        Person must be legal voter of soil conservation district to be elected supervisor. Op. Atty. Gen. 705A-3, March 31, 1954.

 

103C.311 FORMATION OF SUPERVISOR DISTRICTS.

        Subdivision 1. Supervisors elected at large. (a) The district board, after the initial election has been held, shall, with the approval of the state board, divide a district into five supervisor districts for purposes of nomination for election. At each election after the division, one or more supervisors shall be nominated from each supervisor district. A supervisor must be a resident of the supervisor district to be elected. 
        (b) If the boundary of a soil and water conservation district has been substantially changed by a division of the district, the district shall be divided into five supervisor districts for nomination purposes. 
        (c) This subdivision does not disqualify a supervisor during the term for which the supervisor was elected or nominated for election. Supervisors nominated from the supervisor districts shall be included on the ballot for election from the entire area included in the soil and water conservation district. 
        (d) A certified copy of the minutes or the resolution of the supervisors establishing supervisor districts must be promptly filed by the chair of the district board with the county auditor of the counties where the district is located and with the state board. 
        Subd. 2. Supervisors elected by districts. (a) In the counties of Ramsey and Washington, the district board, with the approval of the state board, may by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision. 
        (b) The supervisor districts must be composed of precincts established by county and municipal governing bodies under section 204B.14. The districts must be compact, include only contiguous territory, and be substantially equal in population. The districts must be numbered in a regular series. The districts must be drawn by the county board of the county containing the largest area of the soil and water conservation district, in consultation with the district board and with the approval of the state board. The boundaries of the districts must be redrawn after each decennial federal census as provided in section 204B.135. A certified copy of the resolution establishing supervisor districts must be filed by the chair of the district board with the county auditor of the counties where the soil and water conservation district is located, with the state board, and with the secretary of state at least 30 days before the first date candidates may file for the office of supervisor. 
        (c) Each supervisor district is entitled to elect one supervisor. A supervisor must be a resident of the district from which elected. 
        (d) The district board shall provide staggered terms for supervisors elected by district. After each redistricting, there shall be a new election of supervisors in all the districts at the next general election, except that if the change made in the boundaries of a district is less than five percent of the average population of all the districts, the supervisor in office at the time of the redistricting shall serve for the full term for which elected. The district board shall determine by lot the seats to be filled for a two year term, a four year term, and a six year term. 
 
History: 1990 c 391 art 3 s 15; 1997 c 130 s 1; 1997 c 173 s 4; 1Sp2001 c 10 art 18 s 3

 

103C.315 SUPERVISORS.

        Subdivision 1. Members. (a) The district board shall consist of five supervisors, elected or appointed as provided in sections 103C.201, subdivision 8, 103C.301, and 103C.305. 
        (b) Supervisors must be legal voters residing in the district. 
        Subd. 2. Terms. The two supervisors appointed by the state board upon the establishment of a district serve terms ending on the first Monday in January following the next general election after their appointment. Their successors shall be elected for terms of four years commencing on the first Monday in January and until a successor is elected or appointed and has qualified. Vacancies in the office of supervisor appointed by the state board shall be filled by the state board. 
        Subd. 3. Quorum. A majority of the supervisors is a quorum and the concurrence of a majority in any matter is required for its determination except as otherwise expressly provided. 
        Subd. 4. Compensation. A supervisor shall receive compensation for services as the state board may determine, and may be reimbursed for expenses, including traveling expenses, necessarily incurred in the discharge of duties. A supervisor may be reimbursed for the use of the supervisor’s own automobile in the performance of official duties at a rate up to the maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code. 
        Subd. 5. Removal of supervisor. A supervisor may be removed by the state board upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. 
        Subd. 6. Compatible offices. The office of soil and water conservation district supervisor and the offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. The office of soil and water conservation district supervisor and the office of town clerk or town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. A person holding both offices shall refrain from voting or taking any other formal action on any matter coming before the soil and water conservation district board or the city council or town board that has a substantial effect on both the soil and water conservation district and the city or town. This subdivision does not apply to an office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington county.

History:
1990 c 391 art 3 s 16; 1995 c 222 s 1; 1997 c 173 s 5; 1998 c 401 s 35; 2000 c 467 s 3

 

123A.48 CONSOLIDATION

        Subd. 2. Resolution. (a) Upon a resolution of a board in the area proposed for consolidation or upon receipt of a petition therefore executed by 25 percent of the voters resident in the area proposed for consolidation or by 50 such voters, whichever is less, the county auditor of the county which contains the greatest land area of the proposed new district shall prepare a plat. The resolution or petition must show the approximate area proposed for consolidation. 
        (b) The resolution or petition may propose the following: 
        (1) that the bonded debt of the component districts will be paid according to the levies previously made for that debt under chapter 475, or that the taxable property in the newly created district will be taxable for the payment of all or a portion of the bonded debt previously incurred by any component district as provided in subdivision 18; 
        (2) that obligations for a capital loan or an energy loan made according to section 216C.37 or sections 298.292 to 298.298 outstanding in a preexisting district as of the effective date of consolidation remain solely with the preexisting district that obtained the loan, or that all or a portion of the loan obligations will be assumed by the newly created or enlarged district and paid by the newly created or enlarged district on behalf of the preexisting district that obtained the loan; 
        (3) that referendum levies previously approved by voters of the component districts pursuant to section 126C.17, subdivision 9, or its predecessor provision, be combined as provided in section 123A.73, subdivision 4 or 5, or that the referendum levies be discontinued; 
        (4) that the board of the newly created district consist of the number of members determined by the component districts, which may be six or seven members elected according to subdivision 20, or any number of existing school board members of the component districts, and a method to gradually reduce the membership to six or seven; or 
        (5) that separate election districts from which 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 be established. 
        The resolution must provide for election of board members from one of the following options: single-member districts; multimember districts; at large; or a combination of these options. The resolution must include a plan for the orderly transition to the option chosen. 
        A group of districts that operates a cooperative secondary facility funded under section 123A.443 may also propose a temporary board structure as specified in section 123A.443, subdivision 9. 
        If a county auditor receives more than one request for a plat and the requests involve parts of identical districts, the auditor shall prepare a plat which in the auditor’s opinion best serves the educational interests of the inhabitants of the districts or areas affected. 
        (c) The plat must show: 
        (1) Boundaries of the proposed district, as determined by the county auditor, and present district boundaries, 
        (2) The location of school buildings in the area proposed as a new district and the location of school buildings in adjoining districts, 
        (3) The boundaries of any proposed separate election districts, and 
        (4) Other pertinent information as determined by the county auditor. 
        Subd. 3. Designated county auditor duties. The county auditor of the county containing the greatest land area of the area proposed to be consolidated shall perform the duties provided by this section. 
        Subd. 4. Orderly reduction plan. As part of the resolution required by subdivision 2, the board must prepare a plan for the orderly reduction of the membership of the board to six or seven members and a plan for the establishment or dissolution of election districts. The plan may shorten any or all terms of incumbent board members to achieve the orderly reduction. The plan must be submitted to the secretary of state for review and comment. 
        Subd. 10. District board adoption of proposed plat. The board of any independent district maintaining a secondary school, the board of any common district maintaining a secondary school, all or part of whose land is included in the proposed new district, must, within 45 days of the approval of the plat by the commissioner, either adopt or reject the plan as proposed in the approved plat. If the board of any such district entitled to act on the petition rejects the proposal, the proceedings are terminated and dismissed. If any board fails to act on the plat within the time allowed, the proceedings are terminated. If any school board is unable to obtain a majority of its members’ votes to accept or reject the plat and plan, a petition of residents of the district unable to obtain a majority of votes equal to 20 percent of the votes cast in the last school district general election in that district may be submitted to the county auditor requesting a public vote to accept or reject the plat and plan. The vote shall be scheduled on the next available election date. The county auditor shall notify the commissioner of the scheduled vote, conduct the election in that district and certify the results of the election to the commissioner. Other affected school boards that approve the plat and plan may choose to hold an election. If elections are conducted in each affected school district, results shall be separate and a majority vote to approve the plat and plan must be reached in each of the affected districts. If the plat and plan are rejected by the voters, a new plat and plan cannot be submitted, except by school board resolution in a district where the plat and plan were rejected, until January 1 of the year following the next school district general election. 
        Subd. 19. Bonds; election. The board of the newly created district, when constituted as provided in Minnesota Statutes 1990, section 122.23, subdivision 17, may provide for an election of that district on the issuance of bonds. It may issue and sell bonds authorized at the election, or bonds authorized at an election previously held in any preexisting district wholly included within the newly created district, or bonds for a purpose for which an election is not required by law. The actions may be taken at any time after the date of the county auditor’s order issued under Minnesota Statutes 1990, section 122.23, subdivision 17, and before or after the date upon which the consolidation becomes effective for other purposes, and taxes for the payment of the bonds shall be levied upon all taxable property in the newly created district. No bonds shall be delivered to purchasers until 30 days after the date of the county auditor’s order. If within this period a notice of appeal from the county auditor’s order to the district court is filed in accordance with section 123A.49, no bonds shall be delivered by the newly created district to purchasers unless: (1) the county auditor’s order is affirmed by final order of the district court in the special proceeding, and a period of 30 days from the service of the final order expires without an appeal being commenced; or (2) if an appeal is taken, the order is affirmed and the time for petitioning for further review has expired. Notwithstanding the pendency of the appeal, if all of the territory of one and only one independent district maintaining a secondary school is included in the newly created district, and if the net tax capacity of taxable property in the territory comprises 90 percent or more of the net tax capacity of all taxable property in the newly created district, then the board may issue, sell, and deliver any bonds voted by the preexisting independent district and any bonds voted or otherwise authorized by the newly created district, and the bonds must be paid by the levy of taxes upon the property within the territory of the preexisting independent district and within the other areas, if any, that are finally determined to be properly included within the newly created district. In any election held in the newly created district as authorized in the preceding sentence, all qualified electors residing within the area of that district as defined in the county auditor’s order shall be entitled to vote, but the votes cast by residents of former districts or portions of former districts included in the area, other than the independent district maintaining the secondary school, shall be received and counted separately. The bonds must not be issued and sold unless authorized by a majority of the votes cast thereon by electors of the independent district maintaining the secondary school, and also by a majority of the votes cast thereon by electors residing within the entire area of the newly created district.

History: Ex1959 c 71 art 3 s 7; 1963 c 549 s 1; 1965 c 525 s 1; 1967 c 495 s 1; 1969 c 364 s 3-6; 1974 c 406 s 13; 1975 c 162 s 11,41; 1976 c 271 s 35; 1978 c 674 s 60; 1978 c 764 s 19-25; 1980 c 609 art 6 s 11,12; 1983 c 247 s 56; 1983 c 314 art 1 s 22; art 7 s 9,10; 1986 c 444; 1987 c 266 art 2 s 4-6; 1988 c 569 s 1; 1988 c 719 art 5 s 84; 1989 c 209 art 2 s 7; 1989 c 329 art 6 s 4; art 13 s 20; 1990 c 562 art 8 s 16-19; 1991 c 130 s 6; 1991 c 265 art 6 s 8,9; 1992 c 409 s 1; 1992 c 499 art 6 s 6,7; art 12 s 2-4; 1993 c 224 art 9 s 18,19; 1994 c 647 art 6 s 3-7; 1995 c 8 s 1; 1996 c 394 s 1,2; 1998 c 397 art 5 s 17-33,104; art 11 s 3; 1998 c 398 art 6 s 14,15; 1999 c 241 art 6 s 2; 2000 c 254 s 7

NOTES AND DECISIONS

123A.48 
        Election results should be upheld unless clearly illegal. Walters v. Common School Dist. No. 2550, 265 Minn. 284, 121 N.W.2d 605 (1963). 
        Before election, statutory requirements are treated as mandatory, but are generally construed as directory after election. Id. 
        Petitioners for district consolidation could not withdraw names after action by superintendent. Sullivan v. Joint Ind. Consol. Sch. Dist. No. 102, 251 Minn. 378, 88 N.W.2d 1 (1958).

123.33 MS 1996 Renumbered 123B.09

123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS.

        Subdivision 1. School board membership. The care, management, and control of independent districts is vested in a board of directors, to be known as the school board. The term of office of a member shall be four years commencing on the first Monday in January and until a successor qualifies. The membership of the board shall consist of six elected directors together with such ex officio member as may be provided by law. The board may submit to the electors at any school election the question whether the board shall consist of seven members. If a majority of those voting on the proposition favor a seven-member board, a seventh member shall be elected at the next election of directors for a four-year term and thereafter the board shall consist of seven members. 
        Those districts with a seven-member board may submit to the electors at any school election at least 150 days before the next election of three members of the board the question whether the board shall consist of six members. If a majority of those voting on the proposition favor a six-member board instead of a seven-member board, two members instead of three members shall be elected at the next election of the board of directors and thereafter the board shall consist of six members. 
        Subd. 1a. Sex offender school board ineligibility. A sex offender who has been convicted of an offense for which registration under section 243.166 is required is ineligible to become a candidate for the office of school board member, as defined in subdivision 1. Ineligibility is determined by the registration requirements in effect at the time the offender files for office, not by the registration requirements, if any, that were in effect at the time the offender was convicted. 
        Subd. 3. Causes for school board member vacancy. A vacancy in any board occurs when a member (a) dies, (b) resigns, (c) ceases to be a resident of the district, or (d) is unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district. 
        Subd. 4. Ill or absent member. A vacancy caused by a member being unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district, may, after the board has by resolution declared such vacancy to exist, be filled by the board at any regular or special meeting thereof for the remainder of the unexpired term, or until such ill or absent member is again able to resume duties as a member of such board, whichever date is earliest. When the ill or absent member is able to resume duties as a member of the board, the board must by resolution so determine and declare such person to be again a member of the board, and the member appointed by the board to be no longer a member thereof. 
        Subd. 5. Appointments to fill vacancies. Any other vacancy in a board must be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall continue until 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. 
        Subd. 6. Meetings. A majority of the voting members of the board shall constitute a quorum. No contract shall be made or authorized, except at a regular meeting of the board or at a special meeting at which all members are present or of which all members have had notice. Special meetings may be called by the chair or clerk or any three members upon notice mailed to each member at least three days prior thereto. 
        Subd. 9. Removing board members. The board may remove, for proper cause, any member or officer of the board and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object the charged member has been duly notified, with the reasons for such proposed removal and after an opportunity to be heard in defense against the removal.

History: Ex1959 c 71 art 4 s 15; 1965 c 434 s 1; 1967 c 176 s 2; 1967 c 713 s 1; 1973 c 263 s 1,2; 1973 c 690 s 1; 1974 c 82 s 1,2; 1975 c 162 s 24; 1983 c 314 art 7 s 16,17; 1984 c 543 s 6; 1985 c 122 s 1; 1986 c 444; 1987 c 42 s 1; 1987 c 266 art 2 s 9; 1989 c 329 art 9 s 7; 1990 c 562 art 7 s 3; art 8 s 20; 1992 c 499 art 9 s 2; 1993 c 224 art 7 s 6; 1993 c 374 s 17; 1994 c 646 s 2; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 6 s 45-53,124; art 11 s 3; 1999 c 101 s 1; 2000 c 467 s 4

         

126C.17 REFERENDUM REVENUE.

        Subdivision 1. Referendum allowance. (a) For fiscal year 2003 and later, a district's initial referendum revenue allowance equals the sum of the allowance under section 126C.16, subdivision 2 , plus any additional allowance per resident marginal cost pupil unit authorized under subdivision 9 before May 1, 2001, for fiscal year 2002 and later, plus the referendum conversion allowance approved under subdivision 13, minus $415. For districts with more than one referendum authority, the reduction must be computed separately for each authority. The reduction must be applied first to the referendum conversion allowance and next to the authority with the earliest expiration date. A district's initial referendum revenue allowance may not be less than zero. 
        (b) For fiscal year 2003, a district's referendum revenue allowance equals the initial referendum allowance plus any additional allowance per resident marginal cost pupil unit authorized under subdivision 9 between April 30, 2001, and December 30, 2001, for fiscal year 2003 and later. 
        (c) For fiscal year 2004 and later, a district's referendum revenue allowance equals the sum of: 
        (1) the product of (i) the ratio of the resident marginal cost pupil units the district would
have counted for fiscal year 2004 under Minnesota Statutes 2002, section 126C.05, to the district's resident marginal cost pupil units for fiscal year 2004, times (ii) the initial referendum allowance plus any additional allowance per resident marginal cost pupil unit authorized under subdivision 9 between April 30, 2001, and May 30, 2003, for fiscal year 2003 and later, plus 
        (2) any additional allowance per resident marginal cost pupil unit authorized under
subdivision 9 after May 30, 2003, for fiscal year 2005 and later. 
        Subd. 2. Referendum allowance limit. (a) Notwithstanding subdivision 1, for fiscal year
2007 and later, a district's referendum allowance must not exceed the greater of: 
        (1) the sum of: (i) a district's referendum allowance for fiscal year 1994 times 1.177 times the
annual inflationary increase as calculated under paragraph (b) plus (ii) its referendum conversion
allowance for fiscal year 2003, minus (iii) $215; 
        (2) the greater of (i): 26 percent of the formula allowance or (ii) $1,294 times the annual
inflationary increase as calculated under paragraph (b); or 
        (3) for a newly reorganized district created after July 1, 2006, the referendum revenue
authority for each reorganizing district in the year preceding reorganization divided by its resident marginal cost pupil units for the year preceding reorganization.
        (b) For purposes of this subdivision, for fiscal year 2005 and later, "inflationary increase"
means one plus the percentage change in the Consumer Price Index for urban consumers, as
prepared by the United States Bureau of Labor Standards, for the current fiscal year to fiscal year
2004. For fiscal years 2009 and later, for purposes of paragraph (a), clause (1), the inflationary
increase equals the inflationary increase for fiscal year 2008 plus one-fourth of the percentage
increase in the formula allowance for that year compared with the formula allowance for fiscal
year 2008. 
        Subd. 3. Sparsity exception. A district that qualifies for sparsity revenue under section
126C.10 is not subject to a referendum allowance limit. 
        Subd. 4. Total referendum revenue. The total referendum revenue for each district equals
the district's referendum allowance times the resident marginal cost pupil units for the school year. 
        Subd. 5. Referendum equalization revenue. (a) For fiscal year 2003 and later, a district's
referendum equalization revenue equals the sum of the first tier referendum equalization revenue
and the second tier referendum equalization revenue. 
        (b) A district's first tier referendum equalization revenue equals the district's first tier
referendum equalization allowance times the district's resident marginal cost pupil units for
that year. 
        (c) For fiscal year 2006, a district's first tier referendum equalization allowance equals the
lesser of the district's referendum allowance under subdivision 1 or $500. For fiscal year 2007, a
district's first tier referendum equalization allowance equals the lesser of the district's referendum
allowance under subdivision 1 or $600.
For fiscal year 2008 and later, a district's first tier referendum equalization allowance equals
the lesser of the district's referendum allowance under subdivision 1 or $700. 
        (d) A district's second tier referendum equalization revenue equals the district's second tier
referendum equalization allowance times the district's resident marginal cost pupil units for
that year. 
        (e) For fiscal year 2006, a district's second tier referendum equalization allowance equals
the lesser of the district's referendum allowance under subdivision 1 or 18.6 percent of the
formula allowance, minus the district's first tier referendum equalization allowance. For fiscal
year 2007 and later, a district's second tier referendum equalization allowance equals the lesser of the district's referendum allowance under subdivision 1 or 26 percent of the formula allowance, minus the district's first tier referendum equalization allowance. 
        (f) Notwithstanding paragraph (e), the second tier referendum allowance for a district
qualifying for secondary sparsity revenue under section 126C.10, subdivision 7, or elementary
sparsity revenue under section 126C.10, subdivision 8, equals the district's referendum allowance
under subdivision 1 minus the district's first tier referendum equalization allowance. 
        Subd. 6. Referendum equalization levy. (a) For fiscal year 2003 and later, a district's
referendum equalization levy equals the sum of the first tier referendum equalization levy and
the second tier referendum equalization levy. 
        (b) A district's first tier referendum equalization levy equals the district's first tier referendum
equalization revenue times the lesser of one or the ratio of the district's referendum market value
per resident marginal cost pupil unit to $476,000. 
        (c) A district's second tier referendum equalization levy equals the district's second tier
referendum equalization revenue times the lesser of one or the ratio of the district's referendum
market value per resident marginal cost pupil unit to $270,000. 
        Subd. 7. Referendum equalization aid. (a) A district's referendum equalization aid equals
the difference between its referendum equalization revenue and levy. 
        (b) If a district's actual levy for first or second tier referendum equalization revenue is less
than its maximum levy limit for that tier, aid shall be proportionately reduced. 
        (c) Notwithstanding paragraph (a), the referendum equalization aid for a district, where the
referendum equalization aid under paragraph (a) exceeds 90 percent of the referendum revenue,
must not exceed 26 percent of the formula allowance times the district's resident marginal cost pupil units. A district's referendum levy is increased by the amount of any reduction in referendum aid under this paragraph. 
        Subd. 7a. Referendum tax base replacement aid. For each school district that had a
referendum allowance for fiscal year 2002 exceeding $415, for each separately authorized
referendum levy, the commissioner of revenue, in consultation with the commissioner of
education, shall certify the amount of the referendum levy in taxes payable year 2001 attributable
to the portion of the referendum allowance exceeding $415 levied against property classified as
class 2, noncommercial 4c(1), or 4c(4), under section 273.13, excluding the portion of the tax
paid by the portion of class 2a property consisting of the house, garage, and surrounding one acre
of land. The resulting amount must be used to reduce the district's referendum levy amount
otherwise determined, and must be paid to the district each year that the referendum authority
remains in effect, is renewed, or new referendum authority is approved. The aid payable under this subdivision must be subtracted from the district's referendum equalization aid under subdivision 7. The referendum equalization aid after the subtraction must not be less than zero. 
        Subd. 8. Unequalized referendum levy. Each year, a district may levy an amount equal to
the difference between its total referendum revenue according to subdivision 4 and its referendum equalization revenue according to subdivision 5. 
        Subd. 9. Referendum revenue. (a) The revenue authorized by section 126C.10, subdivision 1, may be increased in the amount approved by the voters of the district at a referendum called for the purpose. The referendum may be called by the board or shall be called by the board upon written petition of qualified voters of the district. The referendum must be conducted one or two calendar years before the increased levy authority, if approved, first becomes payable. Only one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail under subdivision 11, paragraph (g) (a), the referendum must be held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of the increased revenue per resident marginal cost pupil unit, the estimated referendum tax rate as a percentage of referendum market value in the first year it is to be levied, and that the revenue must be used to finance school operations. The ballot may state a schedule, determined by the board, of increased revenue per resident marginal cost pupil unit that differs from year to year over the number of years for which the increased revenue is authorized. If the ballot contains a schedule showing different amounts, it must also indicate the estimated referendum tax rate as a percent of referendum market value for the amount specified for the first year and for the maximum amount specified in the schedule. The ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare the proposed levy authority to the existing expiring levy authority, and express the proposed increase as the amount, if any, over the expiring referendum levy authority. The ballot must designate the specific number of years, not to exceed ten, for which the referendum authorization applies. The notice required under section 275.60 may be modified to read, in cases of renewing existing levies at the same amount per pupil as in the previous year:
        "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED TO EXPIRE." 
        The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following: 
        "Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?" 
        If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum. 
        (b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district. 
        The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district. 
        The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing
levies, the notice may include the following statement: "Passage of this referendum extends an existing operating referendum at the same amount per pupil as in the previous year." 
        (c) A referendum on the question of revoking or reducing the increased revenue amount authorized pursuant to paragraph (a) may be called by the board and shall be called by the board upon the written petition of qualified voters of the district. A referendum to revoke or reduce the levy amount must be based upon the dollar amount, local tax rate, or amount per resident marginal cost pupil unit, that was stated to be the basis for the initial authorization. Revenue approved by the voters of the district pursuant to paragraph (a) must be received at least once before it is subject to a referendum on its revocation or reduction for subsequent years. Only one revocation or reduction referendum may be held to revoke or reduce referendum revenue for any specific year and for years thereafter. 
        (d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of qualified voters in excess of 15 percent of the registered voters of the district on the day the petition is filed with the board. A referendum invoked by petition must be held on the date specified in paragraph (a). 
        (e) The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this subdivision. 
        (f) At least 15 days before the day of the referendum, the district must submit a copy of the notice required under paragraph (b) to the commissioner and to the county auditor of each county in which the district is located. Within 15 days after the results of the referendum have been certified by the board, or in the case of a recount, the certification of the results of the recount by the canvassing board, the district must notify the commissioner of the results of the referendum. 
        Subd. 10. School referendum levy; market value. A school referendum levy must be levied against the referendum market value of all taxable property as defined in section 126C.01, subdivision 3. Any referendum levy amount subject to the requirements of this subdivision must be certified separately to the county auditor under section 275.07. 
        Subd. 11. Referendum date. (a) Except for a referendum held under paragraph (b), any referendum under this section held on a day other than the first Tuesday after the first Monday in November must be conducted by mail in accordance with section 204B.46. Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered by first class mail at least 20 days before the referendum. 
        (b) In addition to the referenda allowed in subdivision 9, clause (a), the commissioner may grant authority to a district to hold a referendum on a different day if the district is in statutory operating debt and has an approved plan or has received an extension from the department to file a plan to eliminate the statutory operating debt. 
        (c) The commissioner must approve, deny, or modify each district’s request for a referendum levy on a different day within 60 days of receiving the request from a district. 
        Subd. 12. Repealed, 1Sp2001 c 6 art 1 s 55 subd 1 
        Subd. 13. Referendum conversion allowance. A school district that received supplemental or transition revenue in fiscal year 2002 may convert its supplemental revenue conversion allowance and transition revenue conversion allowance to additional referendum allowance under subdivision 1 for fiscal year 2003 and thereafter. A majority of the school board must approve the conversion at a public meeting before November 1, 2001. For a district with other referendum authority, the referendum conversion allowance approved by the board continues until the portion of the district’s other referendum authority with the earliest expiration date after June 30, 2006, expires. For a district with no other referendum authority, the referendum conversion allowance approved by the board continues until June 30, 2012.

History:
Ex1971 c 31 art 20 s 8; 1973 c 683 s 18,19; 1974 c 521 s 29 31; 1975 c 432 s 74 81; 1976 c 2 s 97; 1976 c 134 s 78; 1976 c 271 s 80 90; 1977 c 307 s 29; 1977 c 423 art 3 s 12; 1977 c 447 art 1 s 19,20; art 2 s 8; art 4 s 5; art 5 s 12; art 6 s 8 10; art 7 s 26; 1978 c 764 s 103 111; 1979 c 303 art 2 s 22; 1979 c 334 art 1 s 14 24; art 2 s 13; art 4 s 4; art 6 s 23; 1980 c 509 s 112; 1980 c 607 art 7 s 9; 1980 c 609 art 1 s 9 13; art 2 s 3,4; art 4 s 15 18,22; art 5 s 19; 1981 c 224 s 38; 1981 c 356 s 248; 1981 c 358 art 1 s 31 42,48; art 4 s 10; art 6 s 32,33; 3Sp1981 c 2 art 2 s 10; art 4 s 7; 1982 c 548 art 1 s 12 14; art 2 s 4 6; art 3 s 26; art 6 s 19 22; art 7 s 6; 1983 c 216 art 1 s 45; 1983 c 314 art 1 s 18 21,22; art 2 s 3 6; art 3 s 13 15; art 4 s 6; art 6 s 24 29; art 7 s 34; 1983 c 323 s 2 4; 1984 c 463 art 1 s 11; art 2 s 6,7; art 4 s 5,6; art 5 s 36; art 6 s 6 11; art 7 s 20; 1984 c 502 art 7 s 7 9; 1984 c 583 s 32; 1985 c 248 s 33; 1Sp1985 c 12 art 1 s 14 16; 1Sp1986 c 1 art 9 s 17; 1987 c 398 art 1 s 8; 1988 c 486 s 49; 1988 c 719 art 5 s 84; 1989 c 329 art 1 s 4; 1Sp1989 c 1 art 2 s 11; art 9 s 5; 1990 c 562 art 1 s 3; 1991 c 265 art 1 s 10; 1991 c 291 art 1 s 5,6; 1992 c 499 art 1 s 11 14; 1992 c 603 s 13; 1993 c 44 s 1; 1993 c 224 art 1 s 7 10; 1993 c 374 s 1; 1994 c 647 art 1 s 16 19; 1Sp1995 c 3 art 1 s 20 23; art 16 s 13; 1996 c 412 art 1 s 15 18; 1996 c 471 art 3 s 2; 1Sp1997 c 4 art 1 s 33,34; 1998 c 389 art 2 s 6; 1998 c 397 art 7 s 135 137,164; art 11 s 3; 1998 c 398 art 1 s 24,25; 1999 c 241 art 1 s 40 45; 2000 c 489 art 2 s 23; 1Sp2001 c 5 art 2 s 12 19; 1Sp2001 c 6 art 1 s 31 34; 2008 c 277 art 1 s 11; 2008 c 363 art 2 s 22

NOTE: Subdivisions 1, 2, 3, 4, 5, 6, 7, and 8 (formerly section 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i), are repealed effective June 30, 2004. Laws 1992, chapter 499, article 7, section 31, as amended by Laws 1998, chapter 398, article 1, section 39; Laws 1999, chapter 241, article 1, section 54; and Laws 2000, chapter 489, article 2, section 28.

NOTE: The amendment to subdivision 2 by Laws 2001, First Special Session chapter 5, article 2, section 13, is effective for fiscal year 2003 and thereafter. Laws 2001, First Special Session chapter 5, article 2, section 13, the effective date.

NOTE: The amendments to subdivisions 5, 7, and 8, by Laws 2001, First Special Session chapter 5, article 2, sections 14, 16, and 18, are effective for taxes payable in 2002 and revenue in fiscal year 2003, and thereafter. Laws 2001, First Special Session chapter 5, article 2, sections 14, 16, and 18, the effective dates.

NOTE: Subdivision 6 was also amended by Laws 2001, First Special Session chapter 5, article 2, section 15, to read as follows:

"Subd. 6. Referendum equalization levy. (a) For fiscal year 2003 and later, a district’s referendum equalization levy equals the sum of the first tier referendum equalization levy and the second tier referendum equalization levy.

(b) A district’s first tier referendum equalization levy equals the district’s first tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident marginal cost pupil unit to $476,000.

(c) A district’s second tier referendum equalization levy equals the district’s second tier referendum equalization revenue times the lesser of one or the ratio of the district’s referendum market value per resident marginal cost pupil unit to $270,000."

 

135A.17 PROVISIONS TO FACILITATE VOTING.
 
        Subdivision 1. Identification cards. All postsecondary institutions that enroll students
accepting state or federal financial aid may provide every full-time student a student identification
card that contains the enrolling student's photograph and name. 
        Subd. 2. Residential housing list. All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus. The list shall include each student's current address. The list shall be certified and sent to the appropriate county auditor or auditors for use in election day registration as provided under section 201.061, subdivision 3. A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

History: 1991 c 227 s 2; 2008 c 244 art 1 s 1 
 

160.27 PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS.

        …Subd. 6. Removal of unauthorized advertisement, building, or structure. The road authorities may take down, remove, or destroy any advertisement, building, or structure in or upon any highway in violation of this section and section 160.2715…

History: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1986 c 387 s 1; 1986 c 398 art 27 s 2; 1986 c 435 s 1; 1989 c 179 s 2; 1995 c 23 s 1; 1998 c 283 s 1,2; 1998 c 403 s 5,6; 2004 c 295 art 2 s 15 
 

160.2715 RIGHT-OF-WAY USE; MISDEMEANORS. 

        (a) Except for the actions of the road authorities, their agents, employees, contractors, and
utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to: 
        (1) obstruct any highway or deposit snow or ice thereon; 
        (2) plow or perform any other detrimental operation within the road right-of-way except
in the preparation of the land for planting permanent vegetative cover or as authorized under
section 160.232; 
        (3) erect a fence on the right-of-way of a trunk highway, county state-aid highway, county
highway, or town road, except to erect a lane fence to the ends of a livestock pass; 
        (4) erect or reconstruct driveway headwalls in or on the right-of-way of a highway or road,
except as may be allowed by permit from the road authority imposing reasonable regulations as are necessary to prevent interference with the construction, maintenance, and safe use of the highway or road and its appurtenances; 
        (5) dig any holes in any highway, except to locate markers placed to identify sectional
corner positions and private boundary corners; 
        (6) remove any earth, gravel, or rock from any highway; 
        (7) obstruct any ditch draining any highway or drain any noisome materials into any ditch; 
        (8) place or maintain any building or structure within the limits of any highway; 
        (9) place or maintain any advertisement within the limits of any highway, except as provided in section 160.27, subdivision 7; 
        (10) paint, print, place, or affix any advertisement or any object within the limits of any
highway, except as provided in section 160.27, subdivision 7; 
        (11) deface, mar, damage, or tamper with any structure, work, material, equipment, tools,
signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance on or
along any highway; 
        (12) remove, injure, displace, or destroy right-of-way markers, or reference or witness
monuments, or markers placed to preserve section or quarter-section corners; 
        (13) improperly place or fail to place warning signs and detour signs as provided by law; 
        (14) drive over, through, or around any barricade, fence, or obstruction erected for the
purpose of preventing traffic from passing over a portion of a highway closed to public travel or to remove, deface, or damage any such barricade, fence, or obstruction. 
        (b) Any violation of this section is a misdemeanor.

History: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1986 c 387 s 1; 1986 c 398 art 27 s 2; 1986 c 435 s 1; 1989 c 179 s 2; 1995 c 23 s 1; 1998 c 283 s 1,2; 1998 c 403 s 5,6; 2004 c 295 art 2 s 15 
 

171.11 DUPLICATE LICENSE; CHANGE OF DOMICILE OR NAME. 

        
When any person, after applying for or receiving a driver's license, shall change permanent domicile from the address named in such application or in the license issued to the person, or shall change a name by marriage or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's license upon a form furnished by the department and pay the required fee. The application or duplicate license shall show both the licensee's old address and new address or the former name and new name as the case may be.

History:
(2720-144h) 1939 c 401 s 11; 1943 c 610 s 2; 1986 c 444; 1993 c 266 s 24

 

256.925 OPTIONAL VOTER REGISTRATION FOR PUBLIC ASSISTANCE APPLICANTS AND RECIPIENTS.

        A county agency shall provide voter registration cards to every individual eligible to vote who applies for a public assistance program at the time application is made. The agency shall also make voter registration cards available to a public assistance recipient upon the recipient’s request or at the time of the recipient’s eligibility redetermination. The county agency shall assist applicants and recipients in completing the voter registration cards, as needed. Applicants must be informed that completion of the cards is optional. Completed forms shall be collected by agency employees and submitted to proper election officials.

History:
1988 c 689 art 2 s 136

 

275.065 PROPOSED PROPERTY TAXES; NOTICE 

        Subdivision 1. Proposed levy. (a) Notwithstanding any law or charter to the contrary, on or before September 15, each taxing authority, other than a school district, shall adopt a proposed budget and shall certify to the county auditor the proposed or, in the case of a town, the final property tax levy for taxes payable in the following year. 
        (b) On or before September 30, each school district that has not mutually agreed with its home county to extend this date shall certify to the county auditor the proposed property tax levy for taxes payable in the following year. Each school district that has agreed with its home county to delay the certification of its proposed property tax levy must certify its proposed property tax levy for the following year no later than October 7. The school district shall certify the proposed levy as: 
        (1) a specific dollar amount by school district fund, broken down between voter-approved and non-voter-approved levies and between referendum market value and tax capacity levies; or 
        (2) the maximum levy limitation certified by the commissioner of education according to section 126C.48, subdivision 1. 
        (c) If the board of estimate and taxation or any similar board that establishes maximum tax levies for taxing jurisdictions within a first class city certifies the maximum property tax levies for funds under its jurisdiction by charter to the county auditor by September 15, the city shall be deemed to have certified its levies for those taxing jurisdictions. 
        (d) For purposes of this section, "taxing authority" includes all home rule and statutory cities, towns, counties, school districts, and special taxing districts as defined in section 275.066. Intermediate school districts that levy a tax under chapter 124 or 136D, joint powers boards established under sections 123A.44 to 123A.446, and Common School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing districts for purposes of this section. 
        (e) At the meeting at which the taxing authority, other than a town, adopts its proposed tax levy under paragraph (a) or (b), the taxing authority shall announce the time and place of its subsequent regularly scheduled meetings at which the budget and levy will be discussed and at which the public will be allowed to speak. The time and place of those meetings must be included in the proceedings or summary of proceedings published in the official newspaper of the taxing authority under section 123B.09, 375.12, or 412.191. 
        Subd. 1a. Overlapping jurisdictions. In the case of a taxing authority lying in two or more counties, the home county auditor shall certify the proposed levy and the proposed local tax rate to the other county auditor by October 5, unless the home county has agreed to delay the certification of its proposed property tax levy, in which case the home county auditor shall certify the proposed levy and the proposed local tax rate to the other county auditor by October 10. The home county auditor must estimate the levy or rate in preparing the notices required in subdivision 3, if the other county has not certified the appropriate information. If requested by the home county auditor, the other county auditor must furnish an estimate to the home county auditor. 
        Subd. 1b. [Repealed, 1992 c 511 art 3 s 9] 
        Subd. 1c. Levy; shared, merged, consolidated services. If two or more taxing authorities are in the process of negotiating an agreement for sharing, merging, or consolidating services between those taxing authorities at the time the proposed levy is to be certified under subdivision 1, each taxing authority involved in the negotiation shall certify its total proposed levy as provided in that subdivision, including a notification to the county auditor of the specific service involved in the agreement which is not yet finalized. The affected taxing authorities may amend their proposed levies under subdivision 1 until October 10 for levy amounts relating only to the specific service involved. 
        Subd. 1d. Failure to certify proposed levy. If a taxing authority fails to certify its proposed levy by the due dates specified under subdivisions 1, 1a, and 1c, the county auditor shall use the authority's previous year's final levy under section 275.07, subdivision 1, for purposes of determining its proposed property tax notices and public advertisements under this section. 
        Subd. 2. [Repealed, 1Sp1989 c 1 art 9 s 85] 
        Subd. 3. Notice of proposed property taxes. (a) The county auditor shall prepare and the county treasurer shall deliver after November 10 and on or before November 24 each year, by first class mail to each taxpayer at the address listed on the county's current year's assessment roll, a notice of proposed property taxes. Upon written request by the taxpayer, the treasurer may send the notice in electronic form or by electronic mail instead of on paper or by ordinary mail. 
        (b) The commissioner of revenue shall prescribe the form of the notice. 
        (c) The notice must inform taxpayers that it contains the amount of property taxes each taxing authority proposes to collect for taxes payable the following year. In the case of a town, or in the case of the state general tax, the final tax amount will be its proposed tax. The notice must clearly state for each city, county, school district, regional library authority established under section 134.201, and metropolitan taxing districts as defined in paragraph (i), the time and place of the taxing authorities' regularly scheduled meetings in which the budget and levy will be discussed and the final budget and levy determined, which must occur after November 24. The taxing authorities must provide the county auditor with the information to be included in the notice on or before the time it certifies its proposed levy under subdivision 1. The public must be allowed to speak at the meetings and the meetings shall not be held before 6:00 p.m. It must provide a telephone number for the taxing authority that taxpayers may call if they have questions related to the notice and an address where comments will be received by mail. 
        (d) The notice must state for each parcel: 
        (1) the market value of the property as determined under section 273.11, and used for computing property taxes payable in the following year and for taxes payable in the current year as each appears in the records of the county assessor on November 1 of the current year; and, in the case of residential property, whether the property is classified as homestead or non-homestead. The notice must clearly inform taxpayers of the years to which the market values apply and that the values are final values; 
        (2) the items listed below, shown separately by county, city or town, and state general tax, net of the residential and agricultural homestead credit under section 273.1384, voter approved school levy, other local school levy, and the sum of the special taxing districts, and as a total of all taxing authorities: 
        (i) the actual tax for taxes payable in the current year; and 
        (ii) the proposed tax amount. 
        If the county levy under clause (2) includes an amount for a lake improvement district as defined under sections 103B.501 to 103B.581, the amount attributable for that purpose must be separately stated from the remaining county levy amount. 
        In the case of a town or the state general tax, the final tax shall also be its proposed tax unless the town changes its levy at a special town meeting under section 365.52. If a school district has certified under section 126C.17, subdivision 9, that a referendum will be held in the school district at the November general election, the county auditor must note next to the school district's proposed amount that a referendum is pending and that, if approved by the voters, the tax amount may be higher than shown on the notice. In the case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed separately from the remaining amount of the city's levy. In the case of the city of St. Paul, the levy for the St. Paul Library Agency must be listed separately from the remaining amount of the city's levy. In the case of Ramsey County, any amount levied under section 134.07 may be listed separately from the remaining amount of the county's levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F applies, the proposed tax levy on the captured value or the proposed tax levy on the tax capacity subject to the areawide tax must each be stated separately and not included in the sum of the special taxing districts; and 
        (3) the increase or decrease between the total taxes payable in the current year and the total proposed taxes, expressed as a percentage.
For purposes of this section, the amount of the tax on homesteads qualifying under the senior citizens' property tax deferral program under chapter 290B is the total amount of property tax before subtraction of the deferred property tax amount. 
        (e) The notice must clearly state that the proposed or final taxes do not include the following: 
        (1) special assessments; 
        (2) levies approved by the voters after the date the proposed taxes are certified, including bond referenda and school district levy referenda; 
        (3) a levy limit increase approved by the voters by the first Tuesday after the first Monday in November of the levy year as provided under section 275.73; 
        (4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring after the date the proposed taxes are certified; 
        (5) amounts necessary to pay tort judgments against the taxing authority that become final after the date the proposed taxes are certified; and 
        (6) the contamination tax imposed on properties which received market value reductions for contamination. 
        (f) Except as provided in subdivision 7, failure of the county auditor to prepare or the county treasurer to deliver the notice as required in this section does not invalidate the proposed or final tax levy or the taxes payable pursuant to the tax levy. 
        (g) If the notice the taxpayer receives under this section lists the property as non-homestead, and satisfactory documentation is provided to the county assessor by the applicable deadline, and the property qualifies for the homestead classification in that assessment year, the assessor shall reclassify the property to homestead for taxes payable in the following year. 
        (h) In the case of class 4 residential property used as a residence for lease or rental periods of 30 days or more, the taxpayer must either: 
        (1) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter, or lessee; or 
        (2) post a copy of the notice in a conspicuous place on the premises of the property.
The notice must be mailed or posted by the taxpayer by November 27 or within three days of receipt of the notice, whichever is later. A taxpayer may notify the county treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to which the notice must be mailed in order to fulfill the requirements of this paragraph. 
        (i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing districts" means the following taxing districts in the seven-county metropolitan area that levy a property tax for any of the specified purposes listed below: 
        (1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 
        (2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672; and 
        (3) Metropolitan Mosquito Control Commission under section 473.711.
For purposes of this section, any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be included with the appropriate county's levy. 
        (j) The governing body of a county, city, or school district may, with the consent of the county board, include supplemental information with the statement of proposed property taxes about the impact of state aid increases or decreases on property tax increases or decreases and on the level of services provided in the affected jurisdiction. This supplemental information may include information for the following year, the current year, and for as many consecutive preceding years as deemed appropriate by the governing body of the county, city, or school district. It may include only information regarding: 
        (1) the impact of inflation as measured by the implicit price deflator for state and local government purchases; 
        (2) population growth and decline; 
        (3) state or federal government action; and 
        (4) other financial factors that affect the level of property taxation and local services that the governing body of the county, city, or school district may deem appropriate to include.
The information may be presented using tables, written narrative, and graphic representations and may contain instruction toward further sources of information or opportunity for comment. 
        Subd. 3a. [Repealed, 1Sp2003 c 21 art 4 s 13] 
        Subd. 4. Costs. If the reasonable cost of the county auditor's services and the cost of preparing and mailing the notice required in this section exceed the amount distributed to the county by the commissioner of revenue to administer this section, the taxing authority must reimburse the county for the excess cost. The excess cost must be apportioned between taxing jurisdictions as follows: 
        (1) one-third is allocated to the county; 
        (2) one-third is allocated to cities and towns within the county; and 
        (3) one-third is allocated to school districts within the county.
The amounts in clause (2) must be further apportioned among the cities and towns in the proportion that the number of parcels in the city and town bears to the number of parcels in all the cities and towns within the county. The amount in clause (3) must be further apportioned among the school districts in the proportion that the number of parcels in the school district bears to the number of parcels in all school districts within the county. 
        Subd. 5. [Repealed, 1Sp1989 c 1 art 9 s 85] 
        Subd. 5a. [Repealed, 2009 c 88 art 3 s 10] 
        Subd. 6. Adoption of budget and levy. (a) The property tax levy certified under section 275.07 by a city of any population, county, metropolitan special taxing district, regional library district, or school district must not exceed the proposed levy determined under subdivision 1, except by an amount up to the sum of the following amounts: 
        (1) the amount of a school district levy whose voters approved a referendum to increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after the proposed levy was certified; 
        (2) the amount of a city or county levy approved by the voters after the proposed levy was certified; 
        (3) the amount of a levy to pay principal and interest on bonds approved by the voters under section 475.58 after the proposed levy was certified; 
        (4) the amount of a levy to pay costs due to a natural disaster occurring after the proposed levy was certified, if that amount is approved by the commissioner of revenue under subdivision 6a; 
        (5) the amount of a levy to pay tort judgments against a taxing authority that become final after the proposed levy was certified, if the amount is approved by the commissioner of revenue under subdivision 6a; 
        (6) the amount of an increase in levy limits certified to the taxing authority by the commissioner of education or the commissioner of revenue after the proposed levy was certified; 
        (7) the amount required under section 126C.55; 
        (8) the levy to pay emergency debt certificates under section 475.755 authorized and issued after the proposed levy was certified; and 
        (9) the amount of unallotment under section 16A.152 that was recertified under section 275.07, subdivision 6. 
        (b) This subdivision does not apply to towns and special taxing districts other than regional library districts and metropolitan special taxing districts. 
        (c) Notwithstanding the requirements of this section, the employer is required to meet and negotiate over employee compensation as provided for in chapter 179A. 
        Subd. 6a. Approval of commissioner. (a) A taxing authority may appeal to the commissioner of revenue for authorization to levy an amount over the amount of the proposed levy. The taxing authority must provide evidence satisfactory to the commissioner that it has incurred costs for the purposes specified in paragraph (b). The commissioner may approve an increase in the taxing authority's levy of up to the amount of costs incurred or a lesser amount determined by the commissioner. The commissioner's decision is final. 
        (b) A levy addition may be made under paragraph (a) for the following costs incurred after the proposed levy is certified: (1) the unreimbursed costs to satisfy judgments rendered against the taxing authority by a court of competent jurisdiction in a tort action in excess of $50,000 or ten percent of the current year's proposed certified levy whichever is less; and (2) the costs incurred in clean up of a natural disaster. For purposes of this subdivision, "natural disaster" includes the occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from causes such as earthquake, fire, flood, windstorm, wave action, oil spill, water contamination, air contamination, or drought. 
        Subd. 6b. [Repealed, 2009 c 88 art 3 s 10] 
        Subd. 6c. [Repealed, 2009 c 88 art 3 s 10] 
        Subd. 7. Certification of compliance. At the time the taxing authority certifies its tax levy under section 275.07, it shall certify to the commissioner of revenue its compliance with this section. The certification must contain the information required by the commissioner of revenue to determine compliance with this section. If the commissioner determines that the taxing authority has failed to substantially comply with the requirements of this section, the commissioner of revenue shall notify the county auditor. The decision of the commissioner is final. When fixing rates under section 275.08 for a taxing authority that has not complied with this section, the county auditor must use the taxing authority's previous year's levy, plus any additional amounts necessary to pay principal and interest on general obligation bonds of the taxing authority for which its taxing powers have been pledged if the bonds were issued before 1989. 
        Subd. 8. [Repealed, 2009 c 88 art 3 s 10] 
        Subd. 9. [Repealed, 2009 c 88 art 3 s 10] 
        Subd. 10. [Repealed, 2009 c 88 art 3 s 10]

History: 1988 c 719 art 5 s 30; 1Sp1989 c 1 art 2 s 11; art 9 s 31-38; 1990 c 604 art 3 s 23-26; 1991 c 130 s 28,37; 1991 c 199 art 2 s 20; 1991 c 265 art 9 s 64-66; 1991 c 291 art 5 s 1-3; 1992 c 499 art 8 s 21; art 12 s 24,29; 1992 c 511 art 3 s 2-7; art 5 s 8; 1992 c 603 s 24; 1993 c 224 art 1 s 30; 1993 c 271 s 3; 1993 c 375 art 3 s 24; art 7 s 9-12,29; art 12 s 10; 1994 c 416 art 1 s 25-27; 1994 c 510 art 1 s 8; 1994 c 587 art 3 s 10; art 7 s 5; 1994 c 628 art 3 s 23,24; 1995 c 264 art 3 s 14,15; art 4 s 4; art 16 s 12; 1Sp1995 c 3 art 1 s 52; art 16 s 13; 1996 c 305 art 1 s 60; 1996 c 455 art 5 s 1,2; 1996 c 471 art 3 s 16-18,52; art 11 s 2; 1997 c 31 art 3 s 9; 1997 c 231 art 4 s 1-8,12; art 14 s 2; 1998 c 254 art 1 s 79; 1998 c 389 art 3 s 12,13; 1998 c 397 art 11 s 3; 1999 c 159 s 126; 2000 c 260 s 44; 1Sp2001 c 5 art 3 s 47-49; 2002 c 377 art 4 s 22; 2002 c 390 s 2; 2003 c 130 s 12; 1Sp2003 c 21 art 4 s 6; 2004 c 294 art 1 s 9; 1Sp2005 c 3 art 1 s 21-24; 2007 c 121 art 2 s 1,6; 2007 c 146 art 5 s 9,10; 2008 c 154 art 2 s 17; art 13 s 38,39; 2008 c 277 art 1 s 59; 2008 c 366 art 6 s 33,34; 2009 c 88 art 3 s 2-4

 

275.60 LEVY OR BOND REFERENDUM; BALLOT NOTICE.

        Notwithstanding any general or special law or any charter provisions, but subject to section 126C.17, subdivision 9, any question submitted to the voters by any local governmental subdivision at a general or special election after June 8, 1995, authorizing a property tax levy or tax rate increase, including the issuance of debt obligations payable in whole or in part from property taxes, must include on the ballot the following notice in boldface type. 
        “BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE.” 
        For purposes of this section and section 275.61, “local governmental subdivision” includes counties, home rule and statutory cities, towns, school districts, and all special taxing districts. This statement is in addition to any general or special laws or any charter provisions that govern the contents of a ballot question. 
        This section does not apply to a school district bond election if the debt service payments are to be made entirely from transfers of revenue from the capital fund to the debt service fund.

History:
1991 c 291 art 1 s 28; 1Sp1995 c 3 art 1 s 53

 

275.61 VOTER APPROVED LEVY; MARKET VALUE; NET TAX CAPACITY CONVERSION.

        Subdivision 1. Market value. (a) For local governmental subdivisions other than
school districts, any levy shall be levied against the referendum market value of all taxable property within the governmental subdivision, as defined in section 126C.01, subdivision 3. Any levy amount subject to the requirements of this section shall be certified separately to the county auditor under section 275.07. 
        (b) The ballot shall state the maximum amount of the increased levy as a percentage
of market value and the amount that will be raised by the new referendum tax rate in the
first year it is to be levied. 
        (c) This subdivision does not apply to tax levies for the payment of debt obligations
that are approved by the voters after June 30, 2008. 
        Subd. 2. Conversion to net tax capacity. Any referendum levy approved under subdivision 1 prior to January 1, 2001, may be converted from a referendum market value basis to a net tax capacity basis, provided that the proportion of the jurisdiction’s referendum market value exempted under section 126C.01, subdivision 3, is at least ten percent for property taxes payable in 2001. A jurisdiction choosing to exercise the option to convert the referendum tax to a net tax capacity basis must notify the county auditor of its intent prior to October 1, 2001. A decision to convert a referendum levy under this subdivision shall be a permanent change affecting all future years. The option to convert a levy under this subdivision shall cease after October 1, 2001.

History:
1991 c 291 art 1 s 29; 1992 c 511 art 2 s 22; 1996 c 471 art 3 s 21; 1998 c 397 art 11 s 3; 1Sp2001 c 5 art 3 s 53; 2008 c 154 s 3

 

289A.08 FILING REQUIREMENTS FOR INDIVIDUAL INCOME, FIDUCIARY INCOME, CORPORATE FRANCHISE, MINING COMPANY, AND ENTERTAINMENT TAXES.

        Subdivision 14. Voter registration form. The commissioner shall insert securely in the individual income tax return form or instruction booklet distributed for an odd-numbered year a voter registration form, returnable to the secretary of state. The form shall be designed according to rules adopted by the secretary of state. This requirement applies to forms and booklets supplied to post offices, banks, and other outlets, as well as to those mailed directly to taxpayers.

History: 1990 c 480 art 1 s 3,46; art 5 s 4,5; 1990 c 604 art 10 s 23; 1991 c 291 art 6 s 46; art 11 s 3; 1992 c 511 art 6 s 19; 1993 c 375 art 2 s 3-5; art 8 s 14; 1994 c 416 art 2 s 1; 1994 c 587 art 1 s 24; 1997 c 31 art 1 s 3; 1997 c 84 art 2 s 1; 2000 c 490 art 4 s 1

NOTES AND DECISIONS

289A.08 
        Taxpayer cannot state a cause of action in a civil complaint without first perfecting the claim by filing it with the commissioner of Revenue within the allotted time. Peoples State Bank Truman v. Triplett, 633 N.W.2d 533 (Minn. App. 2001).

 

340A.416 LOCAL OPTION ELECTION 

        Subdivision 1. Petition. Upon receipt of a petition signed by 30 percent of the persons voting at the last city election or 200 registered voters residing in the city, whichever is less, a statutory city or home rule charter city of the fourth class shall place before the voters of the city the question of whether the city will issue intoxicating liquor licenses. 
        Subd. 2. Ballot question. The question of the referendum under this section must be on a separate ballot and must allow the voters to vote either "for license" or "against license." 
        Subd. 3. Effect of election results. If a majority of persons voting on the referendum question vote "against license," the city may not issue intoxicating liquor licenses until the results of the referendum have been reversed at a subsequent election where the question has been submitted as provided in this section. 
        Subd. 4. Certification. The clerk or recorder must certify results of a referendum held under this section within ten days of the election. 
        Subd. 5. Challenge of election. Where the results of a referendum under this section are challenged by any voter, the county attorney of the county where the election was held must appear in defense of the validity of the election.

History: 1985 c 305 art 6 s 16; 1987 c 152 art 1 s 1; 1994 c 611 s 24; 2004 c 251 s 18

 

340A.504 HOURS AND DAYS OF SALE.        

        Subd. 3. Intoxicating liquor; Sunday sales; on-sale. (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. 
        (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant, hotel, bowling center, or club to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. 
        (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200. 
        (d) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph (e). A county may issue a Sunday intoxicating liquor license in unorganized territory only if authorized to do so by the voters of the election precinct that contains the licensed premises, voting on the question at a general or special election. 
        (e) An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. 
        (f) Voter approval is not required for licenses issued by the metropolitan airports commission or common carrier licenses issued by the commissioner. Common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $50, plus $20 for each duplicate.

History:
1985 c 139 s 1; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 5 s 4; 1987 c 152 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-5; 1990 c 554 s 14; 1991 c 249 s 21,22,31; 1992 c 513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8

NOTES AND DECISIONS

340A.504 
        Approval of Sunday liquor sales requires majority of those voting on the question, not majority of all voting at election. Op. Atty. Gen. 218g-19, September 6, 1967.


351.01 RESIGNATIONS.

        Subdivision 1. To whom made. Resignations shall be made in writing signed by the resigning officer: 
        (1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy; 
        (2) By appointive officers, to the body, board, or officer appointing them, unless otherwise specially provided. 
        Subd. 2. When effective. Except as provided by subdivision 3 or other express provision of law or charter to the contrary, a resignation is effective when it is received by the officer, body, or board authorized to receive it. 
        Subd. 3. Contingent resignations prohibited; exception. (a) Except as provided in paragraph (b), no resignation may be made to take effect upon the occurrence of a future contingency. Statements explaining the reasons for a resignation must not be considered to be contingencies unless expressly stated as contingencies. 
        (b) A resignation may be made expressly to take effect at a stated future date. Unless it is withdrawn as provided under subdivision 4, a resignation is effective at 12:01 a.m. on the stated date. 
        Subd. 4. Withdrawal of resignation. A prospective resignation permitted by subdivision 3 may only be withdrawn by a written statement signed by the officer and submitted in the same manner as the resignation, and may only be withdrawn before it has been accepted by resolution of the body or board or before a written acceptance of the resignation by an officer authorized to receive it. 

History: (6952) RL s 2666; 1987 c 200 s 2; 2004 c 293 art 2 s 44

 

351.02 VACANCIES.

        Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office: 
        (1) The death of the incumbent; 
        (2) The incumbent’s resignation; 
        (3) The incumbent’s removal; 
        (4) The incumbent’s ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged; 
        (5) The incumbent’s conviction of any infamous crime, or of any offense involving a violation of the official oath; 
        (6) The incumbent’s refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed; 
        (7) The decision of a competent tribunal declaring the incumbent’s election or appointment void; 
        (8) The death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived.

History: (6953) RL s 2667; 1973 c 123 art 5 s 7; 1986 c 444

 

351.05 VACANCY DURING RECESS OF LEGISLATURE.

        When a vacancy occurs during the recess of the legislature, in any office which the legislature, or the governor by and with the advice and consent of the senate, or of both branches of the legislature, is authorized to fill by appointment, unless otherwise specially provided, the governor may appoint some suitable person to perform the duties of such office for the time being. The person so appointed, before proceeding to execute the duties, shall qualify in the manner required by law of the officer in whose place the person is appointed and hold office until the vacancy is regularly filled, as provided by law.

History:
(6956) RL s 2670; 1986 c 444

 

351.055 PREPARATIONS FOR SPECIAL ELECTIONS.

        If a future vacancy becomes certain to occur and the vacancy must be filled by a special election, the appropriate authorities may begin procedures leading to the special election so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the official provided in section 351.01, subdivision 1.

History: 1987 c 175 s 17; 1999 c 132 s 40

 

351.06 APPOINTMENT; CONTINUANCE OF TERM; IMPEACHMENT.

        Unless otherwise provided for, when a vacancy in an elective office is authorized to be filled by appointment, such appointment shall continue until the next general election occurring after there is sufficient time to give the notice prescribed by law, and until a successor is elected and has qualified. When any state officer, excepting the lieutenant governor, shall be temporarily suspended from the performance of the duties of office by reason of having been impeached, the governor shall appoint some suitable person to exercise the duties of such office during the time of such suspension, and such person, before entering upon the duties, shall comply with the requirements of law relating to the same, and during incumbency shall be governed in the administration thereof by all laws enacted in reference thereto, and receive the compensation provided by law for such office.

History:
(6957) RL s 2671; 1986 c 444

 

351.14 DEFINITIONS.

        Subdivision 1. Applicability. The definitions in this section apply to sections 351.14 to 351.23. 
        Subd. 2. Malfeasance. “Malfeasance” means the willful commission of an unlawful or wrongful act in the performance of a public official’s duties which is outside the scope of the authority of the public official and which infringes on the rights of any person or entity. 
        Subd. 3. Nonfeasance. “Nonfeasance” means the willful failure to perform a specific act which is a required part of the duties of the public official. 
        Subd. 4. Misfeasance. “Misfeasance” means the negligent performance of the duties of a public official or the negligent failure to perform a specific act which is a required part of the duties of the public official. 
        Subd. 5. Elected county official. “Elected county official” means any public official who is elected to countywide office or appointed to an elective countywide office, including county attorney, county sheriff, county auditor, county recorder, and county treasurer. “Elected county official” also means a county commissioner elected or appointed from a commissioner district.

History:
1986 c 418 s 1

 

351.15 REMOVAL OF ELECTED COUNTY OFFICIAL.

        An elected county official may be removed from office in accordance with the procedures established in sections 351.14 to 351.23.

History: 1986 c 418 s 2

 

351.16 PETITION; REVIEW.

        Subdivision 1. Form of petition. Any registered voter may petition the county auditor requesting a removal election and setting forth facts which allege with specificity that an elected county official committed malfeasance or nonfeasance in the performance of official duties during the current or any previous term in the office held by the elected county official, except that a petition may not be submitted during the 180 days immediately preceding a general election for the office which is held by the county official named in the petition. The petitioner must attach to the petition documents which contain the signatures of supporters who are registered voters totaling at least 25 percent of the number of persons who voted in the preceding election for the office which is held by the county official named in the petition. Each page on which signatures are included must clearly identify the purpose of the petition. The registered voters must be residents of the county or, in a removal election involving a county commissioner, of the commissioner district which elected the named county commissioner. The signatures of supporters must be on forms provided by the county auditor. 
        Subd. 2. County auditor’s duties. The county auditor shall examine the petition to determine whether it contains the requisite number of valid signatures of registered voters. If so, the county auditor shall forward the petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt of the petition. If the county auditor determines that the petition does not include the requisite number of signatures, the county auditor shall deny the petition within 15 days of receipt of the petition. 
        Subd. 3. Removal of county auditor. If the county auditor is the named elected county official, the petition must be submitted to the chair of the county board of commissioners who shall appoint a county official to perform the duties of the county auditor specified in sections 351.14 to 351.23. 
        Subd. 4. Limitation. An elected county official is not subject to a removal election on the ground that misfeasance in the performance of official duties was committed, or on the ground of disagreement with actions taken that were within the lawful discretion of the elected county official. 

History: 1986 c 418 s 3

 

351.17 CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER.

        The clerk of appellate courts shall submit the petition to the chief justice. The chief justice shall review the petition to determine whether the petition properly alleges facts which, if proven, constitute malfeasance or nonfeasance in the performance of official duties. If the petition properly contains factual allegations of malfeasance or nonfeasance, the chief justice shall assign the case to a special master for a public hearing. The special master must be an active or retired judge. The chief justice may issue an order denying the petition if it appears that the petition does not contain allegations which, if proven, constitute malfeasance or nonfeasance in the performance of official duties.

History:
1986 c 418 s 4

 

351.18 WAIVER.

        An elected county official who is the subject of a petition under section 351.16 may waive in writing the right to a public hearing. If the hearing is waived, the case must be certified by order of the chief justice to the county auditor for a removal election to be held within 30 days of the receipt of the order. 

History: 1986 c 418 s 5

 

351.19 PUBLIC HEARING.

        Subdivision 1. Time; subpoenas; amendment of petition. A public hearing into the allegations of a petition under section 351.16 must be held within 60 days after issuance of the order of the chief justice assigning the case to a special master. The special master may issue subpoenas to compel the testimony of witnesses and the production of documents. The petition may be amended of right by the petitioners at any time prior to 40 days before the scheduled hearing. The special master may permit later amendment of the petition only for good cause. 
        Subd. 2. Determinations by special master. The special master shall take evidence at a public hearing under this section and determine: 
        (1) whether the petitioners have shown by clear and convincing evidence that the factual allegations of malfeasance or nonfeasance are true; and 
        (2) if so, whether the facts found to be true constitute malfeasance or nonfeasance. 
        The special master shall dismiss the petition at any time if it appears that this standard has not been met. 
        Subd. 3. Rules. The public hearing under this section must be conducted using the Minnesota Rules of Civil Procedure, unless modified in sections 351.14 to 351.23, and the Minnesota Rules of Evidence. 
        Subd. 4. Legal counsel. The petitioners and the elected county official shall be represented by legal counsel at their own expense, and shall pay their costs associated with the hearing except that the county may assume the legal costs incurred by the elected county official. The county shall pay all other costs of the hearing. 
        Subd. 5. Decision. The special master shall issue a decision within 60 days after the end of a public hearing under this section. 
        Subd. 6. Appeal. If a petition under this section is dismissed by the special master, either before or after a public hearing, the petitioner may appeal the decision to the supreme court within 30 days. The supreme court shall grant an expedited appeal.

History:
1986 c 418 s 6

 

351.20 DECISION; CERTIFICATION.

        If the special master determines that the elected county official committed malfeasance or nonfeasance in the performance of official duties, the case must be certified to the county auditor for a removal election on a date to be fixed by the county auditor and held within 30 days of the order of the special master. 

History: 1986 c 418 s 7

 

351.21 APPEAL.

        An elected county official may appeal the decision of a special master under section 351.20 to the supreme court within ten days. The removal election is stayed until 20 days after the supreme court issues a decision on the appeal. The supreme court shall grant an expedited appeal.

History:
1986 c 418 s 8

 

351.22 REMOVAL ELECTION; DISQUALIFICATION.

        Subdivision 1. Majority vote; form of question. An elected county official may be removed pursuant to sections 351.14 to 351.23 by majority vote. The removal election is a special election conducted under applicable provisions of section 375.20. The question submitted to the voters must be: 
        “Should .........................., elected (appointed) to the office of ...................................... 
                        (Name)                                                                             (title) 
        be removed from that office? Yes ..... No .....” 
        Any resulting vacancy must be filled as provided by law. 
        Subd. 2. Disqualification. A removed county official may not thereafter hold the same office for the remainder of the term to which the official was elected.

History:
1986 c 418 s 9

 

351.23 EXTENSION OF TIME.

        The chief justice may extend the time limitations in sections 351.14 to 351.23 for good cause.

History: 1986 c 418 s 10

 

358.05 OATH OF OFFICE.

        The oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the state of Minnesota, article IV, section 8. Every person elected or appointed to any other public office, including every official commissioner, or member of any public board or body, before transacting any of the business or exercising any privilege of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota, article V, section 6.

History:
(6963) RL s 2677; 1976 c 2 s 172

 

358.10 OFFICIALS MAY ADMINISTER, WHEN.

        (a) All persons holding office under any law of this state, or under the charter or ordinances of any municipal corporation thereof, including judges and clerks of election, and all committee members, commissioners, trustees, referees, appraisers, assessors, and all others authorized or required by law to act or report upon any matter of fact, have the power to administer oaths they deem necessary to the proper discharge of their respective duties. 
        (b) Any employee of the secretary of state designated by the secretary of state has the power to administer oaths to an individual who wishes to file with the secretary of state an affidavit of candidacy, nominating petition, declaration of intent to be a write in candidate, or any other document relating to the conduct of elections.

History: (6968) RL s 2682; 1986 c 444; 1Sp2001 c 10 art 18 s 41

 

358.11 OATHS, WHERE FILED.

        Except as otherwise provided by law, the oath required to be taken and subscribed by any person shall be filed as follows: 
        (1) If that of an officer of the state, whether elective or appointive, with the secretary of state; 
        (2) If of a county officer, or an officer chosen within or for any county, with the county auditor; 
        (3) If of a city officer, with the clerk or recorder of the municipality; 
        (4) If of a town officer, with the town clerk; 
        (5) If of a school district officer, with the clerk of the district; 
        (6) If of a person appointed by, or made responsible to, a court in any action or proceeding therein, with the court administrator of such court; 
        (7) If that of a person appointed by any state, county, or other officer for a special service in connection with official duties, with such officer. 
        If the person taking such oath be also required to give bond, the oath shall be attached to or endorsed upon such bond and filed therewith, in lieu of other filing.

History: (6969) RL s 2683; 1973 c 123 art 5 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82

 

365.51 ANNUAL MEETING; NOTICE, BUSINESS, ELECTIONS.
NEW LANGUAGE 2010

        Subdivision 1. When; postponement for bad weather. (a) A town’s annual town meeting must be held on the second Tuesday of March at the place named by the last annual town meeting. If no place was named then, the meeting must be held at the place named by the town board. The place may be outside the town if the place is within five miles of a town boundary. If there is bad weather, on the day of the meeting and election in March, the town board shall set the National Weather Service or a law enforcement agency has issued storm warnings or travel advisories such that the clerk determines travel to a polling place would be difficult or hazardous for voters and election judges, the clerk may postpone the election and meeting.  If the meeting and election are postponed, the meeting and election for shall be held on the third Tuesday in March. If there is bad weather on the third Tuesday in March,Prior to providing notice of the election and meeting, the town board shall by resolution set another date for the meeting and election within 30 days of the third Tuesday in March on which the meeting and election shall be held if bad weather forces postponement of the meeting and election on the third Tuesday in March.  The decision to postpone the meeting and election must be made no later than three hours before the opening of the polling place or the convening of the meeting, whichever comes first.  The clerk shall notify the election judges and local media offices of the decision to postpone the meeting and election. If the meeting and election are postponed, the notice requirements in subdivision 2 shall apply to the postponed meeting and election.
         The balloting of the town election must be concluded on the same day the election is commenced.
        (b) If any other political subdivision is conducting an election in conjunction with the township election, postponement of the election shall be subject to section 205.105, 205A.055, or 373.50.  If an election is postponed under section 205.105, s05A.055, or 373.50, the town meeting shall also be postponed as if postponed under this section. 
        Subd. 2. Notice. The clerk shall give ten days’ published notice of the time and place of the meeting in a qualified newspaper having general circulation in the town. An alternative to published notice is posted notice, as directed by the town board unless the electors at an earlier annual town meeting direct otherwise. The notice must include the date on which the election will be held if postponement due to bad weather is necessary. 
        Subd. 3. Officers; other business. An annual town election shall be held on the same day as the annual town meeting to elect all town officers required by law to be elected and to consider ballot questions, except as provided in section 205.075, subdivision 2. Other town business shall be conducted at the town meeting as provided by law. 
        Subd. 4. Precincts; polling places. The town board may, with respect to an election by ballot at the annual town meeting for the purpose of determining any matter of town business, provide for the casting of ballots in precincts and at polling places. Precincts and polling places shall be designated by the town board in the manner prescribed by sections 204B.14 and 204B.16.

History: 1959 c 675 art 6 s 19; 1967 c 31 s 1; 1969 c 793 s 1; 1973 c 123 art 5 s 7; 1975 c 5 s 131; 1980 c 359 s 1; 1981 c 29 art 7 s 32; 1985 c 307 s 2; 1987 c 90 s 4; 1987 c 229 art 8 s 1; art 11 s 1; 1990 c 471 s 1; 1993 c 223 s 27; 1994 c 646 s 23,24; 2004 c 293 art 2 s 45; 2010 c 201 s 78 

NOTES AND DECISIONS

365.51 
        Town board that establishes two precincts for stationed federal elections not required to have two precincts and/or polling places for town elections. Op. Atty. Gen. 434B-9, August 10, 1983. 
        The authority of a town under this section to hold its annual meeting in an adjoining city or village means one abutting or touching the town and not merely nearby or adjacent. Op. Atty. Gen. 434B-13(c), August 20, 1964. 
        Town meeting and town board may designate and direct publication of notice in the “official newspaper” only. Op. Atty. Gen. 277B-4, March 30, 1961. 
        Notice need not state specifically a question to be considered which is a matter permitted by law to be acted on at the annual meeting. Op. Atty. Gen. 434A-6, February 24, 1956. 
        Town meeting and elections may be held at adjoining village. Op. Atty. Gen. 434B-26, February 1, 1954. 
        Polling place for town may be located in village by vote of the town. Op. Atty. Gen., October 5, 1949. 
        Town board may contract with school district for electrical wiring of schoolhouse and the use of the schoolhouse for town meetings. Op. Atty. gen. 434C, January 20, 1949. 
        Notice of special meeting requires a specific statement of each proposition to be considered. Op. Atty. Gen. 396F-2, February 9, 1948. 
        Town meeting may be held in village hall of village adjoining town even though the village hall is in another county. Op. Atty. Gen. 13C, April 7, 1947.

 

365.52 SPECIAL MEETING; VACANCY, OTHER WORK, ELECTION.

        Subdivision 1. How called; statement; petition. A special town meeting may be held to conduct any lawful business. To call a special meeting, the supervisors and town clerk, or any two of them together with at least 12 other town landowners, shall file a statement in the town clerk's office. The statement must tell why the meeting is called, the particular business to be transacted, and that the interests of the town require the meeting. A special town meeting may also be called on petition of 20 percent of the electors of the town. The percentage is of the number of voters at the last general election. 
        Subd. 2. Precincts; polling places. The town board may choose to use precincts and polling places to elect town officers or to decide any matter of town business requiring a ballot election. Precincts and polling places, if used, must be set up by the town board under sections 204B.14 and 204B.16.

History: 1959 c 675 art 6 s 20; 1967 c 31 s 2; 1971 c 843 s 1; 1975 c 5 s 132; 1981 c 29 art 7 s 33; 1983 c 359 s 49; 1984 c 562 s 16; 1987 c 229 art 8 s 1; 2003 c 56 s 1; 2004 c 228 art 2 s 11
NOTE: See also section 367.03, subdivision 2.


NOTES AND DECISIONS

365.52 
        Optional forms of town government may not be submitted for vote at special town meeting. Op. Atty. Gen. 434b-13d, June 30, 1986. 
        Vacancies in town office could be filled at special town meeting. Op. Atty. Gen. 440, October 24, 1972.

 

365.59 COUNTY TO APPOINT OFFICERS IF NONE ELECTED.

        Subdivision 1. Second meeting try. If a town fails to organize or fails to elect officers at the annual town meeting, 12 landowners of the town may call a town meeting for these purposes. The meeting is called by giving ten days' posted notice of it. The notice must include the time, place, and purpose of the meeting. 
        Subd. 2. 30 day wait; affidavit. If the notice under subdivision 1 is not posted within 30 days after the date for the annual town meeting, the county board shall appoint officers for the town. The officers shall hold their offices until their successors qualify. The county board shall act only after an affidavit of a landowner of the town is filed with the county auditor. The affidavit must state the facts that require the county board to act.

History: 2004 c 228 art 2 s 12

367.03 MS 1957 Repealed, 1959 c 675 art 13 s 1

 

367.03 ANNUAL ELECTION OF OFFICERS; VACANCIES; SPECIAL ELECTIONS
NEW LANGUAGE 2010

        Subdivision 1. Supervisors, terms. Except in towns operating under option A or in towns operating as provided in subdivision 4, three supervisors shall be elected in each town at the town general election as provided in this section. Each supervisor shall be elected for a term of three years and shall serve until a successor is elected and qualified. 
        Subd. 2. New towns. When a new town is organized and supervisors are elected at a town meeting prior to the annual town election, they shall serve only until the next annual town election. At that election three supervisors shall be elected, one for three years, one for two years, and one for one year, so that the term of one shall expire each year. The number of years for which each is elected shall be indicated on the ballot. 
        Subd. 3. MS 1986 Repealed, 1988 c 563 s 8 
        Subd. 3. Supervisors; towns under option A. When two supervisors are to be elected for three-year terms under option A, a candidate shall indicate on the affidavit of candidacy which of the two offices the candidate is filing for. At following annual town elections one supervisor shall be elected for three years to succeed the one whose term expires at that time and shall serve until a successor is elected and qualified. 
        Subd. 4. MS 1982 Repealed, 1983 c 359 s 151 
        Subd. 4. Officers; November election. Except as provided in subdivision 4a supervisors and other town officers in towns that hold the town general election in November shall be elected for terms of four years commencing on the first Monday in January and until their successors are elected and qualified. The clerk and treasurer shall be elected in alternate years. 
        Subd. 4a. Optional six-year terms. The resolution required under section 205.075, subdivision 2, to adopt the alternative November date for town general election may include the proposal and corresponding transition plan to provide for a six-year term for town supervisors. A town that has adopted the alternative November date for general town elections using the four-year terms provided under subdivision 4 may adopt a resolution establishing six-year terms for supervisors as provided under this subdivision. The resolution must include a plan to provide an orderly transition to six-year terms. The resolution adopting the six-year term for town supervisors may be proposed by the town board or by a resolution of the electors adopted at the annual town meeting and is effective upon an affirmative vote of the electors at the next town general election.
        Subd. 5. Election of clerk, treasurer. Except in towns operating under option B or option D, or both, or in towns operating as provided in subdivision 4, at the annual town election in even-numbered years one town clerk and at the annual town election in odd-numbered years one town treasurer shall be elected. The clerk and treasurer each shall serve for two years and until their successors are elected and qualified. 
        Subd. 6. Vacancies. (a) When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed shall hold office until the next annual town election, when a successor shall be elected for the unexpired term. 
        (b) When a vacancy occurs in a town office: 
        (1) with more than one year remaining in the term; and 
        (2) on or after the 14th day before the first day to file an affidavit of candidacy for the town election; the vacancy must be filled by appointment. The person appointed serves until the next annual town election following the election for which affidavits of candidacy are to be filed, when a successor shall be elected for the unexpired term. 
        (c) A vacancy in the office of supervisor must be filled by an appointment committee comprised of the remaining supervisors and the town clerk. 
        (d) Any person appointed to fill the vacancy in the office of supervisor must, upon assuming the office, be an eligible voter, be 21 years of age, and have resided in the town for at least 30 days. 
        (e) When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled. 
        (f) When, for any reason, the town board or the appointment committee fails to fill a vacancy in the position of an elected town officer by appointment, a special election may be called. To call a special election, the supervisors and town clerk, or any two of them together with at least 12 other town freeholders, must file a statement in the town clerk's office. The statement must tell why the election is called and that the interests of the town require the election. When the town board or the appointment committee fails to fill a vacancy by appointment, a special town election may also be called on petition of 20 percent of the electors of the town. The percentage is of the number of voters at the last general election. A special town election must be conducted in the manner required for the annual town election. 
        (g) Law enforcement vacancies must be filled by appointment by the town board. 
        Subd. 7. Inability or refusal to serve. In addition to the events specified in section 351.02, a vacancy in a town office may be declared by the town board when an officer is unable to serve in the office or attend board meetings for a 90-day period because of illness, or because of absence from or refusal to attend board meetings for a 90-day period. If any of the preceding conditions occurs, the town board may, after the board by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend board meetings, whichever is earlier. If the vacancy is in the office of supervisor, the vacancy must be filled by an appointment committee made up of the remaining supervisors and the town clerk. If the original member is again able to resume duties and attend board meetings, the board shall by resolution so determine and remove the appointed officeholder and restore the original member to office.

History: 1959 c 675 art 6 s 28; 1961 c 195 s 1,2; 1961 c 264 s 1,2; 1963 c 799 s 3; 1975 c 274 s 9; 1976 c 41 s 1; 1978 c 681 s 1,2; 1982 c 463 s 1; 1982 c 595 s 4-6; 1984 c 386 s 1; 1985 c 169 s 11; 1986 c 444; 1987 c 90 s 6; 1990 c 401 art 1 s 1; 1990 c 585 s 31; 1993 c 24 s 1; 1994 c 646 s 25; 1995 c 21 s 1; 1997 c 147 s 74; 1999 c 132 s 41; 2000 c 467 s 32; 1Sp2001 c 10 art 18 s 42; 2002 c 241 s 1; 2003 c 56 s 2; 2010 c 180 s 7, 8 

NOTES AND DECISIONS

367.03 
        Vacancies in town office could be filled at special town meeting. Op. Atty. Gen. 440, October 24, 1972. 
        In an annual town election where vacancies in the position of town supervisor are to be filled by election pursuant to M.S. 367.03, subd. 2, and where no one has filed for the position, the title of the vacant position would be placed on the regular ballot for the purpose of a write-in election. Op. Atty. Gen. 437A-6, February 23, 1967. 
        Town board is not required to hold an organizational meeting to elect a chairman. Op. Atty. Gen. 437A-1, February 3, 1960. 
        Majority vote of board of appointment constituted by this section is sufficient to fill the vacancy. Op. Atty. Gen. 437A-21, September 11, 1953. 
        Where only one candidate files for justice of the peace and vote is a tie with write-in candidate, both are not elected even though town is entitled to two justices. Op. Atty. Gen., March 31, 1953. 
        Township officer must reside in township. Op. Atty. Gen. 440F, September 12, 1951. See also Op. Atty. Gen. 471M, December 30, 1959.
NOTE: See also section 365.52.

 

367.033 SERVICE ON SCHOOL BOARDS; INCOMPATIBILITY OF OFFICES.

        Notwithstanding any other law to the contrary, a person may serve on both a school board, however organized, and a town board of supervisors concurrently. This section does not apply to members of the town board of a town exercising the powers of a statutory city under section 368.01, or a special law.

History:
1971 c 420 s 1; 1973 c 123 art 5 s 7; 1990 c 401 art 1 s 1

 

367.10 TOWN CLERK; BOND; OATH.

        Every town clerk, before beginning the duties of the office, shall give bond to the town in an amount to be determined by the town board, conditioned for the faithful discharge of the duties of clerk. The bond shall be filed with the county auditor. 

History: (1062) RL s 658; 1982 c 507 s 1; 1984 c 562 s 31; 1985 c 169 s 12; 1990 c 401 art 1 s 1

 

367.12 DEPUTY CLERK.

        Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible, and who, in the clerk's absence or disability, shall perform the clerk's duties. If a town clerk has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating to receiving candidate filings when the clerk is absent.

History: 2004 c 293 art 2 s 46

 

367.25 OATH OF OFFICE; BOND; FILING; PENALTIES.         

        Subdivision 1. Requirement, fee. Every person elected at a March election or appointed to a town office, within ten days after receiving a certificate or notice of election or appointment, shall take and subscribe the oath required by law. Persons elected at a November election shall take their oath before assuming office. If taken before the town clerk, the oath shall be administered and certified without fee. 
        Subd. 2. Bond and oath, violations. Before entering upon duties, the person taking the oath shall file it with the town clerk. Failure to file the oath and bond within the time required shall be deemed a refusal to serve. 
        Subd. 3. Oath, violations. A town officer who enters upon the duties of office before taking the oath required shall forfeit to the town the sum of $50.

History: 1959 c 675 art 6 s 29; 1983 c 359 s 52; 1986 c 444; 1990 c 401 art 1 s 1; 1997 c 147 s 75

NOTES AND DECISIONS

367.25 
        Where newly elected town clerk neither took the oath nor filed such oath until after the time prescribed by law, he should nevertheless be regarded as having qualified for office. Op. Atty. Gen. 437A-15, May 10, 1966. 
        Failure to take oath does not ipso facto create a vacancy, and officer may qualify before steps are taken to declare a vacancy. Op. Atty. Gen. 437-21, April 3, 1951.

367.36 COMBINING THE OFFICES OF CLERK AND TREASURER.

        Subdivision 1. Transition; audit. (a) In a town in which option D is adopted, the incumbent treasurer shall continue in office until the expiration of the term. Thereafter, or at any time a vacancy other than a temporary vacancy under section 367.03 occurs in the position, the duties of the treasurer prescribed by law shall be performed by the clerk who shall be referred to as the clerk treasurer. If option D is adopted at an election in which the treasurer is also elected, the election of the treasurer's position is void. 
        (b) If the offices of clerk and treasurer are combined and the town's annual revenue is more than the amount in paragraph (c), the town board shall provide for an annual audit of the town's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the town's annual revenue is the amount in paragraph (c) or less, the town board shall provide for an audit of the town's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one year period to be determined at random by the person conducting the audit. Upon completion of an audit by a public accountant, the public accountant shall forward a copy of the audit to the state auditor. For purposes of this subdivision, "public accountant" means a certified public accountant or a certified public accounting firm licensed by the Board of Accountancy under chapter 326A. 
        (c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.

History
: 2004 c 281 s 1

 

373.50 POSTPONEMENT OF ELECTION; INCLEMENT WEATHER. 
NEW LANGUAGE 2010

        
Subdivision 1. Applicability. This section applies to a primary, special, or general election held in a county that is not held in conjunction with a state or federal election. 
        Subd. 2. Postponement of election. (a) In the event of severe or inclement weather, the county auditor may postpone an election when the National Weather Service or a law enforcement agency has issued storm warnings or travel advisories indicating that the weather conditions would make travel to a polling place difficult or hazardous for voters and election judges. When one or more jurisdictions are holding elections in conjunction with one another, the jurisdiction that covers the largest geographic area has the authority, after consulting with the other auditors and clerks, to make the decision to postpone all of the elections. A decision to postpone an election must apply to every precinct in the jurisdiction. 
        (b) A decision to postpone an election must be made no later than 6:00 p.m. on the day before the election. The auditor must contact the election judges and notify local media outlets of the postponement. The auditor must also post a notice on the jurisdiction’s Web site, if practicable. 
        (c) A postponed election must be rescheduled for the next following Tuesday after the election was originally scheduled. The date on which the postponed election will be held shall be considered the date of the election for purposes of absentee voting under chapter 203B. An election that is postponed due to weather may be postponed again if necessary under this section.


History: 2010 c 201 s 79

 

375.025 COMMISSIONER DISTRICTS.
NEW LANGUAGE 2011

        Subdivision 1. Standards. The redistricting plan in use in a county shall be used until a new plan is adopted in accordance with this section. Each county shall be divided into as many districts numbered consecutively as it has members of the county board. Commissioner districts shall be bounded by town, municipal, ward, or precinct lines. Each district shall be composed of contiguous territory as regular and compact in form as practicable, depending upon the geography of the county involved and shall be as nearly equal in population as possible. No district shall vary in population more than ten percent from the average for all districts in the county, unless the result forces a voting precinct to be split. A majority of the least populous districts shall contain not less than a majority of the population of the county. A county may be redistricted by the county board after each federal census. When it appears after a federal census that the districts of the county are not in accord with the standards set forth in this subdivision, the county shall be redistricted by the county board within the times set in section 204B.135, subdivision 2. Before acting to redistrict, the county board, or a redistricting commission if one is appointed, shall publish three weeks notice of its purpose, stating the time and place of the meeting where the matter will be considered, in the newspaper having the contract to publish the commissioners’ proceedings for the county for the current year. 
        Subd. 2. Voters rights. Any qualified voter may apply to the district court of the county for a writ of mandamus (a) requiring the county to be redistricted if the county board has not redistricted the county within the time specified in subdivision 1, or (b) to revise the redistricting plan. Any application for revision of a redistricting plan filed with the county auditor more than 15 weeks before the state primary in a year ending in two that seeks to affect elections held in a year ending in two must be filed with the district court within three weeks but no later than 14 weeks one week before the state primary first day to file for office in the year ending in two"2". If a plan for redistricting a county is filed less than 14 weeks before the state primary in a year ending in two, any application for revision of the plan that seeks to affect an election in the year ending in two shall be filed with the district court within one week after the plan has been filed with the county auditor. The district court may direct the county board to show cause why it has not redistricted the county or why the redistricting plan prepared by it should not be revised. On hearing the matter it may allow the county board additional time in which to redistrict the county or to correct errors in the redistricting plan. If it appears to the court that the county board has not been sufficiently diligent in performing its redistricting duties, the court may appoint a redistricting commission to redistrict the county in accordance with the standards set forth in subdivision 1 and any other conditions the court shall deem advisable and appropriate. If a redistricting commission is appointed, the county board shall be without authority to redistrict the county. 
        Subd. 3. Redistricting commission. The redistricting commission shall be composed of not less than five nor more than nine residents of the county. No officer or employee of county or local government except notaries public shall be eligible for membership. Members of the commission shall not be eligible for election to the county board until two years after the redistricting in which they participated becomes effective. Members shall serve without pay but may be reimbursed their necessary expenses in the conduct of the business of the commission. The county board shall provide for the necessary expenses of the commission. 
        Subd. 4. Redistricting plan; election following redistricting. A redistricting plan whether prepared by the county board or the redistricting commission shall be filed in the office of the county auditor. A redistricting plan shall be effective on the 31st day after filing unless a later effective date is specified but no plan shall be effective for the next election of county commissioners unless the plan is filed with the county auditor not less than 30 days two weeks before the first date candidates may file for the office of county commissioner. One commissioner shall be elected in each district who, at the time of the election, is a resident of the district. A person elected may hold the office only while remaining a resident of the commissioner district or, after June 15 the last day to file for office during a year ending in “2”, while remaining a resident of the county. The county board or the redistricting commission shall determine the number of members of the county board who shall be elected for two-year terms and for four-year terms to provide staggered terms on the county board. Thereafter, all commissioners shall be elected for four years. When a county is redistricted, there shall be a new election of commissioners in all the districts at the next general election except that if the change made in the boundaries of a district is less than five percent of the average of all districts of the county, the commissioner in office at the time of the redistricting shall serve for the full period for which elected.

History: 1974 c 240 s 1; 1980 c 487 s 13; 1984 c 543 s 39; 1984 c 629 s 2; 1986 c 444; 1987 c 297 s 3; 1991 c 349 s 40,41; 1993 c 32 s 1; 2011 c 18 s 8, 9 

NOTES AND DECISIONS

375.025 
        Fourteenth amendment prohibits substantial variation in population of election districts. Avery v. Midland County Texas, 390 U.S. 474, 88 S. Ct. 1114 (1968). See also Hanlon v. Towey, 274 Minn. 187, 142 N.W.2d 741 (1966). 
        County Board of Commissioners was required to meet state’s statutory standards, including equal-population and population-deviation standards, when reapportioning county commissioner districts due to population changes, even if Board’s redistricting plan met federal constitutional standards. Fay v. St. Louis County Bd. Of Comm’rs, 661 N.W.2d 283 (Minn. App. 2003). 
        In redistricting county commissioner districts, county board was required to consider equality of population. Ziols v. Rice county Board of Comm’rs, 661 N.W.2d 283 (Minn. App. 2003). 
        Basis for applying election exception is based on change in population, not land area. Op. Atty. Gen. 768-d, January 13, 1976. 
 

375.04 TIE DETERMINED BY LOT.

        If two or more persons have an equal and the highest number of votes for the office of county commissioner in a district, the auditor shall give written notice to them to attend at the auditor’s office at a time specified. The auditor shall then and there, in their presence, publicly decide by lot which shall be declared elected. The person selected shall be the commissioner from the district.

History:
(653) RL s 422; 1984 c 629 s 2; 1986 c 444

 

375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

        When a vacancy occurs in the office of county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon one day’s notice from the chair or clerk, which shall be served personally upon each member in the same manner as a district court summons. The person appointed shall give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.

History: (659) RL s 425; 1939 c 153; 1976 c 181 s 2; 1978 c 706 s 65; 1984 c 629 s 2; 1986 c 444

 

375.101 VACANCY IN OFFICE OF COUNTY COMMISSIONER.
NEW LANGUAGE 2010

        Subdivision 1. Option for filling vacancies; special election in 30 to 90 days. (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election not less than 30 nor more than 90 days after the vacancy occurs. The special primary or special election may be held on the same day as a regular primary or regular election but the special election shall be held not less than 14 days after the special primary. The county board may by resolution call for a special election to be held according to the earliest of the following time schedules:
        (1) not less than 120 days following the date the vacancy is declared, but no later than 12 weeks prior to the date of the next regularly scheduled primary election;
        (2) concurrently with the next regularly scheduled primary election and general election; or
        (3) no sooner 120 days following the next regularly scheduled general election.

        (b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term. If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned. 
        Subd. 2. When victor seated immediately. If a vacancy for which a special election is required occurs less than 60 120 days before the general election preceding the end of the term, the vacancy shall be filled by the person elected at that election for the ensuing term who shall take office immediately after receiving the certificate of election, filing the bond and taking the oath of office. 
        Subd. 3. Inability or refusal to serve. In addition to the events specified in section 351.02, a vacancy in the office of county commissioner may be declared by the county board when a commissioner is unable to serve in the office or attend board meetings for a 90-day period because of illness, or because of absence from or refusal to attend board meetings for a 90-day period. If any of the preceding conditions occurs, the county board may, after the board by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend county board meetings, whichever is earlier. If the original member is again able to resume duties and attend board meetings, the board shall by resolution so determine and remove the appointed officeholder and restore the original member to office. 
        Subd. 4. Option for filling vacancies; appointment. Except as provided in subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any other vacancy in the office of county commissioner may be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired term. If one year or more remains in the unexpired term, a special election must be held under subdivision 1. If less than one year remains in the unexpired term, the county board may appoint a person to fill the vacancy for the remainder of the unexpired term, unless the vacancy occurs within 90 days of the next county general election, in which case an appointment shall not be made and the vacancy must be filled at the general election. The person elected to fill a vacancy a the general election takes office immediately in the same manner as for a special election under subdivision 1,k and serves the remainder of the unexpired term and the new term for which the election was otherwise held. 
        Subd. 5 County boards. Before making an appointment to fill a vacancy under subdivision 4, the county board must hold a public hearing not more than 30 days after the vacancy occurs with public notice given in the same manner as for a special meeting of the county board. At the public hearing the board must invite public testimony from persons residing in the district in which the vacancy occurs relating to the qualifications of prospective appointees to fill the vacancy. Before making an appointment, the board also must notify public officials in the affected district on the appointment, including town board and city council members, and must enter into the record at the board meeting in which the appointment is made the names and addresses of the public officials notified. If after the public hearing, the board is unable or decides not to make an appointment under subdivision 4, it must hold a special election under subdivision 1, but the time period in which the election must be held begins to run from the date of the public hearing.

History: 1975 c 280 s 2; 1984 c 629 s 2; 1996 c 422 s 1; 2007 c 52 s 1, 2; 2008 c 246 s 1, 2; 2010 c 201 s 80, 81 

375.20 BALLOT QUESTIONS.

        If the county board may do an act, incur a debt, appropriate money for a purpose, or exercise any other power or authority, only if authorized by a vote of the people, the question may be submitted at a special or general election, by a resolution specifying the matter or question to be voted upon. If the question is to authorize the appropriation of money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as in the case of special elections. If the question submitted is adopted, the board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall be: “In favor of (here state the substance of the resolution to be submitted), Yes ...... No......,” with a square opposite each of the words “yes” and “no,” in one of which the voter shall mark an “X” to indicate a choice. The county board may call a special county election upon a question to be held within 60 days after a resolution to that effect is adopted by the county board. Upon the adoption of the resolution the county auditor shall post and publish notices of the election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable.
History: (786) RL s 450; 1931 c 384; 1961 c 560 s 32; 1975 c 5 s 133; 1981 c 29 art 7 s 34; 1984 c 629 s 2; 1986 c 444

 

NOTES AND DECISIONS

375.20 
        Special election may be held for approval of county hospital. Op. Atty. Gen. 1001-b, May 24, 1991. 
        Questions of moving county seat and questions of bond sale to defray costs could be presented as separate questions on same ballot. Op. Atty. Gen. 125-a-19, August 27, 1971.

 

375A.12 METHOD OF ADOPTING OPTIONS.

        Subdivision 1. This section governs; exceptions. Except as otherwise provided in sections 375A.01 to 375A.13 the options provided in sections 375A.01 to 375A.10 shall be adopted in the manner and at the times specified in this section. 
        Subd. 2. Form of government options. The options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after an affirmative vote of the voters in the county on the question of the adoption of the option. Except as provided in section 375A.01, only one such plan may be submitted at any one election. 
        Subd. 3. Referenda; procedure. Any referendum required to be held as a condition of the adoption of an option may be initiated by a resolution by the county board, a recommendation of a county government study commission or a petition signed by voters equal in number to five percent of the electors voting at the last previous election for the office of governor requesting that a referendum be held on the adoption of one or more of the options provided in sections 375A.01 to 375A.10. If a study commission has been established, a referendum on an option may not be initiated by a resolution of the county board or a petition of voters until after the study commission has completed its study provided for in section 375A.13, subdivision 3. 
        Subd. 4. Conduct of election. When a referendum is required to be held, the county auditor shall conduct the referendum following the procedures provided in section 375.20, as far as practicable, and not inconsistent with sections 375A.01 to 375A.10. The referendum may be held at any primary, general or special election held not less than 30 days before the first day on which candidates may file for county office. 
        Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision 2 the ballot shall be substantially in the following form: 
        (...) FOR the proposal (describe briefly the change proposed) 
        (...) AGAINST the proposal (describe briefly the change proposed) 
        Subd. 6. Optional forms; abandonment. Any optional plan or other option provided for in sections 375A.01 to 375A.13 may be abandoned by the same procedures required for the adoption of the optional plan or the option. Except as otherwise provided in sections 375A.01 to 375A.13 any plan or option shall remain in effect until abandoned or another plan or option is adopted, but a plan or option shall remain in effect not less than three years after its adoption before proceedings to abandon may be commenced, except that options consistent with the at-large chair plan and the administrator plan may be adopted at any time after either the at-large chair plan or the administrator plan has been adopted.

History: 1973 c 542 s 12; 1986 c 399 art 1 s 25,26; 1986 c 416 s 7,8; 1986 c 444; 1998 c 349 s 1

NOTES AND DECISIONS

375A.12 
        County board could not consolidate offices of auditor and treasurer without voter approval. Op. Atty. Gen. 125a-69, May 5, 1981. 
 

382.10 BONDS RECORDED.

        Official bonds of county officers when approved by the county board, and their oaths of office and the bonds and oaths of their deputies, except county recorder, shall be filed and recorded in the office of the county recorder.

History:
(981) RL s 608; 1909 c 115 s 1; 1973 c 524 s 2; 1976 c 181 s 2

 383B.151 FINANCIAL INTEREST FORBIDDEN.

        No official, person authorized to make purchases, or county employee shall be financially interested, either directly or indirectly, in any contract or purchase order for any goods, materials, supplies, equipment or contracted service furnished to or used by any department, board, commission or agency of the county government. No public official, person authorized to make purchases, or county employee may accept or receive, directly or indirectly from any person, firm or corporation to which any contract or purchase order may be awarded any money or anything of value whatsoever or any promise, obligation or contract for future reward or compensation, except as authorized under section 10A.071, subdivision 3, or 471.895, subdivision 3. Any violation of the provisions of this section shall be a gross misdemeanor.

History: 1979 c 198 art 4 s 11; 2005 c 156 art 6 s 64

 

387.01 QUALIFICATIONS; BOND; OATH.

        Every person who files as a candidate for county sheriff must be licensed as a peace officer in this state. Every person appointed to the office of sheriff must become licensed as a peace officer before entering upon the duties of the office. Before entering upon duties every sheriff shall give bond to the state in a sum not less than $25,000 in counties whose population exceeds 150,000, and not less than $5,000 in all other counties, to be approved by the county board, conditioned that the sheriff will well and faithfully in all things perform and execute the duties of office, without fraud, deceit, or oppression, which bond, with an oath of office, shall be filed for record with the county recorder.

History: (905) RL s 547; 1973 c 668 s 1; 1976 c 181 s 2; 1986 c 444; 1997 c 147 s 76

NOTES AND DECISIONS

387.01 
        Statute requiring sheriff to be licensed peace officer was valid. Elbers v. Growe, 502 N.W.2d 810 (Minn. Ct. App. 1993). 
 

388.01 ELECTION; QUALIFICATIONS; TERM.

        There shall be elected in each county a county attorney who shall be licensed to practice law in this state, and whose term of office shall be four years and until a successor qualifies. Before entering upon duties the county attorney shall take an oath. The oath must be filed for record with the county recorder.

History: (924) RL s 563; 1943 c 355 s 1; 1959 c 189 s 1; 1965 c 749 s 1; 1973 c 524 s 6; 1976 c 181 s 2; 1986 c 444; 1991 c 326 s 20; 1997 c 147 s 77

 

410.01 CITIES, CLASSES.

        Cities are hereby divided, for legislative purposes, into classes as follows: 
        First class — Those having more than 100,000 inhabitants provided that once a city is defined to be of the first class, it shall not be reclassified unless its population decreases by 25 percent from the census figures which last qualified the city for inclusion in the class; 
        Second class — Those having more than 20,000 and not more than 100,000 inhabitants; 
        Third class — Those having more than 10,000 and not more than 20,000 inhabitants, and 
        Fourth class — Those having not more than 10,000 inhabitants. 
        Changes in classification resulting from any future national census shall take effect upon the filing of certified copies of the census in the office of the secretary of state as provided in section 600.18. Meanwhile the council or other governing body shall take measures for the election of proper officials and for dividing the city into wards, if necessary, and otherwise prepare for the coming change.

History: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s 1 

 

410.015 DEFINITIONS RELATING TO CITIES.

        The term “statutory city” means any city which has not adopted a home rule charter pursuant to the constitution and laws; the words “home rule charter city” mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the word “city” when used without further description extending the application of the term to home rule charter cities means statutory cities only.

History: 1976 c 44 s 19; 1976 c 155 s 3

 

410.10 CHARTER ELECTION.

        Subdivision 1. Timing; procedure; recall. Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft. The council or other governing body may call a special election for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter. 
        Subd. 2. Election notice; publication. The notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25,000 copies.
The governing body may in addition thereto publish the notice in any other legal newspaper published in the city. 
        Subd. 3. Ballot words, form. The ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes.... No....," with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner. 
        Subd. 4. Rejection; later proposals. If any charter so submitted be rejected the charter commission may propose others from time to time until one is adopted.

History: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123 art 5 s 7; 1986 c 444

NOTES AND DECISIONS

410.10 
        Council is not required to submit manifestly unconstitutional proposal to voters. Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982). 
        Mandamus will lie to force council to call election on charter or amendment. State ex rel. Lowe v. Barlow, 129 Minn. 181, 151 N.W. 970 (1915).

 

410.12 AMENDMENTS.
NEW LANGUAGE 2010 

        Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. 
        Subd. 1a. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. 
        Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner’s signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: 
        State of ............... ) 
                                    ) ss. 
        County of ........... ) 
        .......................... being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant’s presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed ............................ 
                                                        (Signature of Circulator) 
        Subscribed and sworn to before me this ....... day of ...... ....... 
        Notary Public (or other officer) authorized to administer oaths 
        The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. 
        Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk’s office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 
        Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. 
        Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission’s action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. 
        Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks’ published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. 
        Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks’ published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the elements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters.

History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2008 c 331 s 7; 2010 c 184 s 43 

NOTES AND DECISIONS

410.12 
        It is absolute duty of city council to submit properly proposed charter amendments for vote unless it is apparent they are not constitutional. Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982); State v. Beach, 155 Minn. 33, 191 N.W. 1012 (1912). 
        Blank ballots would not be considered in computing results of charter amendment election. Godward v. City of Minneapolis, 190 Minn. 51, 250 N.W. 719 (1933); Op. Atty. Gen. 58-I, October 20, 1966. 
        Ballot could not provide that only voters who voted for first proposed amendment could vote on second and third proposals. Op. Atty. Gen. 28-a-5, August 7, 1970. 
        Amendment to several charter sections relating one issue may be submitted to voters as one general question. Op. Atty. Gen. 58-I, November 16, 1951. 
        City council has no veto power over proposed amendment. Op. Atty. Gen. 48-c, September 22, 1951. 


410.191 CITY COUNCIL MEMBERS; CITY EMPLOYMENT. 
NEW LANGUAGE 2010


        Notwithstanding any charter provision, neither the mayor nor any city council member may be employed by the city. For purposes of this section, “employed” refers to full-time permanent employment as defined by the city’s employment policy.

History: 2010 c 206 s 1 
 

410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES.

        Such commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protesting against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote.

History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444

NOTES AND DECISIONS

410.20 
        Proposed charter amendment to allow referendum on “any action” of council was invalid. Housing and Redev. Auth. of Minneapolis v. City of Minneapolis, 293 Minn. 227, 198 N.W.2d 531 (1972). 
        Power of referendum is limited to acts of legislative character involving permanent or uniform rules of law. Hanson v. City of Granite Falls, 529 N.W.2d 485 (Minn. Ct. App. 1995).

 

410.21 APPLICATION OF GENERAL ELECTION LAWS.

        The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as to nominations, primary elections, and elections for municipal offices, notwithstanding that such charter provisions may be inconsistent with any general law relating thereto, and such general laws shall apply only in so far as consistent with such charter. 

History: (1295) 1909 c 170 s 6

 

412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES.
NEW LANGUAGE 2010 

        Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table.

Officer Number of Years in Term  Year Elected City Elected 
Mayor  Two or four Every two years except where four years is otherwise provided pursuant to statute Every statutory city 
Clerk  Four Every four years in year when treasurer is not elected Every statutory standard plan city in which there is no clerk-treasurer 
Treasurer  Four Every four years in year in which clerk is not elected  Every statutory standard plan city in which there is no clerk-treasurer
Clerk-Treasurer  Four Every four years in years in which one council member is elected Every statutory standard plan city where such office exists pursuant to subdivision 3 
Three Council members  Four Two every four years and one in alternative election Every statutory standard plan city with a council of five 
Four Council members  Four Two each election  Every statutory optional plan city with a council of five 
Five Council members  Four Three every four years and two in alternative election  Every statutory standard plan city with a council of seven 
Six Council members  Four Three each election  Every statutory option plan city with a council of seven 

        Subd. 1a. City council; city employees.  Neither the mayor nor any city council member may be employed by the city.  For purposes of this subdivision, "employed" refers to full-time permanent employment as defined by the city's employment policy.
       Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify. 
        Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. 
        Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. 
        Subd. 3. Clerk, treasurer combined. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk-treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk-treasurer or a duly appointed deputy. he offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section and the city’s annual revenue for all governmental and enterprise funds combined is more than $100,000, the council shall provide for an annual audit of the city’s financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city’s annual revenue for all governmental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city’s financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. 
        Subd. 4. Repealed, 1973 c 34 s 7 
        Subd. 5. Repealed, 1983 c 359 s 151 
        Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule.

History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s 1-4; 1967 c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s 1 subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c 337 s 5; 1976 c 2 s 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 a 1; 1999 c 132 s 43; 2010 c 206 s 2 

NOTES AND DECISIONS

412.02 
        Person elected to fill remainder of unexpired term may assume office upon receipt of election certificate. Op. Atty. Gen. 471-m, November 23, 1999. 
        Majority of councilmen cannot resign leaving council powerless to transact business. They must hold office until their successors are chosen and qualify. Op. Atty. Gen. 47J, April 17, 1967. 
        Upon a finding that a village trustee had ceased to be an inhabitant of the village, the council was authorized to declare a vacancy and fill each vacancy by appointment pursuant to this section. Op. Atty. Gen. 471M, February 23, 1967. 
        A vacancy in office of the treasurer must be filled by village council although it is to be combined with the office of clerk at a later date. Op. Atty. Gen. 358E-7, March 5, 1965. 
        “Lame Duck” trustee can vote on appointment filling vacancy. Majority of those voting carry appointment motion. Op. Atty. Gen. 471M, December 29, 1958. 
        Trustee who has ceased to be an inhabitant of village does not have right to maintain such office, and he has no right to vote for a successor. Op. Atty. Gen. 471M, June 6, 1958. 
        Where nonresident received highest number of votes for office of treasurer, a vacancy occurs which should be filled by appointment. Op. Atty. Gen., December 8, 1947. 
        A vacancy does not occur because of absence in military service. Op. Atty. Gen., September 4, 1942.

 

412.022 COUNCIL MAY PROVIDE FOUR-YEAR TERM.

        Subdivision 1. Procedure. The council may, by ordinance, establish a four-year term or reestablish a two-year term for the office of mayor commencing with the ensuing term, except that in a standard plan city which establishes a four-year term for mayor, the first mayor to serve a four-year term shall be elected at the first election when the clerk is not to be elected. In any case the ordinance shall not affect the term of the mayor elected in the year in which it is adopted unless it is adopted at least four weeks before the closing date for the filing of affidavits of candidacy for such election. 
        Subd. 2. Repealed, 1976 c 44 s 70 
        Subd. 3. Repealed, 1976 c 44 s 70

History: 1967 c 289 s 16; 1969 c 238 s 1; 1973 c 34 s 3; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 22; 1984 c 655 art 1 s 64

 

414.041 CONSOLIDATION OF MUNICIPALITIES.

        Subdivision 1. Initiating the proceeding. (a) Two or more municipalities may be the subject of a single proceeding provided that each municipality abuts at least one of the included municipalities. 
        (b) The proceeding shall be initiated in one of the following ways: 
        (1) submitting to the director a resolution of the city council of each affected municipality; 
        (2) submitting to the director a petition signed by a number of residents eligible to vote equivalent to five percent or more of the resident voters of a municipality who voted for governor at the last general election; or 
        (3) by the director. 
        (c) The petition or resolution shall set forth the following information about each included municipality: name, description of boundaries, the reasons for requesting the consolidation and the names of all parties entitled to mailed notice under section 414.09. 
        (d) The party initiating the proceeding shall serve copies of the petition or resolution on all of the included municipalities.

For text of subds. 2 to 8, see M.S.2002

History: 2004 c 293 art 2 s 47

NOTES AND DECISIONS

414.041 
        Voter approval of municipal consolidation requires the affirmative vote of the majority of persons voting on the issue of consolidation, not a majority vote of all persons voting at the general election. Op. Atty. Gen. 484e-1, October 5, 2000.

 

447.32 OFFICERS AND ELECTIONS. 
NEW LANGUAGE 2010

        Subdivision 1. Terms of office. Each hospital district shall be governed by a hospital board composed of one member elected from each city and town in the district and one member elected at large. A member’s term of office is four years commencing on the first Monday in January and until a successor qualifies. At the first election, however, members must be elected for terms set by the governing body calling the election, so that half the terms, as nearly as may be, expire on the first Monday in January of the next odd-numbered year and the remaining terms expire two years from that date. After that, before a member’s term expires, a new member shall be elected for a term of four years from the expiration date. 
        If a member dies, resigns, fails to qualify, or moves from the hospital district, a successor may be appointed by a majority of the remaining members of the board. The successor shall hold office until the first Monday in January after the next regular hospital district election. At the election a successor must be elected to fill the unexpired term. 
        When an additional city or town is annexed to the district, in accordance with section 447.36, its governing body shall by resolution appoint a member to the board. The member shall hold office until the first Monday in January after the next regular hospital district election. At the election a successor must be elected for a term of either two or four years, to be set by the hospital board so that the number of members of the board whose terms expire in any later year will not exceed one-half of the members plus one. 
        Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law applies to hospital district elections, as far as practicable. Regular elections must be held in each hospital district at the same time, in the same election precincts, and at the same polling places as general elections of state and county officers. It may establish the whole district as a single election precinct or establish two or more different election precincts and polling places for the elections. If there is more than one precinct, the boundaries of the election precincts and the locations of the polling places must be defined in the notice of election, either in full or by reference to a description or map on file in the office of the clerk. 
        Special elections may be called by the hospital board to vote on any matter required by law to be submitted to the voters. A special election may not be conducted either during the 30 days before and the 30 days after the state primary or state general election, or during the 20 days before and the 20 days after the regularly scheduled election of any municipality wholly or partially within the hospital district. Special elections must be held within the election precinct or precincts and at the polling place or places designated by the board. In the case of the first election of officers of a new district, precincts and polling places must be set by the governing body of the most populous city or town included in the district. 
        Advisory ballots may be submitted by the hospital board on any question it wishes, concerning the affairs of the district, but only at a regular election or at a special election required for another purpose. 
        Subd. 3. Election notices. At least two weeks before the first day to file affidavits of candidacy, the clerk of the district shall publish a notice stating the first and last day on which affidavits of candidacy may be filed, the places for filing the affidavits and the closing time of the last day for filing. The clerk shall post a similar notice in at least one conspicuous place in each city and town in the district at least ten days before the first day to file affidavits of candidacy.
At least 53 days prior to every hospital district election, the hospital district clerk shall provide a written notice to the county auditor of each county in which the hospital district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. At least 46 days before a hospital district election for which a notice is provided to the county auditor under this subdivision, the county auditor shall provide a notice to the secretary of state in a manner and including information prescribed by the secretary of state. 
        The notice of each election must be posted in at least one public and conspicuous place within each city and town included in the district at least ten days before the election. It must be published in the official newspaper of the district or, if a paper has not been designated, in a legal newspaper having general circulation within the district, at least two weeks before the election. Failure to give notice does not invalidate the election of an officer of the district. A voter may contest a hospital district election in accordance with chapter 209. Chapter 209 applies to hospital district elections. 
        Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than 70 91 days nor less than 56 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass. 
        After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy. 
        Subd. 5. Board meetings. Regular meetings of the hospital board must be held at least once a month, at a time and place the board sets by resolution. A hospital board which no longer operates a district hospital shall meet annually, or more frequently as determined by the board. Special meetings may be held: 
        (1) at any time upon the call of the chair or of any two other members; 
        (2) upon written notice mailed to each member three days before the meeting; 
        (3) upon other notice as the board by resolution may provide; or 
        (4) without notice if each member is present or files with the clerk a written consent to holding the meeting. The consent may be filed before or after the meeting. Any action within the authority of the board may be taken by the vote of a majority of the members present at a regular or adjourned regular meeting or at a duly called special meeting, if a quorum is present. A majority of all the members of the board constitutes a quorum, but a lesser number may meet and adjourn from time to time and compel the attendance of absent members. 
        Subd. 6. Officers’ election. At its first regular meeting after each regular election, the board shall elect one of their number as chair. They shall also select a clerk and treasurer who may be members of the board or others. The chair, clerk, and treasurer shall hold office at the pleasure of the board, subject to the terms of any contract of employment that the board may enter into with the clerk or treasurer. 
        Subd. 7. Officers’ duties. The chair shall preside at all meetings of the board, shall sign orders upon the treasurer for claims allowed by the board, and shall perform all duties usually incumbent upon a presiding officer. The clerk shall record the minutes of all meetings of the board, shall countersign all orders upon the treasurer, and shall be the custodian of district books and records. The treasurer shall be the custodian of all money received by the district, and shall pay out money only on orders signed by the chair and clerk. Each order must state the nature of the claim for which it is issued, the name of the payee, and the fund on which it is drawn. It may be drawn so that when signed by the treasurer in an appropriate place it becomes a check on the depository of funds of the hospital district. In case of absence, inability, or refusal of the chair, clerk, or treasurer to execute and disburse orders in payment of a claim duly allowed by the hospital board, the board may declare any of their offices vacant and fill them by appointment. The board may also appoint a deputy to perform the functions of the officers, subject to the officers’ supervision and control. 
        Subd. 8. Compensation. The members of the hospital board shall receive the compensation fixed by the board. Each board member may also be reimbursed for actual and necessary expenses incurred in the performance of official duties as provided for state employees, except that mileage must be compensated under section 471.665, subdivision 1. 
        Subd. 9. Liability for damages. Except as otherwise provided in this subdivision, no person who serves without compensation as a member of the board of a hospital district created or organized under sections 447.31 to 447.37 shall be held civilly liable for an act or omission by that person if the act or omission was in good faith, was within the scope of the person’s responsibilities as a member of the board and did not constitute willful or reckless misconduct. This subdivision does not apply to: 
        (1) an action or proceeding brought by the attorney general for a breach of a fiduciary duty as a director; 
        (2) a cause of action to the extent it is based on federal law; or 
        (3) a cause of action based on the board member’s express contractual obligation. 
        Nothing in this subdivision shall be construed to limit the liability of a member of the board for physical injury to the person of another or for wrongful death which is personally and directly caused by the board member.
For purposes of this subdivision the term “compensation” means any thing of value received for services rendered, except: 
        (1) reimbursement for expenses actually incurred; 
        (2) a per diem in an amount not to exceed the per diem authorized for state advisory councils and committees pursuant to section 15.059, subdivision 3; or 
        (3) payment by the hospital district of insurance premiums on behalf of a member of the board.

History: 1959 c 570 s 2; 1965 c 51 s 76,77; 1971 c 338 s 1; 1973 c 123 art 5 s 7; 1978 c 674 s 60; 1979 c 210 s 1,2; 1986 c 444; 1987 c 229 art 10 s 1; 1987 c 326 s 3; 1991 c 227 s 25-27; 1995 c 207 art 9 s 50; 1999 c 132 s 44; 2000 c 467 s 33, 34; 2004 c 293 art 2 s 48,49;2005 c 156 art 6 s 65; 2010 c 184 s 44 

NOTES AND DECISIONS

447.32 
        Candidates not elected at large may be voted on only by voters in unit to be represented. Op. Atty. Gen. 1001-k, August 31, 1961. 
 

471.46 VACANCIES; PERSONS INELIGIBLE TO APPOINTMENT.

        No county, city, town or school district officer shall be appointed to fill a vacancy in any elective office if the officer has the power, either alone or as a member of a board, to make the appointment; and the ineligibility shall not be affected by resignation before such appointment is made. This section shall not prevent the appointment of a member of a city council to the office of mayor or clerk, but in that case the member shall not vote in the appointment.

History:
(254-49) 1939 c 249; 1943 c 346 s 1; 1959 c 422 s 1; 1973 c 123 art 5 s 7; 1986 c 444

 

471.87 PUBLIC OFFICERS, INTEREST IN CONTRACT; PENALTY.

        Except as authorized in section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor.

History:
1951 c 379 s 1; 1955 c 41 s 1; 1986 c 444

 

471.895 CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.

        Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section. 
        (b) "Gift" has the meaning given it in section 10A.071, subdivision 1. 
        (c) "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. 
        (d) "Local official" means an elected or appointed official of a county or city or of an agency, authority, or instrumentality of a county or city. 
        Subd. 2. Prohibition. An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person. 
        Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is: 
        (1) a contribution as defined in section 211A.01, subdivision 5; 
        (2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents; 
        (3) services of insignificant monetary value; 
        (4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause; 
        (5) a trinket or memento costing $5 or less; 
        (6) informational material of unexceptional value; or 
        (7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program. 
        (b) The prohibitions in this section do not apply if the gift is given: 
        (1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group; 
        (2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or 
        (3) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendees.

History: 1994 c 377 s 6; 2001 c 93 s 1; 2005 c 156 art 6 s 66

 

473.121 DEFINITIONS.

        Subdivision 2. Metropolitan area or area. “Metropolitan area” or “area” means the area over which the metropolitan council has jurisdiction, including only the counties of Anoka, Carver, Dakota excluding the city of Northfield, Hennepin excluding the city of Hanover, Ramsey, Scott excluding the city of New Prague, and Washington. 
        Subd. 4. Metropolitan county. “Metropolitan county” means any one of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington.

History: 1975 c 13 s 1; 1976 c 127 s 24; 1976 c 179 s 1-6; 1977 c 347 s 68; 1977 c 421 s 6; 1977 c 454 s 29-32; 1978 c 543 s 1; 1980 c 378 s 1; 1980 c 564 art 10 s 1; 1983 c 330 s 1; 1984 c 654 art 3 s 101-107; 1985 c 248 s 70; 1986 c 460 s 1-3; 1987 c 384 art 2 s 1; 1994 c 628 art 3 s 36,37; 1995 c 186 s 82; 1995 c 236 s 3 
 

475.58 OBLIGATIONS; ELECTIONS TO DETERMINE ISSUE.  
NEW LANGUAGE 2009

        Subdivision 1. Approval by electors; exceptions. Obligations authorized by law or charter may be issued by any municipality upon obtaining the approval of a majority of the electors voting on the question of issuing the obligations, but an election shall not be required to authorize obligations issued: 
        (1) to pay any unpaid judgment against the municipality; 
        (2) for refunding obligations; 
        (3) for an improvement or improvement program, which obligation is payable wholly or partly from the proceeds of special assessments levied upon property specially benefited by the improvement or by an improvement within the improvement program, or of taxes levied upon the increased value of property within a district for the development of which the improvement is undertaken, including obligations which are the general obligations of the municipality, if the municipality is entitled to reimbursement in whole or in part from the proceeds of such special assessments or taxes and not less than 20 percent of the cost of the improvement or the improvement program is to be assessed against benefited property or is to be paid from the proceeds of federal grant funds or a combination thereof, or is estimated to be received from such taxes within the district; 
        (4) payable wholly from the income of revenue producing conveniences; 
        (5) under the provisions of a home rule charter which permits the issuance of obligations of the municipality without election; 
        (6) under the provisions of a law which permits the issuance of obligations of a municipality without an election; 
        (7) to fund pension or retirement fund or postemployment benefit liabilities of a municipality or postemployment benefit liabilities of a school district pursuant to section 475.52, subdivision 6; 
        (8) under a capital improvement plan under section 373.40; and 
        (9) under sections 469.1813 to 469.1815 (property tax abatement authority bonds), if the proceeds of the bonds are not used for a purpose prohibited under section 469.176, subdivision 4g, paragraph (b); 
        (10) to fund postemployment benefit liabilities pursuant to section 475.52, subdivision 6, of a municipality, other than a school district, if the liabilities are limited to: 
        (i) satisfying the requirements of section 471.61, subdivision 2b; and 
        (ii) other postemployment benefits, which the municipality no longer provides to employees hired after a date before the obligations are issued; and 
        (11) under section 475.55.

        Subd. 1a. Resubmission limitation. If the electors do not approve the issuing of obligations at an election required by subdivision 1, the question of authorizing the obligations for the same purpose and in the same amount may not be submitted to the electors within a period of 180 days from the date the election was held. If the question of authorizing the obligations for the same purpose and in the same amount is not approved a second time it may not be submitted to the electors within a period of one year after the second election. 
        Subd. 2. Funding, refunding. Any county, city, town, or school district whose outstanding gross debt, including all items referred to in section 475.51, subdivision 4, exceed in amount 1.62 percent of its market value may issue bonds under this subdivision for the purpose of funding or refunding such indebtedness or any part thereof. A list of the items of indebtedness to be funded or refunded shall be made by the recording officer and treasurer and filed in the office of the recording officer. The initial resolution of the governing body shall refer to this subdivision as authority for the issue, state the amount of bonds to be issued and refer to the list of indebtedness to be funded or refunded. This resolution shall be published once each week for two successive weeks in a legal newspaper published in the municipality or if there be no such newspaper, in a legal newspaper published in the county seat. Such bonds may be issued without the submission of the question of their issue to the electors unless within ten days after the second publication of the resolution a petition requesting such election signed by ten or more voters who are taxpayers of the municipality, shall be filed with the recording officer. In event such petition is filed, no bonds shall be issued hereunder unless authorized by a majority of the electors voting on the question. 
        Subd. 3. Expired. 
        Subd. 3a. Youth ice facilities. A municipality may, without regard to the election requirement under subdivision 1 or under any other provision of law or home rule charter, issue and sell obligations to refund existing debt of an indoor ice arena that is used predominantly for youth athletic activity if all the following conditions are met: 
        (1) the obligations are secured by a pledge of revenues from the facility; and 
        (2) the governing body of the municipality finds, based on analysis provided by a professional experienced in finance, that the facility’s revenues and other available money will be sufficient to pay the obligations, without reliance on a property tax levy or the municipality’s general purpose state aid. 
        Subd. 3a. Street reconstruction. (a) A municipality may, without regard to the election requirement under subdivision 1, issue and sell obligations for street reconstruction, if the following conditions are met: 
        (1) the streets are reconstructed under a street reconstruction plan that describes the street reconstruction to be financed, the estimated costs, and any planned reconstruction of other streets in the municipality over the next five years, and the plan and issuance of the obligations has been approved by a vote of all of the members of the governing body present at the meeting following a public hearing for which notice has been published in the official newspaper at least ten days but not more than 28 days prior to the hearing; and 
        (2) if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the last municipal general election and is filed with the municipal clerk within 30 days of the public hearing, the municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of the issuance of the obligations. 
        (b) Obligations issued under this subdivision are subject to the debt limit of the municipality and are not excluded from net debt under section 475.51, subdivision 4. 
        (c) For purposes of this subdivision, street reconstruction includes utility replacement and relocation and other activities incidental to the street reconstruction, turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. 
        (d) Except in the case of turn lanes, safety improvements, realignments, intersection modifications, and the local share of state and county road projects, street reconstruction does not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. 
        Subd. 4. Proper use of bond proceeds. The proceeds of obligations issued after approval of the electors under this section may only be spent: (1) for the purposes stated in the ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties, premiums, and costs of issuance of the obligations. The proceeds may not be spent for a different purpose or for an expansion of the original purpose without the approval by a majority of the electors voting on the question of changing or expanding the purpose of the obligations.

History: (1938 6) 1927 c 131 s 4; 1949 c 682 s 8; 1951 c 422 s 4; 1955 c 298 s 1; 1969 c 446 s 1; 1971 c 886 s 1; 1971 c 903 s 3; 1973 c 123 art 5 s 7; 1974 c 380 s 8,9; 1Sp1985 c 14 art 8 s 53; 1988 c 519 s 4; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1990 c 480 art 9 s 22; 1991 c 342 s 16; 1995 c 256 s 26,27; 1996 c 463 s 48; 1998 c 389 art 3 s 25; art 8 s 24; 1999 c 248 s 14; 2001 c 214 s 43; 1Sp2001 c 5 art 15 s 28; 2008 c 154 a 10 s 25, 26; 2009 c 88 a 2 s 36; 2009 c 96 a 1 s 19

NOTES AND DECISIONS

475.58
        Bond proceeds may not be used for purposes other than those approved in bond election. State ex. rel. Traeger v. Carlton, 242 Minn. 296, 64 N.W.2d 776 (1954); Op. Atty. Gen. 159-A-5, July 16, 1982.

 

524.5-310 FINDINGS; ORDER OF APPOINTMENT                
NEW LANGUAGE 2009

        (a) The court may appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: 
        (1) the respondent is an incapacitated person; and 
        (2) the respondent's identified needs cannot be met by less restrictive means, including use of appropriate technological assistance. 
        (b) Alternatively, the court, with appropriate findings, may treat the petition as one for a protective order under section 524.5 401, enter any other appropriate order, or dismiss the proceeding. 
        (c) The court shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and, whenever feasible, make appointive and other orders that will encourage the development of the ward's maximum self reliance and independence. Any power not specifically granted to the guardian, following a written finding by the court of a demonstrated need for that power, is retained by the ward. 
        (d) Within 14 days after an appointment, a guardian shall send or deliver to the ward, and counsel if represented at the hearing, a copy of the order of appointment accompanied by a notice which advises the ward of the right to appeal the guardianship appointment in the time and manner provided by the Rules of Appellate Procedure. 
        (e) Each year, within 30 days after the anniversary date of an appointment, a guardian shall send or deliver to the ward and to interested persons of record with the court a notice of the right to request termination or modification of the guardianship or to request an order that is in the best interests of the ward or for other appropriate relief, and notice of the status of the ward's right to vote.

History: 2003 c 12 art 1 s 34; 2005 c 156 art 6 s 67; 2009 c 150 s 8

 

609.02 DEFINITIONS.  

        Subdivision 1. Crime. “Crime” means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. 
        Subd. 2. Felony. “Felony” means a crime for which a sentence of imprisonment for more than one year may be imposed. 
        Subd. 2a. Repealed, 1999 c 194 s 11 
        Subd. 3. Misdemeanor. “Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. 
        Subd. 4. Gross misdemeanor. “Gross misdemeanor” means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000. 
        Subd. 4a. Petty misdemeanor. “Petty misdemeanor” means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. 
        Subd. 5. Conviction. “Conviction” means any of the following accepted and recorded by the court: 
        (1) A plea of guilty; or 
        (2) A verdict of guilty by a jury or a finding of guilty by the court.
[Subd.6-16 not included]

History: 1963 c 753 art 1 s 609.02; 1969 c 735 s 3; Ex1971 c 27 s 42,43; 1977 c 355 s 2; 1979 c 258 s 2,3; 1983 c 274 s 14; 1983 c 331 s 4,5; 1985 c 167 s 1; 1986 c 444; 1987 c 307 s 1,2; 1987 c 329 s 3; 1987 c 384 art 2 s 1; 1989 c 5 s 1,2; 1992 c 571 art 6 s 10; 1993 c 326 art 5 s 6; 1997 c 239 art 9 s 34; 1Sp1997 c 2 s 59,60; 1999 c 194 s 5; 2000 c 488 art 5 s 2,3; 1Sp2001 c 8 art 10 s 7

609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS.

        Subdivision 1. Restoration. When a person has been deprived of civil rights by reason of
conviction of a crime and is thereafter discharged, such discharge shall restore the person to all
civil rights and to full citizenship, with full right to vote and hold office, the same as if such
conviction had not taken place, and the order of discharge shall so provide. 
        Subd. 1a. Certain convicted felons ineligible to possess firearms. The order of discharge
must provide that a person who has been convicted of a crime of violence, as defined in section
624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm for the
remainder of the person's lifetime. Any person who has received such a discharge and who
thereafter has received a relief of disability under United States Code, title 18, section 925, or
whose ability to possess firearms has been restored under subdivision 1d, shall not be subject to
the restrictions of this subdivision. 
        Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a crime of
violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or
receives a firearm, commits a felony and may be sentenced to imprisonment for not more than 15
years or to payment of a fine of not more than $30,000, or both. 
        (b) A conviction and sentencing under this section shall be construed to bar a conviction and
sentencing for a violation of section 624.713, subdivision 2. 
        (c) The criminal penalty in paragraph (a) does not apply to any person who has received a
relief of disability under United States Code, title 18, section 925, or whose ability to possess
firearms has been restored under subdivision 1d. 
        Subd. 1c. [Repealed, 1999 c 61 s 2] 
        Subd. 1d. Judicial restoration of ability to possess a firearm by a felon. A person
prohibited by state law from shipping, transporting, possessing, or receiving a firearm because of
a conviction or a delinquency adjudication for committing a crime of violence may petition a
court to restore the person's ability to possess, receive, ship, or transport firearms and otherwise
deal with firearms. 
        The court may grant the relief sought if the person shows good cause to do so and the person
has been released from physical confinement. 
        If a petition is denied, the person may not file another petition until three years have elapsed
without the permission of the court. 
        Subd. 2. Discharge. The discharge may be: 
        (1) by order of the court following stay of sentence or stay of execution of sentence; or 
        (2) upon expiration of sentence. 
        Subd. 3. Applicability. This section does not apply to a forfeiture of and disqualification
for public office as provided in section 609.42, subdivision 2.

History: 1963 c 753 art 1 s 609.165; 1973 c 654 s 15; 1975 c 271 s 6; 1978 c 723 art 1
s 15; 1986 c 444; 1987 c 276 s 1; 1994 c 636 art 3 s 9; 1996 c 408 art 4 s 7; 1998 c 376 s 5;
2003 c 28 art 3 s 3-5; 2005 c 83 s 1


NOTES AND DECISIONS

609.165 
        Firearm prohibition statute was applicable to defendant, who had been convicted of felony second-degree burglary, even though his conviction was later deemed a misdemeanor; conviction, even if subsequently deemed a misdemeanor, was a “crime of violence” for purposes of firearm prohibitions statue. State v. Anderson, 733 N.W.2d 128 (Minn. 2007).

 

609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.

        A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both: 
        (1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or 
        (2) In the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or 
        (3) Under pretense or color of official authority intentionally and unlawfully injures another in the other’s person, property, or rights; or 
        (4) In the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect.

History: 1963 c 753 art 1 s 609.43; 1984 c 628 art 3 s 11; 1986 c 444

 

609B.139 ELECTIONS; COLLATERAL SANCTIONS. 

        Sections 609B.140 to 609B.146 provide references to collateral sanctions related to elections.

History: 2005 c 136 art 14 s 18

 

609B.140 CONVICTION FOR FAILURE TO PROSECUTE; FORFEITURE OF OFFICE. 

        A county attorney convicted of a misdemeanor under section 201.275 shall forfeit office.

History: 2005 c 136 art 14 s 18

 

609B.141 CONVICTION FOR TREASON OR FELONY; INELIGIBILITY FOR BALLOT CERTIFICATION. 

        If a person is convicted of a felony or treason and has not had the person's civil rights
restored, under section 204B.10 the person's name shall not be certified to be placed on a ballot.

History: 2005 c 136 art 14 s 18

 

609B.142 CONVICTED SEX OFFENDER; INELIGIBLE FOR OFFICE OF SCHOOL BOARD MEMBER. 

        Under section 205A.06, subdivision 1b, a person convicted of an offense for which
registration is required under section 243.166 is ineligible to become a candidate for the office of
school board member and may not file an affidavit of candidacy for that office. Ineligibility is
determined by registration requirements in effect at the time the offender files for office.

History: 2005 c 136 art 14 s 18


609B.143 VIOLATION OF CAMPAIGN FINANCIAL REPORTS; FORFEITURE OF NOMINATION OR OFFICE. 

        If a candidate is convicted of a campaign violation under section 211A.09, the court shall
declare that the candidate has forfeited nomination or office.

History: 2005 c 136 art 14 s 18 
 

 

609B.144 CONVICTION FOR VIOLATION OF CAMPAIGN FINANCIAL REPORTS; DISQUALIFICATION. 

        A person convicted of violating chapter 211A or a person whose election to office has been
set aside for violating chapter 211A may not be appointed to fill a vacancy in the office under
section 211A.10.

History: 2005 c 136 art 14 s 18

 

609B.146 CONVICTION FOR VIOLATION OF FAIR CAMPAIGN PRACTICES;
DISQUALIFICATION. 

        A person convicted of violating chapter 211B or a person whose election to office has been
set aside for violating chapter 211B may not be appointed to fill a vacancy in the office under
section 211B.18.

History: 2005 c 136 art 14 s 18  

 

626.846 ATTENDANCE, FORFEITURE OF POSITION.

        Subd. 6. Office of sheriff; licensure as peace officer required. A person seeking election to the office of sheriff must be licensed as a peace officer. A person seeking appointment to the office of sheriff, or seeking appointment to the position of chief law enforcement officer, as defined by the rules of the board, after June 30, 1987, must be licensed or eligible to be licensed as a peace officer. The person shall submit proof of peace officer licensure or eligibility as part of the application for office. A person elected or appointed to the office of sheriff or the position of chief law enforcement officer shall be licensed as a peace officer during the person’s term of office or employment.

History: 1967 c 870 s 6; 1977 c 433 s 8; 1977 c 455 s 90; 1978 c 681 s 13-18; 1980 c 578 s 3,4; 1981 c 310 s 5,6; 1986 c 444; 1987 c 358 s 130; 1994 c 636 art 4 s 33; 1997 c 7 art 1 s 169; 1997 c 147 s 78

NOTES AND DECISIONS

626.846 
        Requirement that sheriff be licensed as peace officer is valid. Elbers v. Growe, 502 N.W.2d 810 (Minn. Ct. App. 1993). 

 

645.08 CANONS OF CONSTRUCTION.

        In construing the statutes of this state, the following canons of interpretation are to govern, unless their observance would involve a construction inconsistent with the manifest intent of the legislature, or repugnant to the context of the statute: 
        (1) Words and phrases are construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a special meaning, or are defined in this chapter, are construed according to such special meaning or their definition; 
        (2) The singular includes the plural; and the plural, the singular; words of one gender include the other genders; words used in the past or present tense include the future; 
        (3) General words are construed to be restricted in their meaning by preceding particular words; 
        (4) Words in a law conferring a joint authority upon three or more public officers or other persons are construed to confer authority upon a majority of such officers or persons; and 
        (5) A majority of the qualified members of any board or commission constitutes a quorum.

History: 1941 c 492 s 8; 1986 c 444

 

645.11 PUBLISHED NOTICE.

        Unless otherwise specifically provided, the words “published notice,” when used in reference to the giving of notice in any proceeding or the service of any summons, order, or process in judicial proceedings, mean the publication in full of the notice, or other paper referred to, in the regular issue of a qualified newspaper, once each week for the number of weeks specified. When the publication day of any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication of notice in any proceeding or the publication of any summons, order, or process in judicial proceedings, may be made either the day before or the day after Thanksgiving Day, or such legal holiday. When the published notice contains a description of real estate which is located within the legal limits of any city, which city is situated in more than one county, such published notice may be published in any legal newspaper within such city.

History: 1941 c 103; 1941 c 492 s 11; 1973 c 123 art 5 s 7

 

645.12 POSTED NOTICE.

        Subdivision 1. Definition. The term “posted notice,” when used in reference to the giving of notice in any proceeding or the service of any summons, order, or process in judicial proceedings, means the posting, at the beginning of the prescribed period of notice, of a copy of the notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the town, city, district, or county to which the subject matter of the notice relates, or in which the thing of which notice is given is to occur or to be performed. 
        Subd. 2. Posting; large number of similar notices in same proceeding. Posting, posting in a conspicuous place, or conspicuously posting shall, when the number of notices of like nature in the same proceeding is so large that it would be impractical to affix the notices separately to a wall, post, or bulletin board, include placing the notices in a loose leaf binder or binders with a statement of the contents on the outside thereof, which shall be kept on a table or counter in the designated place of posting, provided that such notices shall be accessible and subject to inspection by the public at all times.  
        Subd. 3. Posting; large number of licenses issued to same person. Posting, posting in a conspicuous place, or conspicuously posting shall, when the number of licenses issued to the same person, persons, copartnership, or corporation is so large that it would be impractical to affix the licenses separately to a wall, post, or fixture, include placing such licenses in a series of open face envelopes with a statement of the contents on the outside thereof, which shall be prominently displayed, provided that such licenses shall be accessible and subject to inspection at all times.

History:
1941 c 492 s 12

 

645.13 TIME; PUBLICATION FOR SUCCESSIVE WEEKS.

        When the term “successive weeks” is used in any law providing for the publishing of notices, the word “weeks” shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in “successive weeks” shall elapse between the first publication and the day for the happening of the event for which the publication is made.

History: 1941 c 492 s 13

 

645.14 TIME; COMPUTATION OF MONTHS.

        When, in any law, the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in the last months so counted having the same numerical order as the day of the month from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted.

History: 1941 c 492 s 14

 

645.15 COMPUTATION OF TIME.

        Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time, except as otherwise provided in sections 645.13 and 645.14, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation.

History:
1941 c 492 s 15; 1981 c 117 s 1

 

645.44 PARTICULAR WORDS AND PHRASES.                              
NEW LANGUAGE 2009        

        Subdivision 1. Meanings ascribed. The following words, terms, and phrases used in Minnesota Statutes or any legislative act shall have the meanings given them in this section, unless another intention clearly appears. 
        Subd. 1a. Appellate courts. “Appellate courts” means the supreme court and the court of appeals. 
        Subd. 1b. Chair. “Chair” includes chairman, chairwoman, and chairperson. 
        Subd. 2. Court administrator. When used in reference to court procedure, “court administrator” means the court administrator of the court in which the action or proceeding is pending, and “court administrator’s office” means that court administrator’s office. 
        Subd. 3. County, town, city. When a county, town or city is mentioned, without any particular description, it imports the particular county, town or city appropriate to the matter. 
        Subd. 3a. Repealed, 1976 c 44 s 70 
        Subd. 4. Folio. “Folio” means 100 words, counting as a word each number necessarily used; if there be fewer than 100 words in all, the paper shall be computed as one folio; likewise any excess over the last full folio. 
        Subd. 5. Holidays. “Holiday” includes New Year’s Day, January 1; Martin Luther King’s Birthday, the third Monday in January; Washington’s and Lincoln’s Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year’s Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year’s Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. No public business shall be transacted on any holiday, except in cases of necessity and except in cases of public business transacted by the legislature, nor shall any civil process be served thereon. However, for the executive branch of the state of Minnesota, “holiday” also includes the Friday after Thanksgiving but does not include Christopher Columbus Day. Other branches of state government and political subdivisions shall have the option of determining whether Christopher Columbus Day and the Friday after Thanksgiving shall be holidays. Where it is determined that Columbus Day or the Friday after Thanksgiving is not a holiday, public business may be conducted thereon.
Any agreement between a public employer and an employee organization citing Veterans Day as the fourth Monday in October shall be amended to cite Veterans Day as November 11.
Subd. 5a. Public member. “Public member” means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated, or an activity directly related to the profession or occupation being licensed or regulated. 
        Subd. 6. Oath; affirmation; affirm; sworn. “Oath” includes “affirmation” in all cases where by law an affirmation may be substituted for an oath; and in like cases “swear” includes “affirm” and “sworn” “affirmed.” 
        Subd. 7. Person. “Person” may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. 
        Subd. 8. Population; inhabitants. When used in reference to population, “population” and “inhabitants” mean that shown by the last preceding federal decennial census unless otherwise expressly provided. 
        Subd. 8a. Public waters. “Public waters” means public waters as defined in section 103G.005, subdivision 15, and includes “public waters wetlands” as defined in section 103G.005, subdivision 15a. 
        Subd. 9. Recorded; filed for record. When an instrument in writing is required or permitted to be filed for record with or recorded by any officer, the same imports that it must be recorded by such officer in a suitable book kept for that purpose, unless otherwise expressly directed. 
        Subd. 10. Seal. When the seal of a court, public office, or corporation is required by law to be affixed to any paper, the word “seal” includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. 
        Subd. 11. State; United States. When applied to a part of the United States, “state” extends to and includes the District of Columbia and the several territories. “United States” embraces the District of Columbia and territories. 
        Subd. 12. Sheriff. “Sheriff” may be extended to any person officially performing the duties of a sheriff, either generally or in special cases. 
        Subd. 13. Time; month; year. “Month” means a calendar month and “year” means a calendar year, unless otherwise expressed; and “year” is equivalent to the expression “year of our Lord.” 
        Subd. 13a. Wetlands. “Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: 
        (1) have a predominance of hydric soils; 
        (2) are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 
        (3) under normal circumstances, support a prevalence of such vegetation. 
        Subd. 14. Writing. “Written” and “in writing” may include any mode of representing words and letters. The signature of a person, when required by law, (a) must be in the handwriting of the person or, (b) if the person is unable to write, (i) the person’s mark or name written by another at the request and in the presence of the person or, (ii) by a rubber stamp facsimile of the person’s actual signature, mark, or a signature of the person’s name or a mark made by another and adopted for all purposes of signature by the person with a motor disability and affixed in the person’s presence. 
        Subd. 15. May. “May” is permissive. 
        Subd. 15a. Must. “Must” is mandatory. 
        Subd. 16. Shall. “Shall” is mandatory. 
        Subd. 17. Violate. “Violate” includes failure to comply with. 
        Subd. 18. Pledge; mortgage; conditional sale; lien; assignment. “Pledge,” “mortgage,” “conditional sale,” “lien,” “assignment,” and similar terms used in referring to a security interest in goods include corresponding types of security interests under article 9 of the Uniform Commercial Code. 
        Subd. 19. Fee and tax. (a) “Tax” means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good service, or other thing. It excludes a price that an individual or entity chooses voluntarily to pay in return for receipt of goods or services provided by the governmental entity. A government good or service does not include access to or the authority to engage in private market transactions with a nongovernmental party such as licenses to engage in a trade, profession or business or to improve private property. 
        (b) For purposes of applying the laws of this state, a “fee,” “charge,” or other similar term that satisfies the functional requirements of paragraph (a) must be treated as a tax for all purposes, regardless of whether the statute or law names or describes it as a tax. The provisions of this subdivision do not exempt a person, corporation, organization, or entity from payment of a validly imposed fee, charge, exaction, or assessment, nor preempt or supersede limitations under law that apply to fees, charges, or assessments. 
        (c) This subdivision is not intended to extend or limit article 4 section 18, of the Minnesota Constitution.

History: 1941 c 492 s 44; 1945 c 337 s 1; 1947 c 201 s 4; 1955 c 495 s 1; 1955 c 783 s 1; 1959 c 52 s 2; 1965 c 812 s 25; 1969 c 69 s 1; 1973 c 123 art 5 s 2,7; 1973 c 228 s 1; 1973 c 343 s 1; 1974 c 88 s 1; 1977 c 347 s 64; 1979 c 332 art 1 s 92; 1980 c 487 s 21; 1983 c 247 s 216; 1984 c 656 s 4; 1986 c 444 s 5; 1Sp1986 c 3 art 1 s 82; 1990 c 391 art 8 s 57; 1991 c 354 art 6 s 19; 1996 c 462 s 43; 2000 c 382 s 18; 1Sp2001 c 10 art 2 s 84; 2009 c 88 a 12 s 18 
 

Last updated: 1/21/2014 3:58:09 PM