Bill Text: MN SF2390 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections administration provisions modifications and technical changes; metropolitan area soil and water conservation district supervisors election by supervisor districts requirement; special school district #6, South St. Paul; school district election districts dissolution
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2390 Detail]
Download: Minnesota-2013-SF2390-Engrossed.html
Bill Title: Elections administration provisions modifications and technical changes; metropolitan area soil and water conservation district supervisors election by supervisor districts requirement; special school district #6, South St. Paul; school district election districts dissolution
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2390 Detail]
Download: Minnesota-2013-SF2390-Engrossed.html
1.2relating to elections; modifying provisions related to election administration;
1.3making technical changes to provisions related to voting, voter registration,
1.4ballots, and other election-related provisions;amending Minnesota Statutes
1.52012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.12,
1.6subdivision 7, by adding a subdivision; 203B.22; 204B.09, subdivision 3;
1.7204B.19, subdivision 2; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2;
1.8204D.15, subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 370.05;
1.9375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections
1.10203B.04, subdivision 1; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision
1.111; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 201.081, is amended to read:
1.14201.081 REGISTRATION FILES.
1.15 Subdivision 1. Statewide registration system. The statewide registration system
1.16is the official record of registered voters. The voter registration applications and the
1.17terminal providing access to the statewide registration system must be under the control
1.18of the county auditor or the public official to whom the county auditor has delegated
1.19the responsibility for maintaining voter registration records. The voter registration
1.20applications and terminals providing access to the statewide registration system must not
1.21be removed from the control of the county auditor except as provided in this section.
1.22The county auditor may make photographic copies of voter registration applications in
1.23the manner provided by section138.17 .
1.24 A properly completed voter registration application that has been submitted to the
1.25secretary of state or a county auditor must be maintained by the secretary of state or the
1.26county auditor for at least 22 months after the date that the information on the application
1.27is entered into the database of the statewide registration system. The secretary of state
2.1or the county auditor may dispose of the applications after retention for 22 months in
2.2the manner provided by section138.17 .
2.3 Subd. 2. Exception. The secretary of state may maintain voter records of
2.4participants of the Safe at Home program for the purposes of chapter 5B.
2.5 Sec. 2. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read:
2.6 Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall
2.7prepare the master list for each county auditor. The records in the statewide registration
2.8system must be periodically corrected and updated by the county auditor. An updated
2.9master list for each precinct must be available for absentee voting at least32 46 days
2.10before each election. A final corrected master list must be available seven days before
2.11each election.
2.12 Sec. 3. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read:
2.13 Subd. 4. Request for removal of voter record. If a voter makes a written request
2.14for removal of the voter's record, the county auditor shallremove inactivate the record of
2.15the voterfrom in the statewide voter registration system.
2.16 Sec. 4. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
2.17amended to read:
2.18 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
2.19subdivision 2 or by section203B.11, subdivision 4 , an application for absentee ballots for
2.20any election may be submitted at any time not less than one day before the day of that
2.21election. The county auditor shall prepare absentee ballot application forms in the format
2.22provided by the secretary of state and shall furnish them to any person on request. By
2.23January 1 of each even-numbered year, the secretary of state shall make the forms to be
2.24used available to auditors through electronic means. An application submitted pursuant to
2.25this subdivision shall be in writing and shall be submitted to:
2.26 (1) the county auditor of the county where the applicant maintains residence; or
2.27 (2) the municipal clerk of the municipality, or school district if applicable, where
2.28the applicant maintains residence.
2.29 (b) An application shall be approved if it is timely received, signed and dated by
2.30the applicant, contains the applicant's name and residence and mailing addresses, date
2.31of birth, and at least one of the following:
2.32(1) the applicant's Minnesota driver's license number;
2.33(2) Minnesota state identification card number;
3.1(3) the last four digits of the applicant's Social Security number; or
3.2(4) a statement that the applicant does not have any of these numbers.
3.3(c) To be approved, the application must contain an oath that the information
3.4contained on the form is accurate, that the applicant is applying on the applicant's own
3.5behalf, and that the applicant is signing the form under penalty of perjury.
3.6(d) An applicant's full date of birth, Minnesota driver's license or state identification
3.7number, and the last four digits of the applicant's Social Security number must not be made
3.8available for public inspection. An application may be submitted to the county auditor
3.9or municipal clerk by an electronic facsimile device. An application mailed or returned
3.10in person to the county auditor or municipal clerk on behalf of a voter by a person other
3.11than the voter must be deposited in the mail or returned in person to the county auditor or
3.12municipal clerk within ten days after it has been dated by the voter and no later than six
3.13days before the election. The absentee ballot applications or a list of persons applying
3.14for an absentee ballot may not be made available for public inspection until the close of
3.15voting on election day, except as authorized in section 203B.12.
3.16 (e) An application under this subdivision may contain an application under
3.17subdivision 5 to automatically receive an absentee ballot application.
3.18 Sec. 5. Minnesota Statutes 2012, section 203B.12, subdivision 7, is amended to read:
3.19 Subd. 7. Names of personssubmitting; rejected absentee ballots. The names
3.20of voters who have submitted an absentee ballotreturn envelope to the county auditor
3.21or municipal clerk that has not been accepted may not be made available for public
3.22inspection until the close of voting on election day.
3.23 Sec. 6. Minnesota Statutes 2012, section 203B.12, is amended by adding a subdivision
3.24to read:
3.25 Subd. 8. Names of persons; accepted absentee ballots. For all elections where use
3.26of the statewide voter registration system is required, the secretary of state must maintain
3.27a list of voters who have submitted absentee ballots that have been accepted. For all other
3.28elections, the county auditor or municipal clerk must maintain a list of voters who have
3.29submitted absentee ballots that have been accepted. The lists must be available to the public
3.30in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
3.31 Sec. 7. Minnesota Statutes 2012, section 203B.22, is amended to read:
3.32203B.22 TRANSMITTING BALLOTS.
4.1 (a) The county auditor shall transmit the appropriate ballots, as promptly as possible,
4.2to an absent voter whose application has been recorded under section203B.19 . If the
4.3county auditor determines that a voter is not eligible to vote at the primary but will be
4.4eligible to vote at the general election, only general election ballots shall be transmitted.
4.5Only one set of ballots shall be transmitted to any applicant for any election, except that
4.6the county auditor may transmit a replacement ballot to a voter whose ballot has been
4.7spoiled or lost in transit or whose mailing address has changed after the date on which
4.8the original application was submitted as confirmed by the county auditor. Ballots to be
4.9sent outside the United States shall be given priority in transmission. A county auditor
4.10may make use of any special service provided by the United States government for the
4.11transmission of voting materials under sections203B.16 to
203B.27 .
4.12 (b) The county auditor must transmit the appropriate ballots by express mail
4.13immediately upon discovery that the ballots were not properly transmitted to the voter as
4.14a result of the following circumstances: (1) an application was received by the county
4.15auditor by the close of business at least 46 days before the election; (2) the county auditor
4.16failed to transmit the appropriate ballots by the 46th day before the election; and (3)
4.17the voter did not request that the ballots be electronically transmitted to the voter under
4.18section 203B.225, subdivision 1.
4.19 Sec. 8. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read:
4.20 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
4.21who wants write-in votes for the candidate to be counted must file a written request with
4.22the filing office for the office sought not more than 84 days before the primary and no later
4.23than the seventh day before the general election. The filing officer shall provide copies
4.24of the form to make the request.
4.25 (b) A candidate for president of the United States who files a request under this
4.26subdivision must include the name of a candidate for vice-president of the United States.
4.27The request must also include the name of at least one candidate for presidential elector. The
4.28total number of names of candidates for presidential elector on the request may not exceed
4.29the total number of electoral votes to be cast by Minnesota in the presidential election.
4.30 (c) A candidate for governor who files a request under this subdivision must include
4.31the name of a candidate for lieutenant governor.
4.32 Sec. 9. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read:
5.1 Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
5.2paragraph (b), no individual shall be appointed as an election judge for any precinct if
5.3that individual:
5.4(1) is unable to read, write, or speak the English language;
5.5(2) is the spouse,; parent, including a stepparent; child, including a stepchild,; or
5.6sibling, including a stepsibling,; of any election judge serving in the same precinct or of
5.7any candidate at that election; or
5.8(3) is a candidate at that election.
5.9(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
5.10may serve as election judges in the same precinct, provided that they serve on separate
5.11shifts that do not run concurrently.
5.12 Sec. 10. Minnesota Statutes 2013 Supplement, section 204B.45, subdivision 2, is
5.13amended to read:
5.14 Subd. 2. Procedure. Notice of the election and the special mail procedure must
5.15be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
5.16days before a regularly scheduled election and not more than 30 days nor later than 14
5.17days before any other election, the auditor shall mail ballots by nonforwardable mail to
5.18all voters registered in the town or unorganized territory. No later than 14 days before
5.19the election, the auditor must make a subsequent mailing of ballots to those voters who
5.20register to vote after the initial mailing but before the 20th day before the election.
5.21Eligible voters not registered at the time the ballots are mailed may apply for ballots as
5.22provided in chapter 203B. Ballot return envelopes, with return postage provided, must
5.23be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
5.24person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
5.25to examine the mail and absentee ballot return envelopes and mark them "accepted" or
5.26"rejected" within three days of receipt if there are 14 or fewer days before election day, or
5.27within five days of receipt if there are more than 14 days before election day. The board
5.28may consist of deputy county auditors or deputy municipal clerks who have received
5.29training in the processing and counting of mail ballots, who need not be affiliated with
5.30a major political party. Election judges performing the duties in this section must be of
5.31different major political parties, unless they are exempt from that requirement under
5.32section205.075, subdivision 4 , or section
205A.10 . If an envelope has been rejected at
5.33least five days before the election, the ballots in the envelope must remain sealed and the
5.34auditor or clerk shall provide the voter with a replacement ballot and return envelope in
5.35place of the spoiled ballot. If the ballot is rejected within five days of the election, the
6.1envelope must remain sealed and the official in charge of the ballot board must attempt to
6.2contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
6.3rejected. The official must document the attempts made to contact the voter.
6.4If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
6.5indicate that the voter has already cast a ballot in that election. After the close of business
6.6on thefourth seventh day before the election, the ballots from return envelopes marked
6.7"Accepted" may be opened, duplicated as needed in the manner provided by section206.86 ,
6.8subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
6.9In all other respects, the provisions of the Minnesota Election Law governing
6.10deposit and counting of ballots apply.
6.11The mail and absentee ballots for a precinct must be counted together and reported
6.12as one vote total. No vote totals from mail or absentee ballots may be made public before
6.13the close of voting on election day.
6.14The costs of the mailing shall be paid by the election jurisdiction in which the voter
6.15resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
6.16 Sec. 11. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read:
6.17204B.46 MAIL ELECTIONS; QUESTIONS.
6.18 A county, municipality, or school district submitting questions to the voters at a
6.19special election may conduct an election by mail with no polling place other than the
6.20office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the
6.21election must be given to the county auditor at least 74 days prior to the election. This
6.22notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special
6.23mail ballot procedures must be posted at least six weeks prior to the election. Not more
6.24than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
6.25nonforwardable mail to all voters registered in the county, municipality, or school district.
6.26No later than 14 days before the election, the auditor or clerk must make a subsequent
6.27mailing of ballots to those voters who register to vote after the initial mailing but before the
6.2820th day before the election. Eligible voters not registered at the time the ballots are mailed
6.29may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot
6.30board to examine the mail and absentee ballot return envelopes and mark them "Accepted"
6.31or "Rejected" within three days of receipt if there are 14 or fewer days before election day,
6.32or within five days of receipt if there are more than 14 days before election day. The board
6.33may consist of deputy county auditors, deputy municipal clerks, or deputy school district
6.34clerks who have received training in the processing and counting of mail ballots, who
6.35need not be affiliated with a major political party. Election judges performing the duties in
7.1this section must be of different major political parties, unless they are exempt from that
7.2requirement under section205.075 , subdivision 4, or section
205A.10 . If an envelope has
7.3been rejected at least five days before the election, the ballots in the envelope must remain
7.4sealed and the auditor or clerk must provide the voter with a replacement ballot and return
7.5envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
7.6election, the envelope must remain sealed and the official in charge of the ballot board must
7.7attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
7.8has been rejected. The official must document the attempts made to contact the voter.
7.9If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
7.10indicate that the voter has already cast a ballot in that election. After the close of business
7.11on thefourth seventh day before the election, the ballots from return envelopes marked
7.12"Accepted" may be opened, duplicated as needed in the manner provided by section206.86 ,
7.13subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
7.14In all other respects, the provisions of the Minnesota Election Law governing
7.15deposit and counting of ballots apply.
7.16The mail and absentee ballots for a precinct must be counted together and reported
7.17as one vote total. No vote totals from ballots may be made public before the close of
7.18voting on election day.
7.19 Sec. 12. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read:
7.20 Subdivision 1. Summary statements. For state elections, each official responsible
7.21for printing ballots shall furnish three or more blank summary statement forms for the
7.22returns of those ballots for each precinct. At least two copies of the summary statement
7.23must be prepared for elections not held on the same day as the state elections. The blank
7.24summary statement forms shall be furnished at the same time and in the same manner as
7.25the ballots. The county auditor shall furnish blank summary statement forms containing
7.26separate space for the summary statement of the returns of thewhite state general election
7.27 ballotand the summary statement of the returns for the state pink ballot.
7.28 Sec. 13. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read:
7.29 Subdivision 1. Order of offices. The candidates for partisan offices shall be placed
7.30on thewhite state general election ballot in the following order: senator in Congress shall
7.31be first; representative in Congress, second; state senator, third; and state representative,
7.32fourth. The candidates for state offices shall follow in the order specified by the secretary
7.33of state. Candidates for governor and lieutenant governor shall appear so that a single
7.34vote may be cast for both offices.
8.1 Sec. 14. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read:
8.2 Subd. 2. Order of political parties. The first name printed for each partisan office
8.3on thewhite state general election ballot shall be that of the candidate of the major political
8.4party that received the smallest average number of votes at the last state general election.
8.5The succeeding names shall be those of the candidates of the other major political parties
8.6that received a succeedingly higher average number of votes respectively. For the purposes
8.7of this subdivision, the average number of votes of a major political party shall be computed
8.8by dividing the total number of votes counted for all of the party's candidates for statewide
8.9office at the state general election by the number of those candidates at the election.
8.10 Sec. 15. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read:
8.11 Subdivision 1. Titles for constitutional amendments. The secretary of state shall
8.12provide an appropriate title for each question printed on thepink state general election
8.13 ballot. The title shall be approved by the attorney general, and shall consist of not more
8.14than one printed line above the question to which it refers. At the top of the ballot just
8.15below the heading, a conspicuous notice shall be printed stating that a voter's failure to
8.16vote on a constitutional amendment has the effect of a negative vote.
8.17 Sec. 16. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read:
8.18 Subd. 1a. City council members; expiration of terms. The terms of all city
8.19council members of charter cities expire on the first Monday in January of the year in
8.20which they expire. All officers of charter cities chosen and qualified shall hold office until
8.21their successors qualify.
8.22 Sec. 17. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read:
8.23 Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
8.24become a candidate for an office to be voted for at the municipal general election shall file
8.25an affidavit of candidacy with the municipal clerk. Candidates for a special election to
8.26fill a vacancy held as provided in section412.02, subdivision 2a , must file an affidavit
8.27of candidacy for the specific office to fill the unexpired portion of the term. Subject to
8.28the approval of the county auditor, the town clerk may authorize candidates for township
8.29offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
8.30substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
8.31shall also accept an application signed by not less than five voters and filed on behalf of an
8.32eligible voter in the municipality whom they desire to be a candidate, if service of a copy
8.33of the application has been made on the candidate and proof of service is endorsed on the
9.1application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
9.2of the candidate on the official ballot without partisan designation.
9.3 Sec. 18. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is
9.4amended to read:
9.5 Subdivision 1. Questions. (a) Special elections must be held for a school district on
9.6a question on which the voters are authorized by law to pass judgment. The school board
9.7may on its own motion call a special election to vote on any matter requiring approval of
9.8the voters of a district. Upon petition filed with the school board of 50 or more voters of
9.9the school district or five percent of the number of voters voting at the preceding school
9.10district general election, whichever is greater, the school board shall by resolution call
9.11a special election to vote on any matter requiring approval of the voters of a district.
9.12A question is carried only with the majority in its favor required by law. The election
9.13officials for a special election are the same as for the most recent school district general
9.14election unless changed according to law. Otherwise, special elections must be conducted
9.15and the returns made in the manner provided for the school district general election.
9.16 (b) A special election may not be held:
9.17 (1) during the 56 days before and the 56 days after a regularly scheduled primary or
9.18general election conducted wholly or partially within the school district.;
9.19 (2) on the date of a regularly scheduled town election in March conducted wholly
9.20or partially within the school district; or
9.21 (3) during the 30 days before or the 30 days after a regularly scheduled town election
9.22in March conducted wholly or partially within the school district.
9.23 (c) Notwithstanding any other law to the contrary, the time period in which a special
9.24election must be conducted under any other law may be extended by the school board to
9.25conform with the requirements of this subdivision.
9.26 Sec. 19. [211C.071] REMOVAL ELECTION FORM OF QUESTION.
9.27The form of the question under this chapter must be:
9.28"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed
9.29from that office?"
9.30 Sec. 20. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read:
9.31368.47 TOWNS MAY BE DISSOLVED.
9.32 (1) When the voters residing within a town have failed to elect any town officials for
9.33more than ten years continuously;
10.1 (2) when a town has failed for a period of ten years to exercise any of the powers
10.2and functions of a town;
10.3 (3) when the estimated market value of a town drops to less than $165,000;
10.4 (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
10.5unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
10.612 percent of its market value; or
10.7 (5) when the state or federal government has acquired title to 50 percent of the
10.8real estate of a town,
10.9which facts, or any of them, may be found and determined by the resolution of the county
10.10board of the county in which the town is located, according to the official records in the
10.11office of the county auditor, the county board by resolution may declare the town, naming
10.12it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
10.13 In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
10.14of the town shall express their approval or disapproval. The town clerk shall, upon a
10.15petition signed by a majority of the registered voters of the town, filed with the clerk at
10.16least 60 days before a regular or special town election, give notice at the same time and
10.17in the same manner of the election that the question of dissolution of the town will be
10.18submitted for determination at the election. At the election the question shall be voted
10.19upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
10.20dissolution.". The form of the question under this chapter shall be substantially in the
10.21following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a
10.22separate ballot box and the result of the voting canvassed, certified, and returned in the
10.23same manner and at the same time as other facts and returns of the election. If a majority of
10.24the votes cast at the election are for dissolution, the town shall be dissolved. If a majority
10.25of the votes cast at the election are against dissolution, the town shall not be dissolved.
10.26 When a town is dissolved under sections368.47 to
368.49 the county shall acquire
10.27title to any telephone company or other business conducted by the town. The business
10.28shall be operated by the board of county commissioners until it can be sold. The
10.29subscribers or patrons of the business shall have the first opportunity of purchase. If the
10.30town has any outstanding indebtedness chargeable to the business, the county auditor shall
10.31levy a tax against the property situated in the dissolved town to pay the indebtedness
10.32as it becomes due.
10.33 Sec. 21. Minnesota Statutes 2012, section 370.05, is amended to read:
10.34370.05 NOTICE OF ELECTION; FORM OF BALLOT.
11.1The notice of the next general election of county officers must specify that the
11.2question of forming the new county, or changing the boundaries of existing counties, as
11.3the case may be, will be voted upon at the election, and must state substantially the facts
11.4in the petition. If the proposition is for a change of boundaries,the ballots shall include
11.5the words: "For changing county boundaries. Yes. No." the form of the question shall be
11.6substantially in the following form: "Shall the county boundaries be changed as described
11.7in the proclamation issued on (date)?" If the proposition is for the establishment of a new
11.8county,the words: "For a new county. Yes. No." Each of the last two words, "yes" and
11.9"no," shall be followed by a square in which the voter may make a cross to indicate a
11.10choice. the form of the question shall be substantially in the following form: "Shall a new
11.11county be established as described in the proclamation issued on (date)?"
11.12 Sec. 22. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read:
11.13 Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision
11.142 the ballot shall be substantially in the following form:
11.15(...) FOR the proposal (describe briefly the change proposed)
11.16(...) AGAINST the proposal (describe briefly the change proposed) "Shall the
11.17office(s) of ....... be appointed rather than elected at the expiration of the(ir) current
11.18term(s)?"
11.19 Sec. 23. Minnesota Statutes 2012, section 412.091, is amended to read:
11.20412.091 DISSOLUTION.
11.21Whenever a number of voters equal to one-third of those voting at the last
11.22preceding city election petition the chief administrative law judge of the state Office of
11.23Administrative Hearings to dissolve the city, a special election shall be called to vote upon
11.24the question. Before the election, the chief administrative law judge shall designate a time
11.25and place for a hearing in accordance with section414.09 . After the hearing, the chief
11.26administrative law judge shall issue an order which shall include a date for the election, a
11.27determination of what town or towns the territory of the city shall belong to if the voters
11.28favor dissolution, and other necessary provisions. The ballots used at such election shall
11.29bear the printed words, "For Dissolution" and "Against Dissolution," with a square before
11.30each phrase in which the voter may express a preference by a cross. be substantially in
11.31the following form: "Shall the city of ... be dissolved?" If a majority of those voting on
11.32the question favor dissolution, the clerk shall file a certificate of the result with the chief
11.33administrative law judge, the secretary of state, and the county auditor of the county in
11.34which the city is situated. Six months after the date of such election, the city shall cease to
12.1exist. Within such six months, the council shall audit all claims against the city, settle with
12.2the treasurer, and other city officers, and apply the assets of the city to the payment of its
12.3debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of
12.4such debts with the county treasurer and the council shall levy a tax sufficient for their
12.5payment, the proceeds of which, when collected, shall be paid by the county treasurer to
12.6the creditors in proportion to their several claims until all are discharged. The principal
12.7and interest on outstanding bonds shall be paid when due by the county treasurer from a
12.8tax annually spread by the county auditor against property formerly included within the
12.9city until the bonds are fully paid. All city property and all rights of the city shall, upon
12.10dissolution, inure in the town or towns designated as the legal successor to the city. If the
12.11city territory goes to more than one town, surplus cash assets and unsold city property
12.12shall be distributed as provided by the order for the election.
12.13 Sec. 24. DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL
12.14DISTRICT NO. 6, SOUTH ST. PAUL.
12.15Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any special
12.16law applicable to the district, Special School District No. 6, South St. Paul, may by
12.17resolution dissolve election districts previously established. The resolution must include a
12.18plan for the orderly transition to at-large elections of school board members.
12.19EFFECTIVE DATE.This section is effective the day after the governing body of
12.20Special School District No. 6, South St. Paul, and its chief clerical officer timely complete
12.21their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3making technical changes to provisions related to voting, voter registration,
1.4ballots, and other election-related provisions;amending Minnesota Statutes
1.52012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.12,
1.6subdivision 7, by adding a subdivision; 203B.22; 204B.09, subdivision 3;
1.7204B.19, subdivision 2; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2;
1.8204D.15, subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 370.05;
1.9375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections
1.10203B.04, subdivision 1; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision
1.111; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 201.081, is amended to read:
1.14201.081 REGISTRATION FILES.
1.15 Subdivision 1. Statewide registration system. The statewide registration system
1.16is the official record of registered voters. The voter registration applications and the
1.17terminal providing access to the statewide registration system must be under the control
1.18of the county auditor or the public official to whom the county auditor has delegated
1.19the responsibility for maintaining voter registration records. The voter registration
1.20applications and terminals providing access to the statewide registration system must not
1.21be removed from the control of the county auditor except as provided in this section.
1.22The county auditor may make photographic copies of voter registration applications in
1.23the manner provided by section
1.24 A properly completed voter registration application that has been submitted to the
1.25secretary of state or a county auditor must be maintained by the secretary of state or the
1.26county auditor for at least 22 months after the date that the information on the application
1.27is entered into the database of the statewide registration system. The secretary of state
2.1or the county auditor may dispose of the applications after retention for 22 months in
2.2the manner provided by section
2.3 Subd. 2. Exception. The secretary of state may maintain voter records of
2.4participants of the Safe at Home program for the purposes of chapter 5B.
2.5 Sec. 2. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read:
2.6 Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall
2.7prepare the master list for each county auditor. The records in the statewide registration
2.8system must be periodically corrected and updated by the county auditor. An updated
2.9master list for each precinct must be available for absentee voting at least
2.10before each election. A final corrected master list must be available seven days before
2.11each election.
2.12 Sec. 3. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read:
2.13 Subd. 4. Request for removal of voter record. If a voter makes a written request
2.14for removal of the voter's record, the county auditor shall
2.15the voter
2.16 Sec. 4. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is
2.17amended to read:
2.18 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
2.19subdivision 2 or by section
2.20any election may be submitted at any time not less than one day before the day of that
2.21election. The county auditor shall prepare absentee ballot application forms in the format
2.22provided by the secretary of state and shall furnish them to any person on request. By
2.23January 1 of each even-numbered year, the secretary of state shall make the forms to be
2.24used available to auditors through electronic means. An application submitted pursuant to
2.25this subdivision shall be in writing and shall be submitted to:
2.26 (1) the county auditor of the county where the applicant maintains residence; or
2.27 (2) the municipal clerk of the municipality, or school district if applicable, where
2.28the applicant maintains residence.
2.29 (b) An application shall be approved if it is timely received, signed and dated by
2.30the applicant, contains the applicant's name and residence and mailing addresses, date
2.31of birth, and at least one of the following:
2.32(1) the applicant's Minnesota driver's license number;
2.33(2) Minnesota state identification card number;
3.1(3) the last four digits of the applicant's Social Security number; or
3.2(4) a statement that the applicant does not have any of these numbers.
3.3(c) To be approved, the application must contain an oath that the information
3.4contained on the form is accurate, that the applicant is applying on the applicant's own
3.5behalf, and that the applicant is signing the form under penalty of perjury.
3.6(d) An applicant's full date of birth, Minnesota driver's license or state identification
3.7number, and the last four digits of the applicant's Social Security number must not be made
3.8available for public inspection. An application may be submitted to the county auditor
3.9or municipal clerk by an electronic facsimile device. An application mailed or returned
3.10in person to the county auditor or municipal clerk on behalf of a voter by a person other
3.11than the voter must be deposited in the mail or returned in person to the county auditor or
3.12municipal clerk within ten days after it has been dated by the voter and no later than six
3.13days before the election. The absentee ballot applications or a list of persons applying
3.14for an absentee ballot may not be made available for public inspection until the close of
3.15voting on election day, except as authorized in section 203B.12.
3.16 (e) An application under this subdivision may contain an application under
3.17subdivision 5 to automatically receive an absentee ballot application.
3.18 Sec. 5. Minnesota Statutes 2012, section 203B.12, subdivision 7, is amended to read:
3.19 Subd. 7. Names of persons
3.20of voters who have submitted an absentee ballot
3.21or municipal clerk that has not been accepted may not be made available for public
3.22inspection until the close of voting on election day.
3.23 Sec. 6. Minnesota Statutes 2012, section 203B.12, is amended by adding a subdivision
3.24to read:
3.25 Subd. 8. Names of persons; accepted absentee ballots. For all elections where use
3.26of the statewide voter registration system is required, the secretary of state must maintain
3.27a list of voters who have submitted absentee ballots that have been accepted. For all other
3.28elections, the county auditor or municipal clerk must maintain a list of voters who have
3.29submitted absentee ballots that have been accepted. The lists must be available to the public
3.30in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
3.31 Sec. 7. Minnesota Statutes 2012, section 203B.22, is amended to read:
3.32203B.22 TRANSMITTING BALLOTS.
4.1 (a) The county auditor shall transmit the appropriate ballots, as promptly as possible,
4.2to an absent voter whose application has been recorded under section
4.3county auditor determines that a voter is not eligible to vote at the primary but will be
4.4eligible to vote at the general election, only general election ballots shall be transmitted.
4.5Only one set of ballots shall be transmitted to any applicant for any election, except that
4.6the county auditor may transmit a replacement ballot to a voter whose ballot has been
4.7spoiled or lost in transit or whose mailing address has changed after the date on which
4.8the original application was submitted as confirmed by the county auditor. Ballots to be
4.9sent outside the United States shall be given priority in transmission. A county auditor
4.10may make use of any special service provided by the United States government for the
4.11transmission of voting materials under sections
4.12 (b) The county auditor must transmit the appropriate ballots by express mail
4.13immediately upon discovery that the ballots were not properly transmitted to the voter as
4.14a result of the following circumstances: (1) an application was received by the county
4.15auditor by the close of business at least 46 days before the election; (2) the county auditor
4.16failed to transmit the appropriate ballots by the 46th day before the election; and (3)
4.17the voter did not request that the ballots be electronically transmitted to the voter under
4.18section 203B.225, subdivision 1.
4.19 Sec. 8. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read:
4.20 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
4.21who wants write-in votes for the candidate to be counted must file a written request with
4.22the filing office for the office sought not more than 84 days before the primary and no later
4.23than the seventh day before the general election. The filing officer shall provide copies
4.24of the form to make the request.
4.25 (b) A candidate for president of the United States who files a request under this
4.26subdivision must include the name of a candidate for vice-president of the United States.
4.27The request must also include the name of at least one candidate for presidential elector. The
4.28total number of names of candidates for presidential elector on the request may not exceed
4.29the total number of electoral votes to be cast by Minnesota in the presidential election.
4.30 (c) A candidate for governor who files a request under this subdivision must include
4.31the name of a candidate for lieutenant governor.
4.32 Sec. 9. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read:
5.1 Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
5.2paragraph (b), no individual shall be appointed as an election judge for any precinct if
5.3that individual:
5.4(1) is unable to read, write, or speak the English language;
5.5(2) is the spouse
5.6sibling, including a stepsibling
5.7any candidate at that election; or
5.8(3) is a candidate at that election.
5.9(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
5.10may serve as election judges in the same precinct, provided that they serve on separate
5.11shifts that do not run concurrently.
5.12 Sec. 10. Minnesota Statutes 2013 Supplement, section 204B.45, subdivision 2, is
5.13amended to read:
5.14 Subd. 2. Procedure. Notice of the election and the special mail procedure must
5.15be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
5.16days before a regularly scheduled election and not more than 30 days nor later than 14
5.17days before any other election, the auditor shall mail ballots by nonforwardable mail to
5.18all voters registered in the town or unorganized territory. No later than 14 days before
5.19the election, the auditor must make a subsequent mailing of ballots to those voters who
5.20register to vote after the initial mailing but before the 20th day before the election.
5.21Eligible voters not registered at the time the ballots are mailed may apply for ballots as
5.22provided in chapter 203B. Ballot return envelopes, with return postage provided, must
5.23be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
5.24person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
5.25to examine the mail and absentee ballot return envelopes and mark them "accepted" or
5.26"rejected" within three days of receipt if there are 14 or fewer days before election day, or
5.27within five days of receipt if there are more than 14 days before election day. The board
5.28may consist of deputy county auditors or deputy municipal clerks who have received
5.29training in the processing and counting of mail ballots, who need not be affiliated with
5.30a major political party. Election judges performing the duties in this section must be of
5.31different major political parties, unless they are exempt from that requirement under
5.32section
5.33least five days before the election, the ballots in the envelope must remain sealed and the
5.34auditor or clerk shall provide the voter with a replacement ballot and return envelope in
5.35place of the spoiled ballot. If the ballot is rejected within five days of the election, the
6.1envelope must remain sealed and the official in charge of the ballot board must attempt to
6.2contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
6.3rejected. The official must document the attempts made to contact the voter.
6.4If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
6.5indicate that the voter has already cast a ballot in that election. After the close of business
6.6on the
6.7"Accepted" may be opened, duplicated as needed in the manner provided by section
6.8subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
6.9In all other respects, the provisions of the Minnesota Election Law governing
6.10deposit and counting of ballots apply.
6.11The mail and absentee ballots for a precinct must be counted together and reported
6.12as one vote total. No vote totals from mail or absentee ballots may be made public before
6.13the close of voting on election day.
6.14The costs of the mailing shall be paid by the election jurisdiction in which the voter
6.15resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
6.16 Sec. 11. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read:
6.17204B.46 MAIL ELECTIONS; QUESTIONS.
6.18 A county, municipality, or school district submitting questions to the voters at a
6.19special election may conduct an election by mail with no polling place other than the
6.20office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the
6.21election must be given to the county auditor at least 74 days prior to the election. This
6.22notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special
6.23mail ballot procedures must be posted at least six weeks prior to the election. Not more
6.24than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
6.25nonforwardable mail to all voters registered in the county, municipality, or school district.
6.26No later than 14 days before the election, the auditor or clerk must make a subsequent
6.27mailing of ballots to those voters who register to vote after the initial mailing but before the
6.2820th day before the election. Eligible voters not registered at the time the ballots are mailed
6.29may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot
6.30board to examine the mail and absentee ballot return envelopes and mark them "Accepted"
6.31or "Rejected" within three days of receipt if there are 14 or fewer days before election day,
6.32or within five days of receipt if there are more than 14 days before election day. The board
6.33may consist of deputy county auditors, deputy municipal clerks, or deputy school district
6.34clerks who have received training in the processing and counting of mail ballots, who
6.35need not be affiliated with a major political party. Election judges performing the duties in
7.1this section must be of different major political parties, unless they are exempt from that
7.2requirement under section
7.3been rejected at least five days before the election, the ballots in the envelope must remain
7.4sealed and the auditor or clerk must provide the voter with a replacement ballot and return
7.5envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
7.6election, the envelope must remain sealed and the official in charge of the ballot board must
7.7attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
7.8has been rejected. The official must document the attempts made to contact the voter.
7.9If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
7.10indicate that the voter has already cast a ballot in that election. After the close of business
7.11on the
7.12"Accepted" may be opened, duplicated as needed in the manner provided by section
7.13subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
7.14In all other respects, the provisions of the Minnesota Election Law governing
7.15deposit and counting of ballots apply.
7.16The mail and absentee ballots for a precinct must be counted together and reported
7.17as one vote total. No vote totals from ballots may be made public before the close of
7.18voting on election day.
7.19 Sec. 12. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read:
7.20 Subdivision 1. Summary statements. For state elections, each official responsible
7.21for printing ballots shall furnish three or more blank summary statement forms for the
7.22returns of those ballots for each precinct. At least two copies of the summary statement
7.23must be prepared for elections not held on the same day as the state elections. The blank
7.24summary statement forms shall be furnished at the same time and in the same manner as
7.25the ballots. The county auditor shall furnish blank summary statement forms containing
7.26separate space for the summary statement of the returns of the
7.27 ballot
7.28 Sec. 13. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read:
7.29 Subdivision 1. Order of offices. The candidates for partisan offices shall be placed
7.30on the
7.31be first; representative in Congress, second; state senator, third; and state representative,
7.32fourth. The candidates for state offices shall follow in the order specified by the secretary
7.33of state. Candidates for governor and lieutenant governor shall appear so that a single
7.34vote may be cast for both offices.
8.1 Sec. 14. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read:
8.2 Subd. 2. Order of political parties. The first name printed for each partisan office
8.3on the
8.4party that received the smallest average number of votes at the last state general election.
8.5The succeeding names shall be those of the candidates of the other major political parties
8.6that received a succeedingly higher average number of votes respectively. For the purposes
8.7of this subdivision, the average number of votes of a major political party shall be computed
8.8by dividing the total number of votes counted for all of the party's candidates for statewide
8.9office at the state general election by the number of those candidates at the election.
8.10 Sec. 15. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read:
8.11 Subdivision 1. Titles for constitutional amendments. The secretary of state shall
8.12provide an appropriate title for each question printed on the
8.13 ballot. The title shall be approved by the attorney general, and shall consist of not more
8.14than one printed line above the question to which it refers. At the top of the ballot just
8.15below the heading, a conspicuous notice shall be printed stating that a voter's failure to
8.16vote on a constitutional amendment has the effect of a negative vote.
8.17 Sec. 16. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read:
8.18 Subd. 1a. City council members; expiration of terms. The terms of all city
8.19council members of charter cities expire on the first Monday in January of the year in
8.20which they expire. All officers of charter cities chosen and qualified shall hold office until
8.21their successors qualify.
8.22 Sec. 17. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read:
8.23 Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
8.24become a candidate for an office to be voted for at the municipal general election shall file
8.25an affidavit of candidacy with the municipal clerk. Candidates for a special election to
8.26fill a vacancy held as provided in section
8.27of candidacy for the specific office to fill the unexpired portion of the term. Subject to
8.28the approval of the county auditor, the town clerk may authorize candidates for township
8.29offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
8.30
8.31shall also accept an application signed by not less than five voters and filed on behalf of an
8.32eligible voter in the municipality whom they desire to be a candidate, if service of a copy
8.33of the application has been made on the candidate and proof of service is endorsed on the
9.1application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
9.2of the candidate on the official ballot without partisan designation.
9.3 Sec. 18. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is
9.4amended to read:
9.5 Subdivision 1. Questions. (a) Special elections must be held for a school district on
9.6a question on which the voters are authorized by law to pass judgment. The school board
9.7may on its own motion call a special election to vote on any matter requiring approval of
9.8the voters of a district. Upon petition filed with the school board of 50 or more voters of
9.9the school district or five percent of the number of voters voting at the preceding school
9.10district general election, whichever is greater, the school board shall by resolution call
9.11a special election to vote on any matter requiring approval of the voters of a district.
9.12A question is carried only with the majority in its favor required by law. The election
9.13officials for a special election are the same as for the most recent school district general
9.14election unless changed according to law. Otherwise, special elections must be conducted
9.15and the returns made in the manner provided for the school district general election.
9.16 (b) A special election may not be held:
9.17 (1) during the 56 days before and the 56 days after a regularly scheduled primary or
9.18general election conducted wholly or partially within the school district
9.19 (2) on the date of a regularly scheduled town election in March conducted wholly
9.20or partially within the school district; or
9.21 (3) during the 30 days before or the 30 days after a regularly scheduled town election
9.22in March conducted wholly or partially within the school district.
9.23 (c) Notwithstanding any other law to the contrary, the time period in which a special
9.24election must be conducted under any other law may be extended by the school board to
9.25conform with the requirements of this subdivision.
9.26 Sec. 19. [211C.071] REMOVAL ELECTION FORM OF QUESTION.
9.27The form of the question under this chapter must be:
9.28"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed
9.29from that office?"
9.30 Sec. 20. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read:
9.31368.47 TOWNS MAY BE DISSOLVED.
9.32 (1) When the voters residing within a town have failed to elect any town officials for
9.33more than ten years continuously;
10.1 (2) when a town has failed for a period of ten years to exercise any of the powers
10.2and functions of a town;
10.3 (3) when the estimated market value of a town drops to less than $165,000;
10.4 (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
10.5unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
10.612 percent of its market value; or
10.7 (5) when the state or federal government has acquired title to 50 percent of the
10.8real estate of a town,
10.9which facts, or any of them, may be found and determined by the resolution of the county
10.10board of the county in which the town is located, according to the official records in the
10.11office of the county auditor, the county board by resolution may declare the town, naming
10.12it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
10.13 In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
10.14of the town shall express their approval or disapproval. The town clerk shall, upon a
10.15petition signed by a majority of the registered voters of the town, filed with the clerk at
10.16least 60 days before a regular or special town election, give notice at the same time and
10.17in the same manner of the election that the question of dissolution of the town will be
10.18submitted for determination at the election. At the election the question shall be voted
10.19upon by a separate ballot
10.20
10.21following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a
10.22separate ballot box and the result of the voting canvassed, certified, and returned in the
10.23same manner and at the same time as other facts and returns of the election. If a majority of
10.24the votes cast at the election are for dissolution, the town shall be dissolved. If a majority
10.25of the votes cast at the election are against dissolution, the town shall not be dissolved.
10.26 When a town is dissolved under sections
10.27title to any telephone company or other business conducted by the town. The business
10.28shall be operated by the board of county commissioners until it can be sold. The
10.29subscribers or patrons of the business shall have the first opportunity of purchase. If the
10.30town has any outstanding indebtedness chargeable to the business, the county auditor shall
10.31levy a tax against the property situated in the dissolved town to pay the indebtedness
10.32as it becomes due.
10.33 Sec. 21. Minnesota Statutes 2012, section 370.05, is amended to read:
10.34370.05 NOTICE OF ELECTION; FORM OF BALLOT.
11.1The notice of the next general election of county officers must specify that the
11.2question of forming the new county, or changing the boundaries of existing counties, as
11.3the case may be, will be voted upon at the election, and must state substantially the facts
11.4in the petition. If the proposition is for a change of boundaries,
11.5
11.6substantially in the following form: "Shall the county boundaries be changed as described
11.7in the proclamation issued on (date)?" If the proposition is for the establishment of a new
11.8county,
11.9
11.10
11.11county be established as described in the proclamation issued on (date)?"
11.12 Sec. 22. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read:
11.13 Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision
11.142 the ballot shall be substantially in the following form:
11.15
11.16
11.17office(s) of ....... be appointed rather than elected at the expiration of the(ir) current
11.18term(s)?"
11.19 Sec. 23. Minnesota Statutes 2012, section 412.091, is amended to read:
11.20412.091 DISSOLUTION.
11.21Whenever a number of voters equal to one-third of those voting at the last
11.22preceding city election petition the chief administrative law judge of the state Office of
11.23Administrative Hearings to dissolve the city, a special election shall be called to vote upon
11.24the question. Before the election, the chief administrative law judge shall designate a time
11.25and place for a hearing in accordance with section
11.26administrative law judge shall issue an order which shall include a date for the election, a
11.27determination of what town or towns the territory of the city shall belong to if the voters
11.28favor dissolution, and other necessary provisions. The ballots used at such election shall
11.29
11.30
11.31the following form: "Shall the city of ... be dissolved?" If a majority of those voting on
11.32the question favor dissolution, the clerk shall file a certificate of the result with the chief
11.33administrative law judge, the secretary of state, and the county auditor of the county in
11.34which the city is situated. Six months after the date of such election, the city shall cease to
12.1exist. Within such six months, the council shall audit all claims against the city, settle with
12.2the treasurer, and other city officers, and apply the assets of the city to the payment of its
12.3debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of
12.4such debts with the county treasurer and the council shall levy a tax sufficient for their
12.5payment, the proceeds of which, when collected, shall be paid by the county treasurer to
12.6the creditors in proportion to their several claims until all are discharged. The principal
12.7and interest on outstanding bonds shall be paid when due by the county treasurer from a
12.8tax annually spread by the county auditor against property formerly included within the
12.9city until the bonds are fully paid. All city property and all rights of the city shall, upon
12.10dissolution, inure in the town or towns designated as the legal successor to the city. If the
12.11city territory goes to more than one town, surplus cash assets and unsold city property
12.12shall be distributed as provided by the order for the election.
12.13 Sec. 24. DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL
12.14DISTRICT NO. 6, SOUTH ST. PAUL.
12.15Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any special
12.16law applicable to the district, Special School District No. 6, South St. Paul, may by
12.17resolution dissolve election districts previously established. The resolution must include a
12.18plan for the orderly transition to at-large elections of school board members.
12.19EFFECTIVE DATE.This section is effective the day after the governing body of
12.20Special School District No. 6, South St. Paul, and its chief clerical officer timely complete
12.21their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
