1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; requiring city, town, and school district general elections to |
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3 | 3 | | 1.3 be conducted on the first Tuesday after the first Monday in November of an |
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4 | 4 | | 1.4 even-numbered year; permitting cities of the first class to choose to conduct a |
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5 | 5 | | 1.5 general election on the first Tuesday after the first Monday in November of either |
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6 | 6 | | 1.6 an odd-numbered or even-numbered year; requiring affected cities, towns, and |
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7 | 7 | | 1.7 school districts to adopt an orderly transition plan; amending Minnesota Statutes |
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8 | 8 | | 1.8 2024, sections 205.07, subdivisions 1, 3; 205.075, subdivision 2; 205A.03, |
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9 | 9 | | 1.9 subdivisions 1, 2; 205A.04, subdivision 1; 205A.055, subdivision 1; repealing |
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10 | 10 | | 1.10 Minnesota Statutes 2024, section 205A.04, subdivision 3. |
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11 | 11 | | 1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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12 | 12 | | 1.12 Section 1. Minnesota Statutes 2024, section 205.07, subdivision 1, is amended to read: |
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13 | 13 | | 1.13 Subdivision 1.Date of election.The municipal general election in each city shall be |
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14 | 14 | | 1.14held on the first Tuesday after the first Monday in November in every even-numbered year. |
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15 | 15 | | 1.15Notwithstanding any provision of law to the contrary and subject to the provisions of this |
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16 | 16 | | 1.16section, the governing body of a city of the first class may, by ordinance passed at a regular |
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17 | 17 | | 1.17meeting held at least 180 calendar days before the first day to file for candidacy in the next |
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18 | 18 | | 1.18municipal election, decide to hold the election on the first Tuesday after the first Monday |
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19 | 19 | | 1.19in November in either an even- or odd-numbered year. A city of the first class may hold |
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20 | 20 | | 1.20elections in either the even-numbered year or the odd-numbered year, but not both. When |
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21 | 21 | | 1.21a city of the first class changes its elections from one year to another, and does not provide |
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22 | 22 | | 1.22for the expiration of terms by ordinance, the term of an incumbent expiring at a time when |
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23 | 23 | | 1.23no municipal election is held in the months immediately prior to expiration is extended until |
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24 | 24 | | 1.24the date for taking office following the next scheduled municipal election. If the change |
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25 | 25 | | 1.25results in having three council members to be elected at a succeeding election, the two |
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26 | 26 | | 1.26individuals receiving the highest vote shall serve for terms of four years and the individual |
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27 | 27 | | 1Section 1. |
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28 | 28 | | 25-01728 as introduced01/06/25 REVISOR JFK/KR |
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29 | 29 | | SENATE |
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30 | 30 | | STATE OF MINNESOTA |
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31 | 31 | | S.F. No. 634NINETY-FOURTH SESSION |
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32 | 32 | | (SENATE AUTHORS: BAHR and Cwodzinski) |
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33 | 33 | | OFFICIAL STATUSD-PGDATE |
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34 | 34 | | Introduction and first reading01/27/2025 |
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35 | 35 | | Referred to Elections 2.1receiving the third highest number of votes shall serve for a term of two years. To provide |
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36 | 36 | | 2.2an orderly transition to the odd or even year election plan, the governing body of the city |
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37 | 37 | | 2.3may adopt supplementary ordinances regulating initial elections and officers to be chosen |
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38 | 38 | | 2.4at the elections and shortening or lengthening the terms of incumbents and those elected at |
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39 | 39 | | 2.5the initial election. The term of office for the mayor may be either two or four years. The |
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40 | 40 | | 2.6term of office of council members is four years. Whenever the time of the municipal election |
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41 | 41 | | 2.7in a city of the first class is changed, the city clerk immediately shall notify in writing the |
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42 | 42 | | 2.8county auditor and secretary of state of the change of date. Thereafter the municipal general |
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43 | 43 | | 2.9election shall be held on the first Tuesday after the first Monday in November in each |
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44 | 44 | | 2.10odd-numbered or even-numbered year until the ordinance is revoked and notification of the |
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45 | 45 | | 2.11change is made. A municipal general election scheduled to be held in an odd-numbered |
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46 | 46 | | 2.12year may be postponed for inclement weather as provided in section 205.105. |
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47 | 47 | | 2.13 Sec. 2. Minnesota Statutes 2024, section 205.07, subdivision 3, is amended to read: |
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48 | 48 | | 2.14 Subd. 3.Effect of ordinance; referendum.An ordinance changing the year of the |
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49 | 49 | | 2.15municipal election in a city of the first class is effective 240 days after passage and |
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50 | 50 | | 2.16publication or at a later date fixed in the ordinance. Within 180 days after passage and |
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51 | 51 | | 2.17publication of the ordinance, a petition requesting a referendum on the ordinance may be |
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52 | 52 | | 2.18filed with the city clerk. The petition shall be signed by eligible voters equal in number to |
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53 | 53 | | 2.19ten percent of the total number of votes cast in the city at the last municipal general election. |
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54 | 54 | | 2.20If the requisite petition is filed within the prescribed period, the ordinance shall not become |
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55 | 55 | | 2.21effective until it is approved by a majority of the voters voting on the question at a general |
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56 | 56 | | 2.22or special election held on a date authorized by section 205.10, subdivision 3a. If the petition |
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57 | 57 | | 2.23is filed, the governing body may reconsider its action in adopting the ordinance. |
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58 | 58 | | 2.24 Sec. 3. Minnesota Statutes 2024, section 205.075, subdivision 2, is amended to read: |
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59 | 59 | | 2.25 Subd. 2.Alternate date.A town may, by resolution or ordinance, designate the first |
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60 | 60 | | 2.26Tuesday after the first Monday in November of either the an even-numbered or the |
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61 | 61 | | 2.27odd-numbered year as the date of the town general election. Town supervisors elected at a |
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62 | 62 | | 2.28November town general election shall serve four-year terms. |
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63 | 63 | | 2.29 The ordinance or resolution changing the date of the town general election must include |
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64 | 64 | | 2.30a plan to shorten or lengthen the terms of office to provide an orderly transition to the |
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65 | 65 | | 2.31November election schedule. |
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66 | 66 | | 2.32 The ordinance or resolution changing the date of the town general election may be |
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67 | 67 | | 2.33proposed by the town board or by a resolution of the electors adopted at the annual town |
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68 | 68 | | 2Sec. 3. |
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69 | 69 | | 25-01728 as introduced01/06/25 REVISOR JFK/KR 3.1meeting and is effective upon an affirmative vote of the electors at the next town general |
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70 | 70 | | 3.2election. |
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71 | 71 | | 3.3 Sec. 4. Minnesota Statutes 2024, section 205A.03, subdivision 1, is amended to read: |
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72 | 72 | | 3.4 Subdivision 1.Resolution requiring primary in certain circumstances.The school |
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73 | 73 | | 3.5board of a school district may, by resolution adopted by April 15 of any an even-numbered |
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74 | 74 | | 3.6year, decide to choose nominees for school board by a primary as provided in this section. |
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75 | 75 | | 3.7The resolution, when adopted, is effective for all ensuing elections of board members in |
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76 | 76 | | 3.8that school district until it is revoked. If the board decides to choose nominees by primary |
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77 | 77 | | 3.9and if there are more than two candidates for a specified school board position or more than |
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78 | 78 | | 3.10twice as many school board candidates as there are at-large school board positions available, |
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79 | 79 | | 3.11the school district must hold a primary. |
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80 | 80 | | 3.12 Sec. 5. Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read: |
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81 | 81 | | 3.13 Subd. 2.Date.The school district primary must be held on the second Tuesday in August |
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82 | 82 | | 3.14in the year when the school district general election is held. The clerk shall give notice of |
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83 | 83 | | 3.15the primary in the manner provided in section 205A.07. The date of a school district primary |
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84 | 84 | | 3.16held in an odd-numbered year may be postponed for inclement weather as provided in |
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85 | 85 | | 3.17section 205A.055. |
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86 | 86 | | 3.18 Sec. 6. Minnesota Statutes 2024, section 205A.04, subdivision 1, is amended to read: |
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87 | 87 | | 3.19 Subdivision 1.School district general election.The general election in each school |
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88 | 88 | | 3.20district must be held on the first Tuesday after the first Monday in November of either the |
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89 | 89 | | 3.21odd-numbered or the an even-numbered year. A general election held in an odd-numbered |
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90 | 90 | | 3.22year may be postponed for inclement weather as provided in section 205A.055. |
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91 | 91 | | 3.23 Sec. 7. Minnesota Statutes 2024, section 205A.055, subdivision 1, is amended to read: |
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92 | 92 | | 3.24 Subdivision 1.Applicability.This section applies to a primary, special, or general |
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93 | 93 | | 3.25election held in a school district that is not held in conjunction with a state or federal election. |
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94 | 94 | | 3.26 Sec. 8. REPEALER. |
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95 | 95 | | 3.27 Minnesota Statutes 2024, section 205A.04, subdivision 3, is repealed. |
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96 | 96 | | 3Sec. 8. |
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97 | 97 | | 25-01728 as introduced01/06/25 REVISOR JFK/KR 4.1 Sec. 9. EFFECTIVE DATE; TRANSITION. |
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98 | 98 | | 4.2 This act is effective July 1, 2025, and applies to elections conducted on or after January |
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99 | 99 | | 4.31, 2026. No later than January 1, 2026, the governing body of an affected city, town, or |
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100 | 100 | | 4.4school district must adopt a plan for an orderly transition to an even-numbered year election |
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101 | 101 | | 4.5as required by this act. The plan must be adopted by ordinance in the case of a city, or by |
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102 | 102 | | 4.6ordinance or resolution in the case of a town or school district. The terms of office for elected |
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103 | 103 | | 4.7officers of the city, town, or school district may be lengthened or shortened by one year as |
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104 | 104 | | 4.8part of the transition plan. |
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105 | 105 | | 4Sec. 9. |
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106 | 106 | | 25-01728 as introduced01/06/25 REVISOR JFK/KR 205A.04 GENERAL ELECTION. |
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107 | 107 | | Subd. 3.Change in year of general election.The school board may, by resolution, change the |
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108 | 108 | | year in which the school district general election will be held. The resolution must be approved no |
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109 | 109 | | later than four weeks before the first day to file affidavits of candidacy for the general election. A |
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110 | 110 | | plan for the orderly transition to the new election year must be included in the resolution. The terms |
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111 | 111 | | of school board members may be lengthened or shortened by one year as a part of the transition |
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112 | 112 | | process. |
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113 | 113 | | 1R |
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114 | 114 | | APPENDIX |
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115 | 115 | | Repealed Minnesota Statutes: 25-01728 |
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