1.1Senator Bahr moved to amend
H.F. No. 4772, as amended pursuant to Rule 45,
1.2adopted by the Senate April 11, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 4729.)
1.4Page 40, after line 21, insert:
1.5 "Sec. 47. Minnesota Statutes 2022, section 205.07, subdivision 1, is amended to read:
1.6 Subdivision 1.
Date of election. The municipal general election in each city shall be
1.7held on the first Tuesday after the first Monday in November in every even-numbered
year.
1.8Notwithstanding any provision of law to the contrary and subject to the provisions
of this
1.9section, the governing body of a city
of the first class may, by ordinance passed at a regular
1.10meeting held at least 180 calendar days before the first day to file for candidacy
in the next
1.11municipal election, decide to hold the election on the first Tuesday after the first
Monday
1.12in November in either an even- or odd-numbered year. A city
of the first class may hold
1.13elections in either the even-numbered year or the odd-numbered year, but not both.
When
1.14a city
of the first class changes its elections from one year to another, and does not provide
1.15for the expiration of terms by ordinance, the term of an incumbent expiring at a time
when
1.16no municipal election is held in the months immediately prior to expiration is extended
until
1.17the date for taking office following the next scheduled municipal election. If the
change
1.18results in having three council members to be elected at a succeeding election, the
two
1.19individuals receiving the highest vote shall serve for terms of four years and the
individual
1.20receiving the third highest number of votes shall serve for a term of two years. To
provide
1.21an orderly transition to the odd or even year election plan, the governing body of
the city
1.22may adopt supplementary ordinances regulating initial elections and officers to be
chosen
1.23at the elections and shortening or lengthening the terms of incumbents and those elected
at
1.24the initial election. The term of office for the mayor may be either two or four years.
The
1.25term of office of council members is four years. Whenever the time of the municipal
election
1.26in a city of the first class is changed, the city clerk immediately shall notify in writing the
1.27county auditor and secretary of state of the change of date. Thereafter the municipal
general
1.28election shall be held on the first Tuesday after the first Monday in November in
each
1.29odd-numbered or even-numbered year until the ordinance is revoked and notification
of the
1.30change is made. A municipal general election scheduled to be held in an odd-numbered
1.31year may be postponed for inclement weather as provided in section
205.105.
2.1 Sec. 48. Minnesota Statutes 2022, section 205.07, subdivision 3, is amended to read:
2.2 Subd. 3.
Effect of ordinance; referendum. An ordinance changing the year of the
2.3municipal election
in a city of the first class is effective 240 days after passage and
2.4publication or at a later date fixed in the ordinance. Within 180 days after passage
and
2.5publication of the ordinance, a petition requesting a referendum on the ordinance
may be
2.6filed with the city clerk. The petition shall be signed by eligible voters equal in
number to
2.7ten percent of the total number of votes cast in the city at the last municipal general
election.
2.8If the requisite petition is filed within the prescribed period, the ordinance shall
not become
2.9effective until it is approved by a majority of the voters voting on the question
at a general
2.10or special election held on a date authorized by section
205.10, subdivision 3a. If the petition
2.11is filed, the governing body may reconsider its action in adopting the ordinance.
2.12 Sec. 49. Minnesota Statutes 2022, section 205.075, subdivision 2, is amended to read:
2.13 Subd. 2.
Alternate date. A town may, by resolution or ordinance, designate the first
2.14Tuesday after the first Monday in November of
either the an even-numbered
or the
2.15odd-numbered year as the date of the town general election. Town supervisors elected at a
2.16November town general election shall serve four-year terms.
2.17The ordinance or resolution changing the date of the town general election must include
2.18a plan to shorten or lengthen the terms of office to provide an orderly transition
to the
2.19November election schedule.
2.20The ordinance or resolution changing the date of the town general election may be
2.21proposed by the town board or by a resolution of the electors adopted at the annual
town
2.22meeting and is effective upon an affirmative vote of the electors at the next town
general
2.23election."
2.24Page 41, after line 7, insert:
2.25 "Sec. 52. Minnesota Statutes 2022, section 205A.03, subdivision 1, is amended to read:
2.26 Subdivision 1.
Resolution requiring primary in certain circumstances. The school
2.27board of a school district may, by resolution adopted by April 15 of
any an even-numbered
2.28year, decide to choose nominees for school board by a primary as provided in this
section.
2.29The resolution, when adopted, is effective for all ensuing elections of board members
in
2.30that school district until it is revoked. If the board decides to choose nominees
by primary
2.31and if there are more than two candidates for a specified school board position or
more than
3.1twice as many school board candidates as there are at-large school board positions
available,
3.2the school district must hold a primary.
3.3 Sec. 53. Minnesota Statutes 2022, section 205A.03, subdivision 2, is amended to read:
3.4 Subd. 2.
Date. The school district primary must be held on the second Tuesday in August
3.5in the year when the school district general election is held. The clerk shall give
notice of
3.6the primary in the manner provided in section
205A.07.
The date of a school district primary
3.7held in an odd-numbered year may be postponed for inclement weather as provided in
3.8section
205A.055.
3.9 Sec. 54. Minnesota Statutes 2022, section 205A.04, subdivision 1, is amended to read:
3.10 Subdivision 1.
School district general election. The general election in each school
3.11district must be held on the first Tuesday after the first Monday in November of
either the
3.12odd-numbered or the an even-numbered year.
A general election held in an odd-numbered
3.13year may be postponed for inclement weather as provided in section
205A.055."
3.14Page 41, after line 13, insert:
3.15 "Sec. 56. Minnesota Statutes 2022, section 205A.055, subdivision 1, is amended to read:
3.16 Subdivision 1.
Applicability. This section applies to a
primary, special
, or general
3.17election held in a school district that is not held in conjunction with a state or
federal
3.18election."
3.19Page 61, line 5, after "
sections" insert "
205A.04, subdivision 3,"
3.20Renumber the sections in sequence and correct the internal references
3.21Amend the title accordingly
3.22The motion prevailed. #did not prevail. So the amendment was #not adopted.