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Chapter 14 MINNESOTA PUBLIC SCHOOL DISTRICT ELECTION

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Chapter 14 MINNESOTA PUBLIC SCHOOL DISTRICT ELECTION Chapter 14 MINNESOTA PUBLIC SCHOOL DISTRICT ELECTION MANUAL Revised June 2015 Prepared by: KNUTSON, FLYNN & DEANS - COUNSEL MINNESOTA SCHOOL BOARDS ASSOCIATION ****************************************************************************************** TABLE OF CONTENTS Page INTRODUCTION 1 1. GENERAL 1 1.1 Classification and Types of School Districts. 1 1.2 School District Government. (2015 change) 1 1.3 School Election Law. 2 2. PRECINCTS, POLLING PLACES AND ELECTION DISTRICTS 2 2.1 Definitions. 2 2.2 Establishment of Precincts. 2 2.2.1 General. 2 2.2.2 Intentionally Omitted. 2 2.2.3 Boundary Changes. 2 2.3 Polling Places. 3 2.3.1 General. 3 2.3.2 School District Elections Not Held on the Day of a Statewide Election. (2015 change) 3 2.3.2.5 Change of Polling Place Location. 4 2.3.3 Polling Place Requirements. 4 2.3.4 Change of Polling Place by Election Judges. 5 2.3.5 Polling Place Equipment. 5 2.4 Election Districts. 5 2.4.1 Authorization. 5 2.4.2 Procedure to be Followed to Establish Election Districts. 5 2.4.3 Guidelines to be Followed to Establish Proposed Election Districts. 6 2.4.4 Effect of Voter Approval of Election Districts. 6 2.4.5 Redefining Election District Boundaries. 7 2.4.6 Dissolution of Election Districts. 7 2.4.7 Challenges to Election District Plans. 7 2.4.8 Consolidation. 7 2.5 Electronic Rosters 8 2.5.1 Authorization. 8 2.5.2 Technology. 8 2.5.3 Election Law. 8 2.5.4 Election Records Retention. 8 2.5.5 Election Day. 8 2.5.6 Reporting. 8 3. INITIATING AN ELECTION 8 3.1 Resolution Calling Election. 8 3.2 Date of Primary Election. 9 i Chapter 14 3.3 Date of General Election. 9 3.4 Date of Special Election. 9 3.4.1 Purpose and Date. (2015 change) 9 3.4.2 Initiation by Petition. 10 3.4.3 Petition Requirements. 10 3.4.4 Conduct of Special Elections. 10 3.4.5 Notice of Special Election. 10 3.5 Prohibited Dates for Special Elections. (2015 change) 10 3.6 Voting Hours. 11 3.6.1 Metropolitan Area School Districts. 11 3.6.2 Other School Districts. 11 3.6.3 Elections Held in Conjunction with State Elections. 12 3.7 Election for Increasing Referendum Revenue Authorization and for Revoking an Existing Levy; Capital Project Levy Procedures. 12 3.8 Election for Seven Member Board; Election to Revert to Six Member Board. (2015 change) 12 3.9 Mail Elections. 12 3.9.1 General. 12 3.9.2 Authorization. 12 3.9.3 Approval. 12 3.9.4 Notice of Mail Ballot Procedures. 12 3.9.5 Agreements. 13 3.9.6 Mailing Ballots. 13 3.9.7 Nonregistered Eligible Voters. 13 3.9.8 Replacement Ballots. 14 3.9.9 Undeliverable Ballots. 14 3.9.10 Returning Ballots. 14 3.9.11 Polling Place. 14 3.9.12 Place for Counting Ballots; Election Judges. 14 3.9.13 Receiving and Counting Ballots. 14 3.9.14 Challenges. 15 3.9.15 Costs. 15 3.10 Combined Elections. 15 3.11 Cancellation of Special Election. 16 3.12 Postponement of Election. 16 3.12.1 Applicability. 16 3.12.2 Postponement. 16 3.12.3 Timing; Notice. 16 3.12.4 Rescheduling. 16 4. ELECTION NOTICE 16 4.05 Notice to County Auditor. 16 4.1 Notice Requirements. 16 4.1.1 Election Notice Content. 17 4.1.2 Election Notice Publication Requirement. 17 4.1.3 Election Notice Posting Requirement. 17 4.1.4 Sample Ballot Posting Requirement. 17 4.1.5 Affidavits of Posting and Publication. 17 4.1.6 Electronic Systems. 17 4.1.7 Mailing Requirement. 17 4.1.8 Mailing Requirement; Combined Polling Places. 17 4.2 Effect of School Election Defects. 18 ii Chapter 14 4.3 Correction of Errors and Omissions. (2015 change) 18 4.4 Designation of Official Newspaper. 18 4.4.1 Publication of Notices and Proceedings. 18 4.4.2 Designation of Legal Newspaper. 18 4.4.2.1 Requirement. 18 4.4.2.2 Qualifications. 18 4.4.2.3 Designation of Specific Legal Newspaper. 19 4.4.3 Affidavit of Publication. 20 4.4.4 Fees. 20 4.4.5 Forms of Public Notices. 20 5. QUALIFICATION OF VOTERS 21 5.1 General Qualifications. 21 5.2 Citizenship. 22 5.3 Age. 22 5.4 Residence. 22 5.4.1 General. 22 5.4.2 Voting Only in Precinct of Residence. 22 5.4.3 Duration of Residence. 22 5.4.4 Determination of Residence. 22 5.5 Crime Convictions. 23 5.6 Mental Capacity. 24 5.7 Registration. 24 5.8 Other Requirements. 24 5.9 Penalty. 24 5.10 Employee Time Off to Vote. 24 6. REGISTRATION OF VOTERS 25 6.1 Requirement to Vote. 25 6.2 Method of Registration. 25 6.3 Registration Procedure. 26 6.3.1 Unregistered Voters. 26 6.3.2 Precinct Map. 26 6.3.3 Attempted Registrations. 26 6.4 Registration Applications. 27 6.4.1 Instructions. 27 6.4.2 Deficient Registration. 27 6.4.3 Emergency Voting. 27 6.4.4 Providing Applications to Students. 27 6.5 Challenges. 27 6.5.1 Petition; Hearing. 27 6.5.2 Appeal. 28 6.5.3 Record of Challenge. 28 6.6 Violations, Penalty, Investigation, Prosecution. 28 6.6.1 Intentional Violations. 28 6.6.2 Knowledge of Violation. 28 6.6.3 General Penalties. 28 6.6.4 Investigations; Prosecutions. (2015 change) 28 6.7 Use of Voter Registration System. 29 7. CANDIDATES 29 iii Chapter 14 7.1 Qualifications of Candidates. 29 7.2 Incompatibility of Offices. 29 7.2.1 Conflict of Interest. 30 7.3 Candidacy by Filing. 31 7.3.1 Notice of Filing Dates; Publication and Posting. 31 7.3.2 Date for Filing Affidavit of Candidacy. 31 7.3.3 Form of Affidavit of Candidacy. 32 7.3.4 Filing Fees. 32 7.3.5 Petition in Place of Filing Fees. 33 7.3.6 Distribution of Materials to Candidates. 33 7.4 Candidacy by Application. 33 7.4.5 Ineligible Candidates. 33 7.5 Withdrawal of Candidacy. 33 7.6 Prohibition on Multiple Candidacy. 33 7.7 School Board Vacancies. 34 7.7.1 Occurrence of Vacancy. 34 7.7.2 Filling Vacancies Caused by Illness or Prolonged Absence. 34 7.7.3 Options for Filling Vacancies. (2015 change) 34 7.7.3.1 Special Election. (2015 change). 34 7.7.3.2 Victor at Next General Election Seated Immediately. (2015 change) 34 7.7.3.3 Vacancies of Less Than One Year; Appointment Option. (2015 change) 34 7.7.3.4 Public Hearing for Vacancy Appointment. (2015 change) 35 7.7.3.5 Member Cannot Vote for Successor. 35 7.7.4 Restrictions on Appointments. 35 7.7.5 Removal. 35 8. BALLOTS 35 8.1.1 Ballot Preparation and Printing. 35 8.1.2 Number of Ballots. 36 8.1.3 Absentee Ballots. 36 8.1.4 Printer's Bond; Penalties. 36 8.1.5 Penalty. 36 8.2 Ballot Requirements. 36 8.3 Election of Candidates. 36 8.3.1 Primary Ballots. 36 8.3.2 Vacancies. 36 8.3.3 Sample Ballot. 37 8.3.4 Optical Scan Systems. 37 8.4 Form of Ballots; Election of Candidates. 37 8.4.1 General Election. (2015 change) 37 8.4.2 Primary. 37 8.4.3 Election to Fill Vacancies. (2015 change) 37 8.4.4 Names on Ballots. 37 8.4.5 Rotation of Names on Ballot. 37 8.5 Questions. 37 8.5.1 Color of Ballot. 38 8.5.2 Form of Ballot. 38 8.5.3 Advisory Questions or Referendums. 38 8.6 Substitute Ballots. 39 8.7 Unofficial Ballots. 39 8.8 Vacancy in Nomination. 39 iv Chapter 14 9. PRIMARY ELECTION 39 9.1 General. 39 9.2 Filing Dates. 39 9.3 Date. 40 9.4 Notice. 40 9.5 Candidates Filing. 40 9.6 Ballots. 40 9.7 Results. 40 9.8 Recount. 41 9.9 Vacancy in Nomination. 41 9.9.1 Death or Withdrawal. 41 9.9.2 Filling Vacancy. 41 10. ABSENTEE BALLOT VOTING 41 10.1 General. 41 10.2 Eligibility Requirements - Who May Vote by Absentee Ballot. 41 10.2.1 Absentee Voting; Eligibility. 41 10.2.1.1 Permanent Absentee Voter Status. 41 10.2.2 Military Service; Temporary Absence. 41 10.2.3 Indefinite Residence Abroad. (2015 change) 41 10.2.4 Absent Voters in the Military or Outside the United States. 42 10.2.4.1 Application for Ballot. (2015 change) 42 10.2.4.2 Receipt and Recording. 42 10.2.4.3 Challenges. 42 10.2.4.4 Ballots and Envelopes. 42 10.2.4.5 Mailing Ballots. 42 10.2.4.6 Application Records. 42 10.2.4.7 Duties of Election Judges. 42 10.2.4.8 Death of Voter. 43 10.2.4.9 Separate Record. 43 10.3 Application for Absentee Ballot. 43 10.3.1 Time; General. 43 10.3.2 Time; Health Care Patients. 43 10.3.3 To Whom Made. 44 10.3.4 Contents of Application. 44 10.3.5 Registration at Time of Application. 45 10.3.6 Preparation of Applications. 45 10.4 Receipt of Applications for Absentee Ballots. 45 10.4.1 Application to Wrong Official. 45 10.4.1.5 Adult Corrections Facilities. 45 10.4.2 Receipt of Application When Ballots Not Available. 45 10.4.3 Registration Check.
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