Townships certain election and appointment provisions modification

A bill for an act

relating to local government; modifying certain election and appointment provisions

for townships; modifying procedures for certain town meetings; modifying

requirements for town real estate interests; amending Minnesota Statutes 2024,

sections 205.185, subdivision 3; 365.05; 365.50, subdivisions 1, 2; 367.03,

subdivision 2; 367.12; 367.161; 379.01, subdivision 3; proposing coding for new

law in Minnesota Statutes, chapter 358.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:

Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a) Between

the third and
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tenth
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14th
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days after an election, the governing body of a city conducting any

election including a special municipal election, or the governing body of a town conducting

the general election in November shall act as the canvassing board, canvass the returns, and

declare
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the candidate duly elected who received the highest number of votes for each

municipal office and
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the results of
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the election
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any ballot questions
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.

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(b)
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The governing body of a town conducting the general election in March shall act as

the canvassing board
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,
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. Any member of the governing body who is a candidate at the election

must not act as a member of the canvassing board and must instead appoint a designee who

is not a candidate in the election to act in the member's place. The canvassing board must
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canvass the returns
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,
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and
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shall
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declare
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the candidate duly elected who received the highest

number of votes for each town office and
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the results of
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the election
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any ballot questions
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within two days after an election.

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(b)
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(c)
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After the time for contesting elections has passed, the municipal clerk shall issue

a certificate of election to each successful candidate. In case of a contest, the certificate

shall not be issued until the outcome of the contest has been determined by the proper court.

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(c)
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(d)
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In case of a tie vote, the canvassing board having jurisdiction over the municipality

shall determine the result by lot. The clerk of the canvassing board shall certify the results

of the election to the county auditor, and the clerk shall be the final custodian of the ballots

and the returns of the election.

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(e) In cases where no county canvassing board is convened, a town canvassing board

has the powers granted to a county canvassing board, including powers granted under

sections 204C.38 to 204C.39.

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Sec. 2.

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[358.155] TOWN CLERK NOTARIZATION.

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It is not a violation of chapters 357, 358, and 359 for a town clerk to notarize, attest, or

authenticate a document pursuant to official duties.

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Sec. 3.

Minnesota Statutes 2024, section 365.05, is amended to read:

365.05 DEED OF TOWN LAND; FORMALITIES; INTEREST GIVEN.

A deed conveying real estate owned by a town must be signed by the chair of the town

board in an official capacity and attested by the clerk.
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The deed, witnessed and acknowledged,

must give the grantee all of the town's interest in the real estate.
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Sec. 4.

Minnesota Statutes 2024, section 365.50, subdivision 1, is amended to read:

Subdivision 1.

When, where.

The first town meeting in a new town must be held within
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20
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30
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days after the
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town is organized
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certification of the election results of a ballot question

approving organization of the town
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. The county board shall name the time and place of the

meeting. The county auditor shall see that ten days' posted notice of the meeting is given

in the town.

Sec. 5.

Minnesota Statutes 2024, section 365.50, subdivision 2, is amended to read:

Subd. 2.

Meeting officers.

The voters present at the meeting shall choose one of their

number as moderator, two others as judges of election, and one as clerk
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for the purpose of

the meeting
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. Each of these meeting officers shall take and sign the oath required of a judge

of a general election. The oath may be administered to the judges by the moderator and to

the moderator by one of the judges. The meeting officers shall then run the meeting.

Sec. 6.

Minnesota Statutes 2024, section 367.03, subdivision 2, is amended to read:

Subd. 2.

New towns.

When a new town is organized and
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supervisors
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township officers
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are elected at
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a
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the first
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town meeting prior to the annual town election, they shall serve

only until the next annual town election. At that election three supervisors shall be elected,

one for three years, one for two years, and one for one year, so that the term of one shall

expire each year.
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At that election, a clerk and a treasurer shall also be elected. The clerk

shall serve until the next annual town election held in an odd-numbered year, and the treasurer

shall serve until the next annual town election held in an even-numbered year.
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The number

of years for which each is elected shall be indicated on the ballot.

Sec. 7.

Minnesota Statutes 2024, section 367.12, is amended to read:

367.12 DEPUTY CLERK.

Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible,

and who, in the clerk's absence or disability, shall perform the clerk's duties. If a town clerk

has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating

to receiving candidate filings when the clerk is absent.
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When the office of the clerk becomes

vacant, a deputy appointed under this section may continue in office until the vacancy in

the office of the clerk is filled.
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Sec. 8.

Minnesota Statutes 2024, section 367.161, is amended to read:

367.161 DEPUTY TREASURER.

Each town treasurer may appoint a deputy not currently serving as an elected official of

the town for whose acts the treasurer is responsible, and who, in case of the treasurer's

absence or disability, shall perform the treasurer's duties.
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When the office of the treasurer

becomes vacant, a deputy appointed under this section may continue in office until the

vacancy in the office of the treasurer is filled.
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Sec. 9.

Minnesota Statutes 2024, section 379.01, subdivision 3, is amended to read:

Subd. 3.

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Organizational
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First town
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meeting.

If the result of an election held under this

section is in the affirmative, the county shall arrange for the holding of the first
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organizational
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town
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meeting not more than 30 days after the election in the township to be organized.