SF3613

Purpose

This bill updates how towns and townships handle elections, town meetings, and certain town land practices. It makes changes to several Minnesota statutes to clarify procedures, improve continuity of town government, and set new rules for organizing and running towns.

Main Provisions

• Canvassing and elections (205.185 subd. 3)

  • The town or city governing body acts as the canvassing board for elections.
  • If a member of the governing body is a candidate, they must appoint a designee who is not a candidate to serve instead.
  • The canvassing board canvasses the returns and declares the candidate who received the highest number of votes as elected, for each town office and any ballot questions.
  • A tie is decided by a draw (by lot).
  • After the contest period ends, the municipal clerk issues a certificate of election to each winner; in a contest, the certificate is issued only after the contest is resolved.
  • The clerk of the canvassing board certifies the results to the county auditor and holds custody of ballots and returns.
  • If no county canvassing board is convened, a town canvassing board has the powers of a county canvassing board.

• Town clerk notarization (358.155)

  • Clarifies that it is not a violation of certain chapters for a town clerk to notarize, attest, or authenticate documents as part of official duties.

• Town land deeds (365.05)

  • A deed for town land must be signed by the chair of the town board and attested by the clerk.
  • The deed must be witnessed and acknowledged and must convey the entire town’s interest in the real estate.

• First town meeting timing and notice (365.50, subd. 1)

  • The first town meeting in a newly organized town must be held within a defined window (between 20 and 30 days) after the town is organized, once election results certify a ballot question approving organization.
  • The county board sets the time and place; the county auditor posts at least ten days’ notice.

• Meeting officers and oath (365.50, subd. 2)

  • Voters present at the meeting choose a moderator, two judges of election, and one clerk.
  • All meeting officers must take the oath required of a general election judge; the oath can be administered by the moderator or a judge.
  • These officers run the meeting.

• New towns: terms and offices (367.03, subd. 2)

  • When a new town is organized and supervisors are elected at the first town meeting before the annual town election, those supervisors serve until the next annual town election.
  • At that next election, three supervisors are elected with one serving three years, one two years, and one one year to create staggered terms.
  • At that same election, a town clerk and a town treasurer are elected. The clerk serves until the next odd-numbered year town election, and the treasurer serves until the next even-numbered year town election; the ballot must indicate the term lengths.

• Deputy clerk (367.12)

  • Each town clerk may appoint a deputy who handles the clerk’s duties in the clerk’s absence or disability.
  • If there is no deputy, the town treasurer handles duties related to receiving candidate filings when the clerk is absent.
  • A deputy can continue in office until the vacancy in the clerk’s office is filled.

• Deputy treasurer (367.161)

  • Each town treasurer may appoint a deputy (not currently holding elected town office) who handles the treasurer’s duties in the treasurer’s absence or disability.
  • A deputy may remain in office until the vacancy in the treasurer’s office is filled.

• Organizational first town meeting (379.01, subd. 3)

  • If the election under this section is affirmative, the county will arrange the first organizational town meeting within 30 days after the election.

Significant Changes and Impacts

• Election administration

  • Towns and cities rely on their governing bodies as canvassing boards, with safeguards to avoid conflicts of interest (non-candidate designees).
  • Clear rules for contest outcomes, ties, and custody of ballots.

• Local government continuity

  • Creation of deputy roles for clerk and treasurer ensures backup in case of absence or vacancy.
  • Structured terms and staggered elections for new towns help stabilize leadership.

• Real estate and land management

  • Deed formalities are tightened to ensure the town’s full interest is conveyed when transferring land.

• First town meeting and organization

  • Defined timelines for organizing new towns and for the first organizational meeting help towns commence operations promptly after approval.

• Notarization authority

  • Town clerks are explicitly allowed to notarize official documents as part of their duties, reducing potential bureaucratic hurdles.

What This Means for Residents

• Residents in towns may see more defined and streamlined processes for local elections, town meetings, and town land deals.
• There are clearer rules for who can act in official capacities (with deputies available to cover key roles).
• New towns will have a structured path to establish governance with predictable election cycles.

Relevant Terms

canvassing board, certificate of election, ballots, ballot questions, tie by lot, contest, clerk, county auditor, custodian of ballots, notary, notarization, deed, deed of town land, first town meeting, town organized, moderator, judges of election, oath, deputy clerk, deputy treasurer, supervisor, clerk serves, treasurer serves, organization, new town, general election, odd-numbered year, even-numbered year, posting notice, organizational meeting.