Agenda - Council - 12/12/2017 - Laserfiche WebLink

Home

We have received quite a few questions regarding the 2017 legislative changes to M.S. 204B.16, subd. 1 (Municipal and County -Unorganized Territory Polling Place Designations) and 205A.11, subd. 2 (School District Combined Polling Places Designations). See statutory language changes below. OSS believes that the legislature was seeking to lessen voter confusion and frustration as it relates to voters' perceptions of "ever changing" poll places from one election to the next by: A. Requiring all municipalities (and counties with unorganized territories) to designate polling places for each precinct by December 315t each year for the next calendar year. B. Requiring school districts using combined polling places for standalone elections to designate polling places for the combination(s) by December 315t each year for the next calendar year. A school district may only use a polling place for a combination if that location has been designated as a polling place by a municipality (or a county for unorganized territory). We offer a few clarifying thoughts: 1. Municipalities (and counties with unorganized territories) designate their polling places for each precinct each year regardless if there is an election scheduled for the next year or not (in the event of a special election that is called). 2. Municipalities (and counties with unorganized territories) designate their polling places for each precinct each year even if no change is noted for the next calendar year. 3. Municipalities (and counties with unorganized territories) must designate their polling places each year by ordinance or resolution. 4. School districts designate their combined polling places for each precinct each year regardless if there is an election scheduled for the next year or not (in the event of a special election that is called). 5. School Districts designate their combined polling places for each precinct each year even if no change is noted for the next calendar year. 6. School districts must designate their combined polling places each year by resolution. 7. A polling place may only be designated for a school district combination if that location has been designated as a polling place by a municipality (or a county for unorganized territory). a. If a school building has not been designated for use as a polling place by a municipality (or county with unorganized territory), the school building cannot be designated as a combined location'by the school district. b. Counties only have authority to designate polling places for unorganized territories. A county cannot designate a polling place on behalf of a school district. 8. A school district that does not pass a resolution designating combined polling places by December 315t could be putting itself in the position of having to use the regular polling places for all individual precincts in the school district for any standalone elections in the following year. As OSS cannot provide legal opinions, each jurisdiction should consult with their legal advisor for their advice on the interpretation and effect of the new statutory language. 204B.16 POLLING PLACES; DESIGNATION. Subd. 1 changes effective January 1, 2018, and applies to any special election held on or after that date. Subd. la changes effective July 1, 2017 Subdivision 1. Authority; location. By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory shad must designate by ordinance or resolution a polling place for each election precinct. The Polling places designated in the ordinance or resolution are the polling places for the following calendar year. unless a change is made: (1) pursuant to section 204B.175: (2) because a polling place has become unavailable: or 2