Laws governing recall in Minnesota
First, a Proposed Recall Petition must be submitted to the Minnesota Secretary of State specifying the grounds upon which the official should be recalled. These must be either Malfeasance, Nonfeasance, or Serious Crime. If the petition is for a statewide office, it must also include 25 signatures of Minnesota residents who are eligible to vote. The signatures are then checked by the Secretary of State and, if verified, are sent to the Minnesota Supreme Court.
The Court then has 10 days to decide if the grounds for recall stated in the petition are sufficient and meet statutory requirements. If the requirements are met a "Special Master" is appointed to hold a public hearing to decide if the allegations in the grounds for recall are true. The Special Master then submits a report to the Supreme Court regarding the truth of the allegations. The Supreme Court will then accordingly decide, based on the report, whether or not the grounds are true and if they are, the court will order the secretary of state to issue a recall petition.
Petitioners will have 90 days to gather signatures of 25% of the number of votes cast for the affected office in the previous election. Once the signatures have been gathered they will be returned to the Secretary of State for verification. If the signatures meet the verification requirements the petition will be sent to the governor and a recall election date will be set.
The election will be a simple "Yes"/"No" ballot in which "Yes" is for the recall and "No" is against. The election will be held in conjunction with a general election if possible. If the recall passes the office will be vacant and an election to fill it will be set.
Unlike most states, Minnesota has very specific grounds that must be met for a recall petition to even be circulated. These are Malfeasance, which means that a state official acted unlawfully in their duties as a state official, Nonfeasance, which means a state official failed to perform his duties, and Serious Crime, which means that the official committed a gross misdemeanor or felony. If it cannot be proven that the official has committed one of these acts, it is impossible to recall them.
Minnesota Secretary of State Elections Division 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, MN 55155-1299 651-215-1440 1-877-600-8683 email@example.com Fax: 651-296-9073 (Staffed 8:00 - 4:30, Monday - Friday, excluding holidays)
- National Conference of State Legislatures, Statewide Recall
- Minnesota Secretary of State Recall Process page
- Another Minnesota SOS Recall page
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