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2007 Minnesota Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagmn0004 and id is 1 raw text is: SCHOOL ELECTIONS: PETITIONS: Petition Rules promulgated by the Secretary of State generally apply to petition for school district referendum. School district clerks should perform the functions of filing officer under those rules.: Minn Stat. §§ 204B.071, 205A.05, subd. 1, 205A.13 (2006); Minn. R. ch. 8205 185-b (Cr.Ref. to 159-a-3) June 15, 2007 Paul C. Ratwik Julia H. Halbach Ratwik, Roszak & Maloney, P.A. Suite 300, 730 Second Avenue South Minneapolis, MN 55402 Dear Mr. Ratwik and Ms. Halbach: Thank you for your correspondence of April 24, 2007. In your letter you present the following facts: FACTS AND BACKGROUND You state that in November, 2006, the voters of Independent School District No. 15 (the District) passed a referendum authorizing the issuance of $6,500,000.00 in bonds to renovate the District's high school. The District sold the bonds on April 3, 2007, and began to solicit bids for the reconstruction project. You state further that at its meeting on March 26, 2007, the School Board was presented with a petition for a special election. The petition presented two questions characterized as bond questions. The first question asks whether the proceeds from the April 3 bond sale should be reallocated to a new fund for the construction of a new 2,100 student high school. The second question calls for the approval by the voters of the District of $65,000,000 in general obligation bonds for the purpose of constructing a new high school. The petition was filed with the School Board, and requests that the questions be presented to the District's voters at the November, 2007 general election. You state that, because the District includes areas in both Isanti and Anoka Counties, the District was uncertain who should serve as the filing officer for the petition pursuant to Minn. R. Ch. 8205 (2005) relating to the form, circulation, filing, and inspection of election-related petitions. The District contacted the Secretary of State's Office to determine if the Secretary of State was the proper filing officer. The Secretary of State responded that because the election is not for an office, it is not the correct filing officer. As the District's counsel you have determined that the applicable statutes, rules, and case law are unclear as to who serves as the filing officer. Based on this determination, the District submits the questions set forth below:

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