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1962-1964 Minnesota Attorney General Reports and Opinions 1 (1962-1964)

handle is hein.sag/sagmn0079 and id is 1 raw text is: OPINION OF ATTORNEY GENERAL WALTER F. MONDALE COPY BY SECURITY BLANK BOOK AND PRINTING CO. EDUCATION: ELECTION: COUNTY SUPERINTENDENT: Canvassing board does not determine whether write-in candidate has qualifications for positiono MoSo 1961, C0 204. Person cannot take said office unless certificated as provided by MoS0 1961, 125.05 and 125oO4, and regulations. If cannot qualify, county board appoints one that is certificatedo MoSo 1961, 375Oo8, 382.01, 382.02. Person appointed need not be presently employed in positions stated. 399E December 3, 1962 Isanti County Attorney In your letter to Attorney General Walter F. Mondale, you request an opinion based on these FACTS At the general election held November 6, 1962, no candidate's name appeared on the ballot for the office of County Superintendent of Schools, no qualified person having filed. As the result of a write-in vote, A, the present office holder, received 117 votes, and B received 115 write-in votes. Candidate B did not hold a certificate from the State Board of Education or otherwise qualify under its regulations pertaining to County Super- intendent of Schools on November 6, 1962, the date of the general electiono Because of certain facts not here relevant, Candidate B may become entitled to the Auditor's Certificate of Election. MoSoA0 Section 125-03, Subd, 1, states: The term 'teachers' for the purpose of certification, means and includes any and all persons employed in a public school as members of the instructional and supervisory staff such as super- intendents, principals, supervisors, classroom teachers, librarians and the county superintendent of schools. MoSoA. Section 12503, Subd0 2, states: The teacher elected as county superintendent shall hold a valid certificate as required by the state board of education. Pursuant to the above mandate, the State Board of Education adopted the following regulations: Rule 5073.6. County Superintendents. (a) All candidates, either by election or appointment, for the office of county superintendent must meet the minimum require- ments for elementary principal's certificate I, as set forth in the Minnesota Regulations Relating to Education. (Rule 5071 (d) 1 & 2 apply)

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