Minnesota Statutes

Minn. Stat. § 211C.01 (2026)

Definitions

✓ current as of May 2026

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Subdivision 1.Application.

The definitions in this section and in chapter 200 apply to this chapter.

Subd. 2.Malfeasance.

"Malfeasance" means the intentional commission of an unlawful or wrongful act by a state officer other than a judge in the performance of the officer's duties that is substantially outside the scope of the authority of the officer and that substantially infringes on the rights of any person or entity.

Subd. 3.Nonfeasance.

"Nonfeasance" means the intentional, repeated failure of a state officer other than a judge to perform specific acts that are required duties of the officer.

Subd. 4.Serious crime.

(a) "Serious crime" means a crime that is punished as a gross misdemeanor, as defined in section 609.02, and that involves assault, intentional injury or threat of injury to person or public safety, dishonesty, harassment, aggravated driving while intoxicated, coercion, obstruction of justice, or the sale or possession of controlled substances.

(b) "Serious crime" also means a crime that is punished as a misdemeanor, as defined in section 609.02, and that involves assault, intentional injury or threat of injury to person or public safety, dishonesty, coercion, obstruction of justice, or the sale or possession of controlled substances.

Subd. 5.State officer.

"State officer" means an individual occupying an office subject to recall under the Minnesota Constitution, article VIII, section 6.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1999–2024 · leading case: In Re Proposed Petition to Recall Hatch, 628 N.W.2d 125 (Minn. 2001).

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In Re Proposed Petition to Recall Hatch, 628 N.W.2d 125 (Minn. 2001). · cites it 13× “” Minn.Stat. § 211C.01, subd. 3 (2000). As malfeasance requires the intentional commission of an unlawful or wrongful act, the focus is on action taken by the official.”

In Re Ventura, 600 N.W.2d 714 (Minn. 1999). · cites it 6× “Malfeasance is expressly defined in Minn. Stat. § 211C.01, subd. 2 (1998), as “the intentional commission of an unlawful or wrongful act by a state officer * * * in the performance of the officer’s duties that is substantially outside the scope of the authority of the officer…”

In Re Proposed Petition to Recall Governor Pawlenty, 673 N.W.2d 829 (Minn. 2004). · cites it 2× “11(1); that any failure to act on his part was intentional or repeated, as required by section 211C.01, subd. 3; or that any such failure was serious, as required by article VIII, section 6 of the constitution.”

In Re Proposed Petition to Recall Sec'y of State Kiffmeyer, 673 N.W.2d 827 (Minn. 2004). · cites it 7× “” Minn.Stat. § 211C.01, subd. 3; see In re Hatch, 628 N.”

Kay \KT\" Jacobs v. City of Columbia Heights", 9 N.W.3d 536 (Minn. 2024). · cites it 2× “Compare Minn. Stat. § 211C.01 (defining malfeasance for elected state officials as “the intentional commission of an unlawful or wrongful act by a state officer other than a judge in the performance of the officer’s duties that is substantially outside the scope of the authority…”

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