HF 3307

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2016 02:36pm

A bill for an act
relating to elections; establishing a presidential primary; allowing parties to
decide whether or not to have party caucuses; changing the date of the state
primary from August to June; making technical changes; amending Minnesota
Statutes 2014, sections 202A.14, subdivisions 1, 2; 202A.15, subdivisions
1, 2; 202A.18, subdivision 2a; 204B.03; 204B.06, subdivision 4; 204B.14,
subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09,
subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03,
subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61,
subdivision 5; 206.82, subdivision 2; Minnesota Statutes 2015 Supplement,
section 204C.04, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 207A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 202A.14, subdivision 1, is amended to read:

Subdivision 1.

Time and manner of holding; postponement.

(a) In every
state general election year, beginning at 7:00 p.m. deleted text begin on the deleted text end new text begin when a major political party
establishes a new text end date deleted text begin established deleted text end new text begin for its party caucus new text end pursuant to paragraph (b), deleted text begin there deleted text end new text begin the party
caucus new text end shall be held deleted text begin for deleted text end new text begin in new text end every election precinct deleted text begin a party caucus deleted text end in the manner provided
in sections 202A.14 to 202A.19.

(b)(1) deleted text begin The chairs of the two largest major political parties shall jointly deleted text end new text begin A chair of a
major political party may new text end submit to the secretary of state, no later than March 1 of each
odd-numbered year, deleted text begin the single deleted text end new text begin a new text end date on which the deleted text begin two parties have agreed deleted text end new text begin major political
party plans new text end to conduct deleted text begin their deleted text end new text begin its new text end precinct caucuses in the next even-numbered year.

(2) deleted text begin Within two business days after the parties have agreed on a single date on which
to conduct their precinct caucuses deleted text end new text begin By March 15 of each odd-numbered year new text end , the secretary
of state shall publicly announce new text begin if either of the major political parties plans to conduct
its precinct caucuses in the following general election year and new text end the deleted text begin official state deleted text end precinct
caucus date deleted text begin for the following general election year deleted text end new text begin of each party, if any new text end .

deleted text begin (3) If the chairs of the two largest major political parties do not jointly submit a
single date for conducting their precinct caucuses as provided in this paragraph, then
for purposes of the next general election year, the first Tuesday in February shall be
considered the day of a major political party precinct caucus and sections 202A.19 and
202A.192 shall only apply on that date.
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end For purposes of this paragraph, deleted text begin the two largest deleted text end new text begin a new text end major political deleted text begin parties shall
be the parties deleted text end new text begin party is a party new text end whose candidates for governor received new text begin either new text end the greatest
deleted text begin and deleted text end new text begin or the new text end second greatest number of votes at the most recent gubernatorial election.

(c) In the event of severe weather a major political party may request the secretary of
state to postpone caucuses. If a major political party makes a request, or upon the secretary
of state's own initiative, after consultation with all major political parties and on the advice
of the federal Weather Bureau and the Department of Transportation, the secretary of state
may declare precinct caucuses to be postponed for a week in counties where weather
makes travel especially dangerous. The secretary of state shall submit a notice of the
postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

Sec. 2.

Minnesota Statutes 2014, section 202A.14, subdivision 2, is amended to read:

Subd. 2.

Caucus call.

new text begin When a precinct caucus is scheduled to occur, new text end the chair of
the county or legislative district executive committee, whichever is provided for by party
rules, shall issue the call for the precinct caucus at least 20 days before the time set for
holding the caucus, and the call shall contain the following:

deleted text begin (a) deleted text end new text begin (1) new text end name of party;

deleted text begin (b) deleted text end new text begin (2) new text end precinct number;

deleted text begin (c) deleted text end new text begin (3) new text end date caucus is to be held;

deleted text begin (d) deleted text end new text begin (4) new text end place caucus is to be held;

deleted text begin (e) deleted text end new text begin (5) new text end hours during which caucus shall be held;

deleted text begin (f) deleted text end new text begin (6) new text end statutory rules governing the caucus;

deleted text begin (g) deleted text end new text begin (7) new text end a statement of business to be conducted including the election of a chair
and such other officers as may be provided by party rules, and the election of delegates
to county or district conventions;

deleted text begin (h) deleted text end new text begin (8) new text end number of delegates to be elected;

deleted text begin (i) deleted text end new text begin (9) new text end name of the county or legislative district chair issuing the call;

deleted text begin (j) deleted text end new text begin (10) new text end name of the present precinct chair or other person who will be the convener
of the caucus;

deleted text begin (k) deleted text end new text begin (11) new text end a space for entering the names of the officers and delegates elected by
the caucus.

Sec. 3.

Minnesota Statutes 2014, section 202A.15, subdivision 1, is amended to read:

Subdivision 1.

Time.

deleted text begin Precinct caucuses within a county deleted text end new text begin If precinct caucuses are being
held within a county, the precinct caucuses new text end shall be held on the day established pursuant to
section 202A.14, subdivision 1, and the caucuses shall remain open for at least one hour.

Sec. 4.

Minnesota Statutes 2014, section 202A.15, subdivision 2, is amended to read:

Subd. 2.

Place.

new text begin If precinct caucuses are being held, new text end the precinct caucuses shall be
held at the regular polling places for each precinct or other suitable places designated in
the call, and no caucus may be adjourned to any other place or time.

In the event that there is only one suitable meeting place in the precinct polling place
and the major political parties cannot agree as to its use, the county auditor shall decide by
lot prior to January 15, 1970, the party which is to receive the use of the meeting place in
years evenly divisible by four and which party shall receive the use of the meeting place in
other years in which a state general election is held. The report of such selections by lot in
the county shall be filed by the auditor with the county board which shall publish the same
as a part of the minutes of the board meeting at which the report is filed.

A precinct caucus must be held at a place that meets the accessibility standards for
precinct polling places specified in section 204B.16, subdivision 5. In addition, the place
where a precinct caucus is held must contain restrooms that conform to the standards in
the State Building Code for accessibility by disabled persons. If a precinct caucus is held
on a floor of a building that is either above or below the entrance level for the building, an
elevator must be available. Any elevators used for access to the room where the precinct
caucus is held must conform to the standards in the State Building Code for accessibility
by disabled persons.

If there are not enough places within a precinct that are or can be made accessible as
provided by this subdivision and section 204B.16, subdivision 5, for each major party to
hold its precinct caucus, a major party may hold its caucus at a place outside one of the
boundaries of the precinct in order to comply with accessibility requirements.

If only one place satisfies the accessibility and location requirements of this
subdivision, the major parties shall alternate use of the place. Prior to January 1, 1990,
the county auditor shall decide by lot which party is to use the accessible place in years
evenly divisible by four and which party is to use the place in other years when a state
general election is held.

Sec. 5.

Minnesota Statutes 2014, section 202A.18, subdivision 2a, is amended to read:

Subd. 2a.

Preference ballot.

Prior to the opening of nominations for the election of
permanent offices and delegates, a ballot must be distributed to permit caucus participants
to indicate their preference for the deleted text begin offices of president of the United States or deleted text end new text begin office of
the new text end governor. The results of preference voting must be reported to the secretary of state
immediately upon conclusion of the voting, in the manner provided by the secretary of
state. The secretary of state shall provide the appropriate forms to the party for reporting
the results.

Sec. 6.

Minnesota Statutes 2014, section 204B.03, is amended to read:

204B.03 MANNER OF NOMINATION.

Candidates of a major political party for any partisan office except presidential
elector and all candidates for nonpartisan office shall apply for a place on the primary
ballot by filing an affidavit of candidacy as provided in section 204B.06, and except as
otherwise provided in section 204D.07, subdivision 3, shall be nominated by primary.
new text begin A candidate who seeks the nomination of a major political party for the president of
the United States must file an affidavit of candidacy as required under section 204B.06.
new text end Candidates for any partisan office who do not seek the nomination of a major political
party shall be nominated by nominating petition as provided in sections 204B.07 and
204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy
as provided in section 204B.06.

Sec. 7.

Minnesota Statutes 2014, section 204B.06, subdivision 4, is amended to read:

Subd. 4.

Federal offices.

deleted text begin Candidates for president or vice president of the United
States are not required to file an affidavit of candidacy for office. deleted text end new text begin (a) new text end Candidates who
seek nomination for the office of United States senator or representative shall state the
following information on the affidavit:

(1) for United States senator, that the candidate will be an inhabitant of this state
when elected and will be 30 years of age or older and a citizen of the United States for not
less than nine years on the next January 3 or, in the case of an election to fill a vacancy,
within 21 days after the special election; and

(2) for United States representative, that the candidate will be an inhabitant of this
state when elected and will be 25 years of age or older and a citizen of the United States
for not less than seven years on the next January 3 or, in the case of an election to fill a
vacancy, within 21 days after the special election.

new text begin (b) A candidate who seeks nomination for president of the United States shall state
on the affidavit that the candidate is a natural born citizen of the United States, will have
attained the age of 35 years upon taking office, and will have been a resident of the United
States for 14 years upon taking office.
new text end

Sec. 8.

Minnesota Statutes 2014, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall
constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
deleted text begin May deleted text end new text begin December 1 if a presidential primary is scheduled to occur in the following year or
March new text end 1 of any new text begin other new text end year:

(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than deleted text begin April deleted text end new text begin November 1 if a presidential
primary is scheduled to occur in the following year or February new text end 1 of any new text begin other new text end year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

Sec. 9.

Minnesota Statutes 2014, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election
precinct must be adopted at least ten weeks before the date of the next election and, for
the state primary and general election, no later than deleted text begin June deleted text end new text begin April new text end 1 in the year of the state
general election new text begin , but if a presidential primary is scheduled to occur, then no later than
January 1 in the year of the presidential primary new text end . The precinct boundary change shall
not take effect until notice of the change has been posted in the office of the municipal
clerk or county auditor for at least 56 days.

The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days before the first day to file affidavits of
candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.

Sec. 10.

Minnesota Statutes 2014, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and secretary of
state.

On deleted text begin May deleted text end new text begin March new text end 1 in a year in which there is an election for a partisan political
office, each major political party shall prepare a list of eligible voters to act as election
judges in each election precinct. The political parties shall furnish the lists electronically
to the secretary of state, in a format specified by the secretary of state. The secretary of
state must combine the data received from each political party under this subdivision
and must process the data to locate the precinct in which the address provided for each
potential election judge is located. If the data submitted by a political party is insufficient
for the secretary of state to locate the proper precinct, the associated name must not appear
in any list forwarded to an appointing authority under this subdivision. The secretary of
state shall notify political parties of any proposed election judges with addresses that
could not be located in a precinct.

By deleted text begin May deleted text end new text begin December 15 in a year prior to a year in which a presidential primary is
scheduled to occur or by March new text end 15 new text begin in any other year new text end , the secretary of state shall furnish
electronically to the county auditor a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authority, noting the political party affiliation
of each individual on the list. The county auditor must promptly forward the appropriate
names to the appropriate municipal clerk.

Sec. 11.

Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2, is
amended to read:

Subd. 2.

Elections covered.

For purposes of this section, "election" means a
regularly scheduled election, an election to fill a vacancy in the office of United States
senator or United States representative, an election to fill a vacancy in nomination for a
constitutional office, deleted text begin or deleted text end an election to fill a vacancy in the office of state senator or state
representative new text begin , or a presidential primary under chapter 207A new text end .

Sec. 12.

Minnesota Statutes 2014, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be held on the deleted text begin second deleted text end new text begin first new text end
Tuesday new text begin after the third Monday new text end in deleted text begin August deleted text end new text begin June new text end in each even-numbered year to select
the nominees of the major political parties for partisan offices and the nominees for
nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 13.

Minnesota Statutes 2014, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

new text begin (a) No later than December 1 in a year prior to a
year in which there is a presidential election, the secretary of state shall supply each
auditor with a copy of an example ballot to be used at the presidential primary under
chapter 207A. The example ballot must illustrate the format required for the ballot used in
the presidential primary in the following year.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end No later than deleted text begin May deleted text end new text begin March new text end 1 of each year, the secretary of state shall supply
each auditor with a copy of an example ballot new text begin to be used at the state primary and state
general election new text end . The example ballot must illustrate the format required for the ballots
used in the primary and general elections that year. deleted text begin (b) deleted text end The county auditor shall distribute
copies of the example ballot to municipal and school district clerks in municipalities
and school districts holding elections that year. The official ballot must conform in all
respects to the example ballot.

Sec. 14.

Minnesota Statutes 2014, section 204D.28, subdivision 5, is amended to read:

Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the
state general election; or

(b) a primary held on the deleted text begin second deleted text end new text begin first new text end Tuesday new text begin after the third Monday new text end in deleted text begin August deleted text end new text begin June new text end
of odd-numbered years.

Sec. 15.

Minnesota Statutes 2014, section 205.065, subdivision 1, is amended to read:

Subdivision 1.

Establishing primary.

A municipal primary for the purpose of
nominating elective officers may be held in any city on the deleted text begin second deleted text end new text begin first new text end Tuesday new text begin after the
third Monday new text end in deleted text begin August deleted text end new text begin June new text end of any year in which a municipal general election is to
be held for the purpose of electing officers. The date of a municipal primary held in
an odd-numbered year may be postponed for inclement weather as provided in section
205.105.

Sec. 16.

Minnesota Statutes 2014, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance
or resolution adopted by deleted text begin April deleted text end new text begin January new text end 15 in the year when a municipal general election
is held, elect to choose nominees for municipal offices by a primary as provided in this
section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
elections until it is revoked. The municipal clerk shall notify the secretary of state and the
county auditor within 30 days after the adoption of the resolution or ordinance.

Sec. 17.

Minnesota Statutes 2014, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

The
school board of a school district may, by resolution adopted by deleted text begin April deleted text end new text begin January new text end 15 of any
year, decide to choose nominees for school board by a primary as provided in this section.
The resolution, when adopted, is effective for all ensuing elections of board members in
that school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary.

Sec. 18.

Minnesota Statutes 2014, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the deleted text begin second deleted text end new text begin first new text end Tuesday new text begin
after the third Monday new text end in deleted text begin August deleted text end new text begin June new text end in the year when the school district general election
is held. The clerk shall give notice of the primary in the manner provided in section
205A.07. The date of a school district primary held in an odd-numbered year may be
postponed for inclement weather as provided in section 205A.055.

Sec. 19.

Minnesota Statutes 2014, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed
with the school district clerk no earlier than the 84th day and no later than the 70th day
before the deleted text begin second deleted text end new text begin first new text end Tuesday new text begin after the third Monday new text end in deleted text begin August deleted text end new text begin June new text end in the year when the
school district general election is held. In all other school districts, affidavits of candidacy
must be filed no earlier than the 98th day and no later than the 84th day before the school
district general election.

Sec. 20.

Minnesota Statutes 2014, section 205A.11, subdivision 2a, is amended to read:

Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a
notice to the voters who will be voting in a combined polling place for a school district
special election. The notice must include the following information: the date of the
election, the hours of voting, and the location of the voter's polling place. The notice must
be sent by nonforwardable mail to every affected household in the school district with
at least one registered voter. The notice must be mailed no later than 14 days before
the election. The mailed notice is not required for a school district special election that
is held on the deleted text begin second deleted text end new text begin first new text end Tuesday new text begin after the third Monday new text end in deleted text begin August deleted text end new text begin June new text end , the Tuesday
following the first Monday in November, or for a special election conducted entirely by
mail. In addition, the mailed notice is not required for voters residing in a township if
the school district special election is held on the second Tuesday in March and the town
general election is held on that day. A notice that is returned as undeliverable must be
forwarded immediately to the county auditor.

Sec. 21.

Minnesota Statutes 2014, section 206.61, subdivision 5, is amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears
on the machines or marking devices used in a municipality substantially an equal number
of times in the first, last, and in each intermediate place in the list or group in which
they belong. However, the arrangement of candidates' names must be the same on all
voting systems used in the same precinct. If the number of names to be alternated exceeds
the number of precincts, the election official responsible for providing the ballots, in
accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision.

The rules adopted by the secretary of state for the rotation of candidate names must
use the number of registered voters in each precinct as of 8:00 a.m. on deleted text begin May deleted text end new text begin March new text end 1 of
the year when the rotation will be made as the basis for determining the rotation of names.

Sec. 22.

Minnesota Statutes 2014, section 206.82, subdivision 2, is amended to read:

Subd. 2.

Plan.

The municipal clerk in a municipality where an electronic voting
system is used and the county auditor of a county in which an electronic voting system is
used in more than one municipality and the county auditor of a county in which a counting
center serving more than one municipality is located shall prepare a plan which indicates
acquisition of sufficient facilities, computer time, and professional services and which
describes the proposed manner of complying with section 206.80. The plan must be
signed, notarized, and submitted to the secretary of state more than 60 days before the
first election at which the municipality uses an electronic voting system. Before deleted text begin May deleted text end new text begin
March new text end 1 of each subsequent general election year, the clerk or auditor shall submit to the
secretary of state notification of any changes to the plan on file with the secretary of state.
The secretary of state shall review each plan for its sufficiency and may request technical
assistance from the Office of MN.IT Services or other agency which may be operating
as the central computer authority. The secretary of state shall notify each reporting
authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the
plan. The attorney general, upon request of the secretary of state, may seek a district court
order requiring an election official to fulfill duties imposed by this subdivision or by
rules promulgated pursuant to this section.

Sec. 23.

new text begin [207A.11] PRESIDENTIAL PRIMARY.
new text end

new text begin (a) A presidential primary must be held as provided under sections 207A.11 to
207A.14 at which the voters of this state may express their preference among the candidates
of the major political parties of their choice, for that party's nomination to be president of
the United States or to vote for uncommitted delegates to the national party convention.
new text end

new text begin (b) No later than March 1 in the year prior to the year in which a president and vice
president of the United States are to be nominated and elected, the chairs of the two largest
major political parties shall jointly submit to the secretary of state the single date on which
the two parties have agreed to hold the presidential primary in the next year. No other
election may be conducted on the date of the presidential primary.
new text end

new text begin (c) Within two business days after the parties have agreed on a single date on which
to hold the presidential primary, the secretary of state shall publicly announce the official
presidential primary date for the following general election year.
new text end

new text begin (d) If the chairs of the two largest major parties do not jointly submit a single date to
hold the presidential primary as provided in this section, for purposes of the next general
election year, the first Tuesday in March shall be the day of the presidential primary.
new text end

new text begin (e) For the purposes of this chapter, "political party" or "party" means a major
political party as defined in section 200.02, subdivision 7.
new text end

new text begin (f) Except as otherwise provided in this chapter, the presidential primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.
new text end

Sec. 24.

new text begin [207A.12] CANDIDATES ON BALLOT.
new text end

new text begin Subdivision 1. new text end

new text begin Required listing. new text end

new text begin The following individuals must be listed as
candidates on the presidential primary ballot in the column representing the candidate's
party:
new text end

new text begin (1) any individual who files an affidavit of candidacy under section 204B.06 and
submits the appropriate filing fee or petition in place of filing fee under section 204B.11; and
new text end

new text begin (2) any individual nominated as a candidate for the presidential nomination of a
political party by a petition submitted not later than ten weeks before the primary and
bearing the names of 1,000 eligible voters from each congressional district.
new text end

new text begin In addition, the column for each major political party must contain a place for a voter
to indicate a preference for having delegates to the party's national convention remain
uncommitted, and a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot.
new text end

new text begin The candidates must be listed in the appropriate column on the ballot in the order
that the affidavits of candidacy or nominating petitions for the candidates are filed with
the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Time for filing; fee. new text end

new text begin The period for filing an affidavit of candidacy for the
presidential primary must begin not more than 84 days nor less than 70 days before the
primary. The filing fee is $500. The period for signing nominating petitions must begin 16
weeks before the primary and end ten weeks before the primary.
new text end

new text begin Subd. 3. new text end

new text begin Announcing candidates. new text end

new text begin Candidates who have filed an affidavit of
candidacy under subdivision 1, clause (1), for each political party on the primary ballot
must be announced by the secretary of state the day after filings close for the purpose of
giving voters sufficient time to nominate other candidates by petition.
new text end

new text begin Subd. 4. new text end

new text begin Announcement. new text end

new text begin The determination of which candidates must be listed on
the primary ballot must be made by the secretary of state not later than eight weeks before
the primary. The secretary of state shall certify to the county auditor of each county the
names of all candidates in the presidential primary at least seven weeks before the primary.
new text end

new text begin Subd. 5. new text end

new text begin Notification. new text end

new text begin Not later than three days after the last day for filing a
nominating petition under subdivision 1, clause (2), the secretary of state shall notify each
individual whose name is to be listed on the primary ballot that the individual's name
will be listed unless the individual submits an affidavit stating that the individual is not
a candidate for the presidential nomination, does not intend to become a candidate, and
would not accept the nomination. The affidavit must be submitted to and received by the
secretary of state no later than eight weeks before the primary.
new text end

Sec. 25.

new text begin [207A.13] SELECTION OF DELEGATES; NATIONAL CONVENTION
BALLOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Apportionment of votes. new text end

new text begin The delegates to the national convention
of each political party appearing on the primary ballot who are chosen on the basis of their
support for particular presidential candidates must be apportioned among the various
candidates of that party receiving votes in the primary in proportion to a candidate's
respective vote totals.
new text end

new text begin The secretary of state shall certify to the state chair of each political party appearing on
the primary ballot the number of delegates to which each presidential candidate is entitled.
new text end

new text begin Subd. 2. new text end

new text begin Chosen delegates. new text end

new text begin Delegates to the national convention of each
political party appearing on the primary ballot must be chosen by the state convention
or congressional district convention of that party, except as otherwise provided in this
subdivision. The secretary of each party's state convention or congressional district
convention shall promptly notify the secretary of state of the names of the delegates to the
national convention chosen as supporters of each presidential candidate.
new text end

new text begin Subd. 3. new text end

new text begin Delegate votes. new text end

new text begin At the national convention, delegates chosen because of
their support for a presidential candidate shall vote for that candidate on the first ballot,
unless they have been released from that obligation by the candidate. This subdivision
does not apply to delegates to the extent that it is inconsistent with the rules of the national
party or state party.
new text end

Sec. 26.

new text begin [207A.14] AUDITOR FURNISHED INFORMATION BY SECRETARY
OF STATE; BALLOT PREPARATION.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of filing period. new text end

new text begin Twenty weeks before a presidential primary
is to be held, the secretary of state shall provide notice to the county auditor of each
county of the date of the presidential primary. Within ten days after notification by the
secretary of state, each county auditor shall provide notice of the date of the presidential
primary to each municipal clerk in the county.
new text end

new text begin Subd. 2. new text end

new text begin Notice of primary. new text end

new text begin At least 15 days before the date of the presidential
primary, each municipal clerk shall post a public notice stating the date of the presidential
primary, the location of each polling place in the municipality, and the hours during which
the polling places in the municipality will be open. The county auditor shall post a similar
notice in the auditor's office with information for any polling places in unorganized
territory in the county. The governing body of a municipality or county may publish the
notice in addition to posting it. Failure to give notice does not invalidate the election.
new text end

new text begin Subd. 3. new text end

new text begin Ballot preparation. new text end

new text begin The secretary of state shall prepare paper ballots,
absentee ballot envelopes, ballot return envelopes, election return envelopes, and summary
statements for use in the presidential primary.
new text end

Sec. 27. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 26 are effective January 1, 2017, and apply to elections conducted
on or after that date.
new text end