HF 281

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/24/2011 03:09pm

A bill for an act
relating to elections; changing certain primary canvassing requirements;
amending Minnesota Statutes 2010, sections 204C.32, subdivision 1; 205.065,
subdivision 5; 205A.03, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on new text begin either new text end the new text begin second or new text end third day following the state primary. After
taking the oath of office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The board shall complete the canvass deleted text begin on the third day
following the state primary deleted text end and shall promptly prepare and file with the county auditor
a report that states:

(a) the number of individuals voting at the election in the county, and in each
precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;

(d) the names of the candidates of each major political party who are nominated; and

(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.

Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

Sec. 2.

Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:

Subd. 5.

Results.

new text begin (a) new text end The municipal primary shall be conducted and the returns
made in the manner provided for the state primary so far as practicable. new text begin Except as
otherwise provided in this subdivision, new text end on the third day after the primary, the governing
body of the municipality shall canvass the returns, and the two candidates for each office
who receive the highest number of votes, or a number of candidates equal to twice the
number of individuals to be elected to the office, who receive the highest number of
votes, shall be the nominees for the office named. Their names shall be certified to the
municipal clerk who shall place them on the municipal general election ballot without
partisan designation and without payment of an additional fee.

new text begin (b) A canvass may be conducted on the second day after the primary if the county
auditor of each county in which the municipality is located agrees to administratively
review the municipality's returns for accuracy and completeness within a time that permits
the canvass to be conducted on that day.
new text end

Sec. 3.

Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:

Subd. 4.

Results.

new text begin (a) new text end The school district primary must be conducted and the
returns made in the manner provided for the state primary as far as practicable. new text begin Except as
otherwise provided in this subdivision, new text end on the third day after the primary, the school board
of the school district shall canvass the returns, and the two candidates for each specified
school board position who receive the highest number of votes, or a number of candidates
equal to twice the number of individuals to be elected to at-large school board positions
who receive the highest number of votes, are the nominees for the office named. Their
names must be certified to the school district clerk who shall place them on the school
district general election ballot without partisan designation and without payment of an
additional fee.

new text begin (b) A canvass may be conducted on the second day after the primary if the county
auditor of each county in which the school district is located agrees to administratively
review the school district's returns for accuracy and completeness within a time that
permits the canvass to be conducted on that day.
new text end