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HF 2179

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 02:41pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/06/2017

Current Version - as introduced

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A bill for an act
relating to elections; modifying certain procedures related to vacancies in
nomination; amending Minnesota Statutes 2016, section 204B.13, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 204B.13, subdivision 2, is amended to read:


Subd. 2.

Partisan office; nomination by party; special election.

(a) Except as provided
in subdivision 5, a major political party may fill a vacancy in nomination of that party's
candidate as defined in subdivision 1, clause (1), (2), or (3), by filing one nomination
certificate with the same official who received the affidavits of candidacy for that office.

A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill a vacancy in nomination for any federal or
state partisan office. The nomination certificate shall be prepared under the direction of and
executed by the chair and secretary of the political party and filed within the timelines
established in this section. When filing the certificate the chair and secretary shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for a
partisan office that occurs after the 79th day before the general election, the general election
ballot shall remain unchanged, deleted text begin butdeleted text end new text begin and the election shall proceed as follows:
new text end

new text begin (1) if the vacancy in nomination is due to the candidate's death or withdrawal, as provided
in subdivision 1, paragraph (a), clause (1) or (2),
new text end the county and state canvassing boards
must not certify the vote totals for that office from the general election, and the office must
be filled at a special election held in accordance with this section. Except for the vacancy
in nomination, all other candidates whose names appeared on the general election ballot for
the office must appear on the special election ballot for the office. New affidavits of
candidacy or nominating petitions may not be accepted, and there must not be a primary to
fill the vacancy in nomination. The major political party may file a nomination certificate
as provided in paragraph (a) no later than seven days after the general electiondeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) if the vacancy in nomination is due to a court order determining that the candidate
is ineligible to hold the office as provided in subdivision 1, paragraph (a), clause (3), the
county and state canvassing boards must disregard the vote totals for the candidate determined
to be ineligible, but must otherwise certify the vote totals for all other eligible candidates
for that office.
new text end

new text begin (d) new text end On the date of the general election, the county auditor or municipal clerk shall post
a notice in each precinct affected by a vacancy in nomination under deleted text begin thisdeleted text end paragraphnew text begin (c)new text end ,
informing voters of the reason for the vacancy in nomination and the procedures for deleted text begin filling
the vacancy in nomination and conducting a special election
deleted text end new text begin conducting the electionnew text end as
required by this section. The secretary of state shall prepare and electronically distribute
the notice to county auditors in each county affected by a vacancy in nomination.