HF 50

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to elections; providing for the treatment of absentee ballots following
a vacancy in nomination because of death or catastrophic illness; amending
Minnesota Statutes 2008, section 204B.41.

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

Section 1.

Minnesota Statutes 2008, section 204B.41, is amended to read:

204B.41 VACANCY IN NOMINATION; CHANGING BALLOTS.

new text begin (a) new text end When a vacancy in nomination occurs through the death or catastrophic illness of
a candidate after the 16th day before the general election, the officer in charge of preparing
the ballots shall prepare and distribute a sufficient number of separate paper ballots which
shall be headed with the words "OFFICIAL SUPPLEMENTAL BALLOT." This ballot
shall contain the title of the office for which the vacancy in nomination has been filled and
the names of all the candidates nominated for that office. The ballot shall conform to the
provisions governing the printing of other official ballots as far as practicable. The title of
the office and the names of the candidates for that office shall be blotted out or stricken
from the regular ballots by the election judges. The official supplemental ballot shall be
given to each voter when the voter is given the regular ballot or is directed to the voting
machine. Regular ballots shall not be changed nor shall official supplemental ballots be
prepared as provided in this section during the six calendar days before an election.

new text begin (b) new text end Absentee ballots that have been mailed prior to the preparation of official
supplemental ballots shall be counted in the deleted text begin same deleted text end new text begin following new text end manner deleted text begin as if the vacancy had
not occurred. deleted text end new text begin A voter who requests an official supplemental ballot must be given the
ballot, and that ballot must be counted in place of the vote the voter cast on the absentee
ballot. A voter must be recorded as having voted for the candidate chosen by the major
political party under section 204B.13 to fill the vacancy in nomination if the voter:
new text end

new text begin (1) received the absentee ballot before the supplemental ballot was prepared;
new text end

new text begin (2) did not request the supplemental ballot; and
new text end

new text begin (3) voted for the candidate who died or withdrew because of catastrophic illness.
new text end

new text begin (c) new text end Both an official supplemental ballot and a replacement regular ballot from
which the title of the office and names of the candidates for that office have been blotted
out or stricken as provided in this section must be provided to each absentee voter or
voter residing in a precinct voting by mail who requests either of them under section
203B.06, subdivision 3. The election judges conducting absentee voting in health care
facilities as provided in section 203B.11, subdivision 1, must deliver official supplemental
ballots and replacement regular ballots to those facilities no later than 5:00 p.m. on the
day before the election.