HF 78

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; defining certain terms; 
  1.3             changing the name of the state partisan primary to the 
  1.4             state party nominating election; requiring candidates 
  1.5             to demonstrate party support before being listed on a 
  1.6             party's ballot; moving the state party nominating 
  1.7             election and primary from September to June; changing 
  1.8             certain procedures, terms, and deadlines; amending 
  1.9             Minnesota Statutes 1996, sections 200.02, by adding a 
  1.10            subdivision; 204B.08, subdivisions 1 and 2; 204B.09, 
  1.11            subdivision 1; 204B.10, subdivisions 2, 3, and 4; 
  1.12            204B.11, subdivision 2; 204B.12, subdivision 1; 
  1.13            204B.33; 204D.03, subdivision 1; and 204D.08, 
  1.14            subdivision 4; proposing coding for new law in 
  1.15            Minnesota Statutes, chapter 204B. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1996, section 200.02, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 23.  [CONSTITUTIONAL OFFICE.] "Constitutional office" 
  1.20  means the offices of governor, lieutenant governor, secretary of 
  1.21  state, state auditor, state treasurer, and attorney general. 
  1.22     Sec. 2.  [204B.055] [FILING FOR PRIMARY; MAJOR PARTY 
  1.23  CANDIDATES FOR CONSTITUTIONAL OFFICE.] 
  1.24     Subdivision 1.  [NOTICE OF OFFICES TO BE ELECTED.] By 
  1.25  February 15 of every even-numbered year the secretary of state 
  1.26  shall send a notice of the constitutional offices to be elected 
  1.27  at the state general election to the state chair of each major 
  1.28  political party.  
  1.29     Subd. 2.  [CERTIFICATION OF CANDIDATES.] No later than 
  1.30  eight weeks before the state party nominating election, the 
  2.1   state chair of each major political party shall certify to the 
  2.2   secretary of state the names of every person who received at 
  2.3   least 20 percent of the votes on any ballot at the appropriate 
  2.4   party endorsing convention for a constitutional office according 
  2.5   to the party rules.  Candidates who receive the endorsement of 
  2.6   the party must be designated as such on the certification.  
  2.7      Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  2.8   candidates must include the name of the candidate as it is to 
  2.9   appear on the ballot and the name of the office sought.  The 
  2.10  certification shall also include a statement that each candidate 
  2.11  meets the qualifications for the office sought.  The 
  2.12  certification must be prepared by the party chair in the manner 
  2.13  provided by the secretary of state.  
  2.14     Subd. 4.  [ELIGIBILITY OF CANDIDATES.] No candidate shall 
  2.15  be certified by a major political party who does not meet the 
  2.16  constitutional and statutory requirements for the office sought. 
  2.17     Subd. 5.  [FILING BY PETITION.] Any eligible voter whose 
  2.18  name is not certified by a major political party as provided in 
  2.19  this section may obtain access to the state party nomination 
  2.20  ballot for a constitutional office by filing an affidavit of 
  2.21  candidacy and a petition.  
  2.22     The petition must include the signatures of at least five 
  2.23  percent of the number of persons voting for the nomination of 
  2.24  the office sought at the last state party nominating election.  
  2.25  The minimum number of signatures required must be calculated 
  2.26  separately for each congressional district.  By February 15 of 
  2.27  each even-numbered year, the secretary of state shall determine 
  2.28  the minimum number of signatures and the minimum distribution of 
  2.29  signatures by congressional district required for persons 
  2.30  submitting petitions as provided in this subdivision.  
  2.31     Subd. 6.  [FORM OF PETITION.] The petition required by 
  2.32  subdivision 5 must include the following information:  
  2.33  candidate's name, candidate's address, party name, and office 
  2.34  sought.  The petition must include the following oath or 
  2.35  affirmation of the signers:  "I solemnly swear (or affirm) that 
  2.36  I know the contents and purpose of this petition, that I either 
  3.1   participated in the most recent precinct caucus for the party 
  3.2   listed on the petition or intend to vote for a majority of that 
  3.3   party's candidates at the next state general election, and that 
  3.4   I signed this petition of my own free will."  An individual who, 
  3.5   in signing a petition, makes a false oath is guilty of perjury.  
  3.6      Petitions submitted under this subdivision must be in the 
  3.7   form specified by the secretary of state, who shall prepare 
  3.8   samples of the form.  
  3.9      Subd. 7.  [CANDIDATES WITHOUT PARTY CERTIFICATION OR 
  3.10  PETITION.] A candidate may not be placed on the state party 
  3.11  nominating election ballot to seek the nomination of a major 
  3.12  political party for a constitutional office without party 
  3.13  certification under subdivision 2 or a party petition under 
  3.14  subdivisions 5 and 6. 
  3.15     Sec. 3.  Minnesota Statutes 1996, section 204B.08, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [TIME FOR SIGNING.] Nominating Petitions 
  3.18  shall be signed during the period when petitions may be filed as 
  3.19  provided in section 204B.09.  
  3.20     Sec. 4.  Minnesota Statutes 1996, section 204B.08, 
  3.21  subdivision 2, is amended to read: 
  3.22     Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
  3.23  petition may be signed only by individuals who are eligible to 
  3.24  vote for the candidate who is nominated named on the petition.  
  3.25  No individual may sign more than one nominating petition for 
  3.26  candidates for the same office unless more than one candidate is 
  3.27  to be elected to that office.  If more than one candidate is to 
  3.28  be elected to the office, an individual may sign as many 
  3.29  petitions as there are candidates to be elected.  
  3.30     Sec. 5.  Minnesota Statutes 1996, section 204B.09, 
  3.31  subdivision 1, is amended to read: 
  3.32     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  3.33  ELECTIONS.] Except as otherwise provided by this subdivision, 
  3.34  affidavits of candidacy and nominating petitions for county, 
  3.35  state and federal offices filled at the state general election 
  3.36  shall be filed not more than 70 days ten weeks nor less than 56 
  4.1   days eight weeks before the state primary party nominating 
  4.2   election.  The affidavit may be prepared and signed at any time 
  4.3   between 60 days before the filing period opens and the last day 
  4.4   of the filing period.  Notwithstanding other law to the 
  4.5   contrary, the affidavit of candidacy must be signed in the 
  4.6   presence of a notarial officer. 
  4.7      The petitions authorized by section 204B.055 may be signed 
  4.8   no earlier than 18 weeks before the state party nominating 
  4.9   election and must be filed with the secretary of state no later 
  4.10  than eight weeks before the state party nominating election.  
  4.11  Candidates for presidential electors may file petitions on or 
  4.12  before the state primary day.  Nominating petitions to fill 
  4.13  vacancies in nominations shall be filed as provided in section 
  4.14  204B.13.  No affidavit or petition shall be accepted later than 
  4.15  5:00 p.m. on the last day for filing.  Affidavits and petitions 
  4.16  for offices to be voted on in only one county shall be filed 
  4.17  with the county auditor of that county.  Affidavits and 
  4.18  petitions for offices to be voted on in more than one county 
  4.19  shall be filed with the secretary of state. 
  4.20     Sec. 6.  Minnesota Statutes 1996, section 204B.10, 
  4.21  subdivision 2, is amended to read: 
  4.22     Subd. 2.  [NOMINATING PETITIONS; ACKNOWLEDGMENT; 
  4.23  NUMBERING.] On the day a nominating petition is filed, the 
  4.24  election official shall deliver or mail an acknowledgment of the 
  4.25  petition to the individual who files it and to the candidate who 
  4.26  is to be nominated.  The election official shall also number the 
  4.27  petitions in the order received.  The petitions shall be 
  4.28  retained as provided in section 204B.40, and shall be available 
  4.29  for public inspection during that period.  
  4.30     Sec. 7.  Minnesota Statutes 1996, section 204B.10, 
  4.31  subdivision 3, is amended to read: 
  4.32     Subd. 3.  [INSPECTION.] The official with whom nominating 
  4.33  petitions are filed shall inspect the petitions in the order 
  4.34  filed to verify that there are a sufficient number of signatures 
  4.35  of individuals whose residence address as shown on the petition 
  4.36  is in the district where the candidate is to be nominated.  
  5.1      Sec. 8.  Minnesota Statutes 1996, section 204B.10, 
  5.2   subdivision 4, is amended to read: 
  5.3      Subd. 4.  [CERTIFICATION.] The secretary of state shall 
  5.4   certify to the county auditor of each county the names of all 
  5.5   candidates nominated by petitions filed with the secretary of 
  5.6   state.  Certification of candidates filing petitions as provided 
  5.7   in section 204B.05 must be made at the same time that the 
  5.8   secretary of state certifies candidates for the state party 
  5.9   nominating election.  Certification shall of candidates 
  5.10  nominated by petition must be made at the same time as the 
  5.11  secretary of state certifies the names of candidates who are 
  5.12  nominated at the primary.  
  5.13     Sec. 9.  Minnesota Statutes 1996, section 204B.11, 
  5.14  subdivision 2, is amended to read: 
  5.15     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  5.16  filing an affidavit of candidacy, a candidate may present a 
  5.17  petition in place of the filing fee.  The petition may be signed 
  5.18  by any individual eligible to vote for the candidate.  A 
  5.19  nominating petition filed pursuant to section 204B.07 or 
  5.20  204B.13, subdivision 4, or a petition submitted to the secretary 
  5.21  of state as provided in section 204B.05 is effective as a 
  5.22  petition in place of a filing fee if the nominating petition 
  5.23  includes a prominent statement informing the signers of the 
  5.24  petition that it will be used for that purpose.  
  5.25     The number of signatures on a petition used solely in place 
  5.26  of a filing fee shall be as follows:  
  5.27     (a) for a state office voted on statewide, or for president 
  5.28  of the United States, or United States senator, 2,000; 
  5.29     (b) for a congressional office, 1,000; 
  5.30     (c) for a county or legislative office, or for the office 
  5.31  of district, county, or county municipal judge, 500; and 
  5.32     (d) for any other office which requires a filing fee as 
  5.33  prescribed by law, municipal charter, or ordinance, the lesser 
  5.34  of 500 signatures or five percent of the total number of votes 
  5.35  cast in the municipality, ward, or other election district at 
  5.36  the preceding general election at which that office was on the 
  6.1   ballot.  
  6.2      An official with whom petitions are filed shall make sample 
  6.3   forms for petitions in place of filing fees available upon 
  6.4   request.  
  6.5      Sec. 10.  Minnesota Statutes 1996, section 204B.12, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
  6.8   from the primary ballot by filing an affidavit of withdrawal 
  6.9   with the same official who received the affidavit of candidacy.  
  6.10  The affidavit shall request that official to withdraw the 
  6.11  candidate's name from the ballot and shall be filed no later 
  6.12  than three days 5:00 p.m. on the day after the last day for 
  6.13  filing for the office.  
  6.14     Sec. 11.  Minnesota Statutes 1996, section 204B.33, is 
  6.15  amended to read: 
  6.16     204B.33 [NOTICE OF FILING.] 
  6.17     (a) Between June 1 and July 1 in each even numbered year No 
  6.18  later than 15 weeks before the state party nominating election, 
  6.19  the secretary of state shall notify each county auditor of the 
  6.20  offices to be voted for in that county at the next state general 
  6.21  election for which candidates file with the secretary of state.  
  6.22  The notice shall include the time and place of filing for those 
  6.23  offices.  Within ten days after notification by the secretary of 
  6.24  state, each county auditor shall notify each municipal clerk in 
  6.25  the county of all the offices to be voted for in the county at 
  6.26  that election and the time and place for filing for those 
  6.27  offices.  The county auditors and municipal clerks shall 
  6.28  promptly post a copy of that notice in their offices. 
  6.29     (b) At least two weeks before the first day to file an 
  6.30  affidavit of candidacy, the county auditor shall publish a 
  6.31  notice stating the first and last dates on which affidavits of 
  6.32  candidacy may be filed in the county auditor's office and the 
  6.33  closing time for filing on the last day for filing.  The county 
  6.34  auditor shall post a similar notice at least ten days before the 
  6.35  first day to file affidavits of candidacy. 
  6.36     Sec. 12.  Minnesota Statutes 1996, section 204D.03, 
  7.1   subdivision 1, is amended to read: 
  7.2      Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
  7.3   PRIMARY.] The state party nominating election and primary shall 
  7.4   be held on the first third Tuesday after the second Monday in 
  7.5   September June in each even-numbered year to select the nominees 
  7.6   of the major political parties for partisan offices and the 
  7.7   nominees for nonpartisan offices to be filled at the state 
  7.8   general election, other than presidential electors.  
  7.9      Sec. 13.  Minnesota Statutes 1996, section 204D.08, 
  7.10  subdivision 4, is amended to read: 
  7.11     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
  7.12  BALLOT; PARTY COLUMNS.] The state partisan primary party 
  7.13  nominating election ballot shall be headed by the words "State 
  7.14  Partisan Primary Party Nominating Election Ballot."  The ballot 
  7.15  shall be printed on white paper.  There must be at least three 
  7.16  vertical columns on the ballot and each major political party 
  7.17  shall have a separate column headed by the words ".......... 
  7.18  Party," giving the party name.  Above the party names, the 
  7.19  following statement shall be printed.  
  7.20     "Minnesota election law permits you to vote for the 
  7.21  candidates of only one political party in a state partisan 
  7.22  primary party nominating election." 
  7.23     If there are only two major political parties to be listed 
  7.24  on the ballot, one party must occupy the left-hand column, the 
  7.25  other party must occupy the right-hand column, and the center 
  7.26  column must contain the following statement:  
  7.27     "Do not vote for candidates of more than one party."  
  7.28     The names of the candidates seeking the nomination of each 
  7.29  major political party shall be listed in that party's 
  7.30  column.  The name of a candidate who was endorsed by a major 
  7.31  political party at the appropriate party endorsing convention 
  7.32  according to the party rules must be followed by the term 
  7.33  "endorsed."  If only one individual files an affidavit of 
  7.34  candidacy seeking the nomination of a major political party for 
  7.35  an office, the name of that individual shall be placed on the 
  7.36  state partisan primary ballot at the appropriate location in 
  8.1   that party's column.  
  8.2      In each column, the candidates for senator in Congress 
  8.3   shall be listed first, candidates for representative in Congress 
  8.4   second, candidates for state senator third, candidates for state 
  8.5   representative fourth and then candidates for state office in 
  8.6   the order specified by the secretary of state.  
  8.7      The party columns shall be substantially the same in width, 
  8.8   type, and appearance.  The columns shall be separated by a 
  8.9   12-point solid line. 
  8.10     Sec. 14.  [INSTRUCTION TO REVISOR.] 
  8.11     The revisor of statutes shall change the terms in column A 
  8.12  to the corresponding terms in column B wherever they appear in 
  8.13  Minnesota Statutes or Minnesota Rules. 
  8.14         Column A                       Column B
  8.15    "state primary"              "state party nominating
  8.16                                  election and primary"
  8.17    "state partisan primary"     "state party nominating
  8.18                                  election"