Minnesota Legislature
HF 654
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:40am
Current Version - as introduced
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A bill for an act
relating to elections; permitting fusion candidacies; amending Minnesota Statutes 2008, sections 204B.03; 204B.04, subdivisions 1, 2; 204B.06, subdivision 1; 204B.07, subdivision 1; 204C.21, subdivision 1; 204C.24, subdivision 1; 204C.33, subdivisions 1, 3; 204D.13, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, 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.
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.new text begin Candidates for any partisan office who seek the
nomination of a political party or political principle other than the candidate's 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.
new text end
Sec. 2.
Minnesota Statutes 2008, section 204B.04, subdivision 1, is amended to read:
Subdivision 1.
Major party candidates.
No individual shall be named on any
ballot as the candidate of more than one major political party.new text begin An individual may be
named on a ballot as a candidate of a major political party and as a candidate of a political
principle or any political party that is not a major political party.new text end No individual who has
been certified by a canvassing board as the nominee of any major political party shall
be named on any ballot as the candidate of any other major political party at the next
ensuing general election.
Sec. 3.
Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
Subd. 2.
Candidates seeking nomination by primary.
No individual who seeks
nomination for any partisan deleted text begin or nonpartisandeleted text end officenew text begin as a major political party candidatenew text end at
a primary shall be nominated for the same officenew text begin as a major political party candidatenew text end by
nominating petition, except as otherwise provided deleted text begin for partisan officesdeleted text end in section 204D.10,
subdivision 2deleted text begin , and for nonpartisan officesdeleted text end new text begin . No individual who seeks nomination for any
nonpartisan office at a primary shall be nominated for the same office except as otherwise
providednew text end in section 204B.13, subdivision 4.
Sec. 4.
Minnesota Statutes 2008, section 204B.06, subdivision 1, is amended to read:
Subdivision 1.
Form of affidavit.
An affidavit of candidacy shall state the name of
the office sought and, except as provided in subdivision 4, shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate for any office at the same primary
or next ensuing general election, except that a candidate for soil and water conservation
district supervisor in a district not located in whole or in part in Anoka, Hennepin,
Ramsey, or Washington County, may also have on file an affidavit of candidacy for
mayor or council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation district or for
town supervisor in a town of not more than 2,500 population contained in whole or in part
in the soil and water conservation district; and
(3) is, or will be on assuming the office, 21 years of age or more, and will have
maintained residence in the district from which the candidate seeks election for 30 days
before the general election.
An affidavit of candidacy must include a statement that the candidate's name as
written on the affidavit for ballot designation is the candidate's true name or the name by
which the candidate is commonly and generally known in the community.
An affidavit of candidacy for partisan office shall also state the name of the
candidate's political party or political principle, stated in three words or less.new text begin A candidate
who has filed an affidavit of candidacy as a major political party candidate may file an
affidavit accepting the nomination of the candidate by any other political party, except
another major political party, or political principle by stating the name of the other political
party or political principle in three words or less.
new text end
Sec. 5.
Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
Subdivision 1.
Form of petition.
A nominating petition may consist of one or more
separate pages each of which shall state:
(a) the office sought;
(b) the candidate's name and residence address, including street and number if
any; and
(c) the candidate's political party or political principlenew text begin , or the political party or
political principle of the individual filing the nominating petition,new text end expressed in not more
than three words. No candidate who files for a partisan office by nominating petitionnew text begin
and no candidate who files an affidavit accepting a nomination by nominating petitionnew text end
shall use the term "nonpartisan" as a statement of political principle or the name of the
candidate's political party. No part of the name of a major political party may be used to
designate the political party or principle of a candidate who filesnew text begin or accepts the filingnew text end for a
partisan office by nominating petition, except that the word "independent" may be used
to designate the party or principle. A candidate who files by nominating petition to fill a
vacancy in nomination for a nonpartisan office pursuant to section 204B.13, shall not state
any political principle or the name of any political party on the petition.
Sec. 6.
Minnesota Statutes 2008, section 204C.21, subdivision 1, is amended to read:
Subdivision 1.
Method.
The election judges shall take all the ballots of the same
kind and count the votes cast for each office or question, beginning with the first office
or question on the ballot. They shall make one pile of the ballots for deleted text begin eachdeleted text end new text begin thenew text end candidate
deleted text begin whodeleted text end new text begin of each political party or political principle thatnew text end received votes for that office, or one
pile for the "Yes" votes and one pile for the "No" votes on a question. They shall make a
pile of totally defective ballots and a pile of totally blank ballots. They shall make a pile of
ballots that are not totally defective but are defective with respect to the office or question
being counted and a pile of ballots that are not totally blank but are blank with respect to
the office or question being counted. After the separation into piles, the election judges
shall examine each pile and remove and place in the proper pile any ballots that are found
in the wrong pile. The election judges shall count the totally blank and totally defective
ballots and set them aside until the counting is over for that ballot. The election judges
may pile ballots crosswise in groups of 25 in the same pile to facilitate counting. When
their counts agree, the election judges shall announce the number of ballots in each pile,
and shall write the number in the proper place on the summary statements.
The election judges shall then return all the counted ballots, and all the partially
defective or partially blank ballots, to the original pile to be separated and counted in the
same manner for the next office or question.
Sec. 7.
Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
Subdivision 1.
Information requirements.
Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:
(a) the number of votes each candidate received or the number of yes and no votes
on each question, the number of undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each office or question;
(b) the number of totally blank ballots, the number of totally defective ballots, the
number of spoiled ballots, and the number of unused ballots;
(c) the number of individuals who voted at the election in the precinct;
(d) the number of voters registering on election day in that precinct; and
(e) the signatures of the election judges who counted the ballots certifying that
all of the ballots cast were properly piled, checked, and counted; and that the numbers
entered by the election judges on the summary statements correctly show the number of
votes cast for each candidatenew text begin of each political party or political principlenew text end and for and
against each question.
At least two copies of the summary statement must be prepared for elections not
held on the same day as the state elections.
Sec. 8.
Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office on or before the seventh day following the state general election.
After taking the oath of office, the board shall promptly and publicly canvass the general
election returns delivered to the county auditor. Upon completion of the canvass, the board
shall promptly prepare and file with the county auditor a report which 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) the names of the candidates for each officenew text begin of each political party or political
principlenew text end and the number of votes received by each candidatenew text begin of each political party or
political principlenew text end in the county and in each precinct, including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallied;
(d) the number of votes counted for and against a proposed change of county lines
or county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate
for state or federal office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or
the county auditor may appoint additional election judges for this purpose. The county
auditor may open the envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must reseal the voted ballots
at the conclusion of this process.
Upon completion of the canvass, the county canvassing board shallnew text begin combine the
votes for the same candidate without regard to political party or political principle, andnew text end
declare the candidate duly elected who received the highest number of votes for each
county and state office voted for only within the 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.
Sec. 9.
Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
Subd. 3.
State canvass.
The State Canvassing Board shall meet at the secretary of
state's office on the second Tuesday following the state general election to canvass the
certified copies of the county canvassing board reports received from the county auditors
and shall prepare a report that states:
(a) the number of individuals voting in the state and in each county;
(b) the number of votes received by each of the candidatesnew text begin of each political party
or political principle, and the total number of votes received by each of the candidates
without regard to political party or political principlenew text end , specifying the counties in which
they were cast; and
(c) the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.
All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.
Sec. 10.
Minnesota Statutes 2008, section 204D.13, subdivision 2, is amended to read:
Subd. 2.
Order of political parties.
The first name printed for each partisan office
on the white ballot shall be that of the candidate of the major political party that received
the smallest average number of votes at the last state general election. The succeeding
names shall be those of the candidates of the other major political parties that received
a succeedingly higher average number of votes respectively. For the purposes of this
subdivision, the average number of votes of a major political party shall be computed by
dividing the total number of votes counted for all of the party's candidates for statewide
office at the state general election by the number of those candidates at the election.new text begin The
succeeding names shall be those of the remaining candidates for the office and their
political party or principle.
new text end