HF 930

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; providing for judicial 
  1.3             retention elections; providing for an instant runoff 
  1.4             election in state offices; providing for a vote for 
  1.5             "none of the above" in state offices; creating a 
  1.6             campaign jury; changing the dates of the party 
  1.7             caucuses and the state primary; providing for absentee 
  1.8             voting without qualification; creating a state fund 
  1.9             for the purchase of voting tabulation equipment; 
  1.10            appropriating money; amending Minnesota Statutes 2000, 
  1.11            sections 10A.31, by adding a subdivision; 202A.14, 
  1.12            subdivision 1; 203B.02, subdivision 1; 203B.04, 
  1.13            subdivision 1; 204B.06, subdivision 6, and by adding a 
  1.14            subdivision; 204B.09, subdivision 1; 204B.34, 
  1.15            subdivision 3; 204B.36, subdivisions 4 and 5; 204C.40, 
  1.16            by adding a subdivision; 204D.03, subdivision 1; and 
  1.17            204D.08, subdivision 6; proposing coding for new law 
  1.18            in Minnesota Statutes, chapters 10A and 204B. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                             ARTICLE 1
  1.21                    JUDICIAL RETENTION ELECTIONS
  1.22     Section 1.  Minnesota Statutes 2000, section 204B.06, 
  1.23  subdivision 6, is amended to read: 
  1.24     Subd. 6.  [JUDICIAL CANDIDATES; DESIGNATION OF TERM.] An 
  1.25  individual who files as a candidate for the office of chief 
  1.26  justice or associate justice of the supreme court, judge of the 
  1.27  court of appeals, or judge of the district court shall state in 
  1.28  the affidavit of candidacy the particular judicial office of the 
  1.29  particular justice or judge for which the individual is a 
  1.30  candidate.  The individual shall be a candidate only for the 
  1.31  office identified in the affidavit.  An individual may only file 
  1.32  for an office which is held by a person who was appointed but 
  2.1   never elected to that particular judicial office, or to which 
  2.2   the previously elected incumbent is not seeking to be returned.  
  2.3   Each justice of the supreme court and each court of appeals and 
  2.4   district court judge is deemed to hold a separate nonpartisan 
  2.5   office.  
  2.6      Sec. 2.  Minnesota Statutes 2000, section 204B.06, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 6a.  [JUDICIAL RETENTION AFFIDAVIT.] The chief 
  2.9   justice or an associate justice of the supreme court, or a judge 
  2.10  of the court of appeals or district court who desires to seek 
  2.11  election to the office currently occupied shall file, in the 
  2.12  year preceding expiration of the term of office, an affidavit 
  2.13  containing the information required in subdivisions 1 and 4, 
  2.14  clause (d) or (e), and a declaration that the justice or judge 
  2.15  desires to be returned to office.  If an incumbent justice or 
  2.16  judge who was previously elected to a full term of the current 
  2.17  judicial office files this declaration, the ballot for the 
  2.18  office must be in the form provided in section 204B.36, 
  2.19  subdivision 5.  If the incumbent does not file such a 
  2.20  declaration or if the incumbent is seeking election to the 
  2.21  current judicial office for the first time, the ballot must be 
  2.22  in the form provided in section 204B.36, subdivision 4. 
  2.23     Sec. 3.  Minnesota Statutes 2000, section 204B.34, 
  2.24  subdivision 3, is amended to read: 
  2.25     Subd. 3.  [JUDICIAL ELECTIONS.] When one or more justices 
  2.26  of the supreme court or judges of the court of appeals or of a 
  2.27  district court are to be nominated at the same primary or 
  2.28  elected at the same general election, the notice of election 
  2.29  shall state: 
  2.30     (1) the name of each previously elected incumbent justice 
  2.31  or judge whose successor is to be nominated or elected name will 
  2.32  be before the voters for retention in office; or 
  2.33     (2) if no previously elected incumbent is seeking 
  2.34  retention, the name of the judicial office to be filled and the 
  2.35  name of the appointed incumbent, if any.  
  2.36     Sec. 4.  Minnesota Statutes 2000, section 204B.36, 
  3.1   subdivision 4, is amended to read: 
  3.2      Subd. 4.  [JUDICIAL CANDIDATES; CONTESTED ELECTION.] The 
  3.3   official ballot shall contain the names of all candidates for 
  3.4   each judicial office to which no previously elected incumbent is 
  3.5   seeking to be returned and shall state the number of those 
  3.6   candidates for whom a voter may vote.  Each seat for an 
  3.7   associate justice, associate judge, or judge of the district 
  3.8   court must be numbered.  The title of each judicial office shall 
  3.9   be printed on the official primary and general election ballot 
  3.10  as follows:  
  3.11     (a) In the case of the supreme court:  
  3.12     "Chief justice - supreme court"; 
  3.13     "Associate justice (number) - supreme court" 
  3.14     (b) In the case of the court of appeals:  
  3.15     "Judge (number) - court of appeals"; or 
  3.16     (c) In the case of the district court:  
  3.17     "Judge (number) - (number) district court." 
  3.18     Sec. 5.  Minnesota Statutes 2000, section 204B.36, 
  3.19  subdivision 5, is amended to read: 
  3.20     Subd. 5.  [DESIGNATION OF BALLOT FOR PREVIOUSLY ELECTED 
  3.21  INCUMBENT; JUDICIAL OFFICES JUDGES.] If a previously elected 
  3.22  chief justice, associate justice, or judge is a candidate to 
  3.23  succeed again, the word "incumbent" shall be printed after that 
  3.24  judge's name as a candidate. that justice's or judge's name only 
  3.25  must be submitted to the voters on a ballot that reads: 
  3.26     "Shall Justice/Judge ..(name of justice/judge) of the 
  3.27  ...(name of court) be returned to office?  
  3.28                                     Yes .......
  3.29                                     No ........"
  3.30     Sec. 6.  Minnesota Statutes 2000, section 204C.40, is 
  3.31  amended by adding a subdivision to read: 
  3.32     Subd. 3.  [CERTIFICATE IN JUDICIAL ELECTIONS; PREVIOUSLY 
  3.33  ELECTED INCUMBENT.] In the case of an election for a judicial 
  3.34  office in which a previously elected incumbent is a candidate to 
  3.35  return to office, a certificate of election must be issued to 
  3.36  the incumbent if there are fewer "no" votes than "yes" votes on 
  4.1   the question of retention of the incumbent.  If the incumbent is 
  4.2   not returned to office, the secretary of state shall certify to 
  4.3   the governor that the incumbent was not returned to office and 
  4.4   that upon the expiration of the incumbent's term a vacancy will 
  4.5   exist in the office. 
  4.6      Sec. 7.  Minnesota Statutes 2000, section 204D.08, 
  4.7   subdivision 6, is amended to read: 
  4.8      Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
  4.9   The state and county nonpartisan primary ballot shall be headed 
  4.10  "State and County Nonpartisan Primary Ballot."  It shall be 
  4.11  printed on canary paper.  The names of candidates for nomination 
  4.12  to the supreme court, court of appeals, and district 
  4.13  court, judicial offices where a previously elected incumbent is 
  4.14  not seeking to be returned to office; the names of previously 
  4.15  elected incumbent judges seeking to be returned to office; and 
  4.16  all county offices shall be placed on this ballot.  
  4.17     No candidate whose name is placed on the state and county 
  4.18  nonpartisan primary ballot shall be designated or identified as 
  4.19  the candidate of any political party or in any other manner 
  4.20  except as expressly provided by law.  
  4.21     Sec. 8.  [EFFECTIVE DATE.] 
  4.22     Sections 1 to 7 are effective for elections to judicial 
  4.23  office at the general election in 2002 and thereafter. 
  4.24                             ARTICLE 2
  4.25                RUNOFF ELECTION; "NONE OF THE ABOVE"
  4.26     Section 1.  [204B.351] [INSTANT RUNOFF; NONE OF THE ABOVE.] 
  4.27     A voter may vote for up to two candidates for each office 
  4.28  at the state general election.  A voter who does so must 
  4.29  indicate which candidate for the office is the voter's first 
  4.30  choice and which is the voter's second choice.  The voter may 
  4.31  vote for "none of the above" as either the voter's first or 
  4.32  second choice.  
  4.33     The ballot at the state general election must list "none of 
  4.34  the above" as a candidate for each office to be voted on, in the 
  4.35  same manner as other candidates are listed for that office.  The 
  4.36  ballot must contain two columns after the name of each candidate 
  5.1   and after the listing for "none of the above."  The columns must 
  5.2   be labeled respectively "first choice" and "second choice." 
  5.3      If a candidate receives a majority of the votes that 
  5.4   indicate they are the voters' first choice for the office, that 
  5.5   candidate is elected to the office.  If no candidate receives a 
  5.6   majority of the first choice votes, every candidate who got 
  5.7   fewer votes than the two candidates who received the largest 
  5.8   number of votes must be eliminated from further consideration.  
  5.9   If "none of the above" received the largest or second largest 
  5.10  number of votes, "none of the above" remains in consideration as 
  5.11  a candidate.  The ballots that designated one of the remaining 
  5.12  candidates as the voters' second choice are then allocated as 
  5.13  directed on the ballot.  After this allocation, if one candidate 
  5.14  has received a majority of the votes, the candidate is elected 
  5.15  to the office.  If no candidate has a majority of the votes at 
  5.16  that point, or if a majority of the first and second choice 
  5.17  votes were cast for "none of the above," the canvassing board 
  5.18  must declare a vacancy in the office.  A new election must then 
  5.19  be held for the office 30 days after the report of the 
  5.20  canvassing board. 
  5.21                             ARTICLE 3
  5.22               STATE ASSISTANCE TO LOCAL GOVERNMENTS
  5.23     Section 1.  [204B.48] [REVOLVING LOAN FUND FOR VOTING 
  5.24  EQUIPMENT PURCHASES.] 
  5.25     A ballot tabulation equipment loan fund is created to make 
  5.26  loans to political subdivisions for the purchase of ballot 
  5.27  tabulation equipment.  The fund must be administered by the 
  5.28  commissioner of finance, who must set a maximum amount and 
  5.29  repayment period for loans from the fund. 
  5.30     A loan may not be made until the commissioner determines 
  5.31  that: 
  5.32     (1) the proposed use of the loan is related only to 
  5.33  purchase of ballot tabulation equipment; and 
  5.34     (2) the unit of local government has insufficient resources 
  5.35  available to purchase the equipment without a loan. 
  5.36     Interest is payable on the loan at the rate earned by the 
  6.1   state on invested treasurer's cash, as determined monthly by the 
  6.2   commissioner.  Repayments must be deposited in the fund created 
  6.3   under this section.  Investment gains or losses on money in the 
  6.4   fund must be credited to the account.  All money in the account 
  6.5   is appropriated to the secretary of state to make loans under 
  6.6   this section.  
  6.7      Sec. 2.  [DEMONSTRATION PROJECT; SECRET BALLOT TECHNOLOGY 
  6.8   FOR DISABLED VOTERS.] 
  6.9      A local unit of government may apply for a demonstration 
  6.10  grant from the department of finance for the purchase of 
  6.11  technology that allows voters with various kinds of disabilities 
  6.12  to cast a secret ballot.  The technology must be approved for 
  6.13  effectiveness by the secretary of state before the commissioner 
  6.14  awards a grant under this section. 
  6.15     Sec. 3.  [APPROPRIATION.] 
  6.16     (a) The sum of $....... is appropriated from the general 
  6.17  fund in fiscal year 2002 to the commissioner of finance to 
  6.18  capitalize the fund established under section 1. 
  6.19     (b) The sum of $....... is appropriated from the general 
  6.20  fund to the commissioner of finance for the purposes of section 
  6.21  2. 
  6.22                             ARTICLE 4
  6.23             CITIZEN PARTICIPATION; ELECTION SCHEDULING
  6.24     Section 1.  [10A.023] [CAMPAIGN JURY.] 
  6.25     Subdivision 1.  [CREATION.] The campaign jury is 
  6.26  established.  The secretary of state shall nominate the nine 
  6.27  members of the campaign jury with the advice and consent of the 
  6.28  senate and the house of representatives.  The nine members of 
  6.29  the campaign jury must be chosen to represent the demographic 
  6.30  and political diversity of the state.  The membership terms, 
  6.31  compensation, and removal of members of the campaign jury are 
  6.32  provided in section 15.0575.  The campaign jury expires January 
  6.33  1, 2011.  The campaign jury is located in the offices of the 
  6.34  campaign finance and public disclosure board and shall receive 
  6.35  staffing assistance from the board. 
  6.36     Subd. 2.  [PURPOSE; FUNCTION.] The campaign jury shall meet 
  7.1   in the two weeks prior to the state primary and the general 
  7.2   election to review political advertisements and literature used 
  7.3   in campaigns for the office of governor.  The jury shall 
  7.4   announce the results of its review and provide any additional 
  7.5   factual information it determines is necessary to provide 
  7.6   accurate information to the public.  During the week before the 
  7.7   primary and the week before the general election, the jury shall 
  7.8   convene a debate of the candidates for the office of governor 
  7.9   appearing on the ballot. 
  7.10     Sec. 2.  Minnesota Statutes 2000, section 10A.31, is 
  7.11  amended by adding a subdivision to read: 
  7.12     Subd. 13.  [DISTRIBUTION PROHIBITED.] No distribution shall 
  7.13  be made under subdivision 6 to a candidate for the office of 
  7.14  governor who failed to participate in the debate before the 
  7.15  primary sponsored by the campaign jury under section 10A.023.  
  7.16  No distribution shall be made under subdivision 7 to a candidate 
  7.17  for the office of governor who failed to participate in the 
  7.18  debate before the general election sponsored by the campaign 
  7.19  jury board under section 10A.023. 
  7.20     Sec. 3.  Minnesota Statutes 2000, section 202A.14, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  7.23  At 7:00 p.m. on the first Tuesday second Saturday in March April 
  7.24  in every state general election year there shall be held for 
  7.25  every election precinct a party caucus in the manner provided in 
  7.26  sections 202A.14 to 202A.19, except that in the event of severe 
  7.27  weather a major political party may request the secretary of 
  7.28  state to postpone caucuses.  If a major political party makes a 
  7.29  request, or upon the secretary of state's own initiative, after 
  7.30  consultation with all major political parties and on the advice 
  7.31  of the federal weather bureau and the department of 
  7.32  transportation, the secretary of state may declare precinct 
  7.33  caucuses to be postponed for a week in counties where weather 
  7.34  makes travel especially dangerous.  The secretary of state shall 
  7.35  submit a notice of the postponement to news media covering the 
  7.36  affected counties by 6:00 p.m. on the scheduled day of the 
  8.1   caucus.  A postponed caucus may also be postponed pursuant to 
  8.2   this subdivision. 
  8.3      Sec. 4.  Minnesota Statutes 2000, section 203B.02, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [UNABLE TO GO TO POLLING PLACE.] Any 
  8.6   eligible voter who reasonably expects to be unable to go to the 
  8.7   polling place on election day in the precinct where the 
  8.8   individual maintains residence because of absence from the 
  8.9   precinct, illness, disability, religious discipline, observance 
  8.10  of a religious holiday, or service as an election judge in 
  8.11  another precinct may vote by absentee ballot as provided in 
  8.12  sections 203B.04 to 203B.15. 
  8.13     Sec. 5.  Minnesota Statutes 2000, section 203B.04, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  8.16  otherwise allowed by subdivision 2, an application for absentee 
  8.17  ballots for any election may be submitted at any time not less 
  8.18  than one day before the day of that election.  The county 
  8.19  auditor shall prepare absentee ballot application forms in the 
  8.20  format provided in the rules of the secretary of state and shall 
  8.21  furnish them to any person on request.  An application submitted 
  8.22  pursuant to this subdivision shall be in writing and shall be 
  8.23  submitted to:  
  8.24     (a) the county auditor of the county where the applicant 
  8.25  maintains residence; or 
  8.26     (b) the municipal clerk of the municipality, or school 
  8.27  district if applicable, where the applicant maintains residence. 
  8.28     An application shall be approved if it is timely received, 
  8.29  signed and dated by the applicant, contains the applicant's name 
  8.30  and residence and mailing addresses, and states that the 
  8.31  applicant is eligible to vote by absentee ballot for one of the 
  8.32  reasons specified in section 203B.02.  The application may 
  8.33  contain a request for the voter's date of birth, which must not 
  8.34  be made available for public inspection.  An application may be 
  8.35  submitted to the county auditor or municipal clerk by an 
  8.36  electronic facsimile device, at the discretion of the auditor or 
  9.1   clerk.  An application mailed or returned in person to the 
  9.2   county auditor or municipal clerk on behalf of a voter by a 
  9.3   person other than the voter must be deposited in the mail or 
  9.4   returned in person to the county auditor or municipal clerk 
  9.5   within ten days after it has been dated by the voter and no 
  9.6   later than six days before the election.  The absentee ballot 
  9.7   applications or a list of persons applying for an absentee 
  9.8   ballot may not be made available for public inspection until the 
  9.9   close of voting on election day.  
  9.10     Sec. 6.  Minnesota Statutes 2000, section 204B.09, 
  9.11  subdivision 1, is amended to read: 
  9.12     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  9.13  ELECTIONS.] Except as otherwise provided by this subdivision, 
  9.14  affidavits of candidacy and nominating petitions for county, 
  9.15  state and federal offices filled at the state general election 
  9.16  shall be filed not more than 70 98 days nor less than 56 70 days 
  9.17  before the state primary.  The affidavit may be prepared and 
  9.18  signed at any time between 60 days before the filing period 
  9.19  opens and the last day of the filing period.  Notwithstanding 
  9.20  other law to the contrary, the affidavit of candidacy must be 
  9.21  signed in the presence of a notarial officer.  Candidates for 
  9.22  presidential electors may file petitions on or before the state 
  9.23  primary day.  Nominating petitions to fill vacancies in 
  9.24  nominations shall be filed as provided in section 204B.13.  No 
  9.25  affidavit or petition shall be accepted later than 5:00 p.m. on 
  9.26  the last day for filing.  Affidavits and petitions for offices 
  9.27  to be voted on in only one county shall be filed with the county 
  9.28  auditor of that county.  Affidavits and petitions for offices to 
  9.29  be voted on in more than one county shall be filed with the 
  9.30  secretary of state. 
  9.31     Sec. 7.  Minnesota Statutes 2000, section 204D.03, 
  9.32  subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
  9.34  held on the first Tuesday after the second Monday Saturday in 
  9.35  September August in each even-numbered year to select the 
  9.36  nominees of the major political parties for partisan offices and 
 10.1   the nominees for nonpartisan offices to be filled at the state 
 10.2   general election, other than presidential electors.