Minnesota Legislature
HF 1152
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am
Current Version - as introduced
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19
2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28
3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30
4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20
5.21 5.22 5.23 5.24
5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32
A bill for an act
relating to elections; changing certain provisions concerning vacancies in
nomination; amending Minnesota Statutes 2008, sections 203B.12, subdivision 2; 204B.04, subdivisions 2, 3; 204B.07, subdivision 1; 204B.09, subdivision 1; 204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions; repealing Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.41; 204D.169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:
Subd. 2.
Examination of return envelopes.
Two or more election judges shall
examine each return envelope and shall mark it accepted or rejected in the manner
provided in this subdivision. deleted text begin If a ballot has been prepared under section 204B.12,
subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes
from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
an absentee ballot board established under section 203B.13.
deleted text end
The election judges shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election judges or a majority
of them are satisfied that:
(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;
(2) the voter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota Rules, the
signature is not required to match;
(3) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and
(4) the voter has not already voted at that election, either in person or by absentee
ballot.
There is no other reason for rejecting an absentee ballot. In particular, failure to
place the ballot within the security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the
county auditor.
If all or a majority of the election judges examining return envelopes find that
an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
(4), they shall mark the return envelope "Rejected," initial or sign it below the word
"Rejected," and return it to the county auditor.
Sec. 2.
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 or nonpartisan office at a primary shall be nominated
for the same office by nominating petition, except as otherwise provided for partisan
offices in section 204D.10, subdivision 2deleted text begin , and for nonpartisan offices in section 204B.13,
subdivision 4deleted text end .
Sec. 3.
Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
Subd. 3.
Nomination for nonpartisan office.
No individual shall be nominated
by nominating petition for any nonpartisan office deleted text begin except in the event of a vacancy in
nomination as provided in section 204B.13deleted text end .
Sec. 4.
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 principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition 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 files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. deleted text begin 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.deleted text end
Sec. 5.
Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
Candidates in state and county general elections.
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. deleted text begin Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13.deleted text end No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
Sec. 6.
Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
Subd. 2.
Petition in place of filing fee.
At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 deleted text begin or 204B.13, subdivision 4,deleted text end is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.
The number of signatures on a petition in place of a filing fee shall be as follows:
(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;
(b) for a congressional office, 1,000;
(c) for a county or legislative office, or for the office of district judge, 500; and
(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.
An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.
Sec. 7.
Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
Death or withdrawal.
A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:
deleted text begin (a)deleted text end new text begin (1) new text end a major political party candidate deleted text begin or nonpartisan candidatedeleted text end who was nominated
at a primary dies deleted text begin or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2adeleted text end ; or
deleted text begin (b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or
files an affidavit of withdrawal as provided in section 204B.12, subdivision 1.deleted text end new text begin (2) a major
political party candidate for state constitutional office or the candidate's legal guardian
files an affidavit of vacancy at least one day prior to the general election with the same
official who received the affidavit of candidacy that states that:
new text end
new text begin
(i) the candidate has a catastrophic illness that was diagnosed after the deadline
for withdrawal; and
new text end
new text begin
(ii) the candidate's illness will permanently and continuously incapacitate the
candidate and prevent the candidate from performing the duties of the office sought.
new text end
new text begin
The affidavit must be accompanied by a certificate verifying that the candidate's
illness meets the requirements of this clause, signed by at least two licensed physicians.
new text end
Sec. 8.
Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
Subd. 2.
Partisan officedeleted text begin ; nomination by partydeleted text end .
(a) A vacancy in nomination deleted text begin for
partisan officedeleted text end shall deleted text begin be filled as provided in this subdivisiondeleted text end new text begin effectively remove that office
from the ballot. Votes cast at the general election for that office are invalid and the office
must be filled in a special election held in accordance with section 204D.17, except as
provided by this sectionnew text end .
new text begin
Except for the vacancy in nomination, all other candidates whose names would have
appeared on the general election ballot for this race must appear on the special election
ballot for this race. There must not be a primary to fill the vacancy in nomination.
new text end
A major political party has the authority to fill a vacancy in nomination of that
party's candidate by filing a nomination certificate with the same official who received
the affidavits of candidacy for that office.
(b) A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for all new text begin federal
and state new text end offices deleted text begin elected statewidedeleted text end . The nomination certificate shall be prepared under the
direction of and executed by the chair and secretary of the political party and filed within
seven days after the vacancy in nomination occurs deleted text begin or before the 14th day before the
general election, whichever is sooner. If the vacancy in nomination occurs through the
candidate's death or catastrophic illness, the nomination certificate must be filed within
seven days after the vacancy in nomination occurs but no later than four days before
the general electiondeleted text end . The chair and secretary when filing the certificate 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.
Sec. 9.
Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Date of special election. new text end
new text begin
The special election must be held on the second
Tuesday in December.
new text end
Sec. 10.
Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin Absentee voters. new text end
new text begin
All applicants for absentee ballots for the general
election must be sent ballots for the special election, without submission of a new absentee
ballot application.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
4, 5, and 6; 204B.41; and 204D.169,
new text end
new text begin
are repealed.
new text end