Minnesota Legislature
HF 1158
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am
Current Version - as introduced
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A bill for an act
relating to elections; permitting fusion candidacies; changing requirements and
procedures accordingly; authorizing rulemaking; amending Minnesota Statutes
2008, sections 204B.03; 204B.04; 204B.06, subdivision 1; 204B.07, subdivision
1; 204B.36, subdivision 2; 204C.21, subdivision 1; 204C.24, subdivision 1;
204C.33, subdivisions 1, 3; 204D.12.
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 A candidate for a partisan office may only accept the
nomination of a political party other than the candidate's political party, or designation on
the ballot under the name of a political party that is not the candidate's political party, if
that nomination was made by nominating petition as provided in sections 204B.07 and
204B.08. Except for presidential elector candidates, a candidate who wishes to accept
the nomination or designation of more than one political party must file an affidavit of
candidacy as provided in section 204B.06.
new text end
Sec. 2.
Minnesota Statutes 2008, section 204B.04, is amended to read:
204B.04 CANDIDACY; PROHIBITIONS.
Subdivision 1.
Major party candidates.
No individual shall be named on any ballot
as the candidate of more than one major political partynew text begin , except as provided in subdivision
4new 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 electionnew text begin , except as provided in subdivision 4new text end .
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 officesnew text begin in
subdivision 4 andnew text end in section 204D.10, subdivision 2, and for nonpartisan offices in section
204B.13, subdivision 4.
Subd. 3.
Nomination for nonpartisan office.
No individual shall be nominated
by nominating petition for any nonpartisan office except in the event of a vacancy in
nomination as provided in section 204B.13.
new text begin Subd. 4. new text end
new text begin Simultaneous nominations. new text end
new text begin
An individual may be named on a ballot as a
candidate of more than one political party if each of the parties nominating the candidate
had a candidate appear on the ballot in the last general election for that office. A candidate
may not submit a nominating petition on the candidate's own behalf seeking placement on
the ballot under multiple party designations without the consent of the party or parties that
are not the candidate's primary political party.
new text end
Sec. 3.
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 thatnew text begin (i)new text end 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; andnew text begin (ii) a candidate who wishes to
accept the simultaneous nomination of a political party other than the candidate's political
party may do so by indicating the name of all parties for which the candidate accepts
nomination through a party's nomination petition, and all parties for which the candidate
seeks nomination through a primary; and
new text end
(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 candidate of a political party may file a
supplemental affidavit accepting the nomination of the candidate by petition by any other
political party if the candidate was unprepared to accept another party's nomination at the
time of initial filing of the affidavit.
new 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:
deleted text begin (a)deleted text end new text begin (1)new text end the office sought;
deleted text begin (b)deleted text end new text begin (2)new text end the candidate's name and residence address, including street and number if
any; deleted text begin and
deleted text end
deleted text begin (c)deleted text end new text begin (3)new text end the candidate's political party or political principlenew text begin , or the political party 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 or designation 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 files new text begin or accepts the filing new 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 petitiondeleted text begin .deleted text end new text begin ; andnew text end
new text begin
(4) if a candidate is filing a petition on the candidate's own behalf seeking placement
on the ballot under multiple party designations, that the candidate has the consent of
the party named in the petition.
new text end
Sec. 5.
Minnesota Statutes 2008, section 204B.36, subdivision 2, is amended to read:
Subd. 2.
Candidates and offices.
The name of each candidate shall be printed at a
right angle to the length of the ballot. At a general election the name of the political party
or the political principle of each candidate for partisan office shall be printed above or
below the name of the candidate. The name of a political party or a political principle
shall be printed in capital and lowercase letters of the same type, with the capital letters at
least one-half the height of the capital letters used for names of the candidates.new text begin The name
of a candidate who is the nominee of more than one political party must be printed on the
ballot separately for each party.new text end At a general election, blank lines containing the words
"write-in, if any" shall be printed below the name of the last candidate for each office, or
below the title of the office if no candidate has filed for that office, so that a voter may
write in the names of individuals whose names are not on the ballot. One blank line shall
be printed for each officer of that kind to be elected. At a primary election, no blank lines
shall be provided for writing in the names of individuals whose names do not appear on
the primary ballot.
On the left side of the ballot at the same level with the name of each candidate and
each blank line shall be printed a square in which the voter may designate a vote by a
mark (X). Each square shall be the same size. Above the first name on each ballot shall
be printed the words, "Put an (X) in the square opposite the name of each candidate you
wish to vote for." At the same level with these words and directly above the squares shall
be printed a small arrow pointing downward. Directly underneath the official title of
each office shall be printed the words "Vote for one" or "Vote for up to ..." (any greater
number to be elected).
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 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.new text begin If a candidate is the nominee of more than
one party, a pile must be created for each party for which the candidate received votes.new text end
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:
deleted text begin (a)deleted text end new text begin (1)new text end 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;
deleted text begin (b)deleted text end new text begin (2)new text end the number of totally blank ballots, the number of totally defective ballots,
the number of spoiled ballots, and the number of unused ballots;
deleted text begin (c)deleted text end new text begin (3)new text end the number of individuals who voted at the election in the precinct;
deleted text begin (d)deleted text end new text begin (4)new text end the number of voters registering on election day in that precinct; and
deleted text begin (e)deleted text end new text begin (5)new text end 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 candidate new text begin of each political party new 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:
deleted text begin (a)deleted text end new text begin (1)new text end the number of individuals voting at the election in the county and in each
precinct;
deleted text begin (b)deleted text end new text begin (2)new text end the number of individuals registering to vote on election day and the number
of individuals registered before election day in each precinct;
deleted text begin (c)deleted text end new text begin (3)new text end the names of the candidates new text begin of each political party new text end for each office and the
number of votes received by deleted text begin eachdeleted text end new text begin thenew text end candidatenew text begin of each political party new 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;
deleted text begin (d)deleted text end new text begin (4)new text end the number of votes counted for and against a proposed change of county
lines or county seat; and
deleted text begin (e)deleted text end new text begin (5)new text end 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 shall new text begin combine the
votes for the same candidate without regard to political party, and new 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:
deleted text begin (a)deleted text end new text begin (1)new text end the number of individuals voting in the state and in each county;
deleted text begin (b)deleted text end new text begin (2)new text end the number of votes received by each of the candidatesnew text begin of each political party
and the total number of votes received by each of the candidates without regard to political
partynew text end , specifying the counties in which they were cast; and
deleted text begin (c)deleted text end new text begin (3)new text end 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.12, is amended to read:
204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.
Without payment of an additional fee, the county auditor shall place on the
appropriate state general election ballot the name of every candidate:
deleted text begin (a)deleted text end new text begin (1)new text end whose nomination at the state primary has been certified by the appropriate
canvassing board;
deleted text begin (b)deleted text end new text begin (2)new text end who has been nominated by petition, including candidates certified by the
secretary of state; and
deleted text begin (c)deleted text end new text begin (3)new text end who was nominated and whose name was omitted from the state nonpartisan
primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly
nominated candidates may be placed on a ballot.
new text begin
A candidate who is the nominee of more than one political party must be listed on
the ballot with a separate designation for each party.
new text end
Sec. 11. new text begin RULES.
new text end
new text begin
The secretary of state may adopt any rules necessary to facilitate implementation
of sections 1 to 10.
new text end