Minnesota Legislature
HF 1214
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to elections; clarifying certain language; 1.3 changing certain requirements and procedures; amending 1.4 Minnesota Statutes 2000, sections 201.022; 201.091, 1.5 subdivision 4; 202A.19, subdivision 1; 203B.04, 1.6 subdivision 5; 203B.06, by adding a subdivision; 1.7 203B.11, by adding a subdivision; 204B.06, subdivision 1.8 1; 204B.07, subdivision 2; 204B.09, subdivisions 1 and 1.9 3; 204B.20; 204B.21, subdivision 1; 204B.22, 1.10 subdivision 1; 204B.23; 204B.28, subdivision 1; 1.11 204B.45, subdivision 2; 204B.46; 204C.03, subdivision 1.12 1; 204D.24, subdivision 2; 205.02, subdivision 1; 1.13 205.185, subdivisions 2 and 3; 205A.02; 205A.11, 1.14 subdivision 2; 211A.02, subdivisions 1 and 4; 358.10; 1.15 and 367.03, subdivision 6; proposing coding for new 1.16 law in Minnesota Statutes, chapters 200 and 201; 1.17 repealing Minnesota Statutes 2000, section 204B.06, 1.18 subdivision 1a. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. [200.039] [PETITION REQUIREMENTS FOR BALLOT 1.21 QUESTIONS.] 1.22 If a statute: 1.23 (1) provides that a ballot question may or must be placed 1.24 on the ballot when a specified number of individuals have signed 1.25 a petition, and 1.26 (2) specifies the number of individuals required under the 1.27 statute as a percentage of the individuals who voted in a 1.28 previous election, 1.29 the statute must be construed to mean that the petition must be 1.30 signed by a number of current voters equal to the required 1.31 percentage specified in the statute. The statute must not be 1.32 construed to restrict the eligibility to sign the petition to 2.1 only those individuals who were eligible to cast ballots or who 2.2 did cast ballots in the previous election. 2.3 Sec. 2. Minnesota Statutes 2000, section 201.022, is 2.4 amended to read: 2.5 201.022 [STATEWIDE REGISTRATION SYSTEM.] 2.6 Subdivision 1. [ESTABLISHMENT.] The secretary of state 2.7 shalldevelop and implementmaintain a statewide voter 2.8 registration system to facilitate voter registration and to 2.9 provide a central database containing voter registration 2.10 information from around the state. The system must be 2.11 accessible to the county auditor of each county in the state. 2.12 Subd. 2. [RULES.] The secretary of state shall make 2.13 permanent rules necessary to administer the system required in 2.14 subdivision 1. The rules must at least: 2.15 (1) provide for voters to submit their registration to any 2.16 county auditor, the secretary of state, or the department of 2.17 public safety; 2.18 (2) provide for the establishment and maintenance of a 2.19 central database for all voter registration information; 2.20 (3) provide procedures for entering data into the statewide 2.21 registration system; 2.22 (4) provide for interaction with the computerized driver's 2.23 license records of the department of public safety; 2.24 (5) allow the offices of all county auditors and the 2.25 secretary of state to add, modify, and delete information from 2.26 the system to provide for accurate and up-to-date records; 2.27 (6) allow the offices of all county auditors and the 2.28 secretary of state's office to have access to the statewide 2.29 registration system for review and search capabilities; 2.30 (7) provide security and protection of all information in 2.31 the statewide registration system and to ensure that 2.32 unauthorized entry is not allowed; 2.33 (8) provide a system for each county to identify the 2.34 precinct to which a voter should be assigned for voting 2.35 purposes; and 2.36 (9)prescribe a procedure for phasing in or converting3.1existing computerized records to the statewide registration3.2system;3.3(10)prescribe a procedure for the return of completed 3.4 voter registration forms from the department of public safety to 3.5 the secretary of state or the county auditor; and. 3.6(11) provide alternate procedures, effective until December3.731, 1990, for updating voter records and producing polling place3.8rosters for counties. The secretary of state shall determine no3.9later than June 1, 1990, whether these alternate procedures will3.10be required.3.11 Sec. 3. Minnesota Statutes 2000, section 201.091, 3.12 subdivision 4, is amended to read: 3.13 Subd. 4. [PUBLIC INFORMATION LISTS.] (a) The county 3.14 auditor shall make available for inspection a public information 3.15 list which must contain the name, address, year of birth, and 3.16 voting history of each registered voter in the county. The 3.17 telephone number must be included on the list if provided by the 3.18 voter. The public information list may also include information 3.19 on voting districts. The county auditor may adopt reasonable 3.20 rules governing access to the list. 3.21 (b) No individual inspecting the public information list 3.22 shall tamper with or alter it in any manner. No individual who 3.23 inspects the public information list or who acquires a list of 3.24 registered voters prepared from the public information list may 3.25 use any information contained in the list for purposes unrelated 3.26 to elections, political activities, or law enforcement. The 3.27 secretary of state may provide copies of the public information 3.28 lists and other information from the statewide registration 3.29 system for uses related to elections, political activities, or 3.30 in response to a law enforcement inquiry from a public official 3.31 concerning a failure to comply with any criminal statute or any 3.32 state or local tax statute. 3.33 (c) Before inspecting the public information list or 3.34 obtaining a list of voters or other information from the list, 3.35 the individual shall provide identification to the public 3.36 official having custody of the public information list and shall 4.1 state in writing that any information obtained from the list 4.2 will not be used for purposes unrelated to elections, political 4.3 activities, or law enforcement. Requests to examine or obtain 4.4 information from the public information lists or the statewide 4.5 registration system must be made and processed in the manner 4.6 provided in the rules of the secretary of state. 4.7 (d) Upon receipt of a written request and a copy of the 4.8 court order, the secretary of state may withhold from the public 4.9 information list the name of any registered voter placed under 4.10 court-ordered protection. 4.11 (e) The inspection and copying of a roster signed by voters 4.12 at a precinct on election day must be conducted in the same 4.13 manner as the inspection and copying of a public information 4.14 list under this section. 4.15 Sec. 4. [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 4.16 If a political subdivision conducts an election at which a 4.17 vacant office is to be filled or a ballot question is to be 4.18 voted upon by the voters of the political subdivision, the 4.19 county auditor must file a notice with the secretary of state 4.20 immediately after the notice of the election is filed with the 4.21 auditor under section 205.16, subdivision 4, or 205A.07, 4.22 subdivision 3, or notice of the election is filed with the 4.23 county auditor by any political subdivision other than a 4.24 municipality or school district. The notice must set forth the 4.25 name of the political subdivision, the date of the election, the 4.26 vacant offices to be filled, or the text of the ballot question 4.27 as the question will appear on the ballot. 4.28 [EFFECTIVE DATE.] This section is effective July 1, 2001. 4.29 Sec. 5. Minnesota Statutes 2000, section 202A.19, 4.30 subdivision 1, is amended to read: 4.31 Subdivision 1. [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 4.32 No special taxing district governing body, school board, county 4.33 board of commissioners, township board, or city council may 4.34 conduct a meeting after 6:00 p.m. on the day of a major 4.35 political party precinct caucus. As used in this subdivision, 4.36 "special taxing district" has the meaning given in section 5.1 275.066. 5.2 Sec. 6. Minnesota Statutes 2000, section 203B.04, 5.3 subdivision 5, is amended to read: 5.4 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 5.5 eligible voter who reasonably expects to be permanently unable 5.6 to go to the polling place on election day because of illness or 5.7 disability may apply to a county auditor or municipal clerk 5.8 under this section to automatically receive an absentee ballot 5.9 application before each election, other than an election by mail 5.10 conducted under section 204B.45, and to have the status as a 5.11 permanent absentee voter indicated on the voter's registration 5.12 record. 5.13 (b) The secretary of state shall adopt rules governing 5.14 procedures under this subdivision. 5.15 Sec. 7. Minnesota Statutes 2000, section 203B.06, is 5.16 amended by adding a subdivision to read: 5.17 Subd. 3a. [UNOFFICIAL BALLOTS.] If no official ballots are 5.18 ready at the time absentee balloting is scheduled to begin or 5.19 the supply is exhausted before absentee balloting ends, the 5.20 county auditor or municipal clerk shall prepare unofficial 5.21 ballots, printed or written as nearly as practicable in the form 5.22 of the official ballots. These ballots may be used until the 5.23 official ballots are available. 5.24 Sec. 8. Minnesota Statutes 2000, section 203B.11, is 5.25 amended by adding a subdivision to read: 5.26 Subd. 5. [RULES.] The secretary of state shall adopt rules 5.27 governing election day procedures under this section so that 5.28 voters in health care facilities have privacy while voting. 5.29 Sec. 9. Minnesota Statutes 2000, section 204B.06, 5.30 subdivision 1, is amended to read: 5.31 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 5.32 candidacy shall state the name of the office sought and shall 5.33 state that the candidate: 5.34(a)(1) is an eligible voter; 5.35(b)(2) has no other affidavit on file as a candidate for 5.36 any office at the same primary or next ensuing general election, 6.1 except that a candidate for soil and water conservation district 6.2 supervisor in a district not located in whole or in part in 6.3 Anoka, Hennepin, Ramsey, or Washington county, may also have on 6.4 file an affidavit of candidacy for mayor or council member of a 6.5 statutory or home rule charter city of not more than 2,500 6.6 population contained in whole or in part in the soil and water 6.7 conservation district or for town supervisor in a town of not 6.8 more than 2,500 population contained in whole or in part in the 6.9 soil and water conservation district; and 6.10(c)(3) is, or will be on assuming the office, 21 years of 6.11 age or more, and will have maintained residence in the district 6.12 from which the candidate seeks election for 30 days before the 6.13 general election. 6.14 An affidavit of candidacy must include a statement that the 6.15 candidate's name as written on the affidavit for ballot 6.16 designation is the candidate's true name or the name by which 6.17 the candidate is commonly and generally known in the community. 6.18 An affidavit of candidacy for partisan office shall also 6.19 state the name of the candidate's political party or political 6.20 principle, stated in three words or less. 6.21 (b) This subdivision does not apply to a candidate for 6.22 president or vice-president of the United States. 6.23 Sec. 10. Minnesota Statutes 2000, section 204B.07, 6.24 subdivision 2, is amended to read: 6.25 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 6.26 petitions nominating presidential electors, the names of the 6.27 candidates for president and vice-president shall be added to 6.28 the political party or political principle stated on the 6.29 petition. One petition may be filed to nominate a slate of 6.30 presidential electors equal in number to the number of electors 6.31 to which the state is entitled. This subdivision does not apply 6.32 to candidates for presidential elector nominated by major 6.33 political parties. Major party candidates for presidential 6.34 elector are certified under section 208.03. 6.35 Sec. 11. Minnesota Statutes 2000, section 204B.09, 6.36 subdivision 1, is amended to read: 7.1 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 7.2 ELECTIONS.] (a) Except as otherwise provided by this 7.3 subdivision, affidavits of candidacy and nominating petitions 7.4 for county, state, and federal offices filled at the state 7.5 general election shall be filed not more than 70 days nor less 7.6 than 56 days before the state primary. The affidavit may be 7.7 prepared and signed at any time between 60 days before the 7.8 filing period opens and the last day of the filing period. 7.9 (b) Notwithstanding other law to the contrary, the 7.10 affidavit of candidacy must be signed in the presence of a 7.11 notarial officer or an individual authorized to administer oaths 7.12 under section 358.10. 7.13 (c) This provision does not apply to candidates for 7.14 presidential elector nominated by major political parties. 7.15 Major party candidates for presidential elector are certified 7.16 under section 208.03. Other candidates for presidential 7.17 electors may file petitions on or before the state primary day. 7.18 Nominating petitions to fill vacancies in nominations shall be 7.19 filed as provided in section 204B.13. No affidavit or petition 7.20 shall be accepted later than 5:00 p.m. on the last day for 7.21 filing. 7.22 (d) Affidavits and petitions for offices to be voted on in 7.23 only one county shall be filed with the county auditor of that 7.24 county. Affidavits and petitions for offices to be voted on in 7.25 more than one county shall be filed with the secretary of state. 7.26 Sec. 12. Minnesota Statutes 2000, section 204B.09, 7.27 subdivision 3, is amended to read: 7.28 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 7.29 or federal office who wants write-in votes for the candidate to 7.30 be counted must file a written request with the filing office 7.31 for the office sought no later than the day before the general 7.32 election. The filing officer shall provide copies of the form 7.33 to make the request. 7.34 (b) A candidate for president of the United States who 7.35 files a request under this subdivision must include the name of 7.36 a candidate for vice-president of the United States. The 8.1 request must also include the name of at least one candidate for 8.2 presidential elector. The total number of names of candidates 8.3 for presidential elector on the request may not exceed the total 8.4 number of electoral votes to be cast by Minnesota in the 8.5 presidential election. 8.6 (c) A candidate for governor who files a request under this 8.7 subdivision must include the name of a candidate for lieutenant 8.8 governor. 8.9 Sec. 13. Minnesota Statutes 2000, section 204B.20, is 8.10 amended to read: 8.11 204B.20 [ELECTION BOARD;CHAIRHEAD ELECTION JUDGE; 8.12 DUTIES.] 8.13 The election judges appointed to serve in an election 8.14 precinct shall constitute the election board for that precinct. 8.15 The appointing authority shall designate one of the election 8.16 judges in each precinct to serve as thechair of the election8.17boardhead election judge. Thechairhead election judge shall 8.18 assign specific duties to the election judges of that precinct 8.19 as necessary or convenient to complete forms, obtain signatures, 8.20 and perform all the other duties required of election judges. 8.21 Sec. 14. Minnesota Statutes 2000, section 204B.21, 8.22 subdivision 1, is amended to read: 8.23 Subdivision 1. [APPOINTMENT LISTS; DUTIES OF POLITICAL 8.24 PARTIES AND COUNTY AUDITOR.] On July 1 in a year in which there 8.25 is an election for a partisan political office, the county or 8.26 legislative district chairs of each major political party, 8.27 whichever is designated by the state party, shall prepare a list 8.28 of eligible voters to act as election judges in each election 8.29 precinct in the county or legislative district. The chairs 8.30 shall furnish the lists to the county auditor of the county in 8.31 which the precinct is located. 8.32 By July 15, the county auditor shall furnish to the 8.33 appointing authorities a list of the appropriate names for each 8.34 election precinct in the jurisdiction of the appointing 8.35 authority. Separate lists shall be submitted by the county 8.36 auditor for each major political party. 9.1 By December 15, the county auditor shall send each chair 9.2 who furnished a list to the county auditor under this 9.3 subdivision a complete list of the names and addresses of each 9.4 person who served as an election judge claiming affiliation with 9.5 that chair's political party. 9.6 Sec. 15. Minnesota Statutes 2000, section 204B.22, 9.7 subdivision 1, is amended to read: 9.8 Subdivision 1. [MINIMUM NUMBER REQUIRED.] (a) A minimum of 9.9 three election judges shall be appointed for each precinct. In 9.10 a combined polling place under section 204B.14, subdivision 2, 9.11 at least one judge must be appointed from each municipality in 9.12 the combined polling place, provided that not less than three 9.13 judges shall be appointed for each combined polling place. The 9.14 appointing authorities may appoint election judges for any 9.15 precinct in addition to the number required by this subdivision 9.16 including additional election judges to count ballots after 9.17 voting has ended. 9.18 (b) An election judge may serve for all or part of election 9.19 day, at the discretion of the appointing authority, as long as 9.20 the minimum number of judges required is always present. The 9.21 head election judge designated under section 204B.20 must serve 9.22 for all of election day and be present in the polling place 9.23 unless another election judge has been designated by the head 9.24 election judge to perform the functions of the head election 9.25 judge during any absence. 9.26 Sec. 16. Minnesota Statutes 2000, section 204B.23, is 9.27 amended to read: 9.28 204B.23 [VACANCIES AMONG ELECTION JUDGES.] 9.29 A vacancy on an election board occurs when any election 9.30 judge who is a member of that board: 9.31 (a) Fails to arrive at the polling place within 30 minutes 9.32 after the time when the polling place is scheduled to open; 9.33 (b) Becomes unable to perform the duties of the office 9.34 after assuming those duties; or 9.35 (c) For any reason fails or refuses to perform the duties 9.36 of the office as assigned by thechair of the election board10.1 head election judge. 10.2 When a vacancy occurs, the remaining election judges of the 10.3 precinct shall elect an individual to fill the vacancy subject 10.4 to the provisions of section 204B.19. When possible the 10.5 election judges shall elect individuals who have been trained as 10.6 election judges pursuant to section 204B.25. The oath signed by 10.7 the new election judge shall indicate that the new election 10.8 judge was elected to fill a vacancy. The municipal clerk may 10.9 assign election judges to fill vacancies as they occur. 10.10 Sec. 17. Minnesota Statutes 2000, section 204B.28, 10.11 subdivision 1, is amended to read: 10.12 Subdivision 1. [MEETING WITH ELECTION OFFICIALS.] At least 10.13 12 weeks before each regularly scheduled general election, each 10.14 county auditor shall conduct a meeting with local election 10.15 officials to review the procedures for the election. The county 10.16 auditor may require thechairs of the election boardshead 10.17 election judges in the county to attend this meeting. 10.18 Sec. 18. Minnesota Statutes 2000, section 204B.45, 10.19 subdivision 2, is amended to read: 10.20 Subd. 2. [PROCEDURE.] (a) The deadline established under 10.21 section 204B.16, subdivision 3, for designating a new or 10.22 different polling place applies to an election described by this 10.23 subdivision. 10.24 (b) Notice of the election and the special mail procedure 10.25 must be given at least six weeks prior to the election. No 10.26 earlier than 20 days or later than 14 days prior to the 10.27 election, the auditor shall mail ballots by nonforwardable mail 10.28 to all voters registered in the town or unorganized territory. 10.29 (c) Eligible voters not registered at the time the ballots 10.30 are mailed may apply for ballots as provided in chapter 203B. 10.31 (d) Ballot return envelopes, with return postage provided, 10.32 must be preaddressed to the auditor or clerk and the voter may 10.33 return the ballot by mail or in person to the office of the 10.34 auditor or clerk. The costs of the mailing shall be paid by the 10.35 election jurisdiction in which the voter resides. 10.36 (e) Any ballot received by 8:00 p.m. on the day of the 11.1 election must be counted. 11.2 Sec. 19. Minnesota Statutes 2000, section 204B.46, is 11.3 amended to read: 11.4 204B.46 [MAIL ELECTIONS; QUESTIONS.] 11.5 A county, municipality, or school district submitting 11.6 questions to the voters at a special election may apply to the 11.7 county auditor for approval of an election by mail with no 11.8 polling place other than the office of the auditor or clerk. No 11.9 more than two questions may be submitted at a mail election and 11.10 no offices may be voted on. The deadline established under 11.11 section 204B.16, subdivision 3, for designating a new or 11.12 different polling place applies to an election described by this 11.13 section. Notice of the election and the special mail procedure 11.14 must be given at least six weeks prior to the election. No 11.15 earlier than 20 or later than 14 days prior to the election, the 11.16 auditor or clerk shall mail ballots by nonforwardable mail to 11.17 all voters registered in the county, municipality, or school 11.18 district. Eligible voters not registered at the time the 11.19 ballots are mailed may apply for ballots pursuant to chapter 11.20 203B. 11.21 Sec. 20. Minnesota Statutes 2000, section 204C.03, 11.22 subdivision 1, is amended to read: 11.23 Subdivision 1. [SCHOOL DISTRICTS; COUNTIES; 11.24 MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 11.25 district governing body, school board, county board of 11.26 commissioners, city council, or town board of supervisors shall 11.27 conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 11.28 that an election is held within the boundaries of the special 11.29 taxing district, school district, county, city, or town. As 11.30 used in this subdivision, "special taxing district" has the 11.31 meaning given in section 275.066. 11.32 Sec. 21. Minnesota Statutes 2000, section 204D.24, 11.33 subdivision 2, is amended to read: 11.34 Subd. 2. [VOTER REGISTRATION.] An individual may register 11.35 to vote at a special primary or special election at any time 11.36 before the day that the polling place rosters for the special 12.1 primary or special election are prepared by the secretary of 12.2 state. The secretary of state shall provide the county auditors 12.3 with notice of this date at least seven days before the printing 12.4 of the rosters. This subdivision does not apply to a special 12.5 election held on the same day as thepresidential primary,state 12.6 primary, state general election, or the regularly scheduled 12.7 primary or general election of a municipality, school district, 12.8 or special district. 12.9 Sec. 22. Minnesota Statutes 2000, section 205.02, 12.10 subdivision 1, is amended to read: 12.11 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as 12.12 provided in this chapter or otherwise expressly provided by law, 12.13 the provisions of the Minnesota Election Law apply to municipal 12.14 elections, so far as practicable. 12.15 Sec. 23. Minnesota Statutes 2000, section 205.185, 12.16 subdivision 2, is amended to read: 12.17 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 12.18 be by secret ballot and shall be held and the returns made in 12.19 the manner provided for the state general election,so far as12.20practicableexcept as otherwise expressly provided by law. 12.21 Sec. 24. Minnesota Statutes 2000, section 205.185, 12.22 subdivision 3, is amended to read: 12.23 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 12.24 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 12.25 the governing body of a city conducting any election or the 12.26 governing body of a town conducting the general election in 12.27 November shall canvass the returns and declare the results of 12.28 the election. The governing body of a town conducting the 12.29 general election in March shall canvass the returns and declare 12.30 the results of the election within two days after an election. 12.31 (b) After the time for contesting elections has passed, the 12.32 municipal clerk shall issue a certificate of election to each 12.33 successful candidate. In case of a contest, the certificate 12.34 shall not be issued until the outcome of the contest has been 12.35 determined by the proper court. 12.36 (c) In case of a tie vote, the governing body shall 13.1 determine the result by lot. The clerk shall certify the results 13.2 of the election to the county auditor, and the clerk shall be 13.3 the final custodian of the ballots and the returns of the 13.4 election. 13.5 Sec. 25. Minnesota Statutes 2000, section 205A.02, is 13.6 amended to read: 13.7 205A.02 [ELECTION LAW APPLICABLE.] 13.8 Except as provided in this chapter or otherwise expressly 13.9 provided by law, the Minnesota Election Law applies to school 13.10 district elections, as far as practicable. Elections in common 13.11 school districts shall be governed by section 123B.94. 13.12 Sec. 26. Minnesota Statutes 2000, section 205A.11, 13.13 subdivision 2, is amended to read: 13.14 Subd. 2. [COMBINED POLLING PLACE.] When no other election 13.15 is being held in two or more precincts on the day of a school 13.16 district election, the school board may designate one or more 13.17 combined polling places at which the voters in those precincts 13.18 may vote in the school district election. The deadline 13.19 established under section 204B.16, subdivision 3, for 13.20 designating a new or different polling place applies to an 13.21 election described by this subdivision. 13.22 Sec. 27. Minnesota Statutes 2000, section 211A.02, 13.23 subdivision 1, is amended to read: 13.24 Subdivision 1. [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 13.25 committee or a candidate who receives contributions or makes 13.26 disbursements of more than $750 in a calendar year shall submit 13.27 an initial report to the filing officer within 14 days after the 13.28 candidate or committee receives or makes disbursements of more 13.29 than $750 and shall continue to make the reports listed 13.30 inparagraphparagraphs (b) and (c) until a final report is 13.31 filed. 13.32 (b) The committee or candidate must file a report by 13.33 January 31 of each year following the year when the initial 13.34 report was filedand. 13.35 (c) In a year when the candidate's name or a ballot 13.36 question appears on the ballot, the candidate or committee shall 14.1 file a report: 14.2 (1) ten days before the primary or special primary; 14.3 (2) ten days before the general election or special 14.4 election; and 14.5 (3) 30 days after a general or special election. 14.6 Sec. 28. Minnesota Statutes 2000, section 211A.02, 14.7 subdivision 4, is amended to read: 14.8 Subd. 4. [CONGRESSIONAL CANDIDATES.] Candidates for 14.9 election to the United States House of Representatives or Senate 14.10 and any political committees raising money and making 14.11 disbursements exclusively on behalf of any one of those 14.12 candidates may file copies of their financial disclosures 14.13 required by federal law in lieu of the financial statement 14.14 required by this section. A candidate or committee whose report 14.15 is published on the Federal Election Commission Web site has 14.16 complied with the filing requirements of this section. 14.17 Sec. 29. Minnesota Statutes 2000, section 358.10, is 14.18 amended to read: 14.19 358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 14.20 (a) All persons holding office under any law of this state, 14.21 or under the charter or ordinances of any municipal corporation 14.22 thereof, including judges and clerks of election, and all 14.23 committee members, commissioners, trustees, referees, 14.24 appraisers, assessors, and all others authorized or required by 14.25 law to act or report upon any matter of fact,shallhave the 14.26 power to administersuchoathsastheymaydeem necessary to the 14.27 proper discharge of their respective duties. 14.28 (b) Any employee of the secretary of state designated by 14.29 the secretary of state has the power to administer oaths to an 14.30 individual who wishes to file with the secretary of state an 14.31 affidavit of candidacy, nominating petition, declaration of 14.32 intent to be a write-in candidate, or any other document 14.33 relating to the conduct of elections. 14.34 Sec. 30. Minnesota Statutes 2000, section 367.03, 14.35 subdivision 6, is amended to read: 14.36 Subd. 6. [VACANCIES.]When a vacancy occurs in a town15.1office,(a) The town board shall fillthea vacancy in a town 15.2 office by appointment in accordance with this section.The15.3person appointed shall hold office until15.4 (b) If the vacancy occurs before the first day to file an 15.5 affidavit of candidacy for the next regular election to the 15.6 office and more than one year remains in the unexpired term, a 15.7 special election must be held at the same time as the next 15.8 annual town election. The appointed person shall serve until 15.9 the qualification of a successor elected at a special election 15.10 to fill the unexpired portion of the term. 15.11 (c) If the vacancy occurs on or after the first day to file 15.12 an affidavit of candidacy for the next regular election to the 15.13 office or when less than one year remains in the unexpired term, 15.14 a special election must not be conducted. The appointed person 15.15 shall serve until the qualification of a successor after the 15.16 next annual town election, when a successor shall be elected for15.17the unexpired term. 15.18 (d) A vacancy in the office of supervisorshallmust be 15.19 filled by an appointment committee comprised of the remaining 15.20 supervisors and the town clerkuntil the next annual town15.21election, when a successor shall be elected for the unexpired15.22term. 15.23 (e) Any person appointed to fill the vacancy in the office 15.24 of supervisor must, upon assuming the office, be an eligible 15.25 voter, be 21 years of age, and have resided in the town for at 15.26 least 30 days. 15.27 (f) When, because of a vacancy, more than one supervisor is 15.28 to be chosen at the same election, candidates for the offices of 15.29 supervisor shall file for one of the specific terms being filled. 15.30 (g) Law enforcement vacanciesshallmust be filled by 15.31 appointment by the town board. 15.32 Sec. 31. [REPEALER.] 15.33 Minnesota Statutes 2000, section 204B.06, subdivision 1a, 15.34 is repealed.