Minnesota Legislature
HF 3724
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to elections; permitting absentee ballots in a special election for Congress
or the legislature to be cast in person in any county in the district; prohibiting
special elections near national holidays; amending Minnesota Statutes 2004,
sections 203B.081; 204D.19, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
new text begin Subdivision 1. new text end
new text begin Regular election. new text end
An eligible voter may vote by absentee ballot
during the 30 days before the election in the office of the county auditor and at any other
polling place designated by the county auditor. The county auditor shall make such
designations at least 90 days before the election. At least one voting booth in each polling
place must be made available by the county auditor for this purpose.
new text begin Subd. 2. new text end
new text begin Special election. new text end
new text begin
In a special election to fill a vacancy in Congress or the
legislature, an eligible voter may vote by absentee ballot during the eight days before the
election in the office of the county auditor of any county within the congressional or
legislative district and at any other polling place designated by the county auditor of any
county within the congressional or legislative district. The county auditor shall make the
designations at least ten days before the election. At least one voting booth in each polling
place must be made available by the county auditor for this purpose.
new text end
Sec. 2.
Minnesota Statutes 2004, section 204D.19, subdivision 2, is amended to read:
Subd. 2.
Special election when the Congress or legislature will be in session.
Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 33rd day prior to the opening day of session
in the succeeding even-numbered year, when a vacancy occurs and the Congress or
legislature will be in session so that the individual elected as provided by this section
could take office and exercise the duties of the office immediately upon election, the
governor shall issue within five days after the vacancy occurs a writ calling for a special
election. The special election shall be held as soon as possible, consistent with the notice
requirements of section 204D.22, subdivision 3deleted text begin , but in no eventdeleted text end new text begin . The special election must
not be held within seven days before or after a national holiday nor new text end more than 28 days
after the issuance of the writnew text begin , except as necessary to avoid the national holidaynew text end .
Sec. 3.
Minnesota Statutes 2004, section 204D.19, subdivision 3, is amended to read:
Subd. 3.
Special election at other times.
When a vacancy occurs at a time other
than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a
special election to be held so that the individual elected may take office at the opening of
the next session of the Congress or of the legislature, or at the reconvening of a session of
the Congress or of the legislature.new text begin The special election must not be held within seven days
before or after a national holiday.
new text end