HF 4140

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; permitting a voter to show on the ballot an intent not to vote
for any candidate for an office; amending Minnesota Statutes 2006, sections
204B.36, subdivision 2; 204D.08, subdivision 3; 204D.14, subdivision 1; 206.90,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, 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. 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. new text begin At a primary or general
election, below the line for "write-in, if any," shall be printed a line that reads "no choice,"
so that a voter may show the voter's intent not to vote for any candidate for that office.
new text end

On the left side of the ballot at the same level with the name of each candidate
and each blank line new text begin and "no choice" new text end 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 new text begin , or opposite "no choice" if you intend not to vote for
any candidate for that office new text end ." 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. 2.

Minnesota Statutes 2006, section 204D.08, subdivision 3, is amended to read:

Subd. 3.

Rotation of names.

On state primary ballots the name of each candidate
for nomination to a partisan or nonpartisan office shall be rotated with the names of the
other candidates for nomination to that office so that the name of each candidate appears
substantially an equal number of times at the top, at the bottom, and at each intermediate
place in that group of candidates. If the number of candidates for an office is equal to or
less than the number to be elected, no rotation of candidate names is required and the
official preparing the ballot shall determine the position of the candidates by lot. new text begin The line
for "no choice" must remain below the names of all the candidates.
new text end

Sec. 3.

Minnesota Statutes 2006, section 204D.14, subdivision 1, is amended to read:

Subdivision 1.

Rotation of names.

The names of candidates for nonpartisan offices
on the canary ballot shall be rotated in the manner provided for rotation of names on state
partisan primary ballots by section 204D.08, subdivision 3. new text begin The line for "no choice" must
remain below the names of all the candidates.
new text end

Sec. 4.

Minnesota Statutes 2006, section 206.90, subdivision 6, is amended to read:

Subd. 6.

Ballots.

In precincts using optical scan voting systems, a single ballot card
on which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may
be printed in another color ink.

On the front of the ballot must be printed the words "Official Ballot" and the date of
the election and lines for the initials of at least two election judges.

When optical scan ballots are used, the offices to be elected must appear in the
following order: federal offices; state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions; municipal offices and questions;
school district offices and questions; special district offices and questions; and judicial
offices.

On optical scan ballots, the names of candidates and the words "yes" and "no" for
ballot questions must be printed as close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."

new text begin The line on an optical scan ballot to show the voter's intent not to vote for any
candidate for the office must contain the words "no choice."
new text end

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
instructions to voters must include a statement that reads substantially as follows: "THIS
BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the instructions to voters must
include a statement that reads substantially as follows: "ADDITIONAL POLITICAL
PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR
ONE POLITICAL PARTY ONLY." At the bottom of each political party column on the
primary ballot, the ballot must contain a statement that reads substantially as follows:
"CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section
204D.08, subdivision 4, do not apply to optical scan partisan primary ballots. Electronic
ballot displays and audio ballot readers must follow the order of offices and questions on
the optical scan or paper ballot used in the same precinct, or the sample ballot posted for
that precinct.