Minnesota Legislature
HF 1408
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/04/2011 04:37pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/07/2011 | |
| 1st Engrossment | Posted on 05/04/2011 |
Current Version - 1st Engrossment
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A bill for an act
relating to elections; changing certain procedures and requirements related to
vacancies in nomination; amending Minnesota Statutes 2010, sections 204B.04,
subdivision 2; 204B.13, subdivisions 1, 4; 205.13, subdivision 1a; 205A.06,
subdivision 1a; repealing Minnesota Statutes 2010, sections 204B.41; 204D.169;
205.065, subdivision 7; 205A.03, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, 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 petitiondeleted text begin , except as otherwise provided for nonpartisan offices
in section 204B.13, subdivision 4deleted text end .
Sec. 2.
Minnesota Statutes 2010, 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 or nonpartisan candidate who was nominated
at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a; or
deleted text begin (b)deleted text end new text begin (2)new text end a candidate for a nonpartisan office, for which one or two candidates filed, deleted text begin dies
or files an affidavit of withdrawaldeleted text end new text begin withdrawsnew text end as provided in section 204B.12, subdivision 1.
Sec. 3.
Minnesota Statutes 2010, section 204B.13, subdivision 4, is amended to read:
Subd. 4.
Nonpartisan office; filling vacancy deleted text begin by nominating petitionsdeleted text end .
A vacancy
in nomination in a nonpartisan office may be filled by deleted text begin nominating petitiondeleted text end new text begin filing an
affidavit of candidacy and paying a filing fee or by filing an affidavit of candidacy and
filing a petition in place of a filing feenew text end in the manner provided in sections 204B.06new text begin ,new text end
deleted text begin todeleted text end 204B.09new text begin , and 204B.11new text end . deleted text begin The petition shalldeleted text end new text begin All documents and fees required by this
subdivision mustnew text end be filed within deleted text begin one weekdeleted text end new text begin five daysnew text end after the vacancy in nomination
occursdeleted text begin , but not later than four calendar days before the electiondeleted text end .new text begin There must be a two-day
period for withdrawal of candidates after the last day for filing.
new text end
deleted text begin
An eligible voter is eligible to sign a nominating petition to fill a vacancy in
nomination without regard to whether that eligible voter intends to vote or did vote for
any candidate for that office at the primary or signed other nominating petitions for
candidates for that office.
deleted text end
new text begin
If the vacancy in nomination resulted from a withdrawal during the withdrawal
period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
period to fill the vacancy in nomination, there are more than two candidates, the
candidates' names must appear on the primary ballot.
new text end
new text begin
In all other cases, the candidates' names must appear on the general election ballot.
new text end
Sec. 4.
Minnesota Statutes 2010, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than 84 days nor
less than 70 days before the city primary. In municipalities that do not hold a primary, an
affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
the municipal general election held in March in any year, or a special election not held in
conjunction with another election, and no more than deleted text begin 91deleted text end new text begin 98new text end days nor less than deleted text begin 77deleted text end new text begin 84new text end days
before the municipal general election held in November of any year.
Sec. 5.
Minnesota Statutes 2010, section 205A.06, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed with
the school district clerk no earlier than the 84th day and no later than the 70th day before
the second Tuesday in August in the year when the school district general election is held.
In all other school districts, affidavits of candidacy must be filed no earlier than the deleted text begin 91stdeleted text end new text begin
98thnew text end day and no later than the deleted text begin 77thdeleted text end new text begin 84thnew text end day before the school district general election.
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 204B.41; 204D.169; 205.065, subdivision 7;
and 205A.03, subdivision 6,
new text end
new text begin
are repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 6 are effective the day following final enactment.
new text end