HF 122

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 01/29/2013 11:27am

A bill for an act
relating to elections; modifying vacancy in nominations provisions; amending
Minnesota Statutes 2012, section 204B.13, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes
2012, section 204B.13, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Death or withdrawal deleted text end new text begin Partisan office new text end .

A vacancy in nomination
deleted text begin may deleted text end new text begin for a partisan office must new text end be filled in the manner provided by this section. A vacancy
in nomination new text begin for a partisan office new text end exists when deleted text begin :
deleted text end

deleted text begin (1) deleted text end a major political party candidate deleted text begin or nonpartisan candidate deleted text end who was nominated
at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (2) a candidate for a nonpartisan office, for which one or two candidates filed,
withdraws as provided in section 204B.12, subdivision 1.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin A vacancy in nomination for a nonpartisan office
must be filled in the manner provided by this section. A vacancy in nomination for a
nonpartisan office exists when:
new text end

new text begin (1) a candidate for any nonpartisan office, for which one or two candidates filed,
withdraws as provided in section 204B.12, subdivision 1; or
new text end

new text begin (2) a candidate for any nonjudicial nonpartisan office, for which only one or two
candidates filed or who was nominated at a primary, dies more than 84 days before the
date of the general election.
new text end

new text begin Subd. 2. new text end

new text begin Procedure for filling vacancy. new text end

new text begin A vacancy in nomination for a nonpartisan
office may be filled by 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 fee, in the manner
provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
this subdivision must be filed within five days after the vacancy in nomination occurs.
There must be a two-day period for withdrawal of candidates after the last day for filing.
new 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. In all other cases, the candidates'
names must appear on the general election ballot.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 204B.13, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end