Minnesota Session Laws - 2010, Regular Session

CHAPTER 184--S.F.No. 2251

An act

relating to elections; changing the date of the state primary; changing certain primary-related dates and provisions;

amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 1; 203B.081; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 204B.09, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision 1a; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 211B.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:

Subd. 6.

Distribution of party accounts.

As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue deleted text begin on September 1 deleted text end new text begin one week before the state primary new text end , to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. deleted text begin If a candidate files the affidavit required by section 10A.323 after September 1 of the general election year, the board must pay the candidate's allocation to the candidate at the next regular payment date for public subsidies for that election cycle that occurs at least 15 days after the candidate files the affidavit. deleted text end

Sec. 2.

Minnesota Statutes 2008, section 10A.321, is amended to read:

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of estimates.

The commissioner of revenue must calculate and certify to the board new text begin one week new text end before deleted text begin July 1 deleted text end new text begin the first day for filing for office new text end in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification procedures.

Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within deleted text begin seven days deleted text end new text begin one week new text end after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. deleted text begin By August 15 deleted text end new text begin Within two weeks after the last day for filing for office new text end , the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

Sec. 3.

Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:

Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board deleted text begin by September 1 preceding the candidate's general election or a special election held at the general election deleted text end new text begin at least three weeks before the candidate's state primary new text end . An agreement may not be filed after that date. An agreement once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office.

Sec. 4.

Minnesota Statutes 2008, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that deleted text begin during that calendar year deleted text end new text begin between January 1 of the election year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election new text end the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50.

The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the deleted text begin cutoff date deleted text end new text begin deadline new text end for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4.

A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy.

Sec. 5.

Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read:

Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04. new text begin Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5 or 6, at least 60 days before: new text end

new text begin (1) each regularly scheduled primary for federal, state, county, city, or school board office; new text end

new text begin (2) each regularly scheduled general election for city or school board office for which a primary is not held; and new text end

new text begin (3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired; new text end

new text begin or at least 45 days before any other primary or other election for which a primary is not held. new text end

Sec. 6.

Minnesota Statutes 2008, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot new text begin in the office of the county auditor and at any other polling place designated by the county auditor new text end during the new text begin 46 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for a federal office, and during the new text end 30 days before deleted text begin the deleted text end new text begin any other new text end election deleted text begin in the office of the county auditor and at any other polling place designated by the county auditor deleted text end . The county auditor shall make such designations at least deleted text begin 90 days deleted text end new text begin 14 weeks new text end before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

Sec. 7.

Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 203B.12.

The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the deleted text begin 30 deleted text end new text begin 45 new text end days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.

Sec. 8.

Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:

Subdivision 1.

Submission of application.

(a) An application for absentee ballots for a voter described in section 203B.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number, no matter how it is designated, qualifies as the person's military identification number if the person is in the military.

(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota.

(d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the deleted text begin next two regularly scheduled general elections for federal office held after the date on which the application is received deleted text end new text begin end of that calendar year new text end .

(e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27.

Sec. 9.

Minnesota Statutes 2008, section 203B.22, is amended to read:

203B.22 deleted text begin MAILING deleted text end new text begin TRANSMITTING new text end BALLOTS.

The county auditor shall deleted text begin mail deleted text end new text begin transmit new text end the appropriate ballots, as promptly as possible, to an absent voter whose application has been recorded under section 203B.19. If the county auditor determines that a voter is not eligible to vote at the primary but will be eligible to vote at the general election, only general election ballots shall be deleted text begin mailed deleted text end new text begin transmitted new text end . Only one set of ballots shall be deleted text begin mailed deleted text end new text begin transmitted new text end to any applicant for any election, except that the county auditor may deleted text begin mail deleted text end new text begin transmit new text end a replacement ballot to a voter whose ballot has been spoiled or lost in transit or whose mailing address has changed after the date on which the original application was submitted as confirmed by the county auditor. Ballots to be sent outside the United States shall be given priority in deleted text begin mailing deleted text end new text begin transmission new text end . A county auditor may make use of any special service provided by the United States government for the deleted text begin mailing deleted text end new text begin transmission new text end of voting materials under sections 203B.16 to 203B.27.

Sec. 10.

Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:

Subdivision 1.

Transmitting ballot and certificate of voter eligibility.

A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. new text begin The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically. new text end

Sec. 11.

Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the absentee ballots in the manner provided in section 203B.24. If the certificate of voter eligibility is not printed on the return or administrative envelope, the certificate must be attached to the ballot secrecy envelope.

The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or "rejected" during the deleted text begin 30 deleted text end new text begin 45 new text end days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.

Sec. 12.

Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than deleted text begin 70 deleted text end new text begin 84 new text end days nor less than deleted text begin 56 deleted text end new text begin 70 new text end days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions deleted text begin on or before the state primary deleted text end new text begin at least 77 days before the general election new text end day pursuant to section 204B.07. Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of that county. Affidavits and petitions for federal offices must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing.

Sec. 13.

Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than deleted text begin June deleted text end new text begin May new text end 1 of any year:

(1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters;

(3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than deleted text begin May deleted text end new text begin April new text end 1 of any year.

The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.

Sec. 14.

Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election precinct deleted text begin shall deleted text end new text begin must new text end be adopted at least 90 days before the date of the next election and, for the state primary and general election, no later than deleted text begin June deleted text end new text begin May new text end 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at least 60 days.

The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days deleted text begin prior to deleted text end new text begin before new text end the first day to file affidavits of candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state.

Sec. 15.

Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and county auditor.

On deleted text begin June 1 deleted text end new text begin May 1 new text end in a year in which there is an election for a partisan political office, the county or legislative district chairs of each major political party, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located.

By deleted text begin June 15 deleted text end new text begin May 15 new text end , the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party.

Sec. 16.

Minnesota Statutes 2008, section 204B.33, is amended to read:

204B.33 NOTICE OF FILING.

(a) deleted text begin Between June 1 and July 1 in each even-numbered year deleted text end new text begin At least 15 weeks before the state primary new text end , the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices.

(b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy.

Sec. 17.

Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:

Subd. 4.

Absentee ballots; preparation; delivery.

new text begin At least 46 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 30 days before any other election, new text end ballots necessary to fill applications of absentee voters shall be prepared and delivered deleted text begin at least 30 days before the election deleted text end to the officials who administer the provisions of chapter 203B.

This section applies to school district elections held on the same day as a statewide election or an election for a county or municipality located partially or wholly within the school district.

Sec. 18.

Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be given at least six weeks prior to the election. new text begin Not more than 46 days nor later than 14 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office and new text end not more than 30 days nor later than 14 days deleted text begin prior to the deleted text end new text begin before any other new text end election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the deleted text begin 30 deleted text end new text begin 45 new text end days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 19.

Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:

Subd. 3.

Secretary of state.

deleted text begin On or before July 1 of deleted text end new text begin No later than ten weeks before the state primary in new text end each even-numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot.

Sec. 20.

Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be held on the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 21.

Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

(a) No later than deleted text begin June 1 deleted text end new text begin May 1 new text end of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.

(b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot.

Sec. 22.

Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:

Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the state general election; or

(b) a primary held deleted text begin four weeks before the first deleted text end new text begin on the second new text end Tuesday deleted text begin after the first Monday in November deleted text end new text begin in August new text end of odd-numbered years.

Sec. 23.

Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:

Subd. 6.

Special election required; exception; when held.

Every vacancy shall be filled for the remainder of the term by a special election held pursuant to this subdivision; except that no special election shall be held in the year before the term expires.

The special election shall be held at the next November election if the vacancy occurs at least deleted text begin six deleted text end new text begin 11 new text end weeks before the regular state primary preceding that election. If the vacancy occurs less than deleted text begin six deleted text end new text begin 11 new text end weeks before the regular state primary preceding the next November election, the special election shall be held at the second November election after the vacancy occurs.

Sec. 24.

Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:

Subd. 8.

Notice of special election.

The secretary of state shall issue an official notice of any special election required to be held pursuant to this section not later than deleted text begin ten deleted text end new text begin 16 new text end weeks before the special primary, except that if the vacancy occurs deleted text begin ten deleted text end new text begin 16 new text end weeks or less before the special primary, the secretary of state shall issue the notice no later than two days after the vacancy occurs. The notice shall state the office to be filled, the opening and closing dates for filing of candidacy and the dates of the special primary and special election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply generally to special elections, this notice shall be used in place of the writ of the governor.

Sec. 25.

Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:

Subd. 9.

Filing by candidates.

The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open deleted text begin six deleted text end new text begin 12 new text end weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close deleted text begin four deleted text end new text begin ten new text end weeks before the special primary.

Sec. 26.

Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:

Subdivision 1.

Establishing primary.

A municipal primary for the purpose of nominating elective officers may be held in any city on the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end of any year in which a municipal general election is to be held for the purpose of electing officers.

Sec. 27.

Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance or resolution adopted deleted text begin at least three months before the next deleted text end new text begin by April 15 in the year when a new text end municipal general election new text begin is held new text end , elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance.

Sec. 28.

Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

In deleted text begin municipalities deleted text end new text begin a city new text end nominating candidates at a deleted text begin municipal deleted text end primary, an affidavit of candidacy for a city office deleted text begin or town office deleted text end voted on in November must be filed deleted text begin not deleted text end new text begin no new text end more than deleted text begin 70 deleted text end new text begin 84 new text end days nor less than deleted text begin 56 deleted text end new text begin 70 new text end days before the deleted text begin first Tuesday after the second Monday in September preceding the municipal general election deleted text end new text begin city primary new text end . In deleted text begin all other deleted text end municipalities new text begin that do not hold a primary new text end , an affidavit of candidacy must be filed deleted text begin not deleted text end new text begin no new text end more than 70 days and not less than 56 days before the municipal general election new text begin held in March in any year, or a special election not held in conjunction with another election, and no more than 91 days nor less than 77 days before the municipal general election held in November of any year new text end .

Sec. 29.

Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:

Subd. 4.

Notice to auditor.

At least deleted text begin 53 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every municipal election new text begin held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election new text end , the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. deleted text begin Not less than 46 deleted text end new text begin At least 74 new text end days before deleted text begin the deleted text end new text begin a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other new text end election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6.

Sec. 30.

Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read:

Subd. 5.

Notice to secretary of state.

At least deleted text begin 46 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every municipal election new text begin held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election new text end for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state.

Sec. 31.

Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

The school board of a school district may, by resolution adopted by deleted text begin June 1 deleted text end new text begin April 15 new text end of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution, when adopted, is effective for all ensuing elections of board members in that school district until it is revoked. If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions available, the school district must hold a primary.

Sec. 32.

Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07.

Sec. 33.

Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read:

Subd. 3.

Cancellation.

A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin an election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, or 46 days before any other new text end election.

Sec. 34.

Minnesota Statutes 2008, 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 deleted text begin 70th deleted text end new text begin 84th new text end day and no later than the deleted text begin 56th deleted text end new text begin 70th new text end day before the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end 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 70th deleted text end new text begin 91st new text end day and no later than the deleted text begin 56th deleted text end new text begin 77th new text end day before the school district general election.

Sec. 35.

Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:

Subd. 3.

Notice to auditor.

At least deleted text begin 53 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every school district election new text begin held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other school district election new text end , the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor deleted text begin prior to deleted text end new text begin before new text end receipt of a review and comment from the commissioner of education and deleted text begin prior to deleted text end new text begin before new text end actual initiation of the election. Not less than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin an election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, or 46 days before any other new text end election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3.

Sec. 36.

Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read:

Subd. 3a.

Notice to commissioner of education.

At least deleted text begin 49 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every school district election new text begin held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 49 days before any other school district election new text end , under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election. Not less than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin every school district new text end election new text begin held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election new text end , the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner.

Sec. 37.

Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read:

Subd. 3b.

Notice to secretary of state.

At least deleted text begin 46 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every school district election new text begin held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election new text end for which a notice is provided to the county auditor under subdivision 3, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state.

Sec. 38.

Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read:

Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election, the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on deleted text begin the day of the school district primary or general election, deleted text end the new text begin second new text end Tuesday deleted text begin following the second Monday deleted text end in deleted text begin September deleted text end new text begin August new text end , the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 39.

Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.

new text begin The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year when the rotation will be made as the basis for determining the rotation of names. new text end

Sec. 40.

Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is amended to read:

Subd. 2.

Plan.

The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system. deleted text begin Prior to July deleted text end new text begin Before May new text end 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state. The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority. The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section.

Sec. 41.

Minnesota Statutes 2008, section 208.03, is amended to read:

208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. deleted text begin On or before primary deleted text end new text begin At least 77 days before the general new text end election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the party candidates for president and vice president.

Sec. 42.

Minnesota Statutes 2008, section 211B.045, is amended to read:

211B.045 NONCOMMERCIAL SIGNS EXEMPTION.

In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from deleted text begin August 1 deleted text end new text begin 46 days before the state primary new text end in a state general election year until ten days following the state general election.

Sec. 43.

Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read:

Subdivision 1.

Proposals.

The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least deleted text begin 12 deleted text end new text begin 17 new text end weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth.

Sec. 44.

Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than deleted text begin 70 deleted text end new text begin 91 new text end days nor less than deleted text begin 56 deleted text end new text begin 77 new text end days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

Sec. 45.

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor March 2, 2010

Signed by the governor March 3, 2010, 9:10 a.m.