SF 24

Introduction - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to elections; consolidating the partisan 
  1.3             primary ballot; providing for withdrawal of candidates 
  1.4             and filling vacancies in nomination; amending 
  1.5             Minnesota Statutes 1998, sections 204B.12, subdivision 
  1.6             2a; 204B.13, subdivisions 2, 5, and 6; 204B.41; 
  1.7             204C.21, subdivision 3; 204C.32, subdivision 1; 
  1.8             204D.03, subdivision 1; 204D.08, subdivision 4; 
  1.9             204D.10; and 204D.20, subdivisions 1 and 2; repealing 
  1.10            Minnesota Statutes 1998, sections 204D.08, subdivision 
  1.11            5; and 204D.13, subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 204B.12, 
  1.14  subdivision 2a, is amended to read: 
  1.15     Subd. 2a.  [AFTER PRIMARY; CANDIDATES FOR CONSTITUTIONAL 
  1.16  OFFICE.] (a) A candidate for a constitutional office may 
  1.17  withdraw from the general election ballot by filing an affidavit 
  1.18  of withdrawal with the same official who received the affidavit 
  1.19  of candidacy.  The affidavit must request that official to 
  1.20  withdraw that candidate's name from the ballot and must be filed 
  1.21  no later than 16 14 days before the general election.  
  1.22     (b) A candidate for a constitutional office may withdraw 
  1.23  after the deadline in paragraph (a) if: 
  1.24     (1) the candidate withdraws because of a catastrophic 
  1.25  illness that was diagnosed after the deadline for withdrawal; 
  1.26     (2) the candidate's illness will permanently and 
  1.27  continuously incapacitate the candidate and prevent the 
  1.28  candidate from performing the duties of the office sought; and 
  2.1      (3) the candidate or the candidate's legal guardian files 
  2.2   with the affidavit of withdrawal a certificate verifying that 
  2.3   the candidate's illness meets the requirements of clauses (1) 
  2.4   and (2), signed by at least two licensed physicians. 
  2.5      Sec. 2.  Minnesota Statutes 1998, section 204B.13, 
  2.6   subdivision 2, is amended to read: 
  2.7      Subd. 2.  [PARTISAN OFFICE; NOMINATION BY PARTY.] (a) A 
  2.8   vacancy in nomination for partisan office shall be filled as 
  2.9   provided in this subdivision.  A major political party has the 
  2.10  authority to fill a vacancy in nomination of that party's 
  2.11  candidate by filing a nomination certificate with the same 
  2.12  official who received the affidavits of candidacy for that 
  2.13  office.  
  2.14     (b) A major political party may provide in its governing 
  2.15  rules a procedure, including designation of an appropriate 
  2.16  committee, to fill vacancies in nomination for all offices 
  2.17  elected statewide.  The nomination certificate shall be prepared 
  2.18  under the direction of and executed by the chair and secretary 
  2.19  of the political party and filed within seven days after the 
  2.20  vacancy in nomination occurs or before the 14th day before the 
  2.21  general election, whichever is sooner.  If the vacancy in 
  2.22  nomination occurs through the candidate's death or catastrophic 
  2.23  illness, the nomination certificate must be filed within seven 
  2.24  days after the vacancy in nomination occurs but no later than 
  2.25  four days before the general election.  The chair and secretary 
  2.26  when filing the certificate shall attach an affidavit stating 
  2.27  that the newly nominated candidate has been selected under the 
  2.28  rules of the party and that the individuals signing the 
  2.29  certificate and making the affidavit are the chair and secretary 
  2.30  of the party.  If the vacancy in nomination occurs through the 
  2.31  candidate's withdrawal no later than 14 days before the general 
  2.32  election, or through the candidate's death or catastrophic 
  2.33  illness no later than four days before the general election, the 
  2.34  vacancy in nomination must be filled by the candidate who 
  2.35  received the next highest number of votes in the primary.  If 
  2.36  the vacancy occurs after the deadline, or if there was no other 
  3.1   candidate at the primary, the vacancy must be left unfilled. 
  3.2      Sec. 3.  Minnesota Statutes 1998, section 204B.13, 
  3.3   subdivision 5, is amended to read: 
  3.4      Subd. 5.  [CANDIDATES FOR GOVERNOR AND LIEUTENANT 
  3.5   GOVERNOR.] (a) If a vacancy in nomination occurs in the race for 
  3.6   governor, the candidate for governor determined under this 
  3.7   section shall select the candidate for lieutenant governor.  If 
  3.8   a vacancy in nomination occurs in the race for lieutenant 
  3.9   governor, due to a vacancy in nomination for governor or due to 
  3.10  the withdrawal or death of the candidate for lieutenant 
  3.11  governor, the candidate for governor shall select the candidate 
  3.12  for lieutenant governor as provided in this subdivision. 
  3.13     (b) For a vacancy in nomination that occurs on or before 
  3.14  the 16th 14th day before the general election, the name of the 
  3.15  lieutenant governor candidate must be submitted by the governor 
  3.16  candidate to the filing officer within seven days after the 
  3.17  vacancy occurs, or before no later than the 14th day before the 
  3.18  general election, whichever is sooner.  If the vacancy in 
  3.19  nomination occurs through the death or catastrophic illness of 
  3.20  the candidate for lieutenant governor, the candidate for 
  3.21  governor shall submit the name of the new lieutenant governor 
  3.22  candidate to the secretary of state within seven days after the 
  3.23  vacancy in nomination occurs but no later than four days before 
  3.24  the general election.  If the vacancy in nomination occurs 
  3.25  through the death or catastrophic illness of the candidate for 
  3.26  governor, the new candidate for governor shall submit the name 
  3.27  of the lieutenant governor candidate within seven days after the 
  3.28  vacancy in nomination for governor is filled under section 
  3.29  204B.13, subdivision 2, but no later than four days before the 
  3.30  general election. 
  3.31     Sec. 4.  Minnesota Statutes 1998, section 204B.13, 
  3.32  subdivision 6, is amended to read: 
  3.33     Subd. 6.  [VACANCY AFTER DEADLINE.] If a candidate 
  3.34  withdraws after the 16th 14th day before the general election 
  3.35  but before four days before the general election, the secretary 
  3.36  of state shall instruct the election judges to strike the name 
  4.1   of the withdrawn candidate from the general election ballot and 
  4.2   shall substitute no other candidate's name.  Filing officers may 
  4.3   not accept a nomination certificate for filing to fill a vacancy 
  4.4   in nomination resulting from the filing of an affidavit of 
  4.5   withdrawal by a candidate after the 14th day before the general 
  4.6   election.  Vacancies occurring through death or catastrophic 
  4.7   illness after the 16th 14th day before the general election are 
  4.8   governed by section 204B.41. 
  4.9      Sec. 5.  Minnesota Statutes 1998, section 204B.41, is 
  4.10  amended to read: 
  4.11     204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
  4.12     When a vacancy in nomination occurs through the death or 
  4.13  catastrophic illness of a candidate after the 16th 14th day 
  4.14  before the general election, the officer in charge of preparing 
  4.15  the ballots shall prepare and distribute a sufficient number of 
  4.16  separate paper ballots which shall be headed with the words 
  4.17  "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
  4.18  title of the office for which the vacancy in nomination has been 
  4.19  filled and the names of all the candidates nominated for that 
  4.20  office.  The ballot shall conform to the provisions governing 
  4.21  the printing of other official ballots as far as practicable.  
  4.22  The title of the office and the names of the candidates for that 
  4.23  office shall be blotted out or stricken from the regular ballots 
  4.24  by the election judges.  The official supplemental ballot shall 
  4.25  be given to each voter when the voter is given the regular 
  4.26  ballot or is directed to the voting machine.  Regular ballots 
  4.27  shall not be changed nor shall official supplemental ballots be 
  4.28  prepared as provided in this section during the three calendar 
  4.29  days before an election.  Absentee ballots that have been mailed 
  4.30  prior to the preparation of official supplemental ballots shall 
  4.31  be counted in the same manner as if the vacancy had not 
  4.32  occurred.  Official supplemental ballots shall not be mailed to 
  4.33  absent voters to whom ballots were mailed before the official 
  4.34  supplemental ballots were prepared. 
  4.35     Sec. 6.  Minnesota Statutes 1998, section 204C.21, 
  4.36  subdivision 3, is amended to read: 
  5.1      Subd. 3.  [PRIMARY.] At a primary the election judges shall 
  5.2   first separate the partisan ballots by major political party and 
  5.3   then count the votes for each office on the partisan primary 
  5.4   ballot as provided in subdivision 1.  The nonpartisan primary 
  5.5   ballots shall be counted separately after the partisan primary 
  5.6   ballots have been counted. 
  5.7      Sec. 7.  Minnesota Statutes 1998, section 204C.32, 
  5.8   subdivision 1, is amended to read: 
  5.9      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
  5.10  board shall meet at the county auditor's office on or before the 
  5.11  third day following the state primary.  After taking the oath of 
  5.12  office, the canvassing board shall publicly canvass the election 
  5.13  returns delivered to the county auditor.  The board shall 
  5.14  complete the canvass no later than the third day following the 
  5.15  state primary and shall promptly prepare and file with the 
  5.16  county auditor a report that states:  
  5.17     (a) The number of individuals voting at the election in the 
  5.18  county, and in each precinct; 
  5.19     (b) The number of individuals registering to vote on 
  5.20  election day and the number of individuals registered before 
  5.21  election day in each precinct; 
  5.22     (c) For each major political party, the names of the 
  5.23  candidates running for each partisan office and the number of 
  5.24  votes received by each candidate in the county and in each 
  5.25  precinct; 
  5.26     (d) The names of the candidates of each major political 
  5.27  party for partisan office who are nominated; and 
  5.28     (e) The number of votes received by each of the candidates 
  5.29  for nonpartisan office in each precinct in the county and the 
  5.30  names of the candidates nominated for nonpartisan office.  
  5.31     Upon completion of the canvass, the county auditor shall 
  5.32  mail or deliver a notice of nomination to each nominee voted for 
  5.33  only in that county.  The county auditor shall transmit one of 
  5.34  the certified copies of the county canvassing board report for 
  5.35  state and federal offices to the secretary of state by express 
  5.36  mail or similar service immediately upon conclusion of the 
  6.1   county canvass.  
  6.2      Sec. 8.  Minnesota Statutes 1998, section 204D.03, 
  6.3   subdivision 1, is amended to read: 
  6.4      Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
  6.5   held on the first Tuesday after the second Monday in September 
  6.6   in each even-numbered year to select the nominees of the major 
  6.7   political parties for partisan offices and the nominees for 
  6.8   nonpartisan offices to be filled at the state general election, 
  6.9   other than presidential electors.  
  6.10     Sec. 9.  Minnesota Statutes 1998, section 204D.08, 
  6.11  subdivision 4, is amended to read: 
  6.12     Subd. 4.  [STATE PARTISAN PRIMARY BALLOT; PARTY COLUMNS.] 
  6.13  The state partisan primary ballot shall be headed by the words 
  6.14  "State Partisan Primary Ballot."  The ballot shall be printed on 
  6.15  white paper.  There must be at least three vertical columns on 
  6.16  the ballot and each major political party shall have a separate 
  6.17  column headed by the words ".......... Party," giving the party 
  6.18  name.  Above the party names, the following statement shall be 
  6.19  printed.  
  6.20     "Minnesota Election Law permits you to vote for the 
  6.21  candidates of only one political party in a state partisan 
  6.22  primary election." 
  6.23     If there are only two major political parties to be listed 
  6.24  on the ballot, one party must occupy the left-hand column, the 
  6.25  other party must occupy the right-hand column, and the center 
  6.26  column must contain the following statement:  
  6.27     "Do not vote for candidates of more than one party."  
  6.28     The names of the candidates seeking the nomination of each 
  6.29  major political party shall be listed in that party's column.  
  6.30  If only one individual files an affidavit of candidacy seeking 
  6.31  the nomination of a major political party for an office, the 
  6.32  name of that individual shall be placed on the state partisan 
  6.33  primary ballot at the appropriate location in that party's 
  6.34  column.  
  6.35     In each column, The candidates for senator in Congress 
  6.36  shall be listed first, candidates for representative in Congress 
  7.1   second, candidates for state senator third, candidates for state 
  7.2   representative fourth and then candidates for state office in 
  7.3   the order specified by the secretary of state.  
  7.4      The party columns shall be substantially the same in width, 
  7.5   type, and appearance.  The columns shall be separated by a 
  7.6   12-point solid line. 
  7.7      Sec. 10.  Minnesota Statutes 1998, section 204D.10, is 
  7.8   amended to read: 
  7.9      204D.10 [PRIMARY RESULTS; NOMINEES.] 
  7.10     Subdivision 1.  [PARTISAN OFFICES; NOMINEES.] The candidate 
  7.11  for nomination of a major political party for a partisan office 
  7.12  on the state partisan primary ballot who receives the highest 
  7.13  number of votes shall be the nominee of that political party for 
  7.14  that office, except as otherwise provided in subdivision 2.  
  7.15     Subd. 2.  [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at 
  7.16  the state primary any individual seeking a major political 
  7.17  party's nomination for an office receives a number of votes 
  7.18  equal to ten percent of the average of the votes cast at the 
  7.19  last state general election for state officers of that major 
  7.20  political party within the district for which the office is 
  7.21  voted, then all candidates of that major political party who 
  7.22  receive the highest vote for an office are the nominees of that 
  7.23  major political party.  If none of the candidates of a major 
  7.24  political party receive the required ten percent, then no 
  7.25  candidates are nominated, and all the candidates of that major 
  7.26  political party may be nominated by nominating petition as 
  7.27  provided in sections 204B.07 to 204B.09.  For the purposes of 
  7.28  this subdivision, "state officers" mean the governor, lieutenant 
  7.29  governor, secretary of state, state auditor, state treasurer, 
  7.30  and attorney general. 
  7.31     Subd. 3.  [NONPARTISAN OFFICES; NOMINEES.] The candidates 
  7.32  for each office on the state and county partisan and nonpartisan 
  7.33  primary ballot ballots receiving the highest and the next 
  7.34  highest number of votes shall be the nominees for that office.  
  7.35  When more than one individual is to be elected to the same 
  7.36  nonpartisan office, the number of nominees shall be equal to 
  8.1   twice the number of individuals to be elected, and that number 
  8.2   of candidates receiving the highest number of votes shall be the 
  8.3   nominees for that office.  
  8.4      Sec. 11.  Minnesota Statutes 1998, section 204D.20, 
  8.5   subdivision 1, is amended to read: 
  8.6      Subdivision 1.  [SPECIAL PRIMARY.] Except as provided in 
  8.7   subdivision 2, the candidates of the major political parties to 
  8.8   fill a vacancy shall be nominated at a special primary.  The 
  8.9   candidate of each party who receives two candidates who receive 
  8.10  the highest number of votes at the special primary shall be 
  8.11  nominated without reference to the ten percent requirement of 
  8.12  section 204D.10, subdivision 2.  
  8.13     Sec. 12.  Minnesota Statutes 1998, section 204D.20, 
  8.14  subdivision 2, is amended to read: 
  8.15     Subd. 2.  [NO SPECIAL PRIMARY; WHEN.] No special primary 
  8.16  shall be held to nominate candidates to fill a vacancy if 
  8.17  only one individual from each major political party files two 
  8.18  individuals file as a candidate candidates for that party's 
  8.19  nomination.  In that case, the individuals who have filed are 
  8.20  nominated.  
  8.21     Sec. 13.  [REPEALER.] 
  8.22     Minnesota Statutes 1998, sections 204D.08, subdivision 5; 
  8.23  and 204D.13, subdivision 2, are repealed.