1.1 	A bill for an act
1.2 	relating to elections; prohibiting special elections for Congress or the legislature 
1.3 	near national holidays; amending Minnesota Statutes 2004, section 204D.19, 
1.4 	subdivisions 2, 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 204D.19, subdivision 2, is amended to 
1.7 	read:
1.8 		Subd. 2.Special election when the Congress or legislature will be in session.
 1.9 	Except for vacancies in the legislature which occur at any time between the last day of 
1.10 	session in an odd-numbered year and the 33rd day prior to the opening day of session 
1.11 	in the succeeding even-numbered year, when a vacancy occurs and the Congress or 
1.12 	legislature will be in session so that the individual elected as provided by this section 
1.13 	could take office and exercise the duties of the office immediately upon election, the 
1.14 	governor shall issue within five days after the vacancy occurs a writ calling for a special 
1.15 	election. The special election shall be held as soon as possible, consistent with the notice 
1.16 	requirements of section  204D.22, subdivision 3, but in no event. The special election must 
1.17 	not be held within seven days before or after a national holiday nor  more than 28 days 
1.18 	after the issuance of the writ, except as necessary to avoid the national holiday. 

1.19 	Sec. 2. Minnesota Statutes 2004, section 204D.19, subdivision 3, is amended to read:
1.20 		Subd. 3.Special election at other times. When a vacancy occurs at a time other 
1.21 	than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a 
1.22 	special election to be held so that the individual elected may take office at the opening of 
1.23 	the next session of the Congress or of the legislature, or at the reconvening of a session of 
2.1 	the Congress or of the legislature. The special election must not be held within seven days 
2.2 	before or after a national holiday.