1.1 	A bill for an act
1.2 	relating to elections; changing certain provisions concerning vacancies in 
1.3 	nomination;amending Minnesota Statutes 2008, sections 203B.12, subdivision 
1.4 	2; 204B.04, subdivisions 2, 3; 204B.07, subdivision 1; 204B.09, subdivision 1; 
1.5 	204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions; 
1.6 	repealing Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, 
1.7 	subdivisions 4, 5, 6; 204B.41; 204D.169.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:
1.10 		Subd. 2.Examination of return envelopes. Two or more election judges shall 
1.11 	examine each return envelope and shall mark it accepted or rejected in the manner 
1.12 	provided in this subdivision. If a ballot has been prepared under section 204B.12, 
1.13 	subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes 
1.14 	from the return envelopes until 8:00 p.m. on election day, either in the polling place or at 
1.15 	an absentee ballot board established under section 203B.13.
1.16 	The election judges shall mark the return envelope "Accepted" and initial or sign 
1.17 	the return envelope below the word "Accepted" if the election judges or a majority 
1.18 	of them are satisfied that:
1.19 	(1) the voter's name and address on the return envelope are the same as the 
1.20 	information provided on the absentee ballot application;
1.21 	(2) the voter's signature on the return envelope is the genuine signature of the 
1.22 	individual who made the application for ballots and the certificate has been completed as 
1.23 	prescribed in the directions for casting an absentee ballot, except that if a person other 
1.24 	than the voter applied for the absentee ballot under applicable Minnesota Rules, the 
1.25 	signature is not required to match;
2.1 	(3) the voter is registered and eligible to vote in the precinct or has included a 
2.2 	properly completed voter registration application in the return envelope; and
2.3 	(4) the voter has not already voted at that election, either in person or by absentee 
2.4 	ballot.
2.5 	There is no other reason for rejecting an absentee ballot. In particular, failure to 
2.6 	place the ballot within the security envelope before placing it in the outer white envelope 
2.7 	is not a reason to reject an absentee ballot.
2.8 	The return envelope from accepted ballots must be preserved and returned to the 
2.9 	county auditor.
2.10 	If all or a majority of the election judges examining return envelopes find that 
2.11 	an absent voter has failed to meet one of the requirements prescribed in clauses (1) to 
2.12 	(4), they shall mark the return envelope "Rejected," initial or sign it below the word 
2.13 	"Rejected," and return it to the county auditor.

2.14 	Sec. 2. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
2.15 		Subd. 2.Candidates seeking nomination by primary. No individual who 
2.16 	seeks nomination for any partisan or nonpartisan office at a primary shall be nominated 
2.17 	for the same office by nominating petition, except as otherwise provided for partisan 
2.18 	offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13, 
2.19 	subdivision 4.  

2.20 	Sec. 3. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
2.21 		Subd. 3.Nomination for nonpartisan office. No individual shall be nominated 
2.22 	by nominating petition for any nonpartisan office except in the event of a vacancy in 
2.23 	nomination as provided in section 204B.13.  

2.24 	Sec. 4. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
2.25 		Subdivision 1.Form of petition. A nominating petition may consist of one or more 
2.26 	separate pages each of which shall state:
2.27 	(a) the office sought;
2.28 	(b) the candidate's name and residence address, including street and number if 
2.29 	any; and
2.30 	(c) the candidate's political party or political principle expressed in not more than 
2.31 	three words. No candidate who files for a partisan office by nominating petition shall use 
2.32 	the term "nonpartisan" as a statement of political principle or the name of the candidate's 
2.33 	political party. No part of the name of a major political party may be used to designate the 
3.1 	political party or principle of a candidate who files for a partisan office by nominating 
3.2 	petition, except that the word "independent" may be used to designate the party or 
3.3 	principle. A candidate who files by nominating petition to fill a vacancy in nomination for 
3.4 	a nonpartisan office pursuant to section 204B.13, shall not state any political principle or 
3.5 	the name of any political party on the petition.

3.6 	Sec. 5. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
3.7 		Subdivision 1. Candidates in state and county general elections. (a) Except as 
3.8 	otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 
3.9 	for county, state, and federal offices filled at the state general election shall be filed not 
3.10 	more than 70 days nor less than 56 days before the state primary. The affidavit may 
3.11 	be prepared and signed at any time between 60 days before the filing period opens and 
3.12 	the last day of the filing period. 
3.13 	(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 
3.14 	signed in the presence of a notarial officer or an individual authorized to administer oaths 
3.15 	under section 358.10. 
3.16 	(c) This provision does not apply to candidates for presidential elector nominated by 
3.17 	major political parties. Major party candidates for presidential elector are certified under 
3.18 	section 208.03. Other candidates for presidential electors may file petitions on or before 
3.19 	the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies 
3.20 	in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall 
3.21 	be accepted later than 5:00 p.m. on the last day for filing. 
3.22 	(d) Affidavits and petitions for county offices must be filed with the county auditor 
3.23 	of that county. Affidavits and petitions for federal offices must be filed with the secretary 
3.24 	of state. Affidavits and petitions for state offices must be filed with the secretary of state or 
3.25 	with the county auditor of the county in which the candidate resides. 
3.26 	(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted 
3.27 	by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and 
3.28 	must be received by 5:00 p.m. on the last day for filing. 

3.29 	Sec. 6. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
3.30 		Subd. 2.Petition in place of filing fee. At the time of filing an affidavit of 
3.31 	candidacy, a candidate may present a petition in place of the filing fee. The petition may 
3.32 	be signed by any individual eligible to vote for the candidate. A nominating petition filed 
3.33 	pursuant to section 204B.07or 204B.13, subdivision 4, is effective as a petition in place of 
4.1 	a filing fee if the nominating petition includes a prominent statement informing the signers 
4.2 	of the petition that it will be used for that purpose.  
4.3 	The number of signatures on a petition in place of a filing fee shall be as follows:
4.4 	(a) for a state office voted on statewide, or for president of the United States, or 
4.5 	United States senator, 2,000;
4.6 	(b) for a congressional office, 1,000;
4.7 	(c) for a county or legislative office, or for the office of district judge, 500; and
4.8 	(d) for any other office which requires a filing fee as prescribed by law, municipal 
4.9 	charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 
4.10 	votes cast in the municipality, ward, or other election district at the preceding general 
4.11 	election at which that office was on the ballot.
4.12 	An official with whom petitions are filed shall make sample forms for petitions in 
4.13 	place of filing fees available upon request.

4.14 	Sec. 7. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
4.15 		Subdivision 1.Death or withdrawal. A vacancy in nomination may be filled in the 
4.16 	manner provided by this section. A vacancy in nomination exists when:
4.17 	(a)(1) a major political party candidate or nonpartisan candidate who was nominated 
4.18 	at a primary dies or files an affidavit of withdrawal as provided in section 204B.12, 
4.19 	subdivision 2a; or 
4.20 	(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies 
4.21 	or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1.(2) a 
4.22 	major political party candidate who was nominated at a primary or the candidate's legal 
4.23 	guardian files an affidavit of vacancy at least one day prior to the general election with the 
4.24 	same official who received the affidavit of candidacy that states that:
4.25 	(i) the candidate has a catastrophic illness that was diagnosed after the deadline 
4.26 	for withdrawal; and
4.27 	(ii) the candidate's illness will permanently and continuously incapacitate the 
4.28 	candidate and prevent the candidate from performing the duties of the office sought.
4.29 	The affidavit must be accompanied by a certificate verifying that the candidate's 
4.30 	illness meets the requirements of this clause, signed by at least two licensed physicians.

4.31 	Sec. 8. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
4.32 		Subd. 2.Partisan office; nomination by party. (a) A vacancy in nomination for 
4.33 	partisan office shall be filled as provided in this subdivision effectively remove that office 
4.34 	from the ballot. Votes cast at the general election for that office are invalid and the office 
5.1 	must be filled in a special election held in accordance with section 204D.17, except as 
5.2 	provided by this section. 
5.3 	Except for the vacancy in nomination, all other candidates whose names would have 
5.4 	appeared on the general election ballot for this race must appear on the special election 
5.5 	ballot for this race. There must not be a primary to fill the vacancy in nomination.
5.6 	A major political party has the authority to fill a vacancy in nomination of that 
5.7 	party's candidate by filing a nomination certificate with the same official who received 
5.8 	the affidavits of candidacy for that office.
5.9 	(b) A major political party may provide in its governing rules a procedure, including 
5.10 	designation of an appropriate committee, to fill vacancies in nomination for all federal 
5.11 	and state offices elected statewide. The nomination certificate shall be prepared under the 
5.12 	direction of and executed by the chair and secretary of the political party and filed within 
5.13 	seven14  days after the vacancy in nomination occurs or before the 14th day before the 
5.14 	general election, whichever is sooner. If the vacancy in nomination occurs through the 
5.15 	candidate's death or catastrophic illness, the nomination certificate must be filed within 
5.16 	seven days after the vacancy in nomination occurs but no later than four days before 
5.17 	the general electionbut no later than seven days after the general election. The chair 
5.18 	and secretary when filing the certificate shall attach an affidavit stating that the newly 
5.19 	nominated candidate has been selected under the rules of the party and that the individuals 
5.20 	signing the certificate and making the affidavit are the chair and secretary of the party.

5.21 	Sec. 9. Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision 
5.22 	to read:
5.23 		Subd. 7.Date of special election. The special election must be held on the second 
5.24 	Tuesday in December.

5.25 	Sec. 10. Minnesota Statutes 2008, section 204B.13, is amended by adding a 
5.26 	subdivision to read:
5.27 		Subd. 8.Absentee voters. The county auditor shall mail an absentee ballot for 
5.28 	the special election under this section to each applicant for an absentee ballot whose 
5.29 	application for an absentee ballot for the preceding general election was recorded under 
5.30 	section 203B.04. If the vacancy in nomination is filled before the general election, the 
5.31 	county auditor shall mail the ballot no earlier than the general election and no later than 
5.32 	five days after the general election. If the vacancy is filled after the general election, the 
5.33 	county auditor must mail the ballot no later than five days after the vacancy is filled. 

6.1 	Sec. 11.  REPEALER.
 6.2 	Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions 
6.3 	4, 5, and 6; 204B.41; and 204D.169, are repealed.