SF 5248

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/01/2026 08:56 a.m.

A bill for an act
relating to elections; changing the date of the state primary from August to March;
amending requirements for the presidential nomination primary; modifying the
process to place legislative and congressional candidates on the ballot; establishing
a process for political parties to nominate legislative candidates to be placed on
the ballot; making technical and conforming changes; amending Minnesota Statutes
2024, sections 10A.20, subdivisions 2, 2a; 204B.03; 204B.09, subdivision 1;
204B.14, subdivision 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.05,
subdivision 1; 204D.08, subdivisions 1, 4, by adding a subdivision; 204D.09,
subdivision 1; 204D.10, subdivision 1; 204D.12; 204D.17, subdivision 2; 204D.20,
by adding a subdivision; 204D.22, subdivisions 1, 3, 4; 204D.23, subdivisions 1,
2, 5; 204D.24, subdivisions 1, 2; 204D.25, subdivision 1; 204D.27, subdivisions
1, 12; 204D.28, subdivisions 2, 6, 8, 9; 204D.29, subdivision 4, by adding a
subdivision; 205.065, subdivisions 1, 2; 205.10, subdivision 3a; 205A.03,
subdivisions 1, 2; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82,
subdivision 2; 207A.11; 207A.12; 207A.13, subdivision 1; Minnesota Statutes
2025 Supplement, sections 204B.14, subdivision 2; 204C.10; 204D.195; proposing
coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota
Statutes 2024, sections 202A.18, subdivision 2a; 204D.20, subdivisions 1, 2;
204D.21; 204D.27, subdivisions 2, 3, 5; 204D.28, subdivisions 5, 7; 204D.29,
subdivisions 2, 3; 207A.14; 207A.15.

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

Section 1.

Minnesota Statutes 2024, section 10A.20, subdivision 2, is amended to read:

Subd. 2.

Time for filing.

(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) to (f).

(b) In each year in which the name of a candidate for legislative or district court judicial
office is on the ballot, the report of the principal campaign committee must be filed 15 days
before a primary election and ten days before a general election, seven days before a special
primary election and seven days before a special general election, and ten days after a special
election cycle.

(c) In each general election year, a political committee, a political fund, a state party
committee, and a party unit established by all or a part of the party organization within a
house of the legislature must file reports on the following schedule:

(1) a deleted text begin first-quarter report covering the calendar year through March 31, which is due
April 14 deleted text end new text begin pre-primary-election report due 15 days before a primary election new text end ;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a deleted text begin pre-primary-election report due 15 days before a primary deleted text end new text begin pre-general-election
report due 91 days before the general new text end election;

(4) a pre-general-election report due 42 days before the general election; and

(5) a pre-general-election report due ten days before a general election.

(d) In each general election year, a party unit not included in paragraph (c) must file
reports 15 days before a primary election and ten days before a general election.

(e) In each year in which a constitutional office or appellate court judicial seat is on the
ballot, the principal campaign committee of a candidate for that office or seat must file
reports on the following schedule:

(1) a deleted text begin first-quarter report covering the calendar year through March 31, which is due
April 14 deleted text end new text begin pre-primary-election report due 15 days before a primary election new text end ;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a deleted text begin pre-primary-election report due 15 days before a primary deleted text end new text begin pre-general-election
report due 91 days before the general new text end election;

(4) a pre-general-election report due 42 days before the general election;

(5) a pre-general-election report due ten days before a general election; and

(6) for a special election, a constitutional office candidate whose name is on the ballot
must file reports seven days before a special primary election, seven days before a special
general election, and ten days after a special election cycle.

(f) Notwithstanding paragraphs (a) to (e):

(1) the principal campaign committee of a candidate who did not file for office is not
required to file deleted text begin the report due June 14, deleted text end the report due 15 days before the primary election deleted text begin , deleted text end
or the report due seven days before a special primary election; and

(2) the principal campaign committee of a candidate whose name will not be on the
general election ballot is not required to file new text begin the report due June 14, the report due 91 days
before the general election, new text end the report due 42 days before the general election, the report
due ten days before a general election, or the report due seven days before a special general
election.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028.
new text end

Sec. 2.

Minnesota Statutes 2024, section 10A.20, subdivision 2a, is amended to read:

Subd. 2a.

Local election reports.

(a) This subdivision applies to a political committee,
political fund, or political party unit that during a non-general election year:

(1) spends in aggregate more than $200 to influence the nomination or election of local
candidates;

(2) spends in aggregate more than $200 to make independent expenditures on behalf of
local candidates; or

(3) spends in aggregate more than $200 to promote or defeat ballot questions defined
in section 10A.01, subdivision 7, clause (2), (3), or (4).

(b) In addition to the reports required by subdivision 2, the entities listed in paragraph
(a) must file the following reports in each non-general election year:

(1) a deleted text begin first-quarter report covering the calendar year through March 31, which is due
April 14 deleted text end new text begin report due 15 days before the local primary election date specified in section
205.065 new text end ;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a deleted text begin July report due 15 days before the local primary election date specified in section
205.065 deleted text end new text begin pre-general-election report due 91 days before the general election new text end ;

(4) a pre-general-election report due 42 days before the local general election; and

(5) a pre-general-election report due ten days before a local general election.

The reporting obligations in this paragraph begin with the first report due after the
reporting period in which the entity reaches the spending threshold specified in paragraph
(a). The deleted text begin July deleted text end report required under clause (3) is required for all entities required to report
under paragraph (a), regardless of whether the candidate or issue is on the primary ballot
or a primary is not conducted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028.
new text end

Sec. 3.

Minnesota Statutes 2024, section 204B.03, is amended to read:

204B.03 MANNER OF NOMINATION.

new text begin (a) Except as provided in paragraph (b), new text end candidates of a major political party for any
partisan office except presidential elector and all candidates for nonpartisan office shall
apply for a place on the primary ballot by filing an affidavit of candidacy as provided in
section 204B.06, and except as otherwise provided in section 204D.07, subdivision 3, shall
be nominated by primary. Candidates for any partisan office who do not seek the nomination
of a major political party shall be nominated by nominating petition as provided in sections
204B.07 and 204B.08, and, except for presidential elector candidates, shall file an affidavit
of candidacy as provided in section 204B.06.

new text begin (b) Candidates of a major political party for legislative or congressional office shall not
apply for a place on the primary ballot, but shall be nominated as provided in section
204B.125. Major party candidates for legislative or congressional office must file an affidavit
of candidacy as provided in section 204B.125.
new text end

Sec. 4.

Minnesota Statutes 2024, 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 84 days nor less than 70 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 at least 77 days
before the general election 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.

new text begin (d) This provision does not apply to candidates for legislative or congressional office
nominated by major political parties. Major party candidates for legislative or congressional
office are nominated under section 204B.125.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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 maintains residence.

deleted text begin (e) deleted text end new text begin (f) new text end 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. 5.

new text begin [204B.125] NOMINATION OF MAJOR PARTY CANDIDATES FOR
LEGISLATIVE OR CONGRESSIONAL OFFICE.
new text end

new text begin (a) A major political party may, by caucus, nominate one person for each legislative and
congressional office that is to be filled at the next general election and file a certificate of
nomination as provided in this section. The major political party may prescribe rules to
determine candidates for nomination. A certificate of nomination must be signed by the
presiding officer and a secretary of the caucus making the nomination. The certificate of
nomination must include the name and address of the nominee, the names and addresses of
the signatories of the certificate, and an oath that, to the best of their knowledge and belief,
the certificates and the statements made therein are true.
new text end

new text begin (b) Except in the case of a special election, the certificate of nomination must be submitted
to the secretary of state on or before the first Tuesday in June. Once submitted, no changes
may be made to the candidates that will appear on the ballot except where provided by law.
The secretary of state must transmit the list of nominated candidates to each county auditor.
new text end

new text begin (c) By the third Tuesday in June, a candidate nominated pursuant to this section must
submit an affidavit of candidacy as provided in section 204B.06 and pay the filing fee or
submit a petition in place of a filing fee as provided in section 204B.11. A candidate who
fails to meet the requirements of this paragraph must not be placed on the general election
ballot.
new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, 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
November 1 deleted text begin if a presidential nomination primary is scheduled to occur in the following
year or May 1 of any other year deleted text end new text begin in the year prior to the general election year new text end :

(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 contiguous precincts in the same municipality;

(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.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after deleted text begin May deleted text end new text begin November new text end 1 of deleted text begin any deleted text end new text begin the new text end year new text begin prior to the general election year
new text end in the event of an emergency.

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, and the
county auditor must provide notice within ten days to the secretary of state, in a manner
and including information prescribed by the secretary of state. 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 October 1 deleted text begin if a presidential nomination primary is scheduled to occur in the
following year or April 1 of any other year deleted text end new text begin in the year prior to the general election year new text end ,
and the county auditor must provide notice within ten days to the secretary of state, in a
manner and including information prescribed by the secretary of state.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. In a precinct that uses electronic rosters, the secretary
of state shall provide separate data files for each precinct and the election official responsible
for the electronic rosters may combine the files as necessary to be loaded onto one or more
electronic rosters, provided that the requirements under section 201.225, subdivision 2, are
met. The secretary of state and county auditor must provide guidance to the election judges
serving in a combined polling place on the procedures to be used to ensure each voter is
provided the correct ballot for that voter's precinct. 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.
In addition to other required informational material and notices, a map showing the precincts
served by the combined polling place, along with a notice that multiple ballot styles are in
use, must be prominently displayed near the entrance to the combined polling place.

(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after deleted text begin May deleted text end new text begin November new text end 1 new text begin of the year prior to the
general election year new text end and until the polls close on election day;

(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's website,
if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.

Sec. 7.

Minnesota Statutes 2024, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election
precinct must be adopted deleted text begin at least ten weeks before the date of the next election and, for the
state primary and general election or presidential nomination primary, deleted text end no later than December
1 deleted text begin in the year prior to the year of the state general election deleted text end new text begin in the year prior to the general
election year new text end . 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 56 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 before 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. 8.

Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and secretary of state.

On
deleted text begin May deleted text end new text begin December new text end 1 in a year deleted text begin in which deleted text end new text begin before new text end there is an election for a partisan political office,
each major political party shall prepare a list of eligible voters to act as election judges in
each election precinct. The list provided by the party must indicate which eligible voters
are willing to travel to a precinct outside of their home jurisdiction to act as an election
judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose.
The political parties shall furnish the lists electronically to the secretary of state, in a format
specified by the secretary of state. The secretary of state must combine the data received
from each political party under this subdivision and must process the data to locate the
precinct in which the address provided for each potential election judge is located. If the
data submitted by a political party is insufficient for the secretary of state to locate the proper
precinct, the associated name must not appear in any list forwarded to an appointing authority
under this subdivision. The secretary of state shall notify political parties of any proposed
election judges with addresses that could not be located in a precinct.

By deleted text begin May deleted text end new text begin December new text end 15 new text begin of the year prior to the general election year new text end , the secretary of state
shall furnish electronically to the county auditor a list of the appropriate names for each
election precinct in the jurisdiction of the appointing authority, and a list of the names of
individuals residing outside of the jurisdiction who indicated a willingness to travel to that
jurisdiction to act as an election judge, noting the political party affiliation of each individual
on the list. The county auditor must promptly forward the appropriate names to the
appropriate municipal clerk.

Sec. 9.

Minnesota Statutes 2025 Supplement, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual:

(1) is at least 18 years old;

(2) is a citizen of the United States;

(3) has maintained residence in Minnesota for 20 days immediately preceding the election;

(4) maintains residence at the address or location shown;

(5) is not under a guardianship in which the court order revokes the individual's right to
vote;

(6) has not been found by a court of law to be legally incompetent to vote;

(7) has the right to vote because, if the individual was convicted of a felony, the individual
is not currently incarcerated for that conviction;

(8) is registered; and

(9) has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."

(b) At the deleted text begin presidential nomination deleted text end new text begin state new text end primary, the polling place roster must also state:
" new text begin If I participate in the presidential nomination primary, new text end I am in general agreement with the
principles of the party for whose candidate I intend to vote." This statement must appear
separately from the statements required in paragraph (a). The felony penalty provided for
in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 10.

Minnesota Statutes 2024, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

new text begin Except as otherwise provided in this subdivision, new text end the
state primary shall be held on the deleted text begin second deleted text end new text begin first new text end Tuesday in deleted text begin August deleted text end new text begin March 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. new text begin In the year of the presidential election, the state primary must be held
on the date of the presidential nomination primary as provided in section 207A.11.
new text end

Sec. 11.

Minnesota Statutes 2024, section 204D.05, subdivision 1, is amended to read:

Subdivision 1.

State partisan primary ballot.

The state partisan primary ballot shall
contain the names of the candidates seeking the nomination of each major political party
for the partisan offices filled at the state general election. new text begin Candidates for legislative and
congressional office must not be placed on the state partisan primary ballot. In the year of
the presidential election, the state partisan primary ballot must also include the presidential
nomination primary ballot.
new text end

Sec. 12.

Minnesota Statutes 2024, section 204D.08, subdivision 1, is amended to read:

Subdivision 1.

Form.

new text begin (a) new text end Except as provided in this section, state primary ballots shall
be printed in the same manner as state general election ballots as far as practicable.
new text begin Candidates for legislative and congressional office must not be placed on the state partisan
primary ballot. new text end A sufficient number shall be printed for each precinct and ward in the state.

new text begin (b) new text end The secretary of state shall adopt rules for the format and preparation of the state
primary ballot.

Sec. 13.

Minnesota Statutes 2024, section 204D.08, subdivision 4, is amended to read:

Subd. 4.

State partisan primary ballot; party columns.

The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. There must be at least three vertical columns on the ballot and each
major political party shall have a separate column headed by the words ".......... Party,"
giving the party name. Above the party names, the following statement shall be printed.

"Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."

If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party shall
be listed in that party's column. If only one individual files an affidavit of candidacy seeking
the nomination of a major political party for an office, the name of that individual shall be
placed on the state partisan primary ballot at the appropriate location in that party's column.

In each column, the candidates deleted text begin for senator in Congress shall be listed first, candidates
for representative in Congress second, candidates for state senator third, candidates for state
representative fourth and then candidates deleted text end for state office new text begin shall be listed new text end in the order specified
by the secretary of state. Vacant offices being filled by special election must be listed with
other offices of that type, but after any office of that type for which a candidate will be
elected for a full term.

The party columns shall be substantially the same in width, type, and appearance. The
columns shall be separated by a 12-point solid line.

Sec. 14.

Minnesota Statutes 2024, section 204D.08, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Presidential nomination primary ballot. new text end

new text begin In the year of the presidential election,
there must be separate ballots that include a presidential nomination primary ballot for each
political party participating in the presidential nomination primary, as defined in chapter
207A. The state primary ballot must be designed so that the presidential nomination primary
ballot appears first on the ballot and conforms to the requirements of chapter 207A. The
state primary ballot must be printed on the same ballot and appear below the presidential
nomination primary ballot. There must also be a ballot without a presidential nomination
primary ballot section for voters who do not wish to participate in the presidential nomination
primary.
new text end

Sec. 15.

Minnesota Statutes 2024, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

No later than deleted text begin May deleted text end new text begin December new text end 1 of each year new text begin prior to the
general election year new text end , the secretary of state shall supply each auditor with a copy of an
example ballot to be used at the state primary and state general election. The example ballot
must illustrate the format required for the ballots used in the primary and general elections
that year. new text begin In a year when the presidential nomination primary is conducted, the example
ballot must include the presidential nomination primary ballot. new text end 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. 16.

Minnesota Statutes 2024, section 204D.10, subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

new text begin Except as provided in section 204B.125,
new text end the candidate for nomination of a major political party for a partisan office on the state
partisan primary ballot who receives the highest number of votes shall be the nominee of
that political party for that office.

Sec. 17.

Minnesota Statutes 2024, section 204D.12, is amended to read:

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor shall place on the appropriate
state general election ballot the name of every candidate:

(1) whose nomination at the state primary has been certified by the appropriate canvassing
board;

(2) new text begin who has been nominated for legislative or congressional office pursuant to section
204B.125;
new text end

new text begin (3) new text end who has been nominated by petition, including candidates certified by the secretary
of state; and

deleted text begin (3) deleted text end new text begin (4) new text end who was nominated and whose name was omitted from the state nonpartisan
primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly nominated
candidates may be placed on a ballot.

Sec. 18.

Minnesota Statutes 2024, section 204D.17, subdivision 2, is amended to read:

Subd. 2.

Two or more vacancies.

Two or more vacancies may be filled at the same
special election deleted text begin and the candidates may be nominated at the same special primary deleted text end . Any
special deleted text begin primary or special deleted text end election held pursuant to sections 204D.17 to 204D.27 may be
held on the same day as any other election.

Sec. 19.

Minnesota Statutes 2025 Supplement, section 204D.195, is amended to read:

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

Notwithstanding any other provision of law, a deleted text begin special primary and deleted text end special general election
may not be held deleted text begin :
deleted text end

deleted text begin (1) for a period beginning the day following the date of the state primary election and
ending the day prior to the date of the state general election; or
deleted text end

deleted text begin (2) deleted text end on a holiday, or during the two days before or after a holiday, as defined in section
645.44, subdivision 5.

Sec. 20.

Minnesota Statutes 2024, section 204D.20, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Major party nomination. new text end

new text begin Major party candidates to fill a vacancy must be
nominated as provided in section 204B.125.
new text end

Sec. 21.

Minnesota Statutes 2024, section 204D.22, subdivision 1, is amended to read:

Subdivision 1.

Filing with secretary of state.

A writ calling for a special election shall
state the office to be filled, new text begin the deadline for a major political party to nominate a candidate
and the deadline for major political party candidates to file an affidavit of candidacy, new text end the
opening and closing dates of filing for candidacy new text begin for candidates that are not from a major
political party new text end , and the deleted text begin dates deleted text end new text begin date new text end of the deleted text begin special primary and deleted text end special election. The writ shall
be filed with the secretary of state immediately upon issuance.

Sec. 22.

Minnesota Statutes 2024, section 204D.22, subdivision 3, is amended to read:

Subd. 3.

Notice of special election.

The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the deleted text begin special primary and deleted text end special election deleted text begin at least seven days before
the special primary and deleted text end at least 14 days before the special election in the manner provided
in sections 204B.33 and 204B.34. deleted text begin If the special primary is to be held 14 days before the
special election, a single notice of both elections may be posted seven days before the
primary.
deleted text end

When the deleted text begin special primary or deleted text end special election is to be held on the same day as any other
election, notice of the deleted text begin special primary or deleted text end special election may be included in the notice of
the other election, if practicable.

Sec. 23.

Minnesota Statutes 2024, section 204D.22, subdivision 4, is amended to read:

Subd. 4.

Failure of notice.

No omission or defect in any notice required to be given by
this section shall invalidate a deleted text begin special primary or deleted text end special election.

Sec. 24.

Minnesota Statutes 2024, section 204D.23, subdivision 1, is amended to read:

Subdivision 1.

Place and manner of filing.

new text begin (a) Major political party candidates shall
be nominated to the secretary of state and shall file affidavits of candidacy and pay the fees
in the same manner as provided in section 204B.125.
new text end

new text begin (b) Minor party new text end candidates for nomination to fill a vacancy at a special deleted text begin primary deleted text end new text begin election new text end
shall file their affidavits of candidacy and nominating petitions with the same officers and
in the same manner and shall pay the same fees as provided by law for candidates for like
offices at the state deleted text begin primary deleted text end new text begin election new text end .

Sec. 25.

Minnesota Statutes 2024, section 204D.23, subdivision 2, is amended to read:

Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin 14 deleted text end new text begin 21 new text end days before the special deleted text begin primary deleted text end new text begin election new text end .

Sec. 26.

Minnesota Statutes 2024, section 204D.23, subdivision 5, is amended to read:

Subd. 5.

Withdrawal of candidates.

A candidate may withdraw from the special deleted text begin primary deleted text end new text begin
election new text end ballot by filing an affidavit of withdrawal with the same official who received the
affidavit of candidacy. The affidavit of withdrawal must be filed no later than 5:00 p.m. of
the day after the last day for filing affidavits of candidacy.

Sec. 27.

Minnesota Statutes 2024, section 204D.24, subdivision 1, is amended to read:

Subdivision 1.

Precincts; polling places; officials.

The election precincts, polling places
and officials for any deleted text begin special primary or deleted text end special election shall be the same as at the last
preceding general election in that municipality unless changed according to law. When a
deleted text begin special primary or deleted text end special election is held on the same day as another primary or election,
the same precincts, polling places and officials shall be used for both. If separate special
election ballots are required pursuant to section 204D.25, separate ballot boxes shall be
used.

Sec. 28.

Minnesota Statutes 2024, section 204D.24, subdivision 2, is amended to read:

Subd. 2.

Voter registration.

An individual may register to vote at a deleted text begin special primary or deleted text end
special election at any time before the day that the polling place rosters for the deleted text begin special
primary or deleted text end special election are prepared by the secretary of state. The secretary of state shall
provide the county auditors with notice of this date at least seven days before the printing
of the rosters. This subdivision does not apply to a special election held on the same day as
the state primary, state general election, or the regularly scheduled primary or general
election of a municipality, school district, or special district.

Sec. 29.

Minnesota Statutes 2024, section 204D.25, subdivision 1, is amended to read:

Subdivision 1.

Form.

Except as provided in subdivision 2, the county auditor must
prepare separate ballots for a deleted text begin special primary and deleted text end special election as required by sections
204D.17 to 204D.27. The ballots must be headed deleted text begin "Special Primary Ballot" or deleted text end "Special
Election Ballot" deleted text begin as the case may be deleted text end , followed by the date of the deleted text begin special primary or deleted text end special
election. Immediately below the title of each office to be filled must be printed the words
"To fill vacancy in term expiring ..........," with the date of expiration of the term and any
other information that is necessary to distinguish the office from any other office to be voted
upon at the same election. For a deleted text begin special primary or deleted text end special election, the instructions to voters
may use the singular form of the word when referring to candidates and offices when only
one office is to be filled at the special election. Otherwise the form of the ballots must
comply as far as practicable with the laws relating to ballots for deleted text begin state primaries and deleted text end state
general elections. The county auditor must post a sample deleted text begin of each deleted text end ballot in the auditor's office
as soon as prepared and not later than four days before the deleted text begin special primary or deleted text end special election.
Publication of the notice to voters pursuant to section 204D.16 for a deleted text begin special primary or deleted text end
special election is not required.

Sec. 30.

Minnesota Statutes 2024, section 204D.27, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The returns of a deleted text begin special primary or deleted text end special election
held pursuant to sections 204D.17 to 204D.27 shall be delivered promptly upon completion
to the county auditor of the county in which the deleted text begin special primary or deleted text end special election is held.
Except as provided in subdivisions 2 to 4, the county canvassing board shall canvass and
certify the returns to the secretary of state on the next day, excluding Sundays and legal
holidays, following the deleted text begin special primary or deleted text end special election.

Sec. 31.

Minnesota Statutes 2024, section 204D.27, subdivision 12, is amended to read:

Subd. 12.

Recounts.

In a deleted text begin special primary or deleted text end special election, the provisions of section
204C.35 apply, except that the secretary of state may immediately proceed to recount the
votes upon review of the certified reports of the county canvassing boards if it is apparent
from the review that a recount is required.

Sec. 32.

Minnesota Statutes 2024, section 204D.28, subdivision 2, is amended to read:

Subd. 2.

Definitions.

The definitions in subdivisions 3 deleted text begin to 5 deleted text end new text begin and 4 new text end apply to this section.

Sec. 33.

Minnesota Statutes 2024, section 204D.28, subdivision 6, is amended to read:

Subd. 6.

Special election required; exception; when held.

new text begin (a) new text end 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.

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

Sec. 34.

Minnesota Statutes 2024, 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 16 weeks
before the deleted text begin special primary deleted text end new text begin first Tuesday in June preceding the special election new text end , except that
if the vacancy occurs 16 weeks or less before the deleted text begin special primary deleted text end new text begin first Tuesday in June new text end , 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 new text begin , new text end
and the deleted text begin dates deleted text end new text begin date new text end of the deleted text begin special primary and deleted text end 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. 35.

Minnesota Statutes 2024, section 204D.28, subdivision 9, is amended to read:

Subd. 9.

Filing by candidates.

new text begin (a) Major party candidates shall be nominated as provided
in section 204B.125. The certificate of nomination must be filed with the secretary of state
no later than the first Tuesday in June preceding the special election.
new text end

new text begin (b) new text end The time for filing deleted text begin of affidavits deleted text end and nominating petitions for candidates to fill a
vacancy at a special election shall open 12 weeks before the deleted text begin special primary deleted text end new text begin first Tuesday
in June preceding the special election new text end or on the day the secretary of state issues notice of
the special election, whichever occurs later. Filings shall close ten weeks before the deleted text begin special
primary deleted text end new text begin first Tuesday in June new text end . A candidate filing for the office of United States senator to
fill a vacancy at a special election when both offices of United States senator are required
to be placed on the same ballot must specify on the affidavit of candidacy the expiration
date of the term of the office that the candidate is seeking.

Sec. 36.

Minnesota Statutes 2024, section 204D.29, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Vacancy more than 22 weeks before general election. new text end

new text begin (a) If a vacancy occurs
more than 22 weeks before the general election, the governor must issue a writ within three
days of the vacancy for a special election for that office to be held no later than 35 days
after the issuance of the writ. The filing period for minor party candidates for the vacancy
must be a minimum of three days, excluding holidays. The period for major parties to submit
a certificate of nomination shall run concurrently with the filing period. There must be a
one-day period for withdrawal of candidates after the last day for filing. Candidates for a
special election under this subdivision are not subject to the prohibition in section 204B.06
against having more than one affidavit of candidacy on file for the same election.
new text end

new text begin (b) The winner of a special election under this subdivision shall serve the remainder of
the vacant term and is eligible to be seated in Congress upon issuance of the certificate of
election. The winner of the regularly scheduled term for that office at the general election
shall take office on the day new members of Congress take office.
new text end

Sec. 37.

Minnesota Statutes 2024, section 204D.29, subdivision 4, is amended to read:

Subd. 4.

Vacancy 22 or fewer weeks before deleted text begin state primary but before deleted text end general election
day.

(a) If a vacancy occurs deleted text begin from deleted text end 22 weeks before deleted text begin the state primary to the day before deleted text end the
general election, no special election will be held. The winner of the general election for the
next full term for that office will serve the remainder of the unexpired term and is eligible
to be seated in Congress immediately upon issuance of a certificate of election.

(b) If the incumbent deleted text begin filed an affidavit of candidacy deleted text end new text begin is nominated pursuant to section
204B.125 new text end for reelection as the candidate of a major political party and was nominated for
the general election ballot by that party and a vacancy occurs deleted text begin from the day of the state
primary until the date of the deleted text end new text begin during the 22 weeks before the new text end general election, there is a
vacancy in nomination to be resolved pursuant to section 204B.13.

Sec. 38.

Minnesota Statutes 2024, 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 second Tuesday in August deleted text end new text begin first Tuesday of
March new text end of any year in which a municipal general election is to be held for the purpose of
electing officers new text begin , except that in a year of the presidential election, a municipal primary must
be held on the date of the presidential nomination primary as provided in section 207A.11 new text end .
The date of a municipal primary held in an odd-numbered year may be postponed for
inclement weather as provided in section 205.105.

Sec. 39.

Minnesota Statutes 2024, 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 by deleted text begin April deleted text end new text begin October new text end 15 in the year new text begin prior to the year new text end when a municipal general
election is held, 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. 40.

Minnesota Statutes 2024, section 205.10, subdivision 3a, is amended to read:

Subd. 3a.

Uniform election dates.

(a) Except as allowed in paragraph (b) and subdivision
4, a special election held in a city or town must be held on one of the following dates: the
second Tuesday in deleted text begin February deleted text end new text begin January new text end , the second Tuesday in April, the second Tuesday in
May, the second Tuesday in August, or the first Tuesday after the first Monday in November.
A home rule charter city must not designate additional dates in its charter.

(b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.

Sec. 41.

Minnesota Statutes 2024, 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 April deleted text end new text begin October new text end 15 of deleted text begin any year deleted text end new text begin the
year prior to the general election year new text end , 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. 42.

Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the deleted text begin second deleted text end new text begin first new text end Tuesday in
deleted text begin August deleted text end new text begin March new text end in the year when the school district general election is held new text begin , except that in a
year of the presidential election, a municipal primary must be held on the date of the
presidential nomination primary as provided in section 207A.11 new text end . The clerk shall give notice
of the primary in the manner provided in section 205A.07. The date of a school district
primary held in an odd-numbered year may be postponed for inclement weather as provided
in section 205A.055.

Sec. 43.

Minnesota Statutes 2024, 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 the deleted text begin second
Tuesday in August deleted text end new text begin date identified in section 204D.03, subdivision 1 new text end , the Tuesday following
the first Monday in November, or for a special election conducted entirely by mail. A notice
that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 44.

Minnesota Statutes 2024, 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.

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 deleted text begin May deleted text end new text begin December new text end 1 deleted text begin of deleted text end new text begin prior
to new text end the year when the rotation will be made as the basis for determining the rotation of names.

Sec. 45.

Minnesota Statutes 2024, 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. Before deleted text begin May deleted text end new text begin December new text end 1 deleted text begin of deleted text end new text begin prior to new text end 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 Department of Information Technology Services 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. 46.

Minnesota Statutes 2024, section 207A.11, is amended to read:

207A.11 PRESIDENTIAL NOMINATION PRIMARY ESTABLISHED.

(a) A presidential nomination primary must be held each year in which a president and
vice president of the United States are to be nominated and elected.

(b) The party chairs must jointly submit to the secretary of state, no later than March 1
in a year prior to a presidential election year, the single date on which the parties have agreed
to conduct the presidential nomination primary in the next year. The date selected must not
be the date of the town general election provided in section 205.075, subdivision 1. If a date
is not jointly submitted by the deadline, the presidential nomination primary must be held
on the first Tuesday in March in the year of the presidential election. deleted text begin No other election may
be conducted on the date of the presidential nomination primary.
deleted text end

(c) The secretary of state must adopt rules to implement the provisions of this chapter.
The secretary of state shall consult with the party chairs throughout the rulemaking process,
including seeking advice about possible rules before issuing a notice of intent to adopt rules,
consultation before the notice of comment is published, consultation on the statement of
need and reasonableness, consultation in drafting and revising the rules, and consultation
regarding any modifications to the rule being considered.

(d) This chapter only applies to a major political party that selects delegates at the
presidential nomination primary to send to a national convention. A major political party
that does not participate in a national convention is not eligible to participate in the
presidential nomination primary.

(e) For purposes of this chapter, "political party" or "party" means a major political party
as defined in section 200.02, subdivision 7, that is eligible to participate in the presidential
nomination primary.

Sec. 47.

Minnesota Statutes 2024, section 207A.12, is amended to read:

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a) new text begin The presidential nomination primary must be held in conjunction with the state
primary election. new text end Except as otherwise provided by law, the presidential nomination primary
must be conducted, and the results canvassed and returned, in the manner provided by law
for the state primary. new text begin All notice and publication requirements applicable to the state primary
apply to the presidential nomination primary in years when the presidential nomination
primary is conducted.
new text end

(b) An individual deleted text begin seeking deleted text end new text begin voting at the state primary election that seeks new text end to vote at the
presidential nomination primary must be registered to vote pursuant to section 201.054,
subdivision 1. The voter must request the ballot of the party for whose candidate the
individual wishes to vote. Notwithstanding section 204C.18, subdivision 1, the election
judge must record in the polling place roster the name of the political party whose ballot
the voter requested. When posting voter history pursuant to section 201.171, the county
auditor must include the name of the political party whose ballot the voter requested. The
political party ballot selected by a voter is private data on individuals as defined under
section 13.02, subdivision 12, except as provided in section 201.091, subdivision 4a. A
voter eligible to cast a ballot as provided in section 5B.06 must be permitted to cast a ballot
at the presidential nomination primary consistent with the requirements of that section.

(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.

deleted text begin (d) The results of the presidential nomination primary must bind the election of delegates
in each party.
deleted text end

Sec. 48.

Minnesota Statutes 2024, section 207A.13, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided by law, presidential nomination primary
ballots shall be printed in the same manner as state primary ballots as far as practicable. A
sufficient number of each ballot shall be printed for each precinct and ward in the state.

(b) There must be separate ballots for the names of the candidates of each participating
political party. Each ballot must be headed by the words "Presidential Nomination Primary
Ballot." The heading must also indicate the party that appears on the ballot. new text begin The presidential
nomination primary ballot must be included first on the state primary ballot as provided in
section 204D.08.
new text end

(c) If requested by a party chair, the ballot for that participating party must contain a
place for a voter to indicate a preference for having delegates to the party's national
convention remain uncommitted. If requested by a party chair, the ballot for that participating
party must contain a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot. A request under this
paragraph must be submitted to the secretary of state no later than 63 days before the
presidential nomination primary.

Sec. 49. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 202A.18, subdivision 2a; 204D.20, subdivisions 1
and 2; 204D.21; 204D.27, subdivisions 2, 3, and 5; 204D.28, subdivisions 5 and 7; 204D.29,
subdivisions 2 and 3; 207A.14; and 207A.15, new text end new text begin are repealed.
new text end

Sec. 50. new text begin EFFECTIVE DATE.
new text end

new text begin Except where otherwise specified, this act is effective on January 1, 2027, and applies
to elections held on or after January 1, 2028.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-08444

202A.18 CAUCUS, PROCEDURE.

Subd. 2a.

Preference ballot for governor.

In a year when the office of governor appears on the state general election ballot, prior to the opening of nominations for the election of permanent offices and delegates, a ballot must be distributed to permit caucus participants to indicate their preference for the office of the governor. The results of preference voting must be reported to the secretary of state immediately upon conclusion of the voting, in the manner provided by the secretary of state. The secretary of state shall provide the appropriate forms to the party for reporting the results.

204D.20 NOMINATIONS; VACANCY.

Subdivision 1.

Special primary.

Except as provided in subdivision 2, the candidates of the major political parties to fill a vacancy shall be nominated at a special primary. The candidate of each party who receives the highest number of votes at the special primary shall be nominated.

Subd. 2.

No special primary; when.

No special primary shall be held to nominate candidates to fill a vacancy if only one individual from each major political party files as a candidate for that party's nomination. In that case, the individuals who have filed are nominated.

204D.21 TIME OF SPECIAL PRIMARY.

Subdivision 1.

Nomination at state primary.

When a special election is to be held on the same day as the state general election, as provided in section 204D.19, subdivision 1, candidates for nomination to fill the vacancy shall be nominated at the state primary.

Subd. 2.

Nomination at special primary on day of regular primary.

Candidates for nomination to fill a vacancy shall be nominated at a special primary on the day of the regular state primary when the vacancy is to be filled at a special election to be held more than 14 days after the regular state primary.

Subd. 3.

Nomination at special primary on other day.

In all cases other than those provided in subdivisions 1 and 2, a special primary for the nomination of candidates shall be held not later than the 14th day before the special election.

204D.27 SPECIAL ELECTION RETURNS.

Subd. 2.

County canvass; special primary on day of regular state primary.

When a special primary is held on the day of the state primary and the special election will be held on the day of the next state general election, the returns of the special primary shall be canvassed and certified by the county canvassing board at their regular meeting.

Subd. 3.

State canvass; special primary.

When the special primary is held on the day of the state primary and the special election will be held more than 20 days after that day, the returns of the special primary shall be canvassed by the county canvassing board at its regular meeting.

Subd. 5.

Canvass; special primary; state canvassing board; contest.

Not later than four days after the returns of the county canvassing boards are certified to the secretary of state, the State Canvassing Board shall complete its canvass of the special primary. The secretary of state shall then promptly certify to the county auditors the names of the nominated individuals, prepare notices of nomination, and notify each nominee of the nomination. In case of a contest of a special primary for state senator or state representative, the notice of contest must be filed within two days, excluding Sundays and legal holidays, after the canvass is completed, and the contest shall otherwise proceed in the manner provided by law for contesting elections.

204D.28 UNITED STATES SENATE VACANCY; MANNER OF FILLING.

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 on the second Tuesday in August of odd-numbered years.

Subd. 7.

Special primary; when held.

A special primary shall be held at the regular state primary preceding the November election at which the special election is held.

204D.29 REPRESENTATIVE IN CONGRESS VACANCY.

Subd. 2.

Vacancy 27 weeks or more before state primary.

(a) If a vacancy occurs 27 weeks or more before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held between 20 and 24 weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary must be held 11 weeks before the special election or on the second Tuesday in August if the general election is held on the first Tuesday after the first Monday in November if any major party has more than one candidate after the time for withdrawal has expired.

(b) The filing period for a special election under this subdivision must end on or before the 131st day before the special election. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing.

Subd. 3.

Vacancy more than 22 weeks but fewer than 27 weeks before state primary.

(a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held on the day of the state primary with a special primary held 11 weeks before the state primary, if any major party has more than one candidate after the time for withdrawal has expired. The regularly scheduled election to fill the next full term shall proceed pursuant to law.

(b) The filing period for a special election under this subdivision must end on or before the 147th day before the state primary. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing. Candidates for a special election under this subdivision are not subject to the prohibition in section 204B.06 against having more than one affidavit of candidacy on file for the same election.

(c) The winner of a special election on the day of the state primary under this subdivision shall serve the remainder of the vacant term and is eligible to be seated in Congress upon issuance of the certificate of election. The winner of the regularly scheduled term for that office at the general election shall take office on the day new members of Congress take office.

207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; EXAMPLE BALLOTS.

Subdivision 1.

Notice of primary to counties and municipalities.

Twenty weeks before a presidential nomination primary is to be held, the secretary of state shall provide notice to the county auditor of each county of the date of the presidential nomination primary. Within ten days after notification by the secretary of state, each county auditor shall provide notice of the date of the presidential nomination primary to each municipal clerk in the county.

Subd. 2.

Example ballots.

No later than 70 days before the presidential nomination primary, the secretary of state must supply each county auditor with example ballots to be used at the presidential nomination primary. The example ballots must illustrate the format required for the ballots used in the presidential nomination primary.

Subd. 3.

Notice of primary to public.

At least 15 days before the date of the presidential nomination primary, each municipal clerk shall post a public notice stating the date of the presidential nomination primary, the location of each polling place in the municipality, the hours during which the polling places in the municipality will be open, and information about the requirements of section 207A.12, paragraph (b). The county auditor shall post a similar notice in the auditor's office with information for any polling places in unorganized territory in the county. The governing body of a municipality or county may publish the notice in addition to posting it. Failure to give notice does not invalidate the election.

207A.15 PRESIDENTIAL NOMINATION PRIMARY ELECTION EXPENSES; LOCAL REIMBURSEMENT.

Subdivision 1.

Presidential nomination primary elections account; special revenue fund.

(a) A presidential nomination primary elections account is created in the special revenue fund.

(b) No later than September 1 of the year preceding a presidential election year, the secretary of state shall certify to the commissioner of management and budget the estimated state and local cost of administering the presidential nomination primary election. The secretary of state may make supplemental certifications to the commissioner of management and budget if new information indicates that the actual costs of conducting the election will exceed the secretary's initial estimate.

(c) Within 15 days of a certification under paragraph (b), the commissioner of management and budget must transfer an amount equal to the certification from the general fund to the presidential nomination primary elections account. The funds in the presidential nomination primary elections account are appropriated to the secretary of state for:

(1) state costs associated with administering the presidential nomination primary election; and

(2) making the reimbursements required by subdivision 2.

The commissioner of management and budget must transfer back to the general fund any funds remaining in the presidential nomination primary elections account 120 days after the results of a presidential nomination primary election have been certified by the State Canvassing Board.

Subd. 2.

Reimbursable local expenses.

(a) The secretary of state must reimburse the counties and municipalities for expenses incurred in the administration of the presidential nomination primary from money contained in the presidential nomination primary elections account. The following expenses are eligible for reimbursement: preparation and printing of ballots; postage for absentee ballots; publication of notice to voters pursuant to section 204D.16; preparation of polling places in an amount not to exceed $150 per polling place; preparation of electronic voting systems in an amount not to exceed $100 per precinct; compensation for temporary staff or overtime payments; salaries of election judges; compensation of county canvassing board members; and other expenses as approved by the secretary of state.

(b) Within 60 days after the results of a presidential nomination primary are certified by the State Canvassing Board, the county auditor must submit a request for payment of the costs incurred by the county for conducting the presidential nomination primary, and the municipal clerk must submit a request for payment of the costs incurred by the municipality for conducting the presidential nomination primary. The request for payment must be submitted to the secretary of state, and must be accompanied by an itemized description of actual county or municipal expenditures, including copies of invoices. In addition, the county auditor or municipal clerk must certify that the request for reimbursement is based on actual costs incurred by the county or municipality in the presidential nomination primary.

(c) The secretary of state must provide each county and municipality with the appropriate forms for requesting payment and certifying expenses under this subdivision. The secretary of state must not reimburse expenses unless the request for payment and certification of costs has been submitted as provided in this subdivision. The secretary of state must complete the issuance of reimbursements to the counties and municipalities no later than 90 days after the results of the presidential nomination primary have been certified by the State Canvassing Board.