HF 142

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing the date of the state 
  1.3             party nominating election and primary; changing 
  1.4             requirements for names appearing on the state party 
  1.5             nominating election ballot; changing certain 
  1.6             terminology; repealing the presidential primary; 
  1.7             amending Minnesota Statutes 1994, sections 204B.03; 
  1.8             204B.06, subdivisions 5 and 7; 204B.08, subdivisions 1 
  1.9             and 2; 204B.09, subdivision 1; 204B.10, subdivisions 
  1.10            2, 3, and 4; 204B.11; 204B.12, subdivision 1; 204B.33; 
  1.11            204D.03, subdivision 1; and 204D.08, subdivision 4; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 204B; repealing Minnesota Statutes 1994, 
  1.14            sections 204B.06, subdivision 1a; 207A.01; 207A.02; 
  1.15            207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; 
  1.16            and 207A.10. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1994, section 204B.03, is 
  1.19  amended to read: 
  1.20     204B.03 [MANNER OF NOMINATION.] 
  1.21     Subdivision 1.  [MAJOR POLITICAL PARTY CANDIDATES FOR 
  1.22  LEGISLATIVE OFFICE; CANDIDATES FOR NONPARTISAN OFFICE.] 
  1.23  Candidates of a major political party for any partisan office 
  1.24  except presidential elector, congressional, and state 
  1.25  constitutional office and all candidates for nonpartisan office 
  1.26  shall apply for a place on the primary ballot by filing an 
  1.27  affidavit of candidacy as provided in section 204B.06, and 
  1.28  except as otherwise provided in section 204D.07, subdivision 3, 
  1.29  shall be nominated by primary. 
  1.30     Subd. 2.  [MAJOR POLITICAL PARTY CANDIDATES FOR 
  1.31  CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICES.] Major political 
  2.1   party candidates endorsed for congressional and state 
  2.2   constitutional office shall appear on the state party nominating 
  2.3   ballot by party certification under section 204B.05, subdivision 
  2.4   2.  Major political party candidates for congressional and state 
  2.5   constitutional office who are not endorsed shall apply for a 
  2.6   place on the state party nominating ballot by party notification 
  2.7   as a qualified candidate under section 204B.05, subdivision 4, 
  2.8   and by filing an affidavit of candidacy as provided in section 
  2.9   204B.06; or by filing an affidavit of candidacy and a petition 
  2.10  under section 204B.05, subdivisions 6 and 7. 
  2.11     Subd. 3.  [CANDIDATES NOT SEEKING NOMINATION OF A MAJOR 
  2.12  POLITICAL PARTY.] Candidates for any partisan office who do not 
  2.13  seek the nomination of a major political party shall be 
  2.14  nominated by nominating petition as provided in sections 204B.07 
  2.15  and 204B.08, and, except for presidential elector candidates, 
  2.16  shall file an affidavit of candidacy as provided in section 
  2.17  204B.06.  
  2.18     Sec. 2.  [204B.05] [FILING FOR PRIMARY; MAJOR PARTY 
  2.19  CANDIDATES FOR CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICE.] 
  2.20     Subdivision 1.  [NOTICE OF CONGRESSIONAL AND STATE 
  2.21  CONSTITUTIONAL OFFICES TO BE ELECTED.] By February 15 of each 
  2.22  even-numbered year, the secretary of state shall send a notice 
  2.23  of the congressional and state constitutional offices to be 
  2.24  elected at the state general election to the state chair of each 
  2.25  major political party.  
  2.26     Subd. 2.  [CERTIFICATION OF ENDORSED CANDIDATES.] No later 
  2.27  than 56 days before the state party nominating election, the 
  2.28  state chair of each major political party shall certify to the 
  2.29  secretary of state the names of every person who was endorsed as 
  2.30  a candidate for a congressional or state constitutional office 
  2.31  at the appropriate party endorsing convention according to the 
  2.32  party rules.  
  2.33     Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  2.34  endorsed candidates must include the name of the candidate as it 
  2.35  is to appear on the ballot and the name of the office sought.  
  2.36  The certification must also include a statement that each 
  3.1   candidate meets the qualifications for the office sought.  The 
  3.2   certification must be prepared by the party chair in the manner 
  3.3   provided by the secretary of state. 
  3.4      Subd. 4.  [NOTIFICATION OF CANDIDATES.] No later than 56 
  3.5   days before the state party nominating election, the state chair 
  3.6   of each major political party shall notify the secretary of 
  3.7   state of the names of every person who received at least 20 
  3.8   percent of the votes on any ballot at the appropriate party 
  3.9   endorsing convention for a congressional or state constitutional 
  3.10  office according to the party rules.  A notice must also be sent 
  3.11  to each affected candidate by the state party chair.  The 
  3.12  notification must include a statement that the candidate meets 
  3.13  the qualifications for the office sought.  The notification must 
  3.14  be prepared by the party chair in the manner required by the 
  3.15  secretary of state.  
  3.16     Subd. 5.  [ELIGIBILITY OF CANDIDATES.] No candidate shall 
  3.17  be certified or receive notification by a major political party 
  3.18  who does not meet the constitutional and statutory requirements 
  3.19  for the office sought. 
  3.20     Subd. 6.  [FILING BY PETITION.] Any eligible voter whose 
  3.21  name is not certified or who does not receive notification by a 
  3.22  major political party as provided in subdivision 2 or 4 may 
  3.23  obtain access to the state party nominating ballot for a 
  3.24  congressional or state constitutional office by filing an 
  3.25  affidavit of candidacy and a petition.  
  3.26     The petition must include the signatures of at least ten 
  3.27  percent of the number of persons voting for the nomination of 
  3.28  the office sought at the last state party nominating election.  
  3.29  By February 15 of each even-numbered year, the secretary of 
  3.30  state shall determine the minimum number of signatures required 
  3.31  for persons submitting petitions as provided in this subdivision.
  3.32     Subd. 7.  [FORM OF PETITION.] The petition required by 
  3.33  subdivision 6 must include the following information:  
  3.34  candidate's name, candidate's address, party name, and office 
  3.35  sought.  The petition must include the following oath or 
  3.36  affirmation of the signers:  "Under penalty of perjury, I 
  4.1   solemnly swear (or affirm) that I know the contents and purpose 
  4.2   of this petition, that I either participated in the most recent 
  4.3   precinct caucus for the party listed on the petition or intend 
  4.4   to vote for a majority of that party's candidates at the next 
  4.5   state general election, and that I signed this petition of my 
  4.6   own free will."  An individual who, in signing a petition, makes 
  4.7   a false oath is guilty of perjury.  
  4.8      Petitions submitted under this subdivision must be in the 
  4.9   form specified by the secretary of state, who shall prepare 
  4.10  samples of the form.  
  4.11     Sec. 3.  Minnesota Statutes 1994, section 204B.06, 
  4.12  subdivision 5, is amended to read: 
  4.13     Subd. 5.  [UNITED STATES SENATOR; TWO CANDIDATES AT SAME 
  4.14  ELECTION.] When two candidates are to be elected United States 
  4.15  senators from this state at the same election, each individual 
  4.16  filing who is certified by a major political party or who files 
  4.17  for the nomination shall state in the affidavit of candidacy the 
  4.18  term for which the individual desires to be a candidate, by 
  4.19  stating the date of the expiration of the term.  
  4.20     Sec. 4.  Minnesota Statutes 1994, section 204B.06, 
  4.21  subdivision 7, is amended to read: 
  4.22     Subd. 7.  [GOVERNOR AND LIEUTENANT GOVERNOR.] An individual 
  4.23  who is certified by a major political party or who files as a 
  4.24  candidate for governor or lieutenant governor shall be certified 
  4.25  as a team or file the affidavit of candidacy jointly with the 
  4.26  affidavit of another individual who seeks nomination as a 
  4.27  candidate for the other office.  
  4.28     Sec. 5.  Minnesota Statutes 1994, section 204B.08, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [TIME FOR SIGNING.] Nominating Petitions 
  4.31  shall be signed during the period when petitions may be filed as 
  4.32  provided in section 204B.09.  
  4.33     Sec. 6.  Minnesota Statutes 1994, section 204B.08, 
  4.34  subdivision 2, is amended to read: 
  4.35     Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
  4.36  petition may be signed only by individuals who are eligible to 
  5.1   vote for the candidate who is nominated named on the petition.  
  5.2   No individual may sign more than one nominating petition for 
  5.3   candidates for the same office unless more than one candidate is 
  5.4   to be elected to that office.  If more than one candidate is to 
  5.5   be elected to the office, an individual may sign as many 
  5.6   petitions as there are candidates to be elected.  
  5.7      Sec. 7.  Minnesota Statutes 1994, section 204B.09, 
  5.8   subdivision 1, is amended to read: 
  5.9      Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  5.10  ELECTIONS.] Except as otherwise provided by this subdivision, 
  5.11  affidavits of candidacy and nominating petitions for county, 
  5.12  state and federal offices filled at the state general election 
  5.13  shall be filed not more than 70 days nor less than 56 days 
  5.14  before the state primary party nominating election.  The 
  5.15  affidavit may be prepared and signed at any time between 60 days 
  5.16  before the filing period opens and the last day of the filing 
  5.17  period.  Notwithstanding other law to the contrary, the 
  5.18  affidavit of candidacy must be signed in the presence of a 
  5.19  notarial officer. 
  5.20     The petitions authorized by section 204B.05 may be signed 
  5.21  no earlier than 98 days before the state party nominating 
  5.22  election and must be filed with the secretary of state no later 
  5.23  than 56 days before the state party nominating election.  
  5.24  Candidates for presidential electors may file petitions on or 
  5.25  before the state primary day.  Nominating petitions to fill 
  5.26  vacancies in nominations shall be filed as provided in section 
  5.27  204B.13.  No affidavit or petition shall be accepted later than 
  5.28  5:00 p.m. on the last day for filing.  Affidavits and petitions 
  5.29  for county, legislative, and judicial offices to be voted on in 
  5.30  only one county shall be filed with the county auditor of that 
  5.31  county.  Affidavits and petitions for congressional offices and 
  5.32  all other state and federal offices to be voted on in more than 
  5.33  one county shall be filed with the secretary of state. 
  5.34     Sec. 8.  Minnesota Statutes 1994, section 204B.10, 
  5.35  subdivision 2, is amended to read: 
  5.36     Subd. 2.  [NOMINATING PETITIONS; ACKNOWLEDGMENT; 
  6.1   NUMBERING.] On the day a nominating petition is filed, the 
  6.2   election official shall deliver or mail an acknowledgment of the 
  6.3   petition to the individual who files it and to the candidate who 
  6.4   is to be nominated.  The election official shall also number the 
  6.5   petitions in the order received.  The petitions shall be 
  6.6   retained as provided in section 204B.40, and shall be available 
  6.7   for public inspection during that period.  
  6.8      Sec. 9.  Minnesota Statutes 1994, section 204B.10, 
  6.9   subdivision 3, is amended to read: 
  6.10     Subd. 3.  [INSPECTION.] The official with whom nominating 
  6.11  petitions are filed shall inspect the petitions in the order 
  6.12  filed to verify that there are a sufficient number of signatures 
  6.13  of individuals whose residence address as shown on the petition 
  6.14  is in the district where the candidate is to be nominated.  
  6.15     Sec. 10.  Minnesota Statutes 1994, section 204B.10, 
  6.16  subdivision 4, is amended to read: 
  6.17     Subd. 4.  [CERTIFICATION.] The secretary of state shall 
  6.18  certify to the county auditor of each county the names of all 
  6.19  candidates nominated by petitions filed with the secretary of 
  6.20  state.  Certification of candidates filing petitions as provided 
  6.21  in section 204B.05, subdivision 6, shall be made at the same 
  6.22  time that the secretary of state certifies candidates for the 
  6.23  state party nominating election.  Certification of candidates 
  6.24  nominated by petition shall be made at the same time as the 
  6.25  secretary of state certifies the names of candidates who are 
  6.26  nominated at the primary.  
  6.27     Sec. 11.  Minnesota Statutes 1994, section 204B.11, is 
  6.28  amended to read: 
  6.29     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  6.30  FILING FEE.] 
  6.31     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  6.32  Except as provided by subdivision 2, a filing fee shall be paid 
  6.33  by each candidate who files an affidavit of 
  6.34  candidacy.  Candidates filing affidavits of candidacy must pay 
  6.35  the fee shall be paid at the time the affidavit is filed.  
  6.36  Candidates whose names are certified to the secretary of state 
  7.1   as provided in section 204B.05, subdivision 2, must pay the fee 
  7.2   no later than 56 days before the state party nominating 
  7.3   election.  The amount of the filing fee shall vary with the 
  7.4   office sought as follows: 
  7.5      (a) for the office of governor, lieutenant governor, 
  7.6   attorney general, state auditor, state treasurer, secretary of 
  7.7   state, representative in Congress, judge of the supreme court, 
  7.8   judge of the court of appeals, judge of the district court, or 
  7.9   judge of the county municipal court of Hennepin county, $300; 
  7.10     (b) for the office of senator in Congress, $400; 
  7.11     (c) for office of senator or representative in the 
  7.12  legislature, $100; 
  7.13     (d) for a county office, $50; and 
  7.14     (e) for the office of soil and water conservation district 
  7.15  supervisor, $20. 
  7.16     For the office of presidential elector, and for those 
  7.17  offices for which no compensation is provided, no filing fee is 
  7.18  required. 
  7.19     The filing fees received by the county auditor shall 
  7.20  immediately be paid to the county treasurer.  The filing fees 
  7.21  received by the secretary of state shall immediately be paid to 
  7.22  the state treasurer. 
  7.23     When an affidavit of candidacy has been filed with the 
  7.24  appropriate filing officer and the requisite filing fee has been 
  7.25  paid, The filing fee shall not be refunded.  If a candidate's 
  7.26  filing fee is paid with a check, draft, or similar negotiable 
  7.27  instrument for which sufficient funds are not available or that 
  7.28  is dishonored, notice to the candidate of the worthless 
  7.29  instrument must be sent by the filing officer via registered 
  7.30  mail no later than immediately upon the closing of the filing 
  7.31  deadline with return receipt requested.  The candidate will have 
  7.32  five days from the time the filing officer receives proof of 
  7.33  receipt to issue a check or other instrument for which 
  7.34  sufficient funds are available.  The candidate issuing the 
  7.35  worthless instrument is liable for a service charge pursuant to 
  7.36  section 332.50.  If adequate payment is not made, the name of 
  8.1   the candidate must not appear on any official ballot and the 
  8.2   candidate is liable for all costs incurred by election officials 
  8.3   in removing the name from the ballot. 
  8.4      Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  8.5   filing an affidavit of candidacy, A candidate may present a 
  8.6   petition in place of the filing fee.  The petition may be signed 
  8.7   by any individual eligible to vote for the candidate.  A 
  8.8   nominating petition filed pursuant to section 204B.07 or 
  8.9   204B.13, subdivision 4, or a petition submitted to the secretary 
  8.10  of state as provided in section 204B.05, subdivision 6, is 
  8.11  effective as a petition in place of a filing fee if the 
  8.12  nominating petition includes a prominent statement informing the 
  8.13  signers of the petition that it will be used for that purpose.  
  8.14     The number of signatures on a petition used solely in place 
  8.15  of a filing fee shall be as follows:  
  8.16     (a) for a state office voted on statewide, or for president 
  8.17  of the United States, or United States senator, 2,000; 
  8.18     (b) for a congressional office, 1,000; 
  8.19     (c) for a county or legislative office, or for the office 
  8.20  of district, county, or county municipal judge, 500; and 
  8.21     (d) for any other office which requires a filing fee as 
  8.22  prescribed by law, municipal charter, or ordinance, the lesser 
  8.23  of 500 signatures or five percent of the total number of votes 
  8.24  cast in the municipality, ward, or other election district at 
  8.25  the preceding general election at which that office was on the 
  8.26  ballot.  
  8.27     An official with whom petitions are filed shall make sample 
  8.28  forms for petitions in place of filing fees available upon 
  8.29  request.  
  8.30     Subd. 3.  [RULES.] The secretary of state shall adopt rules 
  8.31  to determine a method for verifying the signatures on nominating 
  8.32  petitions and petitions in place of filing fees under this 
  8.33  chapter. 
  8.34     Sec. 12.  Minnesota Statutes 1994, section 204B.12, 
  8.35  subdivision 1, is amended to read: 
  8.36     Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
  9.1   from the primary ballot by filing an affidavit of withdrawal 
  9.2   with the same official who received the party certification or 
  9.3   affidavit of candidacy.  The affidavit shall request that 
  9.4   official to withdraw the candidate's name from the ballot and 
  9.5   shall be filed no later than three days the day after the last 
  9.6   day for filing for the office.  
  9.7      Sec. 13.  Minnesota Statutes 1994, section 204B.33, is 
  9.8   amended to read: 
  9.9      204B.33 [NOTICE OF FILING.] 
  9.10     (a) Between June 1 and July 1 in each even numbered year No 
  9.11  later than 15 weeks before the state party nominating election, 
  9.12  the secretary of state shall notify each county auditor of the 
  9.13  offices to be voted for in that county at the next state general 
  9.14  election for which candidates file with the secretary of state.  
  9.15  The notice shall include the time and place of filing for those 
  9.16  offices.  Within ten days after notification by the secretary of 
  9.17  state, each county auditor shall notify each municipal clerk in 
  9.18  the county of all the offices to be voted for in the county at 
  9.19  that election and the time and place for filing for those 
  9.20  offices.  The county auditors and municipal clerks shall 
  9.21  promptly post a copy of that notice in their offices. 
  9.22     (b) At least two weeks before the first day to file an 
  9.23  affidavit of candidacy, the county auditor shall publish a 
  9.24  notice stating the first and last dates on which affidavits of 
  9.25  candidacy may be filed in the county auditor's office and the 
  9.26  closing time for filing on the last day for filing.  The county 
  9.27  auditor shall post a similar notice at least ten days before the 
  9.28  first day to file affidavits of candidacy. 
  9.29     Sec. 14.  Minnesota Statutes 1994, section 204D.03, 
  9.30  subdivision 1, is amended to read: 
  9.31     Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
  9.32  PRIMARY.] The state party nominating election and primary shall 
  9.33  be held on the first second Tuesday after the second Monday in 
  9.34  September June in each even-numbered year to select the nominees 
  9.35  of the major political parties for partisan offices and the 
  9.36  nominees for nonpartisan offices to be filled at the state 
 10.1   general election, other than presidential electors.  
 10.2      Sec. 15.  Minnesota Statutes 1994, section 204D.08, 
 10.3   subdivision 4, is amended to read: 
 10.4      Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
 10.5   BALLOT; PARTY COLUMNS.] The state partisan primary party 
 10.6   nominating election ballot shall be headed by the words "State 
 10.7   Partisan Primary Party Nominating Election Ballot."  The ballot 
 10.8   shall be printed on white paper.  There must be at least three 
 10.9   vertical columns on the ballot and each major political party 
 10.10  shall have a separate column headed by the words ".......... 
 10.11  Party," giving the party name.  Above the party names, the 
 10.12  following statement shall be printed.  
 10.13     "Minnesota election law permits you to vote for the 
 10.14  candidates of only one political party in a state partisan 
 10.15  primary party nominating election." 
 10.16     If there are only two major political parties to be listed 
 10.17  on the ballot, one party must occupy the left-hand column, the 
 10.18  other party must occupy the right-hand column, and the center 
 10.19  column must contain the following statement:  
 10.20     "Do not vote for candidates of more than one party."  
 10.21     The names of the candidates seeking the nomination of each 
 10.22  major political party shall be listed in that party's 
 10.23  column.  The name of a candidate who was endorsed by a major 
 10.24  political party must be followed by the term "endorsed," unless 
 10.25  the candidate files an affidavit requesting that the candidate's 
 10.26  name not be followed by the term "endorsed."  If only one 
 10.27  individual files an affidavit of candidacy seeking the 
 10.28  nomination of a major political party for an office, the name of 
 10.29  that individual shall be placed on the state partisan primary 
 10.30  ballot at the appropriate location in that party's column.  
 10.31     In each column, the candidates for senator in Congress 
 10.32  shall be listed first, candidates for representative in Congress 
 10.33  second, candidates for state senator third, candidates for state 
 10.34  representative fourth and then candidates for state office in 
 10.35  the order specified by the secretary of state.  
 10.36     The party columns shall be substantially the same in width, 
 11.1   type, and appearance.  The columns shall be separated by a 
 11.2   12-point solid line. 
 11.3      Sec. 16.  [INSTRUCTION TO REVISOR.] 
 11.4      The revisor of statutes shall change the terms in column A 
 11.5   to the corresponding terms in column B wherever they appear in 
 11.6   Minnesota Statutes or Minnesota Rules. 
 11.7          Column A                       Column B
 11.8     "state primary"              "state party nominating
 11.9                                   election and primary"
 11.10    "state partisan primary"     "state party nominating
 11.11                                  election" 
 11.12     Sec. 17.  [REPEALER.] 
 11.13     Minnesota Statutes 1994, sections 204B.06, subdivision 1a; 
 11.14  207A.01; 207A.02; 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 
 11.15  207A.09; and 207A.10, are repealed. 
 11.16     Sections 1 and 2 are repealed December 31, 1996.