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HF 172

as introduced - 89th Legislature (2015 - 2016) Posted on 01/14/2015 11:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; enacting the Uniform Faithful Presidential Electors Act;
making conforming changes; amending Minnesota Statutes 2014, sections
204B.07, subdivision 2; 208.02; 208.03; 208.06; 209.01, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 208; repealing
Minnesota Statutes 2014, sections 208.07; 208.08.

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

Section 1.

Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read:


Subd. 2.

Petitions for presidential electorsnew text begin and alternatesnew text end .

This subdivision
does not apply to candidates for presidential electornew text begin or alternatenew text end nominated by major
political parties. Major party candidates for presidential electornew text begin or alternatenew text end are certified
under section 208.03. Other presidential electorsnew text begin or alternatesnew text end are nominated by petition
pursuant to this section. On petitions nominating presidential electorsnew text begin or alternatesnew text end , the
names of the candidates for president and vice-president shall be added to the political
party or political principle stated on the petition. One petition may be filed to nominate a
slate of presidential electors equal in number to the number of electors to which the state
is entitlednew text begin and an alternate for each elector nomineenew text end .

Sec. 2.

Minnesota Statutes 2014, section 208.02, is amended to read:


208.02 ELECTION OF PRESIDENTIAL ELECTORSnew text begin AND ALTERNATESnew text end .

Presidential electorsnew text begin and alternatesnew text end shall be chosen at the state general election held
in the year preceding the expiration of the term of the president of the United States.

Sec. 3.

Minnesota Statutes 2014, section 208.03, is amended to read:


208.03 NOMINATION OF PRESIDENTIAL ELECTORSnew text begin AND
ALTERNATES
new text end .

Presidential electorsnew text begin and alternatesnew text end for the major political parties of this state shall be
nominated by delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. At least 71 days before the general
election day the chair of the major political party shall certify to the secretary of state
the names of the persons nominated as presidential electors, the names of deleted text begin eightdeleted text end new text begin persons
nominated as
new text end alternate presidential electors, and the names of the party candidates for
president and vice president. The chair shall also certify that the party candidates for
president and vice president have no affidavit on file as a candidate for any office in
this state at the ensuing general election.

Sec. 4.

Minnesota Statutes 2014, section 208.06, is amended to read:


208.06 ELECTORSnew text begin AND ALTERNATESnew text end TO MEET AT STATE CAPITOLdeleted text begin ;
FILLING OF VACANCIES
deleted text end .

The presidential electors and alternate presidential electors, before 12:00 M. on the
day before that fixed by Congress for the electors to vote for president and vice president
of the United States, shall notify the governor that they are at the State Capitol and ready
at the proper time to fulfill their duties as electors. The governor shall deliver to the
electors present a certificate of the names of all the electors. deleted text begin If any elector named therein
fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president
and vice president of the United States, an alternate, chosen from among the alternates by
lot, shall be appointed to act for that elector. If more than eight alternates are necessary,
the electors present shall, in the presence of the governor, immediately elect by ballot a
person to fill the vacancy. If more than the number of persons required have the highest
and an equal number of votes, the governor, in the presence of the electors attending, shall
decide by lot which of those persons shall be elected
deleted text end new text begin The electors shall meet at 12:00 p.m.
in the executive chamber of the State Capitol and shall perform all the duties imposed
upon them as electors by the Constitution and laws of the United States and this state
in the manner provided in section 208.46
new text end .

Sec. 5.

new text begin [208.40] SHORT TITLE.
new text end

new text begin Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
Electors Act."
new text end

Sec. 6.

new text begin [208.41] DEFINITIONS.
new text end

new text begin (a) The definitions in this section apply to sections 208.40 to 208.48.
new text end

new text begin (b) "Cast" means accepted by the secretary of state in accordance with section
208.46, paragraph (b).
new text end

new text begin (c) "Elector" means an individual selected as a presidential elector under this chapter.
new text end

new text begin (d) "President" means the president of the United States.
new text end

new text begin (e) "Unaffiliated presidential candidate" means a candidate for president who
qualifies for the general election ballot in this state by means other than nomination by a
political party.
new text end

new text begin (f) "Vice president" means the vice president of the United States.
new text end

Sec. 7.

new text begin [208.42] DESIGNATION OF STATE'S ELECTORS.
new text end

new text begin For each elector position in this state, a political party contesting the position, or
an unaffiliated presidential candidate, shall submit to the secretary of state the names of
two qualified individuals. One of the individuals must be designated "elector nominee"
and the other "alternate elector nominee."
new text end

new text begin Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
the winning elector nominees under the laws of this state.
new text end

Sec. 8.

new text begin [208.43] PLEDGE.
new text end

new text begin Each elector nominee and alternate elector nominee of a political party shall execute
the following pledge: "If selected for the position of elector, I agree to serve and to mark
my ballots for president and vice president for the nominees for those offices of the party
that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
presidential candidate shall execute the following pledge: "If selected for the position
of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
to mark my ballots for that candidate and for that candidate's vice-presidential running
mate." The executed pledges must accompany the submission of the corresponding names
to the secretary of state.
new text end

Sec. 9.

new text begin [208.44] CERTIFICATION OF ELECTORS.
new text end

new text begin In submitting this state's certificate of ascertainment as required by United States
Code, title 3, section 6, the governor shall certify this state's electors and state in the
certificate that:
new text end

new text begin (1) the electors will serve as electors unless a vacancy occurs in the office of elector
before the end of the meeting at which elector votes are cast, in which case a substitute
elector will fill the vacancy; and
new text end

new text begin (2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
amended certificate of ascertainment stating the names on the final list of this state's
electors.
new text end

Sec. 10.

new text begin [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
new text end

new text begin (a) The secretary of state shall preside at the meeting of electors described in section
208.06.
new text end

new text begin (b) The position of an elector not present to vote is vacant. The secretary of state
shall appoint an individual as a substitute elector to fill a vacancy as follows:
new text end

new text begin (1) if the alternate elector is present to vote, by appointing the alternate elector
for the vacant position;
new text end

new text begin (2) if the alternate elector for the vacant position is not present to vote, by appointing
an elector chosen by lot from among the alternate electors present to vote who were
nominated by the same political party or unaffiliated presidential candidate;
new text end

new text begin (3) if the number of alternate electors present to vote is insufficient to fill any
vacant position pursuant to clauses (1) and (2), by appointing any immediately available
individual who is qualified to serve as an elector and chosen through nomination by a
plurality vote of the remaining electors, including nomination and vote by a single elector
if only one remains;
new text end

new text begin (4) if there is a tie between at least two nominees for substitute elector in a vote
conducted under clause (3), by appointing an elector chosen by lot from among those
nominees; or
new text end

new text begin (5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
(4), by appointing a single presidential elector, with remaining vacant positions to be filled
under clause (3) and, if necessary, clause (4).
new text end

new text begin (c) To qualify as a substitute elector under paragraph (b), an individual who has not
executed the pledge required under section 208.43 shall execute the following pledge: "I
agree to serve and to mark my ballots for president and vice president consistent with the
pledge of the individual to whose elector position I have succeeded."
new text end

Sec. 11.

new text begin [208.46] ELECTOR VOTING.
new text end

new text begin (a) At the time designated for elector voting in section 208.06, and after all vacant
positions have been filled under section 208.45, the secretary of state shall provide each
elector with a presidential and a vice-presidential ballot. The elector shall mark the
elector's presidential and vice-presidential ballots with the elector's votes for the offices
of president and vice president, respectively, along with the elector's signature and the
elector's legibly printed name.
new text end

new text begin (b) Except as otherwise provided by law of this state other than this chapter, each
elector shall present both completed ballots to the secretary of state, who shall examine
the ballots and accept as cast all ballots of electors whose votes are consistent with their
pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
provided by law of this state other than this chapter, the secretary of state may not accept
and may not count either an elector's presidential or vice-presidential ballot if the elector
has not marked both ballots or has marked a ballot in violation of the elector's pledge.
new text end

new text begin (c) An elector who refuses to present a ballot, presents an unmarked ballot, or
presents a ballot marked in violation of the elector's pledge executed under section 208.43
or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
filled under section 208.45.
new text end

new text begin (d) The secretary of state shall distribute ballots to and collect ballots from a
substitute elector and repeat the process under this section of examining ballots, declaring
and filling vacant positions as required, and recording appropriately completed ballots from
the substituted electors, until all of this state's electoral votes have been cast and recorded.
new text end

Sec. 12.

new text begin [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
new text end

new text begin (a) After the vote of this state's electors is completed, if the final list of electors
differs from any list that the governor previously included on a certificate of ascertainment
prepared and transmitted under United States Code, title 3, section 6, the secretary of state
immediately shall prepare an amended certificate of ascertainment and transmit it to
the governor for the governor's signature.
new text end

new text begin (b) The governor immediately shall deliver the signed amended certificate of
ascertainment to the secretary of state and a signed duplicate original of the amended
certificate of ascertainment to all individuals entitled to receive this state's certificate of
ascertainment, indicating that the amended certificate of ascertainment is to be substituted
for the certificate of ascertainment previously submitted.
new text end

new text begin (c) The secretary of state shall prepare a certificate of vote. The electors on the final
list shall sign the certificate. The secretary of state shall process and transmit the signed
certificate with the amended certificate of ascertainment under United States Code, title
3, sections 9, 10, and 11.
new text end

Sec. 13.

new text begin [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing sections 208.40 to 208.48, consideration must be given
to the need to promote uniformity of the law with respect to their subject matter among
states that enact the Uniform Faithful Presidential Electors Act or similar law.
new text end

Sec. 14.

Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read:


Subd. 2.

Statewide office.

For purposes of this chapternew text begin ,new text end "statewide office" means the
office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
United States senator, or presidential electornew text begin or alternatenew text end .

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 208.07; and 208.08, new text end new text begin are repealed.
new text end