HF 181

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; requiring certain special 
  1.3             primaries and elections to be conducted by mail; 
  1.4             amending Minnesota Statutes 1996, sections 204D.19, 
  1.5             subdivisions 2 and 3; 204D.20, subdivision 1; 204D.21, 
  1.6             subdivisions 2 and 3; 204D.22, subdivision 3; and 
  1.7             204D.23, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 204D.19, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [SPECIAL ELECTION WHEN THE CONGRESS OR 
  1.12  LEGISLATURE WILL BE IN SESSION.] Except for vacancies in the 
  1.13  legislature which occur at any time between the last day of 
  1.14  session in an odd-numbered year and the 33rd 49th day prior to 
  1.15  the opening day of session in the succeeding even-numbered year, 
  1.16  when a vacancy occurs and the Congress or legislature will be in 
  1.17  session so that the individual elected as provided by this 
  1.18  section could take office and exercise the duties of the office 
  1.19  immediately upon election, the governor shall issue within five 
  1.20  days after the vacancy occurs a writ calling for a special 
  1.21  election.  The special election shall be conducted by mail and 
  1.22  held as soon as possible, consistent with the notice 
  1.23  requirements of section 204D.22, subdivision 3, but in no event 
  1.24  more than 28 49 days after the issuance of the writ.  
  1.25     Sec. 2.  Minnesota Statutes 1996, section 204D.19, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [SPECIAL ELECTION AT OTHER TIMES.] When a vacancy 
  2.2   occurs at a time other than those described in subdivisions 1 
  2.3   and 2 the governor shall issue a writ, calling for a special 
  2.4   election to be held so that the individual elected may take 
  2.5   office at the opening of the next session of the Congress or of 
  2.6   the legislature, or at the reconvening of a session of the 
  2.7   Congress or of the legislature.  The special election must be 
  2.8   held on the Tuesday following the first Monday in November, 
  2.9   except that a special election occurring as a result of a 
  2.10  vacancy occurring between the 49th day before the state general 
  2.11  election and the opening day of the legislative session in the 
  2.12  odd-numbered year or between the 49th day before the first 
  2.13  Tuesday after the first Monday in November and the opening of 
  2.14  the legislative session in the even-numbered year must be held 
  2.15  by mail.  
  2.16     Sec. 3.  Minnesota Statutes 1996, section 204D.20, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [SPECIAL PRIMARY.] Except as provided in 
  2.19  subdivision 2, the candidates of the major political parties to 
  2.20  fill a vacancy shall be nominated at a special primary.  The 
  2.21  special primary must be conducted by mail, except as provided in 
  2.22  section 204D.21.  The candidate of each party who receives the 
  2.23  highest number of votes at the special primary shall be 
  2.24  nominated without reference to the ten percent requirement of 
  2.25  section 204D.10, subdivision 2.  
  2.26     Sec. 4.  Minnesota Statutes 1996, section 204D.21, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [NOMINATION AT SPECIAL PRIMARY ON DAY OF REGULAR 
  2.29  PRIMARY IN ODD-NUMBERED YEARS.] Candidates for nomination to 
  2.30  fill a vacancy shall be nominated at a special primary on the 
  2.31  day of the regular state primary when the vacancy is to be 
  2.32  filled at a special election to be held more than 14 days after 
  2.33  the regular state primary.  When a special election is to be 
  2.34  held on the Tuesday following the first Monday in November in 
  2.35  odd-numbered years, the special primary must be held on the 
  2.36  Tuesday following the second Monday in September or no later 
  3.1   than 21 days before the special election.  
  3.2      Sec. 5.  Minnesota Statutes 1996, section 204D.21, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [NOMINATION AT SPECIAL PRIMARY ON OTHER DAY.] In 
  3.5   all cases other than those provided in subdivisions 1 and 2, a 
  3.6   special primary for the nomination of candidates shall be held 
  3.7   not later than the 14th 21st day before the special election.  
  3.8      Sec. 6.  Minnesota Statutes 1996, section 204D.22, 
  3.9   subdivision 3, is amended to read: 
  3.10     Subd. 3.  [NOTICE OF SPECIAL ELECTION.] The county auditor 
  3.11  of a county in which a special election is to be held shall 
  3.12  direct the clerk of each municipality in which the election is 
  3.13  to be held to post a notice of the special primary and special 
  3.14  election at least seven days before the special primary and at 
  3.15  least 14 days before the special election in the manner provided 
  3.16  in sections 204B.33 and 204B.34.  If the special primary is to 
  3.17  be held 14 21 days before the special election, a single notice 
  3.18  of both elections may be posted seven days before the primary.  
  3.19     When the special primary or special election is to be held 
  3.20  on the same day as any other election, notice of the special 
  3.21  primary or special election may be included in the notice of the 
  3.22  other election, if practicable.  
  3.23     Sec. 7.  Minnesota Statutes 1996, section 204D.23, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [TIME OF FILING.] Except as provided in 
  3.26  subdivision 3, the affidavits and petitions shall be filed no 
  3.27  later than the seventh day 21 days before the special primary.