Minnesota Legislature
HF 493
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/02/2009 |
Current Version - as introduced
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A bill for an act
relating to elections; providing for a provisional certificate of election in
certain circumstances; amending Minnesota Statutes 2008, sections 204C.40,
subdivision 2; 204D.27, subdivision 8; 205.185, subdivision 3; 205A.10,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 204C.40, subdivision 2, is amended to read:
Subd. 2.
Time of issuance; new text begin provisional certificate of election; new text end certain offices.
new text begin (a)
new text end No certificate of election shall be issued until seven days after the canvassing board has
declared the result of the election. In case of a contest, deleted text begin an election certificate shall not be
issued until a court of proper jurisdiction has finally determined the contest.deleted text end new text begin a provisional
certificate of election must be prepared and delivered as provided in subdivision 1 for
the candidate declared elected by the county or state canvassing board. A provisional
certificate of election is valid from the first day of the term of office for which the election
was held until the date on which a court of proper jurisdiction has finally determined the
contest. For purposes of Minnesota law, a candidate who has received a provisional
certificate of election is considered duly elected and qualified to the office and must be
granted all resulting rights and privileges provided by law until the date on which a court
of proper jurisdiction has finally determined the contest.new text end
new text begin (b) new text end This subdivision shall not apply to candidates elected to the office of state
senator or representative.
Sec. 2.
Minnesota Statutes 2008, section 204D.27, subdivision 8, is amended to read:
Subd. 8.
Certificate of congressional election.
No certificate of election in a
special election for senator or representative in Congress may be issued by the secretary
of state to any individual declared elected by the county or state canvassing board until
seven days after the canvassing board has canvassed the returns and declared the results of
the election. In case of a contest deleted text begin the certificate may not be issued until the district court
determines the contestdeleted text end new text begin , a provisional certificate of election may be issued as provided in
section 204C.40, subdivision 2new text end .
Sec. 3.
Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a)
Within seven days after an election, the governing body of a city conducting any election
including a special municipal election, or the governing body of a town conducting the
general election in November shall act as the canvassing board, canvass the returns, and
declare the results of the election. The governing body of a town conducting the general
election in March shall act as the canvassing board, canvass the returns, and declare the
results of the election within two days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue
a certificate of election to each successful candidate. In case of a contest, deleted text begin the certificate
shall not be issued until the outcome of the contest has been determined by the proper courtdeleted text end new text begin
a provisional certificate of election must be prepared and issued. A provisional certificate
of election is valid from the first day of the term of office for which the election was held
until the date on which a court of proper jurisdiction has finally determined the contestnew text end .
(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
Sec. 4.
Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
Within
seven days after a school district election other than a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59, the school board shall canvass
the returns and declare the results of the election. After the time for contesting elections
has passed, the school district clerk shall issue a certificate of election to each successful
candidate. If there is a contest, deleted text begin the certificate of election to that office must not be issued
until the outcome of the contest has been determined by the proper courtdeleted text end new text begin a provisional
certificate of election must be prepared and issued. A provisional certificate of election
is valid from the first day of the term of office for which the election was held until the
date on which a court of proper jurisdiction has finally determined the contestnew text end . If there is
a tie vote, the school board shall determine the result by lot. The clerk shall deliver the
certificate of election to the successful candidate by personal service or certified mail. The
successful candidate shall file an acceptance and oath of office in writing with the clerk
within 30 days of the date of mailing or personal service. A person who fails to qualify
prior to the time specified shall be deemed to have refused to serve, but that filing may
be made at any time before action to fill the vacancy has been taken. The school district
clerk shall certify the results of the election to the county auditor, and the clerk shall be the
final custodian of the ballots and the returns of the election.
A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment, and apply to any
election contests pending on or after that date.
new text end