HF 531

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am

A bill for an act
relating to elections; modifying the procedures for filling a vacancy in the Office
of United States Senator or Representative in Congress; amending Minnesota
Statutes 2008, sections 204D.17; 204D.19; proposing coding for new law in
Minnesota Statutes, chapter 204D; repealing Minnesota Statutes 2008, section
204D.28.

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

Section 1.

Minnesota Statutes 2008, section 204D.17, is amended to read:

204D.17 deleted text begin REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE
REPRESENTATIVE deleted text end new text begin STATE LEGISLATURE new text end ; VACANCY IN OFFICE; SPECIAL
ELECTION.

Subdivision 1.

Special elections; exceptions.

A vacancy in the office of
deleted text begin representative in Congress or deleted text end state senator or state representative shall be filled for the
unexpired term by special election upon the writ of the governor as provided in sections
204D.17 to 204D.27; except that if deleted text begin Congress or deleted text end the legislature will not be in session before
the expiration of the vacant term no special election is required.

Subd. 2.

Two or more vacancies.

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

Sec. 2.

new text begin [204D.175] UNITED STATES SENATE; REPRESENTATIVE IN
CONGRESS; VACANCY IN OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Special election. new text end

new text begin (a) Except as otherwise provided in this section,
a vacancy in the Office of United States Senator or Representative in Congress shall be
filled for the unexpired term at a special election upon the writ of the governor as provided
in section 204D.22. The writ shall be issued within five days after the vacancy occurs,
and the special election held a Tuesday occurring between 80 and 100 days after issuance
of the writ. If a regularly scheduled state primary or general election will occur within
this period, the special election must be held on that date.
new text end

new text begin (b) A special election held pursuant to this section shall be held consistent with the
requirements of sections 204D.18 to 204D.27.
new text end

new text begin (c) Notwithstanding section 204D.21, if a special primary is required, the special
primary must be held no later than 45 days before the special election.
new text end

new text begin Subd. 2. new text end

new text begin Vacancy late in term. new text end

new text begin If a vacancy in office occurs after July 1 of the year
prior to the year in which the term is to expire, no special election shall be held. The
candidate elected at the state general election to the next term for that office shall succeed
to the office immediately and serve the remainder of the unexpired term.
new text end

Sec. 3.

Minnesota Statutes 2008, section 204D.19, is amended to read:

204D.19 SPECIAL ELECTIONS; new text begin STATE LEGISLATURE; new text end WHEN HELD.

Subdivision 1.

Vacancy filled at general election.

When a vacancy occurs new text begin in the
office of state senator or state representative new text end more than 150 days before the next state
general election, and deleted text begin the Congress or deleted text end the legislature will not be in session before the
final canvass of the state general election returns, the vacancy shall be filled at the next
state general election.

Subd. 2.

Special election when deleted text begin Congress or deleted text end new text begin the new text end legislature will be in session.

Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 40th day prior to the opening day of session in
the succeeding even-numbered year, when a vacancy occurs new text begin in the office of state senator or
state representative new text end and the deleted text begin Congress or deleted text end legislature will be in session so that the individual
elected as provided by this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the vacancy
occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in
no event more than 35 days after the issuance of the writ.

Subd. 3.

Special election at other times.

When a vacancy occurs new text begin in the office of
state senator or state representative new text end at a time other than those described in subdivisions 1
and 2 the governor shall issue a writ, calling for a special election to be held so that the
individual elected may take office at the opening of the next session of deleted text begin the Congress or of deleted text end
the legislature, or at the reconvening of a session of deleted text begin the Congress or of deleted text end the legislature.

Subd. 4.

Writ when vacancy results from election contest.

If a vacancy results
from a successful election contest, the governor shall issue 22 days after the first day of
the legislative session a writ calling for a special election unless the house in which the
contest may be tried has passed a resolution which states that it will or will not review
the court's determination of the contest. If the resolution states that the house will not
review the court's determination, the writ shall be issued within five days of the passage of
the resolution.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 204D.28, new text end new text begin is repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end