HF 662

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; moving precinct caucuses to a 
  1.3             Saturday in March; requiring major party candidates to 
  1.4             provide proof of party support before being listed on 
  1.5             the party's primary ballot; permitting endorsed 
  1.6             candidates to include endorsement on the partisan 
  1.7             primary ballot; moving the state primary election to 
  1.8             June; amending Minnesota Statutes 1994, sections 
  1.9             10A.31, subdivision 6; 10A.322, subdivision 1; 
  1.10            10A.323; 202A.14, subdivision 1; 202A.19, subdivisions 
  1.11            1, 3, 5, and 6; 204B.06, subdivision 2; 204B.33; 
  1.12            204D.03, subdivision 1; and 204D.08, subdivision 4. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 10A.31, 
  1.15  subdivision 6, is amended to read: 
  1.16     Subd. 6.  As soon as the board has obtained from the 
  1.17  secretary of state the results of the primary election, but in 
  1.18  any event no later than one week after certification by the 
  1.19  state canvassing board of the results of the primary, the board 
  1.20  shall distribute the available funds in each party account, as 
  1.21  certified by the commissioner of revenue on September 1 one week 
  1.22  before the primary, to the candidates of that party who have 
  1.23  signed the agreement as provided in section 10A.322 and filed 
  1.24  the affidavit required by section 10A.323, and whose names are 
  1.25  to appear on the ballot in the general election, according to 
  1.26  the allocations set forth in subdivision 5.  If a candidate 
  1.27  files the affidavit required by section 10A.323 after September 
  1.28  June 1 of the general election year, the board shall pay the 
  1.29  candidate's allocation to the candidate at the next regular 
  2.1   payment date for public subsidies for that election cycle that 
  2.2   occurs at least 15 days after the candidate files the affidavit. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 10A.322, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  2.6   condition of receiving a public subsidy, a candidate shall sign 
  2.7   and file with the board a written agreement in which the 
  2.8   candidate agrees that the candidate will comply with sections 
  2.9   10A.25 and 10A.324. 
  2.10     (b) Before the first day of filing for office, the board 
  2.11  shall forward agreement forms to all filing officers.  The board 
  2.12  shall also provide agreement forms to candidates on request at 
  2.13  any time.  The candidate may sign an agreement and submit it to 
  2.14  the filing officer on the day of filing an affidavit of 
  2.15  candidacy or petition to appear on the ballot, in which case the 
  2.16  filing officer shall without delay forward signed agreements to 
  2.17  the board.  Alternatively, the candidate may submit the 
  2.18  agreement directly to the board at any time that is at least one 
  2.19  week before September 1 preceding the general the candidate's 
  2.20  primary election.  An agreement may not be filed after that 
  2.21  date.  An agreement once filed may not be rescinded. 
  2.22     (c) The board shall forward a copy of any agreement signed 
  2.23  under this subdivision to the commissioner of revenue.  
  2.24     (d) Notwithstanding any provisions of this section, when a 
  2.25  vacancy occurs that will be filled by means of a special 
  2.26  election and the filing period does not coincide with the filing 
  2.27  period for the general election, a candidate may sign and submit 
  2.28  a spending limit agreement at any time before the deadline for 
  2.29  submission of a signed agreement under section 10A.315. 
  2.30     Sec. 3.  Minnesota Statutes 1994, section 10A.323, is 
  2.31  amended to read: 
  2.32     10A.323 [MATCHING REQUIREMENTS.] 
  2.33     In addition to the requirements of section 10A.322, to be 
  2.34  eligible to receive a public subsidy under section 10A.31 or 
  2.35  10A.312 a candidate or the candidate's treasurer shall file an 
  2.36  affidavit with the board stating that during that calendar year 
  3.1   the candidate has accumulated contributions from persons 
  3.2   eligible to vote in this state in the amount indicated for the 
  3.3   office sought, counting only the first $50 received from each 
  3.4   contributor: 
  3.5      (1) candidates for governor and lieutenant governor running 
  3.6   together, $35,000; 
  3.7      (2) candidates for attorney general, $15,000; 
  3.8      (3) candidates for secretary of state, state treasurer, and 
  3.9   state auditor, separately, $6,000; 
  3.10     (4) candidates for the senate, $3,000; and 
  3.11     (5) candidates for the house of representatives, $1,500. 
  3.12     To be eligible to receive a public matching subsidy under 
  3.13  section 10A.312, the affidavit must state the total amount of 
  3.14  contributions that have been received from persons eligible to 
  3.15  vote in this state and the total amount of those contributions 
  3.16  received, disregarding the portion of any contribution in excess 
  3.17  of $50.  
  3.18     The candidate or the candidate's treasurer shall submit the 
  3.19  affidavit required by this section to the board in writing by 
  3.20  September 1 of the general election year no later than one week 
  3.21  before the primary election to receive the payment based on the 
  3.22  results of the primary election, by September 15 to receive the 
  3.23  payment made October 1, by October 1 to receive the payment made 
  3.24  October 15, by November 1 to receive the payment made November 
  3.25  15 following the general election, and by December 1 to receive 
  3.26  the payment made December 15. 
  3.27     Sec. 4.  Minnesota Statutes 1994, section 202A.14, 
  3.28  subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  3.30  At 7:00 p.m. 8:00 a.m. on the first Tuesday Saturday in March in 
  3.31  every state general election year there shall be held for every 
  3.32  election precinct a party caucus in the manner provided in 
  3.33  sections 202A.14 to 202A.19, except that in the event of severe 
  3.34  weather a major political party may request the secretary of 
  3.35  state to postpone caucuses.  If a major political party makes a 
  3.36  request, or upon the secretary of state's own initiative, after 
  4.1   consultation with all major political parties and on the advice 
  4.2   of the federal weather bureau and the department of 
  4.3   transportation, the secretary of state may declare precinct 
  4.4   caucuses to be postponed for a week in counties where weather 
  4.5   makes travel especially dangerous.  The secretary of state shall 
  4.6   submit a notice of the postponement to news media covering the 
  4.7   affected counties by 6:00 p.m. 7:00 a.m. on the scheduled day of 
  4.8   the caucus.  A postponed caucus may also be postponed pursuant 
  4.9   to this subdivision. 
  4.10     Sec. 5.  Minnesota Statutes 1994, section 202A.19, 
  4.11  subdivision 1, is amended to read: 
  4.12     Subdivision 1.  No school board, county board of 
  4.13  commissioners, township board, or city council may conduct a 
  4.14  meeting after 6:00 p.m. between 8:00 a.m. and noon on the day of 
  4.15  a major political party precinct caucus. 
  4.16     Sec. 6.  Minnesota Statutes 1994, section 202A.19, 
  4.17  subdivision 3, is amended to read: 
  4.18     Subd. 3.  The University of Minnesota may not schedule an 
  4.19  event which will take place after 6:00 p.m. between 8:00 a.m. 
  4.20  and noon on the day of a major political party precinct caucus 
  4.21  unless permission to do so has been received from the board of 
  4.22  regents.  No state university may schedule an event which will 
  4.23  take place after 6:00 p.m. between 8:00 a.m. and noon on the day 
  4.24  of a major political party precinct caucus unless permission to 
  4.25  do so has been received from the state university board.  No 
  4.26  community college may schedule an event which will take 
  4.27  place after 6:00 p.m. between 8:00 a.m. and noon on the day of a 
  4.28  major political party precinct caucus unless permission to do so 
  4.29  has been received from the state board for community colleges. 
  4.30     Sec. 7.  Minnesota Statutes 1994, section 202A.19, 
  4.31  subdivision 5, is amended to read: 
  4.32     Subd. 5.  No public elementary or secondary school may hold 
  4.33  a school sponsored event after 6:00 p.m. between 8:00 a.m. and 
  4.34  noon on the day of a major political party precinct caucus. 
  4.35     Sec. 8.  Minnesota Statutes 1994, section 202A.19, 
  4.36  subdivision 6, is amended to read: 
  5.1      Subd. 6.  No state agency, board, commission, department or 
  5.2   committee shall conduct a public meeting after 6:00 p.m. between 
  5.3   8:00 a.m. and noon on the day of a major political party 
  5.4   precinct caucus. 
  5.5      Sec. 9.  Minnesota Statutes 1994, section 204B.06, 
  5.6   subdivision 2, is amended to read: 
  5.7      Subd. 2.  [MAJOR PARTY CANDIDATES.] (a) A candidate who 
  5.8   seeks the nomination of a major political party for a partisan 
  5.9   office shall state on the affidavit of candidacy that the 
  5.10  candidate either participated in that party's most recent 
  5.11  precinct caucus or intends to vote for a majority of that 
  5.12  party's candidates at the next ensuing general 
  5.13  election.  received at least one-third of the vote on one of the 
  5.14  endorsement ballots for that office at the party's endorsing 
  5.15  convention, or that the candidate's nomination is supported by a 
  5.16  number of eligible voters of that party equal to five percent of 
  5.17  the number of persons who voted for that office in the last 
  5.18  preceding state primary.  For candidates for statewide office, 
  5.19  the five percent threshold must be met in each congressional 
  5.20  district.  By February 15 of each even-numbered year, the 
  5.21  secretary of state shall determine the minimum number of 
  5.22  signatures and the distribution of the minimum number by 
  5.23  congressional district for each office for which affidavits of 
  5.24  support may be filed.  
  5.25     (b) Proof of party support must be evidenced by the 
  5.26  signatures of the eligible voters on an affidavit of support 
  5.27  accompanying the affidavit of candidacy.  The eligible voters 
  5.28  must be eligible to vote for the candidate they support.  No 
  5.29  individual may sign more than one affidavit of support for 
  5.30  candidates for the same office unless more than one candidate is 
  5.31  to be elected to that office.  If more than one candidate is to 
  5.32  be elected to the office, an individual may sign as many 
  5.33  affidavits of support as there are candidates to be elected. 
  5.34     (c) Affidavits of support must be signed during the period 
  5.35  when affidavits of candidacy may be filed as provided in section 
  5.36  204B.09.  
  6.1      (d) An affidavit of support may consist of one or more 
  6.2   separate pages, each of which must state the candidate's name 
  6.3   and residence address, including street and number, if any, the 
  6.4   party name, and the office sought, and, before the space for 
  6.5   signing, must include the following oath or affirmation:  "I 
  6.6   solemnly swear (or affirm) that I know the contents and purpose 
  6.7   of this affidavit, that I support the nomination of the 
  6.8   candidate whose name is given on this affidavit, that I either 
  6.9   participated in the most recent precinct caucus for the party 
  6.10  listed on this affidavit or intend to vote for a majority of the 
  6.11  party's candidates at the next state general election, and that 
  6.12  I signed this affidavit of my own free will."  Immediately after 
  6.13  the signature, the signer shall write on the affidavit the 
  6.14  signer's residence address including street and number, if any, 
  6.15  and mailing address if different from residence address.  
  6.16     (e) The oath (or affirmation) need not be notarized, but an 
  6.17  individual who, in signing the affidavit, makes a false oath is 
  6.18  guilty of perjury. 
  6.19     (f) The secretary of state shall prepare sample affidavits 
  6.20  of support and each affidavit must follow the form prescribed by 
  6.21  the secretary of state. 
  6.22     Sec. 10.  Minnesota Statutes 1994, section 204B.33, is 
  6.23  amended to read: 
  6.24     204B.33 [NOTICE OF FILING.] 
  6.25     (a) Between June 1 and July 1 in each even numbered year No 
  6.26  later than 15 weeks before the state primary election, the 
  6.27  secretary of state shall notify each county auditor of the 
  6.28  offices to be voted for in that county at the next state general 
  6.29  election for which candidates file with the secretary of state.  
  6.30  The notice shall include the time and place of filing for those 
  6.31  offices.  Within ten days after notification by the secretary of 
  6.32  state, each county auditor shall notify each municipal clerk in 
  6.33  the county of all the offices to be voted for in the county at 
  6.34  that election and the time and place for filing for those 
  6.35  offices.  The county auditors and municipal clerks shall 
  6.36  promptly post a copy of that notice in their offices. 
  7.1      (b) At least two weeks before the first day to file an 
  7.2   affidavit of candidacy, the county auditor shall publish a 
  7.3   notice stating the first and last dates on which affidavits of 
  7.4   candidacy may be filed in the county auditor's office and the 
  7.5   closing time for filing on the last day for filing.  The county 
  7.6   auditor shall post a similar notice at least ten days before the 
  7.7   first day to file affidavits of candidacy. 
  7.8      Sec. 11.  Minnesota Statutes 1994, section 204D.03, 
  7.9   subdivision 1, is amended to read: 
  7.10     Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
  7.11  held on the first Tuesday after the second Monday in 
  7.12  September June in each even-numbered year to select the nominees 
  7.13  of the major political parties for partisan offices and the 
  7.14  nominees for nonpartisan offices to be filled at the state 
  7.15  general election, other than presidential electors. 
  7.16     Sec. 12.  Minnesota Statutes 1994, section 204D.08, 
  7.17  subdivision 4, is amended to read: 
  7.18     Subd. 4.  [STATE PARTISAN PRIMARY BALLOT; PARTY COLUMNS.] 
  7.19  The state partisan primary ballot shall be headed by the words 
  7.20  "State Partisan Primary Ballot."  The ballot shall be printed on 
  7.21  white paper.  There must be at least three vertical columns on 
  7.22  the ballot and each major political party shall have a separate 
  7.23  column headed by the words ".......... Party," giving the party 
  7.24  name.  Above the party names, the following statement shall be 
  7.25  printed.  
  7.26     "Minnesota election law permits you to vote for the 
  7.27  candidates of only one political party in a state partisan 
  7.28  primary election." 
  7.29     If there are only two major political parties to be listed 
  7.30  on the ballot, one party must occupy the left-hand column, the 
  7.31  other party must occupy the right-hand column, and the center 
  7.32  column must contain the following statement:  
  7.33     "Do not vote for candidates of more than one party."  
  7.34     The names of the candidates seeking the nomination of each 
  7.35  major political party shall be listed in that party's column.  
  7.36  The name of a candidate who was endorsed by a major political 
  8.1   party may, at the candidate's request, be followed by the term 
  8.2   "endorsed."  If only one individual files an affidavit of 
  8.3   candidacy seeking the nomination of a major political party for 
  8.4   an office, the name of that individual shall be placed on the 
  8.5   state partisan primary ballot at the appropriate location in 
  8.6   that party's column.  
  8.7      In each column, the candidates for senator in Congress 
  8.8   shall be listed first, candidates for representative in Congress 
  8.9   second, candidates for state senator third, candidates for state 
  8.10  representative fourth and then candidates for state office in 
  8.11  the order specified by the secretary of state.  
  8.12     The party columns shall be substantially the same in width, 
  8.13  type, and appearance.  The columns shall be separated by a 
  8.14  12-point solid line.