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HF 687

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 04:19pm

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

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Current Version - as introduced

1.1A bill for an act
1.2relating to elections; changing the date of the state primary from August to June;
1.3changing the date of primary elections conducted by a political subdivision, in
1.4certain circumstances; amending Minnesota Statutes 2012, sections 204B.14,
1.5subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09,
1.6subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03,
1.7subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61,
1.8subdivision 5; 206.82, subdivision 2.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
1.11    Subd. 2. Separate precincts; combined polling place. (a) The following shall
1.12constitute at least one election precinct:
1.13(1) each city ward; and
1.14(2) each town and each statutory city.
1.15(b) A single, accessible, combined polling place may be established no later than
1.16May March 1 of any year:
1.17(1) for any city of the third or fourth class, any town, or any city having territory in
1.18more than one county, in which all the voters of the city or town shall cast their ballots;
1.19(2) for contiguous precincts in the same municipality;
1.20(3) for up to four contiguous municipalities located entirely outside the metropolitan
1.21area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
1.22(4) for noncontiguous precincts located in one or more counties.
1.23A copy of the ordinance or resolution establishing a combined polling place must
1.24be filed with the county auditor within 30 days after approval by the governing body. A
1.25polling place combined under clause (3) must be approved by the governing body of each
1.26participating municipality. A polling place combined under clause (4) must be approved
2.1by the governing body of each participating municipality and the secretary of state and
2.2may be located outside any of the noncontiguous precincts. A municipality withdrawing
2.3from participation in a combined polling place must do so by filing a resolution of
2.4withdrawal with the county auditor no later than April February 1 of any year.
2.5The secretary of state shall provide a separate polling place roster for each precinct
2.6served by the combined polling place. A single set of election judges may be appointed
2.7to serve at a combined polling place. The number of election judges required must be
2.8based on the total number of persons voting at the last similar election in all precincts to
2.9be voting at the combined polling place. Separate ballot boxes must be provided for the
2.10ballots from each precinct. The results of the election must be reported separately for each
2.11precinct served by the combined polling place, except in a polling place established under
2.12clause (2) where one of the precincts has fewer than ten registered voters, in which case the
2.13results of that precinct must be reported in the manner specified by the secretary of state.

2.14    Sec. 2. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:
2.15    Subd. 4. Boundary change procedure. Any change in the boundary of an election
2.16precinct must be adopted at least ten weeks before the date of the next election and, for the
2.17state primary and general election, no later than June April 1 in the year of the state general
2.18election. The precinct boundary change shall not take effect until notice of the change has
2.19been posted in the office of the municipal clerk or county auditor for at least 56 days.
2.20The county auditor must publish a notice illustrating or describing the congressional,
2.21legislative, and county commissioner district boundaries in the county in one or more
2.22qualified newspapers in the county at least 14 days before the first day to file affidavits of
2.23candidacy for the state general election in the year ending in two.
2.24Alternate dates for adopting changes in precinct boundaries, posting notices
2.25of boundary changes, and notifying voters affected by boundary changes pursuant
2.26to this subdivision, and procedures for coordinating precinct boundary changes with
2.27reestablishing local government election district boundaries may be established in the
2.28manner provided in the rules of the secretary of state.

2.29    Sec. 3. Minnesota Statutes 2012, section 204B.21, subdivision 1, is amended to read:
2.30    Subdivision 1. Appointment lists; duties of political parties and secretary of
2.31state. On May March 1 in a year in which there is an election for a partisan political
2.32office, each major political party shall prepare a list of eligible voters to act as election
2.33judges in each election precinct. The political parties shall furnish the lists electronically
2.34to the secretary of state, in a format specified by the secretary of state. The secretary of
3.1state must combine the data received from each political party under this subdivision
3.2and must process the data to locate the precinct in which the address provided for each
3.3potential election judge is located. If the data submitted by a political party is insufficient
3.4for the secretary of state to locate the proper precinct, the associated name must not appear
3.5in any list forwarded to an appointing authority under this subdivision. The secretary of
3.6state shall notify political parties of any proposed election judges with addresses that
3.7could not be located in a precinct.
3.8    By May March 15, the secretary of state shall furnish electronically to the county
3.9auditor a list of the appropriate names for each election precinct in the jurisdiction of
3.10the appointing authority, noting the political party affiliation of each individual on the
3.11list. The county auditor must promptly forward the appropriate names to the appropriate
3.12municipal clerk.

3.13    Sec. 4. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
3.14    Subdivision 1. State primary. The state primary shall be held on the second first
3.15 Tuesday after the third Monday in August June in each even-numbered year to select
3.16the nominees of the major political parties for partisan offices and the nominees for
3.17nonpartisan offices to be filled at the state general election, other than presidential electors.

3.18    Sec. 5. Minnesota Statutes 2012, section 204D.09, subdivision 1, is amended to read:
3.19    Subdivision 1. Example ballot. (a) No later than May March 1 of each year, the
3.20secretary of state shall supply each auditor with a copy of an example ballot. The example
3.21ballot must illustrate the format required for the ballots used in the primary and general
3.22elections that year.
3.23(b) The county auditor shall distribute copies of the example ballot to municipal and
3.24school district clerks in municipalities and school districts holding elections that year. The
3.25official ballot must conform in all respects to the example ballot.

3.26    Sec. 6. Minnesota Statutes 2012, section 204D.28, subdivision 5, is amended to read:
3.27    Subd. 5. Regular state primary. "Regular state primary" means:
3.28(a) the state primary at which candidates are nominated for offices elected at the
3.29state general election; or
3.30(b) a primary held on the second first Tuesday after the third Monday in August June
3.31 of odd-numbered years.

3.32    Sec. 7. Minnesota Statutes 2012, section 205.065, subdivision 1, is amended to read:
4.1    Subdivision 1. Establishing primary. A municipal primary for the purpose of
4.2nominating elective officers may be held in any city on the second first Tuesday after the
4.3third Monday in August June of any year in which a municipal general election is to
4.4be held for the purpose of electing officers. The date of a municipal primary held in
4.5an odd-numbered year may be postponed for inclement weather as provided in section
4.6205.105 .

4.7    Sec. 8. Minnesota Statutes 2012, section 205.065, subdivision 2, is amended to read:
4.8    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
4.9or resolution adopted by April January 15 in the year when a municipal general election
4.10is held, elect to choose nominees for municipal offices by a primary as provided in this
4.11section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
4.12elections until it is revoked. The municipal clerk shall notify the secretary of state and the
4.13county auditor within 30 days after the adoption of the resolution or ordinance.

4.14    Sec. 9. Minnesota Statutes 2012, section 205A.03, subdivision 1, is amended to read:
4.15    Subdivision 1. Resolution requiring primary in certain circumstances. The
4.16school board of a school district may, by resolution adopted by April January 15 of any
4.17year, decide to choose nominees for school board by a primary as provided in this section.
4.18The resolution, when adopted, is effective for all ensuing elections of board members in
4.19that school district until it is revoked. If the board decides to choose nominees by primary
4.20and if there are more than two candidates for a specified school board position or more
4.21than twice as many school board candidates as there are at-large school board positions
4.22available, the school district must hold a primary.

4.23    Sec. 10. Minnesota Statutes 2012, section 205A.03, subdivision 2, is amended to read:
4.24    Subd. 2. Date. The school district primary must be held on the second first Tuesday
4.25 after the third Monday in August June in the year when the school district general election
4.26is held. The clerk shall give notice of the primary in the manner provided in section
4.27205A.07 . The date of a school district primary held in an odd-numbered year may be
4.28postponed for inclement weather as provided in section 205A.055.

4.29    Sec. 11. Minnesota Statutes 2012, section 205A.06, subdivision 1a, is amended to read:
4.30    Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
4.31nominees for school board by a primary election, affidavits of candidacy must be filed
4.32with the school district clerk no earlier than the 84th day and no later than the 70th day
5.1before the second first Tuesday after the third Monday in August June in the year when the
5.2school district general election is held. In all other school districts, affidavits of candidacy
5.3must be filed no earlier than the 98th day and no later than the 84th day before the school
5.4district general election.

5.5    Sec. 12. Minnesota Statutes 2012, section 205A.11, subdivision 2a, is amended to read:
5.6    Subd. 2a. Notice of special elections. The school district clerk shall prepare a
5.7notice to the voters who will be voting in a combined polling place for a school district
5.8special election. The notice must include the following information: the date of the
5.9election, the hours of voting, and the location of the voter's polling place. The notice must
5.10be sent by nonforwardable mail to every affected household in the school district with
5.11at least one registered voter. The notice must be mailed no later than 14 days before
5.12the election. The mailed notice is not required for a school district special election that
5.13is held on the second first Tuesday after the third Monday in August June, the Tuesday
5.14following the first Monday in November, or for a special election conducted entirely by
5.15mail. In addition, the mailed notice is not required for voters residing in a township if
5.16the school district special election is held on the second Tuesday in March and the town
5.17general election is held on that day. A notice that is returned as undeliverable must be
5.18forwarded immediately to the county auditor.

5.19    Sec. 13. Minnesota Statutes 2012, section 206.61, subdivision 5, is amended to read:
5.20    Subd. 5. Alternation. The provisions of the election laws requiring the alternation
5.21of names of candidates must be observed as far as practicable by changing the order of the
5.22names on an electronic voting system in the various precincts so that each name appears
5.23on the machines or marking devices used in a municipality substantially an equal number
5.24of times in the first, last, and in each intermediate place in the list or group in which
5.25they belong. However, the arrangement of candidates' names must be the same on all
5.26voting systems used in the same precinct. If the number of names to be alternated exceeds
5.27the number of precincts, the election official responsible for providing the ballots, in
5.28accordance with subdivision 1, shall determine by lot the alternation of names.
5.29If an electronic ballot marker is used with a paper ballot that is not an optical scan
5.30ballot card, the manner of alternation of candidate names on the paper ballot must be as
5.31prescribed for optical scan ballots in this subdivision.
5.32The rules adopted by the secretary of state for the rotation of candidate names must
5.33use the number of registered voters in each precinct as of 8:00 a.m. on May March 1 of
5.34the year when the rotation will be made as the basis for determining the rotation of names.

6.1    Sec. 14. Minnesota Statutes 2012, section 206.82, subdivision 2, is amended to read:
6.2    Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
6.3system is used and the county auditor of a county in which an electronic voting system
6.4is used in more than one municipality and the county auditor of a county in which a
6.5counting center serving more than one municipality is located shall prepare a plan which
6.6indicates acquisition of sufficient facilities, computer time, and professional services
6.7and which describes the proposed manner of complying with section 206.80. The plan
6.8must be signed, notarized, and submitted to the secretary of state more than 60 days
6.9before the first election at which the municipality uses an electronic voting system. Before
6.10May March 1 of each subsequent general election year, the clerk or auditor shall submit
6.11to the secretary of state notification of any changes to the plan on file with the secretary
6.12of state. The secretary of state shall review each plan for its sufficiency and may request
6.13technical assistance from the Office of Enterprise Technology or other agency which may
6.14be operating as the central computer authority. The secretary of state shall notify each
6.15reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
6.16of the plan. The attorney general, upon request of the secretary of state, may seek a district
6.17court order requiring an election official to fulfill duties imposed by this subdivision or by
6.18rules promulgated pursuant to this section.

6.19    Sec. 15. EFFECTIVE DATE.
6.20Sections 1 to 14 are effective January 1, 2014, and apply to elections conducted
6.21on or after that date.

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