HF 970

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to elections; removing a requirement for a recount in certain statewide
elections and requiring a special runoff election; authorizing the use of public
money for runoff elections; appropriating money; amending Minnesota Statutes
2008, sections 10A.315; 204C.35, subdivision 1, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 204D.

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

Section 1.

Minnesota Statutes 2008, section 10A.315, is amended to read:

10A.315 SPECIAL new text begin OR RUNOFF new text end ELECTION SUBSIDY.

(a) Each eligible candidate for a legislative office in a special election new text begin or for a state
constitutional office in a runoff election new text end must be paid a public subsidy equal to the sum of:

(1) the party account money at the last general election for the candidate's party
for the office the candidate is seeking; and

(2) the general account money paid to a candidate for the same office at the last
general election.

(b) A candidate who wishes to receive this public subsidy must submit a signed
agreement under section 10A.322 to the board and must meet the contribution
requirements of section 10A.323. The deleted text begin special election deleted text end subsidy new text begin provided under this section new text end
must be distributed in the same manner as money in the party and general accounts is
distributed to legislative candidates in a general election.

(c) The amount necessary to make the payments required by this section is
appropriated from the general fund to the board.

Sec. 2.

Minnesota Statutes 2008, section 204C.35, subdivision 1, is amended to read:

Subdivision 1.

Automatic recounts.

(a) In a state primary when the difference
between the votes cast for the candidates for nomination to a statewide federal office,
state constitutional office, statewide judicial office, congressional office, state legislative
office, or district judicial office:

(1) is less than one-half of one percent of the total number of votes counted for
that nomination; or

(2) is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;

and the difference determines the nomination, the canvassing board with responsibility for
declaring the results for that office shall manually recount the vote.

(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to a deleted text begin statewide federal office, state constitutional
office, statewide judicial office, deleted text end congressional office, state legislative office, or district
judicial office and the votes of any other candidate for that office:

(1) is less than one-half of one percent of the total number of votes counted for
that office; or

(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
less,

the canvassing board shall manually recount the votes.

(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this
section shall begin to run upon certification of the results of the recount by the canvassing
board.

(e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.

Sec. 3.

Minnesota Statutes 2008, section 204C.35, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Runoff election. new text end

new text begin In a state general election when the difference between
the votes of a candidate who would otherwise be declared elected to a statewide federal
office, state constitutional office, or statewide judicial office, and the votes of any other
candidate for that office is less than one-eighth of one percent of the total number of
votes counted for that office, the governor shall issue a writ calling for a runoff election
as provided by this subdivision. Within five days after the State Canvassing Board has
certified the report required under section 204C.33, subdivision 3, the governor shall issue
a writ to be filed with the secretary of state calling for a runoff election to be held no
earlier than 20 and no more than 30 days after the issuance of the writ. The runoff election
must be conducted under section 204D.30.
new text end

Sec. 4.

new text begin [204D.30] RUNOFF ELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Date; procedures. new text end

new text begin The runoff election required under section
204C.35, subdivision 4, must be held on a weekday and may not be held on the
Thanksgiving holiday. Except as provided in this section, all of the provisions of
Minnesota election law are applicable to runoff elections as far as practicable. The only
candidates listed on the ballot for the runoff election shall be the candidates and offices
determined under section 204C.35, subdivision 4. The procedures for conducting the
runoff election shall be as provided in section 204D.24.
new text end

new text begin Subd. 2. new text end

new text begin Ballots. new text end

new text begin (a) The county auditor shall prepare separate ballots for a runoff
election. The ballots shall be headed "Runoff Election Ballot," followed by the date of the
runoff election. The form of the ballots shall comply as far as practicable with the laws
relating to ballots for general elections. The county auditor shall post a sample of each
ballot in the auditor's office as soon as prepared and not later than four days before the
runoff election. Publication of the sample ballot is not required.
new text end

new text begin (b) No later than five days preceding the election, the county auditor or municipal
clerk shall provide an absentee ballot to each person who received an absentee ballot
under chapter 203B for the general election preceding the runoff election.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Upon receipt of a writ issued under section 204C.35, subdivision
4, the secretary of state shall send a certified copy of the writ to each county auditor.
The county auditor in each county shall direct the clerk of each municipality in the
county to post a notice of the runoff election within three days after receiving the certified
copy of the writ. An omission or defect in the notice required under this section does
not invalidate a runoff election.
new text end

new text begin Subd. 4. new text end

new text begin No recount. new text end

new text begin If the difference between the votes of any two candidates
for an office in an election conducted under this subdivision is less than one-half of one
percent of the total number of votes counted for that office, section 204C.35 does not apply.
The result of the runoff election may be challenged under the provisions of chapter 209.
new text end