HF 1045

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; providing for the treatment of
absentee ballots following a vacancy in nomination
because of death or catastrophic illness; amending
Minnesota Statutes 2004, section 204B.41.

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

Section 1.

Minnesota Statutes 2004, section 204B.41, is
amended to read:

204B.41 VACANCY IN NOMINATION; CHANGING BALLOTS.

new text begin (a) new text end When a vacancy in nomination occurs through the death
or catastrophic illness of a candidate after the 16th day before
the general election, the officer in charge of preparing the
ballots shall prepare and distribute a sufficient number of
separate paper ballots which shall be headed with the words
"OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the
title of the office for which the vacancy in nomination has been
filled and the names of all the candidates nominated for that
office. The ballot shall conform to the provisions governing
the printing of other official ballots as far as practicable.
The title of the office and the names of the candidates for that
office shall be blotted out or stricken from the regular ballots
by the election judges. The official supplemental ballot shall
be given to each voter when the voter is given the regular
ballot or is directed to the voting machine. Regular ballots
shall not be changed nor shall official supplemental ballots be
prepared as provided in this section during the six calendar
days before an election.

new text begin (b) new text end Absentee ballots that have been mailed prior to the
preparation of official supplemental ballots shall be counted in
the deleted text begin same deleted text end new text begin following new text end manner deleted text begin as if the vacancy had not occurred deleted text end . new text begin A
voter who requests an official supplemental ballot must be given
the ballot, and that ballot must be counted in place of the vote
the voter cast on the absentee ballot. A voter must be recorded
as having voted for the candidate chosen by the major political
party under section 204B.13 to fill the vacancy in nomination if
the voter:
new text end

new text begin (1) received the absentee ballot before the supplemental
ballot was prepared;
new text end

new text begin (2) did not request the supplemental ballot; and
new text end

new text begin (3) voted for the candidate who died or withdrew because of
catastrophic illness.
new text end

new text begin (c) new text end Both an official supplemental ballot and a replacement
regular ballot from which the title of the office and names of
the candidates for that office have been blotted out or stricken
as provided in this section must be provided to each absentee
voter or voter residing in a precinct voting by mail who
requests either of them under section 203B.06, subdivision 3.
The election judges conducting absentee voting in health care
facilities as provided in section 203B.11, subdivision 1, must
deliver official supplemental ballots and replacement regular
ballots to those facilities no later than 5:00 p.m. on the day
before the election.