HF 1110

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

A bill for an act
relating to elections; providing for elimination of
the state primary in a municipality or county if no
nominee must be selected at the state primary for any
partisan or nonpartisan office in that municipality or
county; amending Minnesota Statutes 2004, sections
204D.03, subdivision 1; 204D.07, subdivision 3;
204D.12.

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

Section 1.

Minnesota Statutes 2004, section 204D.03,
subdivision 1, is amended to read:

Subdivision 1.

State primary.

new text begin (a) new text end The state primary
shall be held on the first Tuesday after the second Monday in
September in each even-numbered year to select the nominees of
the major political parties for partisan offices and the
nominees for nonpartisan offices to be filled at the state
general election, other than presidential electors.

new text begin (b) If in any municipality or county there are no partisan
or nonpartisan offices for which nominees must be selected at
the state primary, no state primary shall be held in the
municipality or county. However, at least 15 days before the
date of the state primary, the municipal clerk or county auditor
in such a municipality or county must post a notice in the
office, and send a copy of the notice to the secretary of state,
stating that no primary will be held in the municipality or
county because there are no partisan or nonpartisan offices for
which nominees must be selected in the municipality or county.
new text end

Sec. 2.

Minnesota Statutes 2004, section 204D.07,
subdivision 3, is amended to read:

Subd. 3.

Exception; certain new text begin partisan and new text end nonpartisan
deleted text begin candidate deleted text end new text begin candidates new text end .

new text begin (a) If the candidate of a major political
party for a particular office is not opposed in the state
partisan primary, the office and the candidate's name must be
omitted from the party column on the state partisan primary
ballot and the candidate who filed must be the nominee of the
party.
new text end

new text begin (b) new text end If not more than twice the number of individuals to be
elected to a nonpartisan office file for the nomination, their
names and the name of the office shall be omitted from the state
and county nonpartisan primary ballot and the candidates who
filed shall be the nominees.

Sec. 3.

Minnesota Statutes 2004, section 204D.12, is
amended to read:

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor
shall place on the appropriate state general election ballot the
name of every candidate:

(a) Whose nomination at the state primary has been
certified by the appropriate canvassing board;

(b) Who has been nominated by petition, including
candidates certified by the secretary of state; and

(c) Who was nominated and whose name was omitted from the
state new text begin partisan or new text end nonpartisan primary ballot pursuant to section
204D.07, subdivision 3. Only the names of duly nominated
candidates may be placed on a ballot.