HF 1113

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

A bill for an act
relating to elections; authorizing early voting; providing for special elections
in the case of vacancies in nomination; amending Minnesota Statutes 2008,
sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a subdivision;
203B.03, subdivision 1; 203B.05; 203B.11, subdivision 1; 203B.12, subdivision
2; 204B.04, subdivisions 2, 3; 204B.07, subdivision 1; 204B.09, subdivision 1;
204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions;
204C.10; 206.83; 206.89, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 203B; repealing Minnesota Statutes 2008, sections
203B.11, subdivision 2; 204B.12, subdivision 2a; 204B.13, subdivisions 4, 5,
6; 204B.41; 204D.169.

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

ARTICLE 1

EARLY VOTING

Section 1.

Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end

(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16 new text begin ; and new text end

new text begin (15) provide rosters, master lists, and other reports necessary for early voting new text end .

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 2.

Minnesota Statutes 2008, section 203B.001, is amended to read:

203B.001 ELECTION LAW APPLICABILITY.

The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early
voting new text end unless otherwise provided in this chapter.

Sec. 3.

Minnesota Statutes 2008, section 203B.01, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Early voting. new text end

new text begin "Early voting" means voting in person before election day at
the office of the county auditor or any other location authorized in this chapter.
new text end

Sec. 4.

Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:

Subdivision 1.

Violation.

No individual shall intentionally:

(a) make or sign any false certificate required by this chapter;

(b) make any false or untrue statement in any application for absentee ballots new text begin or
early voting ballots new text end ;

(c) apply for absentee ballots new text begin or early voting ballots new text end more than once in any election
with the intent to cast an illegal ballot;

(d) exhibit a ballot marked by that individual to any other individual;

(e) do any act in violation of the provisions of this chapter for the purpose of casting
an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(f) use information from absentee ballot new text begin or early voting new text end materials or records for
purposes unrelated to elections, political activities, or law enforcement;

(g) provide assistance to an absentee new text begin or early new text end voter except in the manner provided by
section 204C.15, subdivision 1;

(h) solicit the vote of an absentee new text begin or early new text end voter while in the immediate presence of
the voter during the time the individual knows the absentee new text begin or early new text end voter is voting; or

(i) alter an absentee new text begin or early voter new text end ballot application after it has been signed by the
voter, except by an election official for administrative purposes.

Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.

Sec. 5.

Minnesota Statutes 2008, section 203B.05, is amended to read:

203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER new text begin
EARLY AND new text end ABSENTEE VOTING LAWS.

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

(a) the county auditor of that county has designated the clerk to administer them; or

(b) the clerk has given the county auditor of that county notice of intention to
administer them.

new text begin A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the
clerk has technical capacity to access the absentee ballot module of the statewide voter
registration system in the secure manner prescribed by the secretary of state. The secretary
of state must identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the statewide voter
registration system. A clerk designated under this subdivision must receive training
approved by the secretary of state on the use of the statewide voter registration system.
A clerk may not use the statewide voter registration system until the clerk has received
the required training.
new text end

Subd. 2.

City, school district, and town elections.

For city, town, and school
district elections not held on the same day as a statewide election, applications for
absentee ballots shall be filed with the city, school district, or town clerk and the duties
prescribed by this chapter for the county auditor shall be performed by the city, school
district, or town clerk unless the county auditor agrees to perform those duties on behalf
of the city, school district, or town clerk. The costs incurred to provide absentee ballots
and perform the duties prescribed by this subdivision shall be paid by the city, town, or
school district holding the election.

Notwithstanding any other law, this chapter applies to school district elections held
on the same day as a statewide election or an election for a county or municipality wholly
or partially within the school district.

Sec. 6.

Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Each full-time municipal clerk or school district
clerk who has authority under section 203B.05 to administer absentee new text begin and early new text end voting
laws shall designate election judges to deliver deleted text begin absentee deleted text end ballots in accordance with this
section. The county auditor must also designate election judges to perform the duties in
this section. A ballot may be delivered only to an eligible voter who is a temporary or
permanent resident or patient in a health care facility or hospital located in the municipality
in which the voter maintains residence. The ballots shall be delivered by two election
judges, each of whom is affiliated with a different major political party. When the election
judges deliver or return ballots as provided in this section, they shall travel together in the
same vehicle. new text begin The election judges must bring a ballot box. new text end Both election judges shall be
present when an applicant deleted text begin completes the certificate of eligibility deleted text end new text begin signs the certification
required by section 204C.10, paragraph (b), new text end and marks the deleted text begin absentee deleted text end ballots, and may assist
an applicant as provided in section 204C.15. new text begin Voters must insert their ballots into the
ballot box. new text end The election judges shall deleted text begin deposit the return envelopes containing the marked
absentee ballots deleted text end new text begin remove the ballots from the ballot box, place them new text end in a sealed container
and return them to the clerk on the same day that they are delivered and marked.

new text begin Election judges may bring an electronic ballot counter to serve as the ballot box.
Election judges may bring an electronic ballot marker.
new text end

Sec. 7.

new text begin [203B.30] EARLY VOTING.
new text end

new text begin Any eligible voter may vote in person before election day in the manner provided
in sections 203B.31 to 203B.35.
new text end

Sec. 8.

new text begin [203B.31] TIME PERIOD FOR EARLY VOTING.
new text end

new text begin Early voting must be available to any eligible voter as provided in section 203B.32
for every primary, general, and special election from 15 days before the election through
5:00 p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the
fourth day before the election must be allowed to vote.
new text end

Sec. 9.

new text begin [203B.32] HOURS FOR EARLY VOTING.
new text end

new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
each weekday during the time period provided in section 203B.31; from 8:00 a.m. to 8:00
p.m. on at least one of those days; and from 8:00 a.m. to 4:00 p.m. on the Saturday
before the election.
new text end

Sec. 10.

new text begin [203B.33] LOCATIONS FOR EARLY VOTING.
new text end

new text begin (a) Early voting must be made available at a polling place designated in the county
auditor's office, at the municipal clerk's office in every municipality that has been
delegated the responsibility to administer absentee voting as provided in section 203B.05,
and at any other location designated by the county auditor or municipal clerk at least 90
days before the election. At least one voting station and one ballot marking device for
disabled voters must be made available in each polling place.
new text end

new text begin (b) The county auditor must make at least one ballot box available in each polling
place. As soon as practicable following the public accuracy test, the county auditor must
make an electronic ballot counter available.
new text end

Sec. 11.

new text begin [203B.34] NOTICE TO VOTERS.
new text end

new text begin The county auditor must prepare a notice to the voters of the days, times, and
locations for early voting. This notice must be posted on the county's Web site and the
Web site for each municipality in the county where an early voting location is designated
for the election at least 14 days before the first day for early voting.
new text end

Sec. 12.

new text begin [203B.35] PROCEDURES FOR EARLY VOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin Each voter shall sign an early voting roster that
must include the certification provided in section 204C.10. An individual who is not
registered to vote must register in the manner provided in section 201.061, subdivision
3. After the voter has signed a roster, two election judges must initial the appropriate
ballot for the voter's precinct and provide it to the voter. The voter must mark the ballot
and deposit it in either a precinct voting system or a sealed ballot box. A voter may
not leave the polling place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Record of voting. new text end

new text begin (a) The county auditor or municipal clerk must
immediately record that a voter has voted early on the voter's record in the statewide voter
registration system. After a voter's record has been marked to record that an individual
has voted early, the individual must not be allowed to vote again at that election. Voters
who are not preregistered at the voter's current address must be considered election day
registrants.
new text end

new text begin (b) The early voting rosters must be marked no later than the start of voting on
election day to indicate the voters who have cast a ballot at an early voting location.
The roster may be marked either:
new text end

new text begin (1) by the municipal clerk before election day;
new text end

new text begin (2) by the absentee ballot board before election day; or
new text end

new text begin (3) by the election judges at the polling place on election day.
new text end

new text begin (c) A voter who has cast a ballot in person by early voting and deposited it in a ballot
box or ballot counter must not be permitted to vote at the polling place on election day.
An absentee ballot received from a voter who has cast a ballot in person by early voting
must be rejected by the election judges.
new text end

new text begin Subd. 3. new text end

new text begin Storage and counting of ballots. new text end

new text begin Two staff of the county auditor or two
election judges of different major political parties must:
new text end

new text begin (1) remove the ballots from the ballot box and seal and secure them at the end of
each day on which early ballots were inserted into the ballot box; and
new text end

new text begin (2) ensure that the number of ballots removed from the ballot box is equal to the
number of voters who voted early.
new text end

new text begin After the polls have closed, two staff of the county auditor or two election judges
of different major political parties must count the early ballots, tabulating the vote in a
manner that indicates each vote of the voter and the total votes cast for each candidate
or question. In state primary and state general elections, the results must indicate the
total votes cast for each candidate or question in each precinct and report the vote totals
tabulated for each precinct. The count shall be public. No vote totals from early ballots
may be made public before the close of voting on election day.
new text end

Sec. 13.

Minnesota Statutes 2008, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster which states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent to
vote or has the right to vote because, if the individual was convicted of a felony, the felony
sentence has expired or been completed or the individual has been discharged from the
sentence, is registered and has not already voted in the election. The roster must also state:
"I understand that deliberately providing false information is a felony punishable by not
more than five years imprisonment and a fine of not more than $10,000, or both."

(b) new text begin An individual voting early under section 203B.30 must sign a roster that meets
the additional requirements of this paragraph. In addition to the content required under
paragraph (a), the roster must also state: "I understand that after I have cast my ballot
today, I cannot vote again in this election."
new text end

new text begin (c) All of the text contained within the quotation marks in paragraphs (a) and (b)
must be in bold type in rosters provided to individuals voting under section 203B.30.
new text end

new text begin (d) new text end A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.

deleted text begin (c) deleted text end new text begin (e) new text end After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

Sec. 14.

Minnesota Statutes 2008, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

deleted text begin Within 14 days before election day, deleted text end The official in charge of elections shall have
the voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group
of ballots punched or marked to record a predetermined number of valid votes for each
candidate and on each question, and must include for each office one or more ballot cards
which have votes in excess of the number allowed by law in order to test the ability of
the voting system tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of
the test, the programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.

new text begin Testing of equipment used for early voting must be conducted as soon as practicable
after the equipment has been programmed. Testing of equipment used on the day of the
election must be conducted within the 14 days before election day.
new text end

Sec. 15.

Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. new text begin The early ballots counted centrally must be considered
a precinct eligible to be selected for the purposes of this subdivision. new text end The county
canvassing board of a county with fewer than 50,000 registered voters must conduct a
postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 203B.11, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 17. new text begin EFFECTIVE DATE; APPLICABILITY.
new text end

new text begin (a) Sections 1 to 16 are effective when the secretary of state has certified that:
new text end

new text begin (1) the statewide voter registration system has been tested, shown to properly allow
for the tracking of the information required to conduct early voting, and can handle the
expected volume of use; and
new text end

new text begin (2) that voting equipment that can tabulate at least 30 different ballot styles has
been certified for use in this state.
new text end

new text begin (b) Upon certification, sections 1 to 16 apply to all federal, state, county, and city
elections held in 2010 and thereafter, and to all other elections held in 2014 and thereafter.
A municipality may implement the requirements of this chapter prior to the date provided
in this paragraph, if the secretary of state has made the certification required in paragraph
(a) at least 90 days prior to the date of the election at which early voting will be used.
new text end

ARTICLE 2

VACANCIES IN NOMINATION

Section 1.

Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:

Subd. 2.

Examination of return envelopes.

Two or more election judges shall
examine each return envelope and shall mark it accepted or rejected in the manner
provided in this subdivision. deleted text begin If a ballot has been prepared under section 204B.12,
subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes
from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
an absentee ballot board established under section 203B.13.
deleted text end

The election judges shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election judges or a majority
of them are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota Rules, the
signature is not required to match;

(3) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and

(4) the voter has not already voted at that election, either in person or by absentee
ballot.

There is no other reason for rejecting an absentee ballot. In particular, failure to
place the ballot within the security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

If all or a majority of the election judges examining return envelopes find that
an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
(4), they shall mark the return envelope "Rejected," initial or sign it below the word
"Rejected," and return it to the county auditor.

Sec. 2.

Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:

Subd. 2.

Candidates seeking nomination by primary.

No individual who
seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
for the same office by nominating petition, except as otherwise provided for partisan
offices in section 204D.10, subdivision 2 deleted text begin , and for nonpartisan offices in section 204B.13,
subdivision 4 deleted text end .

Sec. 3.

Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:

Subd. 3.

Nomination for nonpartisan office.

No individual shall be nominated
by nominating petition for any nonpartisan office deleted text begin except in the event of a vacancy in
nomination as provided in section 204B.13 deleted text end .

Sec. 4.

Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:

Subdivision 1.

Form of petition.

A nominating petition may consist of one or more
separate pages each of which shall state:

(a) the office sought;

(b) the candidate's name and residence address, including street and number if
any; and

(c) the candidate's political party or political principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition shall use
the term "nonpartisan" as a statement of political principle or the name of the candidate's
political party. No part of the name of a major political party may be used to designate the
political party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. deleted text begin A candidate who files by nominating petition to fill a vacancy in nomination for
a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
the name of any political party on the petition. deleted text end

Sec. 5.

Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. deleted text begin Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. deleted text end No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.

Sec. 6.

Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:

Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 deleted text begin or 204B.13, subdivision 4, deleted text end is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 7.

Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:

Subdivision 1.

Death or withdrawal.

A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:

deleted text begin (a) deleted text end new text begin (1) new text end a major political party candidate deleted text begin or nonpartisan candidate deleted text end who was nominated
at a primary dies deleted text begin or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a deleted text end ; or

deleted text begin (b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or
files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. deleted text end new text begin (2) a major
political party candidate for state constitutional office or the candidate's legal guardian
files an affidavit of vacancy at least one day prior to the general election with the same
official who received the affidavit of candidacy that states that:
new text end

new text begin (i) the candidate has a catastrophic illness that was diagnosed after the deadline
for withdrawal; and
new text end

new text begin (ii) the candidate's illness will permanently and continuously incapacitate the
candidate and prevent the candidate from performing the duties of the office sought.
new text end

new text begin The affidavit must be accompanied by a certificate verifying that the candidate's
illness meets the requirements of this clause, signed by at least two licensed physicians.
new text end

Sec. 8.

Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:

Subd. 2.

Partisan office deleted text begin ; nomination by party deleted text end .

(a) A vacancy in nomination deleted text begin for
partisan office deleted text end shall deleted text begin be filled as provided in this subdivision deleted text end new text begin effectively remove that office
from the ballot. Votes cast at the general election for that office are invalid and the office
must be filled in a special election held in accordance with section 204D.17, except as
provided by this section new text end .

new text begin Except for the vacancy in nomination, all other candidates whose names would have
appeared on the general election ballot for this race must appear on the special election
ballot for this race. There must not be a primary to fill the vacancy in nomination.
new text end

A major political party has the authority to fill a vacancy in nomination of that
party's candidate by filing a nomination certificate with the same official who received
the affidavits of candidacy for that office.

(b) A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for all new text begin federal
and state new text end offices deleted text begin elected statewide deleted text end . The nomination certificate shall be prepared under the
direction of and executed by the chair and secretary of the political party and filed within
seven days after the vacancy in nomination occurs deleted text begin or before the 14th day before the
general election, whichever is sooner. If the vacancy in nomination occurs through the
candidate's death or catastrophic illness, the nomination certificate must be filed within
seven days after the vacancy in nomination occurs but no later than four days before
the general election deleted text end . The chair and secretary when filing the certificate shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

Sec. 9.

Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Date of special election. new text end

new text begin The special election must be held on the second
Tuesday in December.
new text end

Sec. 10.

Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Absentee voters. new text end

new text begin All applicants for absentee ballots for the general
election must be sent ballots for the special election, without submission of a new absentee
ballot application.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
4, 5, and 6; 204B.41; and 204D.169, new text end new text begin are repealed.
new text end