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HF 1393

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/01/2018 03:53pm

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

Current Version - 2nd Engrossment

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A bill for an act
relating to elections; changing the date of the state primary from August to June;
changing the date of primary elections conducted by a political subdivision in
certain circumstances; amending Minnesota Statutes 2016, sections 204B.14,
subdivision 2; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28,
subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06,
subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision
2; Minnesota Statutes 2017 Supplement, section 204B.21, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 204B.14, subdivision 2, is amended to read:


Subd. 2.

Separate precincts; combined polling place.

(a) The following shall constitute
at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
November 1 if a presidential nomination primary is scheduled to occur in the following
year or deleted text beginMaydeleted text endnew text begin Marchnew text end 1 of any other year:

(1) for any city of the third or fourth class, any town, or any city having territory in more
than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county;
or

(4) for noncontiguous precincts located in one or more counties.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.

A copy of the ordinance or resolution establishing a combined polling place must be
filed with the county auditor within 30 days after approval by the governing body. A polling
place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved by
the governing body of each participating municipality and the secretary of state and may
be located outside any of the noncontiguous precincts. A municipality withdrawing from
participation in a combined polling place must do so by filing a resolution of withdrawal
with the county auditor no later than October 1 if a presidential nomination primary is
scheduled to occur in the following year or deleted text beginAprildeleted text endnew text begin Februarynew text end 1 of any other year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after May 1 and until the polls close on election
day;

(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's Web
site, if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 204B.21, subdivision 1, is amended
to read:


Subdivision 1.

Appointment lists; duties of political parties and secretary of state.

On deleted text beginMaydeleted text endnew text begin Marchnew text end 1 in a year in which there is an election for a partisan political office, each
major political party shall prepare a list of eligible voters to act as election judges in each
election precinct. The list provided by the party must indicate which eligible voters are
willing to travel to a precinct outside of their home jurisdiction to act as an election judge,
and the jurisdictions to which each eligible voter is willing to travel for that purpose. The
political parties shall furnish the lists electronically to the secretary of state, in a format
specified by the secretary of state. The secretary of state must combine the data received
from each political party under this subdivision and must process the data to locate the
precinct in which the address provided for each potential election judge is located. If the
data submitted by a political party is insufficient for the secretary of state to locate the proper
precinct, the associated name must not appear in any list forwarded to an appointing authority
under this subdivision. The secretary of state shall notify political parties of any proposed
election judges with addresses that could not be located in a precinct.

By deleted text beginMaydeleted text endnew text begin Marchnew text end 15, the secretary of state shall furnish electronically to the county auditor
a list of the appropriate names for each election precinct in the jurisdiction of the appointing
authority, and a list of the names of individuals residing outside of the jurisdiction who
indicated a willingness to travel to that jurisdiction to act as an election judge, noting the
political party affiliation of each individual on the list. The county auditor must promptly
forward the appropriate names to the appropriate municipal clerk.

Sec. 3.

Minnesota Statutes 2016, section 204D.03, subdivision 1, is amended to read:


Subdivision 1.

State primary.

The state primary shall be held on the deleted text beginseconddeleted text endnew text begin firstnew text end Tuesdaynew text begin
after the third Monday
new text end in deleted text beginAugustdeleted text endnew text begin Junenew text end 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.

Sec. 4.

Minnesota Statutes 2016, section 204D.09, subdivision 1, is amended to read:


Subdivision 1.

Example ballot.

No later than deleted text beginMaydeleted text endnew text begin Marchnew text end 1 of each year, the secretary
of state shall supply each auditor with a copy of an example ballot to be used at the state
primary and state general election. The example ballot must illustrate the format required
for the ballots used in the primary and general elections that year. The county auditor shall
distribute copies of the example ballot to municipal and school district clerks in municipalities
and school districts holding elections that year. The official ballot must conform in all
respects to the example ballot.

Sec. 5.

Minnesota Statutes 2016, section 204D.28, subdivision 5, is amended to read:


Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the state
general election; or

(b) a primary held on the deleted text beginseconddeleted text endnew text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text beginAugustdeleted text endnew text begin Junenew text end
of odd-numbered years.

Sec. 6.

Minnesota Statutes 2016, section 205.065, subdivision 1, is amended to read:


Subdivision 1.

Establishing primary.

A municipal primary for the purpose of nominating
elective officers may be held in any city on the deleted text beginseconddeleted text endnew text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end
in deleted text beginAugustdeleted text endnew text begin Junenew text end of any year in which a municipal general election is to be held for the purpose
of electing officers. The date of a municipal primary held in an odd-numbered year may be
postponed for inclement weather as provided in section 205.105.

Sec. 7.

Minnesota Statutes 2016, section 205.065, subdivision 2, is amended to read:


Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance or
resolution adopted by deleted text beginAprildeleted text endnew text begin Januarynew text end 15 in the year when a municipal general election is
held, elect to choose nominees for municipal offices by a primary as provided in this section.
The resolution or ordinance, when adopted, is effective for all ensuing municipal elections
until it is revoked. The municipal clerk shall notify the secretary of state and the county
auditor within 30 days after the adoption of the resolution or ordinance.

Sec. 8.

Minnesota Statutes 2016, section 205A.03, subdivision 1, is amended to read:


Subdivision 1.

Resolution requiring primary in certain circumstances.

The school
board of a school district may, by resolution adopted by deleted text beginAprildeleted text endnew text begin Januarynew text end 15 of any year, decide
to choose nominees for school board by a primary as provided in this section. The resolution,
when adopted, is effective for all ensuing elections of board members in that school district
until it is revoked. If the board decides to choose nominees by primary and if there are more
than two candidates for a specified school board position or more than twice as many school
board candidates as there are at-large school board positions available, the school district
must hold a primary.

Sec. 9.

Minnesota Statutes 2016, section 205A.03, subdivision 2, is amended to read:


Subd. 2.

Date.

The school district primary must be held on the deleted text beginseconddeleted text endnew text begin firstnew text end Tuesdaynew text begin
after the third Monday
new text end in deleted text beginAugustdeleted text endnew text begin Junenew text end in the year when the school district general election
is held. The clerk shall give notice of the primary in the manner provided in section 205A.07.
The date of a school district primary held in an odd-numbered year may be postponed for
inclement weather as provided in section 205A.055.

Sec. 10.

Minnesota Statutes 2016, section 205A.06, subdivision 1a, is amended to read:


Subd. 1a.

Filing period.

In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed with
the school district clerk no earlier than the 84th day and no later than the 70th day before
the deleted text beginseconddeleted text endnew text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text beginAugustdeleted text endnew text begin Junenew text end in the year when the school
district general election is held. In all other school districts, affidavits of candidacy must be
filed no earlier than the 98th day and no later than the 84th day before the school district
general election.

Sec. 11.

Minnesota Statutes 2016, section 205A.11, subdivision 2a, is amended to read:


Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a notice to
the voters who will be voting in a combined polling place for a school district special election.
The notice must include the following information: the date of the election, the hours of
voting, and the location of the voter's polling place. The notice must be sent by
nonforwardable mail to every affected household in the school district with at least one
registered voter. The notice must be mailed no later than 14 days before the election. The
mailed notice is not required for a school district special election that is held on the deleted text beginseconddeleted text endnew text begin
first
new text end Tuesday new text beginafter the third Monday new text endin deleted text beginAugustdeleted text endnew text begin Junenew text end, the Tuesday following the first Monday
in November, or for a special election conducted entirely by mail. A notice that is returned
as undeliverable must be forwarded immediately to the county auditor.

Sec. 12.

Minnesota Statutes 2016, section 206.61, subdivision 5, is amended to read:


Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation of
names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears on
the machines or marking devices used in a municipality substantially an equal number of
times in the first, last, and in each intermediate place in the list or group in which they
belong. However, the arrangement of candidates' names must be the same on all voting
systems used in the same precinct. If the number of names to be alternated exceeds the
number of precincts, the election official responsible for providing the ballots, in accordance
with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot
card, the manner of alternation of candidate names on the paper ballot must be as prescribed
for optical scan ballots in this subdivision.

The rules adopted by the secretary of state for the rotation of candidate names must use
the number of registered voters in each precinct as of 8:00 a.m. on deleted text beginMaydeleted text endnew text begin Marchnew text end 1 of the year
when the rotation will be made as the basis for determining the rotation of names.

Sec. 13.

Minnesota Statutes 2016, section 206.82, subdivision 2, is amended to read:


Subd. 2.

Plan.

The municipal clerk in a municipality where an electronic voting system
is used and the county auditor of a county in which an electronic voting system is used in
more than one municipality and the county auditor of a county in which a counting center
serving more than one municipality is located shall prepare a plan which indicates acquisition
of sufficient facilities, computer time, and professional services and which describes the
proposed manner of complying with section 206.80. The plan must be signed, notarized,
and submitted to the secretary of state more than 60 days before the first election at which
the municipality uses an electronic voting system. Before deleted text beginMaydeleted text endnew text begin Marchnew text end 1 of each subsequent
general election year, the clerk or auditor shall submit to the secretary of state notification
of any changes to the plan on file with the secretary of state. The secretary of state shall
review each plan for its sufficiency and may request technical assistance from the Office
of MN.IT Services or other agency which may be operating as the central computer authority.
The secretary of state shall notify each reporting authority of the sufficiency or insufficiency
of its plan within 20 days of receipt of the plan. The attorney general, upon request of the
secretary of state, may seek a district court order requiring an election official to fulfill
duties imposed by this subdivision or by rules promulgated pursuant to this section.

Sec. 14. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective January 1, 2020, and apply to elections conducted on or
after that date.
new text end