HF 1407

as introduced - 87th Legislature (2011 - 2012) Posted on 04/07/2011 11:43am

A bill for an act
relating to elections; changing certain procedures and requirements related to
vacancies in nomination; amending Minnesota Statutes 2010, section 204B.13,
subdivisions 1, 2, by adding subdivisions; repealing Minnesota Statutes 2010,
sections 204B.41; 204D.169.

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

Section 1.

Minnesota Statutes 2010, 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 who was nominated
at a primary deleted text end new text begin whose name is to appear on the general election ballot new text end dies deleted text begin or files an
affidavit of withdrawal as provided in section 204B.12, subdivision 2a deleted text end new text begin after the date
of the state primary new text end ; deleted text begin or
deleted text end

deleted text begin (b) deleted text end new text begin (2) new text end 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 begin . deleted text end new text begin ; or
new text end

new text begin (3) a major political party candidate for constitutional office whose name is to
appear on the general election ballot 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, as provided in section 204B.12, subdivision 1; 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. 2.

Minnesota Statutes 2010, 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 for
partisan office shall deleted text begin be filled as provided in this subdivision deleted text end new text begin effectively remove that office
from the ballot new text end . new text begin 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. 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 deleted text begin a deleted text end new text begin one new text end 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 deleted text begin vacancies deleted text end new text begin a vacancy new text end in nomination for
deleted text begin all offices elected statewide deleted text end new text begin any federal or state office new 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 deleted text begin seven deleted text end new text begin 14 new text end 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 deleted text end new text begin but no later than seven days after new text end the general election. 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. 3.

Minnesota Statutes 2010, 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 January.
new text end

Sec. 4.

Minnesota Statutes 2010, 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 The county auditor shall transmit an absentee ballot for
the special election under this section to each applicant for an absentee ballot whose
application for an absentee ballot for the preceding general election was recorded under
section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general
election, the county auditor shall mail the ballot no earlier than the date of the general
election and no later than five days after the general election. If the vacancy in nomination
is filled after the general election, the county auditor must mail the ballot no later than five
days after the vacancy in nomination is filled.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 204B.41; and 204D.169, new text end new text begin are repealed.
new text end