HF 1506

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing the precinct caucus 
  1.3             date; changing the date of the state party nominating 
  1.4             election and primary; changing requirements for names 
  1.5             appearing on the state party nominating election 
  1.6             ballot; changing certain terminology; changing a sign 
  1.7             regulation; amending Minnesota Statutes 2002, sections 
  1.8             10A.31, subdivision 6; 10A.321, subdivision 1; 
  1.9             10A.322, subdivision 1; 10A.323; 202A.14, subdivision 
  1.10            1; 204B.03; 204B.06, subdivision 7; 204B.08, 
  1.11            subdivisions 1, 2; 204B.09, subdivision 1; 204B.10, 
  1.12            subdivisions 2, 3; 204B.11; 204B.12, subdivision 1; 
  1.13            204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 
  1.14            204B.27, subdivision 2; 204B.33; 204B.44; 204C.26, 
  1.15            subdivision 3; 204D.03, subdivision 1; 204D.08, 
  1.16            subdivision 4; 204D.09, subdivision 1; 205.065, 
  1.17            subdivision 1; 205.13, subdivision 1a; 205A.03, 
  1.18            subdivision 2; 205A.06, subdivision 1a; 206.82, 
  1.19            subdivision 2; 211B.045; proposing coding for new law 
  1.20            in Minnesota Statutes, chapter 204B. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 2002, section 10A.31, 
  1.23  subdivision 6, is amended to read: 
  1.24     Subd. 6.  [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 
  1.25  board has obtained from the secretary of state the results of 
  1.26  the primary state party nominating election, but no later than 
  1.27  one week after certification by the state canvassing board of 
  1.28  the results of the primary that election, the board must 
  1.29  distribute the available money in each party account, as 
  1.30  certified by the commissioner of revenue on September 1 one week 
  1.31  before the state party nominating election, to the candidates of 
  1.32  that party who have signed a spending limit agreement under 
  1.33  section 10A.322 and filed the affidavit of contributions 
  2.1   required by section 10A.323, who were opposed in either the 
  2.2   primary state party nominating election or the general election, 
  2.3   and whose names are to appear on the ballot in the general 
  2.4   election, according to the allocations set forth in subdivisions 
  2.5   5 and 5a.  The public subsidy from the party account may not be 
  2.6   paid in an amount greater than the expenditure limit of the 
  2.7   candidate or the expenditure limit that would have applied to 
  2.8   the candidate if the candidate had not been freed from 
  2.9   expenditure limits under section 10A.25, subdivision 10.  If a 
  2.10  candidate files the affidavit required by section 10A.323 after 
  2.11  September 1 of the general election year later than one week 
  2.12  before the state party nominating election, the board must pay 
  2.13  the candidate's allocation to the candidate at the next regular 
  2.14  payment date for public subsidies for that election cycle that 
  2.15  occurs at least 15 days after the candidate files the affidavit. 
  2.16     Sec. 2.  Minnesota Statutes 2002, section 10A.321, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
  2.19  ESTIMATES.] The commissioner of revenue must calculate and 
  2.20  certify to the board one week before July 1 the first day for 
  2.21  filing for office in each election year an estimate of the total 
  2.22  amount in the state general account of the state elections 
  2.23  campaign fund and the amount of money each candidate who 
  2.24  qualifies, as provided in section 10A.31, subdivisions 6 and 7, 
  2.25  may receive from the candidate's party account in the state 
  2.26  elections campaign fund.  This estimate must be based upon the 
  2.27  allocations and formulas in section 10A.31, subdivisions 5 and 
  2.28  5a, any necessary vote totals provided by the secretary of state 
  2.29  to apply the formulas in section 10A.31, subdivisions 5 and 5a, 
  2.30  and the amount of money expected to be available after 100 
  2.31  percent of the tax returns have been processed.  
  2.32     Sec. 3.  Minnesota Statutes 2002, section 10A.322, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  2.35  condition of receiving a public subsidy, a candidate must sign 
  2.36  and file with the board a written agreement in which the 
  3.1   candidate agrees that the candidate will comply with sections 
  3.2   10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph 
  3.3   (c); and 10A.324. 
  3.4      (b) Before the first day of filing for office, the board 
  3.5   must forward agreement forms to all filing officers.  The board 
  3.6   must also provide agreement forms to candidates on request at 
  3.7   any time.  The candidate must file the agreement with the board 
  3.8   by September 1 preceding the candidate's general election or a 
  3.9   special election held at the general no later than one week 
  3.10  before the candidate's state party nominating election.  An 
  3.11  agreement may not be filed after that date.  An agreement once 
  3.12  filed may not be rescinded. 
  3.13     (c) The board must notify the commissioner of revenue of 
  3.14  any agreement signed under this subdivision. 
  3.15     (d) Notwithstanding paragraph (b), if a vacancy occurs that 
  3.16  will be filled by means of a special election and the filing 
  3.17  period does not coincide with the filing period for the general 
  3.18  election, a candidate may sign and submit a spending limit 
  3.19  agreement not later than the day after the candidate files the 
  3.20  affidavit of candidacy or nominating petition for the office. 
  3.21     Sec. 4.  Minnesota Statutes 2002, section 10A.323, is 
  3.22  amended to read: 
  3.23     10A.323 [AFFIDAVIT OF CONTRIBUTIONS.] 
  3.24     In addition to the requirements of section 10A.322, to be 
  3.25  eligible to receive a public subsidy under section 10A.31 a 
  3.26  candidate or the candidate's treasurer must file an affidavit 
  3.27  with the board stating that during that calendar year the 
  3.28  candidate has accumulated contributions from persons eligible to 
  3.29  vote in this state in at least the amount indicated for the 
  3.30  office sought, counting only the first $50 received from each 
  3.31  contributor: 
  3.32     (1) candidates for governor and lieutenant governor running 
  3.33  together, $35,000; 
  3.34     (2) candidates for attorney general, $15,000; 
  3.35     (3) candidates for secretary of state and state auditor, 
  3.36  separately, $6,000; 
  4.1      (4) candidates for the senate, $3,000; and 
  4.2      (5) candidates for the house of representatives, $1,500. 
  4.3      The affidavit must state the total amount of contributions 
  4.4   that have been received from persons eligible to vote in this 
  4.5   state, disregarding the portion of any contribution in excess of 
  4.6   $50.  
  4.7      The candidate or the candidate's treasurer must submit the 
  4.8   affidavit required by this section to the board in writing by 
  4.9   September 1 of the general election year no later than one week 
  4.10  before the state party nominating election.  
  4.11     A candidate for a vacancy to be filled at a special 
  4.12  election for which the filing period does not coincide with the 
  4.13  filing period for the general election must submit the affidavit 
  4.14  required by this section to the board within five days after 
  4.15  filing the affidavit of candidacy.  
  4.16     Sec. 5.  Minnesota Statutes 2002, section 202A.14, 
  4.17  subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  4.19  At 7:00 p.m. on the first third Tuesday in March February in 
  4.20  every state general election year there shall be held for every 
  4.21  election precinct a party caucus in the manner provided in 
  4.22  sections 202A.14 to 202A.19, except that in the event of severe 
  4.23  weather a major political party may request the secretary of 
  4.24  state to postpone caucuses.  If a major political party makes a 
  4.25  request, or upon the secretary of state's own initiative, after 
  4.26  consultation with all major political parties and on the advice 
  4.27  of the federal weather bureau and the department of 
  4.28  transportation, the secretary of state may declare precinct 
  4.29  caucuses to be postponed for a week in counties where weather 
  4.30  makes travel especially dangerous.  The secretary of state shall 
  4.31  submit a notice of the postponement to news media covering the 
  4.32  affected counties by 6:00 p.m. on the scheduled day of the 
  4.33  caucus.  A postponed caucus may also be postponed pursuant to 
  4.34  this subdivision. 
  4.35     Sec. 6.  Minnesota Statutes 2002, section 204B.03, is 
  4.36  amended to read: 
  5.1      204B.03 [MANNER OF NOMINATION.] 
  5.2      Subdivision 1.  [CANDIDATES FOR NONPARTISAN OFFICE.] 
  5.3   Candidates of a major political party for any partisan office 
  5.4   except presidential elector and All candidates for nonpartisan 
  5.5   office shall apply for a place on the primary ballot by filing 
  5.6   an affidavit of candidacy as provided in section 204B.06, and 
  5.7   except as otherwise provided in section 204D.07, subdivision 3, 
  5.8   shall be nominated by primary.  
  5.9      Subd. 2.  [MAJOR POLITICAL PARTY CANDIDATES FOR 
  5.10  CONGRESSIONAL, STATE CONSTITUTIONAL, AND LEGISLATIVE 
  5.11  OFFICES.] Major political party candidates endorsed for 
  5.12  congressional, state constitutional, and legislative office must 
  5.13  appear on the state party nominating ballot by party 
  5.14  certification under section 204B.051, subdivision 2, and by 
  5.15  filing an affidavit of candidacy as provided in section 204B.06. 
  5.16  Major political party candidates for congressional, state 
  5.17  constitutional, and legislative office who are not endorsed must 
  5.18  apply for a place on the state party nominating ballot by party 
  5.19  notification as a qualified candidate under section 204B.051, 
  5.20  subdivision 4, and by filing an affidavit of candidacy as 
  5.21  provided in section 204B.06; or by filing an affidavit of 
  5.22  candidacy and a petition under section 204B.051, subdivisions 6 
  5.23  and 7. 
  5.24     Subd. 3.  [CANDIDATES NOT SEEKING NOMINATION OF A MAJOR 
  5.25  POLITICAL PARTY.] Candidates for any partisan office who do not 
  5.26  seek the nomination of a major political party shall be 
  5.27  nominated by nominating petition as provided in sections 204B.07 
  5.28  and 204B.08, and, except for presidential elector candidates, 
  5.29  shall file an affidavit of candidacy as provided in section 
  5.30  204B.06.  
  5.31     Sec. 7.  [204B.051] [FILING FOR STATE PARTY NOMINATING 
  5.32  ELECTION; MAJOR PARTY CANDIDATES FOR PARTISAN OFFICE.] 
  5.33     Subdivision 1.  [NOTICE OF PARTISAN OFFICES TO BE ELECTED.] 
  5.34  By February 15 of each even-numbered year, the secretary of 
  5.35  state shall send the state chair of each major political party a 
  5.36  notice of the congressional, state constitutional, and 
  6.1   legislative offices to be elected at the state general election. 
  6.2      Subd. 2.  [CERTIFICATION OF ENDORSED CANDIDATES.] No later 
  6.3   than 56 days before the state party nominating election, the 
  6.4   state chair of each major political party shall certify to the 
  6.5   secretary of state or appropriate county auditor the name of the 
  6.6   person endorsed as a candidate for a congressional, state 
  6.7   constitutional, or legislative office at the appropriate party 
  6.8   endorsing convention according to the party rules. 
  6.9      Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  6.10  endorsed candidates must include the name of the candidate as it 
  6.11  is to appear on the ballot and the name of the office sought.  
  6.12  The certification must also include a statement that each 
  6.13  candidate meets the qualifications for the office sought.  The 
  6.14  certification must be prepared by the party chair in the manner 
  6.15  provided by the secretary of state. 
  6.16     Subd. 4.  [NOTIFICATION OF CANDIDATES.] No later than 56 
  6.17  days before the state party nominating election, the state chair 
  6.18  of each major political party shall certify to the secretary of 
  6.19  state or appropriate county auditor the name of each person who 
  6.20  received at least 30 percent of the votes on any ballot at the 
  6.21  appropriate party endorsing convention for a congressional, 
  6.22  state constitutional, or legislative office according to the 
  6.23  party rules.  The state party chair must send a copy of the 
  6.24  certification to each affected candidate by the same deadline.  
  6.25  The certification must include a statement that the candidate 
  6.26  meets the qualifications for the office sought.  The 
  6.27  certification must be prepared by the state party chair in the 
  6.28  manner required by the secretary of state. 
  6.29     Subd. 5.  [ELIGIBILITY OF CANDIDATES.] A candidate must not 
  6.30  be certified by a major political party if the candidate does 
  6.31  not meet the constitutional and statutory requirements for the 
  6.32  office sought. 
  6.33     Subd. 6.  [PARTY QUALIFYING PETITION.] A candidate whose 
  6.34  name is not certified by a major political party as provided in 
  6.35  subdivision 2 or 4 may apply for a place on the state party 
  6.36  nominating ballot for a congressional, state constitutional, or 
  7.1   legislative office by filing an affidavit of candidacy and a 
  7.2   party qualifying petition. 
  7.3      The petition must include the signatures in a number equal 
  7.4   to at least ten percent of the number of persons voting for the 
  7.5   nomination of the office sought at the last regularly scheduled 
  7.6   state party nominating election for that office.  By February 15 
  7.7   of each even-numbered year, the secretary of state shall 
  7.8   determine the minimum number of signatures required for persons 
  7.9   submitting petitions as provided in this subdivision. 
  7.10     Subd. 7.  [FORM OF PETITION.] The party qualifying petition 
  7.11  required by subdivision 6 must include the following information:
  7.12  candidate's name, candidate's residence address, party name, and 
  7.13  office sought.  The petition must include the following oath or 
  7.14  affirmation of the signers:  "Under penalty of perjury, I 
  7.15  solemnly swear (or affirm) that I know the contents and purpose 
  7.16  of this petition, that I am eligible to vote for the candidate 
  7.17  named on this petition, that I either participated in the most 
  7.18  recent precinct caucus for the party listed on the petition or 
  7.19  intend to vote for a majority of that party's candidates at the 
  7.20  next state general election, and that I signed this petition of 
  7.21  my own free will." 
  7.22     Petitions submitted under this subdivision must be in the 
  7.23  form specified by the secretary of state, who shall prepare 
  7.24  samples of the form. 
  7.25     An individual who, in signing a petition, makes a false 
  7.26  oath is guilty of perjury. 
  7.27     Sec. 8.  Minnesota Statutes 2002, section 204B.06, 
  7.28  subdivision 7, is amended to read: 
  7.29     Subd. 7.  [GOVERNOR AND LIEUTENANT GOVERNOR.] An individual 
  7.30  who is certified by a major political party or who files as a 
  7.31  candidate for governor or lieutenant governor shall be certified 
  7.32  as a team or file the affidavit of candidacy jointly with the 
  7.33  affidavit of another individual who seeks nomination as a 
  7.34  candidate for the other office.  
  7.35     Sec. 9.  Minnesota Statutes 2002, section 204B.08, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [TIME FOR SIGNING.] Nominating petitions 
  8.2   shall be signed during the period when petitions may be filed as 
  8.3   provided in section 204B.09.  Party qualifying petitions 
  8.4   authorized by section 204B.051, subdivision 6, may be signed no 
  8.5   earlier than 98 days before the state party nominating election 
  8.6   and no later than 56 days before the state party nominating 
  8.7   election. 
  8.8      Sec. 10.  Minnesota Statutes 2002, section 204B.08, 
  8.9   subdivision 2, is amended to read: 
  8.10     Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
  8.11  petition or party qualifying petition may be signed only by 
  8.12  individuals who are eligible to vote for the candidate who is 
  8.13  nominated named on the petition.  No individual may sign more 
  8.14  than one nominating petition or party qualifying petition for 
  8.15  candidates for the same office unless more than one candidate is 
  8.16  to be elected to that office.  If more than one candidate is to 
  8.17  be elected to the office, an individual may sign as many 
  8.18  petitions as there are candidates to be elected.  
  8.19     Sec. 11.  Minnesota Statutes 2002, section 204B.09, 
  8.20  subdivision 1, is amended to read: 
  8.21     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  8.22  ELECTIONS.] (a) Except as otherwise provided by this 
  8.23  subdivision, affidavits of candidacy and, nominating petitions, 
  8.24  and party qualifying petitions for county, state, and federal 
  8.25  offices filled at the state general election shall be filed not 
  8.26  more than 70 days nor less than 56 days before the state party 
  8.27  nominating election and primary.  The affidavit may be prepared 
  8.28  and signed at any time between 60 days before the filing period 
  8.29  opens and the last day of the filing period.  
  8.30     (b) Notwithstanding other law to the contrary, the 
  8.31  affidavit of candidacy must be signed in the presence of a 
  8.32  notarial officer or an individual authorized to administer oaths 
  8.33  under section 358.10. 
  8.34     (c) This provision does not apply to candidates for 
  8.35  presidential elector nominated by major political parties.  
  8.36  Major party candidates for presidential elector are certified 
  9.1   under section 208.03.  Other candidates for presidential 
  9.2   electors may file petitions on or before the state party 
  9.3   nominating election and primary day.  Nominating petitions to 
  9.4   fill vacancies in nominations shall be filed as provided in 
  9.5   section 204B.13.  No affidavit or petition shall be accepted 
  9.6   later than 5:00 p.m. on the last day for filing. 
  9.7      (d) Affidavits and petitions for offices to be voted on in 
  9.8   only one county shall be filed with the county auditor of that 
  9.9   county.  Affidavits and petitions for offices to be voted on in 
  9.10  more than one county shall be filed with the secretary of state. 
  9.11     Sec. 12.  Minnesota Statutes 2002, section 204B.10, 
  9.12  subdivision 2, is amended to read: 
  9.13     Subd. 2.  [NOMINATING PETITIONS; PARTY QUALIFYING 
  9.14  PETITIONS; ACKNOWLEDGMENT; NUMBERING.] On the day a nominating 
  9.15  petition or party qualifying petition is filed, the election 
  9.16  official shall deliver or mail an acknowledgment of the petition 
  9.17  to the individual who files it and to the candidate who is to be 
  9.18  nominated.  The election official shall also number the 
  9.19  petitions in the order received.  The petitions shall be 
  9.20  retained as provided in section 204B.40, and shall be available 
  9.21  for public inspection during that period. 
  9.22     Sec. 13.  Minnesota Statutes 2002, section 204B.10, 
  9.23  subdivision 3, is amended to read: 
  9.24     Subd. 3.  [INSPECTION.] The official with whom nominating 
  9.25  petitions or party qualifying petitions are filed shall inspect 
  9.26  the petitions in the order filed to verify that there are a 
  9.27  sufficient number of signatures of individuals whose residence 
  9.28  address as shown on the petition is in the district where the 
  9.29  candidate is to be nominated.  
  9.30     Sec. 14.  Minnesota Statutes 2002, section 204B.11, is 
  9.31  amended to read: 
  9.32     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  9.33  FILING FEE.] 
  9.34     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  9.35  Except as provided by subdivision 2, a filing fee shall be paid 
  9.36  by each candidate who files an affidavit of candidacy.  The fee 
 10.1   shall be paid at the time the affidavit is filed.  The amount of 
 10.2   the filing fee shall vary with the office sought as follows: 
 10.3      (a) for the office of governor, lieutenant governor, 
 10.4   attorney general, state auditor, state treasurer, secretary of 
 10.5   state, representative in Congress, judge of the supreme court, 
 10.6   judge of the court of appeals, or judge of the district court, 
 10.7   $300; 
 10.8      (b) for the office of senator in Congress, $400; 
 10.9      (c) for the office of senator or representative in the 
 10.10  legislature, $100; 
 10.11     (d) for a county office, $50; and 
 10.12     (e) for the office of soil and water conservation district 
 10.13  supervisor, $20. 
 10.14     For the office of presidential elector, and for those 
 10.15  offices for which no compensation is provided, no filing fee is 
 10.16  required. 
 10.17     The filing fees received by the county auditor shall 
 10.18  immediately be paid to the county treasurer.  The filing fees 
 10.19  received by the secretary of state shall immediately be paid to 
 10.20  the state treasurer. 
 10.21     When an affidavit of candidacy has been filed with the 
 10.22  appropriate filing officer and the requisite filing fee has been 
 10.23  paid, The filing fee shall not be refunded.  If a candidate's 
 10.24  filing fee is paid with a check, draft, or similar negotiable 
 10.25  instrument for which sufficient funds are not available or that 
 10.26  is dishonored, notice to the candidate of the worthless 
 10.27  instrument must be sent by the filing officer via registered 
 10.28  mail no later than immediately upon the closing of the filing 
 10.29  deadline with return receipt requested.  The candidate will have 
 10.30  five days from the time the filing officer receives proof of 
 10.31  receipt to issue a check or other instrument for which 
 10.32  sufficient funds are available.  The candidate issuing the 
 10.33  worthless instrument is liable for a service charge pursuant to 
 10.34  section 604.113.  If adequate payment is not made, the name of 
 10.35  the candidate must not appear on any official ballot and the 
 10.36  candidate is liable for all costs incurred by election officials 
 11.1   in removing the name from the ballot. 
 11.2      Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
 11.3   filing an affidavit of candidacy, A candidate may present a 
 11.4   petition in place of the filing fee.  The petition may be signed 
 11.5   by any individual eligible to vote for the candidate.  A 
 11.6   nominating petition filed pursuant to section 204B.07 or 
 11.7   204B.13, subdivision 4, or a petition submitted to the secretary 
 11.8   of state as provided in section 204B.051, subdivision 6, is 
 11.9   effective as a petition in place of a filing fee if the 
 11.10  nominating petition includes a prominent statement informing the 
 11.11  signers of the petition that it will be used for that purpose.  
 11.12     The number of signatures on a petition used solely in place 
 11.13  of a filing fee shall be as follows:  
 11.14     (a) for a state office voted on statewide, or for president 
 11.15  of the United States, or United States senator, 2,000; 
 11.16     (b) for a congressional office, 1,000; 
 11.17     (c) for a county or legislative office, or for the office 
 11.18  of district judge, 500; and 
 11.19     (d) for any other office which requires a filing fee as 
 11.20  prescribed by law, municipal charter, or ordinance, the lesser 
 11.21  of 500 signatures or five percent of the total number of votes 
 11.22  cast in the municipality, ward, or other election district at 
 11.23  the preceding general election at which that office was on the 
 11.24  ballot.  
 11.25     An official with whom petitions are filed shall make sample 
 11.26  forms for petitions in place of filing fees available upon 
 11.27  request.  
 11.28     Sec. 15.  [204B.115] [VERIFYING SIGNATURES ON PETITIONS.] 
 11.29     The secretary of state shall use a random sampling 
 11.30  technique to verify that the persons signing a party qualifying 
 11.31  petition, a nominating petition, or a petition in place of a 
 11.32  filing fee are eligible voters.  The secretary of state must 
 11.33  complete the verification within ten working days after the 
 11.34  petition is filed.  
 11.35     (a) If a candidate for senator is named on the petition, 
 11.36  the sample size must be 160 signatures, or 40 percent of the 
 12.1   signatures required, whichever is greater, except that the 
 12.2   sample number shall not exceed the number of signatures required 
 12.3   for a valid petition. 
 12.4      (b) If a candidate for representative is named on the 
 12.5   petition, the sample size must be 80 signatures, or 40 percent 
 12.6   of the signatures required, whichever is greater, except that 
 12.7   the sample number shall not exceed the number of signatures 
 12.8   required for a valid petition. 
 12.9      (c) If a candidate for senator or representative in 
 12.10  Congress, governor, lieutenant governor, secretary of state, 
 12.11  state auditor, or attorney general, or for judge of the supreme 
 12.12  court, court of appeals, or district court is named on the 
 12.13  petition, the sample size must be 2,000 signatures.  
 12.14     (d) The secretary of state shall consecutively number every 
 12.15  completed signature line on the petition.  The signature lines 
 12.16  on the petition that correspond to the random numbers generated 
 12.17  constitute the sample for the verification process.  
 12.18     (e) The secretary of state shall verify that the address 
 12.19  given by each signatory in the sample is in the district from 
 12.20  which the candidate named on the petition is to be elected and 
 12.21  that the birth date given by each signatory in the sample 
 12.22  establishes that the signatory was at least 18 years old when 
 12.23  the petition was signed.  Signatures from persons determined by 
 12.24  the secretary of state to be ineligible to vote must not be 
 12.25  counted.  
 12.26     (f) The secretary of state shall determine what percentage 
 12.27  of the signatories in the sample are eligible voters.  
 12.28     (g) The secretary of state shall multiply the total number 
 12.29  of petition signatories by the percentage of signatories 
 12.30  determined to be eligible voters in the sample to determine how 
 12.31  many of the signatories on the petition are deemed to be 
 12.32  eligible voters.  
 12.33     (h) If the statistical sampling shows the number of 
 12.34  signatories deemed to be eligible voters is less than 100 
 12.35  percent of the required number and the time for filing has 
 12.36  expired during the verification process, the secretary of state 
 13.1   shall dismiss the petition and notify the petitioners of the 
 13.2   reasons for the dismissal.  
 13.3      (i) If the statistical sampling shows the number of 
 13.4   signatories deemed to be eligible voters is less than 100 
 13.5   percent of the required number but the time for filing has not 
 13.6   expired during the verification process, the secretary of state 
 13.7   shall notify the petitioners: 
 13.8      (1) that the petition has not been signed by the required 
 13.9   number of eligible voters; 
 13.10     (2) of the number of additional signatures needed; 
 13.11     (3) that the time for filing has not expired; 
 13.12     (4) of the number of days left to file; and 
 13.13     (5) that the petitioners may provide the secretary of state 
 13.14  with the required number of additional signatures before the 
 13.15  close of filing.  
 13.16     If the petitioners do not provide the secretary of state 
 13.17  with additional signatures before the close of filing, the 
 13.18  secretary of state shall dismiss the petition and notify the 
 13.19  petitioners.  If the petitioners provide the secretary of state 
 13.20  with additional signatures, the secretary of state shall 
 13.21  reverify the signatures using the procedure described in this 
 13.22  section. 
 13.23     Sec. 16.  Minnesota Statutes 2002, section 204B.12, 
 13.24  subdivision 1, is amended to read: 
 13.25     Subdivision 1.  [BEFORE STATE PARTY NOMINATING ELECTION AND 
 13.26  PRIMARY.] A candidate may withdraw from the state party 
 13.27  nominating election ballot or the primary ballot by filing an 
 13.28  affidavit of withdrawal with the same official who received 
 13.29  the party certification or affidavit of candidacy.  The 
 13.30  affidavit shall request that official to withdraw the 
 13.31  candidate's name from the ballot and shall be filed no later 
 13.32  than two days after the last day for filing for the office. 
 13.33     Sec. 17.  Minnesota Statutes 2002, section 204B.14, 
 13.34  subdivision 2, is amended to read: 
 13.35     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
 13.36  The following shall constitute at least one election precinct:  
 14.1      (1) each city ward; and 
 14.2      (2) each town and each statutory city.  
 14.3      (b) A single, accessible, combined polling place may be 
 14.4   established no later than June March 1 of any year: 
 14.5      (1) for any city of the third or fourth class, any town, or 
 14.6   any city having territory in more than one county, in which all 
 14.7   the voters of the city or town shall cast their ballots; 
 14.8      (2) for two contiguous precincts in the same municipality 
 14.9   that have a combined total of fewer than 500 registered voters; 
 14.10  or 
 14.11     (3) for up to four contiguous municipalities located 
 14.12  entirely outside the metropolitan area, as defined by section 
 14.13  473.121, subdivision 2, that are contained in the same county. 
 14.14     A copy of the ordinance or resolution establishing a 
 14.15  combined polling place must be filed with the county auditor 
 14.16  within 30 days after approval by the governing body.  A polling 
 14.17  place combined under clause (3) must be approved by the 
 14.18  governing body of each participating municipality.  A 
 14.19  municipality withdrawing from participation in a combined 
 14.20  polling place must do so by filing a resolution of withdrawal 
 14.21  with the county auditor no later than May 1 of any year. 
 14.22     The secretary of state shall provide a separate polling 
 14.23  place roster for each precinct served by the combined polling 
 14.24  place.  A single set of election judges may be appointed to 
 14.25  serve at a combined polling place.  The number of election 
 14.26  judges required must be based on the total number of persons 
 14.27  voting at the last similar election in all precincts to be 
 14.28  voting at the combined polling place.  Separate ballot boxes 
 14.29  must be provided for the ballots from each precinct.  The 
 14.30  results of the election must be reported separately for each 
 14.31  precinct served by the combined polling place, except in a 
 14.32  polling place established under clause (2) where one of the 
 14.33  precincts has fewer than ten registered voters, in which case 
 14.34  the results of that precinct must be reported in the manner 
 14.35  specified by the secretary of state.  
 14.36     Sec. 18.  Minnesota Statutes 2002, section 204B.14, 
 15.1   subdivision 4, is amended to read: 
 15.2      Subd. 4.  [BOUNDARY CHANGE PROCEDURE.] Any change in the 
 15.3   boundary of an election precinct shall be adopted at least 90 
 15.4   days before the date of the next election and, for the state 
 15.5   party nominating election and primary and the general election, 
 15.6   no later than June March 1 in the year of the state general 
 15.7   election.  The precinct boundary change shall not take effect 
 15.8   until notice of the change has been posted in the office of the 
 15.9   municipal clerk or county auditor for at least 60 days.  
 15.10     The county auditor must publish a notice illustrating or 
 15.11  describing the congressional, legislative, and county 
 15.12  commissioner district boundaries in the county in one or more 
 15.13  qualified newspapers in the county at least 14 days prior to the 
 15.14  first day to file affidavits of candidacy for the state general 
 15.15  election in the year ending in two. 
 15.16     Alternate dates for adopting changes in precinct 
 15.17  boundaries, posting notices of boundary changes, and notifying 
 15.18  voters affected by boundary changes pursuant to this 
 15.19  subdivision, and procedures for coordinating precinct boundary 
 15.20  changes with reestablishing local government election district 
 15.21  boundaries may be established in the manner provided in the 
 15.22  rules of the secretary of state. 
 15.23     Sec. 19.  Minnesota Statutes 2002, section 204B.21, 
 15.24  subdivision 1, is amended to read: 
 15.25     Subdivision 1.  [APPOINTMENT LISTS; DUTIES OF POLITICAL 
 15.26  PARTIES AND COUNTY AUDITOR.] On July March 1 in a year in which 
 15.27  there is an election for a partisan political office, the county 
 15.28  or legislative district chairs of each major political party, 
 15.29  whichever is designated by the state party, shall prepare a list 
 15.30  of eligible voters to act as election judges in each election 
 15.31  precinct in the county or legislative district.  The chairs 
 15.32  shall furnish the lists to the county auditor of the county in 
 15.33  which the precinct is located.  
 15.34     By July March 15, the county auditor shall furnish to the 
 15.35  appointing authorities a list of the appropriate names for each 
 15.36  election precinct in the jurisdiction of the appointing 
 16.1   authority.  Separate lists shall be submitted by the county 
 16.2   auditor for each major political party.  
 16.3      Sec. 20.  Minnesota Statutes 2002, section 204B.27, 
 16.4   subdivision 2, is amended to read: 
 16.5      Subd. 2.  [ELECTION LAW AND INSTRUCTIONS.] The secretary of 
 16.6   state shall prepare and publish a volume containing all state 
 16.7   general laws relating to elections.  The attorney general shall 
 16.8   provide annotations to the secretary of state for this volume.  
 16.9   On or before July April 1 of every even numbered year the 
 16.10  secretary of state shall furnish to the county auditors and 
 16.11  municipal clerks enough copies of this volume so that each 
 16.12  county auditor and municipal clerk will have at least one copy.  
 16.13  The secretary of state may prepare and transmit to the county 
 16.14  auditors and municipal clerks detailed written instructions for 
 16.15  complying with election laws relating to the conduct of 
 16.16  elections, conduct of voter registration and voting procedures. 
 16.17     Sec. 21.  Minnesota Statutes 2002, section 204B.33, is 
 16.18  amended to read: 
 16.19     204B.33 [NOTICE OF FILING.] 
 16.20     (a) Between June 1 and July 1 in each even numbered year No 
 16.21  later than 15 weeks before the state party nominating election, 
 16.22  the secretary of state shall notify each county auditor of the 
 16.23  offices to be voted for in that county at the next state general 
 16.24  election for which candidates file with the secretary of state.  
 16.25  The notice shall include the time and place of filing for those 
 16.26  offices.  Within ten days after notification by the secretary of 
 16.27  state, each county auditor shall notify each municipal clerk in 
 16.28  the county of all the offices to be voted for in the county at 
 16.29  that election and the time and place for filing for those 
 16.30  offices.  The county auditors and municipal clerks shall 
 16.31  promptly post a copy of that notice in their offices. 
 16.32     (b) At least two weeks before the first day to file an 
 16.33  affidavit of candidacy, the county auditor shall publish a 
 16.34  notice stating the first and last dates on which affidavits of 
 16.35  candidacy may be filed in the county auditor's office and the 
 16.36  closing time for filing on the last day for filing.  The county 
 17.1   auditor shall post a similar notice at least ten days before the 
 17.2   first day to file affidavits of candidacy. 
 17.3      Sec. 22.  Minnesota Statutes 2002, section 204B.44, is 
 17.4   amended to read: 
 17.5      204B.44 [ERRORS AND OMISSIONS; REMEDY.] 
 17.6      Any individual may file a petition in the manner provided 
 17.7   in this section for the correction of any of the following 
 17.8   errors, omissions or wrongful acts which have occurred or are 
 17.9   about to occur:  
 17.10     (a) An error or omission in the placement or printing of 
 17.11  the name or description of any candidate or any question on any 
 17.12  official ballot; 
 17.13     (b) Any other error in preparing or printing any official 
 17.14  ballot; 
 17.15     (c) Failure of the chair or secretary of the proper 
 17.16  committee of a major political party to execute or file a 
 17.17  certificate of nomination or a certification or notification 
 17.18  required under section 204B.051; 
 17.19     (d) Any wrongful act, omission, or error of any election 
 17.20  judge, municipal clerk, county auditor, canvassing board or any 
 17.21  of its members, the secretary of state, or any other individual 
 17.22  charged with any duty concerning an election.  
 17.23     The petition shall describe the error, omission or wrongful 
 17.24  act and the correction sought by the petitioner.  The petition 
 17.25  shall be filed with any judge of the supreme court in the case 
 17.26  of an election for state or federal office or any judge of the 
 17.27  district court in that county in the case of an election for 
 17.28  county, municipal, or school district office.  The petitioner 
 17.29  shall serve a copy of the petition on the officer, board or 
 17.30  individual charged with the error, omission or wrongful act, and 
 17.31  on any other party as required by the court.  Upon receipt of 
 17.32  the petition the court shall immediately set a time for a 
 17.33  hearing on the matter and order the officer, board or individual 
 17.34  charged with the error, omission or wrongful act to correct the 
 17.35  error or wrongful act or perform the duty or show cause for not 
 17.36  doing so.  The court shall issue its findings and a final order 
 18.1   for appropriate relief as soon as possible after the hearing.  
 18.2   Failure to obey the order is contempt of court. 
 18.3      Sec. 23.  Minnesota Statutes 2002, section 204C.26, 
 18.4   subdivision 3, is amended to read: 
 18.5      Subd. 3.  [SECRETARY OF STATE.] On or before July April 1 
 18.6   of each even-numbered year, the secretary of state shall 
 18.7   prescribe the form for summary statements of election returns 
 18.8   and the methods by which returns for the state party nominating 
 18.9   election and primary and the state general election shall be 
 18.10  recorded by precinct, county, and state election officials.  
 18.11  Each county auditor and municipal or school district clerk 
 18.12  required to furnish summary statements shall prepare them in the 
 18.13  manner prescribed by the secretary of state.  The summary 
 18.14  statement of the state party nominating election and primary 
 18.15  returns shall be in the same form as the summary statement of 
 18.16  the general election returns except that a separate part of the 
 18.17  summary statement shall be provided for the partisan primary 
 18.18  state party nominating election ballot and a separate part for 
 18.19  the nonpartisan primary ballot. 
 18.20     Sec. 24.  Minnesota Statutes 2002, section 204D.03, 
 18.21  subdivision 1, is amended to read: 
 18.22     Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
 18.23  PRIMARY.] The state party nominating election and primary shall 
 18.24  be held on the first Tuesday after the second third Monday in 
 18.25  September June in each even-numbered year to select the nominees 
 18.26  of the major political parties for partisan offices and the 
 18.27  nominees for nonpartisan offices to be filled at the state 
 18.28  general election, other than presidential electors.  
 18.29     Sec. 25.  Minnesota Statutes 2002, section 204D.08, 
 18.30  subdivision 4, is amended to read: 
 18.31     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
 18.32  BALLOT; PARTY COLUMNS.] The state partisan primary party 
 18.33  nominating election ballot shall be headed by the words 
 18.34  "State Partisan Primary Party Nominating Election Ballot."  The 
 18.35  ballot shall be printed on white paper.  There must be at least 
 18.36  three vertical columns on the ballot and each major political 
 19.1   party shall have a separate column headed by the words 
 19.2   ".......... Party," giving the party name.  Above the party 
 19.3   names, the following statement shall be printed.  
 19.4      "Minnesota Election Law permits you to vote for the 
 19.5   candidates of only one political party in a state partisan 
 19.6   primary party nominating election." 
 19.7      If there are only two major political parties to be listed 
 19.8   on the ballot, one party must occupy the left-hand column, the 
 19.9   other party must occupy the right-hand column, and the center 
 19.10  column must contain the following statement:  
 19.11     "Do not vote for candidates of more than one party."  
 19.12     The names of the candidates seeking the nomination of each 
 19.13  major political party shall be listed in that party's 
 19.14  column.  The name of a candidate who was endorsed by a major 
 19.15  political party must be followed by the term "endorsed," unless 
 19.16  the candidate files with the affidavit of candidacy an affidavit 
 19.17  requesting that the candidate's name not be followed by the term 
 19.18  "endorsed."  If only one individual files an affidavit of 
 19.19  candidacy seeking the nomination of a major political party for 
 19.20  an office, the name of that individual shall be placed on the 
 19.21  state partisan primary party nominating election ballot at the 
 19.22  appropriate location in that party's column.  
 19.23     In each column, the candidates for senator in Congress 
 19.24  shall be listed first, candidates for representative in Congress 
 19.25  second, candidates for state senator third, candidates for state 
 19.26  representative fourth and then candidates for state office in 
 19.27  the order specified by the secretary of state.  
 19.28     The party columns shall be substantially the same in width, 
 19.29  type, and appearance.  The columns shall be separated by a 
 19.30  12-point solid line. 
 19.31     Sec. 26.  Minnesota Statutes 2002, section 204D.09, 
 19.32  subdivision 1, is amended to read: 
 19.33     Subdivision 1.  [EXAMPLE BALLOT.] (a) No later than 
 19.34  June March 1 of each year, the secretary of state shall supply 
 19.35  each auditor with a copy of an example ballot.  The example 
 19.36  ballot must illustrate the format required for the ballots used 
 20.1   in the primary and general elections that year. 
 20.2      (b) The county auditor shall distribute copies of the 
 20.3   example ballot to municipal and school district clerks in 
 20.4   municipalities and school districts holding elections that 
 20.5   year.  The official ballot must conform in all respects to the 
 20.6   example ballot. 
 20.7      Sec. 27.  Minnesota Statutes 2002, section 205.065, 
 20.8   subdivision 1, is amended to read: 
 20.9      Subdivision 1.  [ESTABLISHING PRIMARY.] A municipal primary 
 20.10  for the purpose of nominating elective officers may be held in 
 20.11  any city on the first Tuesday after the third Monday in June or 
 20.12  on the first Tuesday after the second Monday in September of any 
 20.13  year in which a municipal general election is to be held for the 
 20.14  purpose of electing officers. 
 20.15     Sec. 28.  Minnesota Statutes 2002, section 205.13, 
 20.16  subdivision 1a, is amended to read: 
 20.17     Subd. 1a.  [FILING PERIOD.] In municipalities nominating 
 20.18  candidates at a municipal primary, an affidavit of candidacy for 
 20.19  a city office or town office voted on in November must be filed 
 20.20  not more than 70 days nor less than 56 days before the first 
 20.21  Tuesday after the second Monday in September preceding the 
 20.22  municipal general election primary.  In all other 
 20.23  municipalities, an affidavit of candidacy must be filed not more 
 20.24  than 70 days and not less than 56 days before the municipal 
 20.25  general election. 
 20.26     Sec. 29.  Minnesota Statutes 2002, section 205A.03, 
 20.27  subdivision 2, is amended to read: 
 20.28     Subd. 2.  [DATE.] The school district primary must be 
 20.29  held on the first Tuesday after the third Monday in June or on 
 20.30  the first Tuesday after the second Monday in September in the 
 20.31  year when the school district general election is held.  The 
 20.32  clerk shall give notice of the primary in the manner provided in 
 20.33  section 205A.07. 
 20.34     Sec. 30.  Minnesota Statutes 2002, section 205A.06, 
 20.35  subdivision 1a, is amended to read: 
 20.36     Subd. 1a.  [FILING PERIOD.] In school districts nominating 
 21.1   candidates at a school district primary, affidavits of candidacy 
 21.2   may be filed with the school district clerk no earlier than the 
 21.3   70th day and no later than the 56th day before the first Tuesday 
 21.4   after the second Monday in September in the year when the school 
 21.5   district general election is held primary.  In all other school 
 21.6   districts, affidavits of candidacy must be filed not more than 
 21.7   70 days and not less than 56 days before the school district 
 21.8   general election. 
 21.9      Sec. 31.  Minnesota Statutes 2002, section 206.82, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  [PLAN.] The municipal clerk in a municipality 
 21.12  where an electronic voting system is used and the county auditor 
 21.13  of a county in which a counting center serving more than one 
 21.14  municipality is located shall prepare a plan which indicates 
 21.15  acquisition of sufficient facilities, computer time, and 
 21.16  professional services and which describes the proposed manner of 
 21.17  complying with section 206.80.  The plan must be signed, 
 21.18  notarized, and submitted to the secretary of state more than 60 
 21.19  days before the first election at which the municipality uses an 
 21.20  electronic voting system.  Prior to July April 1 of each 
 21.21  subsequent general election year, the clerk or auditor shall 
 21.22  submit to the secretary of state notification of any changes to 
 21.23  the plan on file with the secretary of state.  The secretary of 
 21.24  state shall review each plan for its sufficiency and may request 
 21.25  technical assistance from the department of administration or 
 21.26  other agency which may be operating as the central computer 
 21.27  authority.  The secretary of state shall notify each reporting 
 21.28  authority of the sufficiency or insufficiency of its plan within 
 21.29  20 days of receipt of the plan.  The attorney general, upon 
 21.30  request of the secretary of state, may seek a district court 
 21.31  order requiring an election official to fulfill duties imposed 
 21.32  by this subdivision or by rules promulgated pursuant to this 
 21.33  section. 
 21.34     Sec. 32.  Minnesota Statutes 2002, section 211B.045, is 
 21.35  amended to read: 
 21.36     211B.045 [NONCOMMERCIAL SIGNS EXEMPTION.] 
 22.1      In any municipality with an ordinance that regulates the 
 22.2   size of noncommercial signs, notwithstanding the provisions of 
 22.3   that ordinance, all noncommercial signs of any size may be 
 22.4   posted from August June 1 in a state general election year until 
 22.5   ten days following the state general election. 
 22.6      Sec. 33.  [REVISOR'S INSTRUCTION.] 
 22.7      The revisor of statutes shall change the terms in column A 
 22.8   to the corresponding terms in column B wherever they appear in 
 22.9   Minnesota Statutes or Minnesota Rules. 
 22.10        Column A                      Column B
 22.11     state primary                state party nominating
 22.12                                  election and primary 
 22.13     state partisan primary       state party nominating
 22.14                                  election