HF 1506

as introduced - 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; amending 
  1.7             Minnesota Statutes 2002, sections 202A.14, subdivision 
  1.8             1; 204B.03; 204B.06, subdivision 7; 204B.08, 
  1.9             subdivisions 1, 2; 204B.09, subdivision 1; 204B.10, 
  1.10            subdivisions 2, 3, 4; 204B.11; 204B.12, subdivision 1; 
  1.11            204B.33; 204D.03, subdivision 1; 204D.08, subdivision 
  1.12            4; proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 204B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 202A.14, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  1.18  At 7:00 p.m. on the first third Tuesday in March February in 
  1.19  every state general election year there shall be held for every 
  1.20  election precinct a party caucus in the manner provided in 
  1.21  sections 202A.14 to 202A.19, except that in the event of severe 
  1.22  weather a major political party may request the secretary of 
  1.23  state to postpone caucuses.  If a major political party makes a 
  1.24  request, or upon the secretary of state's own initiative, after 
  1.25  consultation with all major political parties and on the advice 
  1.26  of the federal weather bureau and the department of 
  1.27  transportation, the secretary of state may declare precinct 
  1.28  caucuses to be postponed for a week in counties where weather 
  1.29  makes travel especially dangerous.  The secretary of state shall 
  2.1   submit a notice of the postponement to news media covering the 
  2.2   affected counties by 6:00 p.m. on the scheduled day of the 
  2.3   caucus.  A postponed caucus may also be postponed pursuant to 
  2.4   this subdivision. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 204B.03, is 
  2.6   amended to read: 
  2.7      204B.03 [MANNER OF NOMINATION.] 
  2.8      Subdivision 1.  [CANDIDATES FOR NONPARTISAN OFFICE.] 
  2.9   Candidates of a major political party for any partisan office 
  2.10  except presidential elector and All candidates for nonpartisan 
  2.11  office shall apply for a place on the primary ballot by filing 
  2.12  an affidavit of candidacy as provided in section 204B.06, and 
  2.13  except as otherwise provided in section 204D.07, subdivision 3, 
  2.14  shall be nominated by primary.  
  2.15     Subd. 2.  [MAJOR POLITICAL PARTY CANDIDATES FOR 
  2.16  CONGRESSIONAL, STATE CONSTITUTIONAL, AND LEGISLATIVE 
  2.17  OFFICES.] Major political party candidates endorsed for 
  2.18  congressional, state constitutional, and legislative office must 
  2.19  appear on the state party nominating ballot by party 
  2.20  certification under section 204B.051, subdivision 2.  Major 
  2.21  political party candidates for congressional, state 
  2.22  constitutional, and legislative office who are not endorsed must 
  2.23  apply for a place on the state party nominating ballot by party 
  2.24  notification as a qualified candidate under section 204B.051, 
  2.25  subdivision 4, and by filing an affidavit of candidacy as 
  2.26  provided in section 204B.06; or by filing an affidavit of 
  2.27  candidacy and a petition under section 204B.051, subdivisions 6 
  2.28  and 7. 
  2.29     Subd. 3.  [CANDIDATES NOT SEEKING NOMINATION OF A MAJOR 
  2.30  POLITICAL PARTY.] Candidates for any partisan office who do not 
  2.31  seek the nomination of a major political party shall be 
  2.32  nominated by nominating petition as provided in sections 204B.07 
  2.33  and 204B.08, and, except for presidential elector candidates, 
  2.34  shall file an affidavit of candidacy as provided in section 
  2.35  204B.06.  
  2.36     Sec. 3.  [204B.051] [FILING FOR PRIMARY; MAJOR PARTY 
  3.1   CANDIDATES FOR PARTISAN OFFICE.] 
  3.2      Subdivision 1.  [NOTICE OF PARTISAN OFFICES TO BE ELECTED.] 
  3.3   By February 15 of each even-numbered year, the secretary of 
  3.4   state shall send the state chair of each major political party a 
  3.5   notice of the congressional, state constitutional, and 
  3.6   legislative offices to be elected at the state general election. 
  3.7      Subd. 2.  [CERTIFICATION OF ENDORSED CANDIDATES.] No later 
  3.8   than 56 days before the state party nominating election, the 
  3.9   state chair of each major political party shall certify to the 
  3.10  secretary of state the name of the person endorsed as a 
  3.11  candidate for a congressional, state constitutional, or 
  3.12  legislative office at the appropriate party endorsing convention 
  3.13  according to the party rules. 
  3.14     Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  3.15  endorsed candidates must include the name of the candidate as it 
  3.16  is to appear on the ballot and the name of the office sought.  
  3.17  The certification must also include a statement that each 
  3.18  candidate meets the qualifications for the office sought.  The 
  3.19  certification must be prepared by the party chair in the manner 
  3.20  provided by the secretary of state. 
  3.21     Subd. 4.  [NOTIFICATION OF CANDIDATES.] No later than 56 
  3.22  days before the state party nominating election, the state chair 
  3.23  of each major political party shall notify the secretary of 
  3.24  state of the name of each person who received at least 30 
  3.25  percent of the votes on any ballot at the appropriate party 
  3.26  endorsing convention for a congressional, state constitutional, 
  3.27  or legislative office according to the party rules.  A notice 
  3.28  must also be sent to each affected candidate by the state party 
  3.29  chair.  The notification must include a statement that the 
  3.30  candidate meets the qualifications for the office sought.  The 
  3.31  notification must be prepared by the party chair in the manner 
  3.32  required by the secretary of state. 
  3.33     Subd. 5.  [ELIGIBILITY OF CANDIDATES.] A candidate must not 
  3.34  be certified or receive notification by a major political party 
  3.35  if the candidate does not meet the constitutional and statutory 
  3.36  requirements for the office sought. 
  4.1      Subd. 6.  [FILING BY PETITION.] Any eligible voter whose 
  4.2   name is not certified or who does not receive notification by a 
  4.3   major political party as provided in subdivision 2 or 4 may 
  4.4   apply for a place on the state party nominating ballot for a 
  4.5   congressional, state constitutional, or legislative office by 
  4.6   filing an affidavit of candidacy and a petition. 
  4.7      The petition must include the signatures in a number equal 
  4.8   to at least ten percent of the number of persons voting for the 
  4.9   nomination of the office sought at the last state party 
  4.10  nominating election for that office.  By February 15 of each 
  4.11  even-numbered year, the secretary of state shall determine the 
  4.12  minimum number of signatures required for persons submitting 
  4.13  petitions as provided in this subdivision. 
  4.14     Subd. 7.  [FORM OF PETITION.] The petition required by 
  4.15  subdivision 6 must include the following information:  
  4.16  candidate's name, candidate's address, party name, and office 
  4.17  sought.  The petition must include the following oath or 
  4.18  affirmation of the signers:  "Under penalty of perjury, I 
  4.19  solemnly swear (or affirm) that I know the contents and purpose 
  4.20  of this petition, that I either participated in the most recent 
  4.21  precinct caucus for the party listed on the petition or intend 
  4.22  to vote for a majority of that party's candidates at the next 
  4.23  state general election, and that I signed this petition of my 
  4.24  own free will." 
  4.25     Petitions submitted under this subdivision must be in the 
  4.26  form specified by the secretary of state, who shall prepare 
  4.27  samples of the form. 
  4.28     An individual who, in signing a petition, makes a false 
  4.29  oath is guilty of perjury. 
  4.30     Sec. 4.  Minnesota Statutes 2002, section 204B.06, 
  4.31  subdivision 7, is amended to read: 
  4.32     Subd. 7.  [GOVERNOR AND LIEUTENANT GOVERNOR.] An individual 
  4.33  who is certified by a major political party or who files as a 
  4.34  candidate for governor or lieutenant governor shall be certified 
  4.35  as a team or file the affidavit of candidacy jointly with the 
  4.36  affidavit of another individual who seeks nomination as a 
  5.1   candidate for the other office.  
  5.2      Sec. 5.  Minnesota Statutes 2002, section 204B.08, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [TIME FOR SIGNING.] Nominating Petitions 
  5.5   shall be signed during the period when petitions may be filed as 
  5.6   provided in section 204B.09.  
  5.7      Sec. 6.  Minnesota Statutes 2002, section 204B.08, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
  5.10  petition may be signed only by individuals who are eligible to 
  5.11  vote for the candidate who is nominated named on the petition.  
  5.12  No individual may sign more than one nominating petition for 
  5.13  candidates for the same office unless more than one candidate is 
  5.14  to be elected to that office.  If more than one candidate is to 
  5.15  be elected to the office, an individual may sign as many 
  5.16  petitions as there are candidates to be elected.  
  5.17     Sec. 7.  Minnesota Statutes 2002, section 204B.09, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  5.20  ELECTIONS.] (a) Except as otherwise provided by this 
  5.21  subdivision, affidavits of candidacy and nominating petitions 
  5.22  for county, state, and federal offices filled at the state 
  5.23  general election shall be filed not more than 70 days nor less 
  5.24  than 56 days before the state primary party nominating election. 
  5.25  The affidavit may be prepared and signed at any time between 60 
  5.26  days before the filing period opens and the last day of the 
  5.27  filing period.  The petitions authorized by section 204B.051, 
  5.28  subdivision 6, may be signed no earlier than 98 days before the 
  5.29  state party nominating election and must be filed with the 
  5.30  secretary of state no later than 56 days before the state party 
  5.31  nominating election. 
  5.32     (b) Notwithstanding other law to the contrary, the 
  5.33  affidavit of candidacy must be signed in the presence of a 
  5.34  notarial officer or an individual authorized to administer oaths 
  5.35  under section 358.10. 
  5.36     (c) This provision does not apply to candidates for 
  6.1   presidential elector nominated by major political parties.  
  6.2   Major party candidates for presidential elector are certified 
  6.3   under section 208.03.  Other candidates for presidential 
  6.4   electors may file petitions on or before the state primary day.  
  6.5   Nominating petitions to fill vacancies in nominations shall be 
  6.6   filed as provided in section 204B.13.  No affidavit or petition 
  6.7   shall be accepted later than 5:00 p.m. on the last day for 
  6.8   filing. 
  6.9      (d) Affidavits and petitions for county, legislative, and 
  6.10  judicial offices to be voted on in only one county shall be 
  6.11  filed with the county auditor of that county.  Affidavits and 
  6.12  petitions for congressional offices and all other state and 
  6.13  federal offices to be voted on in more than one county shall be 
  6.14  filed with the secretary of state. 
  6.15     Sec. 8.  Minnesota Statutes 2002, section 204B.10, 
  6.16  subdivision 2, is amended to read: 
  6.17     Subd. 2.  [NOMINATING PETITIONS; ACKNOWLEDGMENT; 
  6.18  NUMBERING.] On the day a nominating petition is filed, the 
  6.19  election official shall deliver or mail an acknowledgment of the 
  6.20  petition to the individual who files it and to the candidate who 
  6.21  is to be nominated.  The election official shall also number the 
  6.22  petitions in the order received.  The petitions shall be 
  6.23  retained as provided in section 204B.40, and shall be available 
  6.24  for public inspection during that period.  
  6.25     Sec. 9.  Minnesota Statutes 2002, section 204B.10, 
  6.26  subdivision 3, is amended to read: 
  6.27     Subd. 3.  [INSPECTION.] The official with whom nominating 
  6.28  petitions are filed shall inspect the petitions in the order 
  6.29  filed to verify that there are a sufficient number of signatures 
  6.30  of individuals whose residence address as shown on the petition 
  6.31  is in the district where the candidate is to be nominated.  
  6.32     Sec. 10.  Minnesota Statutes 2002, section 204B.10, 
  6.33  subdivision 4, is amended to read: 
  6.34     Subd. 4.  [CERTIFICATION.] The secretary of state shall 
  6.35  certify to the county auditor of each county the names of all 
  6.36  candidates nominated by petitions filed with the secretary of 
  7.1   state.  Certification of candidates filing petitions as provided 
  7.2   in section 204B.051, subdivision 6, must be made at the same 
  7.3   time that the secretary of state certifies candidates for the 
  7.4   state party nominating election.  Certification of candidates 
  7.5   nominated by petition shall be made at the same time as the 
  7.6   secretary of state certifies the names of candidates who are 
  7.7   nominated at the primary.  
  7.8      Sec. 11.  Minnesota Statutes 2002, section 204B.11, is 
  7.9   amended to read: 
  7.10     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  7.11  FILING FEE.] 
  7.12     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  7.13  Except as provided by subdivision 2, a filing fee shall be paid 
  7.14  by each candidate who files an affidavit of 
  7.15  candidacy.  Candidates filing affidavits of candidacy must pay 
  7.16  the fee shall be paid at the time the affidavit is filed.  
  7.17  Candidates whose names are certified to the secretary of state 
  7.18  as provided in section 204B.051, subdivision 2, must pay the fee 
  7.19  no later than 56 days before the state party nominating 
  7.20  election.  The amount of the filing fee shall vary with the 
  7.21  office sought as follows: 
  7.22     (a) for the office of governor, lieutenant governor, 
  7.23  attorney general, state auditor, state treasurer, secretary of 
  7.24  state, representative in Congress, judge of the supreme court, 
  7.25  judge of the court of appeals, or judge of the district court, 
  7.26  $300; 
  7.27     (b) for the office of senator in Congress, $400; 
  7.28     (c) for the office of senator or representative in the 
  7.29  legislature, $100; 
  7.30     (d) for a county office, $50; and 
  7.31     (e) for the office of soil and water conservation district 
  7.32  supervisor, $20. 
  7.33     For the office of presidential elector, and for those 
  7.34  offices for which no compensation is provided, no filing fee is 
  7.35  required. 
  7.36     The filing fees received by the county auditor shall 
  8.1   immediately be paid to the county treasurer.  The filing fees 
  8.2   received by the secretary of state shall immediately be paid to 
  8.3   the state treasurer. 
  8.4      When an affidavit of candidacy has been filed with the 
  8.5   appropriate filing officer and the requisite filing fee has been 
  8.6   paid, The filing fee shall not be refunded.  If a candidate's 
  8.7   filing fee is paid with a check, draft, or similar negotiable 
  8.8   instrument for which sufficient funds are not available or that 
  8.9   is dishonored, notice to the candidate of the worthless 
  8.10  instrument must be sent by the filing officer via registered 
  8.11  mail no later than immediately upon the closing of the filing 
  8.12  deadline with return receipt requested.  The candidate will have 
  8.13  five days from the time the filing officer receives proof of 
  8.14  receipt to issue a check or other instrument for which 
  8.15  sufficient funds are available.  The candidate issuing the 
  8.16  worthless instrument is liable for a service charge pursuant to 
  8.17  section 604.113.  If adequate payment is not made, the name of 
  8.18  the candidate must not appear on any official ballot and the 
  8.19  candidate is liable for all costs incurred by election officials 
  8.20  in removing the name from the ballot. 
  8.21     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  8.22  filing an affidavit of candidacy, A candidate may present a 
  8.23  petition in place of the filing fee.  The petition may be signed 
  8.24  by any individual eligible to vote for the candidate.  A 
  8.25  nominating petition filed pursuant to section 204B.07 or 
  8.26  204B.13, subdivision 4, or a petition submitted to the secretary 
  8.27  of state as provided in section 204B.051, subdivision 6, is 
  8.28  effective as a petition in place of a filing fee if the 
  8.29  nominating petition includes a prominent statement informing the 
  8.30  signers of the petition that it will be used for that purpose.  
  8.31     The number of signatures on a petition used solely in place 
  8.32  of a filing fee shall be as follows:  
  8.33     (a) for a state office voted on statewide, or for president 
  8.34  of the United States, or United States senator, 2,000; 
  8.35     (b) for a congressional office, 1,000; 
  8.36     (c) for a county or legislative office, or for the office 
  9.1   of district judge, 500; and 
  9.2      (d) for any other office which requires a filing fee as 
  9.3   prescribed by law, municipal charter, or ordinance, the lesser 
  9.4   of 500 signatures or five percent of the total number of votes 
  9.5   cast in the municipality, ward, or other election district at 
  9.6   the preceding general election at which that office was on the 
  9.7   ballot.  
  9.8      An official with whom petitions are filed shall make sample 
  9.9   forms for petitions in place of filing fees available upon 
  9.10  request.  
  9.11     Subd. 3.  [RULES.] The secretary of state shall adopt rules 
  9.12  to determine a method for verifying the signatures on nominating 
  9.13  petitions and petitions in place of filing fees under this 
  9.14  chapter. 
  9.15     Sec. 12.  Minnesota Statutes 2002, section 204B.12, 
  9.16  subdivision 1, is amended to read: 
  9.17     Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
  9.18  from the primary ballot by filing an affidavit of withdrawal 
  9.19  with the same official who received the party certification or 
  9.20  affidavit of candidacy.  The affidavit shall request that 
  9.21  official to withdraw the candidate's name from the ballot and 
  9.22  shall be filed no later than two days the day after the last day 
  9.23  for filing for the office. 
  9.24     Sec. 13.  Minnesota Statutes 2002, section 204B.33, is 
  9.25  amended to read: 
  9.26     204B.33 [NOTICE OF FILING.] 
  9.27     (a) Between June 1 and July 1 in each even numbered year No 
  9.28  later than 15 weeks before the state party nominating election, 
  9.29  the secretary of state shall notify each county auditor of the 
  9.30  offices to be voted for in that county at the next state general 
  9.31  election for which candidates file with the secretary of state.  
  9.32  The notice shall include the time and place of filing for those 
  9.33  offices.  Within ten days after notification by the secretary of 
  9.34  state, each county auditor shall notify each municipal clerk in 
  9.35  the county of all the offices to be voted for in the county at 
  9.36  that election and the time and place for filing for those 
 10.1   offices.  The county auditors and municipal clerks shall 
 10.2   promptly post a copy of that notice in their offices. 
 10.3      (b) At least two weeks before the first day to file an 
 10.4   affidavit of candidacy, the county auditor shall publish a 
 10.5   notice stating the first and last dates on which affidavits of 
 10.6   candidacy may be filed in the county auditor's office and the 
 10.7   closing time for filing on the last day for filing.  The county 
 10.8   auditor shall post a similar notice at least ten days before the 
 10.9   first day to file affidavits of candidacy. 
 10.10     Sec. 14.  Minnesota Statutes 2002, section 204D.03, 
 10.11  subdivision 1, is amended to read: 
 10.12     Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
 10.13  PRIMARY.] The state party nominating election and primary shall 
 10.14  be held on the first third Tuesday after the second Monday in 
 10.15  September June in each even-numbered year to select the nominees 
 10.16  of the major political parties for partisan offices and the 
 10.17  nominees for nonpartisan offices to be filled at the state 
 10.18  general election, other than presidential electors.  
 10.19     Sec. 15.  Minnesota Statutes 2002, section 204D.08, 
 10.20  subdivision 4, is amended to read: 
 10.21     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
 10.22  BALLOT; PARTY COLUMNS.] The state partisan primary party 
 10.23  nominating election ballot shall be headed by the words 
 10.24  "State Partisan Primary Party Nominating Election Ballot."  The 
 10.25  ballot shall be printed on white paper.  There must be at least 
 10.26  three vertical columns on the ballot and each major political 
 10.27  party shall have a separate column headed by the words 
 10.28  ".......... Party," giving the party name.  Above the party 
 10.29  names, the following statement shall be printed.  
 10.30     "Minnesota Election Law permits you to vote for the 
 10.31  candidates of only one political party in a state partisan 
 10.32  primary party nominating election." 
 10.33     If there are only two major political parties to be listed 
 10.34  on the ballot, one party must occupy the left-hand column, the 
 10.35  other party must occupy the right-hand column, and the center 
 10.36  column must contain the following statement:  
 11.1      "Do not vote for candidates of more than one party."  
 11.2      The names of the candidates seeking the nomination of each 
 11.3   major political party shall be listed in that party's 
 11.4   column.  The name of a candidate who was endorsed by a major 
 11.5   political party must be followed by the term "endorsed," unless 
 11.6   the candidate files an affidavit requesting that the candidate's 
 11.7   name not be followed by the term "endorsed."  If only one 
 11.8   individual files an affidavit of candidacy seeking the 
 11.9   nomination of a major political party for an office, the name of 
 11.10  that individual shall be placed on the state partisan primary 
 11.11  ballot at the appropriate location in that party's column.  
 11.12     In each column, the candidates for senator in Congress 
 11.13  shall be listed first, candidates for representative in Congress 
 11.14  second, candidates for state senator third, candidates for state 
 11.15  representative fourth and then candidates for state office in 
 11.16  the order specified by the secretary of state.  
 11.17     The party columns shall be substantially the same in width, 
 11.18  type, and appearance.  The columns shall be separated by a 
 11.19  12-point solid line. 
 11.20     Sec. 16.  [REVISOR'S INSTRUCTION.] 
 11.21     The revisor of statutes shall change the terms in column A 
 11.22  to the corresponding terms in column B wherever they appear in 
 11.23  Minnesota Statutes or Minnesota Rules. 
 11.24        Column A                      Column B
 11.25     state primary                state party nominating
 11.26                                  election and primary 
 11.27     state partisan primary       state party nominating
 11.28                                  election