Minnesota Legislature
HF 1587
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to elections; requiring city, school, and 1.3 county elections to be held in November of the 1.4 odd-numbered year; amending Minnesota Statutes 2000, 1.5 sections 204C.32, subdivision 1; 204C.33, subdivision 1.6 1; 204D.02; 204D.03; 204D.04, subdivision 1; 204D.05; 1.7 204D.07, subdivisions 1 and 3; 204D.08, subdivisions 1.8 1, 3, 6; 204D.09; 204D.10, subdivision 3; 204D.11, 1.9 subdivisions 3, 5; 204D.12; 204D.14; 204D.16; 1.10 204D.165; 205.065, subdivision 1; 205.07, subdivision 1.11 1; 205A.04, subdivision 1; repealing Minnesota 1.12 Statutes 2000, sections 204C.28, subdivision 3; 1.13 204D.11, subdivision 6; 205.07, subdivision 3. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2000, section 204C.32, 1.16 subdivision 1, is amended to read: 1.17 Subdivision 1. [COUNTY CANVASS.] The county canvassing 1.18 board shall meet at the county auditor's office on or before the 1.19 third day following the state or local government primary. 1.20 After taking the oath of office, the canvassing board shall 1.21 publicly canvass the election returns delivered to the county 1.22 auditor. The board shall complete the canvass no later than the 1.23 third day following the state or local government primary and 1.24 shall promptly prepare and file with the county auditor a report 1.25 that states: 1.26 (a) The number of individuals voting at the election in the 1.27 county, and in each precinct; 1.28 (b) The number of individuals registering to vote on 1.29 election day and the number of individuals registered before 2.1 election day in each precinct; 2.2 (c) For each major political party, the names of the 2.3 candidates running for each partisan office and the number of 2.4 votes received by each candidate in the county and in each 2.5 precinct; 2.6 (d) The names of the candidates of each major political 2.7 party who are nominated; and 2.8 (e) The number of votes received by each of the candidates 2.9 for nonpartisan office in each precinct in the county and the 2.10 names of the candidates nominated for nonpartisan office. 2.11 Upon completion of the local government primary canvass, 2.12 the county auditor shall mail or deliver a notice of nomination 2.13 to each nominee for county office voted for only in that 2.14 county. The county auditor shall transmit one of the certified 2.15 copies of the county canvassing board report for state and 2.16 federal offices to the secretary of state by express mail or 2.17 similar service immediately upon conclusion of the county 2.18 canvass. The secretary of state shall mail a notice of 2.19 nomination to each nominee for state or federal office. 2.20 Sec. 2. Minnesota Statutes 2000, section 204C.33, 2.21 subdivision 1, is amended to read: 2.22 Subdivision 1. [COUNTY CANVASS.] The county canvassing 2.23 board shall meet at the county auditor's office on or before the 2.24 seventh day following the state or local government general 2.25 election. After taking the oath of office, the board shall 2.26 promptly and publicly canvass the general election returns 2.27 delivered to the county auditor. Upon completion of the 2.28 canvass, the board shall promptly prepare and file with the 2.29 county auditor a report which states: 2.30 (a) The number of individuals voting at the election in the 2.31 county and in each precinct; 2.32 (b) The number of individuals registering to vote on 2.33 election day and the number of individuals registered before 2.34 election day in each precinct; 2.35 (c) The names of the candidates for each office and the 2.36 number of votes received by each candidate in the county and in 3.1 each precinct; 3.2 (d) The number of votes counted for and against a proposed 3.3 change of county lines or county seat; and 3.4 (e) The number of votes counted for and against a 3.5 constitutional amendment or other question in the county and in 3.6 each precinct. 3.7 The result of write-in votes cast on the general election 3.8 ballots must be compiled by the county auditor before the county 3.9 canvass, except that write-in votes for a candidate for state or 3.10 federal office must not be counted unless the candidate has 3.11 timely filed a request under section 204B.09, subdivision 3. 3.12 The county auditor shall arrange for each municipality to 3.13 provide an adequate number of election judges to perform this 3.14 duty or the county auditor may appoint additional election 3.15 judges for this purpose. The county auditor may open the 3.16 envelopes or containers in which the voted ballots have been 3.17 sealed in order to count and record the write-in votes and must 3.18 reseal the voted ballots at the conclusion of this process. 3.19 Upon completion of the canvass, the county canvassing board 3.20 shall declare the candidate duly elected who received the 3.21 highest number of votes for each county and state office voted 3.22 for only within the county. The county auditor shall transmit 3.23 one of the certified copies of the county canvassing board 3.24 report for state and federal offices to the secretary of state 3.25 by express mail or similar service immediately upon conclusion 3.26 of the county canvass. 3.27 Sec. 3. Minnesota Statutes 2000, section 204D.02, is 3.28 amended to read: 3.29 204D.02 [OFFICERS CHOSEN AT STATE OR LOCAL GOVERNMENT 3.30 GENERAL ELECTION; TERMS OF OFFICE.] 3.31 Subdivision 1. [OFFICERS.] All elective stateand county3.32 officers, justices of the supreme court, judges of the court of 3.33 appeals and district court, state senators and state 3.34 representatives, and senators and representatives in Congress 3.35shallmust be elected at the state general election held in the 3.36 year before their terms of office expire. Presidential electors 4.1shallmust be chosen at the state general election held in the 4.2 year before the expiration of a term of a president of the 4.3 United States. All elective county, city, and school district 4.4 officers, must be elected at the local government general 4.5 election held in the year before their terms of office expire. 4.6 Subd. 2. [TERM OF OFFICE.] The term of office of all 4.7 elective stateand countyofficersshall beginbegins on the 4.8 first Monday in January of the odd-numbered year following their 4.9 election. The term of office of all elective county, city, and 4.10 school district officers begin on the first Monday in January of 4.11 the even-numbered year following their election. 4.12 Sec. 4. Minnesota Statutes 2000, section 204D.03, is 4.13 amended to read: 4.14 204D.03 [TIME OF STATE AND LOCAL GOVERNMENT ELECTIONS.] 4.15 Subdivision 1. [STATE PRIMARY; LOCAL GOVERNMENT PRIMARY.] 4.16 The state primaryshallmust be held on the first Tuesday after 4.17 the second Monday in September in each even-numbered year to 4.18 select the nominees of the major political parties for partisan 4.19 offices and the nominees for nonpartisan offices to be filled at 4.20 the state general election, other than presidential 4.21 electors. The local government primary must be held on the 4.22 first Tuesday after the second Monday in September in each 4.23 odd-numbered year to select the nominees for offices to be 4.24 filled at the local government general election. 4.25 Subd. 2. [STATE AND LOCAL GOVERNMENT GENERALELECTION4.26 ELECTIONS.] The state general electionshallmust be held on the 4.27 first Tuesday after the first Monday in November in each 4.28 even-numbered year. The local government general election must 4.29 be held on the first Tuesday after the first Monday in November 4.30 in each odd-numbered year. 4.31 Sec. 5. Minnesota Statutes 2000, section 204D.04, 4.32 subdivision 1, is amended to read: 4.33 Subdivision 1. [ROTATION OF OFFICES; PROHIBITION.] There 4.34 shall be no rotation of offices on any ballot required to be 4.35 prepared pursuant to this chapter for a state or local 4.36 government primary or a state or local government general 5.1 election. 5.2 Sec. 6. Minnesota Statutes 2000, section 204D.05, is 5.3 amended to read: 5.4 204D.05 [STATE AND LOCAL GOVERNMENT PRIMARY BALLOTS; 5.5 PARTISAN AND NONPARTISAN; OFFICIAL IN CHARGE.] 5.6 Subdivision 1. [STATE PARTISAN PRIMARY BALLOT.] The state 5.7 partisan primary ballotshallmust contain the names of the 5.8 candidates seeking the nomination of each major political party 5.9 for the partisan offices filled at the state general election. 5.10 Subd. 2. [STATEAND COUNTYNONPARTISAN PRIMARY BALLOT.] 5.11 The stateand countynonpartisan primary ballotshallmust 5.12 contain the names of the candidates seeking nomination for the 5.13 nonpartisan offices filled at the state general election. 5.14 Subd. 2a. [LOCAL GOVERNMENT PRIMARY BALLOT.] The local 5.15 government primary ballot must contain the names of the 5.16 candidates seeking nomination for the county, city, and school 5.17 district offices filled at the local government election. 5.18 Subd. 3. [COUNTY AUDITOR TO PREPARE.] The county auditor 5.19 of each county shall prepare the state partisan primary 5.20 ballotand, the stateand countynonpartisan primary ballot, and 5.21 the local government primary ballot. 5.22 Sec. 7. Minnesota Statutes 2000, section 204D.07, 5.23 subdivision 1, is amended to read: 5.24 Subdivision 1. [DUTIES OF COUNTY AUDITOR.] Except as 5.25 provided in subdivisions 2 and 3, the county auditor shall place 5.26 on the appropriate state or local government primary ballot the 5.27 name of each candidate who has properly filed an affidavit of 5.28 candidacy with the auditor and of each candidate certified by 5.29 the secretary of state pursuant to section 204D.06. 5.30 Sec. 8. Minnesota Statutes 2000, section 204D.07, 5.31 subdivision 3, is amended to read: 5.32 Subd. 3. [EXCEPTION; CERTAIN NONPARTISAN CANDIDATE.] If 5.33 not more than twice the number of individuals to be elected to a 5.34 nonpartisan office file for the nomination, their names and the 5.35 name of the office shall be omitted from the stateand county5.36 nonpartisan primary ballot and the candidates who filed shall be 6.1 the nominees. 6.2 Sec. 9. Minnesota Statutes 2000, section 204D.08, 6.3 subdivision 1, is amended to read: 6.4 Subdivision 1. [FORM.] Except as provided in this section, 6.5 state and local government primary ballots shall be printed in 6.6 the same manner as state and local government general election 6.7 ballots as far as practicable. A sufficient number shall be 6.8 printed for each precinct and ward in the state. 6.9 The secretary of state shall adopt rules for the format and 6.10 preparation of the state and local government primaryballot6.11 ballots. 6.12 Sec. 10. Minnesota Statutes 2000, section 204D.08, 6.13 subdivision 3, is amended to read: 6.14 Subd. 3. [ROTATION OF NAMES.] On state and local 6.15 government primary ballots the name of each candidate for 6.16 nomination to a partisan or nonpartisan office shall be rotated 6.17 with the names of the other candidates for nomination to that 6.18 office so that the name of each candidate appears substantially 6.19 an equal number of times at the top, at the bottom, and at each 6.20 intermediate place in that group of candidates. If the number 6.21 of candidates for an office is equal to or less than the number 6.22 to be elected, no rotation of candidate names is required and 6.23 the official preparing the ballot shall determine the position 6.24 of the candidates by lot. 6.25 Sec. 11. Minnesota Statutes 2000, section 204D.08, 6.26 subdivision 6, is amended to read: 6.27 Subd. 6. [STATEAND COUNTYNONPARTISAN PRIMARY BALLOT; 6.28 LOCAL GOVERNMENT PRIMARY BALLOT.] The stateand county6.29 nonpartisan primary ballotshallmust be headed "Stateand6.30CountyNonpartisan Primary Ballot." Itshallmust be printed on 6.31canarygray paper. The names of candidates for nomination to 6.32 the supreme court, court of appeals, and district court,and all6.33county offices shallmust be placed on this ballot. 6.34 No candidate whose name is placed on the stateand county6.35 nonpartisan primary ballot shall be designated or identified as 6.36 the candidate of any political party or in any other manner 7.1 except as expressly provided by law. 7.2 The local government primary ballot must be headed "Local 7.3 Government Primary Ballot." It must be printed on canary 7.4 paper. The names of candidates for nomination to county, city, 7.5 and school district offices must be placed on this ballot. 7.6 Sec. 12. Minnesota Statutes 2000, section 204D.09, is 7.7 amended to read: 7.8 204D.09 [SAMPLE PRIMARY BALLOTS.] 7.9 At least two weeks before the state primary the county 7.10 auditor shall prepare a sample state partisan primary ballot and 7.11 a sample stateand countynonpartisan primary ballot for public 7.12 inspection. At least two weeks before the local government 7.13 primary the county auditor shall prepare a sample local 7.14 government primary ballot for public inspection. The names of 7.15 all of the candidates to be voted for in the county at the 7.16 respective primary shall be placed on the sample ballots, with 7.17 the names of the candidates for each office arranged 7.18 alphabetically according to the surname. Only one sample state 7.19 partisan primary ballotand, one sample stateand county7.20 nonpartisan ballot, and one sample local government primary 7.21 ballot shall be prepared for any county. The county auditor 7.22 shall post the sample ballots in a conspicuous place in the 7.23 auditor's office and shall cause them to be published at least 7.24 one week before thestateprimary in at least one newspaper of 7.25 general circulation in the county. 7.26 Sec. 13. Minnesota Statutes 2000, section 204D.10, 7.27 subdivision 3, is amended to read: 7.28 Subd. 3. [STATE NONPARTISAN OFFICES; LOCAL GOVERNMENT 7.29 OFFICES; NOMINEES.] The candidates for each office on the 7.30 stateand countynonpartisan primary ballot and on the local 7.31 government primary ballot receiving the highest and the next 7.32 highest number of votes shall be the nominees for that office. 7.33 When more than one individual is to be elected to the same state 7.34 nonpartisan or local government office, the number of nominees 7.35 shall be equal to twice the number of individuals to be elected, 7.36 and that number of candidates receiving the highest number of 8.1 votes shall be the nominees for that office. 8.2 Sec. 14. Minnesota Statutes 2000, section 204D.11, 8.3 subdivision 3, is amended to read: 8.4 Subd. 3. [CANARYGRAY BALLOT.] All questions and the names 8.5 of all candidates for offices to be voted on at the state 8.6 general election which are not placed on the white ballot shall 8.7 be placed on a single ballot printed oncanarygray paper which 8.8 shall be known as the "canarygray ballot." Thecanarygray 8.9 ballot shall be prepared by the county auditor in the manner 8.10 provided in the rules of the secretary of state. 8.11 Sec. 15. Minnesota Statutes 2000, section 204D.11, 8.12 subdivision 5, is amended to read: 8.13 Subd. 5. [BALLOT HEADINGS.] The white, pink and special 8.14 federal white ballotshallmust be headed with the words "State 8.15 General Election Ballot." The gray ballot must be headed with 8.16 the words "Judicial Nonpartisan Election Ballot." The canary 8.17 ballotshallmust be headed with the words "County and Judicial8.18NonpartisanLocal Government General Election Ballot." 8.19 Sec. 16. Minnesota Statutes 2000, section 204D.12, is 8.20 amended to read: 8.21 204D.12 [NAMES PLACED ON STATE AND LOCAL GOVERNMENT GENERAL 8.22 ELECTION BALLOTS.] 8.23 Without payment of an additional fee, the county auditor 8.24 shall place on the appropriate state general election or local 8.25 government general election ballot the name of every candidate: 8.26 (a) Whose nomination at the state primary or local 8.27 government primary has been certified by the appropriate 8.28 canvassing board; 8.29 (b) Who has been nominated by petition, including 8.30 candidates certified by the secretary of state; and 8.31 (c) Who was nominated and whose name was omitted from the 8.32 state nonpartisan primary ballot pursuant to section 204D.07, 8.33 subdivision 3. Only the names of duly nominated candidates may 8.34 be placed on a ballot. 8.35 Sec. 17. Minnesota Statutes 2000, section 204D.14, is 8.36 amended to read: 9.1 204D.14 [CANARY AND GRAY BALLOTS; NONPARTISAN OFFICES.] 9.2 Subdivision 1. [ROTATION OF NAMES.] The names of 9.3 candidates for nonpartisan offices on the canaryballotand gray 9.4 ballots shall be rotated in the manner provided for rotation of 9.5 names on state partisan primary ballots by section 204D.08, 9.6 subdivision 3. 9.7 Sec. 18. Minnesota Statutes 2000, section 204D.16, is 9.8 amended to read: 9.9 204D.16 [SAMPLE GENERAL ELECTION BALLOTS; POSTING; 9.10 PUBLICATION.] 9.11 Two weeks before the state or local government general 9.12 election the county auditor shall prepare sample copies of the 9.13 white and gray ballots, or the canary ballots and shall post 9.14 copies of these sample ballots and a sample of the pink ballot 9.15 in the auditor's office for public inspection. No earlier than 9.16 15 days and no later than two days before the state or local 9.17 government general election the county auditor shall cause the 9.18 sample white and gray or the canary ballots, as applicable, to 9.19 be published in at least one newspaper of general circulation in 9.20 the county. 9.21 Sec. 19. Minnesota Statutes 2000, section 204D.165, is 9.22 amended to read: 9.23 204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 9.24 Notwithstanding any contrary provisions in section 204D.09 9.25 or 204D.16, the county auditor, two weeks before the applicable 9.26 primary or general election, shall provide one copy of the 9.27 sample partisan primary, nonpartisan primary, canary, gray, 9.28 white, or pink ballot to a school district upon request. The 9.29 school district may have the sample ballots reproduced at its 9.30 expense for classroom educational purposes and for educational 9.31 activities authorized under section 204B.27, subdivision 7. 9.32 Sec. 20. Minnesota Statutes 2000, section 205.065, 9.33 subdivision 1, is amended to read: 9.34 Subdivision 1. [ESTABLISHING PRIMARY.] A municipal primary 9.35 for the purpose of nominating elective officers may be held in 9.36 any city on the first Tuesday after the second Monday in 10.1 September ofanythe odd-numbered yearin which a municipal10.2general election is to be held for the purpose of electing10.3officers. 10.4 Sec. 21. Minnesota Statutes 2000, section 205.07, 10.5 subdivision 1, is amended to read: 10.6 Subdivision 1. [DATE OF ELECTION.] The municipal general 10.7 election in each city shall be held on the first Tuesday after 10.8 the first Monday in November in everyeven-numberedodd-numbered 10.9 year.Notwithstanding any provision of law to the contrary and10.10subject to the provisions of this section, the governing body of10.11a city may, by ordinance passed at a regular meeting held before10.12June 1 of any year, elect to hold the election on the first10.13Tuesday after the first Monday in November in each odd-numbered10.14year. A city may hold elections in either the even-numbered10.15year or the odd-numbered year, but not both. When a city10.16changes its elections from one year to another, and does not10.17provide for the expiration of terms by ordinance, the term of an10.18incumbent expiring at a time when no municipal election is held10.19in the months immediately prior to expiration is extended until10.20the date for taking office following the next scheduled10.21municipal election. If the change results in having three10.22council members to be elected at a succeeding election, the two10.23individuals receiving the highest vote shall serve for terms of10.24four years and the individual receiving the third highest number10.25of votes shall serve for a term of two years. To provide an10.26orderly transition to the odd or even year election plan, the10.27governing body of the city may adopt supplementary ordinances10.28regulating initial elections and officers to be chosen at the10.29elections and shortening or lengthening the terms of incumbents10.30and those elected at the initial election. The term of office10.31for the mayor may be either two or four years. The term of10.32office of council members is four years. Whenever the time of10.33the municipal election is changed, the city clerk immediately10.34shall notify in writing the county auditor and secretary of10.35state of the change of date. Thereafter the municipal general10.36election shall be held on the first Tuesday after the first11.1Monday in November in each odd-numbered or even-numbered year11.2until the ordinance is revoked and notification of the change is11.3made.11.4 Sec. 22. Minnesota Statutes 2000, section 205A.04, 11.5 subdivision 1, is amended to read: 11.6 Subdivision 1. [SCHOOL DISTRICT GENERAL ELECTION.] The 11.7 general election in each school district must be held on the 11.8 first Tuesday after the first Monday in November ofeitherthe 11.9 odd-numberedor the even-numberedyear. 11.10 Sec. 23. [TRANSITION.] 11.11 To provide for a transition in the case of counties, 11.12 cities, and school districts whose general election was held in 11.13 the even-numbered year prior to the effective date of this 11.14 section, the terms of office of officers serving on the 11.15 effective date of this section are extended by one year. 11.16 Sec. 24. [REPEALER.] 11.17 Minnesota Statutes 2000, sections 204C.28, subdivision 3; 11.18 204D.11, subdivision 6; and 205.07, subdivision 3, are repealed.