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Minnesota Legislature

Office of the Revisor of Statutes

HF 1628

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 11:59pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; modifying certain special election timelines;amending
Minnesota Statutes 2018, sections 204D.19, subdivision 2; 204D.22, subdivision
3; 204D.23, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:


Subd. 2.

Special election when legislature will be in session.

Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin40thdeleted text endnew text begin 54thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3
, but in no event more than deleted text begin35deleted text endnew text begin 49new text end days after the issuance of the writ. A special election
must not be held during the four days before or the four days after a holiday as defined in
section 645.44, subdivision 5.

Sec. 2.

Minnesota Statutes 2018, section 204D.22, subdivision 3, is amended to read:


Subd. 3.

Notice of special election.

The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text beginsevendeleted text endnew text begin 14new text end days
before the special primary and at least deleted text begin14deleted text endnew text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin14deleted text endnew text begin 21new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.

When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.

Sec. 3.

Minnesota Statutes 2018, section 204D.23, subdivision 2, is amended to read:


Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin14deleted text endnew text begin 21new text end days before the special primary.

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2019, and applies to special elections held on or after that
date.
new text end