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HF 1726

as introduced - 87th Legislature (2011 - 2012) Posted on 05/18/2011 09:31am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; presidential electors; providing for designation of certain
presidential electors and specifying the duties of presidential electors; amending
Minnesota Statutes 2010, sections 208.03; 208.05; 208.08.

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

Section 1.

Minnesota Statutes 2010, section 208.03, is amended to read:


208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

Presidential electors for the major political parties of this state shall be nominated by
delegate conventions called and held under the supervision of the respective state central
committees of the parties of this state. new text beginEach major political party shall nominate one
presidential elector from each congressional district and two presidential electors from
the state at-large.
new text endAt least 77 days before the general election day the chair of the major
political party shall certify to the secretary of state the names of the persons nominated as
presidential electors, the names of eight alternate presidential electors, and the names of the
party candidates for president and vice president.new text begin For each person nominated as an elector
or alternate elector, the chair shall indicate whether the person is nominated as an at-large
elector or is nominated to represent a congressional district. In the case of a nominee to
represent a congressional district, the district number must be noted by the chair.
new text end The
chair shall also certify that the party candidates for president and vice president have no
affidavit on file as a candidate for any office in this state at the ensuing general election.

Sec. 2.

Minnesota Statutes 2010, section 208.05, is amended to read:


208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the date provided in section 204C.33
shall open and canvass the returns made to the secretary of state for presidential electors
and alternates, prepare a statement of the number of votes cast for the persons receiving
votes for these officesnew text begin statewide and within each congressional districtnew text end, and declare the
person or persons receiving the highest number of votes for each office duly electednew text begin,
as follows:
new text end

new text begin (1) the statewide vote totals must be used to determine the person or persons elected
to serve as electors under the at-large designation; and
new text end

new text begin (2) the vote totals within each congressional district must be used to determine the
person elected to serve as an elector representing that district
new text end. When it appears that more
than the number of persons to be elected as presidential electors or alternates have the
highest and an equal number of votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared elected. The governor shall
transmit to each person declared elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary of state.

Sec. 3.

Minnesota Statutes 2010, section 208.08, is amended to read:


208.08 ELECTORS TO MEET AT STATE CAPITOL.

The original, alternate, and substituted presidential electors, at 12:00 M., shall meet
in the executive chamber at the State Capitol and shall perform all the duties imposed
upon them as electors by the Constitution and laws of the United States and this state.new text begin
Each presidential elector representing a congressional district shall cast a ballot for the
presidential and vice-presidential candidates who received the highest number of votes
in that district. Each presidential elector designated at-large shall cast a ballot for the
presidential and vice-presidential candidates who received the highest number of votes in
the state.
new text end

Each elector, as a condition of having been chosen under the name of the party
of a presidential and a vice presidential candidatenew text begin who received the highest number of
votes in the elector's congressional district or, in the case of at-large electors, in the state
new text end,
is obligated to vote for those candidates. The elector shall speak aloud or affirm in a
nonverbal manner the name of the candidate for president and for vice president for whom
the elector is voting and then confirm that vote by written public ballot.

If an elector fails to cast a ballot for the presidential or vice presidential candidate
of the party under whose name the elector was chosen, the elector's vote or abstention is
invalidated and an alternate presidential elector, chosen by lot from among the alternates,
shall cast a ballot in the name of the elector for the presidential and vice presidential
candidate of the party under whose name the elector was chosen. The invalidation of an
elector's vote or abstention on the ballot for president or vice president does not apply if
the presidential candidate under whose party's name the elector was chosen has without
condition released the elector or has died or become mentally disabled.