HF 2552

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/11/2010 10:52am

A bill for an act
relating to elections; changing the date of the state primary; changing certain
primary-related dates and provisions; amending Minnesota Statutes 2008,
sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323;
203B.06, subdivision 1; 203B.081; 203B.13, subdivision 2; 203B.17, subdivision
1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 204B.09,
subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.33;
204B.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3;
204D.03, subdivision 1; 204D.09, subdivision 1; 204D.17; 204D.19; 204D.28,
subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision 1a;
205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3;
205A.06, subdivision 1a; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision
2a; 206.61, subdivision 5; 208.03; 211B.045; 410.12, subdivision 1; 447.32,
subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 204D.

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

Section 1.

Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:

Subd. 6.

Distribution of party accounts.

As soon as the board has obtained from
the secretary of state the results of the primary election, but no later than one week after
certification by the State Canvassing Board of the results of the primary, the board must
distribute the available money in each party account, as certified by the commissioner of
revenue deleted text begin on September 1 deleted text end new text begin one week before the state primary new text end , to the candidates of that party
who have signed a spending limit agreement under section 10A.322 and filed the affidavit
of contributions required by section 10A.323, who were opposed in either the primary
election or the general election, and whose names are to appear on the ballot in the general
election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
from the party account may not be paid in an amount greater than the expenditure limit
of the candidate or the expenditure limit that would have applied to the candidate if the
candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. deleted text begin If a candidate files the affidavit required by section 10A.323 after September 1 of the
general election year, the board must pay the candidate's allocation to the candidate at the
next regular payment date for public subsidies for that election cycle that occurs at least
15 days after the candidate files the affidavit. deleted text end

Sec. 2.

Minnesota Statutes 2008, section 10A.321, is amended to read:

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of estimates.

The commissioner of
revenue must calculate and certify to the board new text begin one week new text end before deleted text begin July 1 deleted text end new text begin the first day for
filing for office new text end in each election year an estimate of the total amount in the state general
account of the state elections campaign fund and the amount of money each candidate
who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
candidate's party account in the state elections campaign fund. This estimate must be
based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas in section
10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after
100 percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification procedures.

Before the
first day of filing for office, the board must publish and forward to all filing officers
the estimates calculated and certified under subdivision 1 along with a copy of section
10A.25, subdivision 10. Within deleted text begin seven days deleted text end new text begin one week new text end after the last day for filing for
office, the secretary of state must certify to the board the name, address, office sought, and
party affiliation of each candidate who has filed with that office an affidavit of candidacy
or petition to appear on the ballot. The auditor of each county must certify to the board
the same information for each candidate who has filed with that county an affidavit of
candidacy or petition to appear on the ballot. deleted text begin By August 15 deleted text end new text begin Within two weeks after the last
day for filing for office new text end , the board must notify all candidates of their estimated minimum
amount. The board must include with the notice a form for the agreement provided in
section 10A.322 along with a copy of section 10A.25, subdivision 10.

Sec. 3.

Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:

Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a public
subsidy, a candidate must sign and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms
to all filing officers. The board must also provide agreement forms to candidates on
request at any time. The candidate must file the agreement with the board deleted text begin by September 1
preceding the candidate's general election or a special election held at the general election deleted text end new text begin
at least three weeks before the candidate's state primary new text end . An agreement may not be filed
after that date. An agreement once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed
under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing period for the
general election, a candidate may sign and submit a spending limit agreement not later
than the day after the candidate files the affidavit of candidacy or nominating petition
for the office.

Sec. 4.

Minnesota Statutes 2008, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that deleted text begin during that calendar year deleted text end new text begin between January 1 of the election
year and the cutoff date for transactions included in the report of receipts and expenditures
due before the primary election new text end the candidate has accumulated contributions from persons
eligible to vote in this state in at least the amount indicated for the office sought, counting
only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.

The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by the deleted text begin cutoff date deleted text end new text begin deadline new text end for reporting of receipts and
expenditures before a primary under section 10A.20, subdivision 4.

A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after filing the affidavit of candidacy.

Sec. 5.

Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read:

Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to
any voter who requests one pursuant to section 203B.04. new text begin Blank application forms must be
mailed to eligible voters who have requested an application pursuant to section 203B.04,
subdivision 5 or 6, at least 60 days before:
new text end

new text begin (1) each regularly scheduled primary for federal, state, county, city, or school board
office;
new text end

new text begin (2) each regularly scheduled general election for city or school board office for
which a primary is not held; and
new text end

new text begin (3) a special primary to fill a federal office vacancy or special election to fill a
federal office vacancy, if no major party has more than one candidate after the time for
withdrawal has expired;
new text end

new text begin or at least 45 days before any other primary or other election for which a primary is not
held.
new text end

Sec. 6.

Minnesota Statutes 2008, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot new text begin in the office of the county auditor and
at any other polling place designated by the county auditor new text end during the new text begin 46 days before a
regularly scheduled election for federal, state, county, city, or school board office or a
special election for a federal office, and during the new text end 30 days before deleted text begin the deleted text end new text begin any other new text end election
deleted text begin in the office of the county auditor and at any other polling place designated by the county
auditor deleted text end . The county auditor shall make such designations at least deleted text begin 90 days deleted text end new text begin 14 weeks new text end before
the election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose. The county auditor must also make available at least one
electronic ballot marker in each polling place that has implemented a voting system that is
accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

Sec. 7.

Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board may examine all return absentee ballot
envelopes and accept or reject absentee ballots in the manner provided in section 203B.12.

The absentee ballot board may begin the process of examining the return envelopes
and marking them "accepted" or "rejected" at any time during the deleted text begin 30 deleted text end new text begin 45 new text end days before
the election. If an envelope has been rejected at least five days before the election, the
ballots in the envelope must be considered spoiled ballots and the official in charge of
the absentee ballot board shall provide the voter with a replacement absentee ballot and
return envelope in place of the spoiled ballot.

Sec. 8.

Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:

Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 may be submitted in writing or by electronic
facsimile device, or by electronic mail upon determination by the secretary of state that
security concerns have been adequately addressed. An application for absentee ballots
for a voter described in section 203B.16 may be submitted by that voter or by that voter's
parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an
application under this subdivision, a person's Social Security number, no matter how it
is designated, qualifies as the person's military identification number if the person is
in the military.

(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter last maintained residence
in Minnesota.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the deleted text begin next two regularly scheduled general elections for federal office held after the
date on which the application is received deleted text end new text begin end of that calendar year new text end .

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Sec. 9.

Minnesota Statutes 2008, section 203B.22, is amended to read:

203B.22 deleted text begin MAILING deleted text end new text begin TRANSMITTING new text end BALLOTS.

The county auditor shall deleted text begin mail deleted text end new text begin transmit new text end the appropriate ballots, as promptly as
possible, to an absent voter whose application has been recorded under section 203B.19.
If the county auditor determines that a voter is not eligible to vote at the primary but
will be eligible to vote at the general election, only general election ballots shall be
deleted text begin mailed deleted text end new text begin transmitted new text end . Only one set of ballots shall be deleted text begin mailed deleted text end new text begin transmitted new text end to any applicant
for any election, except that the county auditor may deleted text begin mail deleted text end new text begin transmit new text end a replacement ballot
to a voter whose ballot has been spoiled or lost in transit or whose mailing address has
changed after the date on which the original application was submitted as confirmed by
the county auditor. Ballots to be sent outside the United States shall be given priority in
deleted text begin mailing deleted text end new text begin transmission new text end . A county auditor may make use of any special service provided
by the United States government for the deleted text begin mailing deleted text end new text begin transmission new text end of voting materials under
sections 203B.16 to 203B.27.

Sec. 10.

Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:

Subdivision 1.

Transmitting ballot and certificate of voter eligibility.

A voter
described in section 203B.16 may include in an application for absentee ballots a request
that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
of a properly completed application requesting electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter. new text begin The county auditor is not
required to provide return postage to voters to whom ballots are transmitted electronically.
new text end

Sec. 11.

Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.

The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the deleted text begin 30 deleted text end new text begin 45 new text end days before the election. If an envelope
has been rejected at least five days before the election, the ballots in the envelope must
be considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.

Sec. 12.

Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than deleted text begin 70 deleted text end new text begin 84 new text end days nor less than deleted text begin 56 deleted text end new text begin 70 new text end days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated
by major political parties. Major party candidates for presidential elector are certified
under section 208.03. Other candidates for presidential electors may file petitions deleted text begin on
or before the state primary deleted text end new text begin at least 77 days before the general election new text end day pursuant to
section 204B.07. Nominating petitions to fill vacancies in nominations shall be filed as
provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m.
on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.

Sec. 13.

Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall
constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
deleted text begin June deleted text end new text begin May new text end 1 of any year:

(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for two contiguous precincts in the same municipality that have a combined
total of fewer than 500 registered voters;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than deleted text begin May deleted text end new text begin April new text end 1 of any year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. A single set of election judges may be appointed
to serve at a combined polling place. The number of election judges required must be
based on the total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided for the
ballots from each precinct. The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place established under
clause (2) where one of the precincts has fewer than ten registered voters, in which case the
results of that precinct must be reported in the manner specified by the secretary of state.

Sec. 14.

Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election
precinct deleted text begin shall deleted text end new text begin must new text end be adopted at least 90 days before the date of the next election and,
for the state primary and general election, no later than deleted text begin June deleted text end new text begin May new text end 1 in the year of the
state general election. The precinct boundary change shall not take effect until notice of
the change has been posted in the office of the municipal clerk or county auditor for at
least 60 days.

The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days deleted text begin prior to deleted text end new text begin before new text end the first day to file
affidavits of candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.

Sec. 15.

Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and county auditor.

On deleted text begin June 1 deleted text end new text begin May 1 new text end in a year in which there is an election for a partisan political office, the
county or legislative district chairs of each major political party, whichever is designated
by the state party, shall prepare a list of eligible voters to act as election judges in each
election precinct in the county or legislative district. The chairs shall furnish the lists to
the county auditor of the county in which the precinct is located.

By deleted text begin June 15 deleted text end new text begin May 15 new text end , the county auditor shall furnish to the appointing authorities a
list of the appropriate names for each election precinct in the jurisdiction of the appointing
authority. Separate lists shall be submitted by the county auditor for each major political
party.

Sec. 16.

Minnesota Statutes 2008, section 204B.33, is amended to read:

204B.33 NOTICE OF FILING.

(a) deleted text begin Between June 1 and July 1 in each even-numbered year deleted text end new text begin At least 15 weeks before
the state primary new text end , the secretary of state shall notify each county auditor of the offices to be
voted for in that county at the next state general election for which candidates file with the
secretary of state. The notice shall include the time and place of filing for those offices.
Within ten days after notification by the secretary of state, each county auditor shall notify
each municipal clerk in the county of all the offices to be voted for in the county at that
election and the time and place for filing for those offices. The county auditors and
municipal clerks shall promptly post a copy of that notice in their offices.

(b) At least two weeks before the first day to file an affidavit of candidacy, the
county auditor shall publish a notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the closing time for filing on the
last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.

Sec. 17.

Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:

Subd. 4.

Absentee ballots; preparation; delivery.

new text begin At least 46 days before a
regularly scheduled election for federal, state, county, city, or school board office or a
special election for federal office, and at least 30 days before any other election, new text end ballots
necessary to fill applications of absentee voters shall be prepared and delivered deleted text begin at least 30
days before the election deleted text end to the officials who administer the provisions of chapter 203B.

This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.

Sec. 18.

Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. new text begin Not more than 46 days nor later than 14 days
before a regularly scheduled election for federal, state, county, city, or school board office
or a special election for federal office and new text end not more than 30 days nor later than 14 days
deleted text begin prior to the deleted text end new text begin before any other new text end election, the auditor shall mail ballots by nonforwardable mail
to all voters registered in the town or unorganized territory. No later than 14 days before
the election, the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the election. Eligible
voters not registered at the time the ballots are mailed may apply for ballots as provided in
chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed
to the auditor or clerk and the voter may return the ballot by mail or in person to the office
of the auditor or clerk. The auditor or clerk may appoint election judges to examine the
return envelopes and mark them "accepted" or "rejected" during the deleted text begin 30 deleted text end new text begin 45 new text end days before the
election. If an envelope has been rejected at least five days before the election, the ballots
in the envelope must be considered spoiled ballots and the auditor or clerk shall provide
the voter with a replacement ballot and return envelope in place of the spoiled ballot. The
costs of the mailing shall be paid by the election jurisdiction in which the voter resides.
Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 19.

Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:

Subd. 3.

Secretary of state.

deleted text begin On or before July 1 of deleted text end new text begin No later than ten weeks before
the state primary in new text end each even-numbered year, the secretary of state shall prescribe the
form for summary statements of election returns and the methods by which returns for the
state primary and state general election shall be recorded by precinct, county, and state
election officials. Each county auditor and municipal or school district clerk required to
furnish summary statements shall prepare them in the manner prescribed by the secretary
of state. The summary statement of the primary returns shall be in the same form as
the summary statement of the general election returns except that a separate part of the
summary statement shall be provided for the partisan primary ballot and a separate part for
the nonpartisan primary ballot.

Sec. 20.

Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be held on the deleted text begin first deleted text end new text begin second new text end
Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end in each even-numbered year to
select the nominees of the major political parties for partisan offices and the nominees for
nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 21.

Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

(a) No later than deleted text begin June 1 deleted text end new text begin May 1 new text end of each year, the
secretary of state shall supply each auditor with a copy of an example ballot. The example
ballot must illustrate the format required for the ballots used in the primary and general
elections that year.

(b) The county auditor shall distribute copies of the example ballot to municipal and
school district clerks in municipalities and school districts holding elections that year. The
official ballot must conform in all respects to the example ballot.

Sec. 22.

Minnesota Statutes 2008, section 204D.17, is amended to read:

204D.17 deleted text begin REPRESENTATIVE IN CONGRESS; deleted text end STATE SENATOR; STATE
REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.

Subdivision 1.

Special elections; exceptions.

A vacancy in the office of
deleted text begin representative in Congress or deleted text end state senator or state representative shall be filled for the
unexpired term by special election upon the writ of the governor as provided in sections
204D.17 to 204D.27; except that if deleted text begin Congress or deleted text end the legislature will not be in session before
the expiration of the vacant term no special election is required.

Subd. 2.

Two or more vacancies.

Two or more vacancies may be filled at the same
special election and the candidates may be nominated at the same special primary. Any
special primary or special election held pursuant to sections 204D.17 to 204D.27 may be
held on the same day as any other election.

Sec. 23.

Minnesota Statutes 2008, section 204D.19, is amended to read:

204D.19 SPECIAL ELECTIONS; WHEN HELD.

Subdivision 1.

Vacancy filled at general election.

When a vacancy occurs more
than 150 days before the next state general election, and the deleted text begin Congress or the deleted text end legislature
will not be in session before the final canvass of the state general election returns, the
vacancy shall be filled at the next state general election.

Subd. 2.

Special election when deleted text begin Congress or deleted text end 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 40th day prior to the opening day of session in the
succeeding even-numbered year, when a vacancy occurs and the deleted text begin Congress or deleted text end 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 35 days after the issuance of the writ.

Subd. 3.

Special election at other times.

When a vacancy occurs at a time other
than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a
special election to be held so that the individual elected may take office at the opening of
the next session deleted text begin of the Congress or deleted text end of the legislature, or at the reconvening of a session of
the deleted text begin Congress or of the deleted text end legislature.

Subd. 4.

Writ when vacancy results from election contest.

If a vacancy results
from a successful election contest, the governor shall issue 22 days after the first day of
the legislative session a writ calling for a special election unless the house in which the
contest may be tried has passed a resolution which states that it will or will not review
the court's determination of the contest. If the resolution states that the house will not
review the court's determination, the writ shall be issued within five days of the passage of
the resolution.

Sec. 24.

Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:

Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the
state general election; or

(b) a primary held deleted text begin four weeks before the first deleted text end new text begin on the second new text end Tuesday deleted text begin after the first
Monday in November deleted text end new text begin in August new text end of odd-numbered years.

Sec. 25.

Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:

Subd. 6.

Special election required; exception; when held.

Every vacancy shall be
filled for the remainder of the term by a special election held pursuant to this subdivision;
except that no special election shall be held in the year before the term expires.

The special election shall be held at the next November election if the vacancy
occurs at least deleted text begin six deleted text end new text begin 11 new text end weeks before the regular state primary preceding that election. If
the vacancy occurs less than deleted text begin six deleted text end new text begin 11 new text end weeks before the regular state primary preceding
the next November election, the special election shall be held at the second November
election after the vacancy occurs.

Sec. 26.

Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:

Subd. 8.

Notice of special election.

The secretary of state shall issue an official
notice of any special election required to be held pursuant to this section not later than
deleted text begin ten deleted text end new text begin 16 new text end weeks before the special primary, except that if the vacancy occurs deleted text begin ten deleted text end new text begin 16 new text end weeks or
less before the special primary, the secretary of state shall issue the notice no later than
two days after the vacancy occurs. The notice shall state the office to be filled, the opening
and closing dates for filing of candidacy and the dates of the special primary and special
election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
generally to special elections, this notice shall be used in place of the writ of the governor.

Sec. 27.

Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:

Subd. 9.

Filing by candidates.

The time for filing of affidavits and nominating
petitions for candidates to fill a vacancy at a special election shall open deleted text begin six deleted text end new text begin 12 new text end weeks before
the special primary or on the day the secretary of state issues notice of the special election,
whichever occurs later. Filings shall close deleted text begin four deleted text end new text begin ten new text end weeks before the special primary.

Sec. 28.

new text begin [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.
new text end

new text begin Subdivision 1. new text end

new text begin Scope; definition. new text end

new text begin (a) A vacancy in the office of representative in
Congress must be filled as specified in this section.
new text end

new text begin (b) "Vacancy," as used in this section, means a vacancy in the office of representative
in Congress.
new text end

new text begin Subd. 2. new text end

new text begin Vacancy 27 weeks or more before state primary. new text end

new text begin (a) If a vacancy occurs
27 weeks or more before the state primary, the governor must issue a writ within three
days of the vacancy for a special election for that office to be held between 20 and 24
weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary
must be held 11 weeks before the special election or on the second Tuesday in August if
the general election is held on the first Tuesday after the first Monday in November if any
major party has more than one candidate after the time for withdrawal has expired.
new text end

new text begin (b) The filing period for a special election under this subdivision must end on or
before the 131st day before the special election. Minor party and independent candidates
must submit their petitions by the last day for filing and signatures on the petitions must be
dated from the date of the vacancy through the last day for filing. There must be a one-day
period for withdrawal of candidates after the last day for filing.
new text end

new text begin Subd. 3. new text end

new text begin Vacancy more than 22 weeks but fewer than 27 weeks before state
primary. new text end

new text begin (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the
state primary, the governor must issue a writ within three days of the vacancy for a special
election for that office to be held on the day of the state primary with a special primary
held 11 weeks before the state primary, if any major party has more than one candidate
after the time for withdrawal has expired. The regularly scheduled election to fill the
next full term shall proceed pursuant to law.
new text end

new text begin (b) The filing period for a special election under this subdivision must end on or
before the 147th day before the state primary. Minor party and independent candidates
must submit their petitions by the last day for filing and signatures on the petitions must be
dated from the date of the vacancy through the last day for filing. There must be a one-day
period for withdrawal of candidates after the last day for filing. Candidates for a special
election under this subdivision are not subject to the prohibition in section 204B.06 against
having more than one affidavit of candidacy on file for the same election.
new text end

new text begin (c) The winner of a special election on the day of the state primary under this
subdivision shall serve the remainder of the vacant term and is eligible to be seated
in Congress upon issuance of the certificate of election. The winner of the regularly
scheduled term for that office at the general election shall take office on the day new
members of Congress take office.
new text end

new text begin Subd. 4. new text end

new text begin Vacancy 22 or fewer weeks before state primary but before general
election day. new text end

new text begin (a) If a vacancy occurs from 22 weeks before the state primary to the day
before the general election, no special election will be held. The winner of the general
election for the next full term for that office will serve the remainder of the unexpired term
and is eligible to be seated in Congress immediately upon issuance of a certificate of
election.
new text end

new text begin (b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of
a major political party and was nominated for the general election ballot by that party and
a vacancy occurs from the day of the state primary until the date of the general election,
there is a vacancy in nomination to be resolved pursuant to section 204B.13.
new text end

new text begin Subd. 5. new text end

new text begin Vacancy on or after election day and before the day new members of
Congress take office. new text end

new text begin (a) If a vacancy occurs between the day of the general election and
the day new members of Congress take office and the incumbent was not the winner of
the general election, the winner of the general election for the next full term for that
office is eligible to be seated in Congress immediately upon issuance of a certificate of
election or the vacancy, whichever occurs last.
new text end

new text begin (b) If a vacancy occurs on or after election day but before the day new members
of Congress take office and the incumbent was the winner of the general election, the
vacancy must be filled pursuant to subdivision 2.
new text end

Sec. 29.

Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:

Subdivision 1.

Establishing primary.

A municipal primary for the purpose of
nominating elective officers may be held in any city on the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the
second Monday in September deleted text end new text begin in August new text end of any year in which a municipal general election
is to be held for the purpose of electing officers.

Sec. 30.

Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance
or resolution adopted deleted text begin at least three months before the next deleted text end new text begin by April 15 in the year when
a new text end municipal general election new text begin is held new text end , elect to choose nominees for municipal offices by
a primary as provided in this section. The resolution or ordinance, when adopted, is
effective for all ensuing municipal elections until it is revoked. The municipal clerk shall
notify the secretary of state and the county auditor within 30 days after the adoption of the
resolution or ordinance.

Sec. 31.

Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

In deleted text begin municipalities deleted text end new text begin a city new text end nominating candidates at a
deleted text begin municipal deleted text end primary, an affidavit of candidacy for a city office deleted text begin or town office deleted text end voted on in
November must be filed deleted text begin not deleted text end new text begin no new text end more than deleted text begin 70 deleted text end new text begin 84 new text end days nor less than deleted text begin 56 deleted text end new text begin 70 new text end days before the
deleted text begin first Tuesday after the second Monday in September preceding the municipal general
election deleted text end new text begin city primary new text end . In deleted text begin all other deleted text end municipalities new text begin that do not hold a primary new text end , an affidavit of
candidacy must be filed deleted text begin not deleted text end new text begin no new text end more than 70 days and not less than 56 days before the
municipal general election new text begin held in March in any year, or a special election not held in
conjunction with another election, and no more than 91 days nor less than 77 days before
the municipal general election held in November of any year new text end .

Sec. 32.

Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:

Subd. 4.

Notice to auditor.

At least deleted text begin 53 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every municipal
election new text begin held in connection with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at least 53 days
before any other municipal election new text end , the municipal clerk shall provide a written notice
to the county auditor, including the date of the election, the offices to be voted on at the
election, and the title and language for each ballot question to be voted on at the election.
deleted text begin Not less than 46 deleted text end new text begin At least 74 new text end days before deleted text begin the deleted text end new text begin a regularly scheduled election for federal,
state, county, city, or school board office or a special election for federal office, and at least
46 days before any other new text end election, the municipal clerk must provide written notice to the
county auditor of any special election canceled under section 205.10, subdivision 6.

Sec. 33.

Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read:

Subd. 5.

Notice to secretary of state.

At least deleted text begin 46 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every
municipal election new text begin held in conjunction with a regularly scheduled election for federal,
state, county, city, or school board office or a special election for federal office, and at least
46 days before any other municipal election new text end for which a notice is provided to the county
auditor under subdivision 4, the county auditor shall provide a notice of the election to the
secretary of state, in a manner and including information prescribed by the secretary of
state.

Sec. 34.

Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

The
school board of a school district may, by resolution adopted by deleted text begin June 1 deleted text end new text begin April 15 new text end of any
year, decide to choose nominees for school board by a primary as provided in this section.
The resolution, when adopted, is effective for all ensuing elections of board members in
that school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary.

Sec. 35.

Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the deleted text begin first deleted text end new text begin second new text end Tuesday
deleted text begin after the second Monday in September deleted text end new text begin in August new text end in the year when the school district
general election is held. The clerk shall give notice of the primary in the manner provided
in section 205A.07.

Sec. 36.

Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read:

Subd. 3.

Cancellation.

A special election ordered by the school board on its own
motion under subdivision 1 may be canceled by motion of the school board, but not less
than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin an election held in conjunction with a regularly scheduled
election for federal, state, county, city, or school board office or a special election for
federal office, or 46 days before any other new text end election.

Sec. 37.

Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed
with the school district clerk no earlier than the deleted text begin 70th deleted text end new text begin 84th new text end day and no later than the deleted text begin 56th deleted text end new text begin
70th new text end day before the deleted text begin first deleted text end new text begin second new text end Tuesday deleted text begin after the second Monday in September deleted text end new text begin in August new text end
in the year when the school district general election is held. In all other school districts,
affidavits of candidacy must be filed no earlier than the deleted text begin 70th deleted text end new text begin 91st new text end day and no later than the
deleted text begin 56th deleted text end new text begin 77th new text end day before the school district general election.

Sec. 38.

Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:

Subd. 3.

Notice to auditor.

At least deleted text begin 53 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every school
district election new text begin held in conjunction with a regularly scheduled election for federal, state,
county, city, or school board office or a special election for federal office, and at least
53 days before any other school district election new text end , the school district clerk shall provide
a written notice to the county auditor of each county in which the school district is
located. The notice must include the date of the election, the offices to be voted on at the
election, and the title and language for each ballot question to be voted on at the election.
For the purposes of meeting the timelines of this section, in a bond election, a notice,
including a proposed question, may be provided to the county auditor deleted text begin prior to deleted text end new text begin before new text end
receipt of a review and comment from the commissioner of education and deleted text begin prior to deleted text end new text begin before new text end
actual initiation of the election. Not less than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin an election held in
conjunction with a regularly scheduled election for federal, state, county, city, or school
board office or a special election for federal office, or 46 days before any other new text end election,
the school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.

Sec. 39.

Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read:

Subd. 3a.

Notice to commissioner of education.

At least deleted text begin 49 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before
new text end every school district election new text begin held in conjunction with a regularly scheduled election for
federal, state, county, city, or school board office or a special election for federal office,
and at least 49 days before any other school district election new text end , under section 123B.62,
123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written
notice to the commissioner of education. The notice must include the date of the election
and the title and language for each ballot question to be voted on at the election. Not
less than deleted text begin 46 deleted text end new text begin 74 new text end days before deleted text begin the deleted text end new text begin every school district new text end election new text begin held in conjunction with a
regularly scheduled election for federal, state, county, city, or school board office or a
special election for federal office, and at least 46 days before any other school district
election new text end , the school district clerk must provide a written notice to the commissioner of
education of any special election canceled under section 205A.05, subdivision 3. The
certified vote totals for each ballot question shall be provided in a written notice to the
commissioner in a timely manner.

Sec. 40.

Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read:

Subd. 3b.

Notice to secretary of state.

At least deleted text begin 46 deleted text end new text begin 74 new text end days deleted text begin prior to deleted text end new text begin before new text end every
school district election new text begin held in conjunction with a regularly scheduled election for federal,
state, county, city, or school board office or a special election for federal office, and at
least 46 days before any other school district election new text end for which a notice is provided
to the county auditor under subdivision 3, the county auditor shall provide a notice of
the election to the secretary of state, in a manner and including information prescribed
by the secretary of state.

Sec. 41.

Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read:

Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a notice
to the voters who will be voting in a combined polling place for a school district special
election. The notice must include the following information: the date of the election, the
hours of voting, and the location of the voter's polling place. The notice must be sent by
nonforwardable mail to every affected household in the school district with at least one
registered voter. The notice must be mailed no later than 14 days before the election. The
mailed notice is not required for a school district special election that is held on deleted text begin the day of
the school district primary or general election, deleted text end the new text begin second new text end Tuesday deleted text begin following the second
Monday deleted text end in deleted text begin September deleted text end new text begin August new text end , the Tuesday following the first Monday in November, or
for a special election conducted entirely by mail. In addition, the mailed notice is not
required for voters residing in a township if the school district special election is held on
the second Tuesday in March and the town general election is held on that day. A notice
that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 42.

Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears
on the machines or marking devices used in a municipality substantially an equal number
of times in the first, last, and in each intermediate place in the list or group in which
they belong. However, the arrangement of candidates' names must be the same on all
voting systems used in the same precinct. If the number of names to be alternated exceeds
the number of precincts, the election official responsible for providing the ballots, in
accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision.

new text begin The rules adopted by the secretary of state for the rotation of candidate names must
use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year
when the rotation will be made as the basis for determining the rotation of names.
new text end

Sec. 43.

Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is
amended to read:

Subd. 2.

Plan.

The municipal clerk in a municipality where an electronic voting
system is used and the county auditor of a county in which an electronic voting system is
used in more than one municipality and the county auditor of a county in which a counting
center serving more than one municipality is located shall prepare a plan which indicates
acquisition of sufficient facilities, computer time, and professional services and which
describes the proposed manner of complying with section 206.80. The plan must be
signed, notarized, and submitted to the secretary of state more than 60 days before the
first election at which the municipality uses an electronic voting system. deleted text begin Prior to July deleted text end new text begin
Before May new text end 1 of each subsequent general election year, the clerk or auditor shall submit
to the secretary of state notification of any changes to the plan on file with the secretary
of state. The secretary of state shall review each plan for its sufficiency and may request
technical assistance from the Office of Enterprise Technology or other agency which may
be operating as the central computer authority. The secretary of state shall notify each
reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
of the plan. The attorney general, upon request of the secretary of state, may seek a district
court order requiring an election official to fulfill duties imposed by this subdivision or by
rules promulgated pursuant to this section.

Sec. 44.

Minnesota Statutes 2008, 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. deleted text begin On or before primary deleted text end new text begin At least 77 days
before the general new text end 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.

Sec. 45.

Minnesota Statutes 2008, section 211B.045, is amended to read:

211B.045 NONCOMMERCIAL SIGNS EXEMPTION.

In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, all noncommercial signs of any size may be
posted in any number from deleted text begin August 1 deleted text end new text begin 46 days before the state primary new text end in a state general
election year until ten days following the state general election.

Sec. 46.

Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read:

Subdivision 1.

Proposals.

The charter commission may propose amendments to
such charter and shall do so upon the petition of voters equal in number to five percent of
the total votes cast at the last previous state general election in the city. Proposed charter
amendments must be submitted at least deleted text begin 12 deleted text end new text begin 17 new text end weeks before the general election. Only
registered voters are eligible to sign the petition. All petitions circulated with respect to a
charter amendment shall be uniform in character and shall have attached thereto the text
of the proposed amendment in full; except that in the case of a proposed amendment
containing more than 1,000 words, a true and correct copy of the same may be filed with
the city clerk, and the petition shall then contain a summary of not less than 50 nor
more than 300 words setting forth in substance the nature of the proposed amendment.
Such summary shall contain a statement of the objects and purposes of the amendment
proposed and an outline of any proposed new scheme or frame work of government and
shall be sufficient to inform the signers of the petition as to what change in government is
sought to be accomplished by the amendment. The summary, together with a copy of the
proposed amendment, shall first be submitted to the charter commission for its approval
as to form and substance. The commission shall within ten days after such submission
to it, return the same to the proposers of the amendment with such modifications in
statement as it may deem necessary in order that the summary may fairly comply with
the requirements above set forth.

Sec. 47.

Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more than
deleted text begin 70 deleted text end new text begin 91 new text end days nor less than deleted text begin 56 deleted text end new text begin 77 new text end days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first
election, the clerk of the most populous city or town immediately after the last day of
the filing period. A candidate may withdraw from the election by filing an affidavit of
withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last
day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed on tan paper
and prepared as provided in the rules of the secretary of state. The ballots must be marked
and initialed by at least two judges as official ballots and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for the election
of officers. The hospital board may also authorize the use of voting systems subject to
chapter 206. Enough election judges may be appointed to receive the votes at each
polling place. The election judges shall act as clerks of election, count the ballots cast,
and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.

Sec. 48. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end