Minnesota Legislature
HF 2704
as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 05:55pm
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A bill for an act
relating to elections; changing the date of the state primary from August
to June; changing the date of primary elections conducted by a political
subdivision, in certain circumstances; amending Minnesota Statutes 2010,
sections 204B.14, subdivision 4; 204B.21, subdivision 1; 204D.03, subdivision
1; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2;
205A.03, subdivisions 1, 2; 205A.11, subdivision 2a; 206.61, subdivision 5;
206.82, subdivision 2; Minnesota Statutes 2011 Supplement, sections 204B.14,
subdivision 2; 205A.06, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2011 Supplement, 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 Maydeleted text end new text begin Marchnew 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 contiguous precincts in the same municipality;
(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 Aprildeleted text end new text begin Februarynew 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. 2.
Minnesota Statutes 2010, section 204B.14, subdivision 4, is amended to read:
Subd. 4.
Boundary change procedure.
Any change in the boundary of an election
precinct must be adopted at least ten weeks before the date of the next election and, for the
state primary and general election, no later than deleted text begin Junedeleted text end new text begin Aprilnew 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 56 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 before 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. 3.
Minnesota Statutes 2010, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and secretary of
state.
On deleted text begin Maydeleted text end new text begin Marchnew text end 1 in a year in which there is an election for a partisan political
office, each major political party shall prepare a list of eligible voters to act as election
judges in each election precinct. The political parties shall furnish the lists electronically
to the secretary of state, in a format specified by the secretary of state. The secretary of
state must combine the data received from each political party under this subdivision
and must process the data to locate the precinct in which the address provided for each
potential election judge is located. If the data submitted by a political party is insufficient
for the secretary of state to locate the proper precinct, the associated name must not appear
in any list forwarded to an appointing authority under this subdivision. The secretary of
state shall notify political parties of any proposed election judges with addresses that
could not be located in a precinct.
By deleted text begin Maydeleted text end new text begin Marchnew text end 15, the secretary of state shall furnish electronically to the county
auditor a list of the appropriate names for each election precinct in the jurisdiction of
the appointing authority, noting the political party affiliation of each individual on the
list. The county auditor must promptly forward the appropriate names to the appropriate
municipal clerk.
Sec. 4.
Minnesota Statutes 2010, section 204D.03, subdivision 1, is amended to read:
Subdivision 1.
State primary.
The state primary shall be held on the deleted text begin seconddeleted text end new text begin firstnew text end
Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew 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. 5.
Minnesota Statutes 2010, section 204D.09, subdivision 1, is amended to read:
Subdivision 1.
Example ballot.
(a) No later than deleted text begin Maydeleted text end new text begin Marchnew text end 1 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. 6.
Minnesota Statutes 2010, 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 on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end
of odd-numbered years.
Sec. 7.
Minnesota Statutes 2010, 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 seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the
third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew text end of any year in which a municipal general election is to
be held for the purpose of electing officers. The date of a municipal primary held in
an odd-numbered year may be postponed for inclement weather as provided in section
205.105.
Sec. 8.
Minnesota Statutes 2010, 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 by deleted text begin Aprildeleted text end new text begin Januarynew text end 15 in the year when a municipal general election
is held, 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. 9.
Minnesota Statutes 2010, 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 Aprildeleted text end new text begin Januarynew text end 15 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. 10.
Minnesota Statutes 2010, section 205A.03, subdivision 2, is amended to read:
Subd. 2.
Date.
The school district primary must be held on the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin
after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew 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. The date of a school district primary held in an odd-numbered year may be
postponed for inclement weather as provided in section 205A.055.
Sec. 11.
Minnesota Statutes 2011 Supplement, 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 84th day and no later than the 70th day
before the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew 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 98th day and no later than the 84th day before the school
district general election.
Sec. 12.
Minnesota Statutes 2010, 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 the deleted text begin seconddeleted text end new text begin firstnew text end Tuesdaynew text begin after the third Mondaynew text end in deleted text begin Augustdeleted text end new text begin Junenew 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. 13.
Minnesota Statutes 2010, 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.
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 deleted text begin Maydeleted text end new text begin Marchnew text end 1 of
the year when the rotation will be made as the basis for determining the rotation of names.
Sec. 14.
Minnesota Statutes 2010, 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. Before
deleted text begin Maydeleted text end new text begin Marchnew 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. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 14 are effective January 1, 2013, and apply to elections conducted
on or after that date.
new text end