HF 3039

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 04:15pm

A bill for an act
relating to elections; changing the date of the state primary from August to March;
changing the date of primary elections conducted by a political subdivision in
certain circumstances; repealing laws governing political party precinct caucuses;
amending Minnesota Statutes 2022, sections 204B.14, subdivision 2; 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.06,
subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision
2; repealing Minnesota Statutes 2022, sections 202A.01; 202A.11; 202A.12;
202A.13; 202A.135; 202A.14; 202A.15; 202A.155; 202A.156; 202A.16; 202A.18;
202A.19; 202A.192; 202A.20.

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

Section 1.

Minnesota Statutes 2022, 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
November 1 if a presidential nomination primary new text begin or state general election new text end is scheduled to
occur in the following year deleted text begin or May 1 of any other year deleted text end :

(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.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.

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 October 1 if a presidential nomination primary new text begin or state
general election new text end is scheduled to occur in the following year deleted text begin or April 1 of any other year deleted text end .

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. 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.

(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after May 1 and until the polls close on election
day;

(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's website,
if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.

Sec. 2.

Minnesota Statutes 2022, 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 May deleted text end new text begin December new text end 1 in a year new text begin prior to a year new text end 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 list provided by the party must indicate which eligible
voters are willing to travel to a precinct outside of their home jurisdiction to act as an election
judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose.
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 May deleted text end new text begin December new 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, and a list of the names of individuals residing outside of the jurisdiction
who indicated a willingness to travel to that jurisdiction to act as an election judge, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be held on the second Tuesday
in deleted text begin August deleted text end new text begin March 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. 4.

Minnesota Statutes 2022, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

No later than deleted text begin May deleted text end new text begin December new text end 1 of deleted text begin each deleted text end new text begin a new text end year new text begin prior to
a year in which there is a state general election new text end , the secretary of state shall supply each
auditor with a copy of an example ballot to be used at the state primary and state general
election. The example ballot must illustrate the format required for the ballots used in the
primary and general elections that year. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, 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 second Tuesday in deleted text begin August deleted text end new text begin March new text end of odd-numbered years.

Sec. 6.

Minnesota Statutes 2022, 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 second Tuesday in deleted text begin August deleted text end new text begin March new 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. 7.

Minnesota Statutes 2022, 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 April deleted text end new text begin November new text end 15 in the year new text begin prior to a year new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, 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 April deleted text end new text begin November new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the second Tuesday in deleted text begin August deleted text end new text begin
March 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. 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. 10.

Minnesota Statutes 2022, 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 second Tuesday in deleted text begin August deleted text end new text begin March 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
98th day and no later than the 84th day before the school district general election.

Sec. 11.

Minnesota Statutes 2022, 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 second
Tuesday in deleted text begin August deleted text end new text begin March new text end , the Tuesday following the first Monday in November, or for a
special election conducted entirely by mail. A notice that is returned as undeliverable must
be forwarded immediately to the county auditor.

Sec. 12.

Minnesota Statutes 2022, 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 May deleted text end new text begin December new text end 1 of the
year deleted text begin when deleted text end new text begin prior to a year in which new text end the rotation will be made as the basis for determining
the rotation of names.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2022, 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 May deleted text end new text begin December new text end 1 deleted text begin of deleted text end new text begin prior to new text end 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 Department of Information Technology Services 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 202A.01; 202A.11; 202A.12; 202A.13; 202A.135;
202A.14; 202A.15; 202A.155; 202A.156; 202A.16; 202A.18; 202A.19; 202A.192; and
202A.20, new text end new text begin are repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this act is effective January 1, 2024, and applies to elections
conducted on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-04186

202A.01 DEFINITIONS.

The words used in this chapter have the meanings prescribed to them in chapter 200.

202A.11 PARTY NAME.

Subdivision 1.

Change.

Any major political party may change its name by complying with the following conditions:

The state central committee of the party may call a convention, and shall state in its call that a convention is called for a certain time and place, for the purpose of changing the name of the party to some specific name given in the call. The convention shall be held not less than 70 days before the state primary, and the change shall be agreed upon by resolution of a majority of the convention. A copy of the resolution determining the change of the name, certified by the chair and secretary of the convention, shall be filed with the secretary of state within five days after the holding of the convention. Thereafter the political party shall be known by the new name called for by the resolution, and the party under its new name shall have all the rights that it had under its former name.

Subd. 2.

Right to use.

A major political party which has adopted a party name is entitled to the exclusive use of that name for the designation of its candidates on all ballots, and no candidate of any other political party is entitled to have printed on a ballot as a party designation any part of that name.

202A.12 STATE CONVENTION, AUTHORITY OF.

Subdivision 1.

Time of convention.

The final authority over the affairs of each major political party is vested in the party's state convention to be held at least once every state general election year at the call of the state central committee.

Subd. 2.

State central committee.

Subject to the control of the state convention the general management of the affairs of the state party is vested in the party's state central committee.

Subd. 3.

State executive committee.

The state executive committee of the party shall have charge of the administration of the party's affairs, subject to the direction and control of the state convention and the state central committee.

Subd. 4.

Constitution, filing.

The chair of the state central committee of each party shall file with the secretary of state a copy of the party's constitution and all amendments to the constitution as they are enacted.

202A.13 COMMITTEES, CONVENTIONS.

The rules of each major political party shall provide that for each congressional district and at least 45 counties or legislative districts a convention shall be held at least once every state general election year. Each major political party shall also provide for each congressional district and at least 45 counties or legislative districts an executive committee consisting of a chair and such other officers as may be necessary. The party rules may provide for only one executive committee and one convention where any county and congressional district have the same territorial limits.

A delegate or alternate who is deaf, deafblind, or hard-of-hearing who needs interpreter services at a county, legislative district, congressional district, or state convention shall so notify the executive committee of the major political party unit whose convention the delegate or alternate plans to attend. Written notice must be given by certified mail or electronic mail to the executive committee at least 30 days before the convention date. The major political party, not later than 14 days before the convention date, shall secure the services of one or more interpreters if available and shall assume responsibility for the cost of the services. The state central committee of the major political party shall determine the process for reimbursing interpreters.

A visually impaired delegate or alternate to a county, legislative district, congressional district, or state convention may notify the executive committee of the major political party unit that the delegate or alternate requires convention materials in audio tape, Braille, or large print format. Upon receiving the request, the executive committee shall provide all official written convention materials as soon as they are available, so that the visually impaired individual may have them converted to audio tape, Braille, or large print format, prior to the convention.

202A.135 LEAVE TIME FROM EMPLOYMENT; PARTY OFFICERS; DELEGATES TO PARTY CONVENTIONS.

If an employee gives at least ten days' written notice to the employer, the employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the committee, or may attend any convention of major political party delegates including meetings of official convention committees if the employee is a delegate or alternate delegate to that convention. An employee who gives proper notice as provided in this section shall suffer no penalty or deduction from salary or wages on account of absence other than a deduction in salary or wages for the actual time of absence from employment. A violation of this section by an employer is a misdemeanor.

202A.14 PRECINCT CAUCUS.

Subdivision 1.

Time and manner of holding; postponement.

(a) In every state general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph (b), there shall be held for every election precinct a party caucus in the manner provided in sections 202A.14 to 202A.19.

(b)(1) The chairs of the two largest major political parties shall jointly submit to the secretary of state, no later than March 1 of each odd-numbered year, the single date on which the two parties have agreed to conduct their precinct caucuses in the next even-numbered year. For a year when a presidential nomination primary is scheduled, the date submitted must not be the date of the presidential nomination primary, or the town general election date provided in section 205.075, subdivision 1.

(2) Within two business days after the parties have agreed on a single date on which to conduct their precinct caucuses, the secretary of state shall publicly announce the official state precinct caucus date for the following general election year.

(3) If the chairs of the two largest major political parties do not jointly submit a single date for conducting their precinct caucuses as provided in this paragraph, then for purposes of the next general election year, one of the following dates shall be considered the day of a major political party precinct caucus and sections 202A.19 and 202A.192 shall only apply on that date:

(i) the first Tuesday in February in a year when no presidential nomination primary is required; or

(ii) the Tuesday immediately prior to the presidential nomination primary in a year when a presidential nomination primary is required.

(4) For purposes of this paragraph, the two largest major political parties shall be the parties whose candidates for governor received the greatest and second greatest number of votes at the most recent gubernatorial election.

(c) In the event of severe weather a major political party may request the secretary of state to postpone caucuses. If a major political party makes a request, or upon the secretary of state's own initiative, after consultation with all major political parties and on the advice of the federal Weather Bureau and the Department of Transportation, the secretary of state may declare precinct caucuses to be postponed for a week in counties where weather makes travel especially dangerous. The secretary of state shall submit a notice of the postponement to news media covering the affected counties by 6:00 p.m. on the scheduled day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

Subd. 2.

Caucus call.

The chair of the county or legislative district executive committee, whichever is provided for by party rules, shall issue the call for the precinct caucus at least 20 days before the time set for holding the caucus, and the call shall contain the following:

(a) name of party;

(b) precinct number;

(c) date caucus is to be held;

(d) place caucus is to be held;

(e) hours during which caucus shall be held;

(f) statutory rules governing the caucus;

(g) a statement of business to be conducted including the election of a chair and such other officers as may be provided by party rules, and the election of delegates to county or district conventions;

(h) number of delegates to be elected;

(i) name of the county or legislative district chair issuing the call;

(j) name of the present precinct chair or other person who will be the convener of the caucus;

(k) a space for entering the names of the officers and delegates elected by the caucus.

Subd. 3.

Notice.

The county or legislative district chair shall give at least six days' published notice of the holding of the precinct caucus, stating the place, date, and time for holding the caucus, and shall deliver the same information to the municipal clerk and county auditor at least 20 days before the precinct caucus. The county auditor shall make this information available at least ten days before the date of the caucuses to persons who request it.

202A.15 TIME AND PLACE OF CAUCUS.

Subdivision 1.

Time.

Precinct caucuses within a county shall be held on the day established pursuant to section 202A.14, subdivision 1, and the caucuses shall remain open for at least one hour.

Subd. 2.

Place.

The precinct caucuses shall be held at the regular polling places for each precinct or other suitable places designated in the call, and no caucus may be adjourned to any other place or time.

In the event that there is only one suitable meeting place in the precinct polling place and the major political parties cannot agree as to its use, the county auditor shall decide by lot prior to January 15, 1970, the party which is to receive the use of the meeting place in years evenly divisible by four and which party shall receive the use of the meeting place in other years in which a state general election is held. The report of such selections by lot in the county shall be filed by the auditor with the county board which shall publish the same as a part of the minutes of the board meeting at which the report is filed.

A precinct caucus must be held at a place that meets the accessibility standards for precinct polling places specified in section 204B.16, subdivision 5. In addition, the place where a precinct caucus is held must contain restrooms that conform to the standards in the State Building Code for accessibility by disabled persons. If a precinct caucus is held on a floor of a building that is either above or below the entrance level for the building, an elevator must be available. Any elevators used for access to the room where the precinct caucus is held must conform to the standards in the State Building Code for accessibility by disabled persons.

If there are not enough places within a precinct that are or can be made accessible as provided by this subdivision and section 204B.16, subdivision 5, for each major party to hold its precinct caucus, a major party may hold its caucus at a place outside one of the boundaries of the precinct in order to comply with accessibility requirements.

If only one place satisfies the accessibility and location requirements of this subdivision, the major parties shall alternate use of the place. Prior to January 1, 1990, the county auditor shall decide by lot which party is to use the accessible place in years evenly divisible by four and which party is to use the place in other years when a state general election is held.

202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS.

An individual who is deaf, deafblind, or hard-of-hearing who needs interpreter services at a precinct caucus shall so notify the major political party whose caucus the individual plans to attend. Notice must be given by letter or electronic mail to the state office of the major political party before the precinct caucus date. The major political party shall promptly attempt to secure the services of one or more interpreters if available and shall assume responsibility for the cost of the services if provided. The state central committee of the major political party shall determine the process for reimbursing interpreters.

A visually impaired individual may notify the county or legislative district committee of the major political party whose precinct caucus the individual plans to attend, that the individual requires caucus materials in audio tape, Braille, or large type format. Upon receiving the request, the county or legislative district committee shall provide all official written caucus materials as soon as they are available, so that the visually impaired individual may have them converted to audio tape, Braille, or large print format prior to the precinct caucus.

202A.156 INTERPRETER SERVICES AND ACCESSIBLE PRECINCT CAUCUS EXEMPTIONS.

A major political party is not required to:

(1) provide an interpreter for a convention or precinct caucus if it has made documented good faith efforts to locate and assign an interpreter, including contacting an interpreter referral center or regional service center for people who are deaf, deafblind, and hard-of-hearing, and no interpreters are available; or

(2) hold a precinct caucus at a place that meets the accessibility standards for precinct polling places specified in section 204B.16, subdivision 5, if it has made documented good faith efforts to locate and secure an available accessible site within a reasonable distance of the precinct, and no accessible site is available.

202A.16 CAUCUS, WHO MAY PARTICIPATE AND VOTE.

Subd. 4.

One caucus per year.

No person may vote or participate at more than one party's caucuses in any one year.

202A.18 CAUCUS, PROCEDURE.

Subdivision 1.

Temporary chair.

The convener shall be the temporary chair of the caucus.

Subd. 2.

Nominations; time of election of officers and delegates.

Nominations for the election of permanent officers and delegates shall remain open for at least the first quarter hour of the caucus. Election of delegates and alternates must begin within one hour of convening a caucus. Election of delegates and alternates may begin one-half hour after the convening of the caucus.

Subd. 2a.

Preference ballot for governor.

In a year when the office of governor appears on the state general election ballot, prior to the opening of nominations for the election of permanent offices and delegates, a ballot must be distributed to permit caucus participants to indicate their preference for the office of the governor. The results of preference voting must be reported to the secretary of state immediately upon conclusion of the voting, in the manner provided by the secretary of state. The secretary of state shall provide the appropriate forms to the party for reporting the results.

Subd. 3.

Secret ballot.

All voting shall be by secret ballot.

Subd. 4.

Announcement and certification of election results.

Upon completion of the counting of votes the chair shall announce the names of persons who are elected, and shall certify the names to the chair of the county or legislative district executive committee and to the chair of the state central committee.

Subd. 5.

Rules of order.

All questions concerning the manner in which a caucus is conducted or called that are not covered by statute shall be determined by Robert's Rules of Order (revised) unless otherwise specified by party rules.

202A.19 CAUCUS, SCHOOL SCHEDULE PREEMPTION, EXCUSAL FROM EMPLOYMENT TO ATTEND.

Subdivision 1.

Limits on local government meetings.

No special taxing district governing body, school board, county board of commissioners, township board, or city council may conduct a meeting after 6:00 p.m. on the day of a major political party precinct caucus. As used in this subdivision, "special taxing district" has the meaning given in section 275.066.

Subd. 2.

Absence from work.

Every employee who is entitled to attend a major political party precinct caucus is entitled, after giving the employer at least ten days' written notice, to be absent from work for the purpose of attending the caucus during the time for which the caucus is scheduled without penalty or deduction from salary or wages on account of the absence other than a deduction in salary for the time of absence from employment.

Subd. 3.

Limits on college or university meetings.

The University of Minnesota may not schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the Board of Regents. No Minnesota state college or university may schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the Board of Trustees of the Minnesota State Colleges and Universities.

Subd. 4.

Use of public school buildings.

No school official may deny the use of a public school building for the holding of a major political party precinct caucus if the school office has received a written request for the use of the school building 30 days or more prior to the date of the caucus.

Subd. 5.

Limits on public school events.

No public elementary or secondary school may hold a school sponsored event after 6:00 p.m. on the day of a major political party precinct caucus.

Subd. 6.

Limits on state public meetings.

No state agency, board, commission, department, or committee shall conduct a public meeting after 6:00 p.m. on the day of a major political party precinct caucus.

202A.192 USE OF PUBLIC FACILITIES.

Every statutory city, home rule charter city, county, town, school district, and other public agency, including the University of Minnesota and other public colleges and universities, shall make their facilities available for the holding of precinct caucuses and legislative district or county conventions required by this chapter. A charge for the use of the facilities may be imposed in an amount that does not exceed the lowest amount charged to any public or private group.

202A.20 CAUCUS INFORMATION; RESULTS.

Subdivision 1.

Information.

The secretary of state may sponsor or participate in activities designed to provide public information related to the precinct caucuses and to promote participation in the caucus process.

Subd. 2.

Reporting caucus results.

The secretary of state shall promptly report to the public the results of preference balloting at the precinct caucuses.