Minnesota Legislature
HF 3164
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/18/2008 |
Current Version - as introduced
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A bill for an act
relating to elections; allowing a primary election for presidential candidates as
determined by each major political party; permitting each party to determine the
date of its precinct caucuses in nonpresidential election years; requiring precinct
caucuses to be held on the first date another state in the region conducts a caucus
or primary in a presidential election year; amending Minnesota Statutes 2006,
sections 202A.14, subdivision 1; 202A.15, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 207A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 202A.14, subdivision 1, is amended to
read:
Subdivision 1.
Time and manner of holding; postponement.
deleted text begin At 7:00 p.m. on the
first Tuesday in March indeleted text end new text begin (a) In new text end every state general election yearnew text begin , beginning at 7:00 p.m.
on the date established pursuant to paragraph (b),new text end there shall be held for every election
precinct a party caucus in the manner provided in sections 202A.14 to 202A.19deleted text begin , except
that indeleted text end new text begin .new text end
new text begin
(b) (1) In a year in which a president of the United States is to be nominated and
elected, the party's precinct caucuses must be held on the earliest date on which a political
party in either North Dakota, South Dakota, Iowa, Wisconsin, or Illinois is conducting
a primary or caucus to begin the process of selecting delegates to the national party
convention, provided that the caucus must be held no later than the second Tuesday in
January.
new text end
new text begin
(2) In any state general election year in which a president of the United States will
not be elected, the date of a party's precinct caucuses must be determined by the state
executive committee of the party, in consultation with the secretary of state. The executive
committee must provide notice of its chosen caucus date to the secretary of state at least
90 days prior to the date on which the caucus is to be held.
new text end
new text begin (c) In new text end the event of severe weathernew text begin , on the advice of the federal Weather Bureau and
the Department of Transportation, and in consultation with the secretary of state,new text end a major
political party deleted text begin 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 statedeleted text end may declare precinct caucuses to be
postponed for a week in counties where weather makes travel especially dangerous. The
deleted text begin secretary of state shalldeleted text end new text begin party must new text end 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.
Sec. 2.
Minnesota Statutes 2006, section 202A.15, subdivision 2, is amended to read:
Subd. 2.
Place.
new text begin (a) (1) new text end 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.
new text begin
(2) In the event a major political party is holding a presidential primary pursuant to
chapter 207A at the same time and in the same location a caucus is to be held, the caucus
location must be moved to an alternate location, consistent with the requirements of this
section, that is as near as practicable to the location of the polling place. If possible, the
alternate location must be in the same building as the polling place, provided that the
caucus attendees may not directly or indirectly influence or disrupt voters or otherwise
interfere with the conduct of the primary election.
new text end
new text begin (b) new text end 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.
Sec. 3.
new text begin
[207A.11] APPLICABILITY.
new text end
new text begin
(a) Notwithstanding chapter 202A, a major party may choose to select its delegates
to the national party convention as provided in this chapter in a year in which a president
of the United States is to be nominated and elected. If a major party chooses to hold a
primary election, it must inform the secretary of state of its decision at least 180 days
before the date on which the primary election is to be held.
new text end
new text begin
(b) The provisions of this chapter apply only if a major party has chosen to hold a
presidential primary election and has provided notice to the secretary of state consistent
with paragraph (a).
new text end
Sec. 4.
new text begin
[207A.12] DEFINITIONS.
new text end
new text begin
(a) Except as otherwise provided, the definitions in chapter 200 apply to this chapter.
new text end
new text begin
(b) For purposes of this chapter, "upper midwest region" means the states of
Minnesota, North Dakota, South Dakota, Iowa, Wisconsin, and Illinois.
new text end
Sec. 5.
new text begin
[207A.13] PRESIDENTIAL PRIMARY.
new text end
new text begin
In a year in which a president of the United States is to be nominated and elected, if
a party chooses to hold a primary election, the primary must be held on the earliest date on
which another state in the upper midwest region is also conducting a primary or caucus to
begin the process of selecting delegates to the national party convention, provided that the
primary must be held no later than the second Tuesday in January. The voters of this state
may express their preference among the candidates of the major political party of their
choice for that party's nomination to be president of the United States or may indicate a
preference for uncommitted delegates to the national party convention.
new text end
Sec. 6.
new text begin
[207A.14] CANDIDATES ON BALLOT.
new text end
new text begin Subdivision 1. new text end
new text begin Required listing. new text end
new text begin
The following individuals must be listed as
candidates on the appropriate major political party presidential ballot with a separate
ballot for each major political party:
new text end
new text begin
(1) any individual who files an affidavit of candidacy pursuant to section 204B.06
and submits the appropriate filing fee or petition in place of the filing fee pursuant to
section 204B.11; and
new text end
new text begin
(2) any individual nominated as a candidate for the presidential nomination of a
major political party by a petition submitted not later than ten weeks before the primary
and bearing the names of 1,000 eligible voters from each congressional district.
new text end
new text begin
In addition, each major political party's ballot must contain a place for a voter to
indicate a preference for having delegates to the party's national convention remain
uncommitted, and a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot.
new text end
new text begin
The candidates must be listed on the appropriate major political party ballot in
the order that the affidavits of candidacy or nominating petitions for the candidates are
filed with the secretary of state.
new text end
new text begin Subd. 2. new text end
new text begin Time for filing; fee. new text end
new text begin
The period for filing an affidavit of candidacy for a
presidential primary must begin 16 weeks before the primary and end 14 weeks before the
primary. The filing fee is $500. The period for signing nominating petitions must begin 16
weeks before the primary and end ten weeks before the primary.
new text end
new text begin Subd. 3. new text end
new text begin Announcing candidates. new text end
new text begin
Candidates who have filed an affidavit of
candidacy pursuant to subdivision 1, clause (1), for each major political party on the
presidential primary ballot must be announced by the secretary of state the day after filings
close so that voters have sufficient time to nominate other candidates by petition.
new text end
new text begin Subd. 4. new text end
new text begin Announcement. new text end
new text begin
The determination of which candidates must be listed
on the presidential primary ballot must be made by the secretary of state not later than
eight weeks before the presidential primary. The secretary of state must certify to the
county auditor of each county the names of all candidates in the presidential primary
at least seven weeks before the primary.
new text end
new text begin Subd. 5. new text end
new text begin Notification. new text end
new text begin
Not later than three days after the last day for filing a
nominating petition pursuant to subdivision 1, clause (2), the secretary of state must notify
each individual whose name is to be listed on the presidential primary ballot that the
individual's name will be listed unless the individual submits an affidavit stating that the
individual is not a candidate for the presidential nomination, does not intend to become a
candidate, and would not accept the nomination. The affidavit must be submitted to and
received by the secretary of state no later than eight weeks before the presidential primary.
new text end
Sec. 7.
new text begin
[207A.15] PRESIDENTIAL PRIMARY; HOW CONDUCTED.
new text end
new text begin
(a) Except as otherwise provided in this chapter, a presidential primary must be
conducted and the results canvassed and returned in the manner provided by law for the
state primary.
new text end
new text begin
(b) If more than one major political party is conducting a presidential primary, an
individual seeking to vote at the primary must, after signing the polling place roster,
request the ballot of the party for whose candidates the individual wishes to vote. The
polling place roster for the primary must list the names of the political parties appearing
on the ballot at the primary.
new text end
Sec. 8.
new text begin
[207A.16] AUDITOR FURNISHED INFORMATION BY SECRETARY
OF STATE; BALLOT PREPARATION.
new text end
new text begin Subdivision 1. new text end
new text begin Notice of filing period. new text end
new text begin
Twenty weeks before a presidential primary
is to be held, the secretary of state must provide notice to the county auditor of each
county of the date of the presidential primary. Within ten days after notification by the
secretary of state, each county auditor must provide notice of the date of the presidential
primary to each municipal clerk in the county.
new text end
new text begin Subd. 2. new text end
new text begin Notice of primary. new text end
new text begin
At least 15 days before the date of the presidential
primary, each municipal clerk must post a public notice stating the date of the presidential
primary, the location of each polling place in the municipality, and the hours during which
the polling places in the municipality will be open. The county auditor must post a similar
notice in the auditor's office with information for any polling places in unorganized
territory in the county. In addition to posting, the governing body of a municipality or
county may also publish the notice. Failure to give notice does not invalidate the election.
new text end
new text begin Subd. 3. new text end
new text begin Ballot preparation. new text end
new text begin
The secretary of state must prepare paper ballots,
absentee ballot envelopes, ballot return envelopes, election return envelopes, and summary
statements for use in the presidential primary. Ballots must follow the form required for
state primary elections as described in sections 204D.04 to 204D.08.
new text end
Sec. 9.
new text begin
[207A.17] SELECTION OF DELEGATES.
new text end
new text begin
(a) If a primary election is conducted, delegates to a major party's national
convention must be chosen consistent with the results of the primary election as certified
by the state canvassing board.
new text end
new text begin
(b) At the national convention, delegates chosen because of their support for a
presidential candidate must vote for that candidate on the first ballot, unless they have
been released from that obligation by the candidate.
new text end
new text begin
(c) This section must not apply to the extent its requirements are inconsistent with
the rules of the national or state party.
new text end
Sec. 10.
new text begin
[207A.18] USE OF VOTING MACHINES.
new text end
new text begin
The county auditor of each county must provide all ballots, ballot labels, ballot
cards, and other necessary printed forms and supplies needed to place the ballots required
by this chapter on the voting machines which otherwise are provided by the state when
paper ballots are used. The total cost of printing and providing the forms must be paid by
the state.
new text end
Sec. 11.
new text begin
[207A.19] RULEMAKING AUTHORITY.
new text end
new text begin
The secretary of state must adopt rules to implement the provisions of this chapter
as follows:
new text end
new text begin
(1) to determine a method for verifying the signatures on nominating petitions and
petitions in place of filing fees for the presidential primary; and
new text end
new text begin
(2) to determine the manner of paying or reimbursing the costs to the counties of
conducting the presidential primary.
new text end
Sec. 12.
new text begin
[207A.20] REIMBURSEMENT OF ELECTION EXPENSES.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of secretary of state. new text end
new text begin
The secretary of state must reimburse
counties and municipalities for expenses incurred in the administration of the presidential
primary from the funds appropriated by the legislature for this purpose as provided in this
section. Up to $....... of the appropriation for reimbursement of election expenses may be
retained by the secretary of state to administer the reimbursement program.
new text end
new text begin Subd. 2. new text end
new text begin Reimbursable expenses. new text end
new text begin
The following expenses are eligible for
reimbursement: salaries of election judges; postage for absentee ballots; preparation of
polling places, in an amount not to exceed $25 per polling place; preparation of electronic
voting systems, in an amount not to exceed $50 per precinct; compensation of county
canvassing board members; publication of the sample ballot; and compensation for
temporary staff or overtime payments.
new text end
new text begin Subd. 3. new text end
new text begin Certification of costs. new text end
new text begin
The county auditor must certify to the secretary
of state the costs incurred by the county for the presidential primary. The municipal
clerk must certify to the secretary of state the costs incurred by the municipality for the
presidential primary. If the total amount certified by all units for temporary staff and
overtime payments exceeds $......., the secretary of state must reduce those amounts
so that they do not exceed $........ The secretary of state must provide each county
and municipality with the appropriate forms for this certification. The secretary of
state may require that the county auditor or municipal clerk provide documentation of
actual expenditures made for the presidential primary. The certification of costs must be
submitted to the secretary of state no later than 60 days after the presidential primary.
No reimbursement of expenses may be made unless the certification of costs has been
submitted as provided in this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Apportionment of reimbursements. new text end
new text begin
If the total amount of requests for
reimbursement of expenses exceeds the total amount appropriated to the secretary of state
for this purpose, the secretary of state must proportionately reduce the reimbursements so
that they do not exceed the amount appropriated.
new text end