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HF 3172

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to elections; changing certain special election and primary provisions;
amending Minnesota Statutes 2006, sections 204D.19, subdivision 2; 204D.23,
subdivision 2; 204D.27, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 204D.19, subdivision 2, is amended to
read:


Subd. 2.

Special election when the Congress or 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 deleted text begin 33rddeleted text end new text begin 40thnew text end day prior to the opening day of
session in the succeeding even-numbered year, when a vacancy occurs and the Congress
or 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 deleted text begin 28deleted text end new text begin 35new text end days
after the issuance of the writ.

Sec. 2.

Minnesota Statutes 2006, section 204D.23, subdivision 2, is amended to read:


Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and
petitions shall be filed no later than deleted text begin the seventh daydeleted text end new text begin 14 daysnew text end before the special primary.

Sec. 3.

Minnesota Statutes 2006, section 204D.27, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Recounts. new text end

new text begin In a special primary or special election, the provisions of
section 204C.35 apply, except that the secretary of state may immediately proceed to
recount the votes upon review of the certified reports of the county canvassing boards if
it is apparent from the review that a recount is required.
 new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
 new text end