HF 3298

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2016 02:35pm

A bill for an act
relating to elections; establishing a presidential primary; requiring the party
caucuses to take place on the first Tuesday in February in a general election year;
making technical changes; amending Minnesota Statutes 2014, sections 201.091,
subdivision 4; 202A.14, subdivision 1; 202A.15, subdivision 2; 202A.18,
subdivision 2a; 204B.03; 204B.06, subdivision 4; 204B.14, subdivisions 2, 4;
204B.21, subdivision 1; 204C.10; 204D.09, subdivision 1; 204D.24, subdivision
2; 206.82, subdivision 2; Minnesota Statutes 2015 Supplement, section 204C.04,
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 2014, section 201.091, subdivision 4, is amended to read:

Subd. 4.

Public information lists.

The county auditor shall make available for
inspection a public information list which must contain the name, address, year of birth, and
voting history of each registered voter in the county. new text begin The voting history of a registered voter
must include information on the voter's political party choice at the most recent presidential
primary, as provided in section 207A.11, subdivision 2. new text end The telephone number must be
included on the list if provided by the voter. The public information list may also include
information on voting districts. The county auditor may adopt reasonable rules governing
access to the list. No individual inspecting the public information list shall tamper with
or alter it in any manner. No individual who inspects the public information list or who
acquires a list of registered voters prepared from the public information list may use any
information contained in the list for purposes unrelated to elections, political activities, or
law enforcement. The secretary of state may provide copies of the public information lists
and other information from the statewide registration system for uses related to elections,
political activities, or in response to a law enforcement inquiry from a public official
concerning a failure to comply with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political
activities, or law enforcement. Requests to examine or obtain information from the public
information lists or the statewide registration system must be made and processed in the
manner provided in the rules of the secretary of state.

Upon receipt of a statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the voter's family,
the secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

Sec. 2.

Minnesota Statutes 2014, section 202A.14, subdivision 1, is amended to read:

Subdivision 1.

Time and manner of holding; postponement.

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

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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, the first Tuesday in February 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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end 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.

Sec. 3.

Minnesota Statutes 2014, section 202A.15, subdivision 2, is amended to read:

Subd. 2.

Place.

The precinct caucuses shall be held at the regular polling places
for each precinct or deleted text begin other suitable places deleted text end new text begin another suitable place as new text end designated in the call,
new text begin as near as practicable to the regular polling place, new text end 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.

Sec. 4.

Minnesota Statutes 2014, section 202A.18, subdivision 2a, is amended to read:

Subd. 2a.

Preference 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 deleted text begin offices of president of the United States or deleted text end new text begin office of
the new text end 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.

Sec. 5.

Minnesota Statutes 2014, section 204B.03, is amended to read:

204B.03 MANNER OF NOMINATION.

Candidates of a major political party for any partisan office except presidential
elector and all candidates for nonpartisan office shall apply for a place on the primary
ballot by filing an affidavit of candidacy as provided in section 204B.06, and except as
otherwise provided in section 204D.07, subdivision 3, shall be nominated by primary.
new text begin A candidate who seeks the nomination of a major political party for the president of
the United States must file an affidavit of candidacy as required under section 204B.06.
new text end Candidates for any partisan office who do not seek the nomination of a major political
party shall be nominated by nominating petition as provided in sections 204B.07 and
204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy
as provided in section 204B.06.

Sec. 6.

Minnesota Statutes 2014, section 204B.06, subdivision 4, is amended to read:

Subd. 4.

Federal offices.

deleted text begin Candidates for president or vice president of the United
States are not required to file an affidavit of candidacy for office. deleted text end new text begin (a) new text end Candidates who
seek nomination for the office of United States senator or representative shall state the
following information on the affidavit:

(1) for United States senator, that the candidate will be an inhabitant of this state
when elected and will be 30 years of age or older and a citizen of the United States for not
less than nine years on the next January 3 or, in the case of an election to fill a vacancy,
within 21 days after the special election; and

(2) for United States representative, that the candidate will be an inhabitant of this
state when elected and will be 25 years of age or older and a citizen of the United States
for not less than seven years on the next January 3 or, in the case of an election to fill a
vacancy, within 21 days after the special election.

new text begin (b) A candidate who seeks nomination for president of the United States shall state
on the affidavit that the candidate is a natural born citizen of the United States, will have
attained the age of 35 years upon taking office, and will have been a resident of the United
States for 14 years upon taking office.
new text end

Sec. 7.

Minnesota Statutes 2014, 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
new text begin November 1 if a presidential primary is scheduled to occur in the following year or new text end May 1
of any new text begin other new text end 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 new text begin October 1 if a presidential primary is
scheduled to occur in the following year or new text end April 1 of any new text begin other new text end year.

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.

Sec. 8.

Minnesota Statutes 2014, 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 new text begin or presidential primary new text end , no later than deleted text begin June deleted text end new text begin December
new text end 1 in the year deleted text begin of deleted text end new text begin prior to new text end 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. 9.

Minnesota Statutes 2014, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and secretary of
state.

On May 1 in a year in which there is an election for a partisan political office new text begin or
on November 1 in a year prior to a year in which a presidential primary is scheduled new text end ,
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 new text begin November 15 in a year prior to a year in which a presidential primary is
scheduled to occur or by new text end May 15 new text begin in any other year new text end , 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. 10.

Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2, is
amended to read:

Subd. 2.

Elections covered.

For purposes of this section, "election" means a
regularly scheduled election, an election to fill a vacancy in the office of United States
senator or United States representative, an election to fill a vacancy in nomination for a
constitutional office, deleted text begin or deleted text end an election to fill a vacancy in the office of state senator or state
representative new text begin , or a presidential primary under chapter 207A new text end .

Sec. 11.

Minnesota Statutes 2014, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order
revokes the individual's right to vote, has not been found by a court of law to be legally
incompetent to vote or has the right to vote because, if the individual was convicted of
a felony, the felony sentence has expired or been completed or the individual has been
discharged from the sentence, is registered and has not already voted in the election. new text begin For
presidential primaries, the polling place roster must also include a space where the voter
is able to indicate the name of the political party whose ballot the voter is requesting, as
required by section 207A.11, subdivision 2. new text end The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."

(b) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster or voter signature certificate, the judge shall
give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to the voter the ballot. The voters' receipts must be maintained during the time for
notice of filing an election contest.

Sec. 12.

Minnesota Statutes 2014, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

new text begin (a) No later than November 1 in a year prior
to a year in which there is a presidential election, the secretary of state shall supply
each auditor with a copy of an example ballot to be used for each political party at the
presidential primary under chapter 207A. The example ballot must illustrate the format
required for the ballot used in the presidential primary in the following year.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end No later than May 1 of each year, the secretary of state shall supply each
auditor with a copy of an example ballot new text begin to be used at the state primary and state general
election new text end . The example ballot must illustrate the format required for the ballots used in the
primary and general elections that year. deleted text begin (b) deleted text end 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. 13.

Minnesota Statutes 2014, section 204D.24, subdivision 2, is amended to read:

Subd. 2.

Voter registration.

An individual may register to vote at a special primary
or special election at any time before the day that the polling place rosters for the special
primary or special election are prepared by the secretary of state. The secretary of state
shall provide the county auditors with notice of this date at least seven days before the
printing of the rosters. This subdivision does not apply to a special election held on the
same day as the new text begin presidential primary, new text end state primary, state general election, or the regularly
scheduled primary or general election of a municipality, school district, or special district.

Sec. 14.

Minnesota Statutes 2014, 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 May 1 of
each subsequent general election year new text begin or if a presidential primary is scheduled to occur
before November 1 two calendar years prior to the presidential primary year new text end , 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 MN.IT 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.

Sec. 15.

new text begin [207A.11] PRESIDENTIAL PRIMARY.
new text end

new text begin Subdivision 1. new text end

new text begin Conduct of primary. new text end

new text begin (a) A presidential primary must be held on the
first Tuesday in February of each year in which a president and vice president of the United
States are to be nominated and elected, at which 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 vote for uncommitted delegates to
the national party convention. For the purposes of this chapter, "political party" or "party"
means a major political party as defined in section 200.02, subdivision 7.
new text end

new text begin (b) Except as otherwise provided in this chapter, the 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 Subd. 2. new text end

new text begin Voter certification; ballot. new text end

new text begin An individual seeking to vote at the presidential
primary shall request the ballot of the party for whose candidates the individual wishes to
vote. A voter may only request the ballot of one political party at the election. Before
receiving a ballot, a voter shall sign the polling place roster as provided in section 204C.10
and shall also indicate the name of the political party whose ballot the voter is requesting.
Notwithstanding section 204C.18, subdivision 1, the name of the political party selected
by a voter at the presidential primary must be recorded on the polling place roster.
new text end

Sec. 16.

new text begin [207A.12] 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 (a) The following individuals must be listed as
candidates on the applicable political party's presidential primary ballot:
new text end

new text begin (1) any individual who files an affidavit of candidacy under section 204B.06 and
submits the appropriate filing fee or petition in place of filing fee under section 204B.11; and
new text end

new text begin (2) any individual nominated as a candidate for the presidential nomination of a
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 (b) In addition, the 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 (c) The candidates must be listed on the 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 the
presidential primary must begin not more than 84 days nor less than 70 days 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 under subdivision 1, paragraph (a), clause (1), for each political party on the
primary ballot must be announced by the secretary of state the day after filings close for
the purpose of giving voters 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 primary ballot must be made by the secretary of state not later than eight weeks before
the primary. The secretary of state shall 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 under subdivision 1, paragraph (a), clause (2), the secretary of state
shall notify each individual whose name is to be listed on the 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 primary.
new text end

Sec. 17.

new text begin [207A.13] SELECTION OF DELEGATES; NATIONAL CONVENTION
BALLOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Apportionment of votes. new text end

new text begin The delegates to the national convention
of each political party appearing on the primary ballot who are chosen on the basis of their
support for particular presidential candidates must be apportioned among the various
candidates of that party receiving votes in the primary in proportion to a candidate's
respective vote totals.
new text end

new text begin The secretary of state shall certify to the state chair of each political party appearing on
the primary ballot the number of delegates to which each presidential candidate is entitled.
new text end

new text begin Subd. 2. new text end

new text begin Chosen delegates. new text end

new text begin Delegates to the national convention of each
political party appearing on the primary ballot must be chosen by the state convention
or congressional district convention of that party, except as otherwise provided in this
subdivision. The secretary of each party's state convention or congressional district
convention shall promptly notify the secretary of state of the names of the delegates to the
national convention chosen as supporters of each presidential candidate.
new text end

new text begin Subd. 3. new text end

new text begin Delegate votes. new text end

new text begin At the national convention, delegates chosen because of
their support for a presidential candidate shall vote for that candidate on the first ballot,
unless they have been released from that obligation by the candidate. This subdivision
does not apply to delegates to the extent that it is inconsistent with the rules of the national
party or state party.
new text end

Sec. 18.

new text begin [207A.14] 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 shall 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 shall 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 shall 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 shall post a similar
notice in the auditor's office with information for any polling places in an unorganized
territory in the county. The governing body of a municipality or county may publish the
notice in addition to posting it. 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 shall prepare paper ballots,
absentee ballot envelopes, ballot return envelopes, election return envelopes, and summary
statements for use in the presidential primary. A separate paper ballot shall be prepared
for each political party.
new text end

Sec. 19. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment and applies to elections
conducted on or after January 1, 2020.
new text end