HF 3979

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:04pm

A bill for an act
relating to elections; requiring the state primary to be held on the same day as the
presidential nomination primary in calendar year 2020; amending Minnesota
Statutes 2016, sections 204D.03, subdivision 1; 204D.09, subdivision 1; 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.

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

Section 1.

Minnesota Statutes 2016, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

new text begin (a) Except as provided in paragraph (b), new text end the state primary
shall be held on the second Tuesday in August 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.

new text begin (b) In calendar year 2020, the state primary shall be held on the same day as the
presidential nomination primary as established under section 207A.11.
new text end

Sec. 2.

Minnesota Statutes 2016, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

No later than May 1 of each year, new text begin or if the state primary
is scheduled to be held on the same day as the presidential nomination primary, no later
than 70 days before the date established under section 207A.11, 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.

Sec. 3.

Minnesota Statutes 2016, 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 August of any year in
which a municipal general election is to be held for the purpose of electing officers. new text begin If a
municipal primary is to be held in the year established under section 204D.03, subdivision
1, paragraph (b), the municipal primary must be held on the same day as the presidential
nomination primary as established under section 207A.11. new text end 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. 4.

Minnesota Statutes 2016, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

new text begin (a) new text end The governing body of a city may, by ordinance
or resolution adopted by April 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.

new text begin (b) If the state primary is to be held on the same day as the presidential nomination
primary established under section 207A.11 and the governing body of a city has not already
elected to choose nominees for municipal offices by a primary election as provided in this
section, the governing body of the city may, by ordinance or resolution adopted by January
15 of the year established under section 204D.03, subdivision 1, paragraph (b), elect to
choose nominees for municipal offices by a primary as provided in this section.
new text end

new text begin (c) new text end 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. 5.

Minnesota Statutes 2016, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

new text begin (a) new text end The school
board of a school district may, by resolution adopted by April 15 of any year, decide to
choose nominees for school board by a primary as provided in this section.

new text begin (b) If the state primary is to be held on the same day as the presidential nomination
primary as established under section 207A.11 and the school board of a school district has
not already decided to choose nominees for school board by a primary election as provided
in this section, the school board may, by resolution adopted by January 15 of the year
established under section 204D.03, subdivision 1, paragraph (b), decide to choose nominees
for school board by a primary election as provided in this section.
new text end

new text begin (c) new text end 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. 6.

Minnesota Statutes 2016, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the second Tuesday in August
in the year when the school district general election is held. new text begin If a school district primary is
to be held in the year established under section 204D.03, subdivision 1, paragraph (b), the
school district primary must be held on the same day as the presidential nomination primary
as established under section 207A.11. new text end 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. 7.

Minnesota Statutes 2016, 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
new text begin either (1) new text end the second Tuesday in August in the year when the school district general election
is held new text begin , or (2) the date established under section 207A.11, if the school district general
election is to be held in the year established under section 204D.03, subdivision 1, paragraph
(b) new text end . 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. 8.

Minnesota Statutes 2016, 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 August, new text begin the date established under section 207A.11, 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. 9.

Minnesota Statutes 2016, 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 May 1 of the year when
the rotation will be made as the basis for determining the rotation of names. new text begin For years when
the state primary is held on the same day as the presidential nomination primary, the rotation
of candidate names must use the number of registered voters in each precinct as of 8:00
a.m. on January 15 of the year established under section 204D.03, subdivision 1, paragraph
(b).
new text end

Sec. 10.

Minnesota Statutes 2016, 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 before January 15 in a year when the state primary is to be held on the same
day as the presidential nomination primary 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.