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HF 561

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/07/2011 03:07pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to elections; changing certain recount requirements and procedures;
amending Minnesota Statutes 2010, sections 204C.35, subdivision 1, by adding a
subdivision; 204C.36, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 204C.35, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Automaticdeleted text end new text begin Publicly funded new text end recounts.

(a) In a state primary when
the difference between the votes cast for the candidates for nomination tonew text begin :
new text end

new text begin (1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that nomination or is ten votes or less and the total number of votes cast
for the nomination is 400 votes or less; or
 new text end

new text begin (2)new text end a statewide federal office, state constitutional office, statewide judicial office,
congressional office, deleted text begin state legislative office,deleted text end or district judicial officedeleted text begin :
deleted text end

deleted text begin (1)deleted text end is less than deleted text begin one-halfdeleted text end new text begin the smaller of 3,000 votes or one-quarternew text end of one percent of
the total number of votes counted for that nominationdeleted text begin ;deleted text end or

deleted text begin (2)deleted text end is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;

and the difference determines the nomination, the canvassing board with responsibility
for declaring the results for that office shall manually recount the votenew text begin upon receiving a
written request from the candidate whose nomination is in questionnew text end .

new text begin Immediately following the meeting of the board that has responsibility for
canvassing the results of the nomination, the filing officer must notify the candidate that
the candidate has the option to request a recount of the votes at no cost to the candidate.
This written request must be received by the filing officer no later than 48 hours after the
canvass of the primary for which the recount is being sought.
 new text end

(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected tonew text begin :
new text end

new text begin (1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that office or is ten votes or less and the total number of votes cast for
the office is 400 votes or less; or
 new text end

new text begin (2)new text end a statewide federal office, state constitutional office, statewide judicial office,
congressional office, deleted text begin state legislative office,deleted text end or district judicial office and the votes of
any other candidate for that officedeleted text begin :
deleted text end

deleted text begin (1)deleted text end is less than deleted text begin one-halfdeleted text end new text begin the smaller of 3,000 votes or one-quarternew text end of one percent of
the total number of votes counted for that officedeleted text begin ;deleted text end or

deleted text begin (2)deleted text end is ten votes or less if the total number of votes cast for the office is 400 votes or
less,

the canvassing board shall manually recount the votesnew text begin upon receiving a written request
from the candidate whose election is in questionnew text end .

new text begin Immediately following the meeting of the board that has responsibility for
canvassing the results of the general election, the filing officer must notify the candidate
that the candidate has the option to request a recount of the votes at no cost to the
candidate. This written request must be received by the filing officer no later than 48 hours
after the canvass of the election for which the recount is being sought.
 new text end

(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this
section shall begin to run upon certification of the results of the recount by the canvassing
board.

deleted text begin (e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.
 deleted text end

Sec. 2.

Minnesota Statutes 2010, section 204C.35, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Filing officer. new text end

new text begin For the purposes of this section, the secretary of state is
the filing officer for candidates for all federal offices and for state offices voted on in
more than one county. The county auditor is the filing officer for state offices voted on
in only one county.
 new text end

Sec. 3.

Minnesota Statutes 2010, section 204C.36, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Requireddeleted text end new text begin Publicly funded new text end recounts.

(a) Except as provided in
deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , a losing candidate for nomination or election to a
county, municipal, or school district office may request a recount of the votes cast for
the nomination or election to that office if the difference between the vote cast for that
candidate and for a winning candidate for nomination or election is less than deleted text begin one-halfdeleted text end new text begin
one-quarternew text end of one percent of the total votes counted for that office. In case of offices
where two or more seats are being filled from among all the candidates for the office, the
deleted text begin one-halfdeleted text end new text begin one-quarternew text end of one percent difference is between the elected candidate with
the fewest votes and the candidate with the most votes from among the candidates who
were not elected.

new text begin (b) A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the votes cast for that candidate and for a winning
candidate for nomination or election is less than one-half of one percent, and the total
number of votes cast for the nomination or election of all candidates is more than 400
but less than 50,000. In cases of offices where two or more seats are being filled from
among all the candidates for the office, the one-half of one percent difference is between
the elected candidate with the fewest votes and the candidate with the most votes from
among the candidates who were not elected.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end A losing candidate for nomination or election to a county, municipal, or
school district office may request a recount of the votes cast for nomination or election
to that office if the difference between the vote cast for that candidate and for a winning
candidate for nomination or election is ten votes or less, and the total number of votes cast
for the nomination or election of all candidates is no more than 400. In cases of offices
where two or more seats are being filled from among all the candidates for the office,
the ten vote difference is between the elected candidate with the fewest votes and the
candidate with the most votes from among the candidates who were not elected.

deleted text begin (c)deleted text end new text begin (d)new text end Candidates for county offices shall file a written request for the recount
with the county auditor. Candidates for municipal or school district offices shall file
a written request with the municipal or school district clerk as appropriate. All requests
shall be filed during the time for notice of contest of the primary or election for which a
recount is sought.

deleted text begin (d)deleted text end new text begin (e)new text end Upon receipt of a request made pursuant to this section, the county auditor
shall recount the votes for a county office at the expense of the county, the governing
body of the municipality shall recount the votes for a municipal office at the expense of
the municipality, and the school board of the school district shall recount the votes for a
school district office at the expense of the school district.