Minnesota Legislature
HF 591
as introduced - 88th Legislature (2013 - 2014) Posted on 04/17/2013 10:16am
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23 4.24 4.25 4.26
4.27 4.28 4.29 4.30 4.31
5.1 5.2 5.3
5.4 5.5 5.6
A bill for an act
relating to elections; modifying procedures related to vacancies in nomination
for partisan office; appropriating money; amending Minnesota Statutes 2012,
sections 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204D.19, by
adding a subdivision; repealing Minnesota Statutes 2012, sections 204B.12,
subdivision 2a; 204B.13, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Death or withdrawaldeleted text end new text begin Partisan officenew text end .
new text begin (a) new text end A vacancy in nomination
deleted text begin maydeleted text end new text begin for a partisan office mustnew text end be filled in the manner provided by this section. A vacancy
in nomination existsnew text begin for a partisan officenew text end whendeleted text begin : (1)deleted text end a major political party candidate
deleted text begin or nonpartisan candidate who was nominated at a primary dies or files an affidavit of
withdrawal as provided in section 204B.12, subdivision 2a; or(2) a candidate for a
nonpartisan office, for which one or two candidates filed,deleted text end new text begin who has been nominated in
accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
new text end
new text begin
(1) dies;
new text end
new text begin (2)new text end withdraws as provided in section 204B.12, subdivision 1deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
least one day prior to the general election with the same official who received the affidavit
of candidacy.
new text end
new text begin
(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at
least two licensed physicians. The affidavit and certificate may be filed by the candidate
or the candidate's legal guardian.
new text end
Sec. 2.
Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:
Subd. 2.
Partisan office; nomination by partynew text begin ; special electionnew text end .
(a) deleted text begin A vacancy in
nomination for partisan office shall be filled as provided in this subdivision.deleted text end new text begin Except as
provided in subdivision 5,new text end a major political party deleted text begin has the authority todeleted text end new text begin maynew text end fill a vacancy
in nomination of that party's candidatenew text begin as defined in subdivision 1, clause (1) or (3)new text end by
filing deleted text begin adeleted text end new text begin onenew text end nomination certificate with the same official who received the affidavits of
candidacy for that office.
deleted text begin (b)deleted text end A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill deleted text begin vacanciesdeleted text end new text begin a vacancynew text end in nomination for deleted text begin all
offices elected statewidedeleted text end new text begin any federal or state partisan officenew text end . The nomination certificate
shall be prepared under the direction of and executed by the chair and secretary of the
political party and filed within deleted text begin seven days after the vacancy in nomination occurs or
before the 14th day before the general election, whichever is sooner. If the vacancy in
nomination occurs through the candidate's death or catastrophic illness, the nomination
certificate must be filed within seven days after the vacancy in nomination occurs but no
later than four days before the general electiondeleted text end new text begin the timelines established in this sectionnew text end .
new text begin When filing the certificatenew text end the chair and secretary deleted text begin when filing the certificatedeleted text end shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.
new text begin
(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.
new text end
new text begin
(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
a partisan office that occurs after the 79th day before the general election, the general
election ballot shall remain unchanged, but the county and state canvassing boards must
not certify the vote totals for that office from the general election, and the office must be
filled at a special election held in accordance with this section. Except for the vacancy
in nomination, all other candidates whose names appeared on the general election ballot
for the office must appear on the special election ballot for the office. New affidavits of
candidacy or nominating petitions may not be accepted, and there must not be a primary to
fill the vacancy in nomination. The major political party may file a nomination certificate
as provided in paragraph (a), no later than seven days after the general election. On the
date of the general election, the county auditor or municipal clerk shall post a notice in
each precinct affected by a vacancy in nomination under this paragraph, informing voters
of the reason for the vacancy in nomination and the procedures for filling the vacancy in
nomination and conducting a special election as required by this section.
new text end
Sec. 3.
Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Partisan office; filing period. new text end
new text begin
A vacancy in nomination for a partisan
office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
that all documents and fees required by those sections must be filed within five days
after the vacancy in nomination occurs. There must be a two-day period for withdrawal
of candidates after the last day for filing.
new text end
new text begin
If there is more than one candidate at the end of the withdrawal period to fill
the vacancy in nomination, the candidates' names must appear on the primary ballot.
Otherwise, the candidate's name must appear on the general election ballot.
new text end
Sec. 4.
Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:
Subd. 5.
Candidates for governor and lieutenant governor.
(a) If a vacancy in
nominationnew text begin for a major political partynew text end occurs in the race for governor,new text begin the political party
must nominate the candidates for both governor and lieutenant governor. If a vacancy
in nomination for a major political party occurs in the race for lieutenant governor,
new text end the candidate for governor deleted text begin determined under this sectiondeleted text end shall select the candidate for
lieutenant governor. deleted text begin If a vacancy in nomination occurs in the race for lieutenant governor,
due to a vacancy in nomination for governor or due to the withdrawal or death of the
candidate for lieutenant governor, the candidate for governor shall select the candidate for
lieutenant governor as provided in this subdivision.
deleted text end
(b) For a vacancy in nominationnew text begin for lieutenant governornew text end that occursnew text begin on ornew text end before the
deleted text begin 16thdeleted text end new text begin 79thnew text end day before the general election, the name of the lieutenant governor candidate
must be submitted by the governor candidate to the filing officer deleted text begin within seven days after
the vacancy occurs, or before the 14th day before the general election, whichever is sooner
deleted text end new text begin no later than 71 days before the general electionnew text end . If the vacancy in nomination deleted text begin occurs
through the death or catastrophic illness of the candidatedeleted text end for lieutenant governornew text begin occurs
after the 79th day before the general electionnew text end , the candidate for governor shall submit the
name of the new lieutenant governor candidate to the secretary of state within seven days
after the vacancy in nomination deleted text begin occurs but no later than four days before the general
election. If the vacancy in nomination occurs through the death or catastrophic illness
of the candidate for governor, the new candidate for governor shall submit the name of
the lieutenant governor candidate within seven days after the vacancy in nomination for
governor is filled under section 204B.13, subdivision 2, but no later than four days before
the general election.deleted text end new text begin occurs, but no changes may be made to the general election ballots.
new text end
Sec. 5.
Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Date of special election. new text end
new text begin
If a special election is required under this section,
the governor shall issue a writ calling for a special election to be conducted on the second
Tuesday in February of the year following the year the vacancy in nomination occurred.
Except where otherwise provided in this section, the writ shall be issued and the special
election conducted according to the requirements of sections 204D.22 to 204D.27.
new text end
Sec. 6.
Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Absentee voters. new text end
new text begin
At least 46 days, but no more than 50 days, before a
special election conducted under this section, the county auditor shall transmit an absentee
ballot for the special election to each applicant for an absentee ballot whose application
for an absentee ballot for the preceding general election was recorded under section
203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
in the manner specified in chapter 203B.
new text end
Sec. 7.
Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Appropriation. new text end
new text begin
In the case of a statewide special election under this
section, the amount necessary is appropriated to the secretary of state to cover costs
incurred by the state, county, and municipal governments to conduct the special election.
new text end
Sec. 8.
Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Writ when vacancy results from vacancy in nomination. new text end
new text begin
If a vacancy in
office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
writ in the manner provided in that section.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
subdivision 6,
new text end
new text begin
are repealed.
new text end
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 are effective the day following final enactment and apply to vacancies
in nomination occurring on or after that date.
new text end