SF 60

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to elections; defining certain terms; 
  1.3             changing the name of the state partisan primary to the 
  1.4             state party nominating election; moving the state 
  1.5             party nominating election and primary from September 
  1.6             to June; changing certain procedures, terms, and 
  1.7             deadlines; amending Minnesota Statutes 1998, sections 
  1.8             10A.255, subdivisions 1 and 3; 10A.31, subdivision 6; 
  1.9             10A.321; 10A.322, subdivision 1; 10A.323; 200.02, by 
  1.10            adding a subdivision; 202A.14; 202A.19; 204B.09, 
  1.11            subdivision 1; 204B.12, subdivision 1; 204B.33; 
  1.12            204D.03, subdivision 1; 204D.08, subdivision 4; 
  1.13            205.065, subdivision 1; and 205A.03, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 10A.255, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
  1.18  provided in section 10A.25, subdivision 2, must be adjusted for 
  1.19  general election years as provided in this section.  By June 1 
  1.20  of the general election year, The executive director of the 
  1.21  board shall determine the percentage increase in the consumer 
  1.22  price index from December of the year preceding the last general 
  1.23  election year to December of the year preceding the year in 
  1.24  which the determination is made.  The dollar amounts used for 
  1.25  the preceding general election year must be multiplied by that 
  1.26  percentage.  The product of the calculation must be added to 
  1.27  each dollar amount to produce the dollar limitations to be in 
  1.28  effect for the next general election.  The product must be 
  1.29  rounded up to the next highest whole dollar.  The index used 
  2.1   must be the revised consumer price index for all urban consumers 
  2.2   for the St. Paul-Minneapolis metropolitan area prepared by the 
  2.3   United States Department of Labor with 1982 as a base year. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 10A.255, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By June March 
  2.7   15 of each election year the board shall publish in the State 
  2.8   Register the expenditure limit for each office for that calendar 
  2.9   year under section 10A.25 as adjusted by this section. 
  2.10     Sec. 3.  Minnesota Statutes 1998, section 10A.31, 
  2.11  subdivision 6, is amended to read: 
  2.12     Subd. 6.  [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 
  2.13  board has obtained from the secretary of state the results of 
  2.14  the primary state party nominating election, but in any event no 
  2.15  later than one week after certification by the state canvassing 
  2.16  board of the results of the primary that election, the board 
  2.17  shall distribute the available funds in each party account, as 
  2.18  certified by the commissioner of revenue on September 1 one week 
  2.19  before the state party nominating election, to the candidates of 
  2.20  that party who have signed the agreement as provided in section 
  2.21  10A.322 and filed the affidavit required by section 10A.323, and 
  2.22  whose names are to appear on the ballot in the general election, 
  2.23  according to the allocations set forth in subdivision 5.  If a 
  2.24  candidate files the affidavit required by section 10A.323 after 
  2.25  September 1 of the general election year later than one week 
  2.26  before the state party nominating election, the board shall pay 
  2.27  the candidate's allocation to the candidate at the next regular 
  2.28  payment date for public subsidies for that election cycle that 
  2.29  occurs at least 15 days after the candidate files the affidavit. 
  2.30     Sec. 4.  Minnesota Statutes 1998, section 10A.321, is 
  2.31  amended to read: 
  2.32     10A.321 [ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.] 
  2.33     Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
  2.34  ESTIMATES.] The commissioner of revenue shall calculate and 
  2.35  certify to the board one week before July 1 the first day for 
  2.36  filing for office in an election year an estimate of the total 
  3.1   amount in the state general account of the state elections 
  3.2   campaign fund and the amount of money each candidate who 
  3.3   qualifies, as provided in section 10A.31, subdivisions 6 and 7, 
  3.4   may receive from the candidate's party account in the state 
  3.5   elections campaign fund.  This estimate must be based upon the 
  3.6   allocations and formulas in section 10A.31, subdivision 5, any 
  3.7   necessary vote totals provided by the secretary of state to 
  3.8   apply the formulas in section 10A.31, subdivision 5, and the 
  3.9   amount of money expected to be available after 100 percent of 
  3.10  the tax returns have been processed.  
  3.11     Subd. 2.  [PUBLICATION, CERTIFICATION, AND NOTIFICATION 
  3.12  PROCEDURES.] Before the first day of filing for office, the 
  3.13  board shall publish and forward to all filing officers the 
  3.14  estimates calculated and certified under subdivision 1 along 
  3.15  with a copy of section 10A.25, subdivision 10.  Within seven 
  3.16  days one week after the last day for filing for office, the 
  3.17  secretary of state shall certify to the board the name, address, 
  3.18  office sought, and party affiliation of each candidate who has 
  3.19  filed with that office an affidavit of candidacy or petition to 
  3.20  appear on the ballot.  The auditor of each county shall certify 
  3.21  to the board the same information for each candidate who has 
  3.22  filed with that county an affidavit of candidacy or petition to 
  3.23  appear on the ballot.  Within seven days afterward two weeks 
  3.24  after the last day for filing for office, the board shall 
  3.25  estimate the minimum amount to be received by each candidate who 
  3.26  qualifies, as provided in section 10A.31, subdivisions 6 and 7.  
  3.27  By August 15 the board shall, and notify all candidates of their 
  3.28  minimum amount.  The board shall include with the notice a form 
  3.29  for the agreement provided in section 10A.322 along with a copy 
  3.30  of section 10A.25, subdivision 10. 
  3.31     Sec. 5.  Minnesota Statutes 1998, section 10A.322, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  3.34  condition of receiving a public subsidy, a candidate shall sign 
  3.35  and file with the board a written agreement in which the 
  3.36  candidate agrees that the candidate will comply with sections 
  4.1   10A.25 and 10A.324. 
  4.2      (b) Before the first day of filing for office, the board 
  4.3   shall forward agreement forms to all filing officers.  The board 
  4.4   shall also provide agreement forms to candidates on request at 
  4.5   any time.  The candidate may sign an agreement and submit it to 
  4.6   the filing officer on the day of filing an affidavit of 
  4.7   candidacy or petition to appear on the ballot, in which case the 
  4.8   filing officer shall without delay forward signed agreements to 
  4.9   the board.  Alternatively, the candidate may submit the 
  4.10  agreement directly to the board at any time that is at least one 
  4.11  week before September 1 preceding the general the candidate's 
  4.12  state party nominating election.  An agreement may not be filed 
  4.13  after that date.  An agreement once filed may not be rescinded. 
  4.14     (c) The board shall forward a copy of any agreement signed 
  4.15  under this subdivision to the commissioner of revenue.  
  4.16     (d) Notwithstanding any provisions of this section, when a 
  4.17  vacancy occurs that will be filled by means of a special 
  4.18  election and the filing period does not coincide with the filing 
  4.19  period for the general election, a candidate may sign and submit 
  4.20  a spending limit agreement at any time before the deadline for 
  4.21  submission of a signed agreement under section 10A.315. 
  4.22     Sec. 6.  Minnesota Statutes 1998, section 10A.323, is 
  4.23  amended to read: 
  4.24     10A.323 [MATCHING REQUIREMENTS.] 
  4.25     In addition to the requirements of section 10A.322, to be 
  4.26  eligible to receive a public subsidy under section 10A.31 a 
  4.27  candidate or the candidate's treasurer shall file an affidavit 
  4.28  with the board stating that during that calendar year the 
  4.29  candidate has accumulated contributions from persons eligible to 
  4.30  vote in this state in the amount indicated for the office 
  4.31  sought, counting only the first $50 received from each 
  4.32  contributor: 
  4.33     (1) candidates for governor and lieutenant governor running 
  4.34  together, $35,000; 
  4.35     (2) candidates for attorney general, $15,000; 
  4.36     (3) candidates for secretary of state, state treasurer, and 
  5.1   state auditor, separately, $6,000; 
  5.2      (4) candidates for the senate, $3,000; and 
  5.3      (5) candidates for the house of representatives, $1,500. 
  5.4      The affidavit must state the total amount of contributions 
  5.5   that have been received from persons eligible to vote in this 
  5.6   state and the total amount of those contributions received, 
  5.7   disregarding the portion of any contribution in excess of $50.  
  5.8      The candidate or the candidate's treasurer shall submit the 
  5.9   affidavit required by this section to the board in writing by 
  5.10  September 1 of the general election year no later than one week 
  5.11  before the state party nominating election to receive the 
  5.12  payment based on the results of the primary that election, by 
  5.13  September 15 to receive the payment made October 1, by October 1 
  5.14  to receive the payment made October 15, by November 1 to receive 
  5.15  the payment made November 15 following the general election, and 
  5.16  by December 1 to receive the payment made December 15. 
  5.17     Sec. 7.  Minnesota Statutes 1998, section 200.02, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 23.  [CONSTITUTIONAL OFFICE.] "Constitutional office" 
  5.20  means the offices of governor, lieutenant governor, secretary of 
  5.21  state, state auditor, state treasurer, and attorney general. 
  5.22     Sec. 8.  Minnesota Statutes 1998, section 202A.14, is 
  5.23  amended to read: 
  5.24     202A.14 [CONVENTION OR PRECINCT CAUCUS.] 
  5.25     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  5.26  At 7:00 p.m. On any day from the first Tuesday in March to the 
  5.27  end of March in every state general election year there, each 
  5.28  major political party shall be held hold a senate district 
  5.29  convention or county convention or a party caucus for every 
  5.30  election precinct a party caucus in the manner provided in 
  5.31  sections 202A.14 to 202A.19, except that.  The county or 
  5.32  legislative district executive committee shall determine whether 
  5.33  the party's first level of organization in a given year is to be 
  5.34  the senate district or county convention or the precinct 
  5.35  caucus.  In the event of severe weather a major political party 
  5.36  may request the secretary of state to postpone conventions or 
  6.1   caucuses.  If a major political party makes a request, or upon 
  6.2   the secretary of state's own initiative, after consultation with 
  6.3   all major political parties and on the advice of the federal 
  6.4   weather bureau and the department of transportation, the 
  6.5   secretary of state may declare conventions or precinct caucuses 
  6.6   to be postponed for a week in counties where weather makes 
  6.7   travel especially dangerous.  The secretary of state shall 
  6.8   submit a notice of the postponement to news media covering the 
  6.9   affected counties by 6:00 p.m. on the scheduled day of 
  6.10  the convention or caucus.  A postponed convention or caucus may 
  6.11  also be postponed pursuant to this subdivision. 
  6.12     Subd. 2.  [CONVENTION OR CAUCUS CALL.] The chair of the 
  6.13  county or legislative district executive committee, whichever is 
  6.14  provided for by party rules, shall issue the call for 
  6.15  the convention or precinct caucus at least 20 days before the 
  6.16  time set for holding the convention or caucus, and the call 
  6.17  shall contain the following: 
  6.18     (a) Name of party; 
  6.19     (b) Name of county or senate district number or precinct 
  6.20  number; 
  6.21     (c) Date convention or caucus is to be held; 
  6.22     (d) Place convention or caucus is to be held; 
  6.23     (e) Hours during which the convention or caucus shall be 
  6.24  held; 
  6.25     (f) Statutory rules governing the convention or caucus; 
  6.26     (g) A statement of business to be conducted including the 
  6.27  election of a chair and such other officers as may be provided 
  6.28  by party rules, and the election of delegates to county or 
  6.29  district the next level of conventions; 
  6.30     (h) Number of delegates to be elected; 
  6.31     (i) Name of the county or legislative district chair 
  6.32  issuing the call; 
  6.33     (j) For a caucus, name of the present precinct chair or 
  6.34  other person who will be the convener of the caucus; 
  6.35     (k) A space for entering the names of the officers and 
  6.36  delegates elected by the convention or caucus.  
  7.1      Subd. 3.  [NOTICE.] The county or legislative district 
  7.2   chair shall give at least six days' published notice of the 
  7.3   holding of the precinct convention or caucus, stating the place, 
  7.4   date, and time for holding the convention or caucus, and shall 
  7.5   deliver the same information to the county auditor at least 20 
  7.6   days before the precinct convention or caucus.  The county 
  7.7   auditor shall make this information available to persons who 
  7.8   request it.  
  7.9      Sec. 9.  Minnesota Statutes 1998, section 202A.19, is 
  7.10  amended to read: 
  7.11     202A.19 [CONVENTION OR CAUCUS, SCHOOL SCHEDULE PREEMPTION, 
  7.12  EXCUSAL FROM EMPLOYMENT TO ATTEND.] 
  7.13     Subdivision 1.  No school board, county board of 
  7.14  commissioners, township board, or city council may conduct a 
  7.15  meeting after 6:00 p.m. on the day of a major political party 
  7.16  precinct caucus. 
  7.17     Subd. 2.  Every employee who is entitled to attend a major 
  7.18  political party precinct caucus, or senate district or county 
  7.19  convention, if the party has selected those conventions as its 
  7.20  first level of organization, is entitled, after giving the 
  7.21  employer at least ten days' written notice, to be absent from 
  7.22  work for the purpose of attending the convention or caucus 
  7.23  during the time for which the caucus it is scheduled without 
  7.24  penalty or deduction from salary or wages on account of the 
  7.25  absence other than a deduction in salary for the time of absence 
  7.26  from employment. 
  7.27     Subd. 3.  The University of Minnesota may not schedule an 
  7.28  event which will take place after 6:00 p.m. on the day of a 
  7.29  major political party precinct caucus unless permission to do so 
  7.30  has been received from the board of regents.  No Minnesota state 
  7.31  college or university may schedule an event which will take 
  7.32  place after 6:00 p.m. on the day of a major political party 
  7.33  precinct caucus unless permission to do so has been received 
  7.34  from the board of trustees of the Minnesota state colleges and 
  7.35  universities.  
  7.36     Subd. 4.  No school official may deny the use of a public 
  8.1   school building for the holding of a major political party 
  8.2   precinct caucus, or senate district or county convention, if the 
  8.3   party has selected those conventions as its first level of 
  8.4   organization, if the school office has received a written 
  8.5   request for the use of the school building 30 days or more prior 
  8.6   to the date of the caucus or convention. 
  8.7      Subd. 5.  No public elementary or secondary school may hold 
  8.8   a school sponsored event after 6:00 p.m. on the day of a major 
  8.9   political party precinct caucus. 
  8.10     Subd. 6.  No state agency, board, commission, department or 
  8.11  committee shall conduct a public meeting after 6:00 p.m. on the 
  8.12  day of a major political party precinct caucus. 
  8.13     Sec. 10.  Minnesota Statutes 1998, section 204B.09, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  8.16  ELECTIONS.] Except as otherwise provided by this subdivision, 
  8.17  affidavits of candidacy and nominating petitions for county, 
  8.18  state and federal offices filled at the state general 
  8.19  election and affidavits of candidacy for all county offices 
  8.20  shall be filed not more than 70 days ten weeks nor less than 56 
  8.21  days eight weeks before the state primary.  A candidate not 
  8.22  seeking the nomination of a major political party shall file a 
  8.23  nominating petition for a state or federal office with the 
  8.24  affidavit of candidacy not more than ten weeks nor less than 
  8.25  eight weeks before the state general election.  The affidavit 
  8.26  may be prepared and signed at any time between 60 days before 
  8.27  the filing period opens and the last day of the filing period.  
  8.28  Notwithstanding other law to the contrary, the affidavit of 
  8.29  candidacy must be signed in the presence of a notarial officer.  
  8.30  Candidates for presidential electors may file petitions on or 
  8.31  before the state primary day not more than ten weeks nor less 
  8.32  than eight weeks before the state general election.  Nominating 
  8.33  petitions to fill vacancies in nominations shall be filed as 
  8.34  provided in section 204B.13.  No affidavit or petition shall be 
  8.35  accepted later than 5:00 p.m. on the last day for filing.  
  8.36  Affidavits and petitions for offices to be voted on in only one 
  9.1   county shall be filed with the county auditor of that county.  
  9.2   Affidavits and petitions for offices to be voted on in more than 
  9.3   one county shall be filed with the secretary of state. 
  9.4      Sec. 11.  Minnesota Statutes 1998, section 204B.12, 
  9.5   subdivision 1, is amended to read: 
  9.6      Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
  9.7   from the primary ballot by filing an affidavit of withdrawal 
  9.8   with the same official who received the affidavit of candidacy.  
  9.9   The affidavit shall request that official to withdraw the 
  9.10  candidate's name from the ballot and shall be filed no later 
  9.11  than three days 5:00 p.m. on the day after the last day for 
  9.12  filing for the office.  
  9.13     Sec. 12.  Minnesota Statutes 1998, section 204B.33, is 
  9.14  amended to read: 
  9.15     204B.33 [NOTICE OF FILING.] 
  9.16     (a) Between June 1 and July 1 in each even numbered year No 
  9.17  later than 15 weeks before the state party nominating election, 
  9.18  the secretary of state shall notify each county auditor of the 
  9.19  offices to be voted for in that county at the next state general 
  9.20  election for which candidates file with the secretary of state.  
  9.21  The notice shall include the time and place of filing for those 
  9.22  offices.  Within ten days after notification by the secretary of 
  9.23  state, each county auditor shall notify each municipal clerk in 
  9.24  the county of all the offices to be voted for in the county at 
  9.25  that election and the time and place for filing for those 
  9.26  offices.  The county auditors and municipal clerks shall 
  9.27  promptly post a copy of that notice in their offices. 
  9.28     (b) At least two weeks before the first day to file an 
  9.29  affidavit of candidacy, the county auditor shall publish a 
  9.30  notice stating the first and last dates on which affidavits of 
  9.31  candidacy may be filed in the county auditor's office and the 
  9.32  closing time for filing on the last day for filing.  The county 
  9.33  auditor shall post a similar notice at least ten days before the 
  9.34  first day to file affidavits of candidacy. 
  9.35     Sec. 13.  Minnesota Statutes 1998, section 204D.03, 
  9.36  subdivision 1, is amended to read: 
 10.1      Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
 10.2   PRIMARY.] The state party nominating election and primary shall 
 10.3   be held on the first Tuesday after the second Monday in 
 10.4   September June in each even-numbered year to select the nominees 
 10.5   of the major political parties for partisan offices and the 
 10.6   nominees for nonpartisan offices to be filled at the state 
 10.7   general election, other than presidential electors.  
 10.8      Sec. 14.  Minnesota Statutes 1998, section 204D.08, 
 10.9   subdivision 4, is amended to read: 
 10.10     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
 10.11  BALLOT; PARTY COLUMNS.] The state partisan primary party 
 10.12  nominating election ballot shall be headed by the words 
 10.13  "State Partisan Primary Party Nominating Election Ballot."  The 
 10.14  ballot shall be printed on white paper.  There must be at least 
 10.15  three vertical columns on the ballot and each major political 
 10.16  party shall have a separate column headed by the words 
 10.17  ".......... Party," giving the party name.  Above the party 
 10.18  names, the following statement shall be printed.  
 10.19     "Minnesota Election Law permits you to vote for the 
 10.20  candidates of only one political party in a state partisan 
 10.21  primary party nominating election." 
 10.22     If there are only two major political parties to be listed 
 10.23  on the ballot, one party must occupy the left-hand column, the 
 10.24  other party must occupy the right-hand column, and the center 
 10.25  column must contain the following statement:  
 10.26     "Do not vote for candidates of more than one party."  
 10.27     The names of the candidates seeking the nomination of each 
 10.28  major political party shall be listed in that party's column.  
 10.29  If only one individual files an affidavit of candidacy seeking 
 10.30  the nomination of a major political party for an office, the 
 10.31  name of that individual shall be placed on the state partisan 
 10.32  primary party nominating election ballot at the appropriate 
 10.33  location in that party's column.  
 10.34     In each column, the candidates for senator in Congress 
 10.35  shall be listed first, candidates for representative in Congress 
 10.36  second, candidates for state senator third, candidates for state 
 11.1   representative fourth and then candidates for state office in 
 11.2   the order specified by the secretary of state.  
 11.3      The party columns shall be substantially the same in width, 
 11.4   type, and appearance.  The columns shall be separated by a 
 11.5   12-point solid line. 
 11.6      Sec. 15.  Minnesota Statutes 1998, section 205.065, 
 11.7   subdivision 1, is amended to read: 
 11.8      Subdivision 1.  [ESTABLISHING PRIMARY.] A municipal primary 
 11.9   for the purpose of nominating elective officers may be held in 
 11.10  any city on the first Tuesday after the second Monday in 
 11.11  September of any an odd-numbered year or on the date of the 
 11.12  state primary.  The primary must be held in the same year in 
 11.13  which a municipal general election is to be held for the purpose 
 11.14  of electing officers. 
 11.15     Sec. 16.  Minnesota Statutes 1998, section 205A.03, 
 11.16  subdivision 2, is amended to read: 
 11.17     Subd. 2.  [DATE.] The school district primary must be held 
 11.18  on the first Tuesday after the second Monday in September of an 
 11.19  odd-numbered year or on the date of the state primary.  The 
 11.20  primary must be held in the year when the school district 
 11.21  general election is held.  The clerk shall give notice of the 
 11.22  primary in the manner provided in section 205A.07. 
 11.23     Sec. 17.  [INSTRUCTION TO REVISOR.] 
 11.24     The revisor of statutes shall change the terms in column A 
 11.25  to the corresponding terms in column B wherever they appear in 
 11.26  Minnesota Statutes or Minnesota Rules. 
 11.27         Column A                       Column B
 11.28    "state primary"              "state party nominating
 11.29                                  election and primary"
 11.30    "state partisan primary"     "state party nominating
 11.31                                  election"