SF 115

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing the name of the state 
  1.3             partisan primary to the state party nominating 
  1.4             election; requiring candidates to demonstrate party 
  1.5             support before being listed on the party's primary 
  1.6             ballot; moving the state party nominating election and 
  1.7             primary from September to June; amending Minnesota 
  1.8             Statutes 1994, sections 10A.31, subdivision 6; 
  1.9             10A.322, subdivision 1; 10A.323; 204B.08, subdivisions 
  1.10            1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 
  1.11            2, 3, and 4; 204B.11, subdivision 2; 204B.12, 
  1.12            subdivision 1; 204B.33; 204D.03, subdivision 1; and 
  1.13            204D.08, subdivision 4; proposing coding for new law 
  1.14            in Minnesota Statutes, chapter 204B. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1994, section 10A.31, 
  1.17  subdivision 6, is amended to read: 
  1.18     Subd. 6.  As soon as the board has obtained from the 
  1.19  secretary of state the results of the primary state party 
  1.20  nominating election, but in any event no later than one week 
  1.21  after certification by the state canvassing board of the results 
  1.22  of the primary that election, the board shall distribute the 
  1.23  available funds in each party account, as certified by the 
  1.24  commissioner of revenue on September 1 one week before the state 
  1.25  party nominating election, to the candidates of that party who 
  1.26  have signed the agreement as provided in section 10A.322 and 
  1.27  filed the affidavit required by section 10A.323, and whose names 
  1.28  are to appear on the ballot in the general election, according 
  1.29  to the allocations set forth in subdivision 5.  If a candidate 
  1.30  files the affidavit required by section 10A.323 after September 
  2.1   1 of the general election year later than one week before the 
  2.2   state party nominating election, the board shall pay the 
  2.3   candidate's allocation to the candidate at the next regular 
  2.4   payment date for public subsidies for that election cycle that 
  2.5   occurs at least 15 days after the candidate files the affidavit. 
  2.6      Sec. 2.  Minnesota Statutes 1994, section 10A.322, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  2.9   condition of receiving a public subsidy, a candidate shall sign 
  2.10  and file with the board a written agreement in which the 
  2.11  candidate agrees that the candidate will comply with sections 
  2.12  10A.25 and 10A.324. 
  2.13     (b) Before the first day of filing for office, the board 
  2.14  shall forward agreement forms to all filing officers.  The board 
  2.15  shall also provide agreement forms to candidates on request at 
  2.16  any time.  The candidate may sign an agreement and submit it to 
  2.17  the filing officer on the day of filing an affidavit of 
  2.18  candidacy or petition to appear on the ballot, in which case the 
  2.19  filing officer shall without delay forward signed agreements to 
  2.20  the board.  Alternatively, the candidate may submit the 
  2.21  agreement directly to the board at any time that is at least one 
  2.22  week before September 1 preceding the general the candidate's 
  2.23  state party nominating election.  An agreement may not be filed 
  2.24  after that date.  An agreement once filed may not be rescinded. 
  2.25     (c) The board shall forward a copy of any agreement signed 
  2.26  under this subdivision to the commissioner of revenue.  
  2.27     (d) Notwithstanding any provisions of this section, when a 
  2.28  vacancy occurs that will be filled by means of a special 
  2.29  election and the filing period does not coincide with the filing 
  2.30  period for the general election, a candidate may sign and submit 
  2.31  a spending limit agreement at any time before the deadline for 
  2.32  submission of a signed agreement under section 10A.315. 
  2.33     Sec. 3.  Minnesota Statutes 1994, section 10A.323, is 
  2.34  amended to read: 
  2.35     10A.323 [MATCHING REQUIREMENTS.] 
  2.36     In addition to the requirements of section 10A.322, to be 
  3.1   eligible to receive a public subsidy under section 10A.31 or 
  3.2   10A.312 a candidate or the candidate's treasurer shall file an 
  3.3   affidavit with the board stating that during that calendar year 
  3.4   the candidate has accumulated contributions from persons 
  3.5   eligible to vote in this state in the amount indicated for the 
  3.6   office sought, counting only the first $50 received from each 
  3.7   contributor: 
  3.8      (1) candidates for governor and lieutenant governor running 
  3.9   together, $35,000; 
  3.10     (2) candidates for attorney general, $15,000; 
  3.11     (3) candidates for secretary of state, state treasurer, and 
  3.12  state auditor, separately, $6,000; 
  3.13     (4) candidates for the senate, $3,000; and 
  3.14     (5) candidates for the house of representatives, $1,500. 
  3.15     To be eligible to receive a public matching subsidy under 
  3.16  section 10A.312, the affidavit must state the total amount of 
  3.17  contributions that have been received from persons eligible to 
  3.18  vote in this state and the total amount of those contributions 
  3.19  received, disregarding the portion of any contribution in excess 
  3.20  of $50.  
  3.21     The candidate or the candidate's treasurer shall submit the 
  3.22  affidavit required by this section to the board in writing by 
  3.23  September 1 of the general election year no later than one week 
  3.24  before the state party nominating election to receive the 
  3.25  payment based on the results of the primary election, by 
  3.26  September 15 to receive the payment made October 1, by October 1 
  3.27  to receive the payment made October 15, by November 1 to receive 
  3.28  the payment made November 15 following the general election, and 
  3.29  by December 1 to receive the payment made December 15. 
  3.30     Sec. 4.  [204B.05] [FILING FOR PRIMARY; MAJOR PARTY 
  3.31  CANDIDATES FOR CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICE.] 
  3.32     Subdivision 1.  [NOTICE OF OFFICES TO BE ELECTED.] By 
  3.33  February 15 of every even-numbered year the secretary of state 
  3.34  shall send a notice of the constitutional offices to be elected 
  3.35  at the state general election to the state chair of each major 
  3.36  political party.  
  4.1      Subd. 2.  [CERTIFICATION OF CANDIDATES.] No later than ten 
  4.2   weeks before the state party nominating election, the state 
  4.3   chair of each major political party shall certify to the 
  4.4   secretary of state the names of every person who received at 
  4.5   least 20 percent of the votes on any ballot at the appropriate 
  4.6   party endorsing convention for a constitutional office according 
  4.7   to the party rules.  Candidates who receive the endorsement of 
  4.8   the party must be designated as such on the certification.  
  4.9      Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  4.10  candidates must include the name of the candidate as it is to 
  4.11  appear on the ballot and the name of the office sought.  The 
  4.12  certification shall also include a statement that each candidate 
  4.13  meets the qualifications for the office sought.  The 
  4.14  certification must be prepared by the party chair in the manner 
  4.15  provided by the secretary of state.  
  4.16     Subd. 4.  [ELIGIBILITY OF CANDIDATES.] No candidate shall 
  4.17  be certified by a major political party who does not meet the 
  4.18  constitutional and statutory requirements for the office sought. 
  4.19     Subd. 5.  [FILING BY PETITION.] Any eligible voter whose 
  4.20  name is not certified by a major political party as provided in 
  4.21  this section may obtain access to the state party nomination 
  4.22  ballot for a constitutional office by filing an affidavit of 
  4.23  candidacy and a petition.  
  4.24     The petition must include the signatures of at least one 
  4.25  percent of the number of persons voting for the nomination of 
  4.26  the office sought at the last state party nominating election.  
  4.27  For offices voted on statewide, the minimum number of signatures 
  4.28  required must be calculated separately for each congressional 
  4.29  district.  By February 15 of each even-numbered year, the 
  4.30  secretary of state shall determine the minimum number of 
  4.31  signatures and the minimum distribution of signatures by 
  4.32  congressional district required for persons submitting petitions 
  4.33  as provided in this subdivision.  
  4.34     Subd. 6.  [FORM OF PETITION.] The petition required by 
  4.35  subdivision 5 must include the following information:  
  4.36  candidate's name, candidate's address, party name, and office 
  5.1   sought.  The petition must include the following oath or 
  5.2   affirmation of the signers:  "I solemnly swear (or affirm) that 
  5.3   I know the contents and purpose of this petition, that I either 
  5.4   participated in the most recent precinct caucus for the party 
  5.5   listed on the petition or intend to vote for a majority of that 
  5.6   party's candidates at the next state general election, and that 
  5.7   I signed this petition of my own free will."  An individual who, 
  5.8   in signing a petition, makes a false oath is guilty of perjury.  
  5.9      Petitions submitted under this subdivision must be in the 
  5.10  form specified by the secretary of state, who shall prepare 
  5.11  samples of the form.  
  5.12     Subd. 7.  [CANDIDATES WITHOUT PARTY CERTIFICATION OR 
  5.13  PETITION.] A candidate who seeks the nomination of a major 
  5.14  political party for a constitutional office without party 
  5.15  certification under subdivision 2 or a party petition under 
  5.16  subdivisions 5 and 6 must not be given a place on that party's 
  5.17  ballot. 
  5.18     Sec. 5.  Minnesota Statutes 1994, section 204B.08, 
  5.19  subdivision 1, is amended to read: 
  5.20     Subdivision 1.  [TIME FOR SIGNING.] Nominating Petitions 
  5.21  shall be signed during the period when petitions may be filed as 
  5.22  provided in section 204B.09.  
  5.23     Sec. 6.  Minnesota Statutes 1994, section 204B.08, 
  5.24  subdivision 2, is amended to read: 
  5.25     Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
  5.26  petition may be signed only by individuals who are eligible to 
  5.27  vote for the candidate who is nominated named on the petition.  
  5.28  No individual may sign more than one nominating petition for 
  5.29  candidates for the same office unless more than one candidate is 
  5.30  to be elected to that office.  If more than one candidate is to 
  5.31  be elected to the office, an individual may sign as many 
  5.32  petitions as there are candidates to be elected.  
  5.33     Sec. 7.  Minnesota Statutes 1994, section 204B.09, 
  5.34  subdivision 1, is amended to read: 
  5.35     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  5.36  ELECTIONS.] Except as otherwise provided by this subdivision, 
  6.1   affidavits of candidacy and nominating petitions for county, 
  6.2   state and federal offices filled at the state general election 
  6.3   shall be filed not more than 70 days ten weeks nor less than 56 
  6.4   days eight weeks before the state primary party nominating 
  6.5   election.  The affidavit may be prepared and signed at any time 
  6.6   between 60 days before the filing period opens and the last day 
  6.7   of the filing period.  Notwithstanding other law to the 
  6.8   contrary, the affidavit of candidacy must be signed in the 
  6.9   presence of a notarial officer. 
  6.10     The petitions authorized by section 204B.05 may be signed 
  6.11  no earlier than 18 weeks before the state party nominating 
  6.12  election and must be filed with the secretary of state no later 
  6.13  than eight weeks before the state party nominating election.  
  6.14  Candidates for presidential electors may file petitions on or 
  6.15  before the state primary day.  Nominating petitions to fill 
  6.16  vacancies in nominations shall be filed as provided in section 
  6.17  204B.13.  No affidavit or petition shall be accepted later than 
  6.18  5:00 p.m. on the last day for filing.  Affidavits and petitions 
  6.19  for offices to be voted on in only one county shall be filed 
  6.20  with the county auditor of that county.  Affidavits and 
  6.21  petitions for offices to be voted on in more than one county 
  6.22  shall be filed with the secretary of state. 
  6.23     Sec. 8.  Minnesota Statutes 1994, section 204B.10, 
  6.24  subdivision 2, is amended to read: 
  6.25     Subd. 2.  [NOMINATING PETITIONS; ACKNOWLEDGMENT; 
  6.26  NUMBERING.] On the day a nominating petition is filed, the 
  6.27  election official shall deliver or mail an acknowledgment of the 
  6.28  petition to the individual who files it and to the candidate who 
  6.29  is to be nominated.  The election official shall also number the 
  6.30  petitions in the order received.  The petitions shall be 
  6.31  retained as provided in section 204B.40, and shall be available 
  6.32  for public inspection during that period.  
  6.33     Sec. 9.  Minnesota Statutes 1994, section 204B.10, 
  6.34  subdivision 3, is amended to read: 
  6.35     Subd. 3.  [INSPECTION.] The official with whom nominating 
  6.36  petitions are filed shall inspect the petitions in the order 
  7.1   filed to verify that there are a sufficient number of signatures 
  7.2   of individuals whose residence address as shown on the petition 
  7.3   is in the district where the candidate is to be nominated.  
  7.4      Sec. 10.  Minnesota Statutes 1994, section 204B.10, 
  7.5   subdivision 4, is amended to read: 
  7.6      Subd. 4.  [CERTIFICATION.] The secretary of state shall 
  7.7   certify to the county auditor of each county the names of all 
  7.8   candidates nominated by petitions filed with the secretary of 
  7.9   state.  Certification of candidates filing petitions as provided 
  7.10  in section 204B.05 shall be made at the same time that the 
  7.11  secretary of state certifies candidates for the state party 
  7.12  nominating election.  Certification of candidates nominated by 
  7.13  petition shall be made at the same time as the secretary of 
  7.14  state certifies the names of candidates who are nominated at the 
  7.15  primary.  
  7.16     Sec. 11.  Minnesota Statutes 1994, section 204B.11, 
  7.17  subdivision 2, is amended to read: 
  7.18     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  7.19  filing an affidavit of candidacy, a candidate may present a 
  7.20  petition in place of the filing fee.  The petition may be signed 
  7.21  by any individual eligible to vote for the candidate.  A 
  7.22  nominating petition filed pursuant to section 204B.07 or 
  7.23  204B.13, subdivision 4, or a petition submitted to the secretary 
  7.24  of state as provided in section 204B.05 is effective as a 
  7.25  petition in place of a filing fee if the nominating petition 
  7.26  includes a prominent statement informing the signers of the 
  7.27  petition that it will be used for that purpose.  
  7.28     The number of signatures on a petition used solely in place 
  7.29  of a filing fee shall be as follows:  
  7.30     (a) for a state office voted on statewide, or for president 
  7.31  of the United States, or United States senator, 2,000; 
  7.32     (b) for a congressional office, 1,000; 
  7.33     (c) for a county or legislative office, or for the office 
  7.34  of district, county, or county municipal judge, 500; and 
  7.35     (d) for any other office which requires a filing fee as 
  7.36  prescribed by law, municipal charter, or ordinance, the lesser 
  8.1   of 500 signatures or five percent of the total number of votes 
  8.2   cast in the municipality, ward, or other election district at 
  8.3   the preceding general election at which that office was on the 
  8.4   ballot.  
  8.5      An official with whom petitions are filed shall make sample 
  8.6   forms for petitions in place of filing fees available upon 
  8.7   request.  
  8.8      Sec. 12.  Minnesota Statutes 1994, section 204B.12, 
  8.9   subdivision 1, is amended to read: 
  8.10     Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
  8.11  from the primary ballot by filing an affidavit of withdrawal 
  8.12  with the same official who received the affidavit of candidacy.  
  8.13  The affidavit shall request that official to withdraw the 
  8.14  candidate's name from the ballot and shall be filed no later 
  8.15  than three days the day after the last day for filing for the 
  8.16  office.  
  8.17     Sec. 13.  Minnesota Statutes 1994, section 204B.33, is 
  8.18  amended to read: 
  8.19     204B.33 [NOTICE OF FILING.] 
  8.20     (a) Between June 1 and July 1 in each even numbered year No 
  8.21  later than 15 weeks before the state party nominating election, 
  8.22  the secretary of state shall notify each county auditor of the 
  8.23  offices to be voted for in that county at the next state general 
  8.24  election for which candidates file with the secretary of state.  
  8.25  The notice shall include the time and place of filing for those 
  8.26  offices.  Within ten days after notification by the secretary of 
  8.27  state, each county auditor shall notify each municipal clerk in 
  8.28  the county of all the offices to be voted for in the county at 
  8.29  that election and the time and place for filing for those 
  8.30  offices.  The county auditors and municipal clerks shall 
  8.31  promptly post a copy of that notice in their offices. 
  8.32     (b) At least two weeks before the first day to file an 
  8.33  affidavit of candidacy, the county auditor shall publish a 
  8.34  notice stating the first and last dates on which affidavits of 
  8.35  candidacy may be filed in the county auditor's office and the 
  8.36  closing time for filing on the last day for filing.  The county 
  9.1   auditor shall post a similar notice at least ten days before the 
  9.2   first day to file affidavits of candidacy. 
  9.3      Sec. 14.  Minnesota Statutes 1994, section 204D.03, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
  9.6   PRIMARY.] The state party nominating election and primary shall 
  9.7   be held on the first third Tuesday after the second Monday in 
  9.8   September June in each even-numbered year to select the nominees 
  9.9   of the major political parties for partisan offices and the 
  9.10  nominees for nonpartisan offices to be filled at the state 
  9.11  general election, other than presidential electors.  
  9.12     Sec. 15.  Minnesota Statutes 1994, section 204D.08, 
  9.13  subdivision 4, is amended to read: 
  9.14     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
  9.15  BALLOT; PARTY COLUMNS.] The state partisan primary party 
  9.16  nominating election ballot shall be headed by the words "State 
  9.17  Partisan Primary Party Nominating Election Ballot."  The ballot 
  9.18  shall be printed on white paper.  There must be at least three 
  9.19  vertical columns on the ballot and each major political party 
  9.20  shall have a separate column headed by the words ".......... 
  9.21  Party," giving the party name.  Above the party names, the 
  9.22  following statement shall be printed.  
  9.23     "Minnesota election law permits you to vote for the 
  9.24  candidates of only one political party in a state partisan 
  9.25  primary party nominating election." 
  9.26     If there are only two major political parties to be listed 
  9.27  on the ballot, one party must occupy the left-hand column, the 
  9.28  other party must occupy the right-hand column, and the center 
  9.29  column must contain the following statement:  
  9.30     "Do not vote for candidates of more than one party."  
  9.31     The names of the candidates seeking the nomination of each 
  9.32  major political party shall be listed in that party's 
  9.33  column.  The name of a candidate who was endorsed by a major 
  9.34  political party at the appropriate party endorsing convention 
  9.35  according to the party rules must be followed by the term 
  9.36  "endorsed," unless the candidate files a written request with 
 10.1   the filing officer that the candidate's name not be followed by 
 10.2   the term "endorsed."  If only one individual files an affidavit 
 10.3   of candidacy seeking the nomination of a major political party 
 10.4   for an office, the name of that individual shall be placed on 
 10.5   the state partisan primary ballot at the appropriate location in 
 10.6   that party's column.  
 10.7      In each column, the candidates for senator in Congress 
 10.8   shall be listed first, candidates for representative in Congress 
 10.9   second, candidates for state senator third, candidates for state 
 10.10  representative fourth and then candidates for state office in 
 10.11  the order specified by the secretary of state.  
 10.12     The party columns shall be substantially the same in width, 
 10.13  type, and appearance.  The columns shall be separated by a 
 10.14  12-point solid line. 
 10.15     Sec. 16.  [INSTRUCTION TO REVISOR.] 
 10.16     The revisor of statutes shall change the terms in column A 
 10.17  to the corresponding terms in column B wherever they appear in 
 10.18  Minnesota Statutes or Minnesota Rules. 
 10.19         Column A                       Column B
 10.20    "state primary"              "state party nominating
 10.21                                  election and primary"
 10.22    "state partisan primary"     "state party nominating
 10.23                                  election"