Minnesota Legislature
SF 260
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am
Current Version - 1st Engrossment
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A bill for an act
relating to elections; moving the state primary from September to June and
making conforming changes; requiring a primary in certain elections of soil and
water conservation district supervisors; increasing the time for voting by absentee
ballot from 30 to 45 days and making conforming changes; amending Minnesota
Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision
1; 10A.323; 103C.305, subdivision 1; 204B.09, subdivision 1; 204B.14,
subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision
4; 204C.26, subdivision 3; 204D.03, subdivision 1; 205.065, subdivision
1; 205.13, subdivision 1a; 205.16, subdivision 4; 205A.03, subdivision 2;
205A.06, subdivision 1a; 205A.07, subdivision 3; 206.82, subdivision 2; 208.03;
211B.045; 447.32, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
Subd. 6.
Distribution of party accounts.
As soon as the board has obtained from
the secretary of state the results of the primary election, but no later than one week after
certification by the State Canvassing Board of the results of the primary, the board must
distribute the available money in each party account, as certified by the commissioner of
revenue deleted text begin on September 1deleted text end new text begin one week before the state primarynew text end , to the candidates of that party
who have signed a spending limit agreement under section 10A.322 and filed the affidavit
of contributions required by section 10A.323, who were opposed in either the primary
election or the general election, and whose names are to appear on the ballot in the general
election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
from the party account may not be paid in an amount greater than the expenditure limit
of the candidate or the expenditure limit that would have applied to the candidate if the
candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. deleted text begin If a candidate files the affidavit required by section 10A.323 after September 1 of the
general election year, the board must pay the candidate's allocation to the candidate at the
next regular payment date for public subsidies for that election cycle that occurs at least
15 days after the candidate files the affidavit.
deleted text end
Sec. 2.
Minnesota Statutes 2008, section 10A.321, is amended to read:
10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
Subdivision 1.
Calculation and certification of estimates.
The commissioner of
revenue must calculate and certify to the board new text begin one week new text end before deleted text begin July 1deleted text end new text begin the first day for
filing for office new text end in each election year an estimate of the total amount in the state general
account of the state elections campaign fund and the amount of money each candidate
who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
candidate's party account in the state elections campaign fund. This estimate must be
based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas in section
10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after
100 percent of the tax returns have been processed.
Subd. 2.
Publication, certification, and notification procedures.
Before the
first day of filing for office, the board must publish and forward to all filing officers
the estimates calculated and certified under subdivision 1 along with a copy of section
10A.25, subdivision 10. Within deleted text begin seven daysdeleted text end new text begin one weeknew text end after the last day for filing for
office, the secretary of state must certify to the board the name, address, office sought, and
party affiliation of each candidate who has filed with that office an affidavit of candidacy
or petition to appear on the ballot. The auditor of each county must certify to the board
the same information for each candidate who has filed with that county an affidavit of
candidacy or petition to appear on the ballot. deleted text begin By August 15deleted text end new text begin Within two weeks after the last
day for filing for officenew text end , the board must notify all candidates of their estimated minimum
amount. The board must include with the notice a form for the agreement provided in
section 10A.322 along with a copy of section 10A.25, subdivision 10.
Sec. 3.
Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
Subdivision 1.
Agreement by candidate.
(a) As a condition of receiving a public
subsidy, a candidate must sign and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.
(b) Before the first day of filing for office, the board must forward agreement forms
to all filing officers. The board must also provide agreement forms to candidates on
request at any time. The candidate must file the agreement with the board deleted text begin by September 1
preceding the candidate's general election or a special election held at the general electiondeleted text end new text begin
at least three weeks before the candidate's state primarynew text end . An agreement may not be filed
after that date. An agreement once filed may not be rescinded.
(c) The board must notify the commissioner of revenue of any agreement signed
under this subdivision.
(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing period for the
general election, a candidate may sign and submit a spending limit agreement not later
than the day after the candidate files the affidavit of candidacy or nominating petition
for the office.
Sec. 4.
Minnesota Statutes 2008, section 10A.323, is amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that deleted text begin during that calendar yeardeleted text end new text begin between January 1 of the election year
and the cutoff date for transactions included in the report of receipts and expenditures due
before the primary election, new text end the candidate has accumulated contributions from persons
eligible to vote in this state in at least the amount indicated for the office sought, counting
only the first $50 received from each contributor:
(1) candidates for governor and lieutenant governor running together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state and state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.
The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by the deleted text begin cutoff datedeleted text end new text begin deadlinenew text end for reporting of receipts and
expenditures before a primary under section 10A.20, subdivision 4.
A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after filing the affidavit of candidacy.
Sec. 5.
Minnesota Statutes 2008, section 103C.305, subdivision 1, is amended to read:
Subdivision 1.
Time for election.
Elections must be held at the state general
election specified in section 204D.03, subdivision 2. A primary deleted text begin may notdeleted text end new text begin mustnew text end be heldnew text begin if
there are more than two candidates for any available supervisor positionnew text end .
Sec. 6.
Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
Candidates in state and county general elections.
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than deleted text begin 70deleted text end new text begin 84new text end days nor less than deleted text begin 56deleted text end new text begin 70new text end days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
Sec. 7.
Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
Subd. 2.
Separate precincts; combined polling place.
(a) The following shall
constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
June 1 of deleted text begin anydeleted text end new text begin an odd-numberednew text end yearnew text begin and no later than 14 weeks before the state primary in
an even-numbered yearnew text end :
(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality that have a combined
total of fewer than 500 registered voters;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more counties.
A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than May 1 of deleted text begin anydeleted text end new text begin an odd-numberednew text end yearnew text begin and
no later than 18 weeks before the state primary in an even-numbered yearnew text end .
The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. A single set of election judges may be appointed
to serve at a combined polling place. The number of election judges required must be
based on the total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided for the
ballots from each precinct. The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place established under
clause (2) where one of the precincts has fewer than ten registered voters, in which case the
results of that precinct must be reported in the manner specified by the secretary of state.
Sec. 8.
Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
Subd. 4.
Boundary change procedure.
Any change in the boundary of an election
precinct shall be adopted at least 90 days before the date of the next election and, for the
state primary and general election, no later than deleted text begin June 1deleted text end new text begin 14 weeks before the state primarynew text end
in the year of the state general election. The precinct boundary change shall not take
effect until notice of the change has been posted in the office of the municipal clerk or
county auditor for at least 60 days.
The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
candidacy for the state general election in the year ending in two.
Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.
Sec. 9.
Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and county auditor.
deleted text begin On June 1deleted text end new text begin Within two weeks after the precinct caucusesnew text end in a year in which there is an
election for a partisan political office, the county or legislative district chairs of each major
political party, whichever is designated by the state party, shall prepare a list of eligible
voters to act as election judges in each election precinct in the county or legislative
district. The chairs shall furnish the lists to the county auditor of the county in which the
precinct is located.
deleted text begin By June 15deleted text end new text begin Within four weeks after the precinct caucusesnew text end , the county auditor shall
furnish to the appointing authorities a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by
the county auditor for each major political party.
Sec. 10.
Minnesota Statutes 2008, section 204B.33, is amended to read:
204B.33 NOTICE OF FILING.
(a) deleted text begin Between June 1 and July 1 in each even-numbered yeardeleted text end new text begin At least 15 weeks before
the state primarynew text end , the secretary of state shall notify each county auditor of the offices to be
voted for in that county at the next state general election for which candidates file with the
secretary of state. The notice shall include the time and place of filing for those offices.
Within ten days after notification by the secretary of state, each county auditor shall notify
each municipal clerk in the county of all the offices to be voted for in the county at that
election and the time and place for filing for those offices. The county auditors and
municipal clerks shall promptly post a copy of that notice in their offices.
(b) At least two weeks before the first day to file an affidavit of candidacy, the
county auditor shall publish a notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the closing time for filing on the
last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.
Sec. 11.
Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
Subd. 4.
Absentee ballots; preparation; delivery.
new text begin At least 45 days before a state
primary or the state general election and at least 30 days before other elections, new text end ballots
necessary to fill applications of absentee voters shall be prepared and delivered deleted text begin at least 30
days before the electiondeleted text end to the officials who administer the provisions of chapter 203B.
This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.
Sec. 12.
Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:
Subd. 3.
Secretary of state.
deleted text begin On or before July 1 ofdeleted text end new text begin No later than ten weeks before
the state primary innew text end each even-numbered year, the secretary of state shall prescribe the
form for summary statements of election returns and the methods by which returns for the
state primary and state general election shall be recorded by precinct, county, and state
election officials. Each county auditor and municipal or school district clerk required to
furnish summary statements shall prepare them in the manner prescribed by the secretary
of state. The summary statement of the primary returns shall be in the same form as
the summary statement of the general election returns except that a separate part of the
summary statement shall be provided for the partisan primary ballot and a separate part for
the nonpartisan primary ballot.
Sec. 13.
Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
Subdivision 1.
State primary.
The state primary shall be held on the deleted text begin firstdeleted text end new text begin secondnew text end
Tuesday deleted text begin after the second Mondaydeleted text end in deleted text begin Septemberdeleted text end new text begin Junenew text end 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.
Sec. 14.
Minnesota Statutes 2008, 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 first Tuesday after the second
Monday in September of deleted text begin anydeleted text end new text begin an odd-numbered new text end year new text begin or on the date of the state primary in
an even-numbered year. The municipal primary must be held in the same year new text end in which a
municipal general election is to be held for the purpose of electing officers.
Sec. 15.
Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In municipalities nominating candidates at a municipal
primary, an affidavit of candidacy for a city office or town office voted on in November
must be filed not more than deleted text begin 70deleted text end new text begin 84new text end days nor less than deleted text begin 56deleted text end new text begin 70new text end days before the deleted text begin firstdeleted text end new text begin second
new text end Tuesday deleted text begin after the second Monday in Septemberdeleted text end new text begin in Junenew text end preceding the municipal general
election. In all other municipalities, an affidavit of candidacy must be filed not more
than 70 days and not less than 56 days before the municipal general election new text begin held in
March in any year or in November in an odd-numbered year, and no more than 84 days
and no less than 70 days before the municipal general election held in November in an
even-numbered yearnew text end .
Sec. 16.
Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:
Subd. 4.
Notice to auditor.
At least 53 days prior to every municipal election new text begin held
in March in any year or in November in an odd-numbered year and 67 days prior to every
municipal election held in November in an even-numbered yearnew text end , the municipal clerk shall
provide a written notice to the county auditor, including the date of the election, the offices
to be voted on at the election, and the title and language for each ballot question to be
voted on at the election. Not less than 46 days before the election new text begin in an odd-numbered
year and 60 days before the election in an even-numbered yearnew text end , the municipal clerk must
provide written notice to the county auditor of any special election canceled under section
205.10, subdivision 6.
Sec. 17.
Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
Subd. 2.
Date.
The school district primary must be held on the first Tuesday after
the second Monday in September new text begin of an odd-numbered year or on the date of the state
primary in an even-numbered year. The primary must be held new text end in the year when the school
district general election is held. The clerk shall give notice of the primary in the manner
provided in section 205A.07.
Sec. 18.
Minnesota Statutes 2008, 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 70th day and no later than the 56th day
before the first Tuesday after the second Monday in September in the year when the
school district general election is heldnew text begin in an odd-numbered year or no earlier than the
84th day and no later than the 70th day before the state primary when the school district
general election is held in an even-numbered yearnew text end . In all other school districts, affidavits
of candidacy must be filed no earlier than the 70th day and no later than the 56th day
before the school district general election new text begin in an odd-numbered year and no earlier than the
84th day and no later than the 70th day before the election in an even-numbered yearnew text end .
Sec. 19.
Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:
Subd. 3.
Notice to auditor.
At least 53 days prior to every school district election
new text begin in an odd-numbered year and 67 days prior to every school district election in an
even-numbered yearnew text end , the school district clerk shall provide a written notice to the county
auditor of each county in which the school district is located. The notice must include the
date of the election, the offices to be voted on at the election, and the title and language
for each ballot question to be voted on at the election. For the purposes of meeting the
timelines of this section, in a bond election, a notice, including a proposed question, may
be provided to the county auditor prior to receipt of a review and comment from the
commissioner of education and prior to actual initiation of the election. Not less than 46
days before the election, the school district clerk must provide written notice to the county
auditor of any special election canceled under section 205A.05, subdivision 3.
Sec. 20.
Minnesota Statutes 2008, 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. Prior to July 1 ofnew text begin each
odd-numbered year, and at least ten weeks before the date of the state primary innew text end each
subsequent general election year, 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 Department of Administration 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.
Sec. 21.
Minnesota Statutes 2008, section 208.03, is amended to read:
208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
Presidential electors for the major political parties of this state shall be nominated
by delegate conventions called and held under the supervision of the respective state
central committees of the parties of this state. deleted text begin On or before primarydeleted text end new text begin At least 70 days
before the generalnew text end election day the chair of the major political party shall certify to the
secretary of state the names of the persons nominated as presidential electors, the names
of eight alternate presidential electors, and the names of the party candidates for president
and vice president.
Sec. 22.
Minnesota Statutes 2008, section 211B.045, is amended to read:
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, all noncommercial signs of any size may be
posted in any number from deleted text begin August 1deleted text end new text begin 45 days before the state primarynew text end in a state general
election year until ten days following the state general election.
Sec. 23.
Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
Subd. 4.
Candidates; ballots; certifying election.
A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more
than deleted text begin 70deleted text end new text begin 84new text end days nor less than deleted text begin 56deleted text end new text begin 70new text end days before the first Tuesday after the first Monday
in November of the year in which the general election is held new text begin and no more than 70 days
and no less than 56 days before the election in an odd-numbered yearnew text end . The city or town
clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the
first election, the clerk of the most populous city or town immediately after the last day of
the filing period. A candidate may withdraw from the election by filing an affidavit of
withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last
day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed on tan paper
and prepared as provided in the rules of the secretary of state. The ballots must be marked
and initialed by at least two judges as official ballots and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for the election
of officers. The hospital board may also authorize the use of voting systems subject to
chapter 206. Enough election judges may be appointed to receive the votes at each
polling place. The election judges shall act as clerks of election, count the ballots cast,
and submit them to the board for canvass.
After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 24. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective for the state primary in 2010 and thereafter.
new text end