SF 289

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to presidential electors; providing for
alternates and providing certain voting procedures;
amending Minnesota Statutes 2004, sections 208.03;
208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08.

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

Section 1.

Minnesota Statutes 2004, 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. On or before primary
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 new text begin , the names of eight alternate
presidential electors, new text end and the names of the party candidates for
president and vice-president.

Sec. 2.

Minnesota Statutes 2004, section 208.04,
subdivision 1, is amended to read:

Subdivision 1.

Form of presidential ballots.

When
presidential electors new text begin and alternates new text end are to be voted for, a vote
cast for the party candidates for president and vice-president
shall be deemed a vote for that party's electors new text begin and alternates
new text end as filed with the secretary of state. The secretary of state
shall certify the names of all duly nominated presidential and
vice-presidential candidates to the county auditors of the
counties of the state. Each county auditor, subject to the
rules of the secretary of state, shall cause the names of the
candidates of each major political party and the candidates
nominated by petition to be printed in capital letters, set in
type of the same size and style as for candidates on the state
white ballot, before the party designation. To the left of, and
on the same line with the names of the candidates for president
and vice-president, near the margin, shall be placed a square or
box, in which the voters may indicate their choice by marking an
"X."

The form for the presidential ballot and the relative
position of the several candidates shall be determined by the
rules applicable to other state officers. The state ballot,
with the required heading, shall be printed on the same piece of
paper and shall be below the presidential ballot with a blank
space between one inch in width.

Sec. 3.

Minnesota Statutes 2004, section 208.05, is
amended to read:

208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the second
Tuesday after each state general election shall open and canvass
the returns made to the secretary of state for presidential
electors new text begin and alternates new text end , prepare a statement of the number of
votes cast for the persons receiving votes for these offices,
and declare the person or persons receiving the highest number
of votes for each office duly elected. When it appears that
more than the number of persons to be elected as presidential
electors new text begin or alternates new text end have the highest and an equal number of
votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared
elected. The governor shall transmit to each person declared
elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary
of state.

Sec. 4.

Minnesota Statutes 2004, section 208.06, is
amended to read:

208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.

The presidential electors new text begin and alternate presidential
electors new text end , before 12:00 M. on the day before that fixed by
Congress for the electors to vote for president and
vice-president of the United States, shall notify the governor
that they are at the State Capitol and ready at the proper time
to fulfill their duties as electors. The governor shall deliver
to the electors present a certificate of the names of all the
electors. If any elector named therein fails to appear before
9:00 a.m. on the day, and at the place, fixed for voting for
president and vice-president of the United States, new text begin an alternate,
chosen from among the alternates by lot, shall be appointed to
act for that elector. If more than eight alternates are
necessary, new text end the electors present shall, in the presence of the
governor, immediately elect by ballot a person to fill the
vacancy. If more than the number of persons required have the
highest and an equal number of votes, the governor, in the
presence of the electors attending, shall decide by lot which of
those persons shall be elected.

Sec. 5.

Minnesota Statutes 2004, section 208.07, is
amended to read:

208.07 CERTIFICATE OF ELECTORS.

Immediately after the vacancies have been filled, the
original electors new text begin and alternates new text end present shall certify to the
governor the names of the persons elected to complete their
number, and the governor shall at once cause written notice to
be given to each person elected to fill a vacancy. The persons
so chosen shall be presidential electors and shall meet and act
with the other electors.

Sec. 6.

Minnesota Statutes 2004, section 208.08, is
amended to read:

208.08 ELECTORS TO MEET AT STATE CAPITOL.

The original new text begin , alternate, new text end and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at
the State Capitol and shall perform all the duties imposed upon
them as electors by the Constitution and laws of the United
States and this state.

new text begin Each elector, as a condition of having been chosen under
the name of the party of a presidential and a vice-presidential
candidate, is obligated to vote for those candidates. The
elector shall speak aloud or affirm in a nonverbal manner the
name of the candidate for president and for vice-president for
whom the elector is voting and then confirm that vote by written
public ballot.
new text end

new text begin If an elector fails to cast a ballot for the presidential
or vice-presidential candidate of the party under whose name the
elector was chosen, the elector's vote or abstention is
invalidated and an alternate presidential elector, chosen by lot
from among the alternates, shall cast a ballot in the name of
the elector for the presidential and vice-presidential candidate
of the party under whose name the elector was chosen. The
invalidation of an elector's vote or abstention on the ballot
for president or vice-president does not apply if the
presidential candidate under whose party's name the elector was
chosen has without condition released the elector or has died or
become mentally disabled. The invalidation of an elector's vote
or abstention on the ballot for vice-president does not apply if
the vice-presidential candidate under whose party's name the
elector was chosen has released without condition the elector or
has died or become mentally disabled.
new text end