Minnesota Legislature
SF 386
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to elections; permitting local governments to redraw election districts
before the legislature has been redistricted; requiring new election for all
members of a city council or county board following redistricting; permitting
appointment of election judges not affiliated with a major political party;
eliminating a requirement concerning major political party primary results;
increasing disclosure of contributions and expenditures for local political
campaigns; amending Minnesota Statutes 2004, sections 204B.135, subdivision
1; 204B.14, subdivisions 1a, 3; 204B.21, subdivision 2; 204D.10, subdivision
1; 205.84, subdivision 2; 211A.02, subdivisions 1, 2; 375.025, subdivision 4;
Minnesota Statutes 2005 Supplement, section 204C.08, subdivision 1a; repealing
Minnesota Statutes 2004, section 204D.10, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 204B.135, subdivision 1, is amended to
read:
Subdivision 1.
Cities with wards.
A city that elects its council members by wards
deleted text begin may not redistrict those wards before the legislature has been redistricted in a year ending
in one or two. The wards must be redistricted within deleted text end new text begin must redraw the ward boundaries, if
necessary, no later than new text end 60 days after the legislature has been redistricted or at least 19
weeks before the state primary election in the year ending in two, whichever is first.
Sec. 2.
Minnesota Statutes 2004, section 204B.14, subdivision 1a, is amended to read:
Subd. 1a.
Legislative policy.
It is the intention of the legislature to complete
congressional and legislative redistricting activities deleted text begin in time to permit counties and
municipalities to begin the process of reestablishing precinct boundaries as soon as
possible after the adoption of the congressional and legislative redistricting plans but
in deleted text end no deleted text begin case deleted text end later than deleted text begin 25 weeks before the state primary election deleted text end new text begin January 31 new text end in the year
ending in two.
Sec. 3.
Minnesota Statutes 2004, section 204B.14, subdivision 3, is amended to read:
Subd. 3.
Boundary changes; prohibitions; exception.
Notwithstanding other law
or charter provisions to the contrary, during the period from January 1 in any year ending
in zero to deleted text begin the time when the legislature has been redistricted deleted text end new text begin April 1 new text end in deleted text begin a deleted text end new text begin the next new text end year
ending in onedeleted text begin or twodeleted text end deleted text begin ,deleted text end no changes may be made in the boundaries of any election precinct
except as provided in this subdivision.
(a) If a city annexes an unincorporated area located in the same county as the city
and adjacent to the corporate boundary, the annexed area may be included in an election
precinct immediately adjacent to it.
(b) A municipality or county may establish new election precincts lying entirely
within the boundaries of any existing precinct and shall assign names to the new precincts
which include the name of the former precinct.
(c) Precinct boundaries must be reestablished within 60 days deleted text begin of the time when
deleted text end new text begin after new text end the legislature has been redistricted, or at least 19 weeks before the state primary
election in a year ending in two, whichever comes first. The adoption of reestablished
precinct boundaries becomes effective on the date of the state primary election in the
year ending in two.
Precincts must be arranged so that no precinct lies in more than one legislative
or congressional district.
Sec. 4.
Minnesota Statutes 2004, section 204B.21, subdivision 2, is amended to read:
Subd. 2.
Appointing authority; powers and duties.
Election judges for precincts
in a municipality shall be appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing election-related duties
assigned by the county auditor shall be appointed by the county board. Election judges for
a precinct composed of two or more municipalities must be appointed by the governing
body of the municipality or municipalities responsible for appointing election judges as
provided in the agreement to combine for election purposes. Appointments shall be made
from lists furnished pursuant to subdivision 1 subject to the eligibility requirements and
other qualifications established or authorized under section 204B.19. If no lists have been
furnished or if additional election judges are required after all listed names have been
exhausted, the appointing authority may appoint any other individualnew text begin , whether or not
affiliated with a major political party,new text end to serve as an election judge subject to the same
requirements and qualifications. The appointments shall be made at least 25 days before
the election at which the election judges will serve.
Sec. 5.
Minnesota Statutes 2005 Supplement, section 204C.08, subdivision 1a, is
amended to read:
Subd. 1a.
Voter's Bill of Rights.
The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting during the
morning of election day.
(2) If you are in line at your polling place any time between 7:00 a.m. and 8:00
p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) new text begin If you are unable to enter the polling place, you have the right to request
assistance and to vote at the polling place without leaving your vehicle.
new text end
new text begin (7) new text end If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.
deleted text begin (7)deleted text end new text begin (8) new text end You have the right to bring your minor children into the polling place and
into the voting booth with you.
deleted text begin (8)deleted text end new text begin (9) new text end If you have been convicted of a felony but your felony sentence has expired
(been completed) or you have been discharged from your sentence, you have the right to
vote.
deleted text begin (9)deleted text end new text begin (10) new text end If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.
deleted text begin (10)deleted text end new text begin (11) new text end You have the right to vote without anyone in the polling place trying to
influence your vote.
deleted text begin (11)deleted text end new text begin (12) new text end If you make a mistake or spoil your ballot before it is submitted, you have
the right to receive a replacement ballot and vote.
deleted text begin (12)deleted text end new text begin (13) new text end You have the right to file a written complaint at your polling place if you
are dissatisfied with the way an election is being run.
deleted text begin (13)deleted text end new text begin (14) new text end You have the right to take a sample ballot into the voting booth with you.
deleted text begin (14)deleted text end new text begin (15) new text end You have the right to take a copy of this Voter's Bill of Rights into the
voting booth with you."
Sec. 6.
Minnesota Statutes 2004, section 204D.10, subdivision 1, is amended to read:
Subdivision 1.
Partisan offices; nominees.
The candidate for nomination of a
major political party for a partisan office on the state partisan primary ballot who receives
the highest number of votes shall be the nominee of that political party for that office deleted text begin ,
except as otherwise provided in subdivision 2deleted text end .
Sec. 7.
Minnesota Statutes 2004, section 205.84, subdivision 2, is amended to read:
Subd. 2.
Effective date.
After the official certification of the federal decennial
or special census, the governing body of the city shall either confirm the existing ward
boundaries as conforming to the standards of subdivision 1 or redefine ward boundaries
to conform to those standards as provided in section 204B.135, subdivision 1. If the
governing body of the city fails to take either action within the time required, no further
compensation shall be paid to the mayor or council member until the wards of the city
are either reconfirmed or redefined as required by this section. An ordinance establishing
new ward boundaries pursuant to section 204B.135, subdivision 1, becomes effective
deleted text begin on the date of the state primary election in the year ending in two deleted text end new text begin for the first municipal
general election after it has been adopted, but no later than the year ending in three, and all
members of the council must be elected at that election. In a city where council members
are elected by ward to serve for staggered terms of four years, the council shall provide
by ordinance for the manner in which some members will be elected initially to terms of
four years and some to terms of two yearsnew text end .
Sec. 8.
Minnesota Statutes 2004, section 211A.02, subdivision 1, is amended to read:
Subdivision 1.
When and where filed by committees.
(a) A committee or a
candidate who receives contributions or makes disbursements of more than deleted text begin $750 deleted text end new text begin $100
new text end in a calendar year shall submit an initial report to the filing officer within 14 days after
the candidate or committee receives or makes disbursements of more than deleted text begin $750 deleted text end new text begin $100 new text end and
shall continue to make the reports listed in paragraph (b) until a final report is filed.
(b) The committee or candidate must file a report by January 31 of each year
following the year when the initial report was filed and in a year when the candidate's name
or a ballot question appears on the ballot, the candidate or committee shall file a report:
(1) ten days before the primary or special primary;
(2) ten days before the general election or special election; and
(3) 30 days after a general or special election.
Sec. 9.
Minnesota Statutes 2004, section 211A.02, subdivision 2, is amended to read:
Subd. 2.
Information required.
The report to be filed by a candidate or committee
must include:
(1) the name of the candidate or ballot question;
(2) the name and address of the person responsible for filing the report;
(3) the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;
(4) the new text begin amount, date, and new text end purpose for each expenditure; and
(5) the namenew text begin , address, and employer, or occupation if self-employed,new text end of any
individual or committee that during the year has made one or more contributions that in
the aggregate are equal to or greater than deleted text begin $500 deleted text end new text begin $100, and the amount and date of each
contributionnew text end .
Sec. 10.
Minnesota Statutes 2004, section 375.025, subdivision 4, is amended to read:
Subd. 4.
Redistricting plan; election following redistricting.
A redistricting plan
whether prepared by the county board or the redistricting commission shall be filed in the
office of the county auditor. A redistricting plan shall be effective on the 31st day after
filing unless a later effective date is specified but no plan shall be effective for the next
election of county commissioners unless the plan is filed with the county auditor not less
than 30 days before the first date candidates may file for the office of county commissioner.
One commissioner shall be elected in each district who, at the time of the election, is a
resident of the district. A person elected may hold the office only while remaining a
resident of the commissioner district or, after June 15 during a year ending in "2", while
remaining a resident of the county. The county board or the redistricting commission shall
determine the number of members of the county board who shall be elected for two-year
terms and for four-year terms to provide staggered terms on the county board. Thereafter,
all commissioners shall be elected for four years. When a county is redistricted, there
shall be a new election of commissioners in all the districts at the next general election
deleted text begin except that if the change made in the boundaries of a district is less than five percent of
the average of all districts of the county, the commissioner in office at the time of the
redistricting shall serve for the full period for which electeddeleted text end .
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 204D.10, subdivision 2,
new text end
new text begin
is repealed.
new text end
Sec. 12. new text begin EFFECTIVE DATE.
new text end
new text begin Sections 1 to 3 and 7 to 10 are effective January 1, 2007. new text end