SF 969

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; moving the state primary 
  1.3             election to June; amending Minnesota Statutes 1994, 
  1.4             sections 10A.31, subdivision 6; 10A.322, subdivision 
  1.5             1; 10A.323; 204B.33; and 204D.03, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 10A.31, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  As soon as the board has obtained from the 
  1.10  secretary of state the results of the primary election, but in 
  1.11  any event no later than one week after certification by the 
  1.12  state canvassing board of the results of the primary, the board 
  1.13  shall distribute the available funds in each party account, as 
  1.14  certified by the commissioner of revenue on September 1 one week 
  1.15  before the primary, to the candidates of that party who have 
  1.16  signed the agreement as provided in section 10A.322 and filed 
  1.17  the affidavit required by section 10A.323, and whose names are 
  1.18  to appear on the ballot in the general election, according to 
  1.19  the allocations set forth in subdivision 5.  If a candidate 
  1.20  files the affidavit required by section 10A.323 after September 
  1.21  June 1 of the general election year, the board shall pay the 
  1.22  candidate's allocation to the candidate at the next regular 
  1.23  payment date for public subsidies for that election cycle that 
  1.24  occurs at least 15 days after the candidate files the affidavit. 
  1.25     Sec. 2.  Minnesota Statutes 1994, section 10A.322, 
  2.1   subdivision 1, is amended to read: 
  2.2      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  2.3   condition of receiving a public subsidy, a candidate shall sign 
  2.4   and file with the board a written agreement in which the 
  2.5   candidate agrees that the candidate will comply with sections 
  2.6   10A.25 and 10A.324. 
  2.7      (b) Before the first day of filing for office, the board 
  2.8   shall forward agreement forms to all filing officers.  The board 
  2.9   shall also provide agreement forms to candidates on request at 
  2.10  any time.  The candidate may sign an agreement and submit it to 
  2.11  the filing officer on the day of filing an affidavit of 
  2.12  candidacy or petition to appear on the ballot, in which case the 
  2.13  filing officer shall without delay forward signed agreements to 
  2.14  the board.  Alternatively, the candidate may submit the 
  2.15  agreement directly to the board at any time that is at least one 
  2.16  week before September 1 preceding the general the candidate's 
  2.17  primary election.  An agreement may not be filed after that 
  2.18  date.  An agreement once filed may not be rescinded. 
  2.19     (c) The board shall forward a copy of any agreement signed 
  2.20  under this subdivision to the commissioner of revenue.  
  2.21     (d) Notwithstanding any provisions of this section, when a 
  2.22  vacancy occurs that will be filled by means of a special 
  2.23  election and the filing period does not coincide with the filing 
  2.24  period for the general election, a candidate may sign and submit 
  2.25  a spending limit agreement at any time before the deadline for 
  2.26  submission of a signed agreement under section 10A.315. 
  2.27     Sec. 3.  Minnesota Statutes 1994, section 10A.323, is 
  2.28  amended to read: 
  2.29     10A.323 [MATCHING REQUIREMENTS.] 
  2.30     In addition to the requirements of section 10A.322, to be 
  2.31  eligible to receive a public subsidy under section 10A.31 or 
  2.32  10A.312 a candidate or the candidate's treasurer shall file an 
  2.33  affidavit with the board stating that during that calendar year 
  2.34  the candidate has accumulated contributions from persons 
  2.35  eligible to vote in this state in the amount indicated for the 
  2.36  office sought, counting only the first $50 received from each 
  3.1   contributor: 
  3.2      (1) candidates for governor and lieutenant governor running 
  3.3   together, $35,000; 
  3.4      (2) candidates for attorney general, $15,000; 
  3.5      (3) candidates for secretary of state, state treasurer, and 
  3.6   state auditor, separately, $6,000; 
  3.7      (4) candidates for the senate, $3,000; and 
  3.8      (5) candidates for the house of representatives, $1,500. 
  3.9      To be eligible to receive a public matching subsidy under 
  3.10  section 10A.312, the affidavit must state the total amount of 
  3.11  contributions that have been received from persons eligible to 
  3.12  vote in this state and the total amount of those contributions 
  3.13  received, disregarding the portion of any contribution in excess 
  3.14  of $50.  
  3.15     The candidate or the candidate's treasurer shall submit the 
  3.16  affidavit required by this section to the board in writing by 
  3.17  September 1 of the general election year no later than one week 
  3.18  before the primary election to receive the payment based on the 
  3.19  results of the primary election, by September 15 to receive the 
  3.20  payment made October 1, by October 1 to receive the payment made 
  3.21  October 15, by November 1 to receive the payment made November 
  3.22  15 following the general election, and by December 1 to receive 
  3.23  the payment made December 15. 
  3.24     Sec. 4.  Minnesota Statutes 1994, section 204B.33, is 
  3.25  amended to read: 
  3.26     204B.33 [NOTICE OF FILING.] 
  3.27     (a) Between June 1 and July 1 in each even numbered year No 
  3.28  later than 15 weeks before the state primary election, the 
  3.29  secretary of state shall notify each county auditor of the 
  3.30  offices to be voted for in that county at the next state general 
  3.31  election for which candidates file with the secretary of state.  
  3.32  The notice shall include the time and place of filing for those 
  3.33  offices.  Within ten days after notification by the secretary of 
  3.34  state, each county auditor shall notify each municipal clerk in 
  3.35  the county of all the offices to be voted for in the county at 
  3.36  that election and the time and place for filing for those 
  4.1   offices.  The county auditors and municipal clerks shall 
  4.2   promptly post a copy of that notice in their offices. 
  4.3      (b) At least two weeks before the first day to file an 
  4.4   affidavit of candidacy, the county auditor shall publish a 
  4.5   notice stating the first and last dates on which affidavits of 
  4.6   candidacy may be filed in the county auditor's office and the 
  4.7   closing time for filing on the last day for filing.  The county 
  4.8   auditor shall post a similar notice at least ten days before the 
  4.9   first day to file affidavits of candidacy. 
  4.10     Sec. 5.  Minnesota Statutes 1994, section 204D.03, 
  4.11  subdivision 1, is amended to read: 
  4.12     Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
  4.13  held on the first Tuesday after the second Monday in 
  4.14  September June in each even-numbered year to select the nominees 
  4.15  of the major political parties for partisan offices and the 
  4.16  nominees for nonpartisan offices to be filled at the state 
  4.17  general election, other than presidential electors.