Minnesota Legislature
SF 1009
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:44pm
Current Version - 2nd Engrossment
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A bill for an act
relating to elections; changing certain procedures and requirements related to
vacancies in nomination and certain primaries; amending Minnesota Statutes
2010, sections 204B.04, subdivision 2; 204B.13, subdivisions 1, 4; 204C.32,
subdivision 1; 205.065, subdivision 5; 205.13, subdivision 1a; 205A.03,
subdivision 4; 205A.06, subdivision 1a; repealing Minnesota Statutes 2010,
sections 204B.41; 204D.169; 205.065, subdivision 7; 205A.03, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 204B.04, subdivision 2, is amended to read:
Subd. 2.
Candidates seeking nomination by primary.
No individual who seeks
nomination for any partisan or nonpartisan office at a primary shall be nominated for the
same office by nominating petitiondeleted text begin , except as otherwise provided for nonpartisan offices
in section 204B.13, subdivision 4deleted text end .
Sec. 2.
Minnesota Statutes 2010, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
Death or withdrawal.
A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:
deleted text begin (a)deleted text end new text begin (1)new text end a major political party candidate or nonpartisan candidate who was nominated
at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a; or
deleted text begin (b)deleted text end new text begin (2)new text end a candidate for a nonpartisan office, for which one or two candidates filed, deleted text begin dies
or files an affidavit of withdrawaldeleted text end new text begin withdrawsnew text end as provided in section 204B.12, subdivision 1.
Sec. 3.
Minnesota Statutes 2010, section 204B.13, subdivision 4, is amended to read:
Subd. 4.
Nonpartisan office; filling vacancy deleted text begin by nominating petitionsdeleted text end .
A vacancy
in nomination in a nonpartisan office may be filled by deleted text begin nominating petitiondeleted text end new text begin filing an
affidavit of candidacy and paying a filing fee or by filing an affidavit of candidacy and
filing a petition in place of a filing feenew text end in the manner provided in sections 204B.06new text begin ,new text end
deleted text begin todeleted text end 204B.09new text begin , and 204B.11new text end . deleted text begin The petition shalldeleted text end new text begin All documents and fees required by this
subdivision mustnew text end be filed within deleted text begin one weekdeleted text end new text begin five daysnew text end after the vacancy in nomination
occursdeleted text begin , but not later than four calendar days before the electiondeleted text end .new text begin There must be a two-day
period for withdrawal of candidates after the last day for filing.
new text end
deleted text begin
An eligible voter is eligible to sign a nominating petition to fill a vacancy in
nomination without regard to whether that eligible voter intends to vote or did vote for
any candidate for that office at the primary or signed other nominating petitions for
candidates for that office.
deleted text end
new text begin
If the vacancy in nomination resulted from a withdrawal during the withdrawal
period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
period to fill the vacancy in nomination, there are more than two candidates, the
candidates' names must appear on the primary ballot.
new text end
new text begin
In all other cases, the candidates' names must appear on the general election ballot.
new text end
Sec. 4.
Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office on new text begin either new text end the new text begin second or new text end third day following the state primary. After
taking the oath of office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The board shall complete the canvass deleted text begin ondeleted text end new text begin by new text end the third day
following the state primary and shall promptly prepare and file with the county auditor
a report that states:
(a) the number of individuals voting at the election in the county, and in each
precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.
Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.
Sec. 5.
Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
Subd. 5.
Results.
new text begin (a) new text end The municipal primary shall be conducted and the returns
made in the manner provided for the state primary so far as practicable. new text begin If the primary
is conducted:
new text end
new text begin
(1) only within that municipality, a canvass may be conducted on either the second
or third day after the primary; or
new text end
new text begin
(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
new text end
deleted text begin On the third day after the primary,deleted text end The governing body of the municipality shall
canvass the returns, and the two candidates for each office who receive the highest number
of votes, or a number of candidates equal to twice the number of individuals to be elected
to the office, who receive the highest number of votes, shall be the nominees for the office
named. Their names shall be certified to the municipal clerk who shall place them on
the municipal general election ballot without partisan designation and without payment
of an additional fee.
new text begin
(b) Following a municipal primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the municipality is located agrees to administratively review the
municipality's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.
new text end
Sec. 6.
Minnesota Statutes 2010, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than 84 days nor
less than 70 days before the city primary. In municipalities that do not hold a primary, an
affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
the municipal general election held in March in any year, or a special election not held in
conjunction with another election, and no more than deleted text begin 91deleted text end new text begin 98new text end days nor less than deleted text begin 77deleted text end new text begin 84new text end days
before the municipal general election held in November of any year.
Sec. 7.
Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
Subd. 4.
Results.
new text begin (a) new text end The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. new text begin If the primary
is conducted:
new text end
new text begin
(1) only within that school district, a canvass may be conducted on either the second
or third day after the primary; or
new text end
new text begin
(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
new text end
deleted text begin On the third day after the primary,deleted text end The school board of the school district shall
canvass the returns, and the two candidates for each specified school board position who
receive the highest number of votes, or a number of candidates equal to twice the number
of individuals to be elected to at-large school board positions who receive the highest
number of votes, are the nominees for the office named. Their names must be certified to
the school district clerk who shall place them on the school district general election ballot
without partisan designation and without payment of an additional fee.
new text begin
(b) Following a school district primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the school district is located agrees to administratively review the
school district's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.
new text end
Sec. 8.
Minnesota Statutes 2010, 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 84th day and no later than the 70th day before
the second Tuesday in August in the year when the school district general election is held.
In all other school districts, affidavits of candidacy must be filed no earlier than the deleted text begin 91stdeleted text end new text begin
98thnew text end day and no later than the deleted text begin 77thdeleted text end new text begin 84thnew text end day before the school district general election.
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 204B.41; 204D.169; 205.065, subdivision 7;
and 205A.03, subdivision 6,
new text end
new text begin
are repealed.
new text end
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1, 2, 3, 6, 8, and 9 are effective the day following final enactment.
new text end