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SF 1205

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; changing the date of the state primary from August to
March; requiring a presidential primary with the state primary; changing the date
of local primary elections in certain circumstances; amending Minnesota Statutes
2014, sections 202A.13; 204B.03; 204B.06, subdivision 4; 204B.14, subdivisions
2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1;
204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2;
205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 204D.

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

Section 1.

Minnesota Statutes 2014, section 202A.13, is amended to read:


202A.13 COMMITTEES, CONVENTIONS.

new text begin (a) new text end The rules of each major political party shall provide that for each congressional
district and each county or legislative district a convention shall be held at least once
every state general election year. Each major political party shall also provide for each
congressional district and each county or legislative district an executive committee
consisting of a chair and such other officers as may be necessary. The party rules may
provide for only one executive committee and one convention where any county and
congressional district have the same territorial limits.

A delegate or alternate who is deaf, deafblind, or hard-of-hearing who needs
interpreter services at a county, legislative district, congressional district, or state
convention shall so notify the executive committee of the major political party unit whose
convention the delegate or alternate plans to attend. Written notice must be given by
certified mail to the executive committee at least 30 days before the convention date. The
major political party, not later than 14 days before the convention date, shall secure the
services of one or more interpreters if available and shall assume responsibility for the cost
of the services. The state central committee of the major political party shall determine
the process for reimbursing interpreters.

A visually impaired delegate or alternate to a county, legislative district,
congressional district, or state convention may notify the executive committee of the major
political party unit that the delegate or alternate requires convention materials in audio
tape, Braille, or large print format. Upon receiving the request, the executive committee
shall provide all official written convention materials as soon as they are available, so
that the visually impaired individual may have them converted to audio tape, Braille, or
large print format, prior to the convention.

new text begin (b) Delegates who are pledged to a specific candidate are bound to vote for that
candidate unless the candidate withdraws or releases the delegates.
new text end

Sec. 2.

Minnesota Statutes 2014, section 204B.03, is amended to read:


204B.03 MANNER OF NOMINATION.

Candidates of a major political party for any partisan office deleted text begin except presidential
elector
deleted text end and all candidates for nonpartisan office shall apply for a place on the primary
ballot by filing an affidavit of candidacy as provided in section 204B.06, and except as
otherwise provided in section 204D.07, subdivision 3, shall be nominated by primary.
Candidates for any partisan office who do not seek the nomination of a major political
party shall be nominated by nominating petition as provided in sections 204B.07 and
204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy
as provided in section 204B.06.

Sec. 3.

Minnesota Statutes 2014, section 204B.06, subdivision 4, is amended to read:


Subd. 4.

Federal offices.

deleted text begin Candidates for president or vice president of the United
States are not required to file an affidavit of candidacy for office.
deleted text end Candidates who
seek nomination for the office of United States senator or representative shall state the
following information on the affidavit:

(1) for United States senator, that the candidate will be an inhabitant of this state
when elected and will be 30 years of age or older and a citizen of the United States for not
less than nine years on the next January 3 or, in the case of an election to fill a vacancy,
within 21 days after the special election; and

(2) for United States representative, that the candidate will be an inhabitant of this
state when elected and will be 25 years of age or older and a citizen of the United States
for not less than seven years on the next January 3 or, in the case of an election to fill a
vacancy, within 21 days after the special election.

Sec. 4.

Minnesota Statutes 2014, 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
deleted text begin Maydeleted text end new text begin Decembernew text end 1 of any year:

(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 contiguous precincts in the same municipality;

(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 deleted text begin Aprildeleted text end new text begin Novembernew text end 1 of any year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. 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. 5.

Minnesota Statutes 2014, section 204B.14, subdivision 4, is amended to read:


Subd. 4.

Boundary change procedure.

Any change in the boundary of an election
precinct must be adopted at least ten weeks before the date of the next election and, for
the state primary and general election, no later than deleted text begin Junedeleted text end new text begin Januarynew text end 1 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 56 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 before 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. 6.

Minnesota Statutes 2014, section 204B.21, subdivision 1, is amended to read:


Subdivision 1.

Appointment lists; duties of political parties and secretary of
state.

On deleted text begin Maydeleted text end new text begin Decembernew text end 1 in a year new text begin prior to a year new text end in which there is an election for a
partisan political office, each major political party shall prepare a list of eligible voters
to act as election judges in each election precinct. The political parties shall furnish the
lists electronically to the secretary of state, in a format specified by the secretary of state.
The secretary of state must combine the data received from each political party under this
subdivision and must process the data to locate the precinct in which the address provided
for each potential election judge is located. If the data submitted by a political party is
insufficient for the secretary of state to locate the proper precinct, the associated name
must not appear in any list forwarded to an appointing authority under this subdivision.
The secretary of state shall notify political parties of any proposed election judges with
addresses that could not be located in a precinct.

By deleted text begin Maydeleted text end new text begin Decembernew text end 15, the secretary of state shall furnish electronically to the county
auditor a list of the appropriate names for each election precinct in the jurisdiction of
the appointing authority, noting the political party affiliation of each individual on the
list. The county auditor must promptly forward the appropriate names to the appropriate
municipal clerk.

Sec. 7.

Minnesota Statutes 2014, section 204D.03, subdivision 1, is amended to read:


Subdivision 1.

State primary.

The state primary shall be held on the deleted text begin seconddeleted text end new text begin lastnew text end
Tuesday in deleted text begin Augustdeleted text end new text begin Marchnew 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 electiondeleted text begin , other than presidential electorsdeleted text end new text begin . The state primary shall include
a presidential primary as required by sections 204D.30 to 204D.32
new text end .

Sec. 8.

Minnesota Statutes 2014, section 204D.09, subdivision 1, is amended to read:


Subdivision 1.

Example ballot.

(a) No later than deleted text begin Maydeleted text end new text begin Decembernew text end 1 of each year,
the secretary of state shall supply each auditor with a copy of an example ballot. The
example ballot must illustrate the format required for the ballots used in the primary and
general elections deleted text begin thatdeleted text end new text begin for the followingnew text end year.

(b) The county auditor shall distribute copies of the example ballot to municipal
and school district clerks in municipalities and school districts holding elections deleted text begin thatdeleted text end new text begin the
following
new text end year. The official ballot must conform in all respects to the example ballot.

Sec. 9.

Minnesota Statutes 2014, section 204D.28, subdivision 5, is amended to read:


Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the
state general election; or

(b) a primary held on the deleted text begin seconddeleted text end new text begin lastnew text end Tuesday in deleted text begin Augustdeleted text end new text begin Marchnew text end of odd-numbered
years.

Sec. 10.

new text begin [204D.30] PRESIDENTIAL PRIMARY.
new text end

new text begin (a) A presidential primary must be held on the last Tuesday in March of each
year in which a president and vice president of the United States are to be nominated
and elected, at which the voters of this state may express their preference among the
candidates of the major political party of their choice, for that party's nomination to be
president of the United States or may vote for uncommitted delegates to the national party
convention. The presidential primary is held in conjunction with the state primary. For
the purposes of this chapter, "political party" or "party" means a major political party as
defined in section 200.02, subdivision 7.
new text end

new text begin (b) Except as otherwise provided in this chapter, the presidential primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.
new text end

Sec. 11.

new text begin [204D.31] CANDIDATES ON BALLOT.
new text end

new text begin Subdivision 1. new text end

new text begin Required listing. new text end

new text begin The following individuals must be listed as
candidates on the state primary ballot in the column representing the candidate's party:
new text end

new text begin (1) any individual who files an affidavit of candidacy under section 204B.06 and
submits the appropriate filing fee or petition in place of filing fee under section 204B.11; and
new text end

new text begin (2) any individual nominated as a candidate for the presidential nomination of a
political party by a petition submitted not later than ten weeks before the primary and
bearing the names of 1,000 eligible voters from each congressional district.
new text end

new text begin In addition, the column for each major political party must contain a place for a voter
to indicate a preference for having delegates to the party's national convention remain
uncommitted, and a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot.
new text end

new text begin The candidates must be listed in the appropriate column on the ballot in the order
that the affidavits of candidacy or nominating petitions for the candidates are filed with
the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Time for filing; fee. new text end

new text begin The period for filing an affidavit of candidacy for the
presidential primary must begin not more than 84 days nor less than 70 days before the
primary. The filing fee is $500. The period for signing nominating petitions must begin 16
weeks before the primary and end ten weeks before the primary.
new text end

new text begin Subd. 3. new text end

new text begin Announcing candidates. new text end

new text begin Candidates who have filed an affidavit of
candidacy under subdivision 1, clause (1), for each political party on the primary ballot
must be announced by the secretary of state the day after filings close for the purpose of
giving voters sufficient time to nominate other candidates by petition.
new text end

new text begin Subd. 4. new text end

new text begin Announcement. new text end

new text begin The determination of which candidates must be listed on
the primary ballot must be made by the secretary of state not later than eight weeks before
the primary. The secretary of state shall certify to the county auditor of each county the
names of all candidates in the presidential primary at least seven weeks before the primary.
new text end

new text begin Subd. 5. new text end

new text begin Notification. new text end

new text begin Not later than three days after the last day for filing a
nominating petition under subdivision 1, clause (2), the secretary of state shall notify each
individual whose name is to be listed on the primary ballot that the individual's name
will be listed unless the individual submits an affidavit stating that the individual is not
a candidate for the presidential nomination, does not intend to become a candidate, and
would not accept the nomination. The affidavit must be submitted to and received by the
secretary of state no later than eight weeks before the primary.
new text end

Sec. 12.

new text begin [204D.32] SELECTION OF DELEGATES; NATIONAL CONVENTION
BALLOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Apportionment of votes. new text end

new text begin The delegates to the national convention
of each political party appearing on the primary ballot who are chosen on the basis of their
support for particular presidential candidates must be apportioned among the various
candidates of that party receiving votes in the primary in proportion to their respective
vote totals.
new text end

new text begin The secretary of state shall certify to the state chair of each political party appearing on
the primary ballot the number of delegates to which each presidential candidate is entitled.
new text end

new text begin Subd. 2. new text end

new text begin Chosen delegates. new text end

new text begin Delegates to the national convention of each
political party appearing on the primary ballot must be chosen by the state convention
or congressional district convention of that party, except as otherwise provided in this
subdivision. The secretary of each party's state convention or congressional district
convention shall promptly notify the secretary of state of the names of the delegates to the
national convention chosen as supporters of each presidential candidate.
new text end

new text begin Subd. 3. new text end

new text begin Delegate votes. new text end

new text begin At the national convention, delegates chosen because of
their support for a presidential candidate shall vote for that candidate on the first ballot,
unless they have been released from that obligation by the candidate. This subdivision
does not apply to delegates to the extent that it is inconsistent with the rules of the national
party or state party.
new text end

Sec. 13.

Minnesota Statutes 2014, 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 deleted text begin seconddeleted text end new text begin lastnew text end Tuesday in deleted text begin Augustdeleted text end new text begin
March
new text end of any year in which a municipal general election is to be held for the purpose of
electing officers. The date of a municipal primary held in an odd-numbered year may be
postponed for inclement weather as provided in section 205.105.

Sec. 14.

Minnesota Statutes 2014, section 205.065, subdivision 2, is amended to read:


Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance
or resolution adopted by deleted text begin Aprildeleted text end new text begin Octobernew text end 15 in the year new text begin prior to the year new text end when a municipal
general election is held, elect to choose nominees for municipal offices by a primary
as provided in this section. The resolution or ordinance, when adopted, is effective for
all ensuing municipal elections until it is revoked. The municipal clerk shall notify the
secretary of state and the county auditor within 30 days after the adoption of the resolution
or ordinance.

Sec. 15.

Minnesota Statutes 2014, section 205A.03, subdivision 1, is amended to read:


Subdivision 1.

Resolution requiring primary in certain circumstances.

The
school board of a school district may, by resolution adopted by deleted text begin Aprildeleted text end new text begin Octobernew text end 15 of any
year, decide to choose nominees for school board by a primary as provided in this sectionnew text begin
starting in the following calendar year
new text end . The resolution, when adopted, is effective for all
ensuing elections of board members in that school district until it is revoked. If the board
decides to choose nominees by primary and if there are more than two candidates for a
specified school board position or more than twice as many school board candidates as
there are at-large school board positions available, the school district must hold a primary.

Sec. 16.

Minnesota Statutes 2014, section 205A.03, subdivision 2, is amended to read:


Subd. 2.

Date.

The school district primary must be held on the deleted text begin seconddeleted text end new text begin lastnew text end Tuesday
in deleted text begin Augustdeleted text end new text begin Marchnew 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. The date of a
school district primary held in an odd-numbered year may be postponed for inclement
weather as provided in section 205A.055.

Sec. 17.

Minnesota Statutes 2014, 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 deleted text begin seconddeleted text end new text begin lastnew text end Tuesday in deleted text begin Augustdeleted text end new text begin Marchnew text end 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 98th day and no later than the 84th day before the school district general election.

Sec. 18.

Minnesota Statutes 2014, section 205A.11, subdivision 2a, is amended to read:


Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a notice
to the voters who will be voting in a combined polling place for a school district special
election. The notice must include the following information: the date of the election, the
hours of voting, and the location of the voter's polling place. The notice must be sent by
nonforwardable mail to every affected household in the school district with at least one
registered voter. The notice must be mailed no later than 14 days before the election. The
mailed notice is not required for a school district special election that is held on the deleted text begin seconddeleted text end new text begin
last
new text end Tuesday in deleted text begin Augustdeleted text end new text begin Marchnew text end , the Tuesday following the first Monday in November, or
for a special election conducted entirely by mail. In addition, the mailed notice is not
required for voters residing in a township if the school district special election is held on
the second Tuesday in March and the town general election is held on that day. A notice
that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 19.

Minnesota Statutes 2014, section 206.61, subdivision 5, is amended to read:


Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears
on the machines or marking devices used in a municipality substantially an equal number
of times in the first, last, and in each intermediate place in the list or group in which
they belong. However, the arrangement of candidates' names must be the same on all
voting systems used in the same precinct. If the number of names to be alternated exceeds
the number of precincts, the election official responsible for providing the ballots, in
accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision.

The rules adopted by the secretary of state for the rotation of candidate names must
use the number of registered voters in each precinct as of 8:00 a.m. on deleted text begin Maydeleted text end new text begin Decembernew text end 1
of the year new text begin prior to the year new text end when the rotation will be made as the basis for determining the
rotation of names.

Sec. 20.

Minnesota Statutes 2014, 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. Before deleted text begin Maydeleted text end new text begin
December
new text end 1 of 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 Office of MN.IT Services 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. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment, and applies to elections
conducted on or after that date.
new text end