SF 1321

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:13pm

A bill for an act
relating to elections; allowing local governments to require write-in candidates to
request votes for the candidate to be counted; amending Minnesota Statutes 2018,
section 204B.09, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 204B.09, subdivision 3, is amended to read:

Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. deleted text begin No deleted text end new text begin The filing officer shall not accept a new text end written request deleted text begin shall
be accepted deleted text end later than 5:00 p.m. on the last day for filing a written request.

new text begin (b) The governing body of a statutory or home rule charter city, town, school district,
or other locally elected body may require by resolution that a candidate for local elective
office file a written request with the chief election official at least seven days before an
election that includes the office if the candidate wishes to have the candidate's write-in votes
individually recorded; or a governing body of a statutory or home rule charter city, town,
school district, or other locally elected body may require by resolution that write-in votes
for an individual candidate only be individually recorded if the total number of write-in
votes for that candidate is equal to or greater than the fewest number of non-write-in votes
for a ballot candidate. The governing body of the statutory or home rule charter city, town,
school district, or other locally elected body must adopt a resolution authorized by this
paragraph before the first day of filing for office. A resolution adopted under this paragraph
remains in effect until a subsequent resolution on the same subject is adopted by the
governing body of the statutory or home rule charter city, town, school district, or other
locally elected body. For local elections where no candidates have filed a request to have
the candidate's write-in votes counted, the statutory or home rule charter city, town, school
district, or other locally elected body must individually record and count every write-in
vote.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

deleted text begin (c) deleted text end new text begin (d) new text end A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.