SF 1327

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; creating an open primary with 
  1.3             party designation for partisan offices; limiting party 
  1.4             designations to endorsed candidates; allowing minor 
  1.5             parties the exclusive use of their names; limiting the 
  1.6             general election for partisan offices to the top three 
  1.7             candidates nominated at the primary; amending 
  1.8             Minnesota Statutes 1994, sections 10A.01, subdivision 
  1.9             13; 10A.31, subdivisions 3 and 3a; 200.02, subdivision 
  1.10            7, and by adding a subdivision; 202A.11, subdivision 
  1.11            2; 202A.12, subdivision 1; 204B.03; 204B.04, 
  1.12            subdivision 2; 204B.06, subdivisions 1 and 2; 204B.07, 
  1.13            subdivisions 1 and 4; 204B.09, subdivision 1; 204B.10, 
  1.14            subdivision 4; 204B.13, subdivision 1; 204C.21, 
  1.15            subdivision 3; 204C.32, subdivision 1; 204D.03, 
  1.16            subdivision 1; 204D.05, subdivision 1; 204D.07, 
  1.17            subdivision 3; 204D.08, subdivisions 3 and 4; 204D.10, 
  1.18            subdivision 1; 204D.12; 204D.13, subdivision 2; 
  1.19            204D.20, subdivisions 1 and 2; 204D.23, subdivisions 
  1.20            1, 2, and 3; 204D.28, subdivision 9; 206.74, 
  1.21            subdivision 2; and 206.84, subdivision 3; repealing 
  1.22            Minnesota Statutes 1994, sections 204D.08, subdivision 
  1.23            5; 204D.10, subdivision 2; 204D.13, subdivision 3; 
  1.24            204D.20, subdivision 3; and 206.56, subdivision 11. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1994, section 10A.01, 
  1.27  subdivision 13, is amended to read: 
  1.28     Subd. 13.  "Minor political party" means any party other 
  1.29  than a major political party: 
  1.30     (a) Under whose name in the last applicable general 
  1.31  election a candidate filed for legislative office and received 
  1.32  not less than ten percent of the vote for that office, or filed 
  1.33  for statewide office; or 
  1.34     (b) Which files a petition with the secretary of state 
  1.35  containing the names of 2,000 individuals registered to vote in 
  2.1   Minnesota and declaring that the signers desire that the party 
  2.2   be eligible to receive money from the state elections campaign 
  2.3   fund in the same manner as a major political party. 
  2.4      For the purposes of this chapter, all individuals who are 
  2.5   eligible to vote in areas where there is no permanent system of 
  2.6   registration shall be considered registered voters has the 
  2.7   meaning given in section 200.02, subdivision 7a. 
  2.8      Sec. 2.  Minnesota Statutes 1994, section 10A.31, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [FORM.] The commissioner of the department of 
  2.11  revenue shall provide on the first page of the income tax form 
  2.12  and the renter and homeowner property tax refund return a space 
  2.13  for the individual to indicate a wish to allocate $5 ($10 if 
  2.14  filing a joint return) from the general fund of the state to 
  2.15  finance election campaigns.  The form shall also contain 
  2.16  language prepared by the commissioner which permits the 
  2.17  individual to direct the state to allocate the $5 (or $10 if 
  2.18  filing a joint return) to:  (i) one of the major political 
  2.19  parties; (ii) any minor political party as defined in section 
  2.20  10A.01, subdivision 13, which that qualifies under the 
  2.21  provisions of subdivision 3a; or (iii) all qualifying candidates 
  2.22  as provided by subdivision 7.  The renter and homeowner property 
  2.23  tax refund return shall include instructions that the individual 
  2.24  filing the return may designate $5 on the return only if the 
  2.25  individual has not designated $5 on the income tax return. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 10A.31, 
  2.27  subdivision 3a, is amended to read: 
  2.28     Subd. 3a.  A minor political party as defined in section 
  2.29  10A.01, subdivision 13 qualifies for inclusion on the income tax 
  2.30  form and property tax refund return as provided in subdivision 
  2.31  3, provided that 
  2.32     (1) (a) if a petition is filed, it is filed by June 1 of 
  2.33  the taxable year; or 
  2.34     (b) if the party ran a candidate for statewide office, that 
  2.35  office must have been the office of governor and lieutenant 
  2.36  governor, secretary of state, state auditor, state treasurer, or 
  3.1   attorney general; and 
  3.2      (2) the secretary of state certifies to the commissioner of 
  3.3   revenue by July 1, 1984, and by July 1 of every odd-numbered 
  3.4   year thereafter the parties which qualify as minor political 
  3.5   parties under this subdivision.  
  3.6      A minor party shall be certified only if the secretary of 
  3.7   state determines that the party satisfies the following 
  3.8   conditions:  
  3.9      (a) the party meets the requirements of section 10A.01, 
  3.10  subdivision 13, and in the last applicable election ran a 
  3.11  candidate for the statewide offices listed in clause (1)(b) of 
  3.12  this subdivision; 
  3.13     (b) it is a political party, not a principal campaign 
  3.14  committee; and 
  3.15     (c) it has held a state convention in the last two years, 
  3.16  adopted a state constitution, and elected state officers; and 
  3.17     (d) (b) an officer of the party has filed with the 
  3.18  secretary of state a certification that the party held a state 
  3.19  convention in the last two years, adopted a state constitution, 
  3.20  and elected state officers, as required by section 202A.12. 
  3.21     Sec. 4.  Minnesota Statutes 1994, section 200.02, 
  3.22  subdivision 7, is amended to read: 
  3.23     Subd. 7.  [MAJOR POLITICAL PARTY.] "Major political party" 
  3.24  means a political party that maintains a party organization in 
  3.25  the state, political division or precinct in question and: 
  3.26     (a) Which has presented at least one candidate for election 
  3.27  to a partisan office at the last preceding state general 
  3.28  election, which candidate received votes in each county in that 
  3.29  election and received votes from not less than five percent of 
  3.30  the total number of individuals who voted in that election; or 
  3.31     (b) Whose members present to the secretary of state a 
  3.32  petition for a place on the state partisan primary 
  3.33  ballot recognition as a major political party, which petition 
  3.34  contains signatures of a number of the party members equal to at 
  3.35  least five percent of the total number of individuals who voted 
  3.36  in the preceding state general election. 
  4.1      Sec. 5.  Minnesota Statutes 1994, section 200.02, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 7a.  [MINOR POLITICAL PARTY.] "Minor political party" 
  4.4   means a political party, other than a major political party, 
  4.5   that maintains a party organization in the state, political 
  4.6   division, or precinct in question and: 
  4.7      (1) under whose name in the last applicable general 
  4.8   election a candidate filed for statewide or legislative office 
  4.9   and received not less than ten percent of the vote for that 
  4.10  office; or 
  4.11     (2) that has filed with the secretary of state in the last 
  4.12  or current general election year no later than 15 weeks before 
  4.13  the state primary election a petition containing the names of 
  4.14  2,000 party members eligible to vote in this state requesting 
  4.15  that the party be recognized as a minor political party. 
  4.16     Sec. 6.  Minnesota Statutes 1994, section 202A.11, 
  4.17  subdivision 2, is amended to read: 
  4.18     Subd. 2.  [RIGHT TO USE.] A major or minor political party 
  4.19  which has adopted a party name is entitled to the exclusive use 
  4.20  of that name for the designation of its candidates on all 
  4.21  ballots, and no candidate of any other political party is 
  4.22  entitled to have that name printed on a ballot as a party 
  4.23  designation any part of that name.  In addition to the exclusive 
  4.24  use of its name, a major or minor political party may have the 
  4.25  exclusive use of one word, and any variations of that word, that 
  4.26  is part of its name by registering that word and its variations 
  4.27  with the secretary of state, except that no political party may 
  4.28  have the exclusive use of the word "independent." 
  4.29     Sec. 7.  Minnesota Statutes 1994, section 202A.12, 
  4.30  subdivision 1, is amended to read: 
  4.31     Subdivision 1.  [TIME OF CONVENTION.] The final authority 
  4.32  over the affairs of each major or minor political party is 
  4.33  vested in the party's state convention to, which must be held to 
  4.34  elect state officers and conduct other business at least once 
  4.35  every state general election year at the call of the state 
  4.36  central committee. 
  5.1      Sec. 8.  Minnesota Statutes 1994, section 204B.03, is 
  5.2   amended to read: 
  5.3      204B.03 [MANNER OF NOMINATION.] 
  5.4      Candidates of a major political party for any partisan 
  5.5   office except presidential elector and all candidates for 
  5.6   nonpartisan office shall apply for a place on the primary ballot 
  5.7   by filing an affidavit of candidacy as provided in section 
  5.8   204B.06, and except as otherwise provided in section 204D.07, 
  5.9   subdivision 3, shall be nominated by primary.  Candidates for 
  5.10  any partisan office who do not seek the nomination of a major 
  5.11  political party shall be nominated by nominating petition as 
  5.12  provided in sections 204B.07 and 204B.08, and, except for 
  5.13  presidential elector candidates, shall file an affidavit of 
  5.14  candidacy as provided in section 204B.06.  
  5.15     Sec. 9.  Minnesota Statutes 1994, section 204B.04, 
  5.16  subdivision 2, is amended to read: 
  5.17     Subd. 2.  [CANDIDATES SEEKING NOMINATION BY PRIMARY.] No 
  5.18  individual who seeks nomination for any partisan or nonpartisan 
  5.19  office at a primary shall be nominated for the same office by 
  5.20  nominating petition, except as otherwise provided for partisan 
  5.21  offices in section 204D.10, subdivision 2, and for nonpartisan 
  5.22  offices in section 204B.13, subdivision 4. 
  5.23     Sec. 10.  Minnesota Statutes 1994, section 204B.06, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [FORM OF AFFIDAVIT.] An affidavit of 
  5.26  candidacy shall state the name of the office sought and shall 
  5.27  state that the candidate:  
  5.28     (a) is an eligible voter; 
  5.29     (b) has no other affidavit on file as a candidate for any 
  5.30  office at the same primary or next ensuing general election; and 
  5.31     (c) is, or will be on assuming the office, 21 years of age 
  5.32  or more, and will have maintained residence in the district from 
  5.33  which the candidate seeks election for 30 days before the 
  5.34  general election. 
  5.35     An affidavit of candidacy must include a statement that the 
  5.36  candidate's name as written on the affidavit for ballot 
  6.1   designation is the candidate's true name or the name by which 
  6.2   the candidate is commonly and generally known in the community. 
  6.3      An affidavit of candidacy for partisan office shall may 
  6.4   also state the name of the candidate's political party, if the 
  6.5   candidate has been endorsed by a political party as provided in 
  6.6   subdivision 2, or political principle, stated in three words or 
  6.7   less.  A candidate who was not endorsed by a major or minor 
  6.8   political party as provided in subdivision 2 may not use the 
  6.9   name or part of the name of that major or minor political party, 
  6.10  as provided in section 202A.11, subdivision 2, to designate the 
  6.11  candidate's political party or principle.  The word "independent"
  6.12  may be used to designate the party or principle.  A candidate 
  6.13  who files for partisan office may not use the word "nonpartisan" 
  6.14  as the name of the candidate's political party or statement of 
  6.15  political principle. 
  6.16     Sec. 11.  Minnesota Statutes 1994, section 204B.06, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [MAJOR PARTY CANDIDATES.] A candidate who 
  6.19  seeks the nomination of a major to be shown on the primary 
  6.20  ballot as a candidate of a political party for a partisan office 
  6.21  shall state on the affidavit of candidacy that the 
  6.22  candidate either participated in that party's most recent 
  6.23  precinct caucus or intends to vote for a majority of that 
  6.24  party's candidates at the next ensuing general election was 
  6.25  endorsed by the party at the appropriate endorsing convention 
  6.26  according to the party rules.  
  6.27     Sec. 12.  Minnesota Statutes 1994, section 204B.07, 
  6.28  subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [FORM OF PETITION.] A nominating petition 
  6.30  to fill a vacancy in nomination for a nonpartisan office may 
  6.31  consist of one or more separate pages each of which shall state: 
  6.32     (a) the office sought; and 
  6.33     (b) the candidate's name and residence address, including 
  6.34  street and number if any; and. 
  6.35     (c) the candidate's political party or political principle 
  6.36  expressed in not more than three words.  No candidate who files 
  7.1   for a partisan office by nominating petition shall use the term 
  7.2   "nonpartisan" as a statement of political principle or the name 
  7.3   of the candidate's political party.  No part of the name of a 
  7.4   major political party may be used to designate the political 
  7.5   party or principle of a candidate who files for a partisan 
  7.6   office by nominating petition, except that the word 
  7.7   "independent" may be used to designate the party or principle. 
  7.8      A The candidate who files by nominating petition to fill a 
  7.9   vacancy in nomination for a nonpartisan office pursuant to 
  7.10  section 204B.13, shall not state any political principle or the 
  7.11  name of any political party on the petition.  
  7.12     Sec. 13.  Minnesota Statutes 1994, section 204B.07, 
  7.13  subdivision 4, is amended to read: 
  7.14     Subd. 4.  [OATH AND ADDRESS OF SIGNER.] Following the 
  7.15  information required by subdivisions 1 and 2 and before the 
  7.16  space for signing, each separate page that is part of the 
  7.17  petition shall include an oath in the following form:  
  7.18     "I solemnly swear (or affirm) that I know the contents and 
  7.19  purpose of this petition, that I do not intend to vote at the 
  7.20  primary election for the office for which this nominating 
  7.21  petition is made, and that I signed this petition of my own free 
  7.22  will.  
  7.23     Notarization or certification of the signatures on a 
  7.24  nominating petition is not required.  Immediately after the 
  7.25  signature, the signer shall write on the petition the signer's 
  7.26  residence address including street and number, if any, and 
  7.27  mailing address if different from residence address.  
  7.28     Sec. 14.  Minnesota Statutes 1994, section 204B.09, 
  7.29  subdivision 1, is amended to read: 
  7.30     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  7.31  ELECTIONS.] Except as otherwise provided by this subdivision, 
  7.32  affidavits of candidacy and nominating petitions for county, 
  7.33  state, and federal offices filled at the state general election 
  7.34  shall be filed not more than 70 days ten weeks nor less than 56 
  7.35  days eight weeks before the state primary.  The affidavit may be 
  7.36  prepared and signed at any time between 60 days before the 
  8.1   filing period opens and the last day of the filing period.  
  8.2   Notwithstanding other law to the contrary, the affidavit of 
  8.3   candidacy must be signed in the presence of a notarial officer.  
  8.4   Candidates for presidential electors may file petitions on or 
  8.5   before the state primary day.  Nominating petitions to fill 
  8.6   vacancies in nominations shall be filed as provided in section 
  8.7   204B.13.  No affidavit or petition shall be accepted later than 
  8.8   5:00 p.m. on the last day for filing.  Affidavits and petitions 
  8.9   for offices to be voted on in only one county shall be filed 
  8.10  with the county auditor of that county.  Affidavits and 
  8.11  petitions for offices to be voted on in more than one county 
  8.12  shall be filed with the secretary of state. 
  8.13     Sec. 15.  Minnesota Statutes 1994, section 204B.10, 
  8.14  subdivision 4, is amended to read: 
  8.15     Subd. 4.  [CERTIFICATION.] The secretary of state shall 
  8.16  certify to the county auditor of each county the names of all 
  8.17  candidates nominated by petitions filed with the secretary of 
  8.18  state.  Certification shall be made at the same time as the 
  8.19  secretary of state certifies the names of candidates who are 
  8.20  nominated at the primary as soon as the vacancy in nomination is 
  8.21  filled, as provided in section 204B.13, subdivision 4. 
  8.22     Sec. 16.  Minnesota Statutes 1994, section 204B.13, 
  8.23  subdivision 1, is amended to read: 
  8.24     Subdivision 1.  [DEATH OR WITHDRAWAL.] A vacancy in 
  8.25  nomination may be filled in the manner provided by this 
  8.26  section.  A vacancy in nomination exists when:  
  8.27     (a) a major political party candidate or nonpartisan 
  8.28  candidate who was nominated at a primary dies or files an 
  8.29  affidavit of withdrawal as provided in section 204B.12, 
  8.30  subdivision 2a; or 
  8.31     (b) a candidate for a nonpartisan office, for which one or 
  8.32  two candidates filed, dies or files an affidavit of withdrawal 
  8.33  as provided in section 204B.12, subdivision 1.  
  8.34     Sec. 17.  Minnesota Statutes 1994, section 204C.21, 
  8.35  subdivision 3, is amended to read: 
  8.36     Subd. 3.  [PRIMARY.] At a primary the election judges shall 
  9.1   first separate the partisan ballots by major political party and 
  9.2   then count the votes for each office on the partisan primary 
  9.3   ballot as provided in subdivision 1.  The nonpartisan primary 
  9.4   ballots shall be counted separately after the partisan primary 
  9.5   ballots have been counted. 
  9.6      Sec. 18.  Minnesota Statutes 1994, section 204C.32, 
  9.7   subdivision 1, is amended to read: 
  9.8      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
  9.9   board shall meet at the county auditor's office at 10:00 a.m. on 
  9.10  or before the third day following the state primary.  After 
  9.11  taking the oath of office, the canvassing board shall publicly 
  9.12  canvass the election returns delivered to the county auditor.  
  9.13  The board shall complete the canvass by the evening of the sixth 
  9.14  day following the election and shall promptly prepare and file 
  9.15  with the county auditor a report that states:  
  9.16     (a) the number of individuals voting at the election in the 
  9.17  county, and in each precinct; 
  9.18     (b) the number of individuals registering to vote on 
  9.19  election day and the number of individuals registered before 
  9.20  election day in each precinct; 
  9.21     (c) For each major political party, the names of the 
  9.22  candidates running for each partisan office and the number of 
  9.23  votes received by each candidate in the county and in each 
  9.24  precinct; 
  9.25     (d) the names of the candidates of each major political 
  9.26  party for partisan office who are nominated; and 
  9.27     (e) the number of votes received by each of the candidates 
  9.28  for nonpartisan office in each precinct in the county and the 
  9.29  names of the candidates nominated for nonpartisan office.  
  9.30     Upon completion of the canvass, the county auditor shall 
  9.31  mail or deliver a notice of nomination to each nominee voted for 
  9.32  only in that county.  The county auditor shall transmit one of 
  9.33  the certified copies of the county canvassing board report for 
  9.34  state and federal offices to the secretary of state by express 
  9.35  mail or similar service immediately upon conclusion of the 
  9.36  county canvass.  
 10.1      Sec. 19.  Minnesota Statutes 1994, section 204D.03, 
 10.2   subdivision 1, is amended to read: 
 10.3      Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
 10.4   held on the first Tuesday after the second Monday in September 
 10.5   in each even-numbered year to select the nominees of the major 
 10.6   political parties for partisan offices and the nominees for 
 10.7   nonpartisan offices to be filled at the state general election, 
 10.8   other than presidential electors.  
 10.9      Sec. 20.  Minnesota Statutes 1994, section 204D.05, 
 10.10  subdivision 1, is amended to read: 
 10.11     Subdivision 1.  [STATE PARTISAN PRIMARY BALLOT.] The state 
 10.12  partisan primary ballot shall contain the names of the 
 10.13  candidates seeking the nomination of each major political party 
 10.14  for the partisan offices filled at the state general election.  
 10.15     Sec. 21.  Minnesota Statutes 1994, section 204D.07, 
 10.16  subdivision 3, is amended to read: 
 10.17     Subd. 3.  [EXCEPTION; CERTAIN NONPARTISAN CANDIDATE.] If 
 10.18  not more than three times the number of individuals to be 
 10.19  elected to a partisan office file for the nomination, their 
 10.20  names and the name of the office shall be omitted from the state 
 10.21  partisan primary ballot and the candidates who filed shall be 
 10.22  the nominees.  If not more than twice the number of individuals 
 10.23  to be elected to a nonpartisan office file for the nomination, 
 10.24  their names and the name of the office shall be omitted from the 
 10.25  state and county nonpartisan primary ballot and the candidates 
 10.26  who filed shall be the nominees.  
 10.27     Sec. 22.  Minnesota Statutes 1994, section 204D.08, 
 10.28  subdivision 3, is amended to read: 
 10.29     Subd. 3.  [ROTATION OF NAMES.] (a) On state primary ballots 
 10.30  for nomination to a partisan office, the names of candidates who 
 10.31  have been endorsed by a major political party shall be listed at 
 10.32  the top, followed by the names of candidates who have been 
 10.33  endorsed by a minor political party, followed by all other 
 10.34  candidates.  Within those three groups, the name of each 
 10.35  candidate shall be rotated with the names of the other 
 10.36  candidates in that group so that the name of each candidate 
 11.1   appears substantially an equal number of times at the top, at 
 11.2   the bottom, and at each intermediate place in that group of 
 11.3   candidates.  
 11.4      (b) On state primary ballots the name of each candidate for 
 11.5   nomination to a partisan or nonpartisan office shall be rotated 
 11.6   with the names of the other candidates for nomination to that 
 11.7   office so that the name of each candidate appears substantially 
 11.8   an equal number of times at the top, at the bottom, and at each 
 11.9   intermediate place in that group of candidates. 
 11.10     Sec. 23.  Minnesota Statutes 1994, section 204D.08, 
 11.11  subdivision 4, is amended to read: 
 11.12     Subd. 4.  [STATE PARTISAN PRIMARY BALLOT; PARTY COLUMNS.] 
 11.13  The state partisan primary ballot shall be headed by the words 
 11.14  "State Partisan Primary Ballot."  The ballot shall be printed on 
 11.15  white paper.  There must be at least three vertical columns on 
 11.16  the ballot and each major political party shall have a separate 
 11.17  column headed by the words ".......... Party," giving the party 
 11.18  name.  Above the party names, the following statement shall be 
 11.19  printed.  
 11.20     "Minnesota election law permits you to vote for the 
 11.21  candidates of only one political party in a state partisan 
 11.22  primary election." 
 11.23     If there are only two major political parties to be listed 
 11.24  on the ballot, one party must occupy the left-hand column, the 
 11.25  other party must occupy the right-hand column, and the center 
 11.26  column must contain the following statement:  
 11.27     "Do not vote for candidates of more than one party."  
 11.28     The names of the candidates seeking the nomination of each 
 11.29  major political party shall be listed in that party's column.  
 11.30  If only one individual files an affidavit of candidacy seeking 
 11.31  the nomination of a major political party for an office, the 
 11.32  name of that individual shall be placed on the state partisan 
 11.33  primary ballot at the appropriate location in that party's 
 11.34  column.  
 11.35     In each column, The candidates for senator in Congress 
 11.36  shall be listed first, candidates for representative in Congress 
 12.1   second, candidates for state senator third, candidates for state 
 12.2   representative fourth and then candidates for state office in 
 12.3   the order specified by the secretary of state.  
 12.4      The party columns shall be substantially the same in width, 
 12.5   type, and appearance.  The columns shall be separated by a 
 12.6   12-point solid line. 
 12.7      Sec. 24.  Minnesota Statutes 1994, section 204D.10, 
 12.8   subdivision 1, is amended to read: 
 12.9      Subdivision 1.  [PARTISAN OFFICES; NOMINEES.] The candidate 
 12.10  for nomination of a major political party candidates for a 
 12.11  partisan office on the state partisan primary ballot who 
 12.12  receives receive the highest, second highest, and third highest 
 12.13  number of votes shall be the nominee of that political 
 12.14  party nominees for that office, except as otherwise provided in 
 12.15  subdivision 2. 
 12.16     Sec. 25.  Minnesota Statutes 1994, section 204D.12, is 
 12.17  amended to read: 
 12.18     204D.12 [NAMES PLACED ON GENERAL ELECTION BALLOTS.] 
 12.19     Without payment of an additional fee, the county auditor 
 12.20  shall place on the appropriate state general election ballot the 
 12.21  name of every candidate:  
 12.22     (a) whose nomination at the state primary has been 
 12.23  certified by the appropriate canvassing board; 
 12.24     (b) who has been nominated by petition to fill a vacancy in 
 12.25  nomination as provided in section 204B.13, including candidates 
 12.26  certified by the secretary of state; and 
 12.27     (c) who was nominated and whose name was omitted from the 
 12.28  state nonpartisan primary ballot pursuant to section 204D.07, 
 12.29  subdivision 3.  Only the names of duly nominated candidates may 
 12.30  be placed on a ballot.  
 12.31     Sec. 26.  Minnesota Statutes 1994, section 204D.13, 
 12.32  subdivision 2, is amended to read: 
 12.33     Subd. 2.  [ORDER OF POLITICAL PARTIES CANDIDATES.] The 
 12.34  first name printed for each partisan office on the white ballot 
 12.35  shall be that of the candidate of the major political party that 
 12.36  received the smallest average highest number of votes at the 
 13.1   last state general primary election.  The succeeding names shall 
 13.2   be those of the candidates of the other major political parties 
 13.3   that received a succeedingly higher average the second and third 
 13.4   highest number of votes respectively.  For the purposes of this 
 13.5   subdivision, the average number of votes of a major political 
 13.6   party shall be computed by dividing the total number of votes 
 13.7   counted for all of the party's candidates for statewide office 
 13.8   at the state general election by the number of those candidates 
 13.9   at the election.  
 13.10     On voting machines the first name printed for each office 
 13.11  means the position nearest the top or left edge of the machine, 
 13.12  whichever applies.  
 13.13     Sec. 27.  Minnesota Statutes 1994, section 204D.20, 
 13.14  subdivision 1, is amended to read: 
 13.15     Subdivision 1.  [SPECIAL PRIMARY.] Except as provided in 
 13.16  subdivision 2, the candidates of the major political parties to 
 13.17  fill a vacancy shall be nominated at a special primary.  The 
 13.18  candidate of each party who receives candidates who receive the 
 13.19  highest, second highest, and third highest number of votes at 
 13.20  the special primary shall be nominated without reference to the 
 13.21  ten percent requirement of section 204D.10, subdivision 2.  
 13.22     Sec. 28.  Minnesota Statutes 1994, section 204D.20, 
 13.23  subdivision 2, is amended to read: 
 13.24     Subd. 2.  [NO SPECIAL PRIMARY; WHEN.] No special primary 
 13.25  shall be held to nominate candidates to fill a vacancy if 
 13.26  only one individual from each major political party files three 
 13.27  individuals file as a candidate candidates for that party's 
 13.28  nomination.  In that case, the individuals who have filed are 
 13.29  nominated.  
 13.30     Sec. 29.  Minnesota Statutes 1994, section 204D.23, 
 13.31  subdivision 1, is amended to read: 
 13.32     Subdivision 1.  [PLACE AND MANNER OF FILING.] Candidates 
 13.33  for nomination to fill a vacancy at a special primary shall file 
 13.34  their affidavits of candidacy and nominating petitions with the 
 13.35  same officers and in the same manner and shall pay the same fees 
 13.36  as provided by law for candidates for like offices at the state 
 14.1   primary.  
 14.2      Sec. 30.  Minnesota Statutes 1994, section 204D.23, 
 14.3   subdivision 2, is amended to read: 
 14.4      Subd. 2.  [TIME OF FILING.] Except as provided in 
 14.5   subdivision 3, the affidavits and petitions shall be filed no 
 14.6   later than the seventh day before the special primary.  
 14.7      Sec. 31.  Minnesota Statutes 1994, section 204D.23, 
 14.8   subdivision 3, is amended to read: 
 14.9      Subd. 3.  [FILING AT REGULAR TIME.] If a vacancy occurs 
 14.10  before the opening of the time for filing affidavits of 
 14.11  candidacy for the state primary and the special primary is held 
 14.12  on the same day as the state primary, the affidavits and 
 14.13  petitions shall be filed during the time for filing affidavits 
 14.14  for the state primary.  
 14.15     Sec. 32.  Minnesota Statutes 1994, section 204D.28, 
 14.16  subdivision 9, is amended to read: 
 14.17     Subd. 9.  [FILING BY CANDIDATES.] The time for filing of 
 14.18  affidavits and nominating petitions for candidates to fill a 
 14.19  vacancy at a special election shall open six weeks before the 
 14.20  special primary or on the day the secretary of state issues 
 14.21  notice of the special election, whichever occurs later.  Filings 
 14.22  shall close four weeks before the special primary.  
 14.23     Sec. 33.  Minnesota Statutes 1994, section 206.74, 
 14.24  subdivision 2, is amended to read: 
 14.25     Subd. 2.  [CHANGING PARTY CHOICE OR RETRACTING VOTE.] A 
 14.26  voter at a primary who has entered the voting machine booth, set 
 14.27  the primary lever of a major political party to release the 
 14.28  candidates of the party for voting, and turned down levers over 
 14.29  the names of candidates, but has not yet recorded votes for any 
 14.30  candidates, may enter the primary of a different major political 
 14.31  party by so informing the election judges.  In a general 
 14.32  election, a voter who has cast a write-in vote may retract it by 
 14.33  informing the judges.  In either case All the judges shall go to 
 14.34  the machine and shall see that all voting levers have been 
 14.35  returned to the unvoted position or that any write-in vote has 
 14.36  been removed, crossed out, or erased, so that no votes may be 
 15.1   cast for any candidates or on any questions.  The voter shall 
 15.2   then be permitted to return the operating lever to its original 
 15.3   position and start from the beginning.  A change from one major 
 15.4   political party to another in a primary or The retraction of a 
 15.5   write-in vote in a general election shall be noted by the 
 15.6   election judges.  In each of these cases All the election judges 
 15.7   shall sign a certificate stating what was done, and the 
 15.8   certificate shall be included with the official returns of the 
 15.9   primary.  
 15.10     Sec. 34.  Minnesota Statutes 1994, section 206.84, 
 15.11  subdivision 3, is amended to read: 
 15.12     Subd. 3.  [BALLOTS.] The ballot information, whether placed 
 15.13  on the ballot card or on the ballot booklet must, as far as 
 15.14  practicable, be in the same order provided for paper ballots, 
 15.15  except that the information may be in vertical or horizontal 
 15.16  rows, or on a number of separate pages.  The secretary of state 
 15.17  shall provide by rule for standard ballot formats for electronic 
 15.18  voting systems.  
 15.19     The pages of a partisan primary ballot booklet must be 
 15.20  different colors for different parties.  The colors available 
 15.21  for partisan primary ballot booklet pages are purple, orange, 
 15.22  and buff.  The chairs of the major political parties shall 
 15.23  choose from among those colors in a random drawing conducted by 
 15.24  the secretary of state.  A color chosen by a party is 
 15.25  permanently assigned to that party. 
 15.26     A partisan primary ballot booklet must be designed to 
 15.27  include a form of party indicator by which the voter may choose 
 15.28  the party in whose primary the voter intends to vote. 
 15.29     All pages of a party's primary ballot must be consecutive, 
 15.30  without the insertion of pages from another party.  Partisan 
 15.31  primary ballot booklets must contain a prominent notice of the 
 15.32  effect of attempting to vote in more than one party's primary.  
 15.33  A separate ballot booklet may also be used for each party in a 
 15.34  partisan primary.  
 15.35     Ballots for all questions must be provided in the same 
 15.36  manner.  Where ballot booklets are placed in a marking device, 
 16.1   they shall be arranged on or in the marking device in the places 
 16.2   provided.  Ballot cards may contain special printed marks and 
 16.3   holes as required for proper positioning and reading of the 
 16.4   ballots by electronic vote counting equipment.  Ballot cards 
 16.5   must contain an identification of the precinct for which they 
 16.6   have been prepared which can be read visually and which can be 
 16.7   tabulated by the automatic tabulating equipment. 
 16.8      Sec. 35.  [REPEALER.] 
 16.9      Minnesota Statutes 1994, sections 204D.08, subdivision 5; 
 16.10  204D.10, subdivision 2; 204D.13, subdivision 3; 204D.20, 
 16.11  subdivision 3; and 206.56, subdivision 11, are repealed.