SF 1366

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; changing special primary and special election requirements
and provisions; amending Minnesota Statutes 2006, sections 204D.19,
subdivision 2, by adding a subdivision; 204D.21, by adding a subdivision;
204D.22, subdivision 3; 204D.24, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 206.

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

Section 1.

Minnesota Statutes 2006, section 204D.19, subdivision 2, is amended to
read:

Subd. 2.

Special election when the Congress or legislature will be in session.

Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 33rd day prior to the opening day of session
in the succeeding even-numbered year, when a vacancy occurs and the Congress or
legislature will be in session so that the individual elected as provided by this section
could take office and exercise the duties of the office immediately upon election, the
governor shall issue within five days after the vacancy occurs a writ calling for a special
election. The special election shall be held as soon as possible, consistent with the notice
requirements of section 204D.22, subdivision 3, but in no event more than deleted text begin 28 deleted text end new text begin 42 new text end days
after the issuance of the writ.

Sec. 2.

Minnesota Statutes 2006, section 204D.19, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Timing of special election. new text end

new text begin No special primary or special election may
be held on the date of a state holiday, within two days of a state holiday, or between
December 24 and January 2 of any year.
new text end

Sec. 3.

Minnesota Statutes 2006, section 204D.21, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Date of special primary. new text end

new text begin A special primary may be conducted no earlier
than 21 days after the last day to file affidavits of candidacy.
new text end

Sec. 4.

Minnesota Statutes 2006, section 204D.22, subdivision 3, is amended to read:

Subd. 3.

Notice of special election.

The county auditor of a county in which a
special election is to be held shall direct the clerk of each municipality in which the
election is to be held to post a notice of the special primary and special election at least
seven days before the special primary and at least 14 days before the special election in
the manner provided in sections 204B.33 and 204B.34. If the special primary is to be
held 14 days before the special election, a single notice of both elections may be posted
seven days before the primary.

When the special primary or special election is to be held on the same day as any
other election, notice of the special primary or special election may be included in the
notice of the other election, if practicable. new text begin The notice required by section 206.83 may be
posted at least two days before the date of the test of voting systems in place of publication.
new text end

Sec. 5.

Minnesota Statutes 2006, section 204D.24, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Replacement absentee ballots. new text end

new text begin If a supplemental ballot is required as
provided in section 204B.41, a replacement ballot must be provided to each absentee
ballot applicant who requests it.
new text end

Sec. 6.

new text begin [206.255] SPECIAL ELECTIONS; ERRORS AND OMISSIONS
PETITIONS.
new text end

new text begin An errors and omissions petition relating to the placement of a candidate on the
special primary or special election ballot or the manner in which the ballot is prepared
must be filed with the appropriate court no later than three days after the last day to file
affidavits of candidacy. No changes to the ballot may be made during the seven days
prior to a special primary or special election.
new text end