SF 1366

1st Engrossment - 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 204B.41; 204B.44;
204D.19, subdivision 2, by adding a subdivision; 204D.21, by adding a
subdivision; 204D.24, by adding a subdivision; 206.83.

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

Section 1.

Minnesota Statutes 2006, section 204B.41, is amended to read:

204B.41 VACANCY IN NOMINATION; CHANGING BALLOTS.

When a vacancy in nomination occurs through the death or catastrophic illness of a
candidate after the 16th day before deleted text begin the deleted text end new text begin a new text end general new text begin or special new text end election, the officer in charge
of preparing the ballots shall prepare and distribute a sufficient number of separate paper
ballots which shall be headed with the words "OFFICIAL SUPPLEMENTAL BALLOT."
This ballot shall contain the title of the office for which the vacancy in nomination has
been filled and the names of all the candidates nominated for that office. The ballot
shall conform to the provisions governing the printing of other official ballots as far as
practicable. The title of the office and the names of the candidates for that office shall
be blotted out or stricken from the regular ballots by the election judges. The official
supplemental ballot shall be given to each voter when the voter is given the regular ballot
or is directed to the voting machine. Regular ballots shall not be changed nor shall official
supplemental ballots be prepared as provided in this section during the six calendar days
before an election. Absentee ballots that have been mailed prior to the preparation of
official supplemental ballots shall be counted in the same manner as if the vacancy had
not occurred. Both an official supplemental ballot and a replacement regular ballot from
which the title of the office and names of the candidates for that office have been blotted
out or stricken as provided in this section must be provided to each absentee voter or
voter residing in a precinct voting by mail who requests either of them under section
203B.06, subdivision 3. The election judges conducting absentee voting in health care
facilities as provided in section 203B.11, subdivision 1, must deliver official supplemental
ballots and replacement regular ballots to those facilities no later than 5:00 p.m. on the
day before the election.

Sec. 2.

Minnesota Statutes 2006, section 204B.44, is amended to read:

204B.44 ERRORS AND OMISSIONS; REMEDY.

Any individual may file a petition in the manner provided in this section for the
correction of any of the following errors, omissions, or wrongful acts which have occurred
or are about to occur:

(a) an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballot;

(b) any other error in preparing or printing any official ballot;

(c) failure of the chair or secretary of the proper committee of a major political party
to execute or file a certificate of nomination;

(d) any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.

The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court
in the case of an election for state or federal office or any judge of the district court in
that county in the case of an election for county, municipal, or school district office. new text begin A
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 no later than three days
after the last day to file affidavits of candidacy. new text end The petitioner shall serve a copy of the
petition on the officer, board or individual charged with the error, omission, or wrongful
act, and on any other party as required by the court. Upon receipt of the petition the
court shall immediately set a time for a hearing on the matter and order the officer, board
or individual charged with the error, omission or wrongful act to correct the error or
wrongful act or perform the duty or show cause for not doing so. The court shall issue
its findings and a final order for appropriate relief as soon as possible after the hearing.
new text begin No change to the ballot may be made during the seven days before a special primary or
special election. new text end Failure to obey the order is contempt of court.

Sec. 3.

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. 4.

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 A special primary or special election may not
be held on a holiday as defined in section 645.44, subdivision 5, or within five days before
or after a holiday, unless the special primary or special election is being held on the same
day as a regularly scheduled primary or general election.
new text end

Sec. 5.

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 not be held less than 21
days after the last day to file affidavits of candidacy.
new text end

Sec. 6.

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. 7.

Minnesota Statutes 2006, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

Within 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers new text begin ,
except that before a special primary or special election the notice may be posted at least
two days before the test rather than published new text end . The test must be observed by at least
two election judges, who are not of the same major political party, and must be open to
representatives of the political parties, candidates, the press, and the public. The test must
be conducted by (1) processing a preaudited group of ballots punched or marked to record
a predetermined number of valid votes for each candidate and on each question, and must
include for each office one or more ballot cards which have votes in excess of the number
allowed by law in order to test the ability of the voting system tabulator and electronic
ballot marker to reject those votes; and (2) processing an additional test deck of ballots
marked using the electronic ballot marker for the precinct, including ballots marked using
the electronic ballot display, audio ballot reader, and any assistive voting technology used
with the electronic ballot marker. If any error is detected, the cause must be ascertained
and corrected and an errorless count must be made before the voting system may be used
in the election. After the completion of the test, the programs used and ballot cards must
be sealed, retained, and disposed of as provided for paper ballots.