SF 1389

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; moving the state primary from
September to June and making conforming changes;
amending Minnesota Statutes 2004, sections 10A.31,
subdivision 6; 10A.321; 10A.322, subdivision 1;
10A.323; 204B.33; 204D.03, subdivision 1; 205.065,
subdivision 1; 205A.03, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 10A.31,
subdivision 6, is amended to read:

Subd. 6.

Distribution of party accounts.

As soon as the
board has obtained from the secretary of state the results of
the primary election, but no later than one week after
certification by the State Canvassing Board of the results of
the primary, the board must distribute the available money in
each party account, as certified by the commissioner of revenue
deleted text begin on September 1 deleted text end new text begin one week before the state primary new text end , to the
candidates of that party who have signed a spending limit
agreement under section 10A.322 and filed the affidavit of
contributions required by section 10A.323, who were opposed in
either the primary election or the general election, and whose
names are to appear on the ballot in the general election,
according to the allocations set forth in subdivisions 5 and
5a. The public subsidy from the party account may not be paid
in an amount greater than the expenditure limit of the candidate
or the expenditure limit that would have applied to the
candidate if the candidate had not been freed from expenditure
limits under section 10A.25, subdivision 10. If a candidate
files the affidavit required by section 10A.323 deleted text begin after September
1 of the general election year deleted text end new text begin less than one week before the
state primary new text end , the board must pay the candidate's allocation to
the candidate at the next regular payment date for public
subsidies for that election cycle that occurs at least 15 days
after the candidate files the affidavit.

Sec. 2.

Minnesota Statutes 2004, section 10A.321, is
amended to read:

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of
estimates.

The commissioner of revenue must calculate and
certify to the board new text begin one week new text end before deleted text begin July 1 deleted text end new text begin the first day for
filing for office new text end in each election year an estimate of the total
amount in the state general account of the state elections
campaign fund and the amount of money each candidate who
qualifies, as provided in section 10A.31, subdivisions 6 and 7,
may receive from the candidate's party account in the state
elections campaign fund. This estimate must be based upon the
allocations and formulas in section 10A.31, subdivisions 5 and
5a, any necessary vote totals provided by the secretary of state
to apply the formulas in section 10A.31, subdivisions 5 and 5a,
and the amount of money expected to be available after 100
percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification
procedures.

Before the first day of filing for office, the
board must publish and forward to all filing officers the
estimates calculated and certified under subdivision 1 along
with a copy of section 10A.25, subdivision 10. Within deleted text begin seven
days deleted text end new text begin one week new text end after the last day for filing for office, the
secretary of state must certify to the board the name, address,
office sought, and party affiliation of each candidate who has
filed with that office an affidavit of candidacy or petition to
appear on the ballot. The auditor of each county must certify
to the board the same information for each candidate who has
filed with that county an affidavit of candidacy or petition to
appear on the ballot. deleted text begin By August 15 deleted text end new text begin Within two weeks after the
last day for filing for office new text end , the board must notify all
candidates of their estimated minimum amount. The board must
include with the notice a form for the agreement provided in
section 10A.322 along with a copy of section 10A.25, subdivision
10.

Sec. 3.

Minnesota Statutes 2004, section 10A.322,
subdivision 1, is amended to read:

Subdivision 1.

Agreement by candidate.

(a) As a
condition of receiving a public subsidy, a candidate must sign
and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections
10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph
(c); and 10A.324.

(b) Before the first day of filing for office, the board
must forward agreement forms to all filing officers. The board
must also provide agreement forms to candidates on request at
any time. The candidate must file the agreement with the board
deleted text begin by September 1 preceding the candidate's general election or a
special election held at the general election deleted text end new text begin at least one week
before the candidate's state primary new text end . An agreement may not be
filed after that date. An agreement once filed may not be
rescinded.

(c) The board must notify the commissioner of revenue of
any agreement signed under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that
will be filled by means of a special election and the filing
period does not coincide with the filing period for the general
election, a candidate may sign and submit a spending limit
agreement not later than the day after the candidate files the
affidavit of candidacy or nominating petition for the office.

Sec. 4.

Minnesota Statutes 2004, section 10A.323, is
amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be
eligible to receive a public subsidy under section 10A.31 a
candidate or the candidate's treasurer must file an affidavit
with the board stating that during that calendar year the
candidate has accumulated contributions from persons eligible to
vote in this state in at least the amount indicated for the
office sought, counting only the first $50 received from each
contributor:

(1) candidates for governor and lieutenant governor running
together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor,
separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions
that have been received from persons eligible to vote in this
state, disregarding the portion of any contribution in excess of
$50.

The candidate or the candidate's treasurer must submit the
affidavit required by this section to the board in writing deleted text begin by
September 1 of the general election year deleted text end new text begin at least one week
before the state primary new text end .

A candidate for a vacancy to be filled at a special
election for which the filing period does not coincide with the
filing period for the general election must submit the affidavit
required by this section to the board within five days after
filing the affidavit of candidacy.

Sec. 5.

Minnesota Statutes 2004, section 204B.33, is
amended to read:

204B.33 NOTICE OF FILING.

(a) deleted text begin Between June 1 and July 1 in each even numbered year deleted text end new text begin At
least 15 weeks before the state primary new text end , the secretary of state
shall notify each county auditor of the offices to be voted for
in that county at the next state general election for which
candidates file with the secretary of state. The notice shall
include the time and place of filing for those offices. Within
ten days after notification by the secretary of state, each
county auditor shall notify each municipal clerk in the county
of all the offices to be voted for in the county at that
election and the time and place for filing for those offices.
The county auditors and municipal clerks shall promptly post a
copy of that notice in their offices.

(b) At least two weeks before the first day to file an
affidavit of candidacy, the county auditor shall publish a
notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the
closing time for filing on the last day for filing. The county
auditor shall post a similar notice at least ten days before the
first day to file affidavits of candidacy.

Sec. 6.

Minnesota Statutes 2004, section 204D.03,
subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be
held on the first Tuesday deleted text begin after the second Monday deleted text end in
deleted text begin September deleted text end new text begin June new 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 election, other than presidential electors.

Sec. 7.

Minnesota Statutes 2004, 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 first Tuesday after the second Monday in
September of deleted text begin any deleted text end new text begin an odd-numbered new text end year new text begin or on the date of the
state primary in an even-numbered year. The municipal primary
must be held in the same year new text end in which a municipal general
election is to be held for the purpose of electing officers.

Sec. 8.

Minnesota Statutes 2004, section 205A.03,
subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held
on the first Tuesday after the second Monday in September new text begin of an
odd-numbered year or on the date of the state primary in an
even-numbered year. The primary must be held new 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.

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for the state primary in 2006 and
thereafter.
new text end