SF 1508

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; increasing the penalty for 
  1.3             certain voters who vote in the wrong precinct; 
  1.4             changing certain recount requirements and procedures; 
  1.5             changing provisions for meeting of presidential 
  1.6             electors; amending Minnesota Statutes 2000, sections 
  1.7             201.016, subdivision 1a; 204C.35; 204C.36, 
  1.8             subdivisions 1 and 3; 208.06; 208.08; and 209.065.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 201.016, 
  1.11  subdivision 1a, is amended to read: 
  1.12     Subd. 1a.  [VIOLATIONS; PENALTY.] (a) The county auditor 
  1.13  shall mail a violation notice to any voter who the county 
  1.14  auditor can determine has voted in a precinct other than the 
  1.15  precinct in which the voter maintains residence.  The notice 
  1.16  must be in the form provided by the secretary of state.  The 
  1.17  county auditor shall also change the status of the voter in the 
  1.18  statewide registration system to "challenged" and the voter 
  1.19  shall be required to provide proof of residence to either the 
  1.20  county auditor or to the election judges in the voter's precinct 
  1.21  before voting in the next election.  Any of the forms authorized 
  1.22  by section 201.061 for registration at the polling place may be 
  1.23  used for this purpose. 
  1.24     (b) A voter who votes in a precinct other than the precinct 
  1.25  in which the voter maintains residence after receiving an 
  1.26  initial violation notice as provided in this subdivision is 
  1.27  guilty of a petty misdemeanor.  A second violation of this 
  2.1   provision is a misdemeanor.  Any subsequent intentional 
  2.2   violation by this voter is a misdemeanor felony.  Detrimental 
  2.3   reliance by the voter on inaccurate information regarding the 
  2.4   location of the voter's polling place provided by the state, a 
  2.5   county, or municipality is an affirmative defense to a 
  2.6   prosecution under this subdivision. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 204C.35, is 
  2.8   amended to read: 
  2.9      204C.35 [LEGISLATIVE AND FEDERAL, STATE, AND JUDICIAL 
  2.10  RACES.] 
  2.11     Subdivision 1.  [AUTOMATIC RECOUNTS.] (a) In a state 
  2.12  primary when the difference between the votes cast for the 
  2.13  candidates for nomination to a statewide federal office, state 
  2.14  constitutional office, statewide judicial office, congressional 
  2.15  office, state legislative office, or to a district judicial 
  2.16  office is 100 or less, the difference is less than ten one-half 
  2.17  of one percent of the total number of votes counted for that 
  2.18  nomination and the difference determines the nomination, the 
  2.19  canvassing board with responsibility for declaring the results 
  2.20  for that office shall recount the vote.  
  2.21     (b) In a state general election when the difference between 
  2.22  the votes of a candidate who would otherwise be declared elected 
  2.23  to a statewide federal office, state constitutional office, 
  2.24  statewide judicial office, congressional office, state 
  2.25  legislative office, or to a district judicial office and the 
  2.26  votes of any other candidate for that office is 100 or less than 
  2.27  one-half of one percent of the total number of votes counted for 
  2.28  that office, the canvassing board shall recount the votes. 
  2.29     (c) A recount shall must not delay any other part of the 
  2.30  canvass.  The results of the recount shall must be certified by 
  2.31  the canvassing board as soon as possible.  
  2.32     (d) Time for notice of a contest for an office which is 
  2.33  recounted pursuant to this section shall begin to run upon 
  2.34  certification of the results of the recount by the canvassing 
  2.35  board.  
  2.36     (e) A losing candidate may waive a recount required 
  3.1   pursuant to this section by filing a written notice of waiver 
  3.2   with the canvassing board. 
  3.3      Subd. 2.  [OPTIONAL RECOUNT.] (a) A losing candidate for 
  3.4   nomination or election to a statewide federal office, state 
  3.5   constitutional office, statewide judicial office, congressional 
  3.6   office, state legislative office, or to a district court 
  3.7   judicial office may request a recount in a manner provided in 
  3.8   this section at the candidate's own expense when the vote 
  3.9   difference is greater than the difference required by this 
  3.10  section.  The votes shall be recounted as provided in this 
  3.11  section if the candidate files a request during the time for 
  3.12  filing notice of contest of the primary or election for which a 
  3.13  recount is sought.  
  3.14     (b) The requesting candidate shall file with the filing 
  3.15  officer a bond, cash, or surety in an amount set by the filing 
  3.16  officer for the payment of the recount expenses.  The requesting 
  3.17  candidate is responsible for the following expenses:  the 
  3.18  compensation of the secretary of state, or designees, and any 
  3.19  election judge, municipal clerk, county auditor, administrator, 
  3.20  or other personnel who participate in the recount; the costs of 
  3.21  computer operation, preparation of ballot counting equipment, 
  3.22  necessary supplies and travel related to the recount; the 
  3.23  compensation of the appropriate canvassing board and costs of 
  3.24  preparing for the canvass of recount results; and any attorney 
  3.25  fees incurred in connection with the recount by the governing 
  3.26  body responsible for the recount. 
  3.27     Sec. 3.  Minnesota Statutes 2000, section 204C.36, 
  3.28  subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [REQUIRED RECOUNTS.] A losing candidate for 
  3.30  nomination or election to a county, municipal, or school 
  3.31  district office may request a recount of the votes cast for the 
  3.32  nomination or election to that office if the difference between 
  3.33  the vote cast for that candidate and for a winning candidate for 
  3.34  nomination or election is:  
  3.35     (a) Five votes or less when the total vote cast for 
  3.36  nomination or election to that office is 100 votes or less; 
  4.1      (b) Ten votes or less when the total vote cast for 
  4.2   nomination or election to that office is more than 100 but not 
  4.3   more than 500 votes; 
  4.4      (c) Twenty votes or less when the total vote cast for 
  4.5   nomination or election to that office is more than 500 but not 
  4.6   more than 2,000 votes; 
  4.7      (d) One percent of the votes or less when the total vote 
  4.8   cast for nomination or election to that office is more than 
  4.9   2,000 but less than 10,000 votes; or 
  4.10     (e) One hundred votes or less when the total vote cast for 
  4.11  nomination or election to that office is 10,000 votes or 
  4.12  more less than one-half of one percent of the total votes 
  4.13  counted for that office.  In case of offices where two or more 
  4.14  seats are being filled from among all the candidates for the 
  4.15  office, the one-half of one percent difference is between the 
  4.16  elected candidate with the fewest votes and the candidate with 
  4.17  the most votes from among the candidates who were not elected.  
  4.18     Candidates for county offices shall file a written request 
  4.19  for the recount with the county auditor.  Candidates for 
  4.20  municipal or school district offices shall file a written 
  4.21  request with the municipal or school district clerk as 
  4.22  appropriate.  All requests shall be filed during the time for 
  4.23  notice of contest of the primary or election for which a recount 
  4.24  is sought.  
  4.25     Upon receipt of a request made pursuant to this section, 
  4.26  the county auditor shall recount the votes for a county office 
  4.27  at the expense of the county, the governing body of the 
  4.28  municipality shall recount the votes for a municipal office at 
  4.29  the expense of the municipality, and the school board of the 
  4.30  school district shall recount the votes for a school district 
  4.31  office at the expense of the school district.  
  4.32     Sec. 4.  Minnesota Statutes 2000, section 204C.36, 
  4.33  subdivision 3, is amended to read: 
  4.34     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 
  4.35  recount may be conducted for a ballot question when the 
  4.36  difference between the votes for and the votes against the 
  5.1   question is less than or equal to the difference provided in 
  5.2   subdivision 1, clauses (a) to (e).  A recount may be requested 
  5.3   by any person eligible to vote on the ballot question.  A 
  5.4   written request for a recount must be filed with the filing 
  5.5   officer of the county, municipality, or school district placing 
  5.6   the question on the ballot and must be accompanied by a petition 
  5.7   containing the signatures of 25 voters eligible to vote on the 
  5.8   question.  If the difference between the votes for and the votes 
  5.9   against the question is greater than the difference provided in 
  5.10  subdivision 1, clauses (a) to (e), the person requesting the 
  5.11  recount shall also file with the filing officer of the county, 
  5.12  municipality, or school district a bond, cash, or surety in an 
  5.13  amount set by the appropriate governing body for the payment of 
  5.14  recount expenses.  The written request, petition, and any bond, 
  5.15  cash, or surety required must be filed during the time for 
  5.16  notice of contest for the election for which the recount is 
  5.17  requested.  
  5.18     Sec. 5.  Minnesota Statutes 2000, section 208.06, is 
  5.19  amended to read: 
  5.20     208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 
  5.21     The presidential electors, before 12:00 M. at 9:00 a.m. on 
  5.22  the day before that fixed by Congress for the electors to vote 
  5.23  for president and vice-president of the United States, 
  5.24  shall assemble in the location designated under section 208.08 
  5.25  and notify the governor that they are at the state capitol and 
  5.26  ready at the proper time to fulfill their duties as electors.  
  5.27  The governor shall deliver to the electors present a certificate 
  5.28  of the names of all the electors.  If any elector named therein 
  5.29  fails to appear before by 9:00 a.m. on the day, and at the place 
  5.30  , fixed for voting for president and vice-president of the 
  5.31  United States, the electors present shall, in the presence of 
  5.32  the governor, immediately elect by ballot a person to fill the 
  5.33  vacancy.  If more than the number of persons required have the 
  5.34  highest and an equal number of votes when the electors cast 
  5.35  ballots to fill any vacancy, the governor, in the presence of 
  5.36  the electors attending, shall decide by lot which of those 
  6.1   persons shall be elected as a substituted presidential elector. 
  6.2      Sec. 6.  Minnesota Statutes 2000, section 208.08, is 
  6.3   amended to read: 
  6.4      208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 
  6.5      (a) At least 7 days before the date the presidential 
  6.6   electors are required to assemble, the secretary of state shall 
  6.7   designate the location within the state capitol where the 
  6.8   assembly will be conducted and notify the governor and electors 
  6.9   of this location. 
  6.10     (b) The original and substituted presidential electors, at 
  6.11  12:00 M., shall meet in the executive chamber at the state 
  6.12  capitol and shall, immediately after filling any vacancy among 
  6.13  the electors in accordance with section 208.06, perform all the 
  6.14  duties imposed upon them as electors by the constitution and 
  6.15  laws of the United States and this state.  The secretary of 
  6.16  state, or an individual designated by the secretary of state, 
  6.17  shall preside at this assembly.  
  6.18     (c) The electors shall vote by secret ballot.  
  6.19     (d) The secretary of state shall transmit all 
  6.20  certifications by the electors to the individuals required to 
  6.21  receive the certifications under the constitution and laws of 
  6.22  the United States. 
  6.23     Sec. 7.  Minnesota Statutes 2000, section 209.065, is 
  6.24  amended to read: 
  6.25     209.065 [PLEADINGS; PROCEDURE.] 
  6.26     The notice of contest and any answer are the pleadings in 
  6.27  the case and may be amended in the discretion of the court.  The 
  6.28  contest proceedings must be brought on for trial by either the 
  6.29  contestant or contestee as soon as practicable within 20 days 
  6.30  after the filing of the notice of contest.  The court shall 
  6.31  proceed to the extent possible in the manner provided in the 
  6.32  rules for recounts adopted by the secretary of state under 
  6.33  section 204C.361.  If a court finds that proceeding in 
  6.34  accordance with all or part of the rules for recounts is not 
  6.35  possible, the court shall proceed in the manner provided for the 
  6.36  trial of civil actions so far as practicable.