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SF 156

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 01:46pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; allowing flexibility in the time provided for canvassing
primary election returns for counties, municipalities, and school districts;
amending Minnesota Statutes 2010, sections 204C.32, subdivision 1; 205.065,
subdivision 5; 205A.03, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on new text begin either new text end the new text begin second or new text end third day following the state primary. After
taking the oath of office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The board shall complete the canvass deleted text begin ondeleted text end new text begin by new text end the third day
following the state primary and shall promptly prepare and file with the county auditor
a report that states:

(a) the number of individuals voting at the election in the county, and in each
precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;

(d) the names of the candidates of each major political party who are nominated; and

(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.

Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

Sec. 2.

Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:


Subd. 5.

Results.

new text begin (a) new text end The municipal primary shall be conducted and the returns
made in the manner provided for the state primary so far as practicable. new text begin If the primary
is conducted:
new text end

new text begin (1) only within that municipality, a canvass may be conducted on either the second
or third day after the primary; or
new text end

new text begin (2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
new text end

deleted text begin On the third day after the primary,deleted text end The governing body of the municipality shall
canvass the returns, and the two candidates for each office who receive the highest number
of votes, or a number of candidates equal to twice the number of individuals to be elected
to the office, who receive the highest number of votes, shall be the nominees for the office
named. Their names shall be certified to the municipal clerk who shall place them on
the municipal general election ballot without partisan designation and without payment
of an additional fee.

new text begin (b) Following a municipal primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the municipality is located agrees to administratively review the
municipality's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.
new text end

Sec. 3.

Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:


Subd. 4.

Results.

new text begin (a) new text end The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. new text begin If the primary
is conducted:
new text end

new text begin (1) only within that school district, a canvass may be conducted on either the second
or third day after the primary; or
new text end

new text begin (2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
new text end

deleted text begin On the third day after the primary,deleted text end The school board of the school district shall
canvass the returns, and the two candidates for each specified school board position who
receive the highest number of votes, or a number of candidates equal to twice the number
of individuals to be elected to at-large school board positions who receive the highest
number of votes, are the nominees for the office named. Their names must be certified to
the school district clerk who shall place them on the school district general election ballot
without partisan designation and without payment of an additional fee.

new text begin (b) Following a school district primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the school district is located agrees to administratively review the
school district's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.
new text end