Minnesota Legislature
SF 157
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am
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A bill for an act
relating to elections; providing for a presidential primary; expanding the
definition of public official in campaign finance and public disclosure law;
requiring primaries for election of soil and water conservation district
supervisors; amending Minnesota Statutes 2008, sections 10A.01, subdivision
35; 103C.305, subdivision 1; 201.014, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 207A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PRESIDENTIAL PRIMARY
Section 1.
new text begin
[207A.15] PRESIDENTIAL PRIMARY.
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new text begin
A presidential primary must be held on the first Tuesday in February of each year in
which a president and vice president of the United States are to be nominated and elected,
at which the voters of this state may express their preference among the candidates of the
major political party of their choice, for that party's nomination to be president of the
United States or may vote for uncommitted delegates to the national party convention. For
the purposes of this chapter, "political party" or "party" means a major political party as
defined in section 200.02, subdivision 7.
new text end
Sec. 2.
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[207A.20] CANDIDATES ON BALLOT.
new text end
new text begin Subdivision 1. new text end
new text begin Required listing. new text end
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The following individuals must be listed as
candidates on the appropriate major political party presidential ballot with a separate
ballot for each major political party:
new text end
new text begin
(1) any individual who files an affidavit of candidacy under section 204B.06 and
submits the appropriate filing fee or petition in place of filing fee under section 204B.11;
and
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(2) any individual nominated as a candidate for the presidential nomination of a
political party by a petition submitted not later than ten weeks before the primary and
bearing the names of 1,000 eligible voters from each congressional district.
new text end
new text begin
In addition, each major political party's ballot must contain a place for a voter to
indicate a preference for having delegates to the party's national convention remain
uncommitted, and a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot.
new text end
new text begin
The candidates must be listed on the appropriate major political party ballot in
the order that the affidavits of candidacy or nominating petitions for the candidates are
filed with the secretary of state.
new text end
new text begin Subd. 2. new text end
new text begin Time for filing; fee. new text end
new text begin
The period for filing an affidavit of candidacy for the
presidential primary must begin 16 weeks before the primary and end 14 weeks before the
primary. The filing fee is $500. The period for signing nominating petitions must begin 16
weeks before the primary and end ten weeks before the primary.
new text end
new text begin Subd. 3. new text end
new text begin Announcing candidates. new text end
new text begin
Candidates who have filed an affidavit of
candidacy under subdivision 1, clause (1), for each political party on the presidential
primary ballot must be announced by the secretary of state the day after filings close for
the purpose of giving voters sufficient time to nominate other candidates by petition.
new text end
new text begin Subd. 4. new text end
new text begin Announcement. new text end
new text begin
The determination of which candidates must be listed
on the presidential primary ballot must be made by the secretary of state not later than
eight weeks before the presidential primary. The secretary of state shall certify to the
county auditor of each county the names of all candidates in the presidential primary
at least seven weeks before the primary.
new text end
new text begin Subd. 5. new text end
new text begin Notification. new text end
new text begin
Not later than three days after the last day for filing a
nominating petition under subdivision 1, clause (2), the secretary of state shall notify
each individual whose name is to be listed on the presidential primary ballot that the
individual's name will be listed unless the individual submits an affidavit stating that the
individual is not a candidate for the presidential nomination, does not intend to become a
candidate, and would not accept the nomination. The affidavit must be submitted to and
received by the secretary of state no later than eight weeks before the presidential primary.
new text end
Sec. 3.
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[207A.30] PRESIDENTIAL PRIMARY; HOW CONDUCTED.
new text end
new text begin Subdivision 1. new text end
new text begin General rule. new text end
new text begin
Except as otherwise provided in this chapter, the
presidential primary must be conducted, and the results canvassed and returned in the
manner provided by law for the state primary. If a municipality which uses an electronic
voting system determines that the use of the voting system would not be practical in the
presidential primary, the municipality may use paper ballots for the presidential primary.
new text end
new text begin Subd. 2. new text end
new text begin Voter certification; ballot. new text end
new text begin
An individual seeking to vote at the
presidential primary shall request the ballot of the party for whose candidates the
individual wishes to vote. The polling place roster for the presidential primary must list the
names of the political parties appearing on the ballot at the presidential primary. Before
receiving a ballot, a voter shall sign the polling place roster and shall indicate the name of
the political party whose ballot the voter requested. On completing the voting process, the
voter must be issued a certificate indicating that the person voted and for which party.
new text end
Sec. 4.
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[207A.35] AUDITOR FURNISHED INFORMATION BY SECRETARY
OF STATE; BALLOT PREPARATION.
new text end
new text begin Subdivision 1. new text end
new text begin Notice of filing period. new text end
new text begin
Twenty weeks before a presidential primary
is to be held, the secretary of state shall provide notice to the county auditor of each
county of the date of the presidential primary. Within ten days after notification by the
secretary of state, each county auditor shall provide notice of the date of the presidential
primary to each municipal clerk in the county.
new text end
new text begin Subd. 2. new text end
new text begin Notice of primary. new text end
new text begin
At least 15 days before the date of the presidential
primary, each municipal clerk shall post a public notice stating the date of the presidential
primary, the location of each polling place in the municipality, and the hours during which
the polling places in the municipality will be open. The county auditor shall post a similar
notice in the auditor's office with information for any polling places in unorganized
territory in the county. The governing body of a municipality or county may publish the
notice in addition to posting it. Failure to give notice does not invalidate the election.
new text end
new text begin Subd. 3. new text end
new text begin Ballot preparation. new text end
new text begin
The secretary of state shall prepare paper ballots,
absentee ballot envelopes, ballot return envelopes, election return envelopes, and summary
statements for use in the presidential primary. The ballots must be printed on white paper
with a separate ballot for the names of the candidates of each political party.
new text end
Sec. 5.
new text begin
[207A.40] SELECTION OF DELEGATES; NATIONAL CONVENTION
BALLOTING.
new text end
new text begin Subdivision 1. new text end
new text begin Apportionment of votes. new text end
new text begin
The delegates to the national convention
of each political party appearing on the presidential primary ballot who are chosen on the
basis of their support for particular presidential candidates must be apportioned among the
various candidates of that party receiving votes in the presidential primary in proportion to
their respective vote totals.
new text end
new text begin
The secretary of state shall certify to the state chair of each political party appearing
on the presidential primary ballot the number of delegates to which each presidential
candidate is entitled.
new text end
new text begin Subd. 2. new text end
new text begin Chosen delegates. new text end
new text begin
Delegates to the national convention of each political
party appearing on the presidential primary ballot must be chosen by the state convention
or congressional district convention of that party, except as otherwise provided in this
subdivision. The secretary of each party's state convention or congressional district
convention shall promptly notify the secretary of state of the names of the delegates to the
national convention chosen as supporters of each presidential candidate.
new text end
new text begin Subd. 3. new text end
new text begin Delegate votes. new text end
new text begin
At the national convention, delegates chosen because of
their support for a presidential candidate shall vote for that candidate on the first ballot,
unless they have been released from that obligation by the candidate. This subdivision
does not apply to delegates to the extent that it is inconsistent with the rules of the national
party or state party.
new text end
Sec. 6.
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[207A.45] USE OF VOTING MACHINES.
new text end
new text begin
The county auditor of each county in which electronic voting systems are used
shall provide all ballots, ballot labels, ballot cards, and other necessary printed forms and
supplies needed to place the ballots required by this chapter on the voting systems which
otherwise are provided by the state when paper ballots are used. The total cost of printing
and providing the forms must be paid by the state.
new text end
Sec. 7.
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[207A.50] INFORMATION ON PARTY CHOICE.
new text end
new text begin
Notwithstanding section 204C.18, subdivision 1, or other law to the contrary, a
person entitled to inspect the duplicate registration file or receive a copy of a current
precinct list under section 201.091 must also be informed of the party choice of any voter
who voted in the most recent presidential primary under this chapter.
new text end
Sec. 8.
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[207A.55] RULEMAKING AUTHORITY.
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new text begin
The secretary of state shall adopt rules to implement the provisions of this chapter
as follows:
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(1) to implement section 207A.50;
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(2) to determine a method for verifying the signatures on nominating petitions and
petitions in place of filing fees for the presidential primary;
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new text begin
(3) to determine the format of the presidential primary ballots; and
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(4) to determine the manner of paying or reimbursing the costs to the counties of
conducting the presidential primary.
new text end
Sec. 9.
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[207A.60] REIMBURSEMENT OF ELECTION EXPENSES.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of secretary of state. new text end
new text begin
The secretary of state shall reimburse
the counties and municipalities for expenses incurred in the administration of the
presidential primary from the funds appropriated by the legislature for this purpose, as
provided in this section. Up to $7,500 of the appropriation for reimbursement of election
expenses may be retained by the secretary of state to administer the reimbursement
program.
new text end
new text begin Subd. 2. new text end
new text begin Reimbursable expenses. new text end
new text begin
The following expenses are eligible for
reimbursement: salaries of election judges; postage for absentee ballots; preparation
of polling places; preparation of electronic voting systems, in an amount not to exceed
$50 per precinct; compensation of county canvassing board members; publication of the
sample ballot; and compensation for temporary staff or overtime payments.
new text end
new text begin Subd. 3. new text end
new text begin Certification of costs. new text end
new text begin
The county auditor shall certify to the secretary
of state the costs incurred by the county for the presidential primary. The municipal
clerk shall certify to the secretary of state the costs incurred by the municipality for the
presidential primary. If the total amount certified by all units for temporary staff and
overtime payments exceeds $480,000, the secretary of state shall reduce those amounts
so that they do not exceed $480,000. The secretary of state shall provide each county
and municipality with the appropriate forms for this certification. The secretary of
state may require that the county auditor or municipal clerk provide documentation of
actual expenditures made for the presidential primary. The certification of costs must be
submitted to the secretary of state no later than 60 days after the presidential primary.
No reimbursement of expenses must be made unless the certification of costs has been
submitted as provided in this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Apportionment of reimbursements. new text end
new text begin
If the total amount of requests for
reimbursement of expenses exceeds the total amount appropriated to the secretary of state
for this purpose, the secretary of state shall proportionately reduce the reimbursements so
that they do not exceed the amount appropriated.
new text end
Sec. 10.
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[207A.65] CAUCUSES.
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new text begin
In years in which a presidential primary is held, precinct caucuses and conventions
must be held in accordance with chapter 202A, except that:
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new text begin
(1) precinct caucuses must be held on the night of the presidential primary unless a
party's governing party chooses a later date; and
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new text begin
(2) a caucus participant must show evidence of having voted at the presidential
primary using the ballot of the party holding the caucus unless the caucus convener makes
an exception for a participant for good cause shown.
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ARTICLE 2
ELECTION AND PUBLIC DISCLOSURE LAW CHANGES
Section 1.
Minnesota Statutes 2008, section 10A.01, subdivision 35, is amended to
read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism; deleted text begin or
deleted text end
(23) citizen member of the Lessard Outdoor Heritage Council established in section
97A.056deleted text begin .deleted text end new text begin ;
new text end
new text begin
(24) district court judge, Appeals Court judge, or Supreme Court justice; or
new text end
new text begin
(25) county commissioner.
new text end
Sec. 2.
Minnesota Statutes 2008, section 103C.305, subdivision 1, is amended to read:
Subdivision 1.
Time for election.
Elections must be held at the state general
election specified in section 204D.03, subdivision 2. A primary deleted text begin may notdeleted text end new text begin mustnew text end be heldnew text begin if
there are more than two candidates for any available supervisor positionnew text end .
Sec. 3.
Minnesota Statutes 2008, section 201.014, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Voting in primary. new text end
new text begin
Notwithstanding the requirement in subdivision 1,
clause (a), an individual who meets all other eligibility requirements may vote in a primary
in order to select the candidates who will be on the general election ballot if the person
will be 18 years of age at the time of the general election.
new text end