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SF 2045

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; creating an open primary with party designation for partisan
offices; limiting party designations to endorsed candidates; allowing minor
parties the exclusive use of their names; limiting the general election for partisan
offices to the top two candidates nominated at the primary; amending Minnesota
Statutes 2006, sections 200.02, subdivisions 7, 23; 202A.11, subdivision 2;
202A.12, subdivision 1; 204B.03; 204B.04, subdivision 2; 204B.06, subdivisions
1, 2; 204B.07, subdivisions 1, 4; 204B.09, subdivision 1; 204B.10, subdivision
4; 204B.13, subdivision 1; 204C.21, subdivision 3; 204C.32, subdivision
1; 204D.03, subdivision 1; 204D.05, subdivision 1; 204D.07, subdivision
3; 204D.08, subdivisions 3, 4; 204D.10, subdivision 1; 204D.12; 204D.13,
subdivision 2; 204D.20, subdivisions 1, 2; 204D.23, subdivisions 1, 2, 3;
204D.28, subdivision 9; repealing Minnesota Statutes 2006, sections 204D.08,
subdivision 5; 204D.10, subdivision 2; 204D.13, subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:


Subd. 7.

Major political party.

(a) "Major political party" means a political party
that maintains a party organization in the state, political division or precinct in question
and that has presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the last preceding state general election for
presidential electors; and

whose candidate received votes in each county in that election and received votes
from not less than five percent of the total number of individuals who voted in that election.

(b) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and that has
presented at least 45 candidates for election to the office of state representative, 23
candidates for election to the office of state senator, four candidates for election to
the office of representative in Congress, and one candidate for election to each of the
following offices: governor and lieutenant governor, attorney general, secretary of state,
and state auditor, at the last preceding state general election for those offices.

(c) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and whose members
present to the secretary of state at any time before the close of filing for the state partisan
primary ballot a petition for deleted text begin a place on the state partisan primary ballotdeleted text end new text begin recognition as a
major political party
new text end , which petition contains signatures of a number of the party members
equal to at least five percent of the total number of individuals who voted in the preceding
state general election.

(d) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (a) or a political party that presents candidates at
an election as required by paragraph (b) becomes a major political party as of January
1 following that election and retains its major party status for at least two state general
elections even if the party fails to present a candidate who receives the number and
percentage of votes required under paragraph (a) or fails to present candidates as required
by paragraph (b) at subsequent state general elections.

(e) A major political party whose candidates fail to receive the number and
percentage of votes required under paragraph (a) and that fails to present candidates as
required by paragraph (b) at each of two consecutive state general elections described by
paragraph (a) or (b), respectively, loses major party status as of December 31 following
the later of the two consecutive state general elections.

Sec. 2.

Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:


Subd. 23.

Minor political party.

(a) "Minor political party" means a political party
that has adopted a state constitution, designated a state party chair, held a state convention
in the last two years, filed with the secretary of state no later than December 31 following
the most recent state general election a certification that the party has met the foregoing
requirements, and met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must
have presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general, at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the preceding state general election for
presidential electors; and

who received votes in each county that in the aggregate equal at least one percent
of the total number of individuals who voted in the election, or its members must have
presented to the secretary of state at any time before the close of filing for the state
partisan primary ballot a deleted text begin nominatingdeleted text end petition in a form prescribed by the secretary of
state new text begin requesting that the party be recognized as a minor political party and new text end containing the
signatures of party members in a number equal to at least one percent of the total number
of individuals who voted in the preceding state general election.

(c) A political party whose candidate receives a sufficient number of votes at a
state general election described in paragraph (b) becomes a minor political party as of
January 1 following that election and retains its minor party status for at least two state
general elections even if the party fails to present a candidate who receives the number
and percentage of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and
percentage of votes required under paragraph (b) at each of two consecutive state general
elections described by paragraph (b) loses minor party status as of December 31 following
the later of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party
at the time it becomes a major party. Votes received by the candidates of a major party
must be counted in determining whether the party received sufficient votes to qualify as a
minor party, notwithstanding that the party does not receive sufficient votes to retain its
major party status. To be considered a minor party in an election in a legislative district,
the political party must have presented at least one candidate for a legislative office in that
district who received votes from at least ten percent of the total number of individuals
who voted for that office, or its members must have presented to the secretary of state a
deleted text begin nominatingdeleted text end petition in a form prescribed by the secretary of state new text begin requesting that the party
be recognized as a minor political party and
new text end containing the signatures of party members in
a number equal to at least ten percent of the total number of individuals who voted in the
preceding state general election for that legislative office.

Sec. 3.

Minnesota Statutes 2006, section 202A.11, subdivision 2, is amended to read:


Subd. 2.

Right to use.

A major new text begin or minor new text end political party which has adopted a party
name is entitled to the exclusive use of that name for the designation of its candidates on
all ballots, and no candidate of any other political party is entitled to have new text begin that name
new text end printed on a ballot as a party designation deleted text begin any part of that namedeleted text end .new text begin In addition to the exclusive
use of its name, a major or minor political party may have the exclusive use of one word,
and any variations of that word, that is part of its name by registering that word and its
variations with the secretary of state, except that no political party may have the exclusive
use of the word "independent."
new text end

Sec. 4.

Minnesota Statutes 2006, section 202A.12, subdivision 1, is amended to read:


Subdivision 1.

Time of convention.

The final authority over the affairs of each
major new text begin or minor new text end political party is vested in the party's state convention deleted text begin todeleted text end new text begin , which mustnew text end be
held new text begin to elect state officers and conduct other business new text end at least once every state general
election year at the call of the state central committee.

Sec. 5.

Minnesota Statutes 2006, section 204B.03, is amended to read:


204B.03 MANNER OF NOMINATION.

Candidates deleted text begin of a major political partydeleted text end for any partisan office except presidential
elector and all candidates for nonpartisan office shall apply for a place on the primary
ballot by filing an affidavit of candidacy as provided in section 204B.06, and except as
otherwise provided in section 204D.07, subdivision 3, shall be nominated by primary.
deleted text begin Candidates for any partisan office who do not seek the nomination of a major political
party shall be nominated by nominating petition as provided in sections 204B.07 and
204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy
as provided in section 204B.06.
deleted text end

Sec. 6.

Minnesota Statutes 2006, section 204B.04, subdivision 2, is amended to read:


Subd. 2.

Candidates seeking nomination by primary.

No individual who
seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
for the same office by nominating petition, except as otherwise provided deleted text begin for partisan
offices in section 204D.10, subdivision 2, and
deleted text end for nonpartisan offices in section 204B.13,
subdivision 4
.

Sec. 7.

Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:


Subdivision 1.

Form of affidavit.

An affidavit of candidacy shall state the name of
the office sought and, except as provided in subdivision 4, shall state that the candidate:

(1) is an eligible voter;

(2) has no other affidavit on file as a candidate for any office at the same primary
or next ensuing general election, except that a candidate for soil and water conservation
district supervisor in a district not located in whole or in part in Anoka, Hennepin,
Ramsey, or Washington County, may also have on file an affidavit of candidacy for
mayor or council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation district or for
town supervisor in a town of not more than 2,500 population contained in whole or in part
in the soil and water conservation district; and

(3) is, or will be on assuming the office, 21 years of age or more, and will have
maintained residence in the district from which the candidate seeks election for 30 days
before the general election.

An affidavit of candidacy must include a statement that the candidate's name as
written on the affidavit for ballot designation is the candidate's true name or the name by
which the candidate is commonly and generally known in the community.

An affidavit of candidacy for partisan office deleted text begin shalldeleted text end new text begin maynew text end also state the name of the
candidate's political partynew text begin , if the candidate has been endorsed by a political party as
provided in subdivision 2,
new text end or political principle, stated in three words or less.new text begin A candidate
who was not endorsed by a major or minor political party as provided in subdivision
2 may not use the name or part of the name of that major or minor political party, as
provided in section 202A.11, subdivision 2, to designate the candidate's political party or
principle. The word "independent" may be used to designate the party or principle. A
candidate who files for partisan office may not use the word "nonpartisan" as the name of
the candidate's political party or statement of political principle.
new text end

Sec. 8.

Minnesota Statutes 2006, section 204B.06, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Majordeleted text end Party candidates.

A candidate who seeks deleted text begin the nomination of a
major
deleted text end new text begin to be shown on the primary ballot as a candidate of anew text end political party for a partisan
office shall state on the affidavit of candidacy that the candidate deleted text begin either participated in
that party's most recent precinct caucus or intends to vote for a majority of that party's
candidates at the next ensuing general election
deleted text end new text begin was endorsed by the party at the appropriate
endorsing convention according to the party rules
new text end .

Sec. 9.

Minnesota Statutes 2006, section 204B.07, subdivision 1, is amended to read:


Subdivision 1.

Form of petition.

A nominating petition new text begin to fill a vacancy in
nomination for a nonpartisan office
new text end may consist of one or more separate pages each of
which shall state:

(a) the office sought;new text begin and
new text end

(b) the candidate's name and residence address, including street and number if
anydeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (c) the candidate's political party or political principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition shall use
the term "nonpartisan" as a statement of political principle or the name of the candidate's
political party. No part of the name of a major political party may be used to designate the
political party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. A
deleted text end new text begin The new text end candidate deleted text begin who files by nominating petition to fill a vacancy in nomination
for a nonpartisan office pursuant to section 204B.13,
deleted text end shall not state any political principle
or the name of any political party on the petition.

Sec. 10.

Minnesota Statutes 2006, section 204B.07, subdivision 4, is amended to read:


Subd. 4.

Oath and address of signer.

Following the information required by
subdivisions 1 and 2 and before the space for signing, each separate page that is part of
the petition shall include an oath in the following form:

"I solemnly swear (or affirm) that I know the contents and purpose of this petitiondeleted text begin ,
that I do not intend to vote at the primary election for the office for which this nominating
petition is made,
deleted text end and that I signed this petition of my own free will."

Notarization or certification of the signatures on a nominating petition is not
required. Immediately after the signature, the signer shall write on the petition the signer's
residence address including street and number, if any, and mailing address if different
from residence address.

Sec. 11.

Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:


Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy deleted text begin and nominating petitionsdeleted text end
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for offices to be voted on in only one county shall be
filed with the county auditor of that county. Affidavits and petitions for offices to be voted
on in more than one county shall be filed with the secretary of state.

Sec. 12.

Minnesota Statutes 2006, section 204B.10, subdivision 4, is amended to read:


Subd. 4.

Certification.

The secretary of state shall certify to the county auditor of
each county the names of all candidates nominated by petitions filed with the secretary
of state. Certification shall be made deleted text begin at the same time as the secretary of state certifies
the names of candidates who are nominated at the primary
deleted text end new text begin as soon as the vacancy in
nomination is filled, as provided in section 204B.13, subdivision 4
new text end .

Sec. 13.

Minnesota Statutes 2006, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

Death or withdrawal.

A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:

(a) a deleted text begin major political party candidate or nonpartisandeleted text end candidate who was nominated
at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a
; or

(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies
or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1.

Sec. 14.

Minnesota Statutes 2006, section 204C.21, subdivision 3, is amended to read:


Subd. 3.

Primary.

At a primary the election judges shall first deleted text begin separate the partisan
ballots by major political party and then
deleted text end count the votes for each office new text begin on the partisan
primary ballot
new text end as provided in subdivision 1. The nonpartisan primary ballots shall be
counted separately after the partisan primary ballots have been counted.

Sec. 15.

Minnesota Statutes 2006, 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 or before the 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 no later than 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) deleted text begin for each major political party,deleted text end 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 deleted text begin of each major political partydeleted text end new text begin for partisan officenew text end
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. 16.

Minnesota Statutes 2006, section 204D.03, subdivision 1, is amended to read:


Subdivision 1.

State primary.

The state primary shall be held on the first Tuesday
after the second Monday in September in each even-numbered year to select the nominees
deleted text begin of the major political partiesdeleted text end for partisan deleted text begin officesdeleted text end and deleted text begin the nominees fordeleted text end nonpartisan offices
to be filled at the state general election, other than presidential electors.

Sec. 17.

Minnesota Statutes 2006, section 204D.05, subdivision 1, is amended to read:


Subdivision 1.

State partisan primary ballot.

The state partisan primary ballot
shall contain the names of the candidates seeking deleted text begin thedeleted text end nomination deleted text begin of each major political
party
deleted text end for the partisan offices filled at the state general election.

Sec. 18.

Minnesota Statutes 2006, section 204D.07, subdivision 3, is amended to read:


Subd. 3.

Exceptiondeleted text begin ; certain nonpartisan candidatedeleted text end .

If not more than twice the
number of individuals to be elected to deleted text begin a nonpartisandeleted text end new text begin annew text end office file for the nomination, their
names and the name of the office shall be omitted from the state and county deleted text begin nonpartisandeleted text end
primary ballot and the candidates who filed shall be the nominees.

Sec. 19.

Minnesota Statutes 2006, section 204D.08, subdivision 3, is amended to read:


Subd. 3.

Rotation of names.

new text begin (a) On state primary ballots for nomination to a
partisan office, the names of candidates who have been endorsed by a major political party
shall be listed at the top, followed by the names of candidates who have been endorsed
by a minor political party, followed by all other candidates. Within those three groups,
the name of each candidate shall be rotated with the names of the other candidates in that
group so that the name of each candidate appears substantially an equal number of times
at the top, at the bottom, and at each intermediate place in that group of candidates.
new text end

new text begin (b) new text end On state primary ballots the name of each candidate for nomination to a
deleted text begin partisan ordeleted text end nonpartisan office shall be rotated with the names of the other candidates for
nomination to that office so that the name of each candidate appears substantially an equal
number of times at the top, at the bottom, and at each intermediate place in that group of
candidates. If the number of candidates for an office is equal to or less than the number to
be elected, no rotation of candidate names is required and the official preparing the ballot
shall determine the position of the candidates by lot.

Sec. 20.

Minnesota Statutes 2006, section 204D.08, subdivision 4, is amended to read:


Subd. 4.

State partisan primary ballotdeleted text begin ; party columnsdeleted text end .

The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. deleted text begin There must be at least three vertical columns on the ballot and each
major political party shall have a separate column headed by the words ".......... Party,"
giving the party name. Above the party names, the following statement shall be printed.
deleted text end

deleted text begin "Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."
deleted text end

deleted text begin If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:
deleted text end

deleted text begin "Do not vote for candidates of more than one party."
deleted text end

deleted text begin The names of the candidates seeking the nomination of each major political party
shall be listed in that party's column. If only one individual files an affidavit of candidacy
seeking the nomination of a major political party for an office, the name of that individual
shall be placed on the state partisan primary ballot at the appropriate location in that
party's column.
deleted text end

deleted text begin In each column, deleted text end The candidates for senator in Congress shall be listed first,
candidates for representative in Congress second, candidates for state senator third,
candidates for state representative fourth and then candidates for state office in the order
specified by the secretary of state.

deleted text begin The party columns shall be substantially the same in width, type, and appearance.
The columns shall be separated by a 12-point solid line.
deleted text end

Sec. 21.

Minnesota Statutes 2006, section 204D.10, subdivision 1, is amended to read:


Subdivision 1.

Partisan offices; nominees.

The deleted text begin candidate for nomination of a major
political party
deleted text end new text begin candidatesnew text end for a partisan office on the state partisan primary ballot who
deleted text begin receivesdeleted text end new text begin receivenew text end the highest new text begin and second highest new text end number of votes shall be the deleted text begin nominee of
that political party
deleted text end new text begin nomineesnew text end for that officedeleted text begin , except as otherwise provided in subdivision 2deleted text end .

Sec. 22.

Minnesota Statutes 2006, section 204D.12, is amended to read:


204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor shall place on the
appropriate state general election ballot the name of every candidate:

(a) whose nomination at the state primary has been certified by the appropriate
canvassing board;

(b) who has been nominated by petitionnew text begin to fill a vacancy in nomination as provided
in section 204B.13
new text end , including candidates certified by the secretary of state; and

(c) who was nominated and whose name was omitted from the state nonpartisan
primary ballot pursuant to section 204D.07, subdivision 3. Only the names of duly
nominated candidates may be placed on a ballot.

Sec. 23.

Minnesota Statutes 2006, section 204D.13, subdivision 2, is amended to read:


Subd. 2.

Order of deleted text begin political partiesdeleted text end new text begin candidatesnew text end .

The first name printed for each
partisan office on the white ballot shall be that of the candidate deleted text begin of the major political partydeleted text end
that received the deleted text begin smallest averagedeleted text end new text begin highestnew text end number of votes at the deleted text begin lastdeleted text end state deleted text begin general electiondeleted text end new text begin
primary
new text end . The deleted text begin succeeding namesdeleted text end new text begin second namenew text end shall be deleted text begin thosedeleted text end new text begin thatnew text end of the deleted text begin candidates of the
other major political parties
deleted text end new text begin candidatenew text end that received deleted text begin a succeedingly higher averagedeleted text end new text begin the
second highest
new text end number of votes deleted text begin respectively. For the purposes of this subdivision, the
average number of votes of a major political party shall be computed by dividing the total
number of votes counted for all of the party's candidates for statewide office at the state
general election by the number of those candidates at the election
deleted text end .

Sec. 24.

Minnesota Statutes 2006, section 204D.20, subdivision 1, is amended to read:


Subdivision 1.

Special primary.

Except as provided in subdivision 2, the candidates
deleted text begin of the major political partiesdeleted text end to fill a vacancy shall be nominated at a special primary. The
deleted text begin candidate of each party who receivesdeleted text end new text begin candidates who receivenew text end the highest new text begin and second
highest
new text end number of votes at the special primary shall be nominated deleted text begin without reference to the
ten percent requirement of section 204D.10, subdivision 2
deleted text end .

Sec. 25.

Minnesota Statutes 2006, section 204D.20, subdivision 2, is amended to read:


Subd. 2.

No special primary; when.

No special primary shall be held to nominate
candidates to fill a vacancy if only deleted text begin one individual from each major political party filesdeleted text end new text begin two
individuals file
new text end as a candidate deleted text begin for that party's nominationdeleted text end . In that case, the individuals who
have filed are nominated.

Sec. 26.

Minnesota Statutes 2006, section 204D.23, subdivision 1, is amended to read:


Subdivision 1.

Place and manner of filing.

Candidates for nomination to fill
a vacancy at a special primary shall file their affidavits of candidacy deleted text begin and nominating
petitions
deleted text end with the same officers and in the same manner and shall pay the same fees as
provided by law for candidates for like offices at the state primary.

Sec. 27.

Minnesota Statutes 2006, section 204D.23, subdivision 2, is amended to read:


Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits deleted text begin and
petitions
deleted text end shall be filed no later than the seventh day before the special primary.

Sec. 28.

Minnesota Statutes 2006, section 204D.23, subdivision 3, is amended to read:


Subd. 3.

Filing at regular time.

If a vacancy occurs before the opening of the time
for filing affidavits of candidacy for the state primary and the special primary is held on
the same day as the state primary, the affidavits deleted text begin and petitionsdeleted text end shall be filed during the time
for filing affidavits for the state primary.

Sec. 29.

Minnesota Statutes 2006, section 204D.28, subdivision 9, is amended to read:


Subd. 9.

Filing by candidates.

The time for filing of affidavits deleted text begin and nominating
petitions
deleted text end for candidates to fill a vacancy at a special election shall open six weeks before
the special primary or on the day the secretary of state issues notice of the special election,
whichever occurs later. Filings shall close four weeks before the special primary.

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 204D.08, subdivision 5; 204D.10, subdivision 2;
and 204D.13, subdivision 3,
new text end new text begin are repealed.
new text end