1.1 	A bill for an act
1.2 	relating to elections; changing the date of the state primary; changing certain 
1.3 	primary-related dates and provisions; amending Minnesota Statutes 2008, 
1.4 	sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 
1.5 	203B.06, subdivision 1; 203B.081; 203B.11, subdivision 2; 203B.13, subdivision 
1.6 	2; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23, 
1.7 	subdivision 2; 204B.09, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, 
1.8 	subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 2; 
1.9 	204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 
1.10 	204D.17; 204D.19; 204D.28, subdivisions 5, 6, 8, 9, 10; 205.065, subdivisions 
1.11 	1, 2; 205.13, subdivision 1a; 205.16, subdivision 4; 205A.03, subdivisions 1, 
1.12 	2; 205A.05, subdivision 3; 205A.06, subdivision 1a; 205A.07, subdivision 3; 
1.13 	205A.11, subdivision 2a; 208.03; 211B.045; 447.32, subdivision 4; Minnesota 
1.14 	Statutes 2009 Supplement, section 206.82, subdivision 2; proposing coding for 
1.15 	new law in Minnesota Statutes, chapter 204D.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
1.18 		Subd. 6.Distribution of party accounts. As soon as the board has obtained from 
1.19 	the secretary of state the results of the primary election, but no later than one week after 
1.20 	certification by the State Canvassing Board of the results of the primary, the board must 
1.21 	distribute the available money in each party account, as certified by the commissioner of 
1.22 	revenue on September 1 one week before the state primary, to the candidates of that party 
1.23 	who have signed a spending limit agreement under section 10A.322 and filed the affidavit 
1.24 	of contributions required by section 10A.323, who were opposed in either the primary 
1.25 	election or the general election, and whose names are to appear on the ballot in the general 
1.26 	election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy 
1.27 	from the party account may not be paid in an amount greater than the expenditure limit 
1.28 	of the candidate or the expenditure limit that would have applied to the candidate if the 
2.1 	candidate had not been freed from expenditure limits under section 10A.25, subdivision 
2.2 	10. If a candidate files the affidavit required by section 10A.323 after September 1 of the 
2.3 	general election year, the board must pay the candidate's allocation to the candidate at the 
2.4 	next regular payment date for public subsidies for that election cycle that occurs at least 
2.5 	15 days after the candidate files the affidavit.

2.6 	Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read:
2.7 	10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
2.8 		Subdivision 1.Calculation and certification of estimates. The commissioner of 
2.9 	revenue must calculate and certify to the board one week before July 1 the first day for 
2.10 	filing for office in each election year an estimate of the total amount in the state general 
2.11 	account of the state elections campaign fund and the amount of money each candidate 
2.12 	who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the 
2.13 	candidate's party account in the state elections campaign fund. This estimate must be 
2.14 	based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any 
2.15 	necessary vote totals provided by the secretary of state to apply the formulas in section 
2.16 	10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 
2.17 	100 percent of the tax returns have been processed.  
2.18 		Subd. 2.Publication, certification, and notification procedures. Before the 
2.19 	first day of filing for office, the board must publish and forward to all filing officers 
2.20 	the estimates calculated and certified under subdivision 1 along with a copy of section 
2.21 	10A.25, subdivision 10. Within seven days one week after the last day for filing for 
2.22 	office, the secretary of state must certify to the board the name, address, office sought, and 
2.23 	party affiliation of each candidate who has filed with that office an affidavit of candidacy 
2.24 	or petition to appear on the ballot. The auditor of each county must certify to the board 
2.25 	the same information for each candidate who has filed with that county an affidavit of 
2.26 	candidacy or petition to appear on the ballot. By August 15 Within two weeks after the last 
2.27 	day for filing for office, the board must notify all candidates of their estimated minimum 
2.28 	amount. The board must include with the notice a form for the agreement provided in 
2.29 	section 10A.322 along with a copy of section 10A.25, subdivision 10.  

2.30 	Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
2.31 		Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public 
2.32 	subsidy, a candidate must sign and file with the board a written agreement in which the 
2.33 	candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 
2.34 	10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. 
3.1 	(b) Before the first day of filing for office, the board must forward agreement forms 
3.2 	to all filing officers. The board must also provide agreement forms to candidates on 
3.3 	request at any time. The candidate must file the agreement with the board by September 1 
3.4 	preceding the candidate's general election or a special election held at the general election
3.5 	at least three weeks before the candidate's state primary. An agreement may not be filed 
3.6 	after that date. An agreement once filed may not be rescinded. 
3.7 	(c) The board must notify the commissioner of revenue of any agreement signed 
3.8 	under this subdivision. 
3.9 	(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means 
3.10 	of a special election and the filing period does not coincide with the filing period for the 
3.11 	general election, a candidate may sign and submit a spending limit agreement not later 
3.12 	than the day after the candidate files the affidavit of candidacy or nominating petition 
3.13 	for the office. 

3.14 	Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read:
3.15 	10A.323 AFFIDAVIT OF CONTRIBUTIONS. 
3.16 	In addition to the requirements of section 10A.322, to be eligible to receive a public 
3.17 	subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit 
3.18 	with the board stating that during that calendar year between January 1 of the election 
3.19 	year and the cutoff date for transactions included in the report of receipts and expenditures 
3.20 	due before the primary election the candidate has accumulated contributions from persons 
3.21 	eligible to vote in this state in at least the amount indicated for the office sought, counting 
3.22 	only the first $50 received from each contributor: 
3.23 	(1) candidates for governor and lieutenant governor running together, $35,000; 
3.24 	(2) candidates for attorney general, $15,000; 
3.25 	(3) candidates for secretary of state and state auditor, separately, $6,000; 
3.26 	(4) candidates for the senate, $3,000; and 
3.27 	(5) candidates for the house of representatives, $1,500. 
3.28 	The affidavit must state the total amount of contributions that have been received 
3.29 	from persons eligible to vote in this state, disregarding the portion of any contribution in 
3.30 	excess of $50. 
3.31 	The candidate or the candidate's treasurer must submit the affidavit required by this 
3.32 	section to the board in writing by the cutoff date deadline for reporting of receipts and 
3.33 	expenditures before a primary under section 10A.20, subdivision 4. 
4.1 	A candidate for a vacancy to be filled at a special election for which the filing period 
4.2 	does not coincide with the filing period for the general election must submit the affidavit 
4.3 	required by this section to the board within five days after filing the affidavit of candidacy. 

4.4 	Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read:
4.5 		Subdivision 1.Printing and delivery of forms. Each county auditor and municipal 
4.6 	clerk shall prepare and print a sufficient number of blank application forms for absentee 
4.7 	ballots. The county auditor or municipal clerk shall deliver a blank application form to 
4.8 	any voter who requests one pursuant to section 203B.04. Blank application forms must be 
4.9 	mailed to eligible voters who have requested an application pursuant to section 203B.04, 
4.10 	subdivision 5 or 6, at least 60 days before:
4.11 	(1) each regularly scheduled primary for federal, state, county, city, or school board 
4.12 	office;
4.13 	(2) each regularly scheduled general election for city or school board office for 
4.14 	which a primary is not held; and
4.15 	(3) a special primary to fill a federal office vacancy or special election to fill a 
4.16 	federal office vacancy, if no major party has more than one candidate after the time for 
4.17 	withdrawal has expired;
4.18 	or at least 45 days before any other primary or other election for which a primary is not 
4.19 	held.

4.20 	Sec. 6. Minnesota Statutes 2008, section 203B.081, is amended to read:
4.21 	203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 
4.22 	An eligible voter may vote by absentee ballot in the office of the county auditor and 
4.23 	at any other polling place designated by the county auditor during the 46 days before a 
4.24 	regularly scheduled election for federal, state, county, city, or school board office or a 
4.25 	special election for a federal office, and during the 30 days before the any other election 
4.26 	in the office of the county auditor and at any other polling place designated by the county 
4.27 	auditor. The county auditor shall make such designations at least 90 days 14 weeks before 
4.28 	the election. At least one voting booth in each polling place must be made available by the 
4.29 	county auditor for this purpose. The county auditor must also make available at least one 
4.30 	electronic ballot marker in each polling place that has implemented a voting system that is 
4.31 	accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. 

4.32 	Sec. 7. Minnesota Statutes 2008, section 203B.11, subdivision 2, is amended to read:
5.1 		Subd. 2.Twenty Thirty days before an election. During the 20 30 days preceding 
5.2 	an election, the election judges shall deliver absentee ballots only to an eligible voter who 
5.3 	has applied for absentee ballots to the county auditor or municipal clerk under section 
5.4 	203B.04, subdivision 1.  

5.5 	Sec. 8. Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read:
5.6 		Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot 
5.7 	envelopes and accept or reject absentee ballots in the manner provided in section 203B.12. 
5.8 	The absentee ballot board may begin the process of examining the return envelopes 
5.9 	and marking them "accepted" or "rejected" at any time during the 30 45 days before 
5.10 	the election. If an envelope has been rejected at least five days before the election, the 
5.11 	ballots in the envelope must be considered spoiled ballots and the official in charge of 
5.12 	the absentee ballot board shall provide the voter with a replacement absentee ballot and 
5.13 	return envelope in place of the spoiled ballot. 

5.14 	Sec. 9. Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:
5.15 		Subdivision 1.Submission of application. (a) An application for absentee ballots 
5.16 	for a voter described in section 203B.16 may be submitted in writing or by electronic 
5.17 	facsimile device, or by electronic mail upon determination by the secretary of state that 
5.18 	security concerns have been adequately addressed. An application for absentee ballots 
5.19 	for a voter described in section 203B.16 may be submitted by that voter or by that voter's 
5.20 	parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an 
5.21 	application under this subdivision, a person's Social Security number, no matter how it 
5.22 	is designated, qualifies as the person's military identification number if the person is 
5.23 	in the military. 
5.24 	(b) An application for a voter described in section 203B.16, subdivision 1, shall be 
5.25 	submitted to the county auditor of the county where the voter maintains residence. 
5.26 	(c) An application for a voter described in section 203B.16, subdivision 2, shall be 
5.27 	submitted to the county auditor of the county where the voter last maintained residence 
5.28 	in Minnesota. 
5.29 	(d) An application for absentee ballots shall be valid for any primary, special 
5.30 	primary, general election, or special election from the time the application is received 
5.31 	through the next two regularly scheduled general elections for federal office held after the 
5.32 	date on which the application is received end of that calendar year.
5.33 	(e) There shall be no limitation of time for filing and receiving applications for 
5.34 	ballots under sections 203B.16 to 203B.27. 

6.1 	Sec. 10. Minnesota Statutes 2008, section 203B.22, is amended to read:
6.2 	203B.22 MAILING TRANSMITTING BALLOTS. 
6.3 	The county auditor shall mail transmit the appropriate ballots, as promptly as 
6.4 	possible, to an absent voter whose application has been recorded under section 203B.19. 
6.5 	If the county auditor determines that a voter is not eligible to vote at the primary but 
6.6 	will be eligible to vote at the general election, only general election ballots shall be 
6.7 	mailed transmitted. Only one set of ballots shall be mailed transmitted to any applicant 
6.8 	for any election, except that the county auditor may mail transmit a replacement ballot 
6.9 	to a voter whose ballot has been spoiled or lost in transit or whose mailing address has 
6.10 	changed after the date on which the original application was submitted as confirmed by 
6.11 	the county auditor. Ballots to be sent outside the United States shall be given priority in 
6.12 	mailing transmission. A county auditor may make use of any special service provided 
6.13 	by the United States government for the mailing transmission of voting materials under 
6.14 	sections 203B.16 to 203B.27. 

6.15 	Sec. 11. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:
6.16 		Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter 
6.17 	described in section 203B.16 may include in an application for absentee ballots a request 
6.18 	that the ballots, instructions, and a certificate of voter eligibility meeting the requirements 
6.19 	of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt 
6.20 	of a properly completed application requesting electronic transmission, the county auditor 
6.21 	shall electronically transmit the requested materials to the voter. The county auditor is not 
6.22 	required to provide return postage to voters to whom ballots are transmitted electronically.

6.23 	Sec. 12. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
6.24 		Subd. 2. Duties. The absentee ballot board must examine all returned absentee 
6.25 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
6.26 	the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 
6.27 	eligibility is not printed on the return or administrative envelope, the certificate must 
6.28 	be attached to the ballot secrecy envelope. 
6.29 	The absentee ballot board must immediately examine the return envelopes and mark 
6.30 	them "accepted" or "rejected" during the 30 45 days before the election. If an envelope 
6.31 	has been rejected at least five days before the election, the ballots in the envelope must 
6.32 	be considered spoiled ballots and the official in charge of the absentee ballot board must 
6.33 	provide the voter with a replacement absentee ballot and return envelope in place of 
6.34 	the spoiled ballot. 

7.1 	Sec. 13. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
7.2 		Subdivision 1. Candidates in state and county general elections. (a) Except as 
7.3 	otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 
7.4 	for county, state, and federal offices filled at the state general election shall be filed not 
7.5 	more than 70 84 days nor less than 56 70 days before the state primary. The affidavit may 
7.6 	be prepared and signed at any time between 60 days before the filing period opens and 
7.7 	the last day of the filing period. 
7.8 	(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 
7.9 	signed in the presence of a notarial officer or an individual authorized to administer oaths 
7.10 	under section 358.10. 
7.11 	(c) This provision does not apply to candidates for presidential elector nominated 
7.12 	by major political parties. Major party candidates for presidential elector are certified 
7.13 	under section 208.03. Other candidates for presidential electors may file petitions on 
7.14 	or before the state primary at least 77 days before the general election day pursuant to 
7.15 	section 204B.07. Nominating petitions to fill vacancies in nominations shall be filed as 
7.16 	provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. 
7.17 	on the last day for filing. 
7.18 	(d) Affidavits and petitions for county offices must be filed with the county auditor 
7.19 	of that county. Affidavits and petitions for federal offices must be filed with the secretary 
7.20 	of state. Affidavits and petitions for state offices must be filed with the secretary of state or 
7.21 	with the county auditor of the county in which the candidate resides. 
7.22 	(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted 
7.23 	by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and 
7.24 	must be received by 5:00 p.m. on the last day for filing. 

7.25 	Sec. 14. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
7.26 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
7.27 	constitute at least one election precinct:
7.28 	(1) each city ward; and
7.29 	(2) each town and each statutory city.
7.30 	(b) A single, accessible, combined polling place may be established no later than 
7.31 	June May 1 of any year:
7.32 	(1) for any city of the third or fourth class, any town, or any city having territory in 
7.33 	more than one county, in which all the voters of the city or town shall cast their ballots;
7.34 	(2) for two contiguous precincts in the same municipality that have a combined 
7.35 	total of fewer than 500 registered voters;
8.1 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
8.2 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
8.3 	(4) for noncontiguous precincts located in one or more counties.
8.4 	A copy of the ordinance or resolution establishing a combined polling place must 
8.5 	be filed with the county auditor within 30 days after approval by the governing body. A 
8.6 	polling place combined under clause (3) must be approved by the governing body of each 
8.7 	participating municipality. A polling place combined under clause (4) must be approved 
8.8 	by the governing body of each participating municipality and the secretary of state and 
8.9 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
8.10 	from participation in a combined polling place must do so by filing a resolution of 
8.11 	withdrawal with the county auditor no later than May April 1 of any year.
8.12 	The secretary of state shall provide a separate polling place roster for each precinct 
8.13 	served by the combined polling place. A single set of election judges may be appointed 
8.14 	to serve at a combined polling place. The number of election judges required must be 
8.15 	based on the total number of persons voting at the last similar election in all precincts to 
8.16 	be voting at the combined polling place. Separate ballot boxes must be provided for the 
8.17 	ballots from each precinct. The results of the election must be reported separately for each 
8.18 	precinct served by the combined polling place, except in a polling place established under 
8.19 	clause (2) where one of the precincts has fewer than ten registered voters, in which case the 
8.20 	results of that precinct must be reported in the manner specified by the secretary of state.

8.21 	Sec. 15. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
8.22 		Subd. 4.Boundary change procedure. Any change in the boundary of an election 
8.23 	precinct shall must be adopted at least 90 days before the date of the next election and, 
8.24 	for the state primary and general election, no later than June May 1 in the year of the 
8.25 	state general election. The precinct boundary change shall not take effect until notice of 
8.26 	the change has been posted in the office of the municipal clerk or county auditor for at 
8.27 	least 60 days.
8.28 	The county auditor must publish a notice illustrating or describing the congressional, 
8.29 	legislative, and county commissioner district boundaries in the county in one or more 
8.30 	qualified newspapers in the county at least 14 days prior to before the first day to file 
8.31 	affidavits of candidacy for the state general election in the year ending in two.
8.32 	Alternate dates for adopting changes in precinct boundaries, posting notices 
8.33 	of boundary changes, and notifying voters affected by boundary changes pursuant 
8.34 	to this subdivision, and procedures for coordinating precinct boundary changes with 
9.1 	reestablishing local government election district boundaries may be established in the 
9.2 	manner provided in the rules of the secretary of state.

9.3 	Sec. 16. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
9.4 		Subdivision 1. Appointment lists; duties of political parties and county auditor.
 9.5 	On June 1 Within two weeks after the precinct caucuses in a year in which there is an 
9.6 	election for a partisan political office, the county or legislative district chairs of each major 
9.7 	political party, whichever is designated by the state party, shall prepare a list of eligible 
9.8 	voters to act as election judges in each election precinct in the county or legislative 
9.9 	district. The chairs shall furnish the lists to the county auditor of the county in which the 
9.10 	precinct is located. 
9.11 	By June 15 Within four weeks after the precinct caucuses, the county auditor shall 
9.12 	furnish to the appointing authorities a list of the appropriate names for each election 
9.13 	precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by 
9.14 	the county auditor for each major political party. 

9.15 	Sec. 17. Minnesota Statutes 2008, section 204B.33, is amended to read:
9.16 	204B.33 NOTICE OF FILING.
9.17 	(a) Between June 1 and July 1 in each even-numbered year At least 15 weeks before 
9.18 	the state primary, the secretary of state shall notify each county auditor of the offices to be 
9.19 	voted for in that county at the next state general election for which candidates file with the 
9.20 	secretary of state. The notice shall include the time and place of filing for those offices. 
9.21 	Within ten days after notification by the secretary of state, each county auditor shall notify 
9.22 	each municipal clerk in the county of all the offices to be voted for in the county at that 
9.23 	election and the time and place for filing for those offices. The county auditors and 
9.24 	municipal clerks shall promptly post a copy of that notice in their offices.
9.25 	(b) At least two weeks before the first day to file an affidavit of candidacy, the 
9.26 	county auditor shall publish a notice stating the first and last dates on which affidavits of 
9.27 	candidacy may be filed in the county auditor's office and the closing time for filing on the 
9.28 	last day for filing. The county auditor shall post a similar notice at least ten days before 
9.29 	the first day to file affidavits of candidacy.

9.30 	Sec. 18. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
9.31 		Subd. 4.Absentee ballots; preparation; delivery. At least 46 days before a 
9.32 	regularly scheduled election for federal, state, county, city, or school board office or a 
9.33 	special election for federal office, and at least 30 days before any other election, ballots 
10.1 	necessary to fill applications of absentee voters shall be prepared and delivered at least 30 
10.2 	days before the election to the officials who administer the provisions of chapter 203B.
10.3 	This section applies to school district elections held on the same day as a statewide 
10.4 	election or an election for a county or municipality located partially or wholly within 
10.5 	the school district.

10.6 	Sec. 19. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
10.7 		Subd. 2. Procedure. Notice of the election and the special mail procedure must be 
10.8 	given at least six weeks prior to the election. Not more than 46 days nor later than 14 days 
10.9 	before a regularly scheduled election for federal, state, county, city, or school board office 
10.10 	or a special election for federal office and not more than 30 days nor later than 14 days 
10.11 	prior to the before any other election, the auditor shall mail ballots by nonforwardable mail 
10.12 	to all voters registered in the town or unorganized territory. No later than 14 days before 
10.13 	the election, the auditor must make a subsequent mailing of ballots to those voters who 
10.14 	register to vote after the initial mailing but before the 20th day before the election. Eligible 
10.15 	voters not registered at the time the ballots are mailed may apply for ballots as provided in 
10.16 	chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed 
10.17 	to the auditor or clerk and the voter may return the ballot by mail or in person to the office 
10.18 	of the auditor or clerk. The auditor or clerk may appoint election judges to examine the 
10.19 	return envelopes and mark them "accepted" or "rejected" during the 30 45 days before the 
10.20 	election. If an envelope has been rejected at least five days before the election, the ballots 
10.21 	in the envelope must be considered spoiled ballots and the auditor or clerk shall provide 
10.22 	the voter with a replacement ballot and return envelope in place of the spoiled ballot. The 
10.23 	costs of the mailing shall be paid by the election jurisdiction in which the voter resides. 
10.24 	Any ballot received by 8:00 p.m. on the day of the election must be counted. 

10.25 	Sec. 20. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:
10.26 		Subd. 3.Secretary of state. On or before July 1 of No later than ten weeks before 
10.27 	the state primary in each even-numbered year, the secretary of state shall prescribe the 
10.28 	form for summary statements of election returns and the methods by which returns for the 
10.29 	state primary and state general election shall be recorded by precinct, county, and state 
10.30 	election officials. Each county auditor and municipal or school district clerk required to 
10.31 	furnish summary statements shall prepare them in the manner prescribed by the secretary 
10.32 	of state. The summary statement of the primary returns shall be in the same form as 
10.33 	the summary statement of the general election returns except that a separate part of the 
11.1 	summary statement shall be provided for the partisan primary ballot and a separate part for 
11.2 	the nonpartisan primary ballot.

11.3 	Sec. 21. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
11.4 		Subdivision 1.State primary. The state primary shall be held on the first second
11.5 	Tuesday after the second Monday in September in August in each even-numbered year to 
11.6 	select the nominees of the major political parties for partisan offices and the nominees for 
11.7 	nonpartisan offices to be filled at the state general election, other than presidential electors.

11.8 	Sec. 22. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read:
11.9 		Subdivision 1.Example ballot. (a) No later than June 1 May 1 of each year, the 
11.10 	secretary of state shall supply each auditor with a copy of an example ballot. The example 
11.11 	ballot must illustrate the format required for the ballots used in the primary and general 
11.12 	elections that year.
11.13 	(b) The county auditor shall distribute copies of the example ballot to municipal and 
11.14 	school district clerks in municipalities and school districts holding elections that year. The 
11.15 	official ballot must conform in all respects to the example ballot.

11.16 	Sec. 23. Minnesota Statutes 2008, section 204D.17, is amended to read:
11.17 	204D.17 REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE 
11.18 	REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
11.19 		Subdivision 1.Special elections; exceptions. A vacancy in the office of 
11.20 	representative in Congress or state senator or state representative shall be filled for the 
11.21 	unexpired term by special election upon the writ of the governor as provided in sections 
11.22 	204D.17 to 204D.27; except that if Congress or the legislature will not be in session before 
11.23 	the expiration of the vacant term no special election is required. 
11.24 		Subd. 2.Two or more vacancies. Two or more vacancies may be filled at the same 
11.25 	special election and the candidates may be nominated at the same special primary. Any 
11.26 	special primary or special election held pursuant to sections 204D.17 to 204D.27 may be 
11.27 	held on the same day as any other election. 

11.28 	Sec. 24. Minnesota Statutes 2008, section 204D.19, is amended to read:
11.29 	204D.19 SPECIAL ELECTIONS; WHEN HELD.
11.30 		Subdivision 1.Vacancy filled at general election. When a vacancy occurs more 
11.31 	than 150 days before the next state general election, and the Congress or the legislature 
12.1 	will not be in session before the final canvass of the state general election returns, the 
12.2 	vacancy shall be filled at the next state general election.
12.3 		Subd. 2. Special election when Congress or legislature will be in session. Except 
12.4 	for vacancies in the legislature which occur at any time between the last day of session 
12.5 	in an odd-numbered year and the 40th day prior to the opening day of session in the 
12.6 	succeeding even-numbered year, when a vacancy occurs and the Congress or legislature 
12.7 	will be in session so that the individual elected as provided by this section could take office 
12.8 	and exercise the duties of the office immediately upon election, the governor shall issue 
12.9 	within five days after the vacancy occurs a writ calling for a special election. The special 
12.10 	election shall be held as soon as possible, consistent with the notice requirements of section 
12.11 	204D.22, subdivision 3, but in no event more than 35 days after the issuance of the writ. 
12.12 		Subd. 3.Special election at other times. When a vacancy occurs at a time other 
12.13 	than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a 
12.14 	special election to be held so that the individual elected may take office at the opening of 
12.15 	the next session of the Congress or of the legislature, or at the reconvening of a session of 
12.16 	the Congress or of the legislature.
12.17 		Subd. 4.Writ when vacancy results from election contest. If a vacancy results 
12.18 	from a successful election contest, the governor shall issue 22 days after the first day of 
12.19 	the legislative session a writ calling for a special election unless the house in which the 
12.20 	contest may be tried has passed a resolution which states that it will or will not review 
12.21 	the court's determination of the contest. If the resolution states that the house will not 
12.22 	review the court's determination, the writ shall be issued within five days of the passage of 
12.23 	the resolution.

12.24 	Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
12.25 		Subd. 5.Regular state primary. "Regular state primary" means:
12.26 	(a) the state primary at which candidates are nominated for offices elected at the 
12.27 	state general election; or
12.28 	(b) a primary held four weeks before the first on the second Tuesday after the first 
12.29 	Monday in November in August of odd-numbered years.

12.30 	Sec. 26. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
12.31 		Subd. 6.Special election required; exception; when held. Every vacancy shall be 
12.32 	filled for the remainder of the term by a special election held pursuant to this subdivision; 
12.33 	except that no special election shall be held in the year before the term expires.
13.1 	The special election shall be held at the next November election if the vacancy 
13.2 	occurs at least six 11 weeks before the regular state primary preceding that election. If 
13.3 	the vacancy occurs less than six 11 weeks before the regular state primary preceding 
13.4 	the next November election, the special election shall be held at the second November 
13.5 	election after the vacancy occurs.

13.6 	Sec. 27. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
13.7 		Subd. 8.Notice of special election. The secretary of state shall issue an official 
13.8 	notice of any special election required to be held pursuant to this section not later than 
13.9 	ten 16 weeks before the special primary, except that if the vacancy occurs ten 16 weeks or 
13.10 	less before the special primary, the secretary of state shall issue the notice no later than 
13.11 	two days after the vacancy occurs. The notice shall state the office to be filled, the opening 
13.12 	and closing dates for filing of candidacy and the dates of the special primary and special 
13.13 	election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply 
13.14 	generally to special elections, this notice shall be used in place of the writ of the governor. 

13.15 	Sec. 28. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
13.16 		Subd. 9.Filing by candidates. The time for filing of affidavits and nominating 
13.17 	petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before 
13.18 	the special primary or on the day the secretary of state issues notice of the special election, 
13.19 	whichever occurs later. Filings shall close four ten weeks before the special primary.

13.20 	Sec. 29. Minnesota Statutes 2008, section 204D.28, subdivision 10, is amended to read:
13.21 		Subd. 10.United States senator; candidates; designation of term. When the 
13.22 	names of candidates for both offices of United States senator are required to be placed on 
13.23 	the same ballot, the expiration date of the term of each office shall be printed on the ballot 
13.24 	opposite the name of each candidate for nomination or election to that office.

13.25 	Sec. 30. [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.
13.26 		Subdivision 1.Scope; definition. (a) A vacancy in the office of representative in 
13.27 	Congress must be filled as specified in this section.
13.28 	(b) "Vacancy," as used in this section, means a vacancy in the office of representative 
13.29 	in Congress.
13.30 		Subd. 2.Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs 
13.31 	27 weeks or more before the state primary, the governor must issue a writ within three 
13.32 	days of the vacancy for a special election for that office to be held between 20 and 24 
14.1 	weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary 
14.2 	must be held 11 weeks before the special election if any major party has more than one 
14.3 	candidate after the time for withdrawal has expired.
14.4 	(b) The filing period for a special election under this subdivision must end on or 
14.5 	before the 131st day before the special election. Minor party and independent candidates 
14.6 	must submit their petitions by the last day for filing and signatures on the petitions must be 
14.7 	dated from the date of the vacancy through the last day for filing. There must be a one-day 
14.8 	period for withdrawal of candidates after the last day for filing.
14.9 		Subd. 3.Vacancy more than 22 weeks but fewer than 27 weeks before state 
14.10 	primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the 
14.11 	state primary, the governor must issue a writ within three days of the vacancy for a special 
14.12 	election for that office to be held on the day of the state primary with a special primary 
14.13 	held 11 weeks before the state primary, if any major party has more than one candidate 
14.14 	after the time for withdrawal has expired. The regularly scheduled election to fill the 
14.15 	next full term shall proceed pursuant to law.
14.16 	(b) The filing period for a special election under this subdivision must end on or 
14.17 	before the 147th day before the state primary. Minor party and independent candidates 
14.18 	must submit their petitions by the last day for filing and signatures on the petitions must be 
14.19 	dated from the date of the vacancy through the last day for filing. There must be a one-day 
14.20 	period for withdrawal of candidates after the last day for filing. Candidates for a special 
14.21 	election under this subdivision are not subject to the prohibition in section 204B.06 against 
14.22 	having more than one affidavit of candidacy on file for the same election.
14.23 	(c) The winner of a special election on the day of the state primary under this 
14.24 	subdivision shall serve the remainder of the vacant term and is eligible to be seated 
14.25 	in Congress upon issuance of the certificate of election. The winner of the regularly 
14.26 	scheduled term for that office at the general election shall take office on the day new 
14.27 	members of Congress take office.
14.28 		Subd. 4.Vacancy 22 or fewer weeks before state primary but before general 
14.29 	election day. (a) If a vacancy occurs from 22 weeks before the state primary to the day 
14.30 	before the general election, no special election will be held. The winner of the general 
14.31 	election for the next full term for that office will serve the remainder of the unexpired term 
14.32 	and is eligible to be seated in Congress immediately upon issuance of a certificate of 
14.33 	election.
14.34 	(b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of 
14.35 	a major political party and was nominated for the general election ballot by that party and 
15.1 	a vacancy occurs from the day of the state primary until the date of the general election, 
15.2 	there is a vacancy in nomination to be resolved pursuant to section 204B.13.
15.3 		Subd. 5.Vacancy on or after election day and before the day new members of 
15.4 	Congress take office. (a) If a vacancy occurs between the day of the general election and 
15.5 	the day new members of Congress take office and the incumbent was not the winner of 
15.6 	the general election, the winner of the general election for the next full term for that 
15.7 	office is eligible to be seated in Congress immediately upon issuance of a certificate of 
15.8 	election or the vacancy, whichever occurs last.
15.9 	(b) If a vacancy occurs on or after election day but before the day new members 
15.10 	of Congress take office and the incumbent was the winner of the general election, the 
15.11 	vacancy must be filled pursuant to subdivision 2.

15.12 	Sec. 31. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:
15.13 		Subdivision 1.Establishing primary. A municipal primary for the purpose of 
15.14 	nominating elective officers may be held in any city on the first second Tuesday after the 
15.15 	second Monday in September in August of any year in which a municipal general election 
15.16 	is to be held for the purpose of electing officers.

15.17 	Sec. 32. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
15.18 		Subd. 2.Resolution or ordinance. The governing body of a city may, by ordinance 
15.19 	or resolution adopted at least three months before the next by April 15 in the year when 
15.20 	a municipal general election is held, elect to choose nominees for municipal offices by 
15.21 	a primary as provided in this section. The resolution or ordinance, when adopted, is 
15.22 	effective for all ensuing municipal elections until it is revoked. The municipal clerk shall 
15.23 	notify the secretary of state and the county auditor within 30 days after the adoption of the 
15.24 	resolution or ordinance.

15.25 	Sec. 33. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
15.26 		Subd. 1a.Filing period. In municipalities a city nominating candidates at a 
15.27 	municipal primary, an affidavit of candidacy for a city office or town office voted on in 
15.28 	November must be filed not no more than 70 84 days nor less than 56 70 days before the 
15.29 	first Tuesday after the second Monday in September preceding the municipal general 
15.30 	election city primary. In all other municipalities that do not hold a primary, an affidavit of 
15.31 	candidacy must be filed not no more than 70 days and not less than 56 days before the 
15.32 	municipal general election held in March in any year, or a special election not held in 
16.1 	conjunction with another election, and no more than 84 days nor less than 70 days before 
16.2 	the municipal general election held in November of any year.

16.3 	Sec. 34. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:
16.4 		Subd. 4. Notice to auditor. At least 53 67 days prior to before every municipal 
16.5 	election held in connection with a regularly scheduled election for federal, state, county, 
16.6 	city, or school board office or a special election for federal office, and at least 53 days 
16.7 	before any other municipal election, the municipal clerk shall provide a written notice 
16.8 	to the county auditor, including the date of the election, the offices to be voted on at the 
16.9 	election, and the title and language for each ballot question to be voted on at the election. 
16.10 	Not less than 46 At least 60 days before the a regularly scheduled election for federal, 
16.11 	state, county, city, or school board office or a special election for federal office, and at least 
16.12 	46 days before any other election, the municipal clerk must provide written notice to the 
16.13 	county auditor of any special election canceled under section 205.10, subdivision 6. 

16.14 	Sec. 35. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
16.15 		Subdivision 1. Resolution requiring primary in certain circumstances. The 
16.16 	school board of a school district may, by resolution adopted by June 1 April 15 of any 
16.17 	year, decide to choose nominees for school board by a primary as provided in this section. 
16.18 	The resolution, when adopted, is effective for all ensuing elections of board members in 
16.19 	that school district until it is revoked. If the board decides to choose nominees by primary 
16.20 	and if there are more than two candidates for a specified school board position or more 
16.21 	than twice as many school board candidates as there are at-large school board positions 
16.22 	available, the school district must hold a primary. 

16.23 	Sec. 36. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
16.24 		Subd. 2.Date. The school district primary must be held on the first second Tuesday 
16.25 	after the second Monday in September in August in the year when the school district 
16.26 	general election is held. The clerk shall give notice of the primary in the manner provided 
16.27 	in section 205A.07.  

16.28 	Sec. 37. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read:
16.29 		Subd. 3. Cancellation. A special election ordered by the school board on its own 
16.30 	motion under subdivision 1 may be canceled by motion of the school board, but not less 
16.31 	than 46 60 days before the an election held in conjunction with a regularly scheduled 
17.1 	election for federal, state, county, city, or school board office or a special election for 
17.2 	federal office, or 46 days before any other election. 

17.3 	Sec. 38. Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to read:
17.4 		Subd. 1a. Filing period. In school districts that have adopted a resolution to choose 
17.5 	nominees for school board by a primary election, affidavits of candidacy must be filed 
17.6 	with the school district clerk no earlier than the 70th 84th day and no later than the 56th
17.7 	70th day before the first second Tuesday after the second Monday in September in August
17.8 	in the year when the school district general election is held. In all other school districts, 
17.9 	affidavits of candidacy must be filed no earlier than the 70th 84th day and no later than the 
17.10 	56th 70th day before the school district general election. 

17.11 	Sec. 39. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:
17.12 		Subd. 3. Notice to auditor. At least 53 67 days prior to before every school 
17.13 	district election held in conjunction with a regularly scheduled election for federal, state, 
17.14 	county, city, or school board office or a special election for federal office, and at least 
17.15 	53 days before any other school district election, the school district clerk shall provide 
17.16 	a written notice to the county auditor of each county in which the school district is 
17.17 	located. The notice must include the date of the election, the offices to be voted on at the 
17.18 	election, and the title and language for each ballot question to be voted on at the election. 
17.19 	For the purposes of meeting the timelines of this section, in a bond election, a notice, 
17.20 	including a proposed question, may be provided to the county auditor prior to before
17.21 	receipt of a review and comment from the commissioner of education and prior to before
17.22 	actual initiation of the election. Not less than 46 60 days before the an election held in 
17.23 	conjunction with a regularly scheduled election for federal, state, county, city, or school 
17.24 	board office or a special election for federal office, or 46 days before any other election, 
17.25 	the school district clerk must provide written notice to the county auditor of any special 
17.26 	election canceled under section 205A.05, subdivision 3. 

17.27 	Sec. 40. Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read:
17.28 		Subd. 2a.Notice of special elections. The school district clerk shall prepare a notice 
17.29 	to the voters who will be voting in a combined polling place for a school district special 
17.30 	election. The notice must include the following information: the date of the election, the 
17.31 	hours of voting, and the location of the voter's polling place. The notice must be sent by 
17.32 	nonforwardable mail to every affected household in the school district with at least one 
17.33 	registered voter. The notice must be mailed no later than 14 days before the election. The 
18.1 	mailed notice is not required for a school district special election that is held on the day of 
18.2 	the school district primary or general election, the second Tuesday following the second 
18.3 	Monday in September August, the Tuesday following the first Monday in November, or 
18.4 	for a special election conducted entirely by mail. In addition, the mailed notice is not 
18.5 	required for voters residing in a township if the school district special election is held on 
18.6 	the second Tuesday in March and the town general election is held on that day. A notice 
18.7 	that is returned as undeliverable must be forwarded immediately to the county auditor.

18.8 	Sec. 41. Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is 
18.9 	amended to read:
18.10 		Subd. 2.Plan.  The municipal clerk in a municipality where an electronic voting 
18.11 	system is used and the county auditor of a county in which an electronic voting system is 
18.12 	used in more than one municipality and the county auditor of a county in which a counting 
18.13 	center serving more than one municipality is located shall prepare a plan which indicates 
18.14 	acquisition of sufficient facilities, computer time, and professional services and which 
18.15 	describes the proposed manner of complying with section 206.80. The plan must be 
18.16 	signed, notarized, and submitted to the secretary of state more than 60 days before the 
18.17 	first election at which the municipality uses an electronic voting system. Prior to July
18.18 	Before May 1 of each subsequent general election year, the clerk or auditor shall submit 
18.19 	to the secretary of state notification of any changes to the plan on file with the secretary 
18.20 	of state. The secretary of state shall review each plan for its sufficiency and may request 
18.21 	technical assistance from the Office of Enterprise Technology or other agency which may 
18.22 	be operating as the central computer authority. The secretary of state shall notify each 
18.23 	reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt 
18.24 	of the plan. The attorney general, upon request of the secretary of state, may seek a district 
18.25 	court order requiring an election official to fulfill duties imposed by this subdivision or by 
18.26 	rules promulgated pursuant to this section.

18.27 	Sec. 42. Minnesota Statutes 2008, section 208.03, is amended to read:
18.28 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
18.29 	Presidential electors for the major political parties of this state shall be nominated 
18.30 	by delegate conventions called and held under the supervision of the respective state 
18.31 	central committees of the parties of this state. On or before primary At least 77 days 
18.32 	before the general election day the chair of the major political party shall certify to the 
18.33 	secretary of state the names of the persons nominated as presidential electors, the names 
19.1 	of eight alternate presidential electors, and the names of the party candidates for president 
19.2 	and vice president.

19.3 	Sec. 43. Minnesota Statutes 2008, section 211B.045, is amended to read:
19.4 	211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
19.5 	In any municipality, whether or not the municipality has an ordinance that regulates 
19.6 	the size or number of noncommercial signs, all noncommercial signs of any size may be 
19.7 	posted in any number from August 1 45 days before the state primary in a state general 
19.8 	election year until ten days following the state general election.

19.9 	Sec. 44. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
19.10 		Subd. 4.Candidates; ballots; certifying election. A person who wants to be a 
19.11 	candidate for the hospital board shall file an affidavit of candidacy for the election either 
19.12 	as member at large or as a member representing the city or town where the candidate 
19.13 	resides. The affidavit of candidacy must be filed with the city or town clerk not more than 
19.14 	70 84 days nor less than 56 70 days before the first Tuesday after the first Monday in 
19.15 	November of the year in which the general election is held. The city or town clerk must 
19.16 	forward the affidavits of candidacy to the clerk of the hospital district or, for the first 
19.17 	election, the clerk of the most populous city or town immediately after the last day of 
19.18 	the filing period. A candidate may withdraw from the election by filing an affidavit of 
19.19 	withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last 
19.20 	day to file affidavits of candidacy.
19.21 	Voting must be by secret ballot. The clerk shall prepare, at the expense of the 
19.22 	district, necessary ballots for the election of officers. Ballots must be printed on tan paper 
19.23 	and prepared as provided in the rules of the secretary of state. The ballots must be marked 
19.24 	and initialed by at least two judges as official ballots and used exclusively at the election. 
19.25 	Any proposition to be voted on may be printed on the ballot provided for the election 
19.26 	of officers. The hospital board may also authorize the use of voting systems subject to 
19.27 	chapter 206. Enough election judges may be appointed to receive the votes at each 
19.28 	polling place. The election judges shall act as clerks of election, count the ballots cast, 
19.29 	and submit them to the board for canvass.
19.30 	After canvassing the election, the board shall issue a certificate of election to the 
19.31 	candidate who received the largest number of votes cast for each office. The clerk shall 
19.32 	deliver the certificate to the person entitled to it in person or by certified mail. Each person 
19.33 	certified shall file an acceptance and oath of office in writing with the clerk within 30 
19.34 	days after the date of delivery or mailing of the certificate. The board may fill any office 
20.1 	as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 
20.2 	qualification is effective if made before the board acts to fill the vacancy.

20.3 	Sec. 45. EFFECTIVE DATE.
 20.4 	Sections 1 to 44 are effective the day following final enactment.