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SF 3387

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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A bill for an act
relating to elections; prohibiting special elections for Congress or the legislature
near national holidays; amending Minnesota Statutes 2004, section 204D.19,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2004, section 204D.19, subdivision 2, is amended to
read:


Subd. 2.

Special election when the Congress or legislature will be in session.

Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 33rd day prior to the opening day of session
in the succeeding even-numbered year, when a vacancy occurs and the Congress or
legislature will be in session so that the individual elected as provided by this section
could take office and exercise the duties of the office immediately upon election, the
governor shall issue within five days after the vacancy occurs a writ calling for a special
election. The special election shall be held as soon as possible, consistent with the notice
requirements of section 204D.22, subdivision 3deleted text begin , but in no eventdeleted text end new text begin . The special election must
not be held within seven days before or after a national holiday nor
new text end more than 28 days
after the issuance of the writnew text begin , except as necessary to avoid the national holidaynew text end .

Sec. 2.

Minnesota Statutes 2004, section 204D.19, subdivision 3, is amended to read:


Subd. 3.

Special election at other times.

When a vacancy occurs at a time other
than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a
special election to be held so that the individual elected may take office at the opening of
the next session of the Congress or of the legislature, or at the reconvening of a session of
the Congress or of the legislature.new text begin The special election must not be held within seven days
before or after a national holiday.
new text end