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Minnesota Legislature

Office of the Revisor of Statutes

SF 514

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 03:42pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; making changes to provisions related to the administration
of elections; making technical changes; amending Minnesota Statutes 2016, sections
123B.09, subdivision 5b; 204B.09, subdivision 3; 204B.13, subdivision 1; 204B.16,
subdivision 1a; 204C.32, subdivision 2; 204C.33, subdivision 3; 205.07, subdivision
1; 205A.05, subdivision 2; 208.04, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 123B.09, subdivision 5b, is amended to read:


Subd. 5b.

Appointments to fill vacancies; special elections.

(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph (b). If the appointment becomes effective, it shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
A special election to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy. If the vacancy occurs less than 90 days
prior to the first Tuesday after the first Monday in November in the year in which the vacancy
occurs, the special election must be held no later than the first Tuesday after the first Monday
in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of the term, no
special election is required.new text begin If the vacancy is filled by a special election, the person elected
at that election for the ensuing term shall take office immediately after receiving the
certificate of election, filing the bond, and taking the oath of office.
new text end

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).

Sec. 2.

Minnesota Statutes 2016, section 204B.09, subdivision 3, is amended to read:


Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request.new text begin No written request shall be accepted later than 5:00 p.m. on
the last day for filing a written request.
new text end

(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

(c) A candidate for governor who files a request under this subdivision must include the
name of a candidate for lieutenant governor.

Sec. 3.

Minnesota Statutes 2016, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

Partisan office.

(a) A vacancy in nomination for a partisan office must
be filled in the manner provided by this section. A vacancy in nomination exists for a partisan
office when a major political party candidate who has been nominated in accordance with
section 204D.03, subdivision 3, or 204D.10, subdivision 1:

(1) dies;

(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least
one day prior to the general election with the same official who received the affidavit of
candidacy; or

(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to
a court order issued under section 204B.44.

(b) An affidavit of withdrawal filed under paragraph (a), clause deleted text begin(3)deleted text endnew text begin (2)new text end, must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at least
two licensed physicians. The affidavit and certificate may be filed by the candidate or the
candidate's legal guardian.

Sec. 4.

Minnesota Statutes 2016, section 204B.16, subdivision 1a, is amended to read:


Subd. 1a.

Notice to voters.

If the location of a polling place has been changed, the
governing body establishing the polling place shall send to every affected household with
at least one registered voter in the precinct a nonforwardable mailed notice stating the
location of the new polling place at least 25 days before the next election. The secretary of
state shall prepare a sample of this notice. A notice that is returned as undeliverable must
be forwarded immediately to the county auditor. This subdivision does not apply to a polling
place location that is changed on election day under section deleted text begin204B.17deleted text endnew text begin 204B.175new text end.

Sec. 5.

Minnesota Statutes 2016, section 204C.32, subdivision 2, is amended to read:


Subd. 2.

State canvass.

The State Canvassing Board shall meet deleted text beginat the secretary of state's
office
deleted text endnew text begin at a public meeting space located in the Capitol complex areanew text end seven days after the
state primary to canvass the certified copies of the county canvassing board reports received
from the county auditors. Immediately after the canvassing board declares the results, the
secretary of state shall certify the names of the nominees to the county auditors. The secretary
of state shall mail to each nominee a notice of nomination.

Sec. 6.

Minnesota Statutes 2016, section 204C.33, subdivision 3, is amended to read:


Subd. 3.

State canvass.

The State Canvassing Board shall meet deleted text beginat the secretary of state's
office
deleted text endnew text begin at a public meeting space located in the Capitol complex areanew text end on the third Tuesday
following the state general election to canvass the certified copies of the county canvassing
board reports received from the county auditors and shall prepare a report that states:

deleted text begin (a)deleted text endnew text begin (1)new text end the number of individuals voting in the state and in each county;

deleted text begin (b)deleted text endnew text begin (2)new text end the number of votes received by each of the candidates, specifying the counties
in which they were cast; and

deleted text begin (c)deleted text endnew text begin (3)new text end the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.

All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.

Sec. 7.

Minnesota Statutes 2016, section 205.07, subdivision 1, is amended to read:


Subdivision 1.

Date of election.

The municipal general election in each city shall be
held on the first Tuesday after the first Monday in November in every even-numbered year.
Notwithstanding any provision of law to the contrary and subject to the provisions of this
section, the governing body of a city may, by ordinance passed at a regular meeting held
deleted text begin before June 1 of any year, elect todeleted text endnew text begin at least 180 calendar days before the first day to file for
candidacy in the next municipal election, decide to
new text end hold the election on the first Tuesday
after the first Monday in November in deleted text begineachdeleted text end new text begineither an even- or new text endodd-numbered year. A city
may hold elections in either the even-numbered year or the odd-numbered year, but not
both. When a city changes its elections from one year to another, and does not provide for
the expiration of terms by ordinance, the term of an incumbent expiring at a time when no
municipal election is held in the months immediately prior to expiration is extended until
the date for taking office following the next scheduled municipal election. If the change
results in having three council members to be elected at a succeeding election, the two
individuals receiving the highest vote shall serve for terms of four years and the individual
receiving the third highest number of votes shall serve for a term of two years. To provide
an orderly transition to the odd or even year election plan, the governing body of the city
may adopt supplementary ordinances regulating initial elections and officers to be chosen
at the elections and shortening or lengthening the terms of incumbents and those elected at
the initial election. The term of office for the mayor may be either two or four years. The
term of office of council members is four years. Whenever the time of the municipal election
is changed, the city clerk immediately shall notify in writing the county auditor and secretary
of state of the change of date. Thereafter the municipal general election shall be held on the
first Tuesday after the first Monday in November in each odd-numbered or even-numbered
year until the ordinance is revoked and notification of the change is made. A municipal
general election scheduled to be held in an odd-numbered year may be postponed for
inclement weather as provided in section 205.105.

Sec. 8.

Minnesota Statutes 2016, section 205A.05, subdivision 2, is amended to read:


Subd. 2.

Vacancies in school district offices.

Special elections to fill vacancies in
elective school district offices shall be held in school districts pursuant to section deleted text begin123B.095deleted text endnew text begin
123B.09
new text end. When more than one vacancy exists in an office elected at-large, voters must be
instructed to vote for up to the number of vacancies to be filled.

Sec. 9.

Minnesota Statutes 2016, section 208.04, subdivision 1, is amended to read:


Subdivision 1.

Form of presidential ballots.

When presidential electors and alternates
are to be voted for, a vote cast for the party candidates for president and vice president shall
be deemed a vote for that party's electors and alternates as filed with the secretary of state.
The secretary of state shall certify the names of all duly nominated presidential and vice
presidential candidates to the county auditors of the counties of the state. Each county
auditor, subject to the rules of the secretary of state, shall cause the names of the candidates
of each major political party and the candidates nominated by petition to be deleted text beginprinted in capital
letters,
deleted text end set in type of the same size and style as for candidates on the state general election
ballot, before the party designation. To the left of, and on the same line with the names of
the candidates for president and vice president, near the margin, shall be placed deleted text begina square or
box
deleted text endnew text begin an oval or similar target shapenew text end, in which the voters may indicate their choice deleted text beginby marking
an "X."
deleted text endnew text begin.
new text end

The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with the
required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.