SF 60

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to elections; defining certain terms; 
  1.3             changing the name of the state partisan primary to the 
  1.4             state party nominating election; requiring candidates 
  1.5             to demonstrate party support before being listed on a 
  1.6             party's ballot; moving the state party nominating 
  1.7             election and primary from September to June; changing 
  1.8             certain procedures, terms, and deadlines; amending 
  1.9             Minnesota Statutes 1998, sections 10A.255, 
  1.10            subdivisions 1 and 3; 10A.31, subdivision 6; 10A.321; 
  1.11            10A.322, subdivision 1; 10A.323; 200.02, by adding a 
  1.12            subdivision; 202A.14; 202A.19; 204B.08, subdivisions 1 
  1.13            and 2; 204B.09, subdivision 1; 204B.10, subdivisions 
  1.14            2, 3, and 4; 204B.11, subdivision 2; 204B.12, 
  1.15            subdivision 1; 204B.33; 204D.03, subdivision 1; 
  1.16            204D.08, subdivision 4; 205.065, subdivision 1; and 
  1.17            205A.03, subdivision 2; proposing coding for new law 
  1.18            in Minnesota Statutes, chapter 204B. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1998, section 10A.255, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
  1.23  provided in section 10A.25, subdivision 2, must be adjusted for 
  1.24  general election years as provided in this section.  By June 1 
  1.25  of the general election year, The executive director of the 
  1.26  board shall determine the percentage increase in the consumer 
  1.27  price index from December of the year preceding the last general 
  1.28  election year to December of the year preceding the year in 
  1.29  which the determination is made.  The dollar amounts used for 
  1.30  the preceding general election year must be multiplied by that 
  1.31  percentage.  The product of the calculation must be added to 
  1.32  each dollar amount to produce the dollar limitations to be in 
  2.1   effect for the next general election.  The product must be 
  2.2   rounded up to the next highest whole dollar.  The index used 
  2.3   must be the revised consumer price index for all urban consumers 
  2.4   for the St. Paul-Minneapolis metropolitan area prepared by the 
  2.5   United States Department of Labor with 1982 as a base year. 
  2.6      Sec. 2.  Minnesota Statutes 1998, section 10A.255, 
  2.7   subdivision 3, is amended to read: 
  2.8      Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By June March 
  2.9   15 of each election year the board shall publish in the State 
  2.10  Register the expenditure limit for each office for that calendar 
  2.11  year under section 10A.25 as adjusted by this section. 
  2.12     Sec. 3.  Minnesota Statutes 1998, section 10A.31, 
  2.13  subdivision 6, is amended to read: 
  2.14     Subd. 6.  [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 
  2.15  board has obtained from the secretary of state the results of 
  2.16  the primary state party nominating election, but in any event no 
  2.17  later than one week after certification by the state canvassing 
  2.18  board of the results of the primary that election, the board 
  2.19  shall distribute the available funds in each party account, as 
  2.20  certified by the commissioner of revenue on September 1 one week 
  2.21  before the state party nominating election, to the candidates of 
  2.22  that party who have signed the agreement as provided in section 
  2.23  10A.322 and filed the affidavit required by section 10A.323, and 
  2.24  whose names are to appear on the ballot in the general election, 
  2.25  according to the allocations set forth in subdivision 5.  If a 
  2.26  candidate files the affidavit required by section 10A.323 after 
  2.27  September 1 of the general election year later than one week 
  2.28  before the state party nominating election, the board shall pay 
  2.29  the candidate's allocation to the candidate at the next regular 
  2.30  payment date for public subsidies for that election cycle that 
  2.31  occurs at least 15 days after the candidate files the affidavit. 
  2.32     Sec. 4.  Minnesota Statutes 1998, section 10A.321, is 
  2.33  amended to read: 
  2.34     10A.321 [ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.] 
  2.35     Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
  2.36  ESTIMATES.] The commissioner of revenue shall calculate and 
  3.1   certify to the board one week before July 1 the first day for 
  3.2   filing for office in an election year an estimate of the total 
  3.3   amount in the state general account of the state elections 
  3.4   campaign fund and the amount of money each candidate who 
  3.5   qualifies, as provided in section 10A.31, subdivisions 6 and 7, 
  3.6   may receive from the candidate's party account in the state 
  3.7   elections campaign fund.  This estimate must be based upon the 
  3.8   allocations and formulas in section 10A.31, subdivision 5, any 
  3.9   necessary vote totals provided by the secretary of state to 
  3.10  apply the formulas in section 10A.31, subdivision 5, and the 
  3.11  amount of money expected to be available after 100 percent of 
  3.12  the tax returns have been processed.  
  3.13     Subd. 2.  [PUBLICATION, CERTIFICATION, AND NOTIFICATION 
  3.14  PROCEDURES.] Before the first day of filing for office, the 
  3.15  board shall publish and forward to all filing officers the 
  3.16  estimates calculated and certified under subdivision 1 along 
  3.17  with a copy of section 10A.25, subdivision 10.  Within seven 
  3.18  days one week after the last day for filing for office, the 
  3.19  secretary of state shall certify to the board the name, address, 
  3.20  office sought, and party affiliation of each candidate who has 
  3.21  filed with that office an affidavit of candidacy or petition to 
  3.22  appear on the ballot.  The auditor of each county shall certify 
  3.23  to the board the same information for each candidate who has 
  3.24  filed with that county an affidavit of candidacy or petition to 
  3.25  appear on the ballot.  Within seven days afterward two weeks 
  3.26  after the last day for filing for office, the board shall 
  3.27  estimate the minimum amount to be received by each candidate who 
  3.28  qualifies, as provided in section 10A.31, subdivisions 6 and 7.  
  3.29  By August 15 the board shall, and notify all candidates of their 
  3.30  minimum amount.  The board shall include with the notice a form 
  3.31  for the agreement provided in section 10A.322 along with a copy 
  3.32  of section 10A.25, subdivision 10. 
  3.33     Sec. 5.  Minnesota Statutes 1998, section 10A.322, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  3.36  condition of receiving a public subsidy, a candidate shall sign 
  4.1   and file with the board a written agreement in which the 
  4.2   candidate agrees that the candidate will comply with sections 
  4.3   10A.25 and 10A.324. 
  4.4      (b) Before the first day of filing for office, the board 
  4.5   shall forward agreement forms to all filing officers.  The board 
  4.6   shall also provide agreement forms to candidates on request at 
  4.7   any time.  The candidate may sign an agreement and submit it to 
  4.8   the filing officer on the day of filing an affidavit of 
  4.9   candidacy or petition to appear on the ballot, in which case the 
  4.10  filing officer shall without delay forward signed agreements to 
  4.11  the board.  Alternatively, the candidate may submit the 
  4.12  agreement directly to the board at any time that is at least one 
  4.13  week before September 1 preceding the general the candidate's 
  4.14  state party nominating election.  An agreement may not be filed 
  4.15  after that date.  An agreement once filed may not be rescinded. 
  4.16     (c) The board shall forward a copy of any agreement signed 
  4.17  under this subdivision to the commissioner of revenue.  
  4.18     (d) Notwithstanding any provisions of this section, when a 
  4.19  vacancy occurs that will be filled by means of a special 
  4.20  election and the filing period does not coincide with the filing 
  4.21  period for the general election, a candidate may sign and submit 
  4.22  a spending limit agreement at any time before the deadline for 
  4.23  submission of a signed agreement under section 10A.315. 
  4.24     Sec. 6.  Minnesota Statutes 1998, section 10A.323, is 
  4.25  amended to read: 
  4.26     10A.323 [MATCHING REQUIREMENTS.] 
  4.27     In addition to the requirements of section 10A.322, to be 
  4.28  eligible to receive a public subsidy under section 10A.31 a 
  4.29  candidate or the candidate's treasurer shall file an affidavit 
  4.30  with the board stating that during that calendar year the 
  4.31  candidate has accumulated contributions from persons eligible to 
  4.32  vote in this state in the amount indicated for the office 
  4.33  sought, counting only the first $50 received from each 
  4.34  contributor: 
  4.35     (1) candidates for governor and lieutenant governor running 
  4.36  together, $35,000; 
  5.1      (2) candidates for attorney general, $15,000; 
  5.2      (3) candidates for secretary of state, state treasurer, and 
  5.3   state auditor, separately, $6,000; 
  5.4      (4) candidates for the senate, $3,000; and 
  5.5      (5) candidates for the house of representatives, $1,500. 
  5.6      The affidavit must state the total amount of contributions 
  5.7   that have been received from persons eligible to vote in this 
  5.8   state and the total amount of those contributions received, 
  5.9   disregarding the portion of any contribution in excess of $50.  
  5.10     The candidate or the candidate's treasurer shall submit the 
  5.11  affidavit required by this section to the board in writing by 
  5.12  September 1 of the general election year no later than one week 
  5.13  before the state party nominating election to receive the 
  5.14  payment based on the results of the primary that election, by 
  5.15  September 15 to receive the payment made October 1, by October 1 
  5.16  to receive the payment made October 15, by November 1 to receive 
  5.17  the payment made November 15 following the general election, and 
  5.18  by December 1 to receive the payment made December 15. 
  5.19     Sec. 7.  Minnesota Statutes 1998, section 200.02, is 
  5.20  amended by adding a subdivision to read: 
  5.21     Subd. 23.  [CONSTITUTIONAL OFFICE.] "Constitutional office" 
  5.22  means the offices of governor, lieutenant governor, secretary of 
  5.23  state, state auditor, state treasurer, and attorney general. 
  5.24     Sec. 8.  Minnesota Statutes 1998, section 202A.14, is 
  5.25  amended to read: 
  5.26     202A.14 [CONVENTION OR PRECINCT CAUCUS.] 
  5.27     Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
  5.28  At 7:00 p.m. On any day from the first Tuesday in March to the 
  5.29  second Saturday in March in every state general election 
  5.30  year there, each major political party shall be held hold a 
  5.31  senate district convention or county convention or a party 
  5.32  caucus for every election precinct a party caucus in the manner 
  5.33  provided in sections 202A.14 to 202A.19, except that.  The 
  5.34  county or legislative district executive committee shall 
  5.35  determine whether the party's first level of organization in a 
  5.36  given year is to be the senate district or county convention or 
  6.1   the precinct caucus.  In the event of severe weather a major 
  6.2   political party may request the secretary of state to 
  6.3   postpone conventions or caucuses.  If a major political party 
  6.4   makes a request, or upon the secretary of state's own 
  6.5   initiative, after consultation with all major political parties 
  6.6   and on the advice of the federal weather bureau and the 
  6.7   department of transportation, the secretary of state may declare 
  6.8   conventions or precinct caucuses to be postponed for a week in 
  6.9   counties where weather makes travel especially dangerous.  The 
  6.10  secretary of state shall submit a notice of the postponement to 
  6.11  news media covering the affected counties by 6:00 p.m. on the 
  6.12  scheduled day of the convention or caucus.  A postponed 
  6.13  convention or caucus may also be postponed pursuant to this 
  6.14  subdivision. 
  6.15     Subd. 2.  [CONVENTION OR CAUCUS CALL.] The chair of the 
  6.16  county or legislative district executive committee, whichever is 
  6.17  provided for by party rules, shall issue the call for 
  6.18  the convention or precinct caucus at least 20 days before the 
  6.19  time set for holding the convention or caucus, and the call 
  6.20  shall contain the following: 
  6.21     (a) Name of party; 
  6.22     (b) Name of county or senate district number or precinct 
  6.23  number; 
  6.24     (c) Date convention or caucus is to be held; 
  6.25     (d) Place convention or caucus is to be held; 
  6.26     (e) Hours during which the convention or caucus shall be 
  6.27  held; 
  6.28     (f) Statutory rules governing the convention or caucus; 
  6.29     (g) A statement of business to be conducted including the 
  6.30  election of a chair and such other officers as may be provided 
  6.31  by party rules, and the election of delegates to county or 
  6.32  district the next level of conventions; 
  6.33     (h) Number of delegates to be elected; 
  6.34     (i) Name of the county or legislative district chair 
  6.35  issuing the call; 
  6.36     (j) For a caucus, name of the present precinct chair or 
  7.1   other person who will be the convener of the caucus; 
  7.2      (k) A space for entering the names of the officers and 
  7.3   delegates elected by the convention or caucus.  
  7.4      Subd. 3.  [NOTICE.] The county or legislative district 
  7.5   chair shall give at least six days' published notice of the 
  7.6   holding of the precinct convention or caucus, stating the place, 
  7.7   date, and time for holding the convention or caucus, and shall 
  7.8   deliver the same information to the county auditor at least 20 
  7.9   days before the precinct convention or caucus.  The county 
  7.10  auditor shall make this information available to persons who 
  7.11  request it.  
  7.12     Sec. 9.  Minnesota Statutes 1998, section 202A.19, is 
  7.13  amended to read: 
  7.14     202A.19 [CONVENTION OR CAUCUS, SCHOOL SCHEDULE PREEMPTION, 
  7.15  EXCUSAL FROM EMPLOYMENT TO ATTEND.] 
  7.16     Subdivision 1.  No school board, county board of 
  7.17  commissioners, township board, or city council may conduct a 
  7.18  meeting after 6:00 p.m. on the day of a major political party 
  7.19  precinct caucus, or senate district or county convention, if the 
  7.20  party has selected those conventions as its first level of 
  7.21  organization and the caucus or convention is held on a 
  7.22  weeknight, Monday through Friday, after that time. 
  7.23     Subd. 2.  Every employee who is entitled to attend a major 
  7.24  political party precinct caucus, or senate district or county 
  7.25  convention, if the party has selected those conventions as its 
  7.26  first level of organization, is entitled, after giving the 
  7.27  employer at least ten days' written notice, to be absent from 
  7.28  work for the purpose of attending the convention or caucus 
  7.29  during the time for which the caucus it is scheduled without 
  7.30  penalty or deduction from salary or wages on account of the 
  7.31  absence other than a deduction in salary for the time of absence 
  7.32  from employment. 
  7.33     Subd. 3.  The University of Minnesota may not schedule an 
  7.34  event which will take place after 6:00 p.m. on the day of a 
  7.35  major political party precinct caucus, or senate district or 
  7.36  county convention, if the party has selected those conventions 
  8.1   as its first level of organization and the caucus or convention 
  8.2   is held on a weeknight, Monday through Friday, after that time, 
  8.3   unless permission to do so has been received from the board of 
  8.4   regents.  No Minnesota state college or university may schedule 
  8.5   an event which will take place after 6:00 p.m. on the day of a 
  8.6   major political party precinct caucus, or senate district or 
  8.7   county convention, if the party has selected those conventions 
  8.8   as its first level of organization and the caucus or convention 
  8.9   is held on a weeknight, Monday through Friday, after that time, 
  8.10  unless permission to do so has been received from the board of 
  8.11  trustees of the Minnesota state colleges and universities.  
  8.12     Subd. 4.  No school official may deny the use of a public 
  8.13  school building for the holding of a major political party 
  8.14  precinct caucus, or senate district or county convention, if the 
  8.15  party has selected those conventions as its first level of 
  8.16  organization, if the school office has received a written 
  8.17  request for the use of the school building 30 days or more prior 
  8.18  to the date of the caucus. 
  8.19     Subd. 5.  No public elementary or secondary school may hold 
  8.20  a school sponsored event after 6:00 p.m. on the day of a major 
  8.21  political party precinct caucus, or senate district or county 
  8.22  convention, if the party has selected those conventions as its 
  8.23  first level of organization and the caucus or convention is held 
  8.24  on a weeknight, Monday through Friday, after that time. 
  8.25     Subd. 6.  No state agency, board, commission, department or 
  8.26  committee shall conduct a public meeting after 6:00 p.m. on the 
  8.27  day of a major political party precinct caucus, or senate 
  8.28  district or county convention, if the party has selected those 
  8.29  conventions as its first level of organization and the caucus or 
  8.30  convention is held on a weeknight, Monday through Friday, after 
  8.31  that time. 
  8.32     Sec. 10.  [204B.055] [FILING FOR PRIMARY; MAJOR PARTY 
  8.33  CANDIDATES FOR CONSTITUTIONAL OFFICE.] 
  8.34     Subdivision 1.  [NOTICE OF OFFICES TO BE ELECTED.] By 
  8.35  February 15 of every even-numbered year the secretary of state 
  8.36  shall send a notice of the constitutional offices to be elected 
  9.1   at the state general election to the state chair of each major 
  9.2   political party.  
  9.3      Subd. 2.  [CERTIFICATION OF CANDIDATES.] No later than 
  9.4   eight weeks before the state party nominating election, the 
  9.5   state chair of each major political party shall certify to the 
  9.6   secretary of state the names of every person who received at 
  9.7   least a certain percentage of the votes on any ballot at the 
  9.8   appropriate party endorsing convention for a constitutional 
  9.9   office according to the party rules.  The threshold percentage 
  9.10  established by the party rules may be as low as five percent but 
  9.11  no higher than 30 percent.  Candidates who receive the 
  9.12  endorsement of the party must be designated as such on the 
  9.13  certification.  
  9.14     Subd. 3.  [FORM OF CERTIFICATION.] The certification of 
  9.15  candidates must include the name of the candidate as it is to 
  9.16  appear on the ballot and the name of the office sought.  The 
  9.17  certification shall also include a statement that each candidate 
  9.18  meets the qualifications for the office sought.  The 
  9.19  certification must be prepared by the party chair in the manner 
  9.20  provided by the secretary of state.  
  9.21     Subd. 4.  [ELIGIBILITY OF CANDIDATES.] No candidate shall 
  9.22  be certified by a major political party who does not meet the 
  9.23  constitutional and statutory requirements for the office sought. 
  9.24     Subd. 5.  [FILING BY PETITION.] Any eligible voter whose 
  9.25  name is not certified by a major political party as provided in 
  9.26  this section may obtain access to the state party nomination 
  9.27  ballot for a constitutional office by filing an affidavit of 
  9.28  candidacy and a petition.  
  9.29     The petition must include the signatures of at least five 
  9.30  percent of the number of persons voting for the nomination of 
  9.31  the office sought at the last state party nominating election.  
  9.32  The minimum number of signatures required must be calculated 
  9.33  separately for each congressional district.  By February 15 of 
  9.34  each even-numbered year, the secretary of state shall determine 
  9.35  the minimum number of signatures and the minimum distribution of 
  9.36  signatures by congressional district required for persons 
 10.1   submitting petitions as provided in this subdivision.  
 10.2      Subd. 6.  [FORM OF PETITION.] The petition required by 
 10.3   subdivision 5 must include the following information:  
 10.4   candidate's name, candidate's address, party name, and office 
 10.5   sought.  The petition must include the following oath or 
 10.6   affirmation of the signers:  "I solemnly swear (or affirm) that 
 10.7   I know the contents and purpose of this petition, that I either 
 10.8   voted or affiliated with the party at the last state general 
 10.9   election or intend to vote or affiliate with the party at the 
 10.10  next state general election, and that I signed this petition of 
 10.11  my own free will." 
 10.12     Petitions submitted under this subdivision must be in the 
 10.13  form specified by the secretary of state, who shall prepare 
 10.14  samples of the form.  
 10.15     Subd. 7.  [CANDIDATES WITHOUT PARTY CERTIFICATION OR 
 10.16  PETITION.] A candidate may not be placed on the state party 
 10.17  nominating election ballot to seek the nomination of a major 
 10.18  political party for a constitutional office without party 
 10.19  certification under subdivision 2 or a party petition under 
 10.20  subdivisions 5 and 6. 
 10.21     Sec. 11.  Minnesota Statutes 1998, section 204B.08, 
 10.22  subdivision 1, is amended to read: 
 10.23     Subdivision 1.  [TIME FOR SIGNING.] Nominating Petitions 
 10.24  shall be signed during the period when petitions may be filed as 
 10.25  provided in section 204B.09.  
 10.26     Sec. 12.  Minnesota Statutes 1998, section 204B.08, 
 10.27  subdivision 2, is amended to read: 
 10.28     Subd. 2.  [QUALIFICATIONS OF SIGNERS.] A nominating 
 10.29  petition may be signed only by individuals who are eligible to 
 10.30  vote for the candidate who is nominated named on the petition.  
 10.31  No individual may sign more than one nominating petition for 
 10.32  candidates for the same office unless more than one candidate is 
 10.33  to be elected to that office.  If more than one candidate is to 
 10.34  be elected to the office, an individual may sign as many 
 10.35  petitions as there are candidates to be elected.  
 10.36     Sec. 13.  Minnesota Statutes 1998, section 204B.09, 
 11.1   subdivision 1, is amended to read: 
 11.2      Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
 11.3   ELECTIONS.] Except as otherwise provided by this subdivision, 
 11.4   affidavits of candidacy and any nominating petitions required by 
 11.5   section 204B.055 for county, state and federal offices filled at 
 11.6   the state general election and affidavits of candidacy for all 
 11.7   county offices shall be filed not more than 70 days ten weeks 
 11.8   nor less than 56 days eight weeks before the state primary.  A 
 11.9   candidate not seeking the nomination of a major political party 
 11.10  shall file a nominating petition for a state or federal office 
 11.11  with the affidavit of candidacy not more than ten weeks nor less 
 11.12  than eight weeks before the state general election.  The 
 11.13  affidavit may be prepared and signed at any time between 60 days 
 11.14  before the filing period opens and the last day of the filing 
 11.15  period.  Notwithstanding other law to the contrary, the 
 11.16  affidavit of candidacy must be signed in the presence of a 
 11.17  notarial officer.  Candidates for presidential electors may file 
 11.18  petitions on or before the state primary day not more than ten 
 11.19  weeks nor less than eight weeks before the state general 
 11.20  election.  Nominating petitions to fill vacancies in nominations 
 11.21  shall be filed as provided in section 204B.13.  No affidavit or 
 11.22  petition shall be accepted later than 5:00 p.m. on the last day 
 11.23  for filing.  Affidavits and petitions for offices to be voted on 
 11.24  in only one county shall be filed with the county auditor of 
 11.25  that county.  Affidavits and petitions for offices to be voted 
 11.26  on in more than one county shall be filed with the secretary of 
 11.27  state. 
 11.28     Sec. 14.  Minnesota Statutes 1998, section 204B.10, 
 11.29  subdivision 2, is amended to read: 
 11.30     Subd. 2.  [NOMINATING PETITIONS; ACKNOWLEDGMENT; 
 11.31  NUMBERING.] On the day a nominating petition is filed, the 
 11.32  election official shall deliver or mail an acknowledgment of the 
 11.33  petition to the individual who files it and to the candidate who 
 11.34  is to be nominated.  The election official shall also number the 
 11.35  petitions in the order received.  The petitions shall be 
 11.36  retained as provided in section 204B.40, and shall be available 
 12.1   for public inspection during that period.  
 12.2      Sec. 15.  Minnesota Statutes 1998, section 204B.10, 
 12.3   subdivision 3, is amended to read: 
 12.4      Subd. 3.  [INSPECTION.] The official with whom nominating 
 12.5   petitions are filed shall inspect the petitions in the order 
 12.6   filed to verify that there are a sufficient number of signatures 
 12.7   of individuals whose residence address as shown on the petition 
 12.8   is in the district where the candidate is to be nominated.  
 12.9      Sec. 16.  Minnesota Statutes 1998, section 204B.10, 
 12.10  subdivision 4, is amended to read: 
 12.11     Subd. 4.  [CERTIFICATION.] The secretary of state shall 
 12.12  certify to the county auditor of each county the names of all 
 12.13  candidates nominated by petitions filed with the secretary of 
 12.14  state.  Certification of candidates filing petitions as provided 
 12.15  in section 204B.055 must be made at the same time that the 
 12.16  secretary of state certifies candidates for the state party 
 12.17  nominating election.  Certification shall of candidates 
 12.18  nominated by petition must be made at the same time as the 
 12.19  secretary of state certifies the names of candidates who are 
 12.20  nominated at the primary.  
 12.21     Sec. 17.  Minnesota Statutes 1998, section 204B.11, 
 12.22  subdivision 2, is amended to read: 
 12.23     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
 12.24  filing an affidavit of candidacy, a candidate may present a 
 12.25  petition in place of the filing fee.  The petition may be signed 
 12.26  by any individual eligible to vote for the candidate.  A 
 12.27  nominating petition filed pursuant to section 204B.07 or 
 12.28  204B.13, subdivision 4, or a petition submitted to the secretary 
 12.29  of state as provided in section 204B.055 is effective as a 
 12.30  petition in place of a filing fee if the nominating petition 
 12.31  includes a prominent statement informing the signers of the 
 12.32  petition that it will be used for that purpose.  
 12.33     The number of signatures on a petition used solely in place 
 12.34  of a filing fee shall be as follows:  
 12.35     (a) for a state office voted on statewide, or for president 
 12.36  of the United States, or United States senator, 2,000; 
 13.1      (b) for a congressional office, 1,000; 
 13.2      (c) for a county or legislative office, or for the office 
 13.3   of district judge, 500; and 
 13.4      (d) for any other office which requires a filing fee as 
 13.5   prescribed by law, municipal charter, or ordinance, the lesser 
 13.6   of 500 signatures or five percent of the total number of votes 
 13.7   cast in the municipality, ward, or other election district at 
 13.8   the preceding general election at which that office was on the 
 13.9   ballot.  
 13.10     An official with whom petitions are filed shall make sample 
 13.11  forms for petitions in place of filing fees available upon 
 13.12  request.  
 13.13     Sec. 18.  Minnesota Statutes 1998, section 204B.12, 
 13.14  subdivision 1, is amended to read: 
 13.15     Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
 13.16  from the primary ballot by filing an affidavit of withdrawal 
 13.17  with the same official who received the affidavit of candidacy.  
 13.18  The affidavit shall request that official to withdraw the 
 13.19  candidate's name from the ballot and shall be filed no later 
 13.20  than three days 5:00 p.m. on the day after the last day for 
 13.21  filing for the office.  
 13.22     Sec. 19.  Minnesota Statutes 1998, section 204B.33, is 
 13.23  amended to read: 
 13.24     204B.33 [NOTICE OF FILING.] 
 13.25     (a) Between June 1 and July 1 in each even numbered year No 
 13.26  later than 15 weeks before the state party nominating election, 
 13.27  the secretary of state shall notify each county auditor of the 
 13.28  offices to be voted for in that county at the next state general 
 13.29  election for which candidates file with the secretary of state.  
 13.30  The notice shall include the time and place of filing for those 
 13.31  offices.  Within ten days after notification by the secretary of 
 13.32  state, each county auditor shall notify each municipal clerk in 
 13.33  the county of all the offices to be voted for in the county at 
 13.34  that election and the time and place for filing for those 
 13.35  offices.  The county auditors and municipal clerks shall 
 13.36  promptly post a copy of that notice in their offices. 
 14.1      (b) At least two weeks before the first day to file an 
 14.2   affidavit of candidacy, the county auditor shall publish a 
 14.3   notice stating the first and last dates on which affidavits of 
 14.4   candidacy may be filed in the county auditor's office and the 
 14.5   closing time for filing on the last day for filing.  The county 
 14.6   auditor shall post a similar notice at least ten days before the 
 14.7   first day to file affidavits of candidacy. 
 14.8      Sec. 20.  Minnesota Statutes 1998, section 204D.03, 
 14.9   subdivision 1, is amended to read: 
 14.10     Subdivision 1.  [STATE PARTY NOMINATING ELECTION AND 
 14.11  PRIMARY.] The state party nominating election and primary shall 
 14.12  be held on the first Tuesday after the second Monday in 
 14.13  September June in each even-numbered year to select the nominees 
 14.14  of the major political parties for partisan offices and the 
 14.15  nominees for nonpartisan offices to be filled at the state 
 14.16  general election, other than presidential electors.  
 14.17     Sec. 21.  Minnesota Statutes 1998, section 204D.08, 
 14.18  subdivision 4, is amended to read: 
 14.19     Subd. 4.  [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION 
 14.20  BALLOT; PARTY COLUMNS.] The state partisan primary party 
 14.21  nominating election ballot shall be headed by the words 
 14.22  "State Partisan Primary Party Nominating Election Ballot."  The 
 14.23  ballot shall be printed on white paper.  There must be at least 
 14.24  three vertical columns on the ballot and each major political 
 14.25  party shall have a separate column headed by the words 
 14.26  ".......... Party," giving the party name.  Above the party 
 14.27  names, the following statement shall be printed.  
 14.28     "Minnesota Election Law permits you to vote for the 
 14.29  candidates of only one political party in a state partisan 
 14.30  primary party nominating election." 
 14.31     If there are only two major political parties to be listed 
 14.32  on the ballot, one party must occupy the left-hand column, the 
 14.33  other party must occupy the right-hand column, and the center 
 14.34  column must contain the following statement:  
 14.35     "Do not vote for candidates of more than one party."  
 14.36     The names of the candidates seeking the nomination of each 
 15.1   major political party shall be listed in that party's column.  
 15.2   The name of a candidate who was endorsed by a major political 
 15.3   party at the appropriate party endorsing convention according to 
 15.4   the party rules must be followed by the term "endorsed."  If 
 15.5   only one individual files an affidavit of candidacy seeking the 
 15.6   nomination of a major political party for an office, the name of 
 15.7   that individual shall be placed on the state partisan 
 15.8   primary party nominating election ballot at the appropriate 
 15.9   location in that party's column.  
 15.10     In each column, the candidates for senator in Congress 
 15.11  shall be listed first, candidates for representative in Congress 
 15.12  second, candidates for state senator third, candidates for state 
 15.13  representative fourth and then candidates for state office in 
 15.14  the order specified by the secretary of state.  
 15.15     The party columns shall be substantially the same in width, 
 15.16  type, and appearance.  The columns shall be separated by a 
 15.17  12-point solid line. 
 15.18     Sec. 22.  Minnesota Statutes 1998, section 205.065, 
 15.19  subdivision 1, is amended to read: 
 15.20     Subdivision 1.  [ESTABLISHING PRIMARY.] A municipal primary 
 15.21  for the purpose of nominating elective officers may be held in 
 15.22  any city on the first Tuesday after the second Monday in 
 15.23  September of any an odd-numbered year or on the date of the 
 15.24  state primary.  The primary must be held in the same year in 
 15.25  which a municipal general election is to be held for the purpose 
 15.26  of electing officers. 
 15.27     Sec. 23.  Minnesota Statutes 1998, section 205A.03, 
 15.28  subdivision 2, is amended to read: 
 15.29     Subd. 2.  [DATE.] The school district primary must be held 
 15.30  on the first Tuesday after the second Monday in September of an 
 15.31  odd-numbered year or on the date of the state primary.  The 
 15.32  primary must be held in the year when the school district 
 15.33  general election is held.  The clerk shall give notice of the 
 15.34  primary in the manner provided in section 205A.07. 
 15.35     Sec. 24.  [INSTRUCTION TO REVISOR.] 
 15.36     The revisor of statutes shall change the terms in column A 
 16.1   to the corresponding terms in column B wherever they appear in 
 16.2   Minnesota Statutes or Minnesota Rules. 
 16.3          Column A                       Column B
 16.4     "state primary"              "state party nominating
 16.5                                   election and primary"
 16.6     "state partisan primary"     "state party nominating
 16.7                                   election"