SF 80

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; providing for presidential 
  1.3             primaries by mail; amending Minnesota Statutes 1996, 
  1.4             sections 204B.45, subdivision 3, and by adding a 
  1.5             subdivision; 207A.01; 207A.02, subdivision 1a; 
  1.6             207A.03; 207A.04, subdivision 3; 207A.06, subdivision 
  1.7             2; 207A.08; and 207A.09; proposing coding for new law 
  1.8             in Minnesota Statutes, chapter 207A; repealing 
  1.9             Minnesota Statutes 1996, section 207A.07. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 204B.45, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 1b.  [PRESIDENTIAL PRIMARY.] The secretary of state 
  1.14  shall conduct the presidential primary by mail, in the manner 
  1.15  provided in this section, to the extent practicable, and chapter 
  1.16  207A. 
  1.17     Sec. 2.  Minnesota Statutes 1996, section 204B.45, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [ELECTION LAW APPLIED; RULES.] The Minnesota 
  1.20  election law is applicable to mail balloting except as provided 
  1.21  by this section or by rules adopted by the secretary of state, 
  1.22  but only paper ballots may be used.  The secretary of state 
  1.23  shall adopt rules for the conduct of mail balloting, including 
  1.24  instructions to voters, procedures for challenge of voters, 
  1.25  public observation of the counting of ballots, and procedures 
  1.26  for proper handling and safeguarding of ballots to ensure the 
  1.27  integrity of the election. 
  2.1      Sec. 3.  Minnesota Statutes 1996, section 207A.01, is 
  2.2   amended to read: 
  2.3      207A.01 [PRESIDENTIAL PRIMARY.] 
  2.4      A presidential primary must be held on the first Tuesday in 
  2.5   April of March 1 each year after 1999 in which a president and 
  2.6   vice president of the United States are to be nominated and 
  2.7   elected, at which the voters of this state may express their 
  2.8   preference among the candidates of the major political party of 
  2.9   their choice, for that party's nomination to be president of the 
  2.10  United States or may vote for uncommitted delegates to the 
  2.11  national party convention.  For the purposes of sections 207A.01 
  2.12  to 207A.07 207A.09, "political party" or "party" means a 
  2.13  political party as defined in section 200.02, subdivision 7.  
  2.14     Sec. 4.  Minnesota Statutes 1996, section 207A.02, 
  2.15  subdivision 1a, is amended to read: 
  2.16     Subd. 1a.  [TIME FOR FILING; FEE.] The period for filing an 
  2.17  affidavit of candidacy for the presidential primary must begin 
  2.18  16 weeks before the primary and end 14 weeks before the 
  2.19  primary.  The filing fee is $500 $1,000.  The period for signing 
  2.20  nominating petitions must begin 16 weeks before the primary and 
  2.21  end ten weeks before the primary. 
  2.22     Sec. 5.  Minnesota Statutes 1996, section 207A.03, is 
  2.23  amended to read: 
  2.24     207A.03 [PRESIDENTIAL PRIMARY; HOW CONDUCTED.] 
  2.25     Subdivision 1.  [GENERAL RULE.] Except as otherwise 
  2.26  provided in sections 207A.01 to 207A.07 207A.09, the 
  2.27  presidential primary must be conducted, and the results 
  2.28  canvassed and returned in the manner provided by law for the 
  2.29  state primary.  If a municipality which uses lever voting 
  2.30  machines or an electronic voting system determines that the use 
  2.31  of the machines or voting system would not be practical in the 
  2.32  presidential primary, the municipality may use a paper ballot 
  2.33  for the presidential primary. 
  2.34     Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
  2.35  seeking to vote at the presidential primary shall request choose 
  2.36  the ballot of the party for whose candidates the individual 
  3.1   wishes to vote and must indicate this choice on the mail voter's 
  3.2   certificate.  The voter registration certificate or duplicate 
  3.3   registration file for the presidential primary must list the 
  3.4   names of the political parties appearing on the ballot at the 
  3.5   presidential primary.  Before receiving a ballot, a voter shall 
  3.6   sign the voter's certificate or duplicate registration file and 
  3.7   shall place a check mark beside the name of the political party 
  3.8   whose ballot the voter requested. 
  3.9      Subd. 3.  [PROCEDURES.] At least 14 days before the 
  3.10  presidential primary, the secretary of state shall mail ballots 
  3.11  to each person registered to vote on the 21st day before the 
  3.12  presidential primary, except that no ballot may be mailed to a 
  3.13  challenged voter.  Voted ballots may be returned in person or by 
  3.14  mail to either the secretary of state or the county auditor no 
  3.15  later than 8:00 p.m. on the day of the presidential primary.  If 
  3.16  the voted ballots are returned by mail, the voter shall affix 
  3.17  the appropriate postage.  The secretary of state may begin 
  3.18  processing and counting ballots immediately as the ballots are 
  3.19  received from the voters, except that no vote totals or other 
  3.20  election results may be disclosed until 8:00 p.m. on the day of 
  3.21  the presidential primary. 
  3.22     Subd. 4.  [COUNTY AUDITOR'S DUTIES.] Each county auditor 
  3.23  shall designate one or more places for voters to deliver their 
  3.24  voted ballots, to return spoiled ballots, to obtain assistance 
  3.25  in marking the ballots, and to register and vote on election 
  3.26  day.  The county auditor shall appoint a sufficient number of 
  3.27  election judges to perform duties related to the administration 
  3.28  of the presidential primary.  At the conclusion of voting, the 
  3.29  county auditor shall count all ballots delivered to the auditor 
  3.30  and report them immediately to the secretary of state. 
  3.31     Subd. 5.  [COSTS.] The secretary of state shall pay the 
  3.32  costs related to the conduct of the presidential primary.  The 
  3.33  county auditor shall document costs incurred by the county and 
  3.34  shall report these costs in the manner provided by the secretary 
  3.35  of state.  The secretary of state shall reimburse the county for 
  3.36  the costs incurred in the administration of the presidential 
  4.1   primary. 
  4.2      Sec. 6.  Minnesota Statutes 1996, section 207A.04, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [BALLOT PREPARATION DUTIES OF SECRETARY OF 
  4.5   STATE.] The secretary of state shall prepare paper mailing 
  4.6   enclosures, ballots, absentee ballot envelopes, ballot return 
  4.7   envelopes, election return envelopes, and summary statements, 
  4.8   and other needed forms for use in the presidential primary.  The 
  4.9   ballots must be printed on white paper with A separate ballot 
  4.10  must be prepared for the names of the candidates of each 
  4.11  political party.  
  4.12     Sec. 7.  [207A.05] [EXPERIMENTAL PROCEDURES.] 
  4.13     Subdivision 1.  [PROCESSING VOTING MATERIALS.] The 
  4.14  secretary of state may authorize the use of computers and 
  4.15  related equipment for the processing of election materials and 
  4.16  the counting of ballots on an experimental basis. 
  4.17     Subd. 2.  [FORMS.] The secretary of state may develop 
  4.18  special forms for mailing enclosures, ballots, and other printed 
  4.19  materials required for the presidential primary on an 
  4.20  experimental basis. 
  4.21     Subd. 3.  [POLLING PLACES.] The secretary of state, in 
  4.22  cooperation with the county auditors, may designate experimental 
  4.23  polling places where voters from one or more counties may vote 
  4.24  in the presidential primary.  Experimental voting procedures for 
  4.25  polling places established as provided in this section may be 
  4.26  used, as provided in the rules of the secretary of state.  Any 
  4.27  costs incurred as a result of establishment of polling places 
  4.28  under this subdivision must be paid by the secretary of state. 
  4.29     Sec. 8.  Minnesota Statutes 1996, section 207A.06, 
  4.30  subdivision 2, is amended to read: 
  4.31     Subd. 2.  [CHOSEN DELEGATES.] Delegates to the national 
  4.32  convention of each political party appearing on the presidential 
  4.33  primary ballot must be chosen by the state convention or 
  4.34  congressional district convention of that party, except as 
  4.35  otherwise provided in this subdivision.  The secretary of each 
  4.36  party's state convention or congressional district convention 
  5.1   shall promptly notify the secretary of state of the names of the 
  5.2   delegates to the national convention chosen as supporters of 
  5.3   each presidential candidate. and the names of the candidates to 
  5.4   which the delegates have been apportioned by July 1 of each year 
  5.5   in which a presidential primary is held.  A political party 
  5.6   whose apportionment of delegates does not conform to the results 
  5.7   of the presidential primary ceases to be eligible for the 
  5.8   ten-percent political party checkoff in section 10A.31, 
  5.9   subdivision 5, clause (6), and ceases to be eligible to issue 
  5.10  political contribution refund receipt forms under section 
  5.11  290.06, subdivision 23, until it notifies the secretary of state 
  5.12  of an apportionment that does conform to the results of the 
  5.13  presidential primary. 
  5.14     Sec. 9.  Minnesota Statutes 1996, section 207A.08, is 
  5.15  amended to read: 
  5.16     207A.08 [INFORMATION ON PARTY CHOICE.] 
  5.17     Notwithstanding section 204C.18, subdivision 1, or other 
  5.18  law to the contrary, a person entitled to inspect the duplicate 
  5.19  registration file or receive a copy of a current precinct the 
  5.20  public information list under section 201.091 must also be 
  5.21  informed of indicate the party choice of any voter who voted in 
  5.22  the most recent presidential primary under this chapter. 
  5.23     Sec. 10.  Minnesota Statutes 1996, section 207A.09, is 
  5.24  amended to read: 
  5.25     207A.09 [RULEMAKING AUTHORITY.] 
  5.26     The secretary of state shall adopt rules to implement the 
  5.27  provisions of this chapter as follows: 
  5.28     (1) to implement section sections 207A.01 to 207A.08; 
  5.29     (2) to determine a method for verifying the signatures on 
  5.30  nominating petitions and petitions in place of filing fees for 
  5.31  the presidential primary; 
  5.32     (3) to determine the format of the presidential primary 
  5.33  ballots; and 
  5.34     (4) to determine the manner of paying or reimbursing the 
  5.35  costs to the counties of conducting the presidential primary. 
  5.36     Sec. 11.  [REPEALER.] 
  6.1      Minnesota Statutes 1996, section 207A.07, is repealed.