SF 893

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; moving precinct caucuses from March to February; moving
the state primary from September to June and making conforming changes;
amending Minnesota Statutes 2006, sections 10A.31, subdivision 6; 10A.321;
10A.322, subdivision 1; 10A.323; 202A.14, subdivision 1; 203B.081; 204B.14,
subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 4;
204C.26, subdivision 3; 204D.03, subdivision 1; 205.065, subdivision 1; 205.13,
subdivision 1a; 205A.03, subdivision 2; 205A.06, subdivision 1a; 206.82,
subdivision 2; 211B.045; 447.32, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 10A.31, subdivision 6, is amended to read:

Subd. 6.

Distribution of party accounts.

As soon as the board has obtained from
the secretary of state the results of the primary election, but no later than one week after
certification by the State Canvassing Board of the results of the primary, the board must
distribute the available money in each party account, as certified by the commissioner of
revenue deleted text begin on September 1 deleted text end new text begin one week before the state primary new text end , to the candidates of that party
who have signed a spending limit agreement under section 10A.322 and filed the affidavit
of contributions required by section 10A.323, who were opposed in either the primary
election or the general election, and whose names are to appear on the ballot in the general
election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
from the party account may not be paid in an amount greater than the expenditure limit
of the candidate or the expenditure limit that would have applied to the candidate if the
candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. If a candidate files the affidavit required by section 10A.323 deleted text begin after September 1 of the
general election year deleted text end new text begin less than one week before the state primary new text end , the board must pay the
candidate's allocation to the candidate at the next regular payment date for public subsidies
for that election cycle that occurs at least 15 days after the candidate files the affidavit.

Sec. 2.

Minnesota Statutes 2006, section 10A.321, is amended to read:

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of estimates.

The commissioner of
revenue must calculate and certify to the board new text begin one week new text end before deleted text begin July 1 deleted text end new text begin the first day for
filing for office new text end in each election year an estimate of the total amount in the state general
account of the state elections campaign fund and the amount of money each candidate
who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
candidate's party account in the state elections campaign fund. This estimate must be
based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas in section
10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after
100 percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification procedures.

Before the
first day of filing for office, the board must publish and forward to all filing officers
the estimates calculated and certified under subdivision 1 along with a copy of section
10A.25, subdivision 10. Within deleted text begin seven days deleted text end new text begin one week new text end after the last day for filing for
office, the secretary of state must certify to the board the name, address, office sought, and
party affiliation of each candidate who has filed with that office an affidavit of candidacy
or petition to appear on the ballot. The auditor of each county must certify to the board
the same information for each candidate who has filed with that county an affidavit of
candidacy or petition to appear on the ballot. deleted text begin By August 15 deleted text end new text begin Within two weeks after the last
day for filing for office new text end , the board must notify all candidates of their estimated minimum
amount. The board must include with the notice a form for the agreement provided in
section 10A.322 along with a copy of section 10A.25, subdivision 10.

Sec. 3.

Minnesota Statutes 2006, section 10A.322, subdivision 1, is amended to read:

Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a public
subsidy, a candidate must sign and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
10; 10A.31, subdivision 7, paragraph (c); and 10A.324.

(b) Before the first day of filing for office, the board must forward agreement forms
to all filing officers. The board must also provide agreement forms to candidates on
request at any time. The candidate must file the agreement with the board deleted text begin by September 1
preceding the candidate's general election or a special election held at the general election deleted text end new text begin
at least one week before the candidate's state primary new text end . An agreement may not be filed after
that date. An agreement once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed
under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing period for the
general election, a candidate may sign and submit a spending limit agreement not later
than the day after the candidate files the affidavit of candidacy or nominating petition
for the office.

Sec. 4.

Minnesota Statutes 2006, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that during that calendar year the candidate has accumulated
contributions from persons eligible to vote in this state in at least the amount indicated for
the office sought, counting only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.

The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by deleted text begin September 1 of the general election year deleted text end new text begin the deadline for
reporting of receipts and expenditures before a primary under section 10A.20, subdivision
4 new text end .

A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after filing the affidavit of candidacy.

Sec. 5.

Minnesota Statutes 2006, section 202A.14, subdivision 1, is amended to read:

Subdivision 1.

Time and manner of holding; postponement.

At 7:00 p.m. on the
deleted text begin first deleted text end new text begin third new text end Tuesday in deleted text begin March deleted text end new text begin February new text end in every state general election year there shall
be held for every election precinct a party caucus in the manner provided in sections
202A.14 to 202A.19, except that in the event of severe weather a major political party
may request the secretary of state to postpone caucuses. If a major political party makes a
request, or upon the secretary of state's own initiative, after consultation with all major
political parties and on the advice of the federal Weather Bureau and the Department of
Transportation, the secretary of state may declare precinct caucuses to be postponed
for a week in counties where weather makes travel especially dangerous. The secretary
of state shall submit a notice of the postponement to news media covering the affected
counties by 6:00 p.m. on the scheduled day of the caucus. A postponed caucus may also
be postponed pursuant to this subdivision.

Sec. 6.

Minnesota Statutes 2006, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot during the deleted text begin 30 deleted text end new text begin 45 new text end days before the
election in the office of the county auditor and at any other polling place designated by the
county auditor. The county auditor shall make such designations at least 90 days before
the election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose.

Sec. 7.

Minnesota Statutes 2006, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall
constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
June 1 of deleted text begin any deleted text end new text begin an odd-numbered new text end year new text begin and no later than 14 weeks before the state primary in
an even-numbered year new text end :

(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for two contiguous precincts in the same municipality that have a combined
total of fewer than 500 registered voters;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than May 1 of deleted text begin any deleted text end new text begin an odd-numbered new text end year new text begin and
no later than 18 weeks before the state primary in an even-numbered year new text end .

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. A single set of election judges may be appointed
to serve at a combined polling place. The number of election judges required must be
based on the total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided for the
ballots from each precinct. The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place established under
clause (2) where one of the precincts has fewer than ten registered voters, in which case the
results of that precinct must be reported in the manner specified by the secretary of state.

Sec. 8.

Minnesota Statutes 2006, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election
precinct shall be adopted at least 90 days before the date of the next election and, for the
state primary and general election, no later than deleted text begin June 1 deleted text end new text begin 14 weeks before the state primary new text end
in the year of the state general election. The precinct boundary change shall not take
effect until notice of the change has been posted in the office of the municipal clerk or
county auditor for at least 60 days.

The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.

Sec. 9.

Minnesota Statutes 2006, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and county auditor.

deleted text begin On July 1 deleted text end new text begin Within two weeks after the precinct caucuses new text end in a year in which there is an
election for a partisan political office, the county or legislative district chairs of each major
political party, whichever is designated by the state party, shall prepare a list of eligible
voters to act as election judges in each election precinct in the county or legislative
district. The chairs shall furnish the lists to the county auditor of the county in which the
precinct is located.

deleted text begin By July 15 deleted text end new text begin Within four weeks after the precinct caucuses new text end , the county auditor shall
furnish to the appointing authorities a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by
the county auditor for each major political party.

Sec. 10.

Minnesota Statutes 2006, section 204B.33, is amended to read:

204B.33 NOTICE OF FILING.

(a) deleted text begin Between June 1 and July 1 in each even numbered year deleted text end new text begin At least 15 weeks before
the state primary new text end , the secretary of state shall notify each county auditor of the offices to be
voted for in that county at the next state general election for which candidates file with the
secretary of state. The notice shall include the time and place of filing for those offices.
Within ten days after notification by the secretary of state, each county auditor shall notify
each municipal clerk in the county of all the offices to be voted for in the county at that
election and the time and place for filing for those offices. The county auditors and
municipal clerks shall promptly post a copy of that notice in their offices.

(b) At least two weeks before the first day to file an affidavit of candidacy, the
county auditor shall publish a notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the closing time for filing on the
last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.

Sec. 11.

Minnesota Statutes 2006, section 204B.35, subdivision 4, is amended to read:

Subd. 4.

Absentee ballots; preparation; delivery.

Ballots necessary to fill
applications of absentee voters shall be prepared and delivered at least deleted text begin 30 deleted text end new text begin 45 new text end days before
the election to the officials who administer the provisions of chapter 203B.

This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.

Sec. 12.

Minnesota Statutes 2006, section 204C.26, subdivision 3, is amended to read:

Subd. 3.

Secretary of state.

deleted text begin On or before July 1 of deleted text end new text begin No later than ten weeks before
the state primary in new text end each even-numbered year, the secretary of state shall prescribe the
form for summary statements of election returns and the methods by which returns for the
state primary and state general election shall be recorded by precinct, county, and state
election officials. Each county auditor and municipal or school district clerk required to
furnish summary statements shall prepare them in the manner prescribed by the secretary
of state. The summary statement of the primary returns shall be in the same form as
the summary statement of the general election returns except that a separate part of the
summary statement shall be provided for the partisan primary ballot and a separate part for
the nonpartisan primary ballot.

Sec. 13.

Minnesota Statutes 2006, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

The state primary shall be held on the first Tuesday
after the deleted text begin second deleted text end new text begin first new text end Monday in deleted text begin September deleted text end new text begin June new text end in each even-numbered year to select
the nominees of the major political parties for partisan offices and the nominees for
nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 14.

Minnesota Statutes 2006, section 205.065, subdivision 1, is amended to read:

Subdivision 1.

Establishing primary.

A municipal primary for the purpose of
nominating elective officers may be held in any city on the first Tuesday after the second
Monday in September of deleted text begin any deleted text end new text begin an odd-numbered new text end year new text begin or on the date of the state primary in
an even-numbered year. The municipal primary must be held in the same year new text end in which a
municipal general election is to be held for the purpose of electing officers.

Sec. 15.

Minnesota Statutes 2006, section 205.13, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

In municipalities nominating candidates at a municipal
primary, an affidavit of candidacy for a city office or town office voted on in November
must be filed not more than 70 days nor less than 56 days before deleted text begin the first Tuesday after the
second Monday in September preceding deleted text end the municipal deleted text begin general election deleted text end new text begin primary new text end . In all
other municipalities, an affidavit of candidacy must be filed not more than 70 days and not
less than 56 days before the municipal general election.

Sec. 16.

Minnesota Statutes 2006, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the first Tuesday after
the second Monday in September new text begin of an odd-numbered year or on the date of the state
primary in an even-numbered year. The primary must be held new text end in the year when the school
district general election is held. The clerk shall give notice of the primary in the manner
provided in section 205A.07.

Sec. 17.

Minnesota Statutes 2006, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

Affidavits of candidacy must be filed with the school
district clerk no earlier than the 70th day and no later than the 56th day before the first
Tuesday after the second Monday in September in the year when the school district
general election is held new text begin in an odd-numbered year or before the state primary when the
school district general election is held in an even-numbered year new text end .

Sec. 18.

Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:

Subd. 2.

Plan.

(a) Subject to paragraph (b), the municipal clerk in a municipality
where an electronic voting system is used and the county auditor of a county in which
an electronic voting system is used in more than one municipality and the county auditor
of a county in which a counting center serving more than one municipality is located
shall prepare a plan which indicates acquisition of sufficient facilities, computer time,
and professional services and which describes the proposed manner of complying with
section 206.80. The plan must be signed, notarized, and submitted to the secretary of state
more than 60 days before the first election at which the municipality uses an electronic
voting system. deleted text begin Prior to July 1 of deleted text end new text begin No later than ten weeks before the state primary in new text end each
subsequent general election year, the clerk or auditor shall submit to the secretary of state
notification of any changes to the plan on file with the secretary of state. The secretary of
state shall review each plan for its sufficiency and may request technical assistance from
the Department of Administration or other agency which may be operating as the central
computer authority. The secretary of state shall notify each reporting authority of the
sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney
general, upon request of the secretary of state, may seek a district court order requiring
an election official to fulfill duties imposed by this subdivision or by rules promulgated
pursuant to this section.

(b) Systems implemented by counties and municipalities in calendar year 2006 are
exempt from paragraph (a) and section 206.58, subdivision 4, if:

(1) the municipality has fewer than 10,000 residents; and

(2) a valid county plan was filed by the county auditor of the county in which the
municipality is located.

Sec. 19.

Minnesota Statutes 2006, section 211B.045, is amended to read:

211B.045 NONCOMMERCIAL SIGNS EXEMPTION.

In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, all noncommercial signs of any size may be
posted in any number from deleted text begin August 1 deleted text end new text begin 45 days before the state primary new text end in a state general
election year until ten days following the state general election.

Sec. 20.

Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more than
70 days nor less than 56 days before the deleted text begin first Tuesday after the first Monday in November
of the year in which the general election is held deleted text end new text begin state primary new text end . The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first
election, the clerk of the most populous city or town immediately after the last day of
the filing period. A candidate may withdraw from the election by filing an affidavit of
withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last
day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed on tan paper
and prepared as provided in the rules of the secretary of state. The ballots must be marked
and initialed by at least two judges as official ballots and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for the election
of officers. The hospital board may also authorize the use of voting systems subject to
chapter 206. Enough election judges may be appointed to receive the votes at each
polling place. The election judges shall act as clerks of election, count the ballots cast,
and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for the precinct caucuses and state primary in 2010 and thereafter.
new text end