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Minnesota Legislature

Office of the Revisor of Statutes

SF 1811

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to elections; moving the state primary from September to August;
making conforming changes; amending Minnesota Statutes 2006, sections
10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 204B.33;
204D.03, subdivision 1; 205.065, subdivision 1; 205A.03, subdivision 2.

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 beginon September 1deleted text endnew text begin one week before the state primarynew 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 beginafter September 1 of the
general election year
deleted text endnew text begin less than one week before the state primarynew 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 boardnew text begin one weeknew text end before deleted text beginJuly 1deleted text end new text beginthe first day for
filing for office
new text endin 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 beginseven daysdeleted text endnew text begin one weeknew 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 beginBy August 15deleted text endnew 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 by deleted text beginSeptember 1
preceding the candidate's general election or a special election held at the general election
deleted text endnew 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 deleted text beginby September 1 of the general election yeardeleted text endnew text begin at least
one week before the state primary
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 204B.33, is amended to read:


204B.33 NOTICE OF FILING.

(a) deleted text beginBetween June 1 and July 1 in each even numbered yeardeleted text endnew 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. 6.

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


Subdivision 1.

State primary.

The state primary shall be held on the deleted text beginfirstdeleted text endnew text begin secondnew text end
Tuesday deleted text beginafter the second Mondaydeleted text end in deleted text beginSeptemberdeleted text endnew text begin Augustnew 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. 7.

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 deleted text beginfirstdeleted text end new text beginsecond new text endTuesday deleted text beginafter the
second Monday
deleted text end in deleted text beginSeptemberdeleted text end new text beginAugust new text endof deleted text beginanydeleted text end new text beginan odd-numbered new text endyear new text beginor on the date of the
state primary in an even-numbered year. The municipal primary must be held in the same
year
new text endin which a municipal general election is to be held for the purpose of electing officers.

Sec. 8.

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


Subd. 2.

Date.

The school district primary must be held on the deleted text beginfirstdeleted text end new text beginsecond new text endTuesday
deleted text begin after the second Mondaydeleted text end in deleted text beginSeptemberdeleted text endnew text begin August 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.