SF 278

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to elections; modifying the procedures for filling a vacancy in the
Office of United States Senator or Representative in Congress; changing certain
provisions concerning vacancies in nomination; amending Minnesota Statutes
2008, sections 203B.12, subdivision 2; 204B.04, subdivisions 2, 3; 204B.07,
subdivision 1; 204B.09, subdivision 1; 204B.11, subdivision 2; 204B.13,
subdivisions 1, 2, by adding subdivisions; 204D.17; 204D.19; proposing coding
for new law in Minnesota Statutes, chapter 204D; repealing Minnesota Statutes
2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.41;
204D.169; 204D.28.

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

Section 1.

Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:

Subd. 2.

Examination of return envelopes.

Two or more election judges shall
examine each return envelope and shall mark it accepted or rejected in the manner
provided in this subdivision. deleted text begin If a ballot has been prepared under section 204B.12,
subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes
from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
an absentee ballot board established under section 203B.13.
deleted text end

The election judges shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election judges or a majority
of them are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota Rules, the
signature is not required to match;

(3) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and

(4) the voter has not already voted at that election, either in person or by absentee
ballot.

There is no other reason for rejecting an absentee ballot. In particular, failure to
place the ballot within the security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

If all or a majority of the election judges examining return envelopes find that
an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
(4), they shall mark the return envelope "Rejected," initial or sign it below the word
"Rejected," and return it to the county auditor.

Sec. 2.

Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:

Subd. 2.

Candidates seeking nomination by primary.

No individual who
seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
for the same office by nominating petition, except as otherwise provided for partisan
offices in section 204D.10, subdivision 2 deleted text begin , and for nonpartisan offices in section 204B.13,
subdivision 4 deleted text end .

Sec. 3.

Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:

Subd. 3.

Nomination for nonpartisan office.

No individual shall be nominated
by nominating petition for any nonpartisan office deleted text begin except in the event of a vacancy in
nomination as provided in section 204B.13 deleted text end .

Sec. 4.

Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:

Subdivision 1.

Form of petition.

A nominating petition may consist of one or more
separate pages each of which shall state:

(a) the office sought;

(b) the candidate's name and residence address, including street and number if
any; and

(c) the candidate's political party or political principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition shall use
the term "nonpartisan" as a statement of political principle or the name of the candidate's
political party. No part of the name of a major political party may be used to designate the
political party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. deleted text begin A candidate who files by nominating petition to fill a vacancy in nomination for
a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
the name of any political party on the petition. deleted text end

Sec. 5.

Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. deleted text begin Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. deleted text end No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.

Sec. 6.

Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:

Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 deleted text begin or 204B.13, subdivision 4, deleted text end is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 7.

Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:

Subdivision 1.

Death or withdrawal.

A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:

deleted text begin (a) deleted text end new text begin (1) new text end a major political party candidate deleted text begin or nonpartisan candidate deleted text end who was nominated
at a primary dies deleted text begin or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a deleted text end ; or

deleted text begin (b) a candidate for a nonpartisan office, for which one or two candidates filed, dies
or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. deleted text end new text begin (2) a
major political party candidate who was nominated at a primary or the candidate's legal
guardian files an affidavit of vacancy at least one day prior to the general election with the
same official who received the affidavit of candidacy that states that:
new text end

new text begin (i) the candidate has a catastrophic illness that was diagnosed after the deadline
for withdrawal; and
new text end

new text begin (ii) the candidate's illness will permanently and continuously incapacitate the
candidate and prevent the candidate from performing the duties of the office sought.
new text end

new text begin The affidavit must be accompanied by a certificate verifying that the candidate's
illness meets the requirements of this clause, signed by at least two licensed physicians.
new text end

Sec. 8.

Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:

Subd. 2.

Partisan office deleted text begin ; nomination by party deleted text end .

(a) A vacancy in nomination deleted text begin for
partisan office deleted text end shall deleted text begin be filled as provided in this subdivision deleted text end new text begin effectively remove that office
from the ballot. Votes cast at the general election for that office are invalid and the office
must be filled in a special election held in accordance with section 204D.17, except as
provided by this section new text end .

new text begin Except for the vacancy in nomination, all other candidates whose names would have
appeared on the general election ballot for this race must appear on the special election
ballot for this race. There must not be a primary to fill the vacancy in nomination.
new text end

A major political party has the authority to fill a vacancy in nomination of that
party's candidate by filing a nomination certificate with the same official who received
the affidavits of candidacy for that office.

(b) A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for all new text begin federal
and state new text end offices deleted text begin elected statewide deleted text end . The nomination certificate shall be prepared under the
direction of and executed by the chair and secretary of the political party and filed within
deleted text begin seven deleted text end new text begin 14 new text end days after the vacancy in nomination occurs deleted text begin or before the 14th day before the
general election, whichever is sooner. If the vacancy in nomination occurs through the
candidate's death or catastrophic illness, the nomination certificate must be filed within
seven days after the vacancy in nomination occurs but no later than four days before
the general election deleted text end new text begin but no later than seven days after the general election new text end . The chair
and secretary when filing the certificate shall attach an affidavit stating that the newly
nominated candidate has been selected under the rules of the party and that the individuals
signing the certificate and making the affidavit are the chair and secretary of the party.

Sec. 9.

Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Date of special election. new text end

new text begin The special election must be held on the second
Tuesday in December.
new text end

Sec. 10.

Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Absentee voters. new text end

new text begin The county auditor shall mail an absentee ballot for
the special election under this section to each applicant for an absentee ballot whose
application for an absentee ballot for the preceding general election was recorded under
section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general
election, the county auditor shall transmit the ballot no earlier than the general election
and no later than five days after the general election. If the vacancy is filled after the
general election, the county auditor must transmit the ballot no later than five days after
the vacancy is filled.
new text end

Sec. 11.

Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Appropriation. new text end

new text begin The secretary of state shall reimburse the counties and
municipalities for expenses incurred in the administration of a special election held under
section 204B.13, subdivision 2. The following expenses are eligible for reimbursement:
preparation and printing of ballots; postage for absentee ballots; publication of the
sample ballot; preparation of polling places; preparation of electronic voting equipment;
compensation for temporary staff or overtime payments; salaries of election judges; and
compensation of county canvassing board members.
new text end

new text begin Within 60 days after the special election, the county auditor and municipal clerk
shall submit to the secretary of state a request for payment accompanied by an itemized
description of actual costs incurred for the special election. The secretary of state must not
reimburse expenses unless the request for reimbursement has been submitted as required
by this subdivision. The secretary of state shall complete the issuance of reimbursements
to the counties and municipalities no later than 90 days after the special election.
new text end

new text begin When a special election is held under section 204B.13, subdivision 2, the secretary
of state shall reimburse local election officials for costs incurred as provided in this
subdivision. The amount necessary to make the payments under this subdivision is
appropriated to the secretary of state from the general fund. No payment shall be made
pursuant to this section until the secretary of state has given the commissioner of finance
an estimate of the cost of the special election, the commissioner of finance has reported
the estimate to the Committee on Finance of the senate and the Committee on Ways and
Means of the house of representatives, and the commissioner of finance has approved the
payment. After all reimbursements have been paid, the commissioner of finance shall
report the actual cost to the Committee on Finance of the senate and the Committee on
Ways and Means of the house of representatives.
new text end

Sec. 12.

Minnesota Statutes 2008, section 204D.17, is amended to read:

204D.17 deleted text begin REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE
REPRESENTATIVE deleted text end new text begin STATE LEGISLATURE new text end ; VACANCY IN OFFICE; SPECIAL
ELECTION.

Subdivision 1.

Special elections; exceptions.

A vacancy in the office of
deleted text begin representative in Congress or deleted text end state senator or state representative shall be filled for the
unexpired term by special election upon the writ of the governor as provided in sections
204D.17 to 204D.27; except that if deleted text begin Congress or deleted text end the legislature will not be in session before
the expiration of the vacant term no special election is required.

Subd. 2.

Two or more vacancies.

Two or more vacancies may be filled at the same
special election and the candidates may be nominated at the same special primary. Any
special primary or special election held pursuant to sections 204D.17 to 204D.27 may be
held on the same day as any other election.

Sec. 13.

new text begin [204D.175] UNITED STATES SENATE; REPRESENTATIVE IN
CONGRESS; VACANCY IN OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Special election. new text end

new text begin (a) Except as otherwise provided in this section,
a vacancy in the Office of United States Senator or Representative in Congress shall be
filled for the unexpired term at a special election upon the writ of the governor as provided
in section 204D.22. The writ shall be issued within five days after the vacancy occurs, and
the special election held on a Tuesday occurring between 70 and 100 days after issuance
of the writ. If a regularly scheduled state primary or general election will occur within
this period, the special election must be held on that date.
new text end

new text begin (b) A special election held pursuant to this section shall be held consistent with the
requirements of sections 204D.18 to 204D.27.
new text end

new text begin (c) Notwithstanding section 204D.21, if a special primary is required, the special
primary must be held no later than 45 days before the special election.
new text end

new text begin Subd. 2. new text end

new text begin Vacancy late in term. new text end

new text begin If a vacancy in office occurs after July 1 of the year
prior to the year in which the term is to expire, no special election shall be held. The
candidate elected at the state general election to the next term for that office shall succeed
to the office immediately and serve the remainder of the unexpired term.
new text end

Sec. 14.

Minnesota Statutes 2008, section 204D.19, is amended to read:

204D.19 SPECIAL ELECTIONS; new text begin STATE LEGISLATURE; new text end WHEN HELD.

Subdivision 1.

Vacancy filled at general election.

When a vacancy occurs new text begin in the
office of state senator or state representative new text end more than 150 days before the next state
general election, and deleted text begin the Congress or deleted text end the legislature will not be in session before the
final canvass of the state general election returns, the vacancy shall be filled at the next
state general election.

Subd. 2.

Special election when deleted text begin Congress or deleted text end new text begin the new text end legislature will be in session.

Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 40th day prior to the opening day of session in
the succeeding even-numbered year, when a vacancy occurs new text begin in the office of state senator or
state representative new text end and the deleted text begin Congress or deleted text end legislature will be in session so that the individual
elected as provided by this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the vacancy
occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in
no event more than 35 days after the issuance of the writ.

Subd. 3.

Special election at other times.

When a vacancy occurs new text begin in the office of
state senator or state representative new text end at a time other than those described in subdivisions 1
and 2 the governor shall issue a writ, calling for a special election to be held so that the
individual elected may take office at the opening of the next session of deleted text begin the Congress or of deleted text end
the legislature, or at the reconvening of a session of deleted text begin the Congress or of deleted text end the legislature.

Subd. 4.

Writ when vacancy results from election contest.

If a vacancy results
from a successful election contest, the governor shall issue 22 days after the first day of
the legislative session a writ calling for a special election unless the house in which the
contest may be tried has passed a resolution which states that it will or will not review
the court's determination of the contest. If the resolution states that the house will not
review the court's determination, the writ shall be issued within five days of the passage of
the resolution.

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
4, 5, and 6; 204B.41; 204D.169; and 204D.28, new text end new text begin are repealed.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end