Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 475-H.F.No. 2014 
           An act relating to elections; providing for transfer 
          of certain compaign debts; making changes in 
          registration, caucuses, ballots, affidavits of 
          candidacy and withdrawal, nominations, and election 
          certificates; changing certain reporting requirements; 
          amending Minnesota Statutes 1984, sections 201.018, 
          subdivision 2; 201.12, subdivision 2; 201.15, 
          subdivision 1; 202A.11, subdivision 2; 202A.16, 
          subdivision 1; 204B.03; 204B.06, subdivision 1; 
          204B.07, subdivisions 1 and 4; 204B.09, subdivision 1; 
          204B.10, by adding a subdivision; 204B.12, subdivision 
          3; 204B.35, subdivision 2; 204C.40, subdivision 1; 
          204D.11, subdivisions 3, 5, and 6; 206.71, by adding a 
          subdivision; and 208.03; Laws 1980, chapter 362, 
          section 8, subdivision 1; proposing coding for new law 
          in Minnesota Statutes, chapter 10A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [10A.241] [TRANSFER OF DEBTS.] 
    Notwithstanding any provisions of this chapter to the 
contrary except as provided in this section, a candidate may 
terminate the candidate's principal campaign committee for one 
state office by transferring any debts of that committee to the 
candidate's principal campaign committee for another state 
office, provided that any outstanding unpaid bills or loans from 
the committee being terminated are assumed and continuously 
reported by the committee to which the transfer is being made 
until paid or forgiven.  A loan that is forgiven is covered by 
section 10A.20 and, for purposes of section 10A.32, is a 
contribution to the principal campaign committee from which the 
debt was transferred under this section. 
    Sec. 2.  Minnesota Statutes 1984, section 201.018, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY WITH PERMANENT SYSTEM REGISTRATION 
REQUIRED.] An eligible voter who maintains residence in a county 
with a permanent voter registration system must register in a 
manner specified by section 201.054, in order to vote in any 
primary, special primary, general, or special election held in 
the county.  An eligible voter who maintains residence in a 
school district which uses the county voter registration system 
as authorized by section 201.095, must register in a manner 
specified by section 201.054, in order to vote in any school 
election held in that district.  
    Sec. 3.  Minnesota Statutes 1984, section 201.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
postal service, the county auditor or his staff shall personally 
ascertain the name and address of that individual.  If the 
individual is no longer at the address recorded in the original 
registration file, the county auditor shall affix the word 
"challenged" to the duplicate registration card.  Any individual 
challenged in accordance with this subdivision shall comply with 
the provisions of section 204C.12, before being allowed to 
vote.  If a second notice mailed at least 60 days after the 
return of the first notice is also returned by the postal 
service, the county auditor may remove the original and 
duplicate cards from the registration file. 
    Sec. 4.  Minnesota Statutes 1984, section 201.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
PSYCHOPATHS.] The probate judge in each county shall report 
monthly to the county auditor the name and address of each 
individual 18 years of age or over, who maintains residence in 
that county and who, during the month preceding the date of the 
report:  
    (a) was placed under a guardianship of the person;  
    (b) adjudged legally incompetent by reason of mental 
illness, mental deficiency, or inebriation; or 
    (c) was adjudged a psychopathic personality.  
    The judge shall also report the same information for each 
individual transferred to the jurisdiction of the court who 
meets a condition specified in clause (a), (b) or (c).  Upon 
receipt of the report, the county auditor shall determine 
whether any individual named in the report is registered to 
vote.  The county auditor shall attach a notice to the original 
and duplicate registration cards of any individual named in the 
report informing the election judges that the individual is not 
eligible to reregister or vote.  The notice shall contain the 
reason for ineligibility, the date of the determination, and the 
dated signature of the county auditor.  The cards may be 
retained in the registration file for the entire period of the 
voter's ineligibility and need not be purged in accordance with 
section 201.171. 
    Sec. 5.  Minnesota Statutes 1984, section 202A.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [RIGHT TO USE.] A major political party which has 
adopted a party name is entitled to the exclusive use of that 
name for the designation of its candidates on all ballots, and 
no candidate of any other major political party is entitled to 
have printed on a ballot as a party designation any part of that 
name. 
    Sec. 6.  Minnesota Statutes 1984, section 202A.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  Only those individuals who are or will be 
eligible to vote in the precinct at the time of the next state 
general election, may vote or be elected a delegate or officer 
at the precinct caucus.  An eligible voter may vote or be 
elected a delegate or officer only in the precinct where the 
voter resides at the time of the caucus. 
    Sec. 7.  Minnesota Statutes 1984, section 204B.03, is 
amended to read: 
    204B.03 [MANNER OF NOMINATION.] 
    Candidates of a major political party for a any partisan 
office except presidential elector and all candidates for 
nonpartisan office shall apply for a place on the primary ballot 
by filing an affidavit of candidacy as provided in section 
204B.06, and except as otherwise provided in section 204D.07, 
subdivision 3, shall be nominated by primary.  Candidates for 
any partisan office who do not seek the nomination of a major 
political party shall be nominated by nominating petition as 
provided in sections 204B.07 and 204B.08, and, except for 
presidential elector candidates, shall file an affidavit of 
candidacy as provided in section 204B.06.  
    Sec. 8.  Minnesota Statutes 1984, section 204B.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM OF AFFIDAVIT.] An affidavit of 
candidacy shall state the name of the office sought and shall 
state that the candidate:  
    (a) Is an eligible voter;  
    (b) Has no other affidavit on file as a candidate for any 
other office at the same primary or next ensuing general 
election; and 
    (c) Is, or will be on assuming the office, 21 years of age 
or more, and will have maintained residence in the district from 
which he seeks election for 30 days before the general election. 
    An affidavit of candidacy must include a statement that the 
candidate's name as written on the affidavit for ballot 
designation is the candidate's true name or the name by which 
the candidate is commonly and generally known in the community. 
    An affidavit of candidacy for partisan office shall also 
state the name of the candidate's political party or political 
principle, stated in three words or less.  
     Sec. 9.  Minnesota Statutes 1984, 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 his political principle or the 
name of his 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.  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.  
    Sec. 10.  Minnesota Statutes 1984, section 204B.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [OATH AND ADDRESS OF SIGNER.] Following the 
information required by subdivisions 1 and 2 and before the 
space for signing, each separate page that is part of the 
petition shall include an oath in the following form:  
    "I solemnly swear (or affirm) that I know the contents and 
purpose of this petition, that I do not intend to vote at the 
primary election for the office for which this nominating 
petition is made, and that I signed this petition of my own free 
will.  
    Notarization or certification of the signatures on a 
nominating petition is not required.  After the name of each 
signer shall be written Immediately after the signature, the 
signer shall write on the petition the signer's residence 
address including street and number, if any, and mailing address 
if different from residence address.  
    Sec. 11.  Minnesota Statutes 1984, section 204B.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
ELECTIONS.] 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.  Candidates for presidential electors 
may file affidavits and petitions on or before the state primary 
day.  Nominating petitions to fill vacancies in nominations 
shall be filed as provided in section 204B.13.  No affidavit or 
petition shall be accepted later than 5:00 p.m. on the last day 
for filing.  Affidavits and petitions for offices to be voted on 
in only one county shall be filed with the county auditor of 
that county.  Affidavits and petitions for offices to be voted 
on in more than one county shall be filed with the secretary of 
state.  
    Sec. 12.  Minnesota Statutes 1984, section 204B.10, is 
amended by adding a subdivision to read: 
    Subd. 5.  [IMPROPER NAME.] If the filing officer determines 
that use on the ballot of the candidate's name as written on the 
affidavit of candidacy would violate section 204B.35, 
subdivision 2, the filing officer shall immediately notify the 
candidate and shall certify for the ballot the candidate's true 
name instead of the name as written on the affidavit. 
    Sec. 13.  Minnesota Statutes 1984, section 204B.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [TIME FOR FILING.] An affidavit of withdrawal 
filed pursuant to subdivision 1 or 2 shall not be accepted later 
than 5:00 p.m. on the last day for withdrawal.  
    Sec. 14.  Minnesota Statutes 1984, section 204B.35, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANNER OF PREPARATION.] Ballots shall be 
prepared in a manner that enables the voters to understand which 
questions are to be voted upon and the identity and number of 
candidates to be voted for in each office and to designate their 
choices easily and accurately.  The name of a candidate shall 
not appear on a ballot in any way that gives the candidate an 
advantage over his opponent, including words descriptive of the 
candidate's occupation, qualifications, principles, or opinions, 
except as otherwise provided by law. 
    Sec. 15.  Minnesota Statutes 1984, section 204C.40, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PREPARATION; METHOD OF DELIVERY.] The 
county auditor shall prepare an election certificate for every 
candidate declared elected by the county canvassing board, and 
the secretary of state shall prepare a certificate for every 
candidate declared elected by the state canvassing board.  
Except as otherwise provided in this section, the secretary of 
state or county auditor, as appropriate, shall deliver an 
election certificate on demand to the elected candidate.  In an 
election for United States representative in congress the filing 
officer shall deliver the original election certificate to the 
chief clerk of the United States house of representatives.  In 
an election for United States senator, the governor shall 
prepare an original certificate of election, countersigned by 
the secretary of state, and deliver it to the secretary of the 
United States senate.  In an election for state representative 
or state senator, the county auditor or secretary of 
state filing officer shall deliver the original election 
certificate to the chief clerk of the house or the secretary of 
the senate.  The chief clerk of the house or the secretary of 
the senate shall give a copy of the certificate to the 
representative-elect or senator-elect.  Upon taking the oath of 
office, the representative or senator shall receive the original 
certificate of election.  If a recount is undertaken by a 
canvassing board pursuant to section 204C.35, no certificate of 
election shall be prepared or delivered until after the recount 
is completed.  In case of a contest, the court may invalidate 
and revoke the certificate as provided in chapter 209. 
    Sec. 16.  Minnesota Statutes 1984, section 204D.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [CANARY BALLOT; GRAY BALLOT.] All questions and 
the names of all candidates for offices to be voted on at the 
state general election which are not placed on the white ballot 
shall be placed on a single ballot printed on canary paper which 
shall be known as the "canary ballot".  The canary ballot shall 
be prepared by the county auditor. 
    When the length of the canary ballot would exceed 30 
inches, all of the municipal judicial offices that are to be 
placed on the canary ballot may be placed instead on a single 
separate ballot printed on gray paper.  Separate ballot boxes 
must be provided for these gray ballots.  
    Sec. 17.  Minnesota Statutes 1984, section 204D.11, 
subdivision 5, is amended to read: 
    Subd. 5.  [BALLOT HEADINGS.] The white, pink and special 
federal white ballot shall be headed with the words "State 
General Election Ballot."  The canary ballot shall be headed 
with the words "County and Judicial District Nonpartisan General 
Election Ballot."  When the canary ballot is divided into two 
separate ballots as provided in subdivision 3, the ballot 
printed on canary paper must be headed "County Nonpartisan 
General Election Ballot" and the ballot printed on gray paper 
must be headed "Judicial Municipal Nonpartisan General Election 
Ballot."  
    Sec. 18.  Minnesota Statutes 1984, section 204D.11, 
subdivision 6, is amended to read: 
    Subd. 6.  [GRAY BALLOT.] All soil and water conservation 
district supervisor offices that are to be placed on the canary 
ballot under the provisions of section 40.05 may be placed 
instead on a single separate ballot printed on gray paper.  When 
the canary ballot would be longer than 30 inches, the following 
offices that should be placed on the canary ballot may be placed 
instead on a separate gray ballot: 
    (a) all soil and water conservation district supervisor 
offices; or 
    (b) all soil and water conservation district supervisor and 
all county or municipal judicial offices; or 
    (c) all soil and water conservation district supervisor, 
all county or municipal judicial offices, and all district 
judicial offices. 
    The gray ballot must be headed with the words:  "District 
Nonpartisan General Election Ballot."  Separate ballot boxes 
must be provided for these gray ballots.  So far as is 
practicable, gray ballots must be distributed to voters, 
handled, counted, and canvassed in the manner provided by law 
for precincts using only paper ballots.  The canvass of the gray 
paper ballots must not delay the canvass of votes recorded on 
the voting machines.  A separate summary statement may be 
provided for reporting of the canvass of the gray paper 
ballots.  The returns from the voting machines may be filed as 
provided in section 206.21 before the canvass of the gray paper 
ballots is completed.  Additional or replacement election judges 
may be appointed to count the gray paper ballots.  Soil and 
water district supervisor offices may be placed on the same 
separate gray paper ballot used for any other offices which are 
placed on a separate gray paper ballot under the provisions of 
state law.  
    Sec. 19.  Minnesota Statutes 1984, section 206.71, is 
amended by adding a subdivision to read: 
    Subd. 4.  [INADEQUATE SPACE ON MACHINE.] When the number of 
offices and questions to be voted on exceeds the maximum number 
that can be included on the lever voting machines in use in any 
precinct, a separate gray paper ballot shall be prepared as 
provided in section 204D.11, subdivision 6.  Separate ballot 
boxes must be provided for these gray ballots.  So far as is 
practicable, gray ballots must be distributed to voters, 
handled, counted, and canvassed in the manner provided by law 
for precincts using only paper ballots.  The canvass of the gray 
paper ballots must not delay the canvass of votes recorded on 
the voting machines.  A separate summary statement may be 
provided for reporting of the canvass of the gray paper 
ballots.  The returns from the voting machines may be filed as 
provided in section 206.75, subdivision 2, before the canvass of 
the gray paper ballots is completed.  Additional or replacement 
election judges may be appointed to count the gray paper ballots.
    Sec. 20.  Minnesota Statutes 1984, section 208.03, is 
amended to read: 
    208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.] 
    Presidential electors for the several major political 
parties of this state shall be nominated by delegate conventions 
called and held under the supervision of the respective state 
central committees of the parties of this state.  The names of 
the persons nominated as presidential electors shall be 
certified to the secretary of state by the chairperson of the 
convention for the office of presidential elector On or before 
primary election day the chairperson of the major political 
party shall certify to the secretary of state the names of the 
persons nominated as presidential electors and the names of the 
party candidates for president and vice president. 
    Sec. 21.  Laws 1980, chapter 362, section 8, subdivision 1, 
is amended to read: 
     Sec. 8.  [CAMPAIGN REPORTS.] 
     Subdivision 1.  [COMMITTEES REQUIRED TO REPORT; DEADLINES.] 
The treasurer of any political committee, political fund or 
principal campaign committee required to register pursuant to 
section 6 shall also file campaign reports with the filing 
officer.  In each year in which the name of the candidate is on 
the ballot, the report of the principal campaign committee shall 
be filed ten days before a regular primary and a regular 
election.  Political committees and political funds other than 
principal campaign committees shall file campaign reports shall 
be filed ten days before any a regular primary or regular 
election.  The treasurer of a principal campaign committee shall 
file additional reports ten days before a special primary or 
other special election and 30 days after a special election.  
The reports shall cover the period from the last day of the 
previous reporting period to seven days before the filing date.  
An additional campaign report shall be filed by all treasurers 
on January 31 of each year covering the period from the last day 
of the previous reporting period to December 31 of the preceding 
calendar year. 
    Sec. 22.  [EFFECTIVE DATE.] 
    This act is effective the day after final enactment. 
    Approved April 1, 1986