Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 62-S.F.No. 248 
           An act relating to elections; ensuring the 
          availability of absentee ballots for statewide 
          elections; amending Minnesota Statutes 1986, sections 
          40.05, subdivision 3; 123.32, subdivision 4; 203B.05, 
          subdivision 2; 204B.35, subdivision 4; 205.02, 
          subdivision 2; 205.065, subdivisions 2 and 3; and 
          205.13, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 40.05, 
subdivision 3, is amended to read:  
    Subd. 3.  After December 31, 1972, and for the elections 
required by subdivision 2, all elections except that provided 
for the organization of the district, in subdivision 1, shall be 
held at the time and place of holding the state general 
election, as specified in section 204D.03, subdivision 2.  No 
primary shall be held.  The names of candidates for election as 
supervisors of the soil and water conservation district shall be 
placed on the "canary ballot," as described in section 204D.11, 
subdivision 3.  Nominating petitions conforming to the rules 
stated in subdivision 1 shall be filed with the secretary of the 
soil and water conservation district at least 60 days before the 
time of holding the state general election.  At least 45 days 
before the state general election The district secretary shall 
immediately submit the names of the candidates and the terms for 
which nominated to the appropriate county auditor.  The ballots 
for use at the election shall be prepared by the county 
auditor.  All laws relating to elections for county office shall 
govern insofar as applicable.  The county auditor shall certify 
the result to the state soil and water conservation board, and 
if the soil and water conservation district embraces land in 
more than one county the county auditor shall forthwith certify 
to the state soil and water conservation board the vote, as 
shown by the report of the county canvassing board, for all 
candidates voted for in more than one county.  In the latter 
case the state soil and water conservation board shall certify 
the results of the election and publish the result. 
    Sec. 2.  Minnesota Statutes 1986, section 123.32, 
subdivision 4, is amended to read:  
    Subd. 4.  At the annual election board members shall be 
elected to fill vacancies on the board caused by expiration of 
term on July 1 next following the election.  Any person eligible 
to hold office in the district desiring to be a candidate for a 
district office at the election shall file with the clerk of the 
district a written application to be placed on the ballot for 
the office, or any five voters of the district may file such 
written application for or on behalf of any person eligible to 
hold office in the district that they desire shall be such 
candidate.  The application shall be filed not more than 43 nor 
less than 28 days before the election. 
    If the annual election is held at the same time as a 
statewide election or an election for a county or municipality 
located partially or wholly within the school district, the 
application must be filed not more than ten nor less than eight 
weeks before the annual election. 
    Sec. 3.  Minnesota Statutes 1986, section 203B.05, 
subdivision 2, is amended to read:  
    Subd. 2.  [CITY AND TOWN ELECTIONS; CERTAIN SCHOOL 
ELECTIONS.] For city elections not held on the same day as a 
statewide election and for town elections conducted under the 
Australian ballot system, applications for absentee ballots 
shall be filed with the city or town clerk and the duties 
prescribed by this chapter for the county auditor shall be 
performed by the city or town clerk unless the county auditor 
agrees to perform those duties on behalf of the city or town 
clerk.  The costs incurred to provide absentee ballots and 
perform the duties prescribed by this subdivision shall be paid 
by the city or town holding the election. 
    Notwithstanding any other law, this chapter applies to 
school district elections held on the same day as a statewide 
election or an election for a county or municipality wholly or 
partially within the school district. 
    Sec. 4.  Minnesota Statutes 1986, 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 30 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. 5.  Minnesota Statutes 1986, section 205.02, 
subdivision 2, is amended to read:  
    Subd. 2.  [CITY ELECTIONS.] In all statutory and home rule 
charter cities, the primary, general and special elections held 
for choosing city officials and deciding public questions 
relating to the city shall be held as provided in this chapter, 
except that this section and sections 205.065, subdivisions 2 to 
7; 205.07 to 205.13 205.12 and 205.175 and 205.185 do not apply 
to a city whose charter provides the manner of holding its 
primary, general or special elections.  
    Sec. 6.  Minnesota Statutes 1986, section 205.065, 
subdivision 2, is amended to read:  
    Subd. 2.  [RESOLUTION OR ORDINANCE.] The governing body of 
a city of the second, third, or fourth class or a town 
containing a statutory city may, by ordinance or resolution 
adopted at least six weeks three months before the next 
municipal general election, elect to choose nominees for 
municipal offices by a primary as provided in subdivisions 2 to 
7.  The resolution or ordinance, when adopted, is effective for 
all ensuing municipal elections until it is revoked.  
Subdivisions 2 to 7 do not apply to a city the charter of which 
specifically prohibits or provides for a municipal primary.  
    Sec. 7.  Minnesota Statutes 1986, section 205.065, 
subdivision 3, is amended to read:  
    Subd. 3.  [DATE.] The municipal primary shall be held two 
weeks before the municipal general election or at another a time 
designated by the governing body in the ordinance or resolution 
adopting the primary system, but no later than six weeks before 
the general election.  The clerk shall give notice of the 
primary in the manner provided in section 205.16. 
    Sec. 8.  Minnesota Statutes 1986, section 205.13, 
subdivision 1, is amended to read:  
    Subdivision 1.  [AFFIDAVIT OF CANDIDACY.] Not more than 
    (1) eight nor less than six weeks in the case of a town, or 
    (2) not more than ten nor less than eight weeks, in the 
case of a city, 
before the municipal primary, or before the municipal general 
election if there is no municipal primary, an individual who is 
eligible and desires to become a candidate for an office to be 
voted for at the election shall file an affidavit of candidacy 
with the municipal clerk.  The affidavit shall be in 
substantially the same form as that in section 204B.06, 
subdivision 1.  The municipal clerk shall also accept an 
application signed by not less than five voters and filed on 
behalf of an eligible voter in the municipality whom they desire 
to be a candidate, if service of a copy of the application has 
been made on the candidate and proof of service is endorsed on 
the application being filed.  Upon receipt of the proper filing 
fee, the clerk shall place the name of the candidate on the 
official ballot without partisan designation.  The filing dates 
contained in this subdivision do not apply to any home rule 
charter city whose charter provides for earlier filing dates. 
    Approved May 6, 1987