language to be deleted (2) new language
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 electionThe 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 205.13205.12 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 weeksthree 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 orat anothera 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
Official Publication of the State of Minnesota
Revisor of Statutes