Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 603-S.F.No. 2421 
           An act relating to elections; presidential primary; 
          changing the primary date; providing procedures for 
          conducting the primary; changing the requirements for 
          being a candidate at the primary; allowing voters to 
          prefer uncommitted delegates; allowing write-in votes; 
          providing for voter receipt of ballots; eliminating 
          the provision that the primary winner is the party's 
          endorsed candidate; changing the apportionment of 
          party delegates; requiring provision of certain 
          information to interested persons; amending Minnesota 
          Statutes 1988, sections 10A.15, subdivision 3b; 
          204B.06, by adding a subdivision; and 204B.11, 
          subdivision 2; Minnesota Statutes 1989 Supplement, 
          sections 207A.01; 207A.02; 207A.03; 207A.04; and 
          207A.06; proposing coding for new law in Minnesota 
          Statutes, chapter 207A; repealing Minnesota Statutes 
          1989 Supplement, section 207A.05. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 10A.15, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [BY INDIVIDUAL MEMBERS OF POLITICAL FUND OR 
COMMITTEE ATTRIBUTABLE CONTRIBUTIONS.] Contributions made to a 
candidate or principal campaign committee by individual members 
of a political fund or committee that are solicited directed to 
that candidate or principal campaign committee by the a 
political fund or committee must be reported as attributable to 
the political fund or committee and count toward the 
contribution limits of that fund or committee specified in 
section 10A.27, if the political fund or committee was organized 
or is operated primarily to solicit or direct the 
contributions of its members and other than from its own funds 
to influence the nomination or election of a candidate.  The 
term "individual members" as used in this subdivision means a 
person or entity who in any manner participates in or in any 
manner contributes financially or otherwise to the activities of 
the political fund or committee. one or more candidates or 
principal campaign committees.  The treasurer of the political 
fund or committee shall advise the candidate or the candidate's 
principal campaign committee if the contribution or 
contributions are not from the funds of the political fund or 
the political committee and the original source of the funds.  
As used in this subdivision, the term "direct" includes, but is 
not limited to, order, command, control, or instruct.  A 
violation of this subdivision is a violation of section 10A.29. 
    Sec. 2.  Minnesota Statutes 1988, section 204B.06, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PRESIDENTIAL PRIMARY AFFIDAVIT.] An affidavit 
of candidacy for the presidential primary must include the 
candidate's name, address, office sought, and the candidate's 
political party or principal in three words or less.  The 
affidavit must include a statement that the candidate satisfies 
the federal constitutional requirements for holding office. 
    Sec. 3.  Minnesota Statutes 1988, 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 or 
204B.13, subdivision 4, 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, county or county municipal 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. 4.  Minnesota Statutes 1989 Supplement, section 
207A.01, is amended to read: 
    207A.01 [PRESIDENTIAL PRIMARY.] 
    A presidential primary must be held on the fourth first 
Tuesday in February April of each year in which a president and 
vice president of the United States are to be nominated and 
elected, at which the voters of this state may express their 
preference among the candidates of the major political party of 
their choice, for that party's nomination to be president of the 
United States or may vote for uncommitted delegates to the 
national party convention.  For the purposes of sections 207A.01 
to 207A.07, "political party" or "party" means a political party 
as defined in section 200.02, subdivision 7.  
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
207A.02, is amended to read: 
    207A.02 [CANDIDATES ON BALLOT.] 
    Subdivision 1.  [REQUIRED LISTING.] The following 
individuals must be listed as candidates on the appropriate 
major political party presidential ballot with a separate ballot 
for each major political party:  
    (1) any individual whose name has been entered as a 
candidate for the nomination of a major political party in 
presidential primaries in two or more other states during the 
same year who files an affidavit of candidacy pursuant to 
section 204B.06 and submits the appropriate filing fee or 
petition in place of filing fee pursuant to section 204B.11; and 
    (2) any individual nominated as a candidate for the 
presidential nomination of a political party by a petition 
submitted not later than ten weeks before the primary and 
bearing the names of 2,000 1,000 eligible voters from each 
congressional district.  
    In addition, each major political party's ballot must 
contain a place for a voter to indicate a preference for having 
delegates to the party's national convention remain uncommitted, 
and a blank line printed below the other choices on the ballot 
so that a voter may write in the name of a person who is not 
listed on the ballot. 
    Subd. 1a.  [TIME FOR FILING; FEE.] The period for filing an 
affidavit of candidacy for the presidential primary must begin 
16 weeks before the primary and end 14 weeks before the 
primary.  The filing fee is $500.  The period for signing 
nominating petitions must begin 16 weeks before the primary and 
end ten weeks before the primary. 
    Subd. 2.  [TENTATIVE LISTING ANNOUNCING CANDIDATES.] A 
tentative determination of the Candidates to be listed who have 
filed an affidavit of candidacy pursuant to subdivision 1, 
clause (1), for each political party on the presidential primary 
ballot must be announced by the secretary of state ten weeks 
before the primary the day after filings close for the purpose 
of giving voters sufficient time to nominate unlisted other 
candidates by petition.  
    Subd. 3.  [ANNOUNCEMENT.] The determination of which 
candidates must be listed on the presidential primary ballot 
must be made by the secretary of state not later than six eight 
weeks before the presidential primary.  The secretary of state 
shall certify to the county auditor of each county the names of 
all candidates in the presidential primary at least seven weeks 
before the primary.  
    Subd. 4.  [NOTIFICATION.] Not later than three days after 
the last day for filing a nominating petition pursuant to 
subdivision 1, clause (2), the secretary of state shall notify 
each individual whose name is to be listed on the presidential 
primary ballot that the individual's name will be listed unless 
the individual submits an affidavit stating that the individual 
is not a candidate for the presidential nomination, does not 
intend to become a candidate, and would not accept the 
nomination.  The affidavit must be submitted to and received by 
the secretary of state no later than five eight weeks before the 
presidential primary.  
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
207A.03, is amended to read: 
    207A.03 [PRESIDENTIAL PRIMARY; HOW CONDUCTED.] 
    Subdivision 1.  [GENERAL RULE.] Except as otherwise 
provided in sections 207A.01 to 207A.07, the presidential 
primary must be announced, held, and conducted, and the results 
canvassed and returned in the manner provided by law for other 
primaries and in accordance with the general election laws of 
the state, as applicable the state primary.  If a municipality 
which uses lever voting machines or an electronic voting system 
determines that the use of the machines or voting system would 
not be practical in the presidential primary, the municipality 
may use a paper ballot for the presidential primary. 
    Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
seeking to vote at the presidential primary shall request the 
ballot of the party for whose candidates the individual wishes 
to vote.  The voter registration certificate or duplicate 
registration file for the presidential primary must list the 
names of the political parties appearing on the ballot at the 
presidential primary.  Before receiving a ballot, a voter shall 
sign the voter's certificate or duplicate registration file and 
shall place a check mark beside the name of the political party 
whose ballot the voter requested. 
    Sec. 7.  Minnesota Statutes 1989 Supplement, section 
207A.04, is amended to read: 
    207A.04 [AUDITOR FURNISHED INFORMATION BY SECRETARY OF 
STATE; BALLOT PREPARATION.] 
    Subdivision 1.  [NOTICE OF FILING PERIOD.] Before December 
1 of the year Twenty weeks before a presidential primary is to 
be held, the secretary of state shall provide notice to the 
county auditor of each county of the date of the presidential 
primary.  Within ten days after notification by the secretary of 
state, each county auditor shall provide notice of the date of 
the presidential primary to each municipal clerk in the county. 
    Subd. 2.  [NOTICE OF PRIMARY.] At least 15 days before the 
date of the presidential primary, each municipal clerk shall 
post a public notice stating the date of the presidential 
primary, the location of each polling place in the municipality, 
and the hours during which the polling places in the 
municipality will be open.  The county auditor shall post a 
similar notice in the auditor's office with information for any 
polling places in unorganized territory in the county.  The 
governing body of a municipality or county may publish the 
notice in addition to posting it.  Failure to give notice does 
not invalidate the election.  
    Subd. 2 3.  [BALLOT PREPARATION.] The secretary of state 
shall prepare paper ballots, absentee ballot envelopes, ballot 
return envelopes, election return envelopes, and summary 
statements for use in the presidential primary.  The ballots 
must be printed on white paper with a separate ballot for the 
names of the candidates of each political party.  
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
207A.06, is amended to read: 
    207A.06 [SELECTION OF DELEGATES; NATIONAL CONVENTION 
BALLOTING.] 
    Subdivision 1.  [APPORTIONMENT OF VOTES.] The delegates to 
the national convention of each political party appearing on the 
presidential primary ballot who are chosen on the basis of their 
support for particular presidential candidates must be 
apportioned among the various candidates of that party receiving 
votes in the presidential primary, in proportion to their 
respective vote totals.  
    The secretary of state shall certify to the state 
chairperson of each political party appearing on the 
presidential primary ballot the number of delegates to which 
each presidential candidate is entitled.  
    Subd. 2.  [CHOSEN DELEGATES.] Delegates to the national 
convention of each political party appearing on the presidential 
primary ballot must be chosen by the state convention or 
congressional district convention of that party, except as 
otherwise provided in this subdivision.  The secretary of each 
party's state convention or congressional district convention 
shall promptly notify the secretary of state of the names of the 
delegates to the national convention chosen as supporters of 
each presidential candidate.  Only supporters of candidates 
whose names appeared on the presidential primary ballot may be 
chosen by the state convention of that party to be delegates to 
the national convention.  The secretary of state shall promptly 
notify each presidential candidate of the names of the delegates 
to the national convention chosen as supporters of that 
candidate.  If the presidential candidate determines that the 
delegates chosen as supporters by the state convention are not 
in fact committed to the candidate's candidacy, the candidate 
shall, within ten days of receiving the notification from the 
secretary of state, advise the secretary of state of the names 
of those delegates to whom the candidate objects on those 
grounds and shall name as substitute delegates any other 
individuals who are committed to the candidacy.  The 
determination and selection by the presidential candidate shall 
take precedence over the decision of the state convention and is 
final.  The secretary of state shall promptly notify the 
secretary of the state convention of the affected political 
party of the action by a presidential candidate.  
    Subd. 3.  [DELEGATE VOTES.] At the national convention, 
delegates chosen because of their support for a presidential 
candidate shall vote for that candidate on the first ballot at 
the national convention regardless of the number of votes the 
candidate receives, and shall also vote for the candidate on the 
second and third ballots if the candidate receives at least 20 
percent of the votes cast on the preceding ballot, unless they 
have been released from that obligation by the candidate.  This 
subdivision does not apply to delegates to the extent that it is 
inconsistent with the rules of the national party or state party.
    Sec. 9.  [207A.08] [INFORMATION ON PARTY CHOICE.] 
    Notwithstanding section 204C.18, subdivision 1, or other 
law to the contrary, a person entitled to inspect the duplicate 
registration file or receive a copy of a current precinct list 
under section 201.091, must also be informed of the party choice 
of any voter who voted in the most recent presidential primary 
under this chapter. 
    Sec. 10.  [207A.09] [RULEMAKING AUTHORITY.] 
    The secretary of state shall adopt rules to implement the 
provisions of this chapter as follows: 
    (1) to implement section 9; 
    (2) to determine a method for verifying the signatures on 
nominating petitions and petitions in place of filing fees for 
the presidential primary; 
    (3) to determine the format of the presidential primary 
ballots; and 
    (4) to determine the manner of paying or reimbursing the 
costs to the counties of conducting the presidential primary. 
    Sec. 11.  [REGIONAL PRIMARY STUDY.] 
    The secretary of state shall study the feasibility of 
Minnesota's joining any other state to hold a regional 
presidential primary and shall report conclusions to the chairs 
of the general legislation, veterans affairs and gaming 
committee in the house of representatives and the elections and 
ethics committee in the senate by February 1, 1991. 
    Sec. 12.  [REPEALER.] 
    Minnesota Statutes 1989 Supplement, section 207A.05, is 
repealed. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:51 p.m.