Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 467-H.F.No. 2826
An act relating to elections; clarifying provisions
and conforming procedures under the Minnesota election
law and related provisions; amending Minnesota
Statutes 1998, sections 103C.305, subdivision 6;
103C.315, subdivision 2; 123B.09, subdivision 1;
201.061, subdivision 4; 203B.06, subdivision 6;
204B.09, subdivisions 1a, 2, and by adding a
subdivision; 204B.12, subdivision 1; 204B.14,
subdivisions 2, 5, and 6; 204B.16, subdivision 1;
204B.18, subdivision 1; 204B.19, subdivision 6;
204B.40; 204C.32, subdivision 1; 204C.33, subdivision
1; 204C.37; 204D.13, subdivision 1; 204D.25,
subdivision 1; 204D.27, subdivision 8; 205.13,
subdivision 6, and by adding a subdivision; 205.17,
subdivision 1; 205A.06, subdivision 5, and by adding a
subdivision; 206.90, subdivision 6; and 447.32,
subdivision 1; Minnesota Statutes 1999 Supplement,
sections 10A.31, subdivision 3a; 203B.04, subdivision
1; 203B.085; 367.03, subdivision 4; and 447.32,
subdivision 4; repealing Minnesota Statutes 1998,
section 204B.45, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1999 Supplement, section
10A.31, subdivision 3a, is amended to read:
Subd. 3a. [QUALIFICATION OF POLITICAL PARTIES.] (a) A
major political party qualifies for inclusion on the income tax
form and property tax refund return as provided in subdivision 3
if it qualifies as a major political party by July 1 of the
taxable year.
(b) A minor political party qualifies for inclusion on the
income tax form and property tax refund return as provided in
subdivision 3 if the secretary of state certifies to the
commissioner of revenue by July 1 of the taxable year that the
party satisfies the following conditions:
(1) in the last general election, the party ran a candidate
for the office of governor and lieutenant governor, secretary of
state, state auditor, or attorney general, who received votes in
each county that in the aggregate total at least one percent of
the total number of individuals who voted in the election;
(2) it is a political party, not a principal campaign
committee; and
(3) it has held a state convention in the last two years
and an officer of the party has filed with the secretary of
state a certification to that effect.
The secretary of state shall notify each minor political
party by the first Monday in January of each odd-numbered year
of the conditions necessary for the party to participate in
income tax form and property tax refund return programs.
Sec. 2. Minnesota Statutes 1998, section 103C.305,
subdivision 6, is amended to read:
Subd. 6. [VACANCY.] (a) If a vacancy occurs in the office
of an elected supervisor more than 56 days before the next state
primary, the district board shall fill the vacancy by
appointment. The supervisor appointed shall hold office until
December 31 the first Monday in January following the next
general election. A successor shall be elected at the general
election following the appointment and hold office for the
remainder of the term or for the next regular term, whichever is
appropriate.
(b) If a vacancy occurs less than 56 days before the next
state primary, the district board shall fill the vacancy by
appointment. The appointed supervisor shall hold office until
the expiration of the term or until December 31 the first Monday
in January following the second succeeding general election,
whichever is shorter. A successor shall be elected at the
general election preceding expiration of the appointed term and
hold office for the remainder of the term or for the next
regular term, whichever is appropriate.
(c) All terms under this subdivision continue until a
successor has been elected and has qualified.
Sec. 3. Minnesota Statutes 1998, section 103C.315,
subdivision 2, is amended to read:
Subd. 2. [TERMS.] The two supervisors appointed by the
state board upon the establishment of a district shall serve
terms ending on December 31 the first Monday in January
following the next general election after their appointment.
Their successors shall be elected for terms of four years.
A supervisor shall hold office commencing on the first
Monday in January and until a successor is elected or appointed
and has qualified. Vacancies in the office of supervisor
appointed by the state board shall be filled by the state board.
Sec. 4. Minnesota Statutes 1998, section 123B.09,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BOARD MEMBERSHIP.] The care,
management, and control of independent districts is vested in a
board of directors, to be known as the school board. The term
of office of a member shall be four years commencing on the
first Monday in January and until a successor qualifies. The
membership of the board shall consist of six elected directors
together with such ex officio member as may be provided by law.
The board may submit to the electors at any school election the
question whether the board shall consist of seven members. If a
majority of those voting on the proposition favor a seven-member
board, a seventh member shall be elected at the next election of
directors for a four-year term and thereafter the board shall
consist of seven members.
Those districts with a seven-member board may submit to the
electors at any school election at least 150 days before the
next election of three members of the board the question whether
the board shall consist of six members. If a majority of those
voting on the proposition favor a six-member board instead of a
seven-member board, two members instead of three members shall
be elected at the next election of the board of directors and
thereafter the board shall consist of six members.
Sec. 5. Minnesota Statutes 1998, section 201.061,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION BY ELECTION JUDGES; PROCEDURES.]
Registration at the polling place on election day shall be
conducted by the election judges. The election judge who
registers an individual at the polling place on election day
shall not handle that voter's ballots at any time prior to the
opening of the ballot box after the voting ends. Registration
cards and forms for oaths shall be available at each polling
place. If an individual who registers on election day proves
residence by oath of a registered voter, the form containing the
oath shall be attached to the individual's registration card
until the individual's address is verified by the county
auditor. Registration cards completed on election day shall be
forwarded to the county auditor who shall add the name of each
voter to the registration system unless the information
forwarded is substantially deficient. A county auditor who
finds an election day registration substantially deficient shall
give written notice to the individual whose registration is
found deficient. An election day registration shall not be
found deficient solely because the individual who provided proof
of residence was ineligible to do so.
Sec. 6. Minnesota Statutes 1999 Supplement, section
203B.04, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as
otherwise allowed by subdivision 2, an application for absentee
ballots for any election may be submitted at any time not less
than one day before the day of that election. The county
auditor shall prepare absentee ballot application forms in the
format provided in the rules of the secretary of state and shall
furnish them to any person on request. An application submitted
pursuant to this subdivision shall be in writing and shall be
submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school
district if applicable, where the applicant maintains residence.
An application shall be accepted approved if it is timely
received, signed and dated by the applicant, contains the
applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot for
one of the reasons specified in section 203B.02. The
application may contain a request for the voter's date of birth,
which must not be made available for public inspection. An
application may be submitted to the county auditor or municipal
clerk by an electronic facsimile device, at the discretion of
the auditor or clerk. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a
voter by a person other than the voter must be deposited in the
mail or returned in person to the county auditor or municipal
clerk within ten days after it has been dated by the voter and
no later than six days before the election. The absentee ballot
applications or a list of persons applying for an absentee
ballot may not be made available for public inspection until the
close of voting on election day.
Sec. 7. Minnesota Statutes 1998, section 203B.06,
subdivision 6, is amended to read:
Subd. 6. [REQUESTS FROM ABROAD.] If an application for
absentee ballots requests delivery of absentee ballots to a
point outside the continental United States, the absentee
ballots shall must be sent by air mail. The transmittal and
return envelopes shall be marked with the words "OFFICIAL
ELECTION BALLOTING MATERIAL -- VIA AIR MAIL." must contain the
text or symbol or both prescribed by the United States Postal
Service for transmitting election mail outside the continental
United States. Priority in mailing shall be given to all
ballots sent by air mail.
Sec. 8. Minnesota Statutes 1999 Supplement, section
203B.085, is amended to read:
203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING
CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county must be open for
acceptance of absentee ballot applications and casting of
absentee ballots from 10:00 a.m. to 3:00 p.m. on Saturday and
until 5:00 p.m. on Monday immediately preceding a primary,
special, or general election. Town clerks' offices must be open
for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The
school district clerk, when performing the county auditor's
election duties, need not comply with this section.
Sec. 9. Minnesota Statutes 1998, section 204B.09,
subdivision 1a, is amended to read:
Subd. 1a. [ABSENT CANDIDATES.] A candidate for special
district, county, state, or federal office who will be absent
from the state during the filing period may submit a properly
executed affidavit of candidacy, the appropriate filing fee, and
any necessary petitions in person to the filing officer. The
candidate shall state in writing the reason for being unable to
submit the affidavit during the filing period. The affidavit,
filing fee, and petitions must be submitted to the filing
officer during the seven days immediately preceding the
candidate's absence from the state. Nominating petitions may be
signed during the 14 days immediately preceding the date when
the affidavit of candidacy is filed.
Sec. 10. Minnesota Statutes 1998, section 204B.09,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELECTIONS.] Affidavits of candidacy and
nominating petitions for city, town or other elective offices
shall be filed during the time and with the official specified
in chapter 205 or other applicable law or charter, except as
provided for a special district candidate under subdivision 1a.
Affidavits of candidacy and applications filed on behalf of
eligible voters for school board office shall be filed during
the time and with the official specified in chapter 205A or
other applicable law.
Sec. 11. Minnesota Statutes 1998, section 204B.09, is
amended by adding a subdivision to read:
Subd. 3. [WRITE-IN CANDIDATES.] A candidate for state or
federal office who wants write-in votes for the candidate to be
counted must file a written request with the filing office for
the office sought no later than the day before the general
election. The filing officer shall provide copies of the form
to make the request.
Sec. 12. Minnesota Statutes 1998, section 204B.12,
subdivision 1, is amended to read:
Subdivision 1. [BEFORE PRIMARY.] A candidate may withdraw
from the primary ballot by filing an affidavit of withdrawal
with the same official who received the affidavit of candidacy.
The affidavit shall request that official to withdraw the
candidate's name from the ballot and shall be filed no later
than three two days after the last day for filing for the office.
Sec. 13. Minnesota Statutes 1998, section 204B.14,
subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a)
The following shall constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be
established no later than June 1 of any year:
(1) for any city of the third or fourth class, any town, or
any city having territory in more than one county, in which all
the voters of the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality
that have a combined total of fewer than 500 registered voters;
or
(3) for up to four contiguous municipalities located
entirely outside the metropolitan area, as defined by section
473.121, subdivision 2, that are contained in the same
congressional, legislative, and county commissioner district.
A copy of the ordinance or resolution establishing a
combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling
place combined under clause (3) must be approved by the
governing body of each participating municipality. A
municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal
with the county auditor no later than May 1 of any year.
The secretary of state shall provide a separate polling
place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to
serve at a combined polling place. The number of election
judges required must be based on the total number of persons
voting at the last similar election in all precincts to be
voting at the combined polling place. Separate ballot boxes
must be provided for the ballots from each precinct. The
results of the election must be reported separately for each
precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case
the results of that precinct must be reported in the manner
specified by the secretary of state.
Sec. 14. Minnesota Statutes 1998, section 204B.14,
subdivision 5, is amended to read:
Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] When a
precinct boundary has been changed, the municipal clerk shall
immediately notify the secretary of state. Upon receipt of this
notice or a notice of annexation from the Minnesota municipal
board, the secretary of state shall provide the municipal clerk
with a base map on which the clerk shall note the boundary
change. The clerk shall return the file a corrected base map to
with the secretary of state within 30 days after the boundary
change was made. Upon request, the secretary of state shall
provide a base map to the municipal clerk. The secretary of
state shall update the precinct boundary database, prepare a
corrected precinct map, and provide the corrected precinct map
to the county auditor and the municipal clerk who shall make
them available for public inspection. The county auditor shall
prepare and file precinct boundary maps for precincts in
unorganized territories in the same manner as provided for
precincts in municipalities. For every election held in the
municipality the election judges shall be furnished precinct
maps as provided in section 201.061, subdivision 6. If a
municipality changes the boundary of an election precinct, the
county auditor shall notify each school district with territory
affected by the boundary change at least 30 days before the
effective date of the change.
Sec. 15. Minnesota Statutes 1998, section 204B.14,
subdivision 6, is amended to read:
Subd. 6. [PRECINCT BOUNDARIES TO FOLLOW PHYSICAL
FEATURES.] (a) Unless a precinct consists entirely of
unorganized territory or more than one precinct is entirely
included within one census block, for the first two years
following a decennial census an election precinct boundary must
follow a census block line.
(b) The boundaries of election precincts shall must follow
visible, clearly recognizable physical features. If it is not
possible to establish the boundary between any two adjacent
precincts along such features, the boundary around the two
precincts combined shall be established in the manner provided
in the rules of the secretary of state to comply with the
provisions of this subdivision. The maps required by
subdivision 5 shall clearly indicate which boundaries do not
follow visible, clearly recognizable physical features.
(c) For the purposes of this subdivision, "visible, clearly
recognizable physical feature" means a street, road, boulevard,
parkway, river, stream, shoreline, drainage ditch, railway
right-of-way, or any other line which is clearly visible from
the ground. A street or other roadway which has been platted
but not graded is not a visible, clearly recognizable physical
feature for the purposes of this subdivision.
(d) If the secretary of state determines that a precinct
boundary does not comply with this subdivision, the secretary of
state shall send a notice to the county auditor or municipal
clerk specifying the action needed to correct the precinct
boundary. If, after 60 days, the county or municipal governing
body has not taken action to correct the precinct boundary, the
secretary of state shall correct the precinct boundary and
notify the county auditor or municipal clerk of the action taken.
(e) If a visible, clearly recognizable physical feature is
not available for use as a precinct boundary, an alternate
boundary used by the United States Bureau of the Census may be
authorized by the secretary of state.
Sec. 16. Minnesota Statutes 1998, section 204B.16,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LOCATION.] The governing body
of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution
a polling place for each election precinct. Polling places must
be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a
school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school
district located in whole or in part in the metropolitan area
defined by section 473.121 shall be located within the
boundaries of the precinct or within 3,000 feet of one of those
boundaries unless a single polling place is designated for a
city pursuant to section 204B.14, subdivision 2, or a school
district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the
precinct at a place which is convenient to the voters of the
precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area
defined by section 473.121, then the polling place for a town or
school district may be located outside the town or school
district within five miles of one of the boundaries of the town
or school district.
Sec. 17. Minnesota Statutes 1998, section 204B.18,
subdivision 1, is amended to read:
Subdivision 1. [BOOTHS.] Each polling place must contain a
number of voting booths in proportion to the number of
individuals eligible to vote in the precinct. Each booth must
be at least six feet high, three feet deep and two feet wide
with a shelf at least two feet long and one foot wide placed at
a convenient height for writing. The booth shall be provided
with a door or curtains. Each accessible polling place must
have at least one accessible voting booth or other accessible
voting station. All booths or stations must be constructed so
that a voter is free from observation while marking ballots. In
all other polling places every effort must be made to provide at
least one accessible voting booth or other accessible voting
station. During the hours of voting, the booths or stations
must have instructions, a pencil, and other supplies needed to
mark the ballots. If needed, a chair must be provided for
elderly and handicapped voters to use while in the voting
booth. All ballot boxes, voting booths, voting stations, and
election judges must be in open public view in the polling place.
Sec. 18. Minnesota Statutes 1998, section 204B.19,
subdivision 6, is amended to read:
Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other
requirements of this section, a student enrolled in a high
school in Minnesota who has attained the age of 16 is eligible
to be appointed as a without party affiliation trainee election
judge in the municipality county in which the student resides.
The student must meet qualifications for trainee election judges
specified in rules of the secretary of state. A student
appointed as a trainee election judge may be excused from school
attendance during the hours that the student is serving as a
trainee election judge if the student submits a written request
signed and approved by the student's parent or guardian to be
absent from school and a certificate from the appointing
authority stating the hours during which the student will serve
as a trainee election judge to the principal of the school at
least ten days prior to the election. Students shall not serve
as trainee election judges after 10:00 p.m. Notwithstanding
section 177.24 to the contrary, trainee election judges may be
paid not less than two-thirds of the minimum wage for a large
employer. The principal of the school may approve a request to
be absent from school conditioned on acceptable academic
performance and the requirement that the student must have
completed or be enrolled in a course of study in government at
the time of service as a trainee election judge.
Sec. 19. Minnesota Statutes 1998, section 204B.40, is
amended to read:
204B.40 [BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.]
The county auditors and, municipal clerks, and school
district clerks shall retain all election materials returned to
them after any election for at least one year 22 months from the
date of that election. The county auditor may also retain
election materials from school district elections. All election
materials involved in a contested election shall must be
retained for one year 22 months or until the contest has been
finally determined, whichever is later. Abstracts filed by
canvassing boards shall be retained permanently by any officer
with whom those abstracts are filed. Election materials no
longer required to be retained pursuant to this section shall be
disposed of in accordance with sections 138.163 to 138.21.
Sealed envelopes containing voted ballots must be retained
unopened, except as provided in this section, in a secure
location. The county auditor, municipal clerk, or school
district clerk shall not permit any voted ballots to be tampered
with or defaced.
After the time for filing a notice of contest for an
election has passed, the secretary of state may open the sealed
ballot envelopes and inspect the ballots for that election
maintained by the county auditors, municipal clerks, or school
district clerks for the purpose of monitoring and evaluating
election procedures. No inspected ballot may be marked or
identified in any manner. After inspection, all ballots must be
returned to the ballot envelope and the ballot envelope must be
securely resealed.
Sec. 20. Minnesota Statutes 1998, section 204C.32,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY CANVASS.] The county canvassing
board shall meet at the county auditor's office on or before the
third day following the state primary. After taking the oath of
office, the canvassing board shall publicly canvass the election
returns delivered to the county auditor. The board shall
complete the canvass no later than the third day following the
state primary and shall promptly prepare and file with the
county auditor a report that states:
(a) The number of individuals voting at the election in the
county, and in each precinct;
(b) The number of individuals registering to vote on
election day and the number of individuals registered before
election day in each precinct;
(c) For each major political party, the names of the
candidates running for each partisan office and the number of
votes received by each candidate in the county and in each
precinct;
(d) The names of the candidates of each major political
party who are nominated; and
(e) The number of votes received by each of the candidates
for nonpartisan office in each precinct in the county and the
names of the candidates nominated for nonpartisan office.
Upon completion of the canvass, the county auditor shall
mail or deliver a notice of nomination to each nominee for
county office voted for only in that county. The county auditor
shall transmit one of the certified copies of the county
canvassing board report for state and federal offices to the
secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The
secretary of state shall mail a notice of nomination to each
nominee for state or federal office.
Sec. 21. Minnesota Statutes 1998, section 204C.33,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY CANVASS.] The county canvassing
board shall meet at the county auditor's office on or before the
seventh day following the state general election. After taking
the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county
auditor. Upon completion of the canvass, the board shall
promptly prepare and file with the county auditor a report which
states:
(a) The number of individuals voting at the election in the
county and in each precinct;
(b) The number of individuals registering to vote on
election day and the number of individuals registered before
election day in each precinct;
(c) The names of the candidates for each office and the
number of votes received by each candidate in the county and in
each precinct;
(d) The number of votes counted for and against a proposed
change of county lines or county seat; and
(e) The number of votes counted for and against a
constitutional amendment or other question in the county and in
each precinct.
The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county
canvass, except that write-in votes for a candidate for state or
federal office must not be counted unless the candidate has
timely filed a request under section 204B.09, subdivision 3.
The county auditor shall arrange for each municipality to
provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election
judges for this purpose. The county auditor may open the
envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must
reseal the voted ballots at the conclusion of this process.
Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the
highest number of votes for each county and state office voted
for only within the county. The county auditor shall transmit
one of the certified copies of the county canvassing board
report for state and federal offices to the secretary of state
by express mail or similar service immediately upon conclusion
of the county canvass.
Sec. 22. Minnesota Statutes 1998, section 204C.37, is
amended to read:
204C.37 [COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.]
Two copies of the reports required by sections 204C.32,
subdivision 1 and 204C.33, subdivision 1 shall be certified
under the official seal of the county auditor. Each copy shall
be enclosed in an envelope addressed to the secretary of state,
with the county auditor's name and official address and the
words "Election Returns" endorsed on the envelope. The copies
shall copy of the canvassing board report not sent by express
mail and the precinct summary statements must be mailed or
delivered to the secretary of state and, if mailed, shall be
forwarded by different mails. If neither copy is received by
the secretary of state within ten days following the applicable
election, the secretary of state shall immediately notify the
county auditor, who shall deliver another copy to the secretary
of state by special messenger.
Sec. 23. Minnesota Statutes 1998, section 204D.13,
subdivision 1, is amended to read:
Subdivision 1. [ORDER OF OFFICES.] The candidates for
partisan offices shall be placed first on the white ballot and
shall appear in the following order: senator in Congress shall
be first; representative in Congress, second; state senator,
third; and state representative, fourth. The candidates for
state offices shall follow in the order specified by the
secretary of state. Candidates for governor and lieutenant
governor shall appear so that a single vote may be cast for both
offices.
Sec. 24. Minnesota Statutes 1998, section 204D.25,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] Except as provided in subdivision
2, the county auditor shall prepare separate ballots for a
special primary and special election as required by sections
204D.17 to 204D.27. The ballots shall be headed "Special
Primary Ballot" or "Special Election Ballot" as the case may be,
followed by the date of the special primary or special
election. Immediately below the title of each office to be
filled shall be printed the words "To fill vacancy in term
expiring ..........," with the date of expiration of the term
and any other information that is necessary to distinguish the
office from any other office to be voted upon at the same
election. For a special primary or special election, the
instructions to voters may use the singular tense when referring
to candidates and offices when only one office is to be filled
at the special election. Otherwise the form of the ballots
shall comply as far as practicable with the laws relating to
ballots for state primaries and state general elections. The
county auditor shall post a sample of each ballot in the
auditor's office as soon as prepared and not later than four
days before the special primary or special election.
Publication of the sample ballot for a special primary or
special election is not required.
Sec. 25. Minnesota Statutes 1998, section 204D.27,
subdivision 8, is amended to read:
Subd. 8. [CERTIFICATE OF CONGRESSIONAL ELECTION.] No
certificate of election in a special election for senator or
representative in Congress may be issued by the county auditor
of any county or by the secretary of state to any individual
declared elected by the county or state canvassing board until
seven days after the canvassing board has canvassed the returns
and declared the results of the election. In case of a contest
the certificate may not be issued until the district court
determines the contest.
Sec. 26. Minnesota Statutes 1998, section 205.13, is
amended by adding a subdivision to read:
Subd. 1b. [ABSENT CANDIDATES.] A candidate for municipal
office who will be absent from the state during the filing
period may submit a properly executed affidavit of candidacy,
the appropriate filing fee, and any necessary petitions in
person to the filing officer. The candidate shall state in
writing the reason for being unable to submit the affidavit
during the filing period. The affidavit, filing fee, and
petitions must be submitted to the filing officer during the
seven days immediately preceding the candidate's absence from
the state. In cities of the first class, and in any city where
the use of nominating petitions is permitted under the city's
charter, a nominating petition for a candidate who will be
absent from the state during the filing period may be signed
during the 14 days immediately preceding the date when the
affidavit of candidacy is filed.
Sec. 27. Minnesota Statutes 1998, section 205.13,
subdivision 6, is amended to read:
Subd. 6. [WITHDRAWAL.] A candidate for a municipal
elective office may withdraw from the election by filing an
affidavit of withdrawal with the municipal clerk by 12 o'clock
noon of the day no later than 5:00 p.m. two days after the last
day for filing affidavits of candidacy. Thereafter, no
candidate may file an affidavit of withdrawal.
Sec. 28. Minnesota Statutes 1998, section 205.17,
subdivision 1, is amended to read:
Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES;
TOWNS.] In all statutory and home rule charter cities of the
second, third and fourth class, and in all towns, for the
municipal general election, the municipal clerk shall have
printed on light green paper the official ballot containing the
names of all candidates for municipal offices. The ballot shall
be printed in blocks quantities of 25, 50, or 100, shall be
headed "City or Town Election Ballot," shall state the name of
the city or town and the date of the election, and shall conform
in other respects to the white ballot used at the state general
election. The names shall be arranged on city ballots in the
manner provided for the state elections. On town ballots names
of the candidates for each office shall be arranged either:
(1) alphabetically according to the candidates' surnames;
or
(2) in the manner provided for state elections if the town
electors chose at the town's annual meeting to arrange the names
in that way for at least two consecutive years.
Sec. 29. Minnesota Statutes 1998, section 205A.06, is
amended by adding a subdivision to read:
Subd. 1c. [ABSENT CANDIDATES.] A candidate for the office
of school board member who will be absent from the state during
the filing period may submit a properly executed affidavit of
candidacy, the appropriate filing fee, and any necessary
petitions in person to the filing officer. The candidate shall
state in writing the reason for being unable to submit the
affidavit during the filing period. The affidavit, filing fee,
and petitions must be submitted to the filing officer during the
seven days immediately preceding the candidate's absence from
the state.
Sec. 30. Minnesota Statutes 1998, section 205A.06,
subdivision 5, is amended to read:
Subd. 5. [WITHDRAWAL.] A candidate for a school district
elective office may withdraw from the election by filing an
affidavit of withdrawal with the school district clerk by 12:00
noon of the day no later than 5:00 p.m. two days after the last
day for filing affidavits of candidacy. After that date, no
candidate may file an affidavit of withdrawal.
Sec. 31. Minnesota Statutes 1998, section 206.90,
subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In precincts using optical scan voting
systems, a single ballot card on which all ballot information is
included must be printed in black ink on white colored material
except that marks not to be read by the automatic tabulating
equipment may be printed in another color ink.
When optical scan ballots are used, the offices to be
elected must appear in the following order: federal offices;
state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions;
municipal offices and questions; school district offices and
questions; special district offices and questions; and judicial
offices.
On optical scan ballots, the names of candidates and the
words "yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."
If a primary ballot contains both a partisan ballot and a
nonpartisan ballot, the instructions to voters must include a
statement that reads substantially as follows: "THIS BALLOT
CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON
THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the
instructions to voters must include a statement that reads
substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE
POLITICAL PARTY ONLY." At the bottom of each political party
column on the primary ballot, the ballot must contain a
statement that reads substantially as follows: "CONTINUE VOTING
ON THE NONPARTISAN BALLOT." The instructions in section
204D.08, subdivision 4, do not apply to optical scan partisan
primary ballots.
Sec. 32. Minnesota Statutes 1999 Supplement, section
367.03, subdivision 4, is amended to read:
Subd. 4. [OFFICERS; NOVEMBER ELECTION.] Supervisors and
other town officers in towns that hold the town general election
in November shall be elected for terms of four years commencing
on the first Monday in January and until their successors are
elected and qualified. The clerk and treasurer shall be elected
in alternate years.
Sec. 33. Minnesota Statutes 1998, section 447.32,
subdivision 1, is amended to read:
Subdivision 1. [TERMS OF OFFICE.] Each hospital district
shall be governed by a hospital board composed of one member
elected from each city and town in the district and one member
elected at large. A member's term of office is four
years commencing on the first Monday in January and until a
successor qualifies. At the first election, however, members
must be elected for terms set by the governing body calling the
election, so that half the terms, as nearly as may be, expire on
December 31 the first Monday in January of the next
even-numbered odd-numbered year and the remaining terms expire
two years from that date. After that, before a member's term
expires, a new member shall be elected for a term of four years
from the expiration date.
If a member dies, resigns, fails to qualify, or moves from
the hospital district, a successor may be appointed by a
majority of the remaining members of the board. The successor
shall hold office until December 31 the first Monday in January
after the next regular hospital district election. At the
election a successor must be elected to fill the unexpired term.
When an additional city or town is annexed to the district,
in accordance with section 447.36, its governing body shall by
resolution appoint a member to the board. The member shall hold
office until December 31 the first Monday in January after the
next regular hospital district election. At the election a
successor must be elected for a term of either two or four
years, to be set by the hospital board so that the number of
members of the board whose terms expire in any later year will
not exceed one-half of the members plus one.
Sec. 34. Minnesota Statutes 1999 Supplement, section
447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A
person who wants to be a candidate for the hospital board shall
file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the
candidate resides. The affidavit of candidacy must be filed
with the city or town clerk not more than ten weeks nor less
than eight weeks before the election. The city or town clerk
must forward the affidavits of candidacy to the clerk of the
hospital district or, for the first election, the clerk of the
most populous city or town immediately after the last day of the
filing period. A candidate may withdraw from the election by
filing an affidavit of withdrawal with the clerk of the district
no later than 12:00 p.m. on the day 5:00 p.m. two days after the
last day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare,
at the expense of the district, necessary ballots for the
election of officers. Ballots must be printed on tan paper and
prepared as provided in the rules of the secretary of state.
The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any
proposition to be voted on may be printed on the ballot provided
for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at
each polling place. The election judges shall act as clerks of
election, count the ballots cast, and submit them to the board
for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate who received the
largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person
or by certified mail. Each person certified shall file an
acceptance and oath of office in writing with the clerk within
30 days after the date of delivery or mailing of the
certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30
days, but qualification is effective if made before the board
acts to fill the vacancy.
Sec. 35. [REPEALER.]
Minnesota Statutes 1998, section 204B.45, subdivision 1a,
is repealed.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:56 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes