1.1 	A bill for an act
1.2 	relating to elections; moving the state primary from September to June and 
1.3 	making conforming changes; requiring state partisan primary ballots to 
1.4 	designate candidates receiving a certain level of support at state party endorsing 
1.5 	conventions as "endorsed";amending Minnesota Statutes 2008, sections 
1.6 	10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 204B.14, 
1.7 	subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 
1.8 	4; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.08, subdivision 
1.9 	4; 205.065, subdivision 1; 205.13, subdivision 1a; 205A.03, subdivision 2; 
1.10 	205A.06, subdivision 1a; 206.82, subdivision 2; 211B.045; 447.32, subdivision 
1.11 	4; proposing coding for new law in Minnesota Statutes, chapter 204B.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
1.14 		Subd. 6.Distribution of party accounts. As soon as the board has obtained from 
1.15 	the secretary of state the results of the primary election, but no later than one week after 
1.16 	certification by the State Canvassing Board of the results of the primary, the board must 
1.17 	distribute the available money in each party account, as certified by the commissioner of 
1.18 	revenue ~~on September 1~~ one week before the state primary, to the candidates of that party 
1.19 	who have signed a spending limit agreement under section 10A.322 and filed the affidavit 
1.20 	of contributions required by section 10A.323, who were opposed in either the primary 
1.21 	election or the general election, and whose names are to appear on the ballot in the general 
1.22 	election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy 
1.23 	from the party account may not be paid in an amount greater than the expenditure limit 
1.24 	of the candidate or the expenditure limit that would have applied to the candidate if the 
1.25 	candidate had not been freed from expenditure limits under section 10A.25, subdivision 
1.26 	10. If a candidate files the affidavit required by section 10A.323~~after September 1 of the~~ 
1.27 	~~general election year~~ less than one week before the state primary, the board must pay the 
2.1 	candidate's allocation to the candidate at the next regular payment date for public subsidies 
2.2 	for that election cycle that occurs at least 15 days after the candidate files the affidavit. 

2.3 	Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read:
2.4 	10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
2.5 		Subdivision 1.Calculation and certification of estimates. The commissioner of 
2.6 	revenue must calculate and certify to the board one week before ~~July 1~~the first day for 
2.7 	filing for office in each election year an estimate of the total amount in the state general 
2.8 	account of the state elections campaign fund and the amount of money each candidate 
2.9 	who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the 
2.10 	candidate's party account in the state elections campaign fund. This estimate must be 
2.11 	based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any 
2.12 	necessary vote totals provided by the secretary of state to apply the formulas in section 
2.13 	10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 
2.14 	100 percent of the tax returns have been processed.  
2.15 		Subd. 2.Publication, certification, and notification procedures. Before the 
2.16 	first day of filing for office, the board must publish and forward to all filing officers 
2.17 	the estimates calculated and certified under subdivision 1 along with a copy of section 
2.18 	10A.25, subdivision 10. Within ~~seven days~~ one week  after the last day for filing for 
2.19 	office, the secretary of state must certify to the board the name, address, office sought, and 
2.20 	party affiliation of each candidate who has filed with that office an affidavit of candidacy 
2.21 	or petition to appear on the ballot. The auditor of each county must certify to the board 
2.22 	the same information for each candidate who has filed with that county an affidavit of 
2.23 	candidacy or petition to appear on the ballot. ~~By August 15~~ Within two weeks after the last 
2.24 	day for filing for office, the board must notify all candidates of their estimated minimum 
2.25 	amount. The board must include with the notice a form for the agreement provided in 
2.26 	section 10A.322 along with a copy of section 10A.25, subdivision 10.  

2.27 	Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
2.28 		Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public 
2.29 	subsidy, a candidate must sign and file with the board a written agreement in which the 
2.30 	candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 
2.31 	10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. 
2.32 	(b) Before the first day of filing for office, the board must forward agreement forms 
2.33 	to all filing officers. The board must also provide agreement forms to candidates on 
2.34 	request at any time. The candidate must file the agreement with the board ~~by September 1~~ 
3.1 	~~preceding the candidate's general election or a special election held at the general election~~
3.2 	at least one week before the candidate's state primary. An agreement may not be filed after 
3.3 	that date. An agreement once filed may not be rescinded. 
3.4 	(c) The board must notify the commissioner of revenue of any agreement signed 
3.5 	under this subdivision. 
3.6 	(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means 
3.7 	of a special election and the filing period does not coincide with the filing period for the 
3.8 	general election, a candidate may sign and submit a spending limit agreement not later 
3.9 	than the day after the candidate files the affidavit of candidacy or nominating petition 
3.10 	for the office. 

3.11 	Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read:
3.12 	10A.323 AFFIDAVIT OF CONTRIBUTIONS. 
3.13 	In addition to the requirements of section 10A.322, to be eligible to receive a public 
3.14 	subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit 
3.15 	with the board stating that during that calendar year the candidate has accumulated 
3.16 	contributions from persons eligible to vote in this state in at least the amount indicated for 
3.17 	the office sought, counting only the first $50 received from each contributor: 
3.18 	(1) candidates for governor and lieutenant governor running together, $35,000; 
3.19 	(2) candidates for attorney general, $15,000; 
3.20 	(3) candidates for secretary of state and state auditor, separately, $6,000; 
3.21 	(4) candidates for the senate, $3,000; and 
3.22 	(5) candidates for the house of representatives, $1,500. 
3.23 	The affidavit must state the total amount of contributions that have been received 
3.24 	from persons eligible to vote in this state, disregarding the portion of any contribution in 
3.25 	excess of $50. 
3.26 	The candidate or the candidate's treasurer must submit the affidavit required by this 
3.27 	section to the board in writing by the ~~cutoff date~~ deadline  for reporting of receipts and 
3.28 	expenditures before a primary under section 10A.20, subdivision 4. 
3.29 	A candidate for a vacancy to be filled at a special election for which the filing period 
3.30 	does not coincide with the filing period for the general election must submit the affidavit 
3.31 	required by this section to the board within five days after filing the affidavit of candidacy. 

3.32 	Sec. 5. [204B.055] FILING FOR PRIMARY; MAJOR PARTY CANDIDATES 
3.33 	FOR OFFICE.
4.1 		Subdivision 1.Notice of offices to be elected. By February 15 of every 
4.2 	even-numbered year, the secretary of state shall send a notice of the offices to be elected at 
4.3 	the state general election to the state chair of each major political party.
4.4 		Subd. 2.Certification of candidates. No later than eight weeks before the state 
4.5 	primary, the state chair of each major political party shall certify to the secretary of state 
4.6 	the names of every person who received at least 30 percent of the votes according to the 
4.7 	party rules on any ballot at the appropriate party endorsing convention for an office to 
4.8 	be elected at the general election. 
4.9 		Subd. 3.Form of certification. The certification of candidates must include the 
4.10 	name of the candidate as it is to appear on the ballot and the name of the office sought. 
4.11 	The certification shall also include a statement that each candidate meets the qualifications 
4.12 	for the office sought. The certification must be prepared by the party chair in the manner 
4.13 	provided by the secretary of state.
4.14 		Subd. 4.Eligibility of candidates. No candidate shall be certified by a major 
4.15 	political party who does not meet the constitutional and statutory requirements for the 
4.16 	office sought.

4.17 	Sec. 6. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
4.18 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
4.19 	constitute at least one election precinct:
4.20 	(1) each city ward; and
4.21 	(2) each town and each statutory city.
4.22 	(b) A single, accessible, combined polling place may be established no later than 
4.23 	June 1 of ~~any~~ an odd-numbered  year and no later than 14 weeks before the state primary in 
4.24 	an even-numbered year:
4.25 	(1) for any city of the third or fourth class, any town, or any city having territory in 
4.26 	more than one county, in which all the voters of the city or town shall cast their ballots;
4.27 	(2) for two contiguous precincts in the same municipality that have a combined 
4.28 	total of fewer than 500 registered voters;
4.29 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
4.30 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
4.31 	(4) for noncontiguous precincts located in one or more counties.
4.32 	A copy of the ordinance or resolution establishing a combined polling place must 
4.33 	be filed with the county auditor within 30 days after approval by the governing body. A 
4.34 	polling place combined under clause (3) must be approved by the governing body of each 
4.35 	participating municipality. A polling place combined under clause (4) must be approved 
5.1 	by the governing body of each participating municipality and the secretary of state and 
5.2 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
5.3 	from participation in a combined polling place must do so by filing a resolution of 
5.4 	withdrawal with the county auditor no later than May 1 of ~~any~~ an odd-numbered  year and 
5.5 	no later than 18 weeks before the state primary in an even-numbered year.
5.6 	The secretary of state shall provide a separate polling place roster for each precinct 
5.7 	served by the combined polling place. A single set of election judges may be appointed 
5.8 	to serve at a combined polling place. The number of election judges required must be 
5.9 	based on the total number of persons voting at the last similar election in all precincts to 
5.10 	be voting at the combined polling place. Separate ballot boxes must be provided for the 
5.11 	ballots from each precinct. The results of the election must be reported separately for each 
5.12 	precinct served by the combined polling place, except in a polling place established under 
5.13 	clause (2) where one of the precincts has fewer than ten registered voters, in which case the 
5.14 	results of that precinct must be reported in the manner specified by the secretary of state.

5.15 	Sec. 7. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
5.16 		Subd. 4.Boundary change procedure. Any change in the boundary of an election 
5.17 	precinct shall be adopted at least 90 days before the date of the next election and, for the 
5.18 	state primary and general election, no later than ~~June 1~~ 14 weeks before the state primary
5.19 	in the year of the state general election. The precinct boundary change shall not take 
5.20 	effect until notice of the change has been posted in the office of the municipal clerk or 
5.21 	county auditor for at least 60 days.
5.22 	The county auditor must publish a notice illustrating or describing the congressional, 
5.23 	legislative, and county commissioner district boundaries in the county in one or more 
5.24 	qualified newspapers in the county at least 14 days prior to the first day to file affidavits of 
5.25 	candidacy for the state general election in the year ending in two.
5.26 	Alternate dates for adopting changes in precinct boundaries, posting notices 
5.27 	of boundary changes, and notifying voters affected by boundary changes pursuant 
5.28 	to this subdivision, and procedures for coordinating precinct boundary changes with 
5.29 	reestablishing local government election district boundaries may be established in the 
5.30 	manner provided in the rules of the secretary of state.

5.31 	Sec. 8. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
5.32 		Subdivision 1. Appointment lists; duties of political parties and county auditor.
 5.33 	~~On June 1~~ Within two weeks after the precinct caucuses  in a year in which there is an 
5.34 	election for a partisan political office, the county or legislative district chairs of each major 
6.1 	political party, whichever is designated by the state party, shall prepare a list of eligible 
6.2 	voters to act as election judges in each election precinct in the county or legislative 
6.3 	district. The chairs shall furnish the lists to the county auditor of the county in which the 
6.4 	precinct is located. 
6.5 	~~By June 15~~ Within four weeks after the precinct caucuses, the county auditor shall 
6.6 	furnish to the appointing authorities a list of the appropriate names for each election 
6.7 	precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by 
6.8 	the county auditor for each major political party. 

6.9 	Sec. 9. Minnesota Statutes 2008, section 204B.33, is amended to read:
6.10 	204B.33 NOTICE OF FILING.
6.11 	(a) ~~Between June 1 and July 1 in each even-numbered year~~ At least 15 weeks before 
6.12 	the state primary, the secretary of state shall notify each county auditor of the offices to be 
6.13 	voted for in that county at the next state general election for which candidates file with the 
6.14 	secretary of state. The notice shall include the time and place of filing for those offices. 
6.15 	Within ten days after notification by the secretary of state, each county auditor shall notify 
6.16 	each municipal clerk in the county of all the offices to be voted for in the county at that 
6.17 	election and the time and place for filing for those offices. The county auditors and 
6.18 	municipal clerks shall promptly post a copy of that notice in their offices.
6.19 	(b) At least two weeks before the first day to file an affidavit of candidacy, the 
6.20 	county auditor shall publish a notice stating the first and last dates on which affidavits of 
6.21 	candidacy may be filed in the county auditor's office and the closing time for filing on the 
6.22 	last day for filing. The county auditor shall post a similar notice at least ten days before 
6.23 	the first day to file affidavits of candidacy.

6.24 	Sec. 10. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
6.25 		Subd. 4.Absentee ballots; preparation; delivery. Ballots necessary to fill 
6.26 	applications of absentee voters shall be prepared and delivered at least ~~30~~ 45 days before 
6.27 	the election to the officials who administer the provisions of chapter 203B.
6.28 	This section applies to school district elections held on the same day as a statewide 
6.29 	election or an election for a county or municipality located partially or wholly within 
6.30 	the school district.

6.31 	Sec. 11. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:
6.32 		Subd. 3.Secretary of state. ~~On or before July 1 of~~ No later than ten weeks before 
6.33 	the state primary in  each even-numbered year, the secretary of state shall prescribe the 
7.1 	form for summary statements of election returns and the methods by which returns for the 
7.2 	state primary and state general election shall be recorded by precinct, county, and state 
7.3 	election officials. Each county auditor and municipal or school district clerk required to 
7.4 	furnish summary statements shall prepare them in the manner prescribed by the secretary 
7.5 	of state. The summary statement of the primary returns shall be in the same form as 
7.6 	the summary statement of the general election returns except that a separate part of the 
7.7 	summary statement shall be provided for the partisan primary ballot and a separate part for 
7.8 	the nonpartisan primary ballot.

7.9 	Sec. 12. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
7.10 		Subdivision 1.State primary. The state primary shall be held on the ~~first~~ second
7.11 	Tuesday ~~after the second Monday~~ in ~~September~~ June  in each even-numbered year to 
7.12 	select the nominees of the major political parties for partisan offices and the nominees for 
7.13 	nonpartisan offices to be filled at the state general election, other than presidential electors.

7.14 	Sec. 13. Minnesota Statutes 2008, section 204D.08, subdivision 4, is amended to read:
7.15 		Subd. 4.State partisan primary ballot; party columns. The state partisan primary 
7.16 	ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be 
7.17 	printed on white paper. There must be at least three vertical columns on the ballot and each 
7.18 	major political party shall have a separate column headed by the words ".......... Party," 
7.19 	giving the party name. Above the party names, the following statement shall be printed.
7.20 	"Minnesota Election Law permits you to vote for the candidates of only one political 
7.21 	party in a state partisan primary election."
7.22 	If there are only two major political parties to be listed on the ballot, one party must 
7.23 	occupy the left-hand column, the other party must occupy the right-hand column, and the 
7.24 	center column must contain the following statement:
7.25 	"Do not vote for candidates of more than one party."
7.26 	The names of the candidates seeking the nomination of each major political party 
7.27 	shall be listed in that party's column. The name of a candidate who has received at least 
7.28 	30 percent of the votes at the appropriate major political party endorsing convention 
7.29 	according to the party rules as specified in section 204B.055, subdivision 2, must be 
7.30 	followed by the term "endorsed." If only one individual files an affidavit of candidacy 
7.31 	seeking the nomination of a major political party for an office, the name of that individual 
7.32 	shall be placed on the state partisan primary ballot at the appropriate location in that 
7.33 	party's column.
8.1 	In each column, the candidates for senator in Congress shall be listed first, candidates 
8.2 	for representative in Congress second, candidates for state senator third, candidates for 
8.3 	state representative fourth and then candidates for state office in the order specified by 
8.4 	the secretary of state.
8.5 	The party columns shall be substantially the same in width, type, and appearance. 
8.6 	The columns shall be separated by a 12-point solid line.

8.7 	Sec. 14. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:
8.8 		Subdivision 1.Establishing primary. A municipal primary for the purpose of 
8.9 	nominating elective officers may be held in any city on the first Tuesday after the second 
8.10 	Monday in September of ~~any~~an odd-numbered year or on the date of the state primary in 
8.11 	an even-numbered year. The municipal primary must be held in the same year in which a 
8.12 	municipal general election is to be held for the purpose of electing officers.

8.13 	Sec. 15. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
8.14 		Subd. 1a.Filing period. In municipalities nominating candidates at a municipal 
8.15 	primary, an affidavit of candidacy for a city office or town office voted on in November 
8.16 	must be filed not more than 70 days nor less than 56 days before ~~the first Tuesday after the~~ 
8.17 	~~second Monday in September preceding~~ the municipal ~~general election~~ primary. In all 
8.18 	other municipalities, an affidavit of candidacy must be filed not more than 70 days and not 
8.19 	less than 56 days before the municipal general election.

8.20 	Sec. 16. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
8.21 		Subd. 2.Date. The school district primary must be held on the first Tuesday after 
8.22 	the second Monday in September of an odd-numbered year or on the date of the state 
8.23 	primary in an even-numbered year. The primary must be held in the year when the school 
8.24 	district general election is held. The clerk shall give notice of the primary in the manner 
8.25 	provided in section 205A.07.  

8.26 	Sec. 17. Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to read:
8.27 		Subd. 1a. Filing period. In school districts that have adopted a resolution to choose 
8.28 	nominees for school board by a primary election, affidavits of candidacy must be filed 
8.29 	with the school district clerk no earlier than the 70th day and no later than the 56th day 
8.30 	before the first Tuesday after the second Monday in September in the year when the school 
8.31 	district general election is held in an odd-numbered year or before the state primary when 
8.32 	the school district general election is held in an even-numbered year. In all other school 
9.1 	districts, affidavits of candidacy must be filed no earlier than the 70th day and no later 
9.2 	than the 56th day before the school district general election. 

9.3 	Sec. 18. Minnesota Statutes 2008, section 206.82, subdivision 2, is amended to read:
9.4 		Subd. 2. Plan.  The municipal clerk in a municipality where an electronic voting 
9.5 	system is used and the county auditor of a county in which an electronic voting system is 
9.6 	used in more than one municipality and the county auditor of a county in which a counting 
9.7 	center serving more than one municipality is located shall prepare a plan which indicates 
9.8 	acquisition of sufficient facilities, computer time, and professional services and which 
9.9 	describes the proposed manner of complying with section 206.80. The plan must be 
9.10 	signed, notarized, and submitted to the secretary of state more than 60 days before the first 
9.11 	election at which the municipality uses an electronic voting system. ~~Prior to July 1 of~~ No 
9.12 	later than ten weeks before the state primary in  each subsequent general election year, the 
9.13 	clerk or auditor shall submit to the secretary of state notification of any changes to the 
9.14 	plan on file with the secretary of state. The secretary of state shall review each plan for its 
9.15 	sufficiency and may request technical assistance from the Department of Administration 
9.16 	or other agency which may be operating as the central computer authority. The secretary 
9.17 	of state shall notify each reporting authority of the sufficiency or insufficiency of its 
9.18 	plan within 20 days of receipt of the plan. The attorney general, upon request of the 
9.19 	secretary of state, may seek a district court order requiring an election official to fulfill 
9.20 	duties imposed by this subdivision or by rules promulgated pursuant to this section. 

9.21 	Sec. 19. Minnesota Statutes 2008, section 211B.045, is amended to read:
9.22 	211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
9.23 	In any municipality, whether or not the municipality has an ordinance that regulates 
9.24 	the size or number of noncommercial signs, all noncommercial signs of any size may be 
9.25 	posted in any number from ~~August 1~~ 45 days before the state primary  in a state general 
9.26 	election year until ten days following the state general election.

9.27 	Sec. 20. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
9.28 		Subd. 4.Candidates; ballots; certifying election. A person who wants to be a 
9.29 	candidate for the hospital board shall file an affidavit of candidacy for the election either 
9.30 	as member at large or as a member representing the city or town where the candidate 
9.31 	resides. The affidavit of candidacy must be filed with the city or town clerk not more than 
9.32 	70 days nor less than 56 days before the ~~first Tuesday after the first Monday in November~~ 
9.33 	~~of the year in which the general election is held~~ state primary. The city or town clerk must 
10.1 	forward the affidavits of candidacy to the clerk of the hospital district or, for the first 
10.2 	election, the clerk of the most populous city or town immediately after the last day of 
10.3 	the filing period. A candidate may withdraw from the election by filing an affidavit of 
10.4 	withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last 
10.5 	day to file affidavits of candidacy.
10.6 	Voting must be by secret ballot. The clerk shall prepare, at the expense of the 
10.7 	district, necessary ballots for the election of officers. Ballots must be printed on tan paper 
10.8 	and prepared as provided in the rules of the secretary of state. The ballots must be marked 
10.9 	and initialed by at least two judges as official ballots and used exclusively at the election. 
10.10 	Any proposition to be voted on may be printed on the ballot provided for the election 
10.11 	of officers. The hospital board may also authorize the use of voting systems subject to 
10.12 	chapter 206. Enough election judges may be appointed to receive the votes at each 
10.13 	polling place. The election judges shall act as clerks of election, count the ballots cast, 
10.14 	and submit them to the board for canvass.
10.15 	After canvassing the election, the board shall issue a certificate of election to the 
10.16 	candidate who received the largest number of votes cast for each office. The clerk shall 
10.17 	deliver the certificate to the person entitled to it in person or by certified mail. Each person 
10.18 	certified shall file an acceptance and oath of office in writing with the clerk within 30 
10.19 	days after the date of delivery or mailing of the certificate. The board may fill any office 
10.20 	as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 
10.21 	qualification is effective if made before the board acts to fill the vacancy.

10.22 	Sec. 21. EFFECTIVE DATE.
 10.23 	This act is effective for the precinct caucuses and the state primary in 2010 and 
10.24 	thereafter.