1.1 	A bill for an act
1.2 	relating to elections; changing certain procedures and requirements related to 
1.3 	vacancies in nomination;amending Minnesota Statutes 2010, section 204B.13, 
1.4 	subdivisions 1, 2, by adding subdivisions; repealing Minnesota Statutes 2010, 
1.5 	sections 204B.41; 204D.169.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2010, section 204B.13, subdivision 1, is amended to read:
1.8 		Subdivision 1.Death or withdrawal. A vacancy in nomination may be filled in the 
1.9 	manner provided by this section. A vacancy in nomination exists when:
1.10 	~~(a)~~ (1) a major political party candidate ~~or nonpartisan candidate who was nominated~~ 
1.11 	~~at a primary~~ whose name is to appear on the general election ballot dies ~~or files an~~ 
1.12 	~~affidavit of withdrawal as provided in section 204B.12, subdivision 2a~~ after the date 
1.13 	of the state primary; ~~or~~
1.14 	~~(b)~~ (2) a candidate for a nonpartisan office, for which one or two candidates filed, 
1.15 	dies or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1~~.~~; or
1.16 	(3) a major political party candidate for constitutional office whose name is to 
1.17 	appear on the general election ballot or the candidate's legal guardian files an affidavit of 
1.18 	vacancy at least one day prior to the general election with the same official who received 
1.19 	the affidavit of candidacy that states that:
1.20 	(i) the candidate has a catastrophic illness that was diagnosed after the deadline for 
1.21 	withdrawal, as provided in section 204B.12, subdivision 1; and
1.22 	(ii) the candidate's illness will permanently and continuously incapacitate the 
1.23 	candidate and prevent the candidate from performing the duties of the office sought.
1.24 	The affidavit must be accompanied by a certificate verifying that the candidate's 
1.25 	illness meets the requirements of this clause, signed by at least two licensed physicians.

2.1 	Sec. 2. Minnesota Statutes 2010, section 204B.13, subdivision 2, is amended to read:
2.2 		Subd. 2.Partisan office~~; nomination by party~~. (a) A vacancy in nomination for 
2.3 	partisan office shall ~~be filled as provided in this subdivision~~ effectively remove that office 
2.4 	from the ballot. Votes cast at the general election for that office are invalid and the office 
2.5 	must be filled in a special election held in accordance with section 204D.17, except as 
2.6 	provided by this section. Except for the vacancy in nomination, all other candidates whose 
2.7 	names would have appeared on the general election ballot for this race must appear on 
2.8 	the special election ballot for this race. There must not be a primary to fill the vacancy 
2.9 	in nomination. A major political party has the authority to fill a vacancy in nomination 
2.10 	of that party's candidate by filing ~~a~~ one nomination certificate with the same official who 
2.11 	received the affidavits of candidacy for that office.
2.12 	(b) A major political party may provide in its governing rules a procedure, including 
2.13 	designation of an appropriate committee, to fill ~~vacancies~~ a vacancy in nomination for 
2.14 	~~all offices elected statewide~~ any federal or state office. The nomination certificate shall be 
2.15 	prepared under the direction of and executed by the chair and secretary of the political 
2.16 	party and filed within ~~seven~~ 14 days after the vacancy in nomination occurs ~~or before the~~ 
2.17 	~~14th day before the general election, whichever is sooner. If the vacancy in nomination~~ 
2.18 	~~occurs through the candidate's death or catastrophic illness, the nomination certificate~~ 
2.19 	~~must be filed within seven days after the vacancy in nomination occurs but no later~~ 
2.20 	~~than four days before~~ but no later than seven days after the general election. The chair 
2.21 	and secretary when filing the certificate shall attach an affidavit stating that the newly 
2.22 	nominated candidate has been selected under the rules of the party and that the individuals 
2.23 	signing the certificate and making the affidavit are the chair and secretary of the party.

2.24 	Sec. 3. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision 
2.25 	to read:
2.26 		Subd. 7.Date of special election. The special election must be held on the second 
2.27 	Tuesday in January.

2.28 	Sec. 4. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision 
2.29 	to read:
2.30 		Subd. 8.Absentee voters. The county auditor shall transmit an absentee ballot for 
2.31 	the special election under this section to each applicant for an absentee ballot whose 
2.32 	application for an absentee ballot for the preceding general election was recorded under 
2.33 	section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general 
2.34 	election, the county auditor shall mail the ballot no earlier than the date of the general 
3.1 	election and no later than five days after the general election. If the vacancy in nomination 
3.2 	is filled after the general election, the county auditor must mail the ballot no later than five 
3.3 	days after the vacancy in nomination is filled.

3.4 	Sec. 5.  REPEALER.
 3.5 	Minnesota Statutes 2010, sections 204B.41; and 204D.169, are repealed.