1.1                          A bill for an act 
  1.2             relating to elections; changing the partisan primary; 
  1.3             amending Minnesota Statutes 1994, sections 204B.13, 
  1.4             subdivision 4; 204C.21, subdivision 3; 204C.32, 
  1.5             subdivision 1; 204D.03, subdivision 1; 204D.08, 
  1.6             subdivision 4; 204D.10; 204D.20, subdivisions 1 and 2; 
  1.7             206.74, subdivision 2; 206.84, subdivision 3; 
  1.8             repealing Minnesota Statutes 1994, sections 204B.13, 
  1.9             subdivision 2; 204D.08, subdivision 5; 204D.13, 
  1.10            subdivision 2; and 206.56, subdivision 11. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 204B.13, 
  1.13  subdivision 4, is amended to read: 
  1.14     Subd. 4.  [~~NONPARTISAN OFFICE;~~ FILLING VACANCY BY 
  1.15  NOMINATING PETITIONS.] A vacancy in nomination ~~in a nonpartisan~~ 
  1.16  ~~office~~ may be filled by nominating petition in the manner 
  1.17  provided in sections 204B.06 to 204B.09.  The petition shall be 
  1.18  filed within one week after the vacancy in nomination occurs, 
  1.19  but not later than four calendar days before the election.  
  1.20     An eligible voter is eligible to sign a nominating petition 
  1.21  to fill a vacancy in nomination without regard to whether that 
  1.22  eligible voter intends to vote or did vote for any candidate for 
  1.23  that office at the primary or signed other nominating petitions 
  1.24  for candidates for that office.  
  1.25     Sec. 2.  Minnesota Statutes 1994, section 204C.21, 
  1.26  subdivision 3, is amended to read: 
  1.27     Subd. 3.  [PRIMARY.] At a primary the election judges shall 
  1.28  first ~~separate the partisan ballots by major political party and~~ 
  2.1   ~~then~~ count the votes for each office on the partisan primary 
  2.2   ballot as provided in subdivision 1.  The nonpartisan primary 
  2.3   ballots shall be counted separately after the partisan primary 
  2.4   ballots have been counted. 
  2.5      Sec. 3.  Minnesota Statutes 1994, section 204C.32, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
  2.8   board shall meet at the county auditor's office at 10:00 a.m. on 
  2.9   or before the third day following the state primary.  After 
  2.10  taking the oath of office, the canvassing board shall publicly 
  2.11  canvass the election returns delivered to the county auditor.  
  2.12  The board shall complete the canvass by the evening of the sixth 
  2.13  day following the election and shall promptly prepare and file 
  2.14  with the county auditor a report that states:  
  2.15     (a) The number of individuals voting at the election in the 
  2.16  county, and in each precinct; 
  2.17     (b) The number of individuals registering to vote on 
  2.18  election day and the number of individuals registered before 
  2.19  election day in each precinct; 
  2.20     (c) For each major political party, the names of the 
  2.21  candidates running for each partisan office and the number of 
  2.22  votes received by each candidate in the county and in each 
  2.23  precinct; 
  2.24     (d) The names of the candidates ~~of each major political~~ 
  2.25  ~~party~~ for partisan office who are nominated; and 
  2.26     (e) The number of votes received by each of the candidates 
  2.27  for nonpartisan office in each precinct in the county and the 
  2.28  names of the candidates nominated for nonpartisan office.  
  2.29     Upon completion of the canvass, the county auditor shall 
  2.30  mail or deliver a notice of nomination to each nominee voted for 
  2.31  only in that county.  The county auditor shall transmit one of 
  2.32  the certified copies of the county canvassing board report for 
  2.33  state and federal offices to the secretary of state by express 
  2.34  mail or similar service immediately upon conclusion of the 
  2.35  county canvass.  
  2.36     Sec. 4.  Minnesota Statutes 1994, section 204D.03, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [STATE PRIMARY.] The state primary shall be 
  3.3   held on the first Tuesday after the second Monday in September 
  3.4   in each even-numbered year to select the nominees ~~of the major~~ 
  3.5   ~~political parties~~ for partisan ~~offices~~ and ~~the nominees for~~ 
  3.6   nonpartisan offices to be filled at the state general election, 
  3.7   other than presidential electors.  
  3.8      Sec. 5.  Minnesota Statutes 1994, section 204D.08, 
  3.9   subdivision 4, is amended to read: 
  3.10     Subd. 4.  [STATE PARTISAN PRIMARY BALLOT~~; PARTY COLUMNS~~.] 
  3.11  The state partisan primary ballot shall be headed by the words 
  3.12  "State Partisan Primary Ballot."  The ballot shall be printed on 
  3.13  white paper.  ~~There must be at least three vertical columns on~~ 
  3.14  ~~the ballot and each major political party shall have a separate~~ 
  3.15  ~~column headed by the words ".......... Party," giving the party~~ 
  3.16  ~~name.  Above the party names, the following statement shall be~~ 
  3.17  ~~printed.~~  
  3.18     ~~"Minnesota election law permits you to vote for the~~ 
  3.19  ~~candidates of only one political party in a state partisan~~ 
  3.20  ~~primary election."~~ 
  3.21     ~~If there are only two major political parties to be listed~~ 
  3.22  ~~on the ballot, one party must occupy the left-hand column, the~~ 
  3.23  ~~other party must occupy the right-hand column, and the center~~ 
  3.24  ~~column must contain the following statement:~~  
  3.25     ~~"Do not vote for candidates of more than one party."~~  
  3.26     ~~The names of the candidates seeking the nomination of each~~ 
  3.27  ~~major political party shall be listed in that party's column.~~  
  3.28  ~~If only one individual files an affidavit of candidacy seeking~~ 
  3.29  ~~the nomination of a major political party for an office, the~~ 
  3.30  ~~name of that individual shall be placed on the state partisan~~ 
  3.31  ~~primary ballot at the appropriate location in that party's~~ 
  3.32  ~~column.~~  
  3.33     ~~In each column,~~ The candidates for senator in Congress 
  3.34  shall be listed first, candidates for representative in Congress 
  3.35  second, candidates for state senator third, candidates for state 
  3.36  representative fourth and then candidates for state office in 
  4.1   the order specified by the secretary of state.  
  4.2      ~~The party columns shall be substantially the same in width,~~ 
  4.3   ~~type, and appearance.  The columns shall be separated by a~~ 
  4.4   ~~12-point solid line.~~ 
  4.5      Sec. 6.  Minnesota Statutes 1994, section 204D.10, is 
  4.6   amended to read: 
  4.7      204D.10 [PRIMARY RESULTS; NOMINEES.] 
  4.8      ~~Subdivision 1.  [PARTISAN OFFICES; NOMINEES.] The candidate~~ 
  4.9   ~~for nomination of a major political party for a partisan office~~ 
  4.10  ~~on the state partisan primary ballot who receives the highest~~ 
  4.11  ~~number of votes shall be the nominee of that political party for~~ 
  4.12  ~~that office, except as otherwise provided in subdivision 2.~~  
  4.13     ~~Subd. 2.  [PARTY PRIMARY; TEN PERCENT REQUIREMENT.] If at~~ 
  4.14  ~~the state primary any individual seeking a major political~~ 
  4.15  ~~party's nomination for an office receives a number of votes~~ 
  4.16  ~~equal to ten percent of the average of the votes cast at the~~ 
  4.17  ~~last state general election for state officers of that major~~ 
  4.18  ~~political party within the district for which the office is~~ 
  4.19  ~~voted, then all candidates of that major political party who~~ 
  4.20  ~~receive the highest vote for an office are the nominees of that~~ 
  4.21  ~~major political party.  If none of the candidates of a major~~ 
  4.22  ~~political party receive the required ten percent, then no~~ 
  4.23  ~~candidates are nominated, and all the candidates of that major~~ 
  4.24  ~~political party may be nominated by nominating petition as~~ 
  4.25  ~~provided in sections 204B.07 to 204B.09.  For the purposes of~~ 
  4.26  ~~this subdivision, "state officers" mean the governor, lieutenant~~ 
  4.27  ~~governor, secretary of state, state auditor, state treasurer,~~ 
  4.28  ~~and attorney general.~~  
  4.29     ~~Subd. 3.  [NONPARTISAN OFFICES; NOMINEES.]~~ The candidates 
  4.30  for each office on the state and county partisan and nonpartisan 
  4.31  primary ~~ballot~~ ballots receiving the highest and the next 
  4.32  highest number of votes shall be the nominees for that office.  
  4.33  When more than one individual is to be elected to the same 
  4.34  nonpartisan office, the number of nominees shall be equal to 
  4.35  twice the number of individuals to be elected, and that number 
  4.36  of candidates receiving the highest number of votes shall be the 
  5.1   nominees for that office.  
  5.2      Sec. 7.  Minnesota Statutes 1994, section 204D.20, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [SPECIAL PRIMARY.] Except as provided in 
  5.5   subdivision 2, the candidates ~~of the major political parties~~ to 
  5.6   fill a vacancy shall be nominated at a special primary.  The 
  5.7   ~~candidate of each party who receives~~ two candidates who receive 
  5.8   the highest number of votes at the special primary shall be 
  5.9   nominated ~~without reference to the ten percent requirement of~~ 
  5.10  ~~section 204D.10, subdivision 2~~.  
  5.11     Sec. 8.  Minnesota Statutes 1994, section 204D.20, 
  5.12  subdivision 2, is amended to read: 
  5.13     Subd. 2.  [NO SPECIAL PRIMARY; WHEN.] No special primary 
  5.14  shall be held to nominate candidates to fill a vacancy if 
  5.15  only ~~one individual from each major political party files~~ two 
  5.16  individuals file as ~~a candidate~~ candidates for ~~that party's~~ 
  5.17  nomination.  In that case, the individuals who have filed are 
  5.18  nominated.  
  5.19     Sec. 9.  Minnesota Statutes 1994, section 206.74, 
  5.20  subdivision 2, is amended to read: 
  5.21     Subd. 2.  [~~CHANGING PARTY CHOICE OR~~ RETRACTING VOTE.] ~~A~~ 
  5.22  ~~voter at a primary who has entered the voting machine booth, set~~ 
  5.23  ~~the primary lever of a major political party to release the~~ 
  5.24  ~~candidates of the party for voting, and turned down levers over~~ 
  5.25  ~~the names of candidates, but has not yet recorded votes for any~~ 
  5.26  ~~candidates, may enter the primary of a different major political~~ 
  5.27  ~~party by so informing the election judges.~~  In a general 
  5.28  election, a voter who has cast a write-in vote may retract it by 
  5.29  informing the judges.  ~~In either case~~ All the judges shall go to 
  5.30  the machine and shall see that ~~all voting levers have been~~ 
  5.31  ~~returned to the unvoted position or that~~ any write-in vote has 
  5.32  been removed, crossed out, or erased, so that no votes may be 
  5.33  cast for any candidates or on any questions.  The voter shall 
  5.34  then be permitted to return the operating lever to its original 
  5.35  position and start from the beginning.  ~~A change from one major~~ 
  5.36  ~~political party to another in a primary or~~ The retraction of a 
  6.1   write-in vote in a general election shall be noted by the 
  6.2   election judges.  ~~In each of these cases~~ All the election judges 
  6.3   shall sign a certificate stating what was done, and the 
  6.4   certificate shall be included with the official returns of the 
  6.5   primary.  
  6.6      Sec. 10.  Minnesota Statutes 1994, section 206.84, 
  6.7   subdivision 3, is amended to read: 
  6.8      Subd. 3.  [BALLOTS.] The ballot information, whether placed 
  6.9   on the ballot card or on the ballot booklet must, as far as 
  6.10  practicable, be in the same order provided for paper ballots, 
  6.11  except that the information may be in vertical or horizontal 
  6.12  rows, or on a number of separate pages.  The secretary of state 
  6.13  shall provide by rule for standard ballot formats for electronic 
  6.14  voting systems.  
  6.15     ~~The pages of a partisan primary ballot booklet must be~~ 
  6.16  ~~different colors for different parties.  The colors available~~ 
  6.17  ~~for partisan primary ballot booklet pages are purple, orange,~~ 
  6.18  ~~and buff.  The chairs of the major political parties shall~~ 
  6.19  ~~choose from among those colors in a random drawing conducted by~~ 
  6.20  ~~the secretary of state.  A color chosen by a party is~~ 
  6.21  ~~permanently assigned to that party.~~ 
  6.22     ~~A partisan primary ballot booklet must be designed to~~ 
  6.23  ~~include a form of party indicator by which the voter may choose~~ 
  6.24  ~~the party in whose primary the voter intends to vote.~~ 
  6.25     ~~All pages of a party's primary ballot must be consecutive,~~ 
  6.26  ~~without the insertion of pages from another party.  Partisan~~ 
  6.27  ~~primary ballot booklets must contain a prominent notice of the~~ 
  6.28  ~~effect of attempting to vote in more than one party's primary.~~  
  6.29  ~~A separate ballot booklet may also be used for each party in a~~ 
  6.30  ~~partisan primary.~~  
  6.31     Ballots for all questions must be provided in the same 
  6.32  manner.  Where ballot booklets are placed in a marking device, 
  6.33  they shall be arranged on or in the marking device in the places 
  6.34  provided.  Ballot cards may contain special printed marks and 
  6.35  holes as required for proper positioning and reading of the 
  6.36  ballots by electronic vote counting equipment.  Ballot cards 
  7.1   must contain an identification of the precinct for which they 
  7.2   have been prepared which can be read visually and which can be 
  7.3   tabulated by the automatic tabulating equipment. 
  7.4      Sec. 11.  [REPEALER.] 
  7.5      Minnesota Statutes 1994, sections 204B.13, subdivision 2; 
  7.6   204D.08, subdivision 5; 204D.13, subdivision 2; 206.56, 
  7.7   subdivision 11, are repealed.