Bill Text: MN HF1123 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Primary ballot process amended for constitutional officers, date of state primary changed from August to June, data of primary elections conducted by a political subdivision changed in certain circumstances, and "endorsed" description allowed on general election ballot.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-04 - Introduction and first reading, referred to Elections [HF1123 Detail]
Download: Minnesota-2013-HF1123-Introduced.html
1.2relating to elections; amending process to be placed on primary ballots for
1.3constitutional officers; changing the date of the state primary from August to
1.4June; changing the data of primary elections conducted by a political subdivision
1.5in certain circumstances; allowing for the description "endorsed" on general
1.6election ballots;amending Minnesota Statutes 2012, sections 204B.03; 204B.06,
1.7subdivision 2; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.27,
1.8subdivision 2; 204B.36, subdivision 2; 204D.03, subdivision 1; 204D.07,
1.9subdivision 2; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065,
1.10subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11,
1.11subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 204B.03, is amended to read:
1.14204B.03 MANNER OF NOMINATION.
1.15(a) Candidates of a major political party for any partisan office except presidential
1.16elector, United States senator, governor, lieutenant governor, secretary of state, state
1.17auditor, and attorney general, and all candidates for nonpartisan office shall apply for a place
1.18on the primary ballot by filing an affidavit of candidacy as provided in section204B.06 ,
1.19and except as otherwise provided in section204D.07, subdivision 3 , shall be nominated
1.20by primary. Except as provided by paragraph (b), candidates for any partisan office who
1.21do not seek the nomination of a major political party shall be nominated by nominating
1.22petition as provided in sections204B.07 and
204B.08 , and, except for presidential elector
1.23candidates, shall file an affidavit of candidacy as provided in section204B.06 .
1.24(b) Candidates for United States senator, governor, lieutenant governor, secretary of
1.25state, state auditor, and attorney general shall apply for a place on the primary ballot by
1.26filing an affidavit of candidacy as provided in section 204B.06 or by filing a nominating
1.27petition as provided in sections 204B.07 and 204B.08.
2.1 Sec. 2. Minnesota Statutes 2012, section 204B.06, subdivision 2, is amended to read:
2.2 Subd. 2. Major party candidates. (a) Except as provided in paragraph (b), a
2.3candidate who seeks the nomination of a major political party for a partisan office shall
2.4state on the affidavit of candidacy that the candidate either participated in that party's
2.5most recent precinct caucus or intends to vote for a majority of that party's candidates at
2.6the next ensuing general election.
2.7(b) A candidate who seeks the nomination of a major political party for United States
2.8senator, governor, lieutenant governor, secretary of state, state auditor, or attorney general
2.9shall state on the affidavit of candidacy that the candidate received 20 percent delegate
2.10support on any ballot at a state party convention. A candidate shall not be placed on the
2.11primary or general election ballot if the candidate does not include this statement or if
2.12the secretary of state concludes that the candidate did not receive 20 percent of delegate
2.13support on any ballot at a state party convention.
2.14 Sec. 3. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
2.15 Subd. 2. Separate precincts; combined polling place. (a) The following shall
2.16constitute at least one election precinct:
2.17(1) each city ward; and
2.18(2) each town and each statutory city.
2.19(b) A single, accessible, combined polling place may be established no later than
2.20May March 1 of any year:
2.21(1) for any city of the third or fourth class, any town, or any city having territory in
2.22more than one county, in which all the voters of the city or town shall cast their ballots;
2.23(2) for contiguous precincts in the same municipality;
2.24(3) for up to four contiguous municipalities located entirely outside the metropolitan
2.25area, as defined by section200.02, subdivision 24 , that are contained in the same county; or
2.26(4) for noncontiguous precincts located in one or more counties.
2.27A copy of the ordinance or resolution establishing a combined polling place must
2.28be filed with the county auditor within 30 days after approval by the governing body. A
2.29polling place combined under clause (3) must be approved by the governing body of each
2.30participating municipality. A polling place combined under clause (4) must be approved
2.31by the governing body of each participating municipality and the secretary of state and
2.32may be located outside any of the noncontiguous precincts. A municipality withdrawing
2.33from participation in a combined polling place must do so by filing a resolution of
2.34withdrawal with the county auditor no later thanApril February 1 of any year.
3.1The secretary of state shall provide a separate polling place roster for each precinct
3.2served by the combined polling place. A single set of election judges may be appointed
3.3to serve at a combined polling place. The number of election judges required must be
3.4based on the total number of persons voting at the last similar election in all precincts to
3.5be voting at the combined polling place. Separate ballot boxes must be provided for the
3.6ballots from each precinct. The results of the election must be reported separately for each
3.7precinct served by the combined polling place, except in a polling place established under
3.8clause (2) where one of the precincts has fewer than ten registered voters, in which case the
3.9results of that precinct must be reported in the manner specified by the secretary of state.
3.10 Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:
3.11 Subd. 4. Boundary change procedure. Any change in the boundary of an election
3.12precinct must be adopted at least ten weeks before the date of the next election and, for the
3.13state primary and general election, no later thanJune April 1 in the year of the state general
3.14election. The precinct boundary change shall not take effect until notice of the change has
3.15been posted in the office of the municipal clerk or county auditor for at least 56 days.
3.16The county auditor must publish a notice illustrating or describing the congressional,
3.17legislative, and county commissioner district boundaries in the county in one or more
3.18qualified newspapers in the county at least 14 days before the first day to file affidavits of
3.19candidacy for the state general election in the year ending in two.
3.20Alternate dates for adopting changes in precinct boundaries, posting notices
3.21of boundary changes, and notifying voters affected by boundary changes pursuant
3.22to this subdivision, and procedures for coordinating precinct boundary changes with
3.23reestablishing local government election district boundaries may be established in the
3.24manner provided in the rules of the secretary of state.
3.25 Sec. 5. Minnesota Statutes 2012, section 204B.21, subdivision 1, is amended to read:
3.26 Subdivision 1. Appointment lists; duties of political parties and secretary of
3.27state. OnMay March 1 in a year in which there is an election for a partisan political
3.28office, each major political party shall prepare a list of eligible voters to act as election
3.29judges in each election precinct. The political parties shall furnish the lists electronically
3.30to the secretary of state, in a format specified by the secretary of state. The secretary of
3.31state must combine the data received from each political party under this subdivision
3.32and must process the data to locate the precinct in which the address provided for each
3.33potential election judge is located. If the data submitted by a political party is insufficient
3.34for the secretary of state to locate the proper precinct, the associated name must not appear
4.1in any list forwarded to an appointing authority under this subdivision. The secretary of
4.2state shall notify political parties of any proposed election judges with addresses that
4.3could not be located in a precinct.
4.4 ByMay March 15, the secretary of state shall furnish electronically to the county
4.5auditor a list of the appropriate names for each election precinct in the jurisdiction of
4.6the appointing authority, noting the political party affiliation of each individual on the
4.7list. The county auditor must promptly forward the appropriate names to the appropriate
4.8municipal clerk.
4.9 Sec. 6. Minnesota Statutes 2012, section 204B.27, subdivision 2, is amended to read:
4.10 Subd. 2. Election law and instructions. The secretary of state shall prepare and
4.11publish a volume containing all state general laws relating to elections. The attorney
4.12general shall provide annotations to the secretary of state for this volume. On or before
4.13August June 1 of every odd-numbered year the secretary of state shall furnish to the
4.14county auditors and municipal clerks enough copies of this volume so that each county
4.15auditor and municipal clerk will have at least one copy. On or beforeJuly May 1 of
4.16every even-numbered year, the secretary of state shall prepare and make an electronic
4.17copy available on the office's Web site. The secretary of state may prepare and transmit
4.18to the county auditors and municipal clerks detailed written instructions for complying
4.19with election laws relating to the conduct of elections, conduct of voter registration and
4.20voting procedures.
4.21 Sec. 7. Minnesota Statutes 2012, section 204B.36, subdivision 2, is amended to read:
4.22 Subd. 2. Candidates and offices. (a) The name of each candidate shall be printed at
4.23a right angle to the length of the ballot. At a general election the name of the political
4.24party or the political principle of each candidate for partisan office shall be printed above
4.25or below the name of the candidate. The name of a political party or a political principle
4.26shall be printed in capital and lowercase letters of the same type, with the capital letters
4.27at least one-half the height of the capital letters used for names of the candidates. At a
4.28general election, blank lines containing the words "write-in, if any" shall be printed below
4.29the name of the last candidate for each office, or below the title of the office if no candidate
4.30has filed for that office, so that a voter may write in the names of individuals whose names
4.31are not on the ballot. One blank line shall be printed for each officer of that kind to be
4.32elected. At a primary election, no blank lines shall be provided for writing in the names of
4.33individuals whose names do not appear on the primary ballot.
5.1(b) At an election for a partisan office, a candidate may request that the word
5.2"endorsed" be placed on the ballot near the candidate's name if the candidate was endorsed
5.3by the candidate's party. The request shall be made to the secretary of state on a form
5.4prescribed by the secretary of state. The secretary of state shall verify that the candidate
5.5is endorsed by the stated political party before the word is printed on any ballot. At a
5.6primary election, the word "endorsed" shall be printed next to or below the name of the
5.7candidate if the candidate was endorsed by the candidate's party prior to the primary
5.8election. It shall be printed in capital and lowercase letters of the same type, with capital
5.9letters at least one-half the height of the capital letters used for names of the candidate.
5.10At a general election, the word "endorsed" shall be printed next to or below the name of
5.11the political party or political principle if the candidate was endorsed either before the
5.12primary election and won the primary election or was endorsed after the primary election
5.13and before the general election. It shall be in the same type and size as the type for the
5.14name of the political party or political principle.
5.15(c) On the left side of the ballot at the same level with the name of each candidate and
5.16each blank line shall be printed a square in which the voter may designate a vote by a mark
5.17(X). Each square shall be the same size. Above the first name on each ballot shall be printed
5.18the words, "Put an (X) in the square opposite the name of each candidate you wish to vote
5.19for." At the same level with these words and directly above the squares shall be printed a
5.20small arrow pointing downward. Directly underneath the official title of each office shall be
5.21printed the words "Vote for one" or "Vote for up to ..." (any greater number to be elected).
5.22 Sec. 8. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
5.23 Subdivision 1. State primary. The state primary shall be held on thesecond first
5.24Tuesday after the third Monday inAugust June in each even-numbered year to select
5.25the nominees of the major political parties for partisan offices and the nominees for
5.26nonpartisan offices to be filled at the state general election, other than presidential electors.
5.27 Sec. 9. Minnesota Statutes 2012, section 204D.07, subdivision 2, is amended to read:
5.28 Subd. 2.Exception; Petition candidates. The name of a candidate for United
5.29States senator, governor, lieutenant governor, secretary of state, state auditor, or attorney
5.30general nominated by petition shall be placed on the primary ballot. All other candidates
5.31nominated by petition shall not be placed on any state primary ballot.
5.32 Sec. 10. Minnesota Statutes 2012, section 204D.09, subdivision 1, is amended to read:
6.1 Subdivision 1. Example ballot. (a) No later thanMay March 1 of each year, the
6.2secretary of state shall supply each auditor with a copy of an example ballot. The example
6.3ballot must illustrate the format required for the ballots used in the primary and general
6.4elections that year.
6.5(b) The county auditor shall distribute copies of the example ballot to municipal and
6.6school district clerks in municipalities and school districts holding elections that year. The
6.7official ballot must conform in all respects to the example ballot.
6.8 Sec. 11. Minnesota Statutes 2012, section 204D.28, subdivision 5, is amended to read:
6.9 Subd. 5. Regular state primary. "Regular state primary" means:
6.10(a) the state primary at which candidates are nominated for offices elected at the
6.11state general election; or
6.12(b) a primary held on thesecond first Tuesday after the third Monday in August June
6.13of odd-numbered years.
6.14 Sec. 12. Minnesota Statutes 2012, section 205.065, subdivision 1, is amended to read:
6.15 Subdivision 1. Establishing primary. A municipal primary for the purpose of
6.16nominating elective officers may be held in any city on thesecond first Tuesday after the
6.17third Monday inAugust June of any year in which a municipal general election is to
6.18be held for the purpose of electing officers. The date of a municipal primary held in
6.19an odd-numbered year may be postponed for inclement weather as provided in section
6.20205.105
.
6.21 Sec. 13. Minnesota Statutes 2012, section 205.065, subdivision 2, is amended to read:
6.22 Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
6.23or resolution adopted byApril January 15 in the year when a municipal general election
6.24is held, elect to choose nominees for municipal offices by a primary as provided in this
6.25section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
6.26elections until it is revoked. The municipal clerk shall notify the secretary of state and the
6.27county auditor within 30 days after the adoption of the resolution or ordinance.
6.28 Sec. 14. Minnesota Statutes 2012, section 205A.03, subdivision 1, is amended to read:
6.29 Subdivision 1. Resolution requiring primary in certain circumstances. The
6.30school board of a school district may, by resolution adopted byApril January 15 of any
6.31year, decide to choose nominees for school board by a primary as provided in this section.
6.32The resolution, when adopted, is effective for all ensuing elections of board members in
7.1that school district until it is revoked. If the board decides to choose nominees by primary
7.2and if there are more than two candidates for a specified school board position or more
7.3than twice as many school board candidates as there are at-large school board positions
7.4available, the school district must hold a primary.
7.5 Sec. 15. Minnesota Statutes 2012, section 205A.03, subdivision 2, is amended to read:
7.6 Subd. 2. Date. The school district primary must be held on thesecond first Tuesday
7.7 after the third Monday inAugust June in the year when the school district general election
7.8is held. The clerk shall give notice of the primary in the manner provided in section
7.9205A.07
. The date of a school district primary held in an odd-numbered year may be
7.10postponed for inclement weather as provided in section205A.055 .
7.11 Sec. 16. Minnesota Statutes 2012, section 205A.06, subdivision 1a, is amended to read:
7.12 Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
7.13nominees for school board by a primary election, affidavits of candidacy must be filed
7.14with the school district clerk no earlier than the 84th day and no later than the 70th day
7.15before thesecond first Tuesday after the third Monday in August June in the year when the
7.16school district general election is held. In all other school districts, affidavits of candidacy
7.17must be filed no earlier than the 98th day and no later than the 84th day before the school
7.18district general election.
7.19 Sec. 17. Minnesota Statutes 2012, section 205A.11, subdivision 2a, is amended to read:
7.20 Subd. 2a. Notice of special elections. The school district clerk shall prepare a
7.21notice to the voters who will be voting in a combined polling place for a school district
7.22special election. The notice must include the following information: the date of the
7.23election, the hours of voting, and the location of the voter's polling place. The notice must
7.24be sent by nonforwardable mail to every affected household in the school district with
7.25at least one registered voter. The notice must be mailed no later than 14 days before
7.26the election. The mailed notice is not required for a school district special election that
7.27is held on thesecond first Tuesday after the third Monday in August June, the Tuesday
7.28following the first Monday in November, or for a special election conducted entirely by
7.29mail. In addition, the mailed notice is not required for voters residing in a township if
7.30the school district special election is held on the second Tuesday in March and the town
7.31general election is held on that day. A notice that is returned as undeliverable must be
7.32forwarded immediately to the county auditor.
8.1 Sec. 18. Minnesota Statutes 2012, section 206.61, subdivision 5, is amended to read:
8.2 Subd. 5. Alternation. The provisions of the election laws requiring the alternation
8.3of names of candidates must be observed as far as practicable by changing the order of the
8.4names on an electronic voting system in the various precincts so that each name appears
8.5on the machines or marking devices used in a municipality substantially an equal number
8.6of times in the first, last, and in each intermediate place in the list or group in which
8.7they belong. However, the arrangement of candidates' names must be the same on all
8.8voting systems used in the same precinct. If the number of names to be alternated exceeds
8.9the number of precincts, the election official responsible for providing the ballots, in
8.10accordance with subdivision 1, shall determine by lot the alternation of names.
8.11If an electronic ballot marker is used with a paper ballot that is not an optical scan
8.12ballot card, the manner of alternation of candidate names on the paper ballot must be as
8.13prescribed for optical scan ballots in this subdivision.
8.14The rules adopted by the secretary of state for the rotation of candidate names must
8.15use the number of registered voters in each precinct as of 8:00 a.m. onMay March 1 of
8.16the year when the rotation will be made as the basis for determining the rotation of names.
8.17 Sec. 19. Minnesota Statutes 2012, section 206.82, subdivision 2, is amended to read:
8.18 Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
8.19system is used and the county auditor of a county in which an electronic voting system
8.20is used in more than one municipality and the county auditor of a county in which a
8.21counting center serving more than one municipality is located shall prepare a plan which
8.22indicates acquisition of sufficient facilities, computer time, and professional services
8.23and which describes the proposed manner of complying with section206.80 . The plan
8.24must be signed, notarized, and submitted to the secretary of state more than 60 days
8.25before the first election at which the municipality uses an electronic voting system. Before
8.26May March 1 of each subsequent general election year, the clerk or auditor shall submit
8.27to the secretary of state notification of any changes to the plan on file with the secretary
8.28of state. The secretary of state shall review each plan for its sufficiency and may request
8.29technical assistance from the Office of Enterprise Technology or other agency which may
8.30be operating as the central computer authority. The secretary of state shall notify each
8.31reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
8.32of the plan. The attorney general, upon request of the secretary of state, may seek a district
8.33court order requiring an election official to fulfill duties imposed by this subdivision or by
8.34rules promulgated pursuant to this section.
9.1 Sec. 20. EFFECTIVE DATE.
9.2Sections 1 to 19 are effective January 1, 2014, and apply to elections conducted
9.3on or after that date.
1.3constitutional officers; changing the date of the state primary from August to
1.4June; changing the data of primary elections conducted by a political subdivision
1.5in certain circumstances; allowing for the description "endorsed" on general
1.6election ballots;amending Minnesota Statutes 2012, sections 204B.03; 204B.06,
1.7subdivision 2; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.27,
1.8subdivision 2; 204B.36, subdivision 2; 204D.03, subdivision 1; 204D.07,
1.9subdivision 2; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065,
1.10subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11,
1.11subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 204B.03, is amended to read:
1.14204B.03 MANNER OF NOMINATION.
1.15(a) Candidates of a major political party for any partisan office except presidential
1.16elector, United States senator, governor, lieutenant governor, secretary of state, state
1.17auditor, and attorney general, and all candidates for nonpartisan office shall apply for a place
1.18on the primary ballot by filing an affidavit of candidacy as provided in section
1.19and except as otherwise provided in section
1.20by primary. Except as provided by paragraph (b), candidates for any partisan office who
1.21do not seek the nomination of a major political party shall be nominated by nominating
1.22petition as provided in sections
1.23candidates, shall file an affidavit of candidacy as provided in section
1.24(b) Candidates for United States senator, governor, lieutenant governor, secretary of
1.25state, state auditor, and attorney general shall apply for a place on the primary ballot by
1.26filing an affidavit of candidacy as provided in section 204B.06 or by filing a nominating
1.27petition as provided in sections 204B.07 and 204B.08.
2.1 Sec. 2. Minnesota Statutes 2012, section 204B.06, subdivision 2, is amended to read:
2.2 Subd. 2. Major party candidates. (a) Except as provided in paragraph (b), a
2.3candidate who seeks the nomination of a major political party for a partisan office shall
2.4state on the affidavit of candidacy that the candidate either participated in that party's
2.5most recent precinct caucus or intends to vote for a majority of that party's candidates at
2.6the next ensuing general election.
2.7(b) A candidate who seeks the nomination of a major political party for United States
2.8senator, governor, lieutenant governor, secretary of state, state auditor, or attorney general
2.9shall state on the affidavit of candidacy that the candidate received 20 percent delegate
2.10support on any ballot at a state party convention. A candidate shall not be placed on the
2.11primary or general election ballot if the candidate does not include this statement or if
2.12the secretary of state concludes that the candidate did not receive 20 percent of delegate
2.13support on any ballot at a state party convention.
2.14 Sec. 3. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
2.15 Subd. 2. Separate precincts; combined polling place. (a) The following shall
2.16constitute at least one election precinct:
2.17(1) each city ward; and
2.18(2) each town and each statutory city.
2.19(b) A single, accessible, combined polling place may be established no later than
2.20
2.21(1) for any city of the third or fourth class, any town, or any city having territory in
2.22more than one county, in which all the voters of the city or town shall cast their ballots;
2.23(2) for contiguous precincts in the same municipality;
2.24(3) for up to four contiguous municipalities located entirely outside the metropolitan
2.25area, as defined by section
2.26(4) for noncontiguous precincts located in one or more counties.
2.27A copy of the ordinance or resolution establishing a combined polling place must
2.28be filed with the county auditor within 30 days after approval by the governing body. A
2.29polling place combined under clause (3) must be approved by the governing body of each
2.30participating municipality. A polling place combined under clause (4) must be approved
2.31by the governing body of each participating municipality and the secretary of state and
2.32may be located outside any of the noncontiguous precincts. A municipality withdrawing
2.33from participation in a combined polling place must do so by filing a resolution of
2.34withdrawal with the county auditor no later than
3.1The secretary of state shall provide a separate polling place roster for each precinct
3.2served by the combined polling place. A single set of election judges may be appointed
3.3to serve at a combined polling place. The number of election judges required must be
3.4based on the total number of persons voting at the last similar election in all precincts to
3.5be voting at the combined polling place. Separate ballot boxes must be provided for the
3.6ballots from each precinct. The results of the election must be reported separately for each
3.7precinct served by the combined polling place, except in a polling place established under
3.8clause (2) where one of the precincts has fewer than ten registered voters, in which case the
3.9results of that precinct must be reported in the manner specified by the secretary of state.
3.10 Sec. 4. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:
3.11 Subd. 4. Boundary change procedure. Any change in the boundary of an election
3.12precinct must be adopted at least ten weeks before the date of the next election and, for the
3.13state primary and general election, no later than
3.14election. The precinct boundary change shall not take effect until notice of the change has
3.15been posted in the office of the municipal clerk or county auditor for at least 56 days.
3.16The county auditor must publish a notice illustrating or describing the congressional,
3.17legislative, and county commissioner district boundaries in the county in one or more
3.18qualified newspapers in the county at least 14 days before the first day to file affidavits of
3.19candidacy for the state general election in the year ending in two.
3.20Alternate dates for adopting changes in precinct boundaries, posting notices
3.21of boundary changes, and notifying voters affected by boundary changes pursuant
3.22to this subdivision, and procedures for coordinating precinct boundary changes with
3.23reestablishing local government election district boundaries may be established in the
3.24manner provided in the rules of the secretary of state.
3.25 Sec. 5. Minnesota Statutes 2012, section 204B.21, subdivision 1, is amended to read:
3.26 Subdivision 1. Appointment lists; duties of political parties and secretary of
3.27state. On
3.28office, each major political party shall prepare a list of eligible voters to act as election
3.29judges in each election precinct. The political parties shall furnish the lists electronically
3.30to the secretary of state, in a format specified by the secretary of state. The secretary of
3.31state must combine the data received from each political party under this subdivision
3.32and must process the data to locate the precinct in which the address provided for each
3.33potential election judge is located. If the data submitted by a political party is insufficient
3.34for the secretary of state to locate the proper precinct, the associated name must not appear
4.1in any list forwarded to an appointing authority under this subdivision. The secretary of
4.2state shall notify political parties of any proposed election judges with addresses that
4.3could not be located in a precinct.
4.4 By
4.5auditor a list of the appropriate names for each election precinct in the jurisdiction of
4.6the appointing authority, noting the political party affiliation of each individual on the
4.7list. The county auditor must promptly forward the appropriate names to the appropriate
4.8municipal clerk.
4.9 Sec. 6. Minnesota Statutes 2012, section 204B.27, subdivision 2, is amended to read:
4.10 Subd. 2. Election law and instructions. The secretary of state shall prepare and
4.11publish a volume containing all state general laws relating to elections. The attorney
4.12general shall provide annotations to the secretary of state for this volume. On or before
4.13
4.14county auditors and municipal clerks enough copies of this volume so that each county
4.15auditor and municipal clerk will have at least one copy. On or before
4.16every even-numbered year, the secretary of state shall prepare and make an electronic
4.17copy available on the office's Web site. The secretary of state may prepare and transmit
4.18to the county auditors and municipal clerks detailed written instructions for complying
4.19with election laws relating to the conduct of elections, conduct of voter registration and
4.20voting procedures.
4.21 Sec. 7. Minnesota Statutes 2012, section 204B.36, subdivision 2, is amended to read:
4.22 Subd. 2. Candidates and offices. (a) The name of each candidate shall be printed at
4.23a right angle to the length of the ballot. At a general election the name of the political
4.24party or the political principle of each candidate for partisan office shall be printed above
4.25or below the name of the candidate. The name of a political party or a political principle
4.26shall be printed in capital and lowercase letters of the same type, with the capital letters
4.27at least one-half the height of the capital letters used for names of the candidates. At a
4.28general election, blank lines containing the words "write-in, if any" shall be printed below
4.29the name of the last candidate for each office, or below the title of the office if no candidate
4.30has filed for that office, so that a voter may write in the names of individuals whose names
4.31are not on the ballot. One blank line shall be printed for each officer of that kind to be
4.32elected. At a primary election, no blank lines shall be provided for writing in the names of
4.33individuals whose names do not appear on the primary ballot.
5.1(b) At an election for a partisan office, a candidate may request that the word
5.2"endorsed" be placed on the ballot near the candidate's name if the candidate was endorsed
5.3by the candidate's party. The request shall be made to the secretary of state on a form
5.4prescribed by the secretary of state. The secretary of state shall verify that the candidate
5.5is endorsed by the stated political party before the word is printed on any ballot. At a
5.6primary election, the word "endorsed" shall be printed next to or below the name of the
5.7candidate if the candidate was endorsed by the candidate's party prior to the primary
5.8election. It shall be printed in capital and lowercase letters of the same type, with capital
5.9letters at least one-half the height of the capital letters used for names of the candidate.
5.10At a general election, the word "endorsed" shall be printed next to or below the name of
5.11the political party or political principle if the candidate was endorsed either before the
5.12primary election and won the primary election or was endorsed after the primary election
5.13and before the general election. It shall be in the same type and size as the type for the
5.14name of the political party or political principle.
5.15(c) On the left side of the ballot at the same level with the name of each candidate and
5.16each blank line shall be printed a square in which the voter may designate a vote by a mark
5.17(X). Each square shall be the same size. Above the first name on each ballot shall be printed
5.18the words, "Put an (X) in the square opposite the name of each candidate you wish to vote
5.19for." At the same level with these words and directly above the squares shall be printed a
5.20small arrow pointing downward. Directly underneath the official title of each office shall be
5.21printed the words "Vote for one" or "Vote for up to ..." (any greater number to be elected).
5.22 Sec. 8. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
5.23 Subdivision 1. State primary. The state primary shall be held on the
5.24Tuesday after the third Monday in
5.25the nominees of the major political parties for partisan offices and the nominees for
5.26nonpartisan offices to be filled at the state general election, other than presidential electors.
5.27 Sec. 9. Minnesota Statutes 2012, section 204D.07, subdivision 2, is amended to read:
5.28 Subd. 2.
5.29States senator, governor, lieutenant governor, secretary of state, state auditor, or attorney
5.30general nominated by petition shall be placed on the primary ballot. All other candidates
5.31nominated by petition shall not be placed on any state primary ballot.
5.32 Sec. 10. Minnesota Statutes 2012, section 204D.09, subdivision 1, is amended to read:
6.1 Subdivision 1. Example ballot. (a) No later than
6.2secretary of state shall supply each auditor with a copy of an example ballot. The example
6.3ballot must illustrate the format required for the ballots used in the primary and general
6.4elections that year.
6.5(b) The county auditor shall distribute copies of the example ballot to municipal and
6.6school district clerks in municipalities and school districts holding elections that year. The
6.7official ballot must conform in all respects to the example ballot.
6.8 Sec. 11. Minnesota Statutes 2012, section 204D.28, subdivision 5, is amended to read:
6.9 Subd. 5. Regular state primary. "Regular state primary" means:
6.10(a) the state primary at which candidates are nominated for offices elected at the
6.11state general election; or
6.12(b) a primary held on the
6.13of odd-numbered years.
6.14 Sec. 12. Minnesota Statutes 2012, section 205.065, subdivision 1, is amended to read:
6.15 Subdivision 1. Establishing primary. A municipal primary for the purpose of
6.16nominating elective officers may be held in any city on the
6.17third Monday in
6.18be held for the purpose of electing officers. The date of a municipal primary held in
6.19an odd-numbered year may be postponed for inclement weather as provided in section
6.21 Sec. 13. Minnesota Statutes 2012, section 205.065, subdivision 2, is amended to read:
6.22 Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
6.23or resolution adopted by
6.24is held, elect to choose nominees for municipal offices by a primary as provided in this
6.25section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
6.26elections until it is revoked. The municipal clerk shall notify the secretary of state and the
6.27county auditor within 30 days after the adoption of the resolution or ordinance.
6.28 Sec. 14. Minnesota Statutes 2012, section 205A.03, subdivision 1, is amended to read:
6.29 Subdivision 1. Resolution requiring primary in certain circumstances. The
6.30school board of a school district may, by resolution adopted by
6.31year, decide to choose nominees for school board by a primary as provided in this section.
6.32The resolution, when adopted, is effective for all ensuing elections of board members in
7.1that school district until it is revoked. If the board decides to choose nominees by primary
7.2and if there are more than two candidates for a specified school board position or more
7.3than twice as many school board candidates as there are at-large school board positions
7.4available, the school district must hold a primary.
7.5 Sec. 15. Minnesota Statutes 2012, section 205A.03, subdivision 2, is amended to read:
7.6 Subd. 2. Date. The school district primary must be held on the
7.7 after the third Monday in
7.8is held. The clerk shall give notice of the primary in the manner provided in section
7.10postponed for inclement weather as provided in section
7.11 Sec. 16. Minnesota Statutes 2012, section 205A.06, subdivision 1a, is amended to read:
7.12 Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
7.13nominees for school board by a primary election, affidavits of candidacy must be filed
7.14with the school district clerk no earlier than the 84th day and no later than the 70th day
7.15before the
7.16school district general election is held. In all other school districts, affidavits of candidacy
7.17must be filed no earlier than the 98th day and no later than the 84th day before the school
7.18district general election.
7.19 Sec. 17. Minnesota Statutes 2012, section 205A.11, subdivision 2a, is amended to read:
7.20 Subd. 2a. Notice of special elections. The school district clerk shall prepare a
7.21notice to the voters who will be voting in a combined polling place for a school district
7.22special election. The notice must include the following information: the date of the
7.23election, the hours of voting, and the location of the voter's polling place. The notice must
7.24be sent by nonforwardable mail to every affected household in the school district with
7.25at least one registered voter. The notice must be mailed no later than 14 days before
7.26the election. The mailed notice is not required for a school district special election that
7.27is held on the
7.28following the first Monday in November, or for a special election conducted entirely by
7.29mail. In addition, the mailed notice is not required for voters residing in a township if
7.30the school district special election is held on the second Tuesday in March and the town
7.31general election is held on that day. A notice that is returned as undeliverable must be
7.32forwarded immediately to the county auditor.
8.1 Sec. 18. Minnesota Statutes 2012, section 206.61, subdivision 5, is amended to read:
8.2 Subd. 5. Alternation. The provisions of the election laws requiring the alternation
8.3of names of candidates must be observed as far as practicable by changing the order of the
8.4names on an electronic voting system in the various precincts so that each name appears
8.5on the machines or marking devices used in a municipality substantially an equal number
8.6of times in the first, last, and in each intermediate place in the list or group in which
8.7they belong. However, the arrangement of candidates' names must be the same on all
8.8voting systems used in the same precinct. If the number of names to be alternated exceeds
8.9the number of precincts, the election official responsible for providing the ballots, in
8.10accordance with subdivision 1, shall determine by lot the alternation of names.
8.11If an electronic ballot marker is used with a paper ballot that is not an optical scan
8.12ballot card, the manner of alternation of candidate names on the paper ballot must be as
8.13prescribed for optical scan ballots in this subdivision.
8.14The rules adopted by the secretary of state for the rotation of candidate names must
8.15use the number of registered voters in each precinct as of 8:00 a.m. on
8.16the year when the rotation will be made as the basis for determining the rotation of names.
8.17 Sec. 19. Minnesota Statutes 2012, section 206.82, subdivision 2, is amended to read:
8.18 Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
8.19system is used and the county auditor of a county in which an electronic voting system
8.20is used in more than one municipality and the county auditor of a county in which a
8.21counting center serving more than one municipality is located shall prepare a plan which
8.22indicates acquisition of sufficient facilities, computer time, and professional services
8.23and which describes the proposed manner of complying with section
8.24must be signed, notarized, and submitted to the secretary of state more than 60 days
8.25before the first election at which the municipality uses an electronic voting system. Before
8.26
8.27to the secretary of state notification of any changes to the plan on file with the secretary
8.28of state. The secretary of state shall review each plan for its sufficiency and may request
8.29technical assistance from the Office of Enterprise Technology or other agency which may
8.30be operating as the central computer authority. The secretary of state shall notify each
8.31reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
8.32of the plan. The attorney general, upon request of the secretary of state, may seek a district
8.33court order requiring an election official to fulfill duties imposed by this subdivision or by
8.34rules promulgated pursuant to this section.
9.1 Sec. 20. EFFECTIVE DATE.
9.2Sections 1 to 19 are effective January 1, 2014, and apply to elections conducted
9.3on or after that date.
