Bill Text: MN HF122 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Vacancy nomination provisions modified.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-01-28 - Second reading [HF122 Detail]
Download: Minnesota-2013-HF122-Engrossed.html
1.2relating to elections; modifying vacancy in nominations provisions; amending
1.3Minnesota Statutes 2012, section 204B.13, subdivision 1; proposing coding for
1.4new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes
1.52012, section 204B.13, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
1.8 Subdivision 1.Death or withdrawal Partisan office. A vacancy in nomination
1.9may for a partisan office must be filled in the manner provided by this section. A vacancy
1.10in nomination for a partisan office exists when:
1.11(1) a major political party candidate or nonpartisan candidate who was nominated
1.12at a primary dies or files an affidavit of withdrawal as provided in section204B.12,
1.13subdivision 2a ; or.
1.14(2) a candidate for a nonpartisan office, for which one or two candidates filed,
1.15withdraws as provided in section
204B.12, subdivision 1.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
1.18 Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
1.19must be filled in the manner provided by this section. A vacancy in nomination for a
1.20nonpartisan office exists when:
1.21(1) a candidate for any nonpartisan office, for which one or two candidates filed,
1.22withdraws as provided in section 204B.12, subdivision 1; or
2.1(2) a candidate for any nonjudicial nonpartisan office, for which only one or two
2.2candidates filed or who was nominated at a primary, dies more than 84 days before the
2.3date of the general election.
2.4 Subd. 2. Procedure for filling vacancy. A vacancy in nomination for a nonpartisan
2.5office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing
2.6an affidavit of candidacy and filing a petition in place of a filing fee, in the manner
2.7provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
2.8this subdivision must be filed within five days after the vacancy in nomination occurs.
2.9There must be a two-day period for withdrawal of candidates after the last day for filing.
2.10If the vacancy in nomination resulted from a withdrawal during the withdrawal
2.11period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
2.12period to fill the vacancy in nomination, there are more than two candidates, the
2.13candidates' names must appear on the primary ballot. In all other cases, the candidates'
2.14names must appear on the general election ballot.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 3. REPEALER.
2.17Minnesota Statutes 2012, section 204B.13, subdivision 4, is repealed.
2.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2012, section 204B.13, subdivision 1; proposing coding for
1.4new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes
1.52012, section 204B.13, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
1.8 Subdivision 1.
1.9
1.10in nomination for a partisan office exists when
1.11
1.12at a primary dies or files an affidavit of withdrawal as provided in section
1.13subdivision 2a
1.14
1.15
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
1.18 Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
1.19must be filled in the manner provided by this section. A vacancy in nomination for a
1.20nonpartisan office exists when:
1.21(1) a candidate for any nonpartisan office, for which one or two candidates filed,
1.22withdraws as provided in section 204B.12, subdivision 1; or
2.1(2) a candidate for any nonjudicial nonpartisan office, for which only one or two
2.2candidates filed or who was nominated at a primary, dies more than 84 days before the
2.3date of the general election.
2.4 Subd. 2. Procedure for filling vacancy. A vacancy in nomination for a nonpartisan
2.5office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing
2.6an affidavit of candidacy and filing a petition in place of a filing fee, in the manner
2.7provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
2.8this subdivision must be filed within five days after the vacancy in nomination occurs.
2.9There must be a two-day period for withdrawal of candidates after the last day for filing.
2.10If the vacancy in nomination resulted from a withdrawal during the withdrawal
2.11period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
2.12period to fill the vacancy in nomination, there are more than two candidates, the
2.13candidates' names must appear on the primary ballot. In all other cases, the candidates'
2.14names must appear on the general election ballot.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 3. REPEALER.
2.17Minnesota Statutes 2012, section 204B.13, subdivision 4, is repealed.
2.18EFFECTIVE DATE.This section is effective the day following final enactment.
