Bill Text: MN HF281 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: State primary election canvassing requirements changed.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-11 - HF indefinitely postponed [HF281 Detail]

Download: Minnesota-2011-HF281-Engrossed.html

1.1A bill for an act
1.2relating to elections; changing certain primary canvassing requirements;
1.3amending Minnesota Statutes 2010, sections 204C.32, subdivision 1; 205.065,
1.4subdivision 5; 205A.03, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
1.7    Subdivision 1. County canvass. The county canvassing board shall meet at the
1.8county auditor's office on either the second or third day following the state primary. After
1.9taking the oath of office, the canvassing board shall publicly canvass the election returns
1.10delivered to the county auditor. The board shall complete the canvass on the third day
1.11following the state primary and shall promptly prepare and file with the county auditor
1.12a report that states:
1.13(a) the number of individuals voting at the election in the county, and in each
1.14precinct;
1.15(b) the number of individuals registering to vote on election day and the number of
1.16individuals registered before election day in each precinct;
1.17(c) for each major political party, the names of the candidates running for each
1.18partisan office and the number of votes received by each candidate in the county and in
1.19each precinct;
1.20(d) the names of the candidates of each major political party who are nominated; and
1.21(e) the number of votes received by each of the candidates for nonpartisan office in
1.22each precinct in the county and the names of the candidates nominated for nonpartisan
1.23office.
2.1Upon completion of the canvass, the county auditor shall mail or deliver a notice of
2.2nomination to each nominee for county office voted for only in that county. The county
2.3auditor shall transmit one of the certified copies of the county canvassing board report
2.4for state and federal offices to the secretary of state by express mail or similar service
2.5immediately upon conclusion of the county canvass. The secretary of state shall mail a
2.6notice of nomination to each nominee for state or federal office.

2.7    Sec. 2. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
2.8    Subd. 5. Results. (a) The municipal primary shall be conducted and the returns
2.9made in the manner provided for the state primary so far as practicable. Except as
2.10otherwise provided in this subdivision, on the third day after the primary, the governing
2.11body of the municipality shall canvass the returns, and the two candidates for each office
2.12who receive the highest number of votes, or a number of candidates equal to twice the
2.13number of individuals to be elected to the office, who receive the highest number of
2.14votes, shall be the nominees for the office named. Their names shall be certified to the
2.15municipal clerk who shall place them on the municipal general election ballot without
2.16partisan designation and without payment of an additional fee.
2.17(b) A canvass may be conducted on the second day after the primary if the county
2.18auditor of each county in which the municipality is located agrees to administratively
2.19review the municipality's returns for accuracy and completeness within a time that permits
2.20the canvass to be conducted on that day.

2.21    Sec. 3. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
2.22    Subd. 4. Results. (a) The school district primary must be conducted and the
2.23returns made in the manner provided for the state primary as far as practicable. Except as
2.24otherwise provided in this subdivision, on the third day after the primary, the school board
2.25of the school district shall canvass the returns, and the two candidates for each specified
2.26school board position who receive the highest number of votes, or a number of candidates
2.27equal to twice the number of individuals to be elected to at-large school board positions
2.28who receive the highest number of votes, are the nominees for the office named. Their
2.29names must be certified to the school district clerk who shall place them on the school
2.30district general election ballot without partisan designation and without payment of an
2.31additional fee.
2.32(b) A canvass may be conducted on the second day after the primary if the county
2.33auditor of each county in which the school district is located agrees to administratively
3.1review the school district's returns for accuracy and completeness within a time that
3.2permits the canvass to be conducted on that day.
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