Bill Text: MN HF591 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Partisan office vacancy nomination procedures modified, funding provided, and money appropriated.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-04-17 - Second reading [HF591 Detail]
Download: Minnesota-2013-HF591-Introduced.html
1.2relating to elections; modifying procedures related to vacancies in nomination
1.3for partisan office; appropriating money;amending Minnesota Statutes 2012,
1.4sections 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204D.19, by
1.5adding a subdivision; repealing Minnesota Statutes 2012, sections 204B.12,
1.6subdivision 2a; 204B.13, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
1.9 Subdivision 1.Death or withdrawal Partisan office. (a) A vacancy in nomination
1.10may for a partisan office must be filled in the manner provided by this section. A vacancy
1.11in nomination exists for a partisan office when: (1) a major political party candidate
1.12or nonpartisan candidate who was nominated at a primary dies or files an affidavit of
1.13withdrawal as provided in section
204B.12, subdivision 2a; or(2) a candidate for a
1.14nonpartisan office, for which one or two candidates filed, who has been nominated in
1.15accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
1.16(1) dies;
1.17(2) withdraws as provided in section204B.12, subdivision 1 .; or
1.18(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
1.19least one day prior to the general election with the same official who received the affidavit
1.20of candidacy.
1.21(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
1.22the candidate has been diagnosed with a catastrophic illness that will permanently and
1.23continuously incapacitate the candidate and prevent the candidate from performing the
1.24duties of the office sought, if elected. The affidavit must be accompanied by a certificate
1.25verifying the candidate's illness meets the requirements of this paragraph, signed by at
2.1least two licensed physicians. The affidavit and certificate may be filed by the candidate
2.2or the candidate's legal guardian.
2.3 Sec. 2. Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:
2.4 Subd. 2. Partisan office; nomination by party; special election. (a)A vacancy in
2.5nomination for partisan office shall be filled as provided in this subdivision. Except as
2.6provided in subdivision 5, a major political partyhas the authority to may fill a vacancy
2.7in nomination of that party's candidate as defined in subdivision 1, clause (1) or (3) by
2.8filinga one nomination certificate with the same official who received the affidavits of
2.9candidacy for that office.
2.10(b) A major political party may provide in its governing rules a procedure, including
2.11designation of an appropriate committee, to fillvacancies a vacancy in nomination for all
2.12offices elected statewide any federal or state partisan office. The nomination certificate
2.13shall be prepared under the direction of and executed by the chair and secretary of the
2.14political party and filed withinseven days after the vacancy in nomination occurs or
2.15before the 14th day before the general election, whichever is sooner. If the vacancy in
2.16nomination occurs through the candidate's death or catastrophic illness, the nomination
2.17certificate must be filed within seven days after the vacancy in nomination occurs but no
2.18later than four days before the general election the timelines established in this section.
2.19 When filing the certificate the chair and secretarywhen filing the certificate shall attach an
2.20affidavit stating that the newly nominated candidate has been selected under the rules of
2.21the party and that the individuals signing the certificate and making the affidavit are the
2.22chair and secretary of the party.
2.23(b) In the case of a vacancy in nomination for partisan office that occurs on or before
2.24the 79th day before the general election, the major political party must file the nomination
2.25certificate no later than 71 days before the general election. The name of the candidate
2.26nominated by the party must appear on the general election ballot.
2.27(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
2.28a partisan office that occurs after the 79th day before the general election, the general
2.29election ballot shall remain unchanged, but the county and state canvassing boards must
2.30not certify the vote totals for that office from the general election, and the office must be
2.31filled at a special election held in accordance with this section. Except for the vacancy
2.32in nomination, all other candidates whose names appeared on the general election ballot
2.33for the office must appear on the special election ballot for the office. New affidavits of
2.34candidacy or nominating petitions may not be accepted, and there must not be a primary to
2.35fill the vacancy in nomination. The major political party may file a nomination certificate
3.1as provided in paragraph (a), no later than seven days after the general election. On the
3.2date of the general election, the county auditor or municipal clerk shall post a notice in
3.3each precinct affected by a vacancy in nomination under this paragraph, informing voters
3.4of the reason for the vacancy in nomination and the procedures for filling the vacancy in
3.5nomination and conducting a special election as required by this section.
3.6 Sec. 3. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
3.7to read:
3.8 Subd. 2a. Partisan office; filing period. A vacancy in nomination for a partisan
3.9office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
3.10be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
3.11that all documents and fees required by those sections must be filed within five days
3.12after the vacancy in nomination occurs. There must be a two-day period for withdrawal
3.13of candidates after the last day for filing.
3.14If there is more than one candidate at the end of the withdrawal period to fill
3.15the vacancy in nomination, the candidates' names must appear on the primary ballot.
3.16Otherwise, the candidate's name must appear on the general election ballot.
3.17 Sec. 4. Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:
3.18 Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
3.19nomination for a major political party occurs in the race for governor, the political party
3.20must nominate the candidates for both governor and lieutenant governor. If a vacancy
3.21in nomination for a major political party occurs in the race for lieutenant governor,
3.22 the candidate for governordetermined under this section shall select the candidate for
3.23lieutenant governor.If a vacancy in nomination occurs in the race for lieutenant governor,
3.24due to a vacancy in nomination for governor or due to the withdrawal or death of the
3.25candidate for lieutenant governor, the candidate for governor shall select the candidate for
3.26lieutenant governor as provided in this subdivision.
3.27(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
3.2816th 79th day before the general election, the name of the lieutenant governor candidate
3.29must be submitted by the governor candidate to the filing officerwithin seven days after
3.30the vacancy occurs, or before the 14th day before the general election, whichever is sooner
3.31 no later than 71 days before the general election. If the vacancy in nominationoccurs
3.32through the death or catastrophic illness of the candidate for lieutenant governor occurs
3.33after the 79th day before the general election, the candidate for governor shall submit the
3.34name of the new lieutenant governor candidate to the secretary of state within seven days
4.1after the vacancy in nominationoccurs but no later than four days before the general
4.2election. If the vacancy in nomination occurs through the death or catastrophic illness
4.3of the candidate for governor, the new candidate for governor shall submit the name of
4.4the lieutenant governor candidate within seven days after the vacancy in nomination for
4.5governor is filled under section
204B.13, subdivision 2, but no later than four days before
4.6the general election. occurs, but no changes may be made to the general election ballots.
4.7 Sec. 5. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.8to read:
4.9 Subd. 7. Date of special election. If a special election is required under this section,
4.10the governor shall issue a writ calling for a special election to be conducted on the second
4.11Tuesday in February of the year following the year the vacancy in nomination occurred.
4.12Except where otherwise provided in this section, the writ shall be issued and the special
4.13election conducted according to the requirements of sections 204D.22 to 204D.27.
4.14 Sec. 6. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.15to read:
4.16 Subd. 8. Absentee voters. At least 46 days, but no more than 50 days, before a
4.17special election conducted under this section, the county auditor shall transmit an absentee
4.18ballot for the special election to each applicant for an absentee ballot whose application
4.19for an absentee ballot for the preceding general election was recorded under section
4.20203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
4.21in the manner specified in chapter 203B.
4.22 Sec. 7. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.23to read:
4.24 Subd. 9. Appropriation. In the case of a statewide special election under this
4.25section, the amount necessary is appropriated to the secretary of state to cover costs
4.26incurred by the state, county, and municipal governments to conduct the special election.
4.27 Sec. 8. Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
4.28to read:
4.29 Subd. 6. Writ when vacancy results from vacancy in nomination. If a vacancy in
4.30office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
4.31writ in the manner provided in that section.
5.1 Sec. 9. REPEALER.
5.2Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
5.3subdivision 6, are repealed.
5.4 Sec. 10. EFFECTIVE DATE.
5.5Sections 1 to 9 are effective the day following final enactment and apply to vacancies
5.6in nomination occurring on or after that date.
1.3for partisan office; appropriating money;amending Minnesota Statutes 2012,
1.4sections 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204D.19, by
1.5adding a subdivision; repealing Minnesota Statutes 2012, sections 204B.12,
1.6subdivision 2a; 204B.13, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
1.9 Subdivision 1.
1.10
1.11in nomination exists for a partisan office when
1.12
1.13
1.14
1.15accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
1.16(1) dies;
1.17(2) withdraws as provided in section
1.18(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
1.19least one day prior to the general election with the same official who received the affidavit
1.20of candidacy.
1.21(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
1.22the candidate has been diagnosed with a catastrophic illness that will permanently and
1.23continuously incapacitate the candidate and prevent the candidate from performing the
1.24duties of the office sought, if elected. The affidavit must be accompanied by a certificate
1.25verifying the candidate's illness meets the requirements of this paragraph, signed by at
2.1least two licensed physicians. The affidavit and certificate may be filed by the candidate
2.2or the candidate's legal guardian.
2.3 Sec. 2. Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:
2.4 Subd. 2. Partisan office; nomination by party; special election. (a)
2.5
2.6provided in subdivision 5, a major political party
2.7in nomination of that party's candidate as defined in subdivision 1, clause (1) or (3) by
2.8filing
2.9candidacy for that office.
2.10
2.11designation of an appropriate committee, to fill
2.12
2.13shall be prepared under the direction of and executed by the chair and secretary of the
2.14political party and filed within
2.15
2.16
2.17
2.18
2.19 When filing the certificate the chair and secretary
2.20affidavit stating that the newly nominated candidate has been selected under the rules of
2.21the party and that the individuals signing the certificate and making the affidavit are the
2.22chair and secretary of the party.
2.23(b) In the case of a vacancy in nomination for partisan office that occurs on or before
2.24the 79th day before the general election, the major political party must file the nomination
2.25certificate no later than 71 days before the general election. The name of the candidate
2.26nominated by the party must appear on the general election ballot.
2.27(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
2.28a partisan office that occurs after the 79th day before the general election, the general
2.29election ballot shall remain unchanged, but the county and state canvassing boards must
2.30not certify the vote totals for that office from the general election, and the office must be
2.31filled at a special election held in accordance with this section. Except for the vacancy
2.32in nomination, all other candidates whose names appeared on the general election ballot
2.33for the office must appear on the special election ballot for the office. New affidavits of
2.34candidacy or nominating petitions may not be accepted, and there must not be a primary to
2.35fill the vacancy in nomination. The major political party may file a nomination certificate
3.1as provided in paragraph (a), no later than seven days after the general election. On the
3.2date of the general election, the county auditor or municipal clerk shall post a notice in
3.3each precinct affected by a vacancy in nomination under this paragraph, informing voters
3.4of the reason for the vacancy in nomination and the procedures for filling the vacancy in
3.5nomination and conducting a special election as required by this section.
3.6 Sec. 3. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
3.7to read:
3.8 Subd. 2a. Partisan office; filing period. A vacancy in nomination for a partisan
3.9office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
3.10be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
3.11that all documents and fees required by those sections must be filed within five days
3.12after the vacancy in nomination occurs. There must be a two-day period for withdrawal
3.13of candidates after the last day for filing.
3.14If there is more than one candidate at the end of the withdrawal period to fill
3.15the vacancy in nomination, the candidates' names must appear on the primary ballot.
3.16Otherwise, the candidate's name must appear on the general election ballot.
3.17 Sec. 4. Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:
3.18 Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
3.19nomination for a major political party occurs in the race for governor, the political party
3.20must nominate the candidates for both governor and lieutenant governor. If a vacancy
3.21in nomination for a major political party occurs in the race for lieutenant governor,
3.22 the candidate for governor
3.23lieutenant governor.
3.24
3.25
3.26
3.27(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
3.28
3.29must be submitted by the governor candidate to the filing officer
3.30
3.31 no later than 71 days before the general election. If the vacancy in nomination
3.32
3.33after the 79th day before the general election, the candidate for governor shall submit the
3.34name of the new lieutenant governor candidate to the secretary of state within seven days
4.1after the vacancy in nomination
4.2
4.3
4.4
4.5
4.6
4.7 Sec. 5. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.8to read:
4.9 Subd. 7. Date of special election. If a special election is required under this section,
4.10the governor shall issue a writ calling for a special election to be conducted on the second
4.11Tuesday in February of the year following the year the vacancy in nomination occurred.
4.12Except where otherwise provided in this section, the writ shall be issued and the special
4.13election conducted according to the requirements of sections 204D.22 to 204D.27.
4.14 Sec. 6. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.15to read:
4.16 Subd. 8. Absentee voters. At least 46 days, but no more than 50 days, before a
4.17special election conducted under this section, the county auditor shall transmit an absentee
4.18ballot for the special election to each applicant for an absentee ballot whose application
4.19for an absentee ballot for the preceding general election was recorded under section
4.20203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
4.21in the manner specified in chapter 203B.
4.22 Sec. 7. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
4.23to read:
4.24 Subd. 9. Appropriation. In the case of a statewide special election under this
4.25section, the amount necessary is appropriated to the secretary of state to cover costs
4.26incurred by the state, county, and municipal governments to conduct the special election.
4.27 Sec. 8. Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
4.28to read:
4.29 Subd. 6. Writ when vacancy results from vacancy in nomination. If a vacancy in
4.30office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
4.31writ in the manner provided in that section.
5.1 Sec. 9. REPEALER.
5.2Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
5.3subdivision 6, are repealed.
5.4 Sec. 10. EFFECTIVE DATE.
5.5Sections 1 to 9 are effective the day following final enactment and apply to vacancies
5.6in nomination occurring on or after that date.
