Bill Text: MN SF1008 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Election vacancies in nomination provisions modifications
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-03-23 - Referred to Local Government and Elections [SF1008 Detail]
Download: Minnesota-2011-SF1008-Introduced.html
1.2relating to elections; changing certain procedures and requirements related to
1.3vacancies in nomination;amending Minnesota Statutes 2010, section 204B.13,
1.4subdivisions 1, 2, by adding subdivisions; repealing Minnesota Statutes 2010,
1.5sections 204B.41; 204D.169.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 204B.13, subdivision 1, is amended to read:
1.8 Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
1.9manner provided by this section. A vacancy in nomination exists when:
1.10(a) (1) a major political party candidate or nonpartisan candidate who was nominated
1.11at a primary whose name is to appear on the general election ballot dies or files an
1.12affidavit of withdrawal as provided in section
204B.12, subdivision 2a
1.13of the state primary;or
1.14(b) (2) a candidate for a nonpartisan office, for which one or two candidates filed,
1.15dies or files an affidavit of withdrawal as provided in section204B.12, subdivision 1 .; or
1.16(3) a major political party candidate for constitutional office whose name is to
1.17appear on the general election ballot or the candidate's legal guardian files an affidavit of
1.18vacancy at least one day prior to the general election with the same official who received
1.19the affidavit of candidacy that states that:
1.20(i) the candidate has a catastrophic illness that was diagnosed after the deadline for
1.21withdrawal, as provided in section 204B.12, subdivision 1; and
1.22(ii) the candidate's illness will permanently and continuously incapacitate the
1.23candidate and prevent the candidate from performing the duties of the office sought.
1.24The affidavit must be accompanied by a certificate verifying that the candidate's
1.25illness meets the requirements of this clause, signed by at least two licensed physicians.
2.1 Sec. 2. Minnesota Statutes 2010, section 204B.13, subdivision 2, is amended to read:
2.2 Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for
2.3partisan office shallbe filled as provided in this subdivision effectively remove that office
2.4from the ballot. Votes cast at the general election for that office are invalid and the office
2.5must be filled in a special election held in accordance with section 204D.17, except as
2.6provided by this section. Except for the vacancy in nomination, all other candidates whose
2.7names would have appeared on the general election ballot for this race must appear on
2.8the special election ballot for this race. There must not be a primary to fill the vacancy
2.9in nomination. A major political party has the authority to fill a vacancy in nomination
2.10of that party's candidate by filinga one nomination certificate with the same official who
2.11received the affidavits of candidacy for that office.
2.12(b) A major political party may provide in its governing rules a procedure, including
2.13designation of an appropriate committee, to fillvacancies a vacancy in nomination for
2.14all offices elected statewide any federal or state office. The nomination certificate shall be
2.15prepared under the direction of and executed by the chair and secretary of the political
2.16party and filed withinseven 14 days after the vacancy in nomination occurs or before the
2.1714th day before the general election, whichever is sooner. If the vacancy in nomination
2.18occurs through the candidate's death or catastrophic illness, the nomination certificate
2.19must be filed within seven days after the vacancy in nomination occurs but no later
2.20than four days before but no later than seven days after the general election. The chair
2.21and secretary when filing the certificate shall attach an affidavit stating that the newly
2.22nominated candidate has been selected under the rules of the party and that the individuals
2.23signing the certificate and making the affidavit are the chair and secretary of the party.
2.24 Sec. 3. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision
2.25to read:
2.26 Subd. 7. Date of special election. The special election must be held on the second
2.27Tuesday in January.
2.28 Sec. 4. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision
2.29to read:
2.30 Subd. 8. Absentee voters. The county auditor shall transmit an absentee ballot for
2.31the special election under this section to each applicant for an absentee ballot whose
2.32application for an absentee ballot for the preceding general election was recorded under
2.33section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general
2.34election, the county auditor shall mail the ballot no earlier than the date of the general
3.1election and no later than five days after the general election. If the vacancy in nomination
3.2is filled after the general election, the county auditor must mail the ballot no later than five
3.3days after the vacancy in nomination is filled.
3.4 Sec. 5. REPEALER.
3.5Minnesota Statutes 2010, sections 204B.41; and 204D.169, are repealed.
1.3vacancies in nomination;amending Minnesota Statutes 2010, section 204B.13,
1.4subdivisions 1, 2, by adding subdivisions; repealing Minnesota Statutes 2010,
1.5sections 204B.41; 204D.169.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 204B.13, subdivision 1, is amended to read:
1.8 Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
1.9manner provided by this section. A vacancy in nomination exists when:
1.10
1.11
1.12
1.13of the state primary;
1.14
1.15dies or files an affidavit of withdrawal as provided in section
1.16(3) a major political party candidate for constitutional office whose name is to
1.17appear on the general election ballot or the candidate's legal guardian files an affidavit of
1.18vacancy at least one day prior to the general election with the same official who received
1.19the affidavit of candidacy that states that:
1.20(i) the candidate has a catastrophic illness that was diagnosed after the deadline for
1.21withdrawal, as provided in section 204B.12, subdivision 1; and
1.22(ii) the candidate's illness will permanently and continuously incapacitate the
1.23candidate and prevent the candidate from performing the duties of the office sought.
1.24The affidavit must be accompanied by a certificate verifying that the candidate's
1.25illness meets the requirements of this clause, signed by at least two licensed physicians.
2.1 Sec. 2. Minnesota Statutes 2010, section 204B.13, subdivision 2, is amended to read:
2.2 Subd. 2. Partisan office
2.3partisan office shall
2.4from the ballot. Votes cast at the general election for that office are invalid and the office
2.5must be filled in a special election held in accordance with section 204D.17, except as
2.6provided by this section. Except for the vacancy in nomination, all other candidates whose
2.7names would have appeared on the general election ballot for this race must appear on
2.8the special election ballot for this race. There must not be a primary to fill the vacancy
2.9in nomination. A major political party has the authority to fill a vacancy in nomination
2.10of that party's candidate by filing
2.11received the affidavits of candidacy for that office.
2.12(b) A major political party may provide in its governing rules a procedure, including
2.13designation of an appropriate committee, to fill
2.14
2.15prepared under the direction of and executed by the chair and secretary of the political
2.16party and filed within
2.17
2.18
2.19
2.20
2.21and secretary when filing the certificate shall attach an affidavit stating that the newly
2.22nominated candidate has been selected under the rules of the party and that the individuals
2.23signing the certificate and making the affidavit are the chair and secretary of the party.
2.24 Sec. 3. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision
2.25to read:
2.26 Subd. 7. Date of special election. The special election must be held on the second
2.27Tuesday in January.
2.28 Sec. 4. Minnesota Statutes 2010, section 204B.13, is amended by adding a subdivision
2.29to read:
2.30 Subd. 8. Absentee voters. The county auditor shall transmit an absentee ballot for
2.31the special election under this section to each applicant for an absentee ballot whose
2.32application for an absentee ballot for the preceding general election was recorded under
2.33section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general
2.34election, the county auditor shall mail the ballot no earlier than the date of the general
3.1election and no later than five days after the general election. If the vacancy in nomination
3.2is filled after the general election, the county auditor must mail the ballot no later than five
3.3days after the vacancy in nomination is filled.
3.4 Sec. 5. REPEALER.
3.5Minnesota Statutes 2010, sections 204B.41; and 204D.169, are repealed.
