Bill Text: MN SF1009 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Election vacancies in nomination and certain primaries procedures modifications; state primary election returns canvassing time frame modifications for counties, municipalities and school districts

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-05-24 - Governor approval [SF1009 Detail]

Download: Minnesota-2011-SF1009-Chaptered.html

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CHAPTER 65--S.F.No. 1009

An act

relating to elections; changing certain procedures and requirements related
to vacancies in nomination and certain primaries;amending Minnesota Statutes
2010, sections 204B.04, subdivision 2; 204B.13, subdivisions 1, 4; 204C.32,
subdivision 1; 205.065, subdivision 5; 205.13, subdivision 1a; 205A.03,
subdivision 4; 205A.06, subdivision 1a; repealing Minnesota Statutes 2010,
sections 204B.41; 204D.169; 205.065, subdivision 7; 205A.03, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 204B.04, subdivision 2, is amended to read:
    Subd. 2. Candidates seeking nomination by primary. No individual who seeks
nomination for any partisan or nonpartisan office at a primary shall be nominated for the
same office by nominating petition, except as otherwise provided for nonpartisan offices
in section 204B.13, subdivision 4.

    Sec. 2. Minnesota Statutes 2010, section 204B.13, subdivision 1, is amended to read:
    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:
(a) (1) a major political party candidate or nonpartisan candidate who was nominated
at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2a ; or
(b) (2) a candidate for a nonpartisan office, for which one or two candidates filed, dies
or files an affidavit of withdrawal withdraws as provided in section 204B.12, subdivision 1.

    Sec. 3. Minnesota Statutes 2010, section 204B.13, subdivision 4, is amended to read:
    Subd. 4. Nonpartisan office; filling vacancy by nominating petitions. A vacancy
in nomination in a nonpartisan office may be filled by nominating petition filing an
affidavit of candidacy and paying a filing fee or by filing an affidavit of candidacy and
filing a petition in place of a filing fee in the manner provided in sections 204B.06,
to 204B.09, and 204B.11. The petition shall All documents and fees required by this
subdivision must be filed within one week five days after the vacancy in nomination
occurs, but not later than four calendar days before the election. There must be a two-day
period for withdrawal of candidates after the last day for filing.
An eligible voter is eligible to sign a nominating petition to fill a vacancy in
nomination without regard to whether that eligible voter intends to vote or did vote for
any candidate for that office at the primary or signed other nominating petitions for
candidates for that office.
If the vacancy in nomination resulted from a withdrawal during the withdrawal
period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
period to fill the vacancy in nomination, there are more than two candidates, the
candidates' names must appear on the primary ballot.
In all other cases, the candidates' names must appear on the general election ballot.

    Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
    Subdivision 1. County canvass. The county canvassing board shall meet at the
county auditor's office on either the second or third day following the state primary. After
taking the oath of office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The board shall complete the canvass on by the third day
following the state primary and shall promptly prepare and file with the county auditor
a report that states:
(a) the number of individuals voting at the election in the county, and in each
precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.
Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

    Sec. 5. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
    Subd. 5. Results. (a) The municipal primary shall be conducted and the returns
made in the manner provided for the state primary so far as practicable. If the primary
is conducted:
(1) only within that municipality, a canvass may be conducted on either the second
or third day after the primary; or
(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
On the third day after the primary, The governing body of the municipality shall
canvass the returns, and the two candidates for each office who receive the highest number
of votes, or a number of candidates equal to twice the number of individuals to be elected
to the office, who receive the highest number of votes, shall be the nominees for the office
named. Their names shall be certified to the municipal clerk who shall place them on
the municipal general election ballot without partisan designation and without payment
of an additional fee.
(b) Following a municipal primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the municipality is located agrees to administratively review the
municipality's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.

    Sec. 6. Minnesota Statutes 2010, section 205.13, subdivision 1a, is amended to read:
    Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than 84 days nor
less than 70 days before the city primary. In municipalities that do not hold a primary, an
affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
the municipal general election held in March in any year, or a special election not held in
conjunction with another election, and no more than 91 98 days nor less than 77 84 days
before the municipal general election held in November of any year.

    Sec. 7. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
    Subd. 4. Results. (a) The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. If the primary
is conducted:
(1) only within that school district, a canvass may be conducted on either the second
or third day after the primary; or
(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
On the third day after the primary, The school board of the school district shall
canvass the returns, and the two candidates for each specified school board position who
receive the highest number of votes, or a number of candidates equal to twice the number
of individuals to be elected to at-large school board positions who receive the highest
number of votes, are the nominees for the office named. Their names must be certified to
the school district clerk who shall place them on the school district general election ballot
without partisan designation and without payment of an additional fee.
(b) Following a school district primary as described in paragraph (a), clause (2), a
canvass may be conducted on the second day after the primary if the county auditor of
each county in which the school district is located agrees to administratively review the
school district's primary voting statistics for accuracy and completeness within a time that
permits the canvass to be conducted on that day.

    Sec. 8. Minnesota Statutes 2010, section 205A.06, subdivision 1a, is amended to read:
    Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed with
the school district clerk no earlier than the 84th day and no later than the 70th day before
the second Tuesday in August in the year when the school district general election is held.
In all other school districts, affidavits of candidacy must be filed no earlier than the 91st
98th day and no later than the 77th 84th day before the school district general election.

    Sec. 9. REPEALER.
Minnesota Statutes 2010, sections 204B.41; 204D.169; 205.065, subdivision 7;
and 205A.03, subdivision 6, are repealed.

    Sec. 10. EFFECTIVE DATE.
Sections 1, 2, 3, 6, 8, and 9 are effective the day following final enactment.
Presented to the governor May 23, 2011
Signed by the governor May 24, 2011, 2:28 p.m.