Bill Text: MN SF1123 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Primary elections for partisan offices modification; top two vote getters in partisan primary races general ballot placement
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-07 - Referred to Rules and Administration [SF1123 Detail]
Download: Minnesota-2013-SF1123-Introduced.html
1.2relating to elections; modifying primary elections for partisan offices; requiring
1.3the top two vote getters in partisan primary races to be placed on the general
1.4election ballot;amending Minnesota Statutes 2012, sections 200.02, subdivisions
1.57, 23; 204B.03; 204B.07, subdivision 4; 204C.13, subdivision 3; 204C.21,
1.6subdivision 3; 204C.32, subdivision 1; 204D.03, subdivisions 1, 3; 204D.05,
1.7subdivisions 1, 3; 204D.07, subdivisions 1, 3; 204D.08, subdivision 4; 204D.09,
1.8subdivision 2; 204D.10, subdivision 1; 204D.20, subdivisions 1, 2; 205.17,
1.9subdivision 3; 206.61, subdivision 4; repealing Minnesota Statutes 2012, sections
1.10204B.04, subdivisions 2, 3; 204D.07, subdivision 2; 204D.08, subdivision 5;
1.11204D.13, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 200.02, subdivision 7, is amended to read:
1.14 Subd. 7. Major political party. (a) "Major political party" means a political party
1.15that maintains a party organization in the state, political division or precinct in question
1.16and that has presented at least one candidate for election to the office of:
1.17(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
1.18general at the last preceding state general election for those offices; or
1.19(2) presidential elector or U.S. senator at the last preceding state general election for
1.20presidential electors; and
1.21whose candidate received votes in each county in that election and received votes
1.22from not less than five percent of the total number of individuals who voted in that election.
1.23(b) "Major political party" also means a political party that maintains a party
1.24organization in the state, political subdivision, or precinct in question and that has
1.25presented at least 45 candidates for election to the office of state representative, 23
1.26candidates for election to the office of state senator, four candidates for election to
1.27the office of representative in Congress, and one candidate for election to each of the
2.1following offices: governor and lieutenant governor, attorney general, secretary of state,
2.2and state auditor, at the last preceding state general election for those offices.
2.3(c) "Major political party" also means a political party that maintains a party
2.4organization in the state, political subdivision, or precinct in question and whose members
2.5present to the secretary of state at any time before the close of filing for the statepartisan
2.6 primary ballot a petition for a place on the statepartisan primary ballot, which petition
2.7contains signatures of a number of the party members equal to at least five percent of the
2.8total number of individuals who voted in the preceding state general election.
2.9(d) A political party whose candidate receives a sufficient number of votes at a state
2.10general election described in paragraph (a) or a political party that presents candidates at
2.11an election as required by paragraph (b) becomes a major political party as of January
2.121 following that election and retains its major party status for at least two state general
2.13elections even if the party fails to present a candidate who receives the number and
2.14percentage of votes required under paragraph (a) or fails to present candidates as required
2.15by paragraph (b) at subsequent state general elections.
2.16(e) A major political party whose candidates fail to receive the number and
2.17percentage of votes required under paragraph (a) and that fails to present candidates as
2.18required by paragraph (b) at each of two consecutive state general elections described by
2.19paragraph (a) or (b), respectively, loses major party status as of December 31 following
2.20the later of the two consecutive state general elections.
2.21 Sec. 2. Minnesota Statutes 2012, section 200.02, subdivision 23, is amended to read:
2.22 Subd. 23. Minor political party. (a) "Minor political party" means a political party
2.23that has adopted a state constitution, designated a state party chair, held a state convention
2.24in the last two years, filed with the secretary of state no later than December 31 following
2.25the most recent state general election a certification that the party has met the foregoing
2.26requirements, and met the requirements of paragraph (b) or (e), as applicable.
2.27(b) To be considered a minor party in all elections statewide, the political party must
2.28have presented at least one candidate for election to the office of:
2.29(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
2.30general, at the last preceding state general election for those offices; or
2.31(2) presidential elector or U.S. senator at the preceding state general election for
2.32presidential electors; and
2.33(3) who received votes in each county that in the aggregate equal at least one percent
2.34of the total number of individuals who voted in the election, or its members must have
2.35presented to the secretary of state at any time before the close of filing for the state
3.1partisan primary ballot a nominating petition in a form prescribed by the secretary of
3.2state requesting that the party be recognized as a minor political party containing the
3.3signatures of party members in a number equal to at least one percent of the total number
3.4of individuals who voted in the preceding state general election.
3.5(c) A political party whose candidate receives a sufficient number of votes at a
3.6state general election described in paragraph (b) becomes a minor political party as of
3.7January 1 following that election and retains its minor party status for at least two state
3.8general elections even if the party fails to present a candidate who receives the number
3.9and percentage of votes required under paragraph (b) at subsequent state general elections.
3.10(d) A minor political party whose candidates fail to receive the number and
3.11percentage of votes required under paragraph (b) at each of two consecutive state general
3.12elections described by paragraph (b) loses minor party status as of December 31 following
3.13the later of the two consecutive state general elections.
3.14(e) A minor party that qualifies to be a major party loses its status as a minor party
3.15at the time it becomes a major party. Votes received by the candidates of a major party
3.16must be counted in determining whether the party received sufficient votes to qualify as a
3.17minor party, notwithstanding that the party does not receive sufficient votes to retain its
3.18major party status. To be considered a minor party in an election in a legislative district,
3.19the political party must have presented at least one candidate for a legislative office in that
3.20district who received votes from at least ten percent of the total number of individuals
3.21who voted for that office, or its members must have presented to the secretary of state a
3.22nominating petition in a form prescribed by the secretary of state requesting that the party
3.23be recognized as a minor political party and containing the signatures of party members in
3.24a number equal to at least ten percent of the total number of individuals who voted in the
3.25preceding state general election for that legislative office.
3.26 Sec. 3. Minnesota Statutes 2012, section 204B.03, is amended to read:
3.27204B.03 MANNER OF NOMINATION.
3.28Candidatesof a major political party for any partisan office except presidential
3.29elector and all candidates for nonpartisan office shall apply for a place on the primary
3.30ballot by filing an affidavit of candidacy as provided in section204B.06 , and except as
3.31otherwise provided in section204D.07, subdivision 3 , shall be nominated by primary.
3.32Candidates for any partisan office who do not seek the nomination of a major political
3.33party shall be nominated by nominating petition as provided in sections
204B.07 and
3.34204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy
3.35as provided in section
204B.06.
4.1 Sec. 4. Minnesota Statutes 2012, section 204B.07, subdivision 4, is amended to read:
4.2 Subd. 4. Oath and address of signer. Following the information required by
4.3subdivisions 1 and 2 and before the space for signing, each separate page that is part of
4.4the petition shall include an oath in the following form:
4.5"I solemnly swear (or affirm) that I know the contents and purpose of this petition,
4.6that I do not intend to vote at the primary election for the office for which this nominating
4.7petition is made, and that I signed this petition of my own free will."
4.8Notarization or certification of the signatures on a nominating petition is not
4.9required. Immediately after the signature, the signer shall write on the petition the signer's
4.10residence address including street and number, if any, and mailing address if different
4.11from residence address.
4.12 Sec. 5. Minnesota Statutes 2012, section 204C.13, subdivision 3, is amended to read:
4.13 Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner:
4.14(a) A mark (X) shall be placed in the square opposite the printed name of each
4.15candidate for whom the individual desires to vote, and in the square before the "YES" or
4.16"NO" if the individual desires to vote for or against a question.
4.17(b) The voter may write in other names on the lines provided under the printed
4.18names of the candidates, except that no names shall be written in on primary ballots.
4.19(c)At a state primary an individual may vote for candidates of only one major
4.20political party on the partisan primary ballot. If a partisan primary ballot contains votes
4.21for the candidates of more than one major political party, the ballot is totally defective
4.22and no vote on the ballot shall be counted.
4.23(d) An individual who spoils a ballot may return it to the election judges and receive
4.24another.
4.25 Sec. 6. Minnesota Statutes 2012, section 204C.21, subdivision 3, is amended to read:
4.26 Subd. 3. Primary. At a primary the election judges shall firstseparate the partisan
4.27ballots by major political party and then count the votes for each office on the primary
4.28ballot as provided in subdivision 1. The nonpartisan primary ballots shall be counted
4.29separately after the partisan primary ballots have been counted.
4.30 Sec. 7. Minnesota Statutes 2012, section 204C.32, subdivision 1, is amended to read:
4.31 Subdivision 1. County canvass. The county canvassing board shall meet at the
4.32county auditor's office on either the second or third day following the state primary. After
4.33taking the oath of office, the canvassing board shall publicly canvass the election returns
5.1delivered to the county auditor. The board shall complete the canvass by the third day
5.2following the state primary and shall promptly prepare and file with the county auditor
5.3a report that states:
5.4(a) the number of individuals voting at the election in the county, and in each precinct;
5.5(b) the number of individuals registering to vote on election day and the number of
5.6individuals registered before election day in each precinct;
5.7(c)for each major political party, the names of the candidates running for each
5.8partisan office and the number of votes received by each candidate in the county and in
5.9each precinct;
5.10(d) the names of the candidatesof each major political party who are nominated; and
5.11(e) the number of votes received by each of the candidates for nonpartisan office in
5.12each precinct in the county and the names of the candidates nominated for nonpartisan
5.13office.
5.14Upon completion of the canvass, the county auditor shall mail or deliver a notice of
5.15nomination to each nominee for county office voted for only in that county. The county
5.16auditor shall transmit one of the certified copies of the county canvassing board report
5.17for state and federal offices to the secretary of state by express mail or similar service
5.18immediately upon conclusion of the county canvass. The secretary of state shall mail a
5.19notice of nomination to each nominee for state or federal office.
5.20 Sec. 8. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
5.21 Subdivision 1. State primary. The state primary shall be held on the second
5.22Tuesday in August in each even-numbered year to select the nomineesof the major
5.23political parties for partisan offices and the nominees for nonpartisan offices to be filled at
5.24the state general election, other than presidential electors.
5.25 Sec. 9. Minnesota Statutes 2012, section 204D.03, subdivision 3, is amended to read:
5.26 Subd. 3. Exception; certain partisan candidates. (a) If no more than one
5.27candidate files two candidates file for nomination by a major political party for a partisan
5.28office, thecandidate candidates who filed must be declared the nominee nominees upon
5.29the close of filing. If every candidate for a partisan office has been declared the nominee
5.30upon the close of filing, the office must be omitted from the state primary ballot. If all
5.31offices, both partisan and nonpartisan, have been omitted from the state primary ballot in a
5.32municipality or county, the governing body of the municipality or county may decide that
5.33the state primary will not be conducted in that municipality or county.
6.1(b) Within 15 days after the close of filing, each municipal clerk or county auditor
6.2whose governing body has decided not to conduct the state primary shall post notice that
6.3the offices have been so omitted and the state primary canceled and shall send a copy of
6.4the notice to the secretary of state.
6.5 Sec. 10. Minnesota Statutes 2012, section 204D.05, subdivision 1, is amended to read:
6.6 Subdivision 1. Statepartisan primary ballot. The state partisan primary ballot
6.7shall contain the names of the candidates seekingthe nomination of each major political
6.8party for the partisan offices filled at the state general election.
6.9 Sec. 11. Minnesota Statutes 2012, section 204D.05, subdivision 3, is amended to read:
6.10 Subd. 3. County auditor to prepare. The county auditor of each county shall
6.11prepare the statepartisan primary ballot and the state and county nonpartisan primary ballot.
6.12 Sec. 12. Minnesota Statutes 2012, section 204D.07, subdivision 1, is amended to read:
6.13 Subdivision 1. Duties of county auditor. Except as provided insubdivisions 2 and
6.14 subdivision 3, the county auditor shall place on the appropriate state primary ballot the
6.15name of each candidate who has properly filed an affidavit of candidacy with the auditor
6.16and of each candidate certified by the secretary of state pursuant to section204D.06 .
6.17 Sec. 13. Minnesota Statutes 2012, section 204D.07, subdivision 3, is amended to read:
6.18 Subd. 3. Exception; certain nonpartisan candidate. If not more than twice the
6.19number of individuals to be elected toa nonpartisan an office file for the nomination, their
6.20names and the name of the office shall be omitted from the state and countynonpartisan
6.21 primary ballot and the candidates who filed shall be the nominees.
6.22 Sec. 14. Minnesota Statutes 2012, section 204D.08, subdivision 4, is amended to read:
6.23 Subd. 4. Statepartisan primary ballot; party columns. (a) The state partisan
6.24primary ballot shall be headed by the words "StatePartisan Primary Ballot." The ballot shall
6.25be printed on white paper. There must be at least three vertical columns on the ballot and
6.26each major political party shall have a separate column headed by the words ".......... Party,"
6.27giving the party name. Above the party names, the following statement shall be printed.
6.28"Minnesota Election Law permits you to vote for the candidates of only one political
6.29party in a state partisan primary election."
7.1If there are only two major political parties to be listed on the ballot, one party must
7.2occupy the left-hand column, the other party must occupy the right-hand column, and the
7.3center column must contain the following statement:
7.4"Do not vote for candidates of more than one party."
7.5The names of the candidates seeking the nomination of each major political party
7.6shall be listed in that party's column. If only one individual files an affidavit of candidacy
7.7seeking the nomination of a major political party for an office, the name of that individual
7.8shall be placed on the state partisan primary ballot at the appropriate location in that
7.9party's column.
7.10In each column, (b) The candidates for senator in Congress shall be listed first,
7.11candidates for representative in Congress second, candidates for state senator third,
7.12candidates for state representative fourth and then candidates for state office in the order
7.13specified by the secretary of state.
7.14The party columns shall be substantially the same in width, type, and appearance.
7.15The columns shall be separated by a 12-point solid line. (c) The name of the political party
7.16or the political principle of each candidate shall be printed above or below the name of the
7.17candidate in the manner provided in section 204B.36, subdivision 2.
7.18 Sec. 15. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
7.19 Subd. 2. Sample ballot. At least two weeks before the state primary the county
7.20auditor shall prepare a sample statepartisan primary ballot and a sample state and county
7.21nonpartisan primary ballot for public inspection. The names of all of the candidates to
7.22be voted for in the county shall be placed on the sample ballots, with the names of the
7.23candidates for each office arranged in the base rotation as determined by section206.61,
7.24subdivision 5 . Only one sample state partisan primary ballot and one sample state and
7.25county nonpartisan ballot shall be prepared for any county. The county auditor shall post
7.26the sample ballots in a conspicuous place in the auditor's office and shall cause them
7.27to be published at least one week before the state primary in at least one newspaper of
7.28general circulation in the county.
7.29 Sec. 16. Minnesota Statutes 2012, section 204D.10, subdivision 1, is amended to read:
7.30 Subdivision 1. Partisan offices; nominees. Thecandidate for nomination of a major
7.31political party for a partisan office on the state partisan primary ballot who receives two
7.32candidates that receive the highest number of votes for each office shall bethe nominee
7.33of that political party for that office the nominees regardless of party affiliation. The
7.34nominees shall be placed on the general election ballot.
8.1 Sec. 17. Minnesota Statutes 2012, section 204D.20, subdivision 1, is amended to read:
8.2 Subdivision 1. Special primary. Except as provided in subdivision 2, the candidates
8.3of the major political parties to fill a vacancy shall be nominated at a special primary. The
8.4candidate of each party who receives two candidates that receive the highest number of
8.5votes at the special primary shall be nominated.
8.6 Sec. 18. Minnesota Statutes 2012, section 204D.20, subdivision 2, is amended to read:
8.7 Subd. 2. No special primary; when. No special primary shall be held to nominate
8.8candidates to fill a vacancy if onlyone individual from each major political party files two
8.9individuals file as a candidatefor that party's nomination. In that case, the individuals who
8.10have filed are nominated.
8.11 Sec. 19. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
8.12 Subd. 3. Primary ballots. The municipal primary ballot in cities of the second,
8.13third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
8.14class shall conform as far as practicable with the municipal general election ballot except
8.15that it shall be printed on light green paper. No blank spaces shall be provided for writing
8.16in the names of candidates. The partisan primary ballot in cities of the first class shall
8.17conform as far as practicable with the statepartisan primary ballot.
8.18 Sec. 20. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
8.19 Subd. 4. Order of candidates. On the "StatePartisan Primary Ballot" prepared for
8.20primary elections, and on the white ballot prepared for the general election, the order of
8.21the names of nominees or names of candidates for election shall be the same as required
8.22for paper ballots. More than one column or row may be used for the same office or party.
8.23Electronic ballot display and audio ballot readers must conform to the candidate order on
8.24the optical scan ballot used in the precinct.
8.25 Sec. 21. REPEALER.
8.26Minnesota Statutes 2012, sections 204B.04, subdivisions 2 and 3; 204D.07,
8.27subdivision 2; 204D.08, subdivision 5; and 204D.13, subdivision 3, are repealed.
8.28 Sec. 22. EFFECTIVE DATE.
8.29This act is effective January 1, 2014, and applies to all elections held on or after
8.30that date.
1.3the top two vote getters in partisan primary races to be placed on the general
1.4election ballot;amending Minnesota Statutes 2012, sections 200.02, subdivisions
1.57, 23; 204B.03; 204B.07, subdivision 4; 204C.13, subdivision 3; 204C.21,
1.6subdivision 3; 204C.32, subdivision 1; 204D.03, subdivisions 1, 3; 204D.05,
1.7subdivisions 1, 3; 204D.07, subdivisions 1, 3; 204D.08, subdivision 4; 204D.09,
1.8subdivision 2; 204D.10, subdivision 1; 204D.20, subdivisions 1, 2; 205.17,
1.9subdivision 3; 206.61, subdivision 4; repealing Minnesota Statutes 2012, sections
1.10204B.04, subdivisions 2, 3; 204D.07, subdivision 2; 204D.08, subdivision 5;
1.11204D.13, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2012, section 200.02, subdivision 7, is amended to read:
1.14 Subd. 7. Major political party. (a) "Major political party" means a political party
1.15that maintains a party organization in the state, political division or precinct in question
1.16and that has presented at least one candidate for election to the office of:
1.17(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
1.18general at the last preceding state general election for those offices; or
1.19(2) presidential elector or U.S. senator at the last preceding state general election for
1.20presidential electors; and
1.21whose candidate received votes in each county in that election and received votes
1.22from not less than five percent of the total number of individuals who voted in that election.
1.23(b) "Major political party" also means a political party that maintains a party
1.24organization in the state, political subdivision, or precinct in question and that has
1.25presented at least 45 candidates for election to the office of state representative, 23
1.26candidates for election to the office of state senator, four candidates for election to
1.27the office of representative in Congress, and one candidate for election to each of the
2.1following offices: governor and lieutenant governor, attorney general, secretary of state,
2.2and state auditor, at the last preceding state general election for those offices.
2.3(c) "Major political party" also means a political party that maintains a party
2.4organization in the state, political subdivision, or precinct in question and whose members
2.5present to the secretary of state at any time before the close of filing for the state
2.6 primary ballot a petition for a place on the state
2.7contains signatures of a number of the party members equal to at least five percent of the
2.8total number of individuals who voted in the preceding state general election.
2.9(d) A political party whose candidate receives a sufficient number of votes at a state
2.10general election described in paragraph (a) or a political party that presents candidates at
2.11an election as required by paragraph (b) becomes a major political party as of January
2.121 following that election and retains its major party status for at least two state general
2.13elections even if the party fails to present a candidate who receives the number and
2.14percentage of votes required under paragraph (a) or fails to present candidates as required
2.15by paragraph (b) at subsequent state general elections.
2.16(e) A major political party whose candidates fail to receive the number and
2.17percentage of votes required under paragraph (a) and that fails to present candidates as
2.18required by paragraph (b) at each of two consecutive state general elections described by
2.19paragraph (a) or (b), respectively, loses major party status as of December 31 following
2.20the later of the two consecutive state general elections.
2.21 Sec. 2. Minnesota Statutes 2012, section 200.02, subdivision 23, is amended to read:
2.22 Subd. 23. Minor political party. (a) "Minor political party" means a political party
2.23that has adopted a state constitution, designated a state party chair, held a state convention
2.24in the last two years, filed with the secretary of state no later than December 31 following
2.25the most recent state general election a certification that the party has met the foregoing
2.26requirements, and met the requirements of paragraph (b) or (e), as applicable.
2.27(b) To be considered a minor party in all elections statewide, the political party must
2.28have presented at least one candidate for election to the office of:
2.29(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
2.30general, at the last preceding state general election for those offices; or
2.31(2) presidential elector or U.S. senator at the preceding state general election for
2.32presidential electors; and
2.33(3) who received votes in each county that in the aggregate equal at least one percent
2.34of the total number of individuals who voted in the election, or its members must have
2.35presented to the secretary of state at any time before the close of filing for the state
3.1
3.2state requesting that the party be recognized as a minor political party containing the
3.3signatures of party members in a number equal to at least one percent of the total number
3.4of individuals who voted in the preceding state general election.
3.5(c) A political party whose candidate receives a sufficient number of votes at a
3.6state general election described in paragraph (b) becomes a minor political party as of
3.7January 1 following that election and retains its minor party status for at least two state
3.8general elections even if the party fails to present a candidate who receives the number
3.9and percentage of votes required under paragraph (b) at subsequent state general elections.
3.10(d) A minor political party whose candidates fail to receive the number and
3.11percentage of votes required under paragraph (b) at each of two consecutive state general
3.12elections described by paragraph (b) loses minor party status as of December 31 following
3.13the later of the two consecutive state general elections.
3.14(e) A minor party that qualifies to be a major party loses its status as a minor party
3.15at the time it becomes a major party. Votes received by the candidates of a major party
3.16must be counted in determining whether the party received sufficient votes to qualify as a
3.17minor party, notwithstanding that the party does not receive sufficient votes to retain its
3.18major party status. To be considered a minor party in an election in a legislative district,
3.19the political party must have presented at least one candidate for a legislative office in that
3.20district who received votes from at least ten percent of the total number of individuals
3.21who voted for that office, or its members must have presented to the secretary of state a
3.22
3.23be recognized as a minor political party and containing the signatures of party members in
3.24a number equal to at least ten percent of the total number of individuals who voted in the
3.25preceding state general election for that legislative office.
3.26 Sec. 3. Minnesota Statutes 2012, section 204B.03, is amended to read:
3.27204B.03 MANNER OF NOMINATION.
3.28Candidates
3.29elector and all candidates for nonpartisan office shall apply for a place on the primary
3.30ballot by filing an affidavit of candidacy as provided in section
3.31otherwise provided in section
3.32
3.33
3.34
3.35
4.1 Sec. 4. Minnesota Statutes 2012, section 204B.07, subdivision 4, is amended to read:
4.2 Subd. 4. Oath and address of signer. Following the information required by
4.3subdivisions 1 and 2 and before the space for signing, each separate page that is part of
4.4the petition shall include an oath in the following form:
4.5"I solemnly swear (or affirm) that I know the contents and purpose of this petition
4.6
4.7
4.8Notarization or certification of the signatures on a nominating petition is not
4.9required. Immediately after the signature, the signer shall write on the petition the signer's
4.10residence address including street and number, if any, and mailing address if different
4.11from residence address.
4.12 Sec. 5. Minnesota Statutes 2012, section 204C.13, subdivision 3, is amended to read:
4.13 Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner:
4.14(a) A mark (X) shall be placed in the square opposite the printed name of each
4.15candidate for whom the individual desires to vote, and in the square before the "YES" or
4.16"NO" if the individual desires to vote for or against a question.
4.17(b) The voter may write in other names on the lines provided under the printed
4.18names of the candidates, except that no names shall be written in on primary ballots.
4.19(c)
4.20
4.21
4.22
4.23
4.24another.
4.25 Sec. 6. Minnesota Statutes 2012, section 204C.21, subdivision 3, is amended to read:
4.26 Subd. 3. Primary. At a primary the election judges shall first
4.27
4.28ballot as provided in subdivision 1. The nonpartisan primary ballots shall be counted
4.29separately after the partisan primary ballots have been counted.
4.30 Sec. 7. Minnesota Statutes 2012, section 204C.32, subdivision 1, is amended to read:
4.31 Subdivision 1. County canvass. The county canvassing board shall meet at the
4.32county auditor's office on either the second or third day following the state primary. After
4.33taking the oath of office, the canvassing board shall publicly canvass the election returns
5.1delivered to the county auditor. The board shall complete the canvass by the third day
5.2following the state primary and shall promptly prepare and file with the county auditor
5.3a report that states:
5.4(a) the number of individuals voting at the election in the county, and in each precinct;
5.5(b) the number of individuals registering to vote on election day and the number of
5.6individuals registered before election day in each precinct;
5.7(c)
5.8partisan office and the number of votes received by each candidate in the county and in
5.9each precinct;
5.10(d) the names of the candidates
5.11(e) the number of votes received by each of the candidates for nonpartisan office in
5.12each precinct in the county and the names of the candidates nominated for nonpartisan
5.13office.
5.14Upon completion of the canvass, the county auditor shall mail or deliver a notice of
5.15nomination to each nominee for county office voted for only in that county. The county
5.16auditor shall transmit one of the certified copies of the county canvassing board report
5.17for state and federal offices to the secretary of state by express mail or similar service
5.18immediately upon conclusion of the county canvass. The secretary of state shall mail a
5.19notice of nomination to each nominee for state or federal office.
5.20 Sec. 8. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
5.21 Subdivision 1. State primary. The state primary shall be held on the second
5.22Tuesday in August in each even-numbered year to select the nominees
5.23
5.24the state general election, other than presidential electors.
5.25 Sec. 9. Minnesota Statutes 2012, section 204D.03, subdivision 3, is amended to read:
5.26 Subd. 3. Exception
5.27
5.28office, the
5.29the close of filing. If every candidate for a partisan office has been declared the nominee
5.30upon the close of filing, the office must be omitted from the state primary ballot. If all
5.31offices, both partisan and nonpartisan, have been omitted from the state primary ballot in a
5.32municipality or county, the governing body of the municipality or county may decide that
5.33the state primary will not be conducted in that municipality or county.
6.1(b) Within 15 days after the close of filing, each municipal clerk or county auditor
6.2whose governing body has decided not to conduct the state primary shall post notice that
6.3the offices have been so omitted and the state primary canceled and shall send a copy of
6.4the notice to the secretary of state.
6.5 Sec. 10. Minnesota Statutes 2012, section 204D.05, subdivision 1, is amended to read:
6.6 Subdivision 1. State
6.7shall contain the names of the candidates seeking
6.8
6.9 Sec. 11. Minnesota Statutes 2012, section 204D.05, subdivision 3, is amended to read:
6.10 Subd. 3. County auditor to prepare. The county auditor of each county shall
6.11prepare the state
6.12 Sec. 12. Minnesota Statutes 2012, section 204D.07, subdivision 1, is amended to read:
6.13 Subdivision 1. Duties of county auditor. Except as provided in
6.14 subdivision 3, the county auditor shall place on the appropriate state primary ballot the
6.15name of each candidate who has properly filed an affidavit of candidacy with the auditor
6.16and of each candidate certified by the secretary of state pursuant to section
6.17 Sec. 13. Minnesota Statutes 2012, section 204D.07, subdivision 3, is amended to read:
6.18 Subd. 3. Exception
6.19number of individuals to be elected to
6.20names and the name of the office shall be omitted from the state and county
6.21 primary ballot and the candidates who filed shall be the nominees.
6.22 Sec. 14. Minnesota Statutes 2012, section 204D.08, subdivision 4, is amended to read:
6.23 Subd. 4. State
6.24primary ballot shall be headed by the words "State
6.25
6.26
6.27
6.28
6.29
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11candidates for representative in Congress second, candidates for state senator third,
7.12candidates for state representative fourth and then candidates for state office in the order
7.13specified by the secretary of state.
7.14
7.15
7.16or the political principle of each candidate shall be printed above or below the name of the
7.17candidate in the manner provided in section 204B.36, subdivision 2.
7.18 Sec. 15. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
7.19 Subd. 2. Sample ballot. At least two weeks before the state primary the county
7.20auditor shall prepare a sample state
7.21nonpartisan primary ballot for public inspection. The names of all of the candidates to
7.22be voted for in the county shall be placed on the sample ballots, with the names of the
7.23candidates for each office arranged in the base rotation as determined by section
7.24subdivision 5
7.25county nonpartisan ballot shall be prepared for any county. The county auditor shall post
7.26the sample ballots in a conspicuous place in the auditor's office and shall cause them
7.27to be published at least one week before the state primary in at least one newspaper of
7.28general circulation in the county.
7.29 Sec. 16. Minnesota Statutes 2012, section 204D.10, subdivision 1, is amended to read:
7.30 Subdivision 1. Partisan offices; nominees. The
7.31
7.32candidates that receive the highest number of votes for each office shall be
7.33
7.34nominees shall be placed on the general election ballot.
8.1 Sec. 17. Minnesota Statutes 2012, section 204D.20, subdivision 1, is amended to read:
8.2 Subdivision 1. Special primary. Except as provided in subdivision 2, the candidates
8.3
8.4
8.5votes at the special primary shall be nominated.
8.6 Sec. 18. Minnesota Statutes 2012, section 204D.20, subdivision 2, is amended to read:
8.7 Subd. 2. No special primary; when. No special primary shall be held to nominate
8.8candidates to fill a vacancy if only
8.9individuals file as a candidate
8.10have filed are nominated.
8.11 Sec. 19. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
8.12 Subd. 3. Primary ballots. The municipal primary ballot in cities of the second,
8.13third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
8.14class shall conform as far as practicable with the municipal general election ballot except
8.15that it shall be printed on light green paper. No blank spaces shall be provided for writing
8.16in the names of candidates. The partisan primary ballot in cities of the first class shall
8.17conform as far as practicable with the state
8.18 Sec. 20. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
8.19 Subd. 4. Order of candidates. On the "State
8.20primary elections, and on the white ballot prepared for the general election, the order of
8.21the names of nominees or names of candidates for election shall be the same as required
8.22for paper ballots. More than one column or row may be used for the same office or party.
8.23Electronic ballot display and audio ballot readers must conform to the candidate order on
8.24the optical scan ballot used in the precinct.
8.25 Sec. 21. REPEALER.
8.26Minnesota Statutes 2012, sections 204B.04, subdivisions 2 and 3; 204D.07,
8.27subdivision 2; 204D.08, subdivision 5; and 204D.13, subdivision 3, are repealed.
8.28 Sec. 22. EFFECTIVE DATE.
8.29This act is effective January 1, 2014, and applies to all elections held on or after
8.30that date.
