Bill Text: MN SF156 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: State primary election returns canvassing time frame modifications for counties, municipalities and school districts

Sponsorship: Partisan Bill (Democrat 3)

Status: (Engrossed - Dead) 2011-04-11 - Second reading [SF156 Detail]

Download: Minnesota-2011-SF156-Engrossed.html

1.1A bill for an act
1.2relating to elections; allowing flexibility in the time provided for canvassing
1.3primary election returns for counties, municipalities, and school districts;
1.4amending Minnesota Statutes 2010, sections 204C.32, subdivision 1; 205.065,
1.5subdivision 5; 205A.03, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
1.8    Subdivision 1. County canvass. The county canvassing board shall meet at the
1.9county auditor's office on either the second or third day following the state primary. After
1.10taking the oath of office, the canvassing board shall publicly canvass the election returns
1.11delivered to the county auditor. The board shall complete the canvass on by the third day
1.12following the state primary and shall promptly prepare and file with the county auditor
1.13a report that states:
1.14(a) the number of individuals voting at the election in the county, and in each
1.15precinct;
1.16(b) the number of individuals registering to vote on election day and the number of
1.17individuals registered before election day in each precinct;
1.18(c) for each major political party, the names of the candidates running for each
1.19partisan office and the number of votes received by each candidate in the county and in
1.20each precinct;
1.21(d) the names of the candidates of each major political party who are nominated; and
1.22(e) the number of votes received by each of the candidates for nonpartisan office in
1.23each precinct in the county and the names of the candidates nominated for nonpartisan
1.24office.
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. If the primary
2.10is conducted:
2.11(1) only within that municipality, a canvass may be conducted on either the second
2.12or third day after the primary; or
2.13(2) in conjunction with the state primary, the canvass must be conducted on the third
2.14day after the primary, except as otherwise provided in paragraph (b).
2.15On the third day after the primary, The governing body of the municipality shall
2.16canvass the returns, and the two candidates for each office who receive the highest number
2.17of votes, or a number of candidates equal to twice the number of individuals to be elected
2.18to the office, who receive the highest number of votes, shall be the nominees for the office
2.19named. Their names shall be certified to the municipal clerk who shall place them on
2.20the municipal general election ballot without partisan designation and without payment
2.21of an additional fee.
2.22(b) Following a municipal primary as described in paragraph (a), clause (2), a
2.23canvass may be conducted on the second day after the primary if the county auditor of
2.24each county in which the municipality is located agrees to administratively review the
2.25municipality's primary voting statistics for accuracy and completeness within a time that
2.26permits the canvass to be conducted on that day.

2.27    Sec. 3. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
2.28    Subd. 4. Results. (a) The school district primary must be conducted and the returns
2.29made in the manner provided for the state primary as far as practicable. If the primary
2.30is conducted:
2.31(1) only within that school district, a canvass may be conducted on either the second
2.32or third day after the primary; or
2.33(2) in conjunction with the state primary, the canvass must be conducted on the third
2.34day after the primary, except as otherwise provided in paragraph (b).
3.1On the third day after the primary, The school board of the school district shall
3.2canvass the returns, and the two candidates for each specified school board position who
3.3receive the highest number of votes, or a number of candidates equal to twice the number
3.4of individuals to be elected to at-large school board positions who receive the highest
3.5number of votes, are the nominees for the office named. Their names must be certified to
3.6the school district clerk who shall place them on the school district general election ballot
3.7without partisan designation and without payment of an additional fee.
3.8(b) Following a school district primary as described in paragraph (a), clause (2), a
3.9canvass may be conducted on the second day after the primary if the county auditor of
3.10each county in which the school district is located agrees to administratively review the
3.11school district's primary voting statistics for accuracy and completeness within a time that
3.12permits the canvass to be conducted on that day.
feedback