Minnesota Legislature
HF 1776
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to elections; establishing a nonbinding presidential primary; proposing
coding for new law in Minnesota Statutes, chapter 207A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[207A.11] PRESIDENTIAL PRIMARY.
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A nonbinding presidential primary must be held on the first Tuesday after the
first Monday in February of each year in which a president and vice-president of the
United States are to be nominated and elected. The voters of this state may express their
preference among the candidates of the major political party of their choice for that
party's nomination to be president of the United States or may indicate a preference for
uncommitted delegates to the national party convention. For the purposes of sections
207A.01 to 207A.07, "political party" or "party" means a political party as defined in
section 200.02, subdivision 7.
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Sec. 2.
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[207A.12] CANDIDATES ON BALLOT.
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new text begin Subdivision 1. new text end
new text begin Required listing. new text end
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The following individuals must be listed as
candidates on the appropriate major political party presidential ballot with a separate
ballot for each major political party:
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(1) any individual who files an affidavit of candidacy pursuant to section 204B.06
and submits the appropriate filing fee or petition in place of filing fee pursuant to section
204B.11; and
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(2) any individual nominated as a candidate for the presidential nomination of a
political party by a petition submitted not later than ten weeks before the primary and
bearing the names of 1,000 eligible voters from each congressional district.
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In addition, each major political party's ballot must contain a place for a voter to
indicate a preference for having delegates to the party's national convention remain
uncommitted, and a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot.
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The candidates must be listed on the appropriate major political party ballot in
the order that the affidavits of candidacy or nominating petitions for the candidates are
filed with the secretary of state.
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new text begin Subd. 1a. new text end
new text begin Time for filing; fee. new text end
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The period for filing an affidavit of candidacy for the
presidential primary must begin 16 weeks before the primary and end 14 weeks before the
primary. The filing fee is $500. The period for signing nominating petitions must begin 16
weeks before the primary and end ten weeks before the primary.
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new text begin Subd. 2. new text end
new text begin Announcing candidates. new text end
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Candidates who have filed an affidavit of
candidacy pursuant to subdivision 1, clause (1), for each political party on the presidential
primary ballot must be announced by the secretary of state the day after filings close for
the purpose of giving voters sufficient time to nominate other candidates by petition.
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new text begin Subd. 3. new text end
new text begin Announcement. new text end
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The determination of which candidates must be listed
on the presidential primary ballot must be made by the secretary of state not later than
eight weeks before the presidential primary. The secretary of state shall certify to the
county auditor of each county the names of all candidates in the presidential primary
at least seven weeks before the primary.
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new text begin Subd. 4. new text end
new text begin Notification. new text end
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Not later than three days after the last day for filing a
nominating petition pursuant to subdivision 1, clause (2), the secretary of state shall notify
each individual whose name is to be listed on the presidential primary ballot that the
individual's name will be listed unless the individual submits an affidavit stating that the
individual is not a candidate for the presidential nomination, does not intend to become a
candidate, and would not accept the nomination. The affidavit must be submitted to and
received by the secretary of state no later than eight weeks before the presidential primary.
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Sec. 3.
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[207A.13] PRESIDENTIAL PRIMARY; HOW CONDUCTED.
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Except as otherwise provided in sections 207A.11 to 207A.16, the presidential
primary must be conducted and the results canvassed and returned in the manner provided
by law for the state primary.
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Sec. 4.
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[207A.14] AUDITOR FURNISHED INFORMATION BY SECRETARY
OF STATE; BALLOT PREPARATION.
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new text begin Subdivision 1. new text end
new text begin Notice of filing period. new text end
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Twenty weeks before a presidential primary
is to be held, the secretary of state shall provide notice to the county auditor of each
county of the date of the presidential primary. Within ten days after notification by the
secretary of state, each county auditor shall provide notice of the date of the presidential
primary to each municipal clerk in the county.
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new text begin Subd. 2. new text end
new text begin Notice of primary. new text end
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At least 15 days before the date of the presidential
primary, each municipal clerk shall post a public notice stating the date of the presidential
primary, the location of each polling place in the municipality, and the hours during which
the polling places in the municipality will be open. The county auditor shall post a similar
notice in the auditor's office with information for any polling places in unorganized
territory in the county. The governing body of a municipality or county may publish the
notice in addition to posting it. Failure to give notice does not invalidate the election.
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new text begin Subd. 3. new text end
new text begin Ballot preparation. new text end
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The secretary of state shall prepare paper ballots,
absentee ballot envelopes, ballot return envelopes, election return envelopes, and summary
statements for use in the presidential primary. Ballots must follow the form required for
state primary elections, as described in sections 204D.04 to 204D.08.
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Sec. 5.
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[207A.15] SELECTION OF DELEGATES; NATIONAL CONVENTION
BALLOTING.
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new text begin Subdivision 1. new text end
new text begin Apportionment of delegates. new text end
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The delegates to the national
convention of each political party appearing on the presidential primary ballot must be
chosen through the caucus and convention procedures as described in chapter 202A.
Caucus and convention participants may, but are not required to, consider the presidential
primary results when selecting delegates to attend the party's national convention. The
secretary of each party's state convention or congressional district convention shall
promptly notify the secretary of state of the names of the delegates to the national
convention chosen as supporters of each presidential candidate.
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new text begin Subd. 2. new text end
new text begin Delegate votes. new text end
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At the national convention, delegates chosen because of
their support for a presidential candidate must vote for that candidate on the first ballot,
unless they have been released from that obligation by the candidate. This subdivision
does not apply to delegates to the extent that it is inconsistent with the rules of the national
party or state party.
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Sec. 6.
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[207A.16] USE OF VOTING MACHINES.
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The county auditor of each county shall provide all ballots, ballot labels, ballot
cards, and other necessary printed forms and supplies needed to place the ballots required
by sections 207A.01 to 207A.07 on the voting machines which otherwise are provided
by the state when paper ballots are used. The total cost of printing and providing the
forms must be paid by the state.
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Sec. 7.
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[207A.17] RULEMAKING AUTHORITY.
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The secretary of state shall adopt rules to implement the provisions of this chapter
as follows:
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(1) to determine a method for verifying the signatures on nominating petitions and
petitions in place of filing fees for the presidential primary; and
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(2) to determine the manner of paying or reimbursing the costs to the counties of
conducting the presidential primary.
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Sec. 8.
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[207A.18] REIMBURSEMENT OF ELECTION EXPENSES.
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new text begin Subdivision 1. new text end
new text begin Duties of secretary of state. new text end
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The secretary of state shall reimburse
the counties and municipalities for expenses incurred in the administration of the
presidential primary from the funds appropriated by the legislature for this purpose, as
provided in this section. Up to $7,500 of the appropriation for reimbursement of election
expenses may be retained by the secretary of state to administer the reimbursement
program.
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new text begin Subd. 2. new text end
new text begin Reimbursable expenses. new text end
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The following expenses are eligible for
reimbursement: salaries of election judges; postage for absentee ballots; preparation of
polling places, in an amount not to exceed $25 per polling place; preparation of electronic
voting systems or lever voting machines, in an amount not to exceed $50 per precinct;
compensation of county canvassing board members; publication of the sample ballot; and
compensation for temporary staff or overtime payments.
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new text begin Subd. 3. new text end
new text begin Certification of costs. new text end
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The county auditor shall certify to the secretary
of state the costs incurred by the county for the presidential primary. The municipal
clerk shall certify to the secretary of state the costs incurred by the municipality for the
presidential primary. If the total amount certified by all units for temporary staff and
overtime payments exceeds $480,000, the secretary of state shall reduce those amounts
so that they do not exceed $480,000. The secretary of state shall provide each county
and municipality with the appropriate forms for this certification. The secretary of
state may require that the county auditor or municipal clerk provide documentation of
actual expenditures made for the presidential primary. The certification of costs must be
submitted to the secretary of state no later than 60 days after the presidential primary.
No reimbursement of expenses must be made unless the certification of costs has been
submitted as provided in this subdivision.
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new text begin Subd. 4. new text end
new text begin Apportionment of reimbursements. new text end
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If the total amount of requests for
reimbursement of expenses exceeds the total amount appropriated to the secretary of state
for this purpose, the secretary of state shall proportionately reduce the reimbursements so
that they do not exceed the amount appropriated.
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