1.1.................... moves to amend H.F. No. 1113 as follows:
1.2Page 1, after line 6 insert:

1.5Page 7, after line 2, insert:


1.8    Section 1. Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:
1.9    Subd. 2. Examination of return envelopes. Two or more election judges shall
1.10examine each return envelope and shall mark it accepted or rejected in the manner
1.11provided in this subdivision. If a ballot has been prepared under section 204B.12,
1.12subdivision 2a , or 204B.41, the election judges shall not begin removing ballot envelopes
1.13from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
1.14an absentee ballot board established under section 203B.13.
1.15The election judges shall mark the return envelope "Accepted" and initial or sign
1.16the return envelope below the word "Accepted" if the election judges or a majority
1.17of them are satisfied that:
1.18(1) the voter's name and address on the return envelope are the same as the
1.19information provided on the absentee ballot application;
1.20(2) the voter's signature on the return envelope is the genuine signature of the
1.21individual who made the application for ballots and the certificate has been completed as
1.22prescribed in the directions for casting an absentee ballot, except that if a person other
1.23than the voter applied for the absentee ballot under applicable Minnesota Rules, the
1.24signature is not required to match;
1.25(3) the voter is registered and eligible to vote in the precinct or has included a
1.26properly completed voter registration application in the return envelope; and
2.1(4) the voter has not already voted at that election, either in person or by absentee
2.2ballot.
2.3There is no other reason for rejecting an absentee ballot. In particular, failure to
2.4place the ballot within the security envelope before placing it in the outer white envelope
2.5is not a reason to reject an absentee ballot.
2.6The return envelope from accepted ballots must be preserved and returned to the
2.7county auditor.
2.8If all or a majority of the election judges examining return envelopes find that
2.9an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
2.10(4), they shall mark the return envelope "Rejected," initial or sign it below the word
2.11"Rejected," and return it to the county auditor.

2.12    Sec. 2. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
2.13    Subd. 2. Candidates seeking nomination by primary. No individual who
2.14seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
2.15for the same office by nominating petition, except as otherwise provided for partisan
2.16offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13,
2.17subdivision 4 .

2.18    Sec. 3. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
2.19    Subd. 3. Nomination for nonpartisan office. No individual shall be nominated
2.20by nominating petition for any nonpartisan office except in the event of a vacancy in
2.21nomination as provided in section 204B.13.

2.22    Sec. 4. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
2.23    Subdivision 1. Form of petition. A nominating petition may consist of one or more
2.24separate pages each of which shall state:
2.25(a) the office sought;
2.26(b) the candidate's name and residence address, including street and number if
2.27any; and
2.28(c) the candidate's political party or political principle expressed in not more than
2.29three words. No candidate who files for a partisan office by nominating petition shall use
2.30the term "nonpartisan" as a statement of political principle or the name of the candidate's
2.31political party. No part of the name of a major political party may be used to designate the
2.32political party or principle of a candidate who files for a partisan office by nominating
2.33petition, except that the word "independent" may be used to designate the party or
2.34principle. A candidate who files by nominating petition to fill a vacancy in nomination for
3.1a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
3.2the name of any political party on the petition.

3.3    Sec. 5. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
3.4    Subdivision 1. Candidates in state and county general elections. (a) Except as
3.5otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
3.6for county, state, and federal offices filled at the state general election shall be filed not
3.7more than 70 days nor less than 56 days before the state primary. The affidavit may
3.8be prepared and signed at any time between 60 days before the filing period opens and
3.9the last day of the filing period.
3.10    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
3.11signed in the presence of a notarial officer or an individual authorized to administer oaths
3.12under section 358.10.
3.13    (c) This provision does not apply to candidates for presidential elector nominated by
3.14major political parties. Major party candidates for presidential elector are certified under
3.15section 208.03. Other candidates for presidential electors may file petitions on or before
3.16the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
3.17in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
3.18be accepted later than 5:00 p.m. on the last day for filing.
3.19    (d) Affidavits and petitions for county offices must be filed with the county auditor
3.20of that county. Affidavits and petitions for federal offices must be filed with the secretary
3.21of state. Affidavits and petitions for state offices must be filed with the secretary of state or
3.22with the county auditor of the county in which the candidate resides.
3.23    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
3.24by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
3.25must be received by 5:00 p.m. on the last day for filing.

3.26    Sec. 6. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
3.27    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
3.28candidacy, a candidate may present a petition in place of the filing fee. The petition may
3.29be signed by any individual eligible to vote for the candidate. A nominating petition filed
3.30pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of
3.31a filing fee if the nominating petition includes a prominent statement informing the signers
3.32of the petition that it will be used for that purpose.
3.33The number of signatures on a petition in place of a filing fee shall be as follows:
3.34(a) for a state office voted on statewide, or for president of the United States, or
3.35United States senator, 2,000;
4.1(b) for a congressional office, 1,000;
4.2(c) for a county or legislative office, or for the office of district judge, 500; and
4.3(d) for any other office which requires a filing fee as prescribed by law, municipal
4.4charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
4.5votes cast in the municipality, ward, or other election district at the preceding general
4.6election at which that office was on the ballot.
4.7An official with whom petitions are filed shall make sample forms for petitions in
4.8place of filing fees available upon request.

4.9    Sec. 7. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
4.10    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
4.11manner provided by this section. A vacancy in nomination exists when:
4.12(a) (1) a major political party candidate or nonpartisan candidate who was nominated
4.13at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
4.14subdivision 2a ; or
4.15(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or
4.16files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. (2) a major
4.17political party candidate for state constitutional office or the candidate's legal guardian
4.18files an affidavit of vacancy at least one day prior to the general election with the same
4.19official who received the affidavit of candidacy that states that:
4.20(i) the candidate has a catastrophic illness that was diagnosed after the deadline
4.21for withdrawal; and
4.22(ii) the candidate's illness will permanently and continuously incapacitate the
4.23candidate and prevent the candidate from performing the duties of the office sought.
4.24The affidavit must be accompanied by a certificate verifying that the candidate's
4.25illness meets the requirements of this clause, signed by at least two licensed physicians.

4.26    Sec. 8. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
4.27    Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for
4.28partisan office shall be filled as provided in this subdivision effectively remove that office
4.29from the ballot. Votes cast at the general election for that office are invalid and the office
4.30must be filled in a special election held in accordance with section 204D.17, except as
4.31provided by this section.
4.32Except for the vacancy in nomination, all other candidates whose names would have
4.33appeared on the general election ballot for this race must appear on the special election
4.34ballot for this race. There must not be a primary to fill the vacancy in nomination.
5.1A major political party has the authority to fill a vacancy in nomination of that
5.2party's candidate by filing a nomination certificate with the same official who received
5.3the affidavits of candidacy for that office.
5.4(b) A major political party may provide in its governing rules a procedure, including
5.5designation of an appropriate committee, to fill vacancies in nomination for all federal
5.6and state offices elected statewide. The nomination certificate shall be prepared under the
5.7direction of and executed by the chair and secretary of the political party and filed within
5.8seven days after the vacancy in nomination occurs or before the 14th day before the
5.9general election, whichever is sooner. If the vacancy in nomination occurs through the
5.10candidate's death or catastrophic illness, the nomination certificate must be filed within
5.11seven days after the vacancy in nomination occurs but no later than four days before
5.12the general election. The chair and secretary when filing the certificate shall attach an
5.13affidavit stating that the newly nominated candidate has been selected under the rules of
5.14the party and that the individuals signing the certificate and making the affidavit are the
5.15chair and secretary of the party.

5.16    Sec. 9. Minnesota Statutes 2008, section 204B.13, is amended by adding a subdivision
5.17to read:
5.18    Subd. 7. Date of special election. The special election must be held on the second
5.19Tuesday in December.

5.20    Sec. 10. Minnesota Statutes 2008, section 204B.13, is amended by adding a
5.21subdivision to read:
5.22    Subd. 8. Absentee voters. All applicants for absentee ballots for the general
5.23election must be sent ballots for the special election, without submission of a new absentee
5.24ballot application.

5.25    Sec. 11. REPEALER.
5.26Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
5.274, 5, and 6; 204B.41; and 204D.169, are repealed."