1.1.................... moves to amend H.F. No. 2552 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
1.4    Subd. 6. Distribution of party accounts. As soon as the board has obtained from
1.5the secretary of state the results of the primary election, but no later than one week after
1.6certification by the State Canvassing Board of the results of the primary, the board must
1.7distribute the available money in each party account, as certified by the commissioner of
1.8revenue on September 1 one week before the state primary, to the candidates of that party
1.9who have signed a spending limit agreement under section 10A.322 and filed the affidavit
1.10of contributions required by section 10A.323, who were opposed in either the primary
1.11election or the general election, and whose names are to appear on the ballot in the general
1.12election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
1.13from the party account may not be paid in an amount greater than the expenditure limit
1.14of the candidate or the expenditure limit that would have applied to the candidate if the
1.15candidate had not been freed from expenditure limits under section 10A.25, subdivision
1.1610 . If a candidate files the affidavit required by section 10A.323 after September 1 of the
1.17general election year, the board must pay the candidate's allocation to the candidate at the
1.18next regular payment date for public subsidies for that election cycle that occurs at least
1.1915 days after the candidate files the affidavit.

1.20    Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read:
1.2110A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
1.22    Subdivision 1. Calculation and certification of estimates. The commissioner of
1.23revenue must calculate and certify to the board one week before July 1 the first day for
1.24filing for office in each election year an estimate of the total amount in the state general
1.25account of the state elections campaign fund and the amount of money each candidate
2.1who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
2.2candidate's party account in the state elections campaign fund. This estimate must be
2.3based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
2.4necessary vote totals provided by the secretary of state to apply the formulas in section
2.510A.31, subdivisions 5 and 5a , and the amount of money expected to be available after
2.6100 percent of the tax returns have been processed.
2.7    Subd. 2. Publication, certification, and notification procedures. Before the
2.8first day of filing for office, the board must publish and forward to all filing officers
2.9the estimates calculated and certified under subdivision 1 along with a copy of section
2.1010A.25, subdivision 10 . Within seven days one week after the last day for filing for
2.11office, the secretary of state must certify to the board the name, address, office sought, and
2.12party affiliation of each candidate who has filed with that office an affidavit of candidacy
2.13or petition to appear on the ballot. The auditor of each county must certify to the board
2.14the same information for each candidate who has filed with that county an affidavit of
2.15candidacy or petition to appear on the ballot. By August 15 Within two weeks after the last
2.16day for filing for office, the board must notify all candidates of their estimated minimum
2.17amount. The board must include with the notice a form for the agreement provided in
2.18section 10A.322 along with a copy of section 10A.25, subdivision 10.

2.19    Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
2.20    Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public
2.21subsidy, a candidate must sign and file with the board a written agreement in which the
2.22candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
2.2310 ; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.
2.24    (b) Before the first day of filing for office, the board must forward agreement forms
2.25to all filing officers. The board must also provide agreement forms to candidates on
2.26request at any time. The candidate must file the agreement with the board by September 1
2.27preceding the candidate's general election or a special election held at the general election
2.28at least three weeks before the candidate's state primary. An agreement may not be filed
2.29after that date. An agreement once filed may not be rescinded.
2.30    (c) The board must notify the commissioner of revenue of any agreement signed
2.31under this subdivision.
2.32    (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
2.33of a special election and the filing period does not coincide with the filing period for the
2.34general election, a candidate may sign and submit a spending limit agreement not later
3.1than the day after the candidate files the affidavit of candidacy or nominating petition
3.2for the office.

3.3    Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read:
3.410A.323 AFFIDAVIT OF CONTRIBUTIONS.
3.5    In addition to the requirements of section 10A.322, to be eligible to receive a public
3.6subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
3.7with the board stating that during that calendar year between January 1 of the election
3.8year and the cutoff date for transactions included in the report of receipts and expenditures
3.9due before the primary election the candidate has accumulated contributions from persons
3.10eligible to vote in this state in at least the amount indicated for the office sought, counting
3.11only the first $50 received from each contributor:
3.12    (1) candidates for governor and lieutenant governor running together, $35,000;
3.13    (2) candidates for attorney general, $15,000;
3.14    (3) candidates for secretary of state and state auditor, separately, $6,000;
3.15    (4) candidates for the senate, $3,000; and
3.16    (5) candidates for the house of representatives, $1,500.
3.17    The affidavit must state the total amount of contributions that have been received
3.18from persons eligible to vote in this state, disregarding the portion of any contribution in
3.19excess of $50.
3.20    The candidate or the candidate's treasurer must submit the affidavit required by this
3.21section to the board in writing by the cutoff date deadline for reporting of receipts and
3.22expenditures before a primary under section 10A.20, subdivision 4.
3.23    A candidate for a vacancy to be filled at a special election for which the filing period
3.24does not coincide with the filing period for the general election must submit the affidavit
3.25required by this section to the board within five days after filing the affidavit of candidacy.

3.26    Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read:
3.27    Subdivision 1. Printing and delivery of forms. Each county auditor and municipal
3.28clerk shall prepare and print a sufficient number of blank application forms for absentee
3.29ballots. The county auditor or municipal clerk shall deliver a blank application form to
3.30any voter who requests one pursuant to section 203B.04. Blank application forms must be
3.31mailed to eligible voters who have requested an application pursuant to section 203B.04,
3.32subdivision 5 or 6, at least 60 days before:
3.33(1) each regularly scheduled primary for federal, state, county, city, or school board
3.34office;
4.1(2) each regularly scheduled general election for city or school board office for
4.2which a primary is not held; and
4.3(3) a special primary to fill a federal office vacancy or special election to fill a
4.4federal office vacancy, if no major party has more than one candidate after the time for
4.5withdrawal has expired;
4.6or at least 45 days before any other primary or other election for which a primary is not
4.7held.

4.8    Sec. 6. Minnesota Statutes 2008, section 203B.081, is amended to read:
4.9203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
4.10    An eligible voter may vote by absentee ballot in the office of the county auditor and
4.11at any other polling place designated by the county auditor during the 46 days before a
4.12regularly scheduled election for federal, state, county, city, or school board office or a
4.13special election for a federal office, and during the 30 days before the any other election
4.14in the office of the county auditor and at any other polling place designated by the county
4.15auditor. The county auditor shall make such designations at least 90 days 14 weeks before
4.16the election. At least one voting booth in each polling place must be made available by the
4.17county auditor for this purpose. The county auditor must also make available at least one
4.18electronic ballot marker in each polling place that has implemented a voting system that is
4.19accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

4.20    Sec. 7. Minnesota Statutes 2008, section 203B.11, subdivision 2, is amended to read:
4.21    Subd. 2. Twenty Thirty days before an election. During the 20 30 days preceding
4.22an election, the election judges shall deliver absentee ballots only to an eligible voter who
4.23has applied for absentee ballots to the county auditor or municipal clerk under section
4.24203B.04, subdivision 1 .

4.25    Sec. 8. Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read:
4.26    Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot
4.27envelopes and accept or reject absentee ballots in the manner provided in section 203B.12.
4.28    The absentee ballot board may begin the process of examining the return envelopes
4.29and marking them "accepted" or "rejected" at any time during the 30 45 days before
4.30the election. If an envelope has been rejected at least five days before the election, the
4.31ballots in the envelope must be considered spoiled ballots and the official in charge of
4.32the absentee ballot board shall provide the voter with a replacement absentee ballot and
4.33return envelope in place of the spoiled ballot.

5.1    Sec. 9. Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:
5.2    Subdivision 1. Submission of application. (a) An application for absentee ballots
5.3for a voter described in section 203B.16 may be submitted in writing or by electronic
5.4facsimile device, or by electronic mail upon determination by the secretary of state that
5.5security concerns have been adequately addressed. An application for absentee ballots
5.6for a voter described in section 203B.16 may be submitted by that voter or by that voter's
5.7parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an
5.8application under this subdivision, a person's Social Security number, no matter how it
5.9is designated, qualifies as the person's military identification number if the person is
5.10in the military.
5.11(b) An application for a voter described in section 203B.16, subdivision 1, shall be
5.12submitted to the county auditor of the county where the voter maintains residence.
5.13(c) An application for a voter described in section 203B.16, subdivision 2, shall be
5.14submitted to the county auditor of the county where the voter last maintained residence
5.15in Minnesota.
5.16(d) An application for absentee ballots shall be valid for any primary, special
5.17primary, general election, or special election from the time the application is received
5.18through the next two regularly scheduled general elections for federal office held after the
5.19date on which the application is received end of that calendar year.
5.20(e) There shall be no limitation of time for filing and receiving applications for
5.21ballots under sections 203B.16 to 203B.27.

5.22    Sec. 10. Minnesota Statutes 2008, section 203B.22, is amended to read:
5.23203B.22 MAILING TRANSMITTING BALLOTS.
5.24    The county auditor shall mail transmit the appropriate ballots, as promptly as
5.25possible, to an absent voter whose application has been recorded under section 203B.19.
5.26If the county auditor determines that a voter is not eligible to vote at the primary but
5.27will be eligible to vote at the general election, only general election ballots shall be
5.28mailed transmitted. Only one set of ballots shall be mailed transmitted to any applicant
5.29for any election, except that the county auditor may mail transmit a replacement ballot
5.30to a voter whose ballot has been spoiled or lost in transit or whose mailing address has
5.31changed after the date on which the original application was submitted as confirmed by
5.32the county auditor. Ballots to be sent outside the United States shall be given priority in
5.33mailing transmission. A county auditor may make use of any special service provided
5.34by the United States government for the mailing transmission of voting materials under
5.35sections 203B.16 to 203B.27.

6.1    Sec. 11. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:
6.2    Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter
6.3described in section 203B.16 may include in an application for absentee ballots a request
6.4that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
6.5of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
6.6of a properly completed application requesting electronic transmission, the county auditor
6.7shall electronically transmit the requested materials to the voter. The county auditor is not
6.8required to provide return postage to voters to whom ballots are transmitted electronically.

6.9    Sec. 12. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
6.10    Subd. 2. Duties. The absentee ballot board must examine all returned absentee
6.11ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
6.12the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
6.13eligibility is not printed on the return or administrative envelope, the certificate must
6.14be attached to the ballot secrecy envelope.
6.15    The absentee ballot board must immediately examine the return envelopes and mark
6.16them "accepted" or "rejected" during the 30 45 days before the election. If an envelope
6.17has been rejected at least five days before the election, the ballots in the envelope must
6.18be considered spoiled ballots and the official in charge of the absentee ballot board must
6.19provide the voter with a replacement absentee ballot and return envelope in place of
6.20the spoiled ballot.

6.21    Sec. 13. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
6.22    Subdivision 1. Candidates in state and county general elections. (a) Except as
6.23otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
6.24for county, state, and federal offices filled at the state general election shall be filed not
6.25more than 70 84 days nor less than 56 70 days before the state primary. The affidavit may
6.26be prepared and signed at any time between 60 days before the filing period opens and
6.27the last day of the filing period.
6.28    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
6.29signed in the presence of a notarial officer or an individual authorized to administer oaths
6.30under section 358.10.
6.31    (c) This provision does not apply to candidates for presidential elector nominated
6.32by major political parties. Major party candidates for presidential elector are certified
6.33under section 208.03. Other candidates for presidential electors may file petitions on
6.34or before the state primary at least 77 days before the general election day pursuant to
7.1section 204B.07. Nominating petitions to fill vacancies in nominations shall be filed as
7.2provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m.
7.3on the last day for filing.
7.4    (d) Affidavits and petitions for county offices must be filed with the county auditor
7.5of that county. Affidavits and petitions for federal offices must be filed with the secretary
7.6of state. Affidavits and petitions for state offices must be filed with the secretary of state or
7.7with the county auditor of the county in which the candidate resides.
7.8    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
7.9by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
7.10must be received by 5:00 p.m. on the last day for filing.

7.11    Sec. 14. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
7.12    Subd. 2. Separate precincts; combined polling place. (a) The following shall
7.13constitute at least one election precinct:
7.14(1) each city ward; and
7.15(2) each town and each statutory city.
7.16(b) A single, accessible, combined polling place may be established no later than
7.17June May 1 of any year:
7.18(1) for any city of the third or fourth class, any town, or any city having territory in
7.19more than one county, in which all the voters of the city or town shall cast their ballots;
7.20(2) for two contiguous precincts in the same municipality that have a combined
7.21total of fewer than 500 registered voters;
7.22(3) for up to four contiguous municipalities located entirely outside the metropolitan
7.23area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
7.24(4) for noncontiguous precincts located in one or more counties.
7.25A copy of the ordinance or resolution establishing a combined polling place must
7.26be filed with the county auditor within 30 days after approval by the governing body. A
7.27polling place combined under clause (3) must be approved by the governing body of each
7.28participating municipality. A polling place combined under clause (4) must be approved
7.29by the governing body of each participating municipality and the secretary of state and
7.30may be located outside any of the noncontiguous precincts. A municipality withdrawing
7.31from participation in a combined polling place must do so by filing a resolution of
7.32withdrawal with the county auditor no later than May April 1 of any year.
7.33The secretary of state shall provide a separate polling place roster for each precinct
7.34served by the combined polling place. A single set of election judges may be appointed
7.35to serve at a combined polling place. The number of election judges required must be
8.1based on the total number of persons voting at the last similar election in all precincts to
8.2be voting at the combined polling place. Separate ballot boxes must be provided for the
8.3ballots from each precinct. The results of the election must be reported separately for each
8.4precinct served by the combined polling place, except in a polling place established under
8.5clause (2) where one of the precincts has fewer than ten registered voters, in which case the
8.6results of that precinct must be reported in the manner specified by the secretary of state.

8.7    Sec. 15. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
8.8    Subd. 4. Boundary change procedure. Any change in the boundary of an election
8.9precinct shall must be adopted at least 90 days before the date of the next election and,
8.10for the state primary and general election, no later than June May 1 in the year of the
8.11state general election. The precinct boundary change shall not take effect until notice of
8.12the change has been posted in the office of the municipal clerk or county auditor for at
8.13least 60 days.
8.14The county auditor must publish a notice illustrating or describing the congressional,
8.15legislative, and county commissioner district boundaries in the county in one or more
8.16qualified newspapers in the county at least 14 days prior to before the first day to file
8.17affidavits of candidacy for the state general election in the year ending in two.
8.18Alternate dates for adopting changes in precinct boundaries, posting notices
8.19of boundary changes, and notifying voters affected by boundary changes pursuant
8.20to this subdivision, and procedures for coordinating precinct boundary changes with
8.21reestablishing local government election district boundaries may be established in the
8.22manner provided in the rules of the secretary of state.

8.23    Sec. 16. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
8.24    Subdivision 1. Appointment lists; duties of political parties and county auditor.
8.25    On June 1 Within two weeks after the precinct caucuses in a year in which there is an
8.26election for a partisan political office, the county or legislative district chairs of each major
8.27political party, whichever is designated by the state party, shall prepare a list of eligible
8.28voters to act as election judges in each election precinct in the county or legislative
8.29district. The chairs shall furnish the lists to the county auditor of the county in which the
8.30precinct is located.
8.31    By June 15 Within four weeks after the precinct caucuses, the county auditor shall
8.32furnish to the appointing authorities a list of the appropriate names for each election
8.33precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by
8.34the county auditor for each major political party.

9.1    Sec. 17. Minnesota Statutes 2008, section 204B.33, is amended to read:
9.2204B.33 NOTICE OF FILING.
9.3(a) Between June 1 and July 1 in each even-numbered year At least 15 weeks before
9.4the state primary, the secretary of state shall notify each county auditor of the offices to be
9.5voted for in that county at the next state general election for which candidates file with the
9.6secretary of state. The notice shall include the time and place of filing for those offices.
9.7Within ten days after notification by the secretary of state, each county auditor shall notify
9.8each municipal clerk in the county of all the offices to be voted for in the county at that
9.9election and the time and place for filing for those offices. The county auditors and
9.10municipal clerks shall promptly post a copy of that notice in their offices.
9.11(b) At least two weeks before the first day to file an affidavit of candidacy, the
9.12county auditor shall publish a notice stating the first and last dates on which affidavits of
9.13candidacy may be filed in the county auditor's office and the closing time for filing on the
9.14last day for filing. The county auditor shall post a similar notice at least ten days before
9.15the first day to file affidavits of candidacy.

9.16    Sec. 18. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
9.17    Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a
9.18regularly scheduled election for federal, state, county, city, or school board office or a
9.19special election for federal office, and at least 30 days before any other election, ballots
9.20necessary to fill applications of absentee voters shall be prepared and delivered at least 30
9.21days before the election to the officials who administer the provisions of chapter 203B.
9.22This section applies to school district elections held on the same day as a statewide
9.23election or an election for a county or municipality located partially or wholly within
9.24the school district.

9.25    Sec. 19. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
9.26    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
9.27given at least six weeks prior to the election. Not more than 46 days nor later than 14 days
9.28before a regularly scheduled election for federal, state, county, city, or school board office
9.29or a special election for federal office and not more than 30 days nor later than 14 days
9.30prior to the before any other election, the auditor shall mail ballots by nonforwardable mail
9.31to all voters registered in the town or unorganized territory. No later than 14 days before
9.32the election, the auditor must make a subsequent mailing of ballots to those voters who
9.33register to vote after the initial mailing but before the 20th day before the election. Eligible
9.34voters not registered at the time the ballots are mailed may apply for ballots as provided in
10.1chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed
10.2to the auditor or clerk and the voter may return the ballot by mail or in person to the office
10.3of the auditor or clerk. The auditor or clerk may appoint election judges to examine the
10.4return envelopes and mark them "accepted" or "rejected" during the 30 45 days before the
10.5election. If an envelope has been rejected at least five days before the election, the ballots
10.6in the envelope must be considered spoiled ballots and the auditor or clerk shall provide
10.7the voter with a replacement ballot and return envelope in place of the spoiled ballot. The
10.8costs of the mailing shall be paid by the election jurisdiction in which the voter resides.
10.9Any ballot received by 8:00 p.m. on the day of the election must be counted.

10.10    Sec. 20. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:
10.11    Subd. 3. Secretary of state. On or before July 1 of No later than ten weeks before
10.12the state primary in each even-numbered year, the secretary of state shall prescribe the
10.13form for summary statements of election returns and the methods by which returns for the
10.14state primary and state general election shall be recorded by precinct, county, and state
10.15election officials. Each county auditor and municipal or school district clerk required to
10.16furnish summary statements shall prepare them in the manner prescribed by the secretary
10.17of state. The summary statement of the primary returns shall be in the same form as
10.18the summary statement of the general election returns except that a separate part of the
10.19summary statement shall be provided for the partisan primary ballot and a separate part for
10.20the nonpartisan primary ballot.

10.21    Sec. 21. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
10.22    Subdivision 1. State primary. The state primary shall be held on the first second
10.23Tuesday after the second Monday in September in August in each even-numbered year to
10.24select the nominees of the major political parties for partisan offices and the nominees for
10.25nonpartisan offices to be filled at the state general election, other than presidential electors.

10.26    Sec. 22. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read:
10.27    Subdivision 1. Example ballot. (a) No later than June 1 May 1 of each year, the
10.28secretary of state shall supply each auditor with a copy of an example ballot. The example
10.29ballot must illustrate the format required for the ballots used in the primary and general
10.30elections that year.
10.31(b) The county auditor shall distribute copies of the example ballot to municipal and
10.32school district clerks in municipalities and school districts holding elections that year. The
10.33official ballot must conform in all respects to the example ballot.

11.1    Sec. 23. Minnesota Statutes 2008, section 204D.17, is amended to read:
11.2204D.17 REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE
11.3REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
11.4    Subdivision 1. Special elections; exceptions. A vacancy in the office of
11.5representative in Congress or state senator or state representative shall be filled for the
11.6unexpired term by special election upon the writ of the governor as provided in sections
11.7204D.17 to 204D.27; except that if Congress or the legislature will not be in session before
11.8the expiration of the vacant term no special election is required.
11.9    Subd. 2. Two or more vacancies. Two or more vacancies may be filled at the same
11.10special election and the candidates may be nominated at the same special primary. Any
11.11special primary or special election held pursuant to sections 204D.17 to 204D.27 may be
11.12held on the same day as any other election.

11.13    Sec. 24. Minnesota Statutes 2008, section 204D.19, is amended to read:
11.14204D.19 SPECIAL ELECTIONS; WHEN HELD.
11.15    Subdivision 1. Vacancy filled at general election. When a vacancy occurs more
11.16than 150 days before the next state general election, and the Congress or the legislature
11.17will not be in session before the final canvass of the state general election returns, the
11.18vacancy shall be filled at the next state general election.
11.19    Subd. 2. Special election when Congress or legislature will be in session. Except
11.20for vacancies in the legislature which occur at any time between the last day of session
11.21in an odd-numbered year and the 40th day prior to the opening day of session in the
11.22succeeding even-numbered year, when a vacancy occurs and the Congress or legislature
11.23will be in session so that the individual elected as provided by this section could take office
11.24and exercise the duties of the office immediately upon election, the governor shall issue
11.25within five days after the vacancy occurs a writ calling for a special election. The special
11.26election shall be held as soon as possible, consistent with the notice requirements of section
11.27204D.22, subdivision 3 , but in no event more than 35 days after the issuance of the writ.
11.28    Subd. 3. Special election at other times. When a vacancy occurs at a time other
11.29than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a
11.30special election to be held so that the individual elected may take office at the opening of
11.31the next session of the Congress or of the legislature, or at the reconvening of a session of
11.32the Congress or of the legislature.
11.33    Subd. 4. Writ when vacancy results from election contest. If a vacancy results
11.34from a successful election contest, the governor shall issue 22 days after the first day of
11.35the legislative session a writ calling for a special election unless the house in which the
12.1contest may be tried has passed a resolution which states that it will or will not review
12.2the court's determination of the contest. If the resolution states that the house will not
12.3review the court's determination, the writ shall be issued within five days of the passage of
12.4the resolution.

12.5    Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
12.6    Subd. 5. Regular state primary. "Regular state primary" means:
12.7(a) the state primary at which candidates are nominated for offices elected at the
12.8state general election; or
12.9(b) a primary held four weeks before the first on the second Tuesday after the first
12.10Monday in November in August of odd-numbered years.

12.11    Sec. 26. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
12.12    Subd. 6. Special election required; exception; when held. Every vacancy shall be
12.13filled for the remainder of the term by a special election held pursuant to this subdivision;
12.14except that no special election shall be held in the year before the term expires.
12.15The special election shall be held at the next November election if the vacancy
12.16occurs at least six 11 weeks before the regular state primary preceding that election. If
12.17the vacancy occurs less than six 11 weeks before the regular state primary preceding
12.18the next November election, the special election shall be held at the second November
12.19election after the vacancy occurs.

12.20    Sec. 27. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
12.21    Subd. 8. Notice of special election. The secretary of state shall issue an official
12.22notice of any special election required to be held pursuant to this section not later than
12.23ten 16 weeks before the special primary, except that if the vacancy occurs ten 16 weeks or
12.24less before the special primary, the secretary of state shall issue the notice no later than
12.25two days after the vacancy occurs. The notice shall state the office to be filled, the opening
12.26and closing dates for filing of candidacy and the dates of the special primary and special
12.27election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
12.28generally to special elections, this notice shall be used in place of the writ of the governor.

12.29    Sec. 28. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
12.30    Subd. 9. Filing by candidates. The time for filing of affidavits and nominating
12.31petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before
13.1the special primary or on the day the secretary of state issues notice of the special election,
13.2whichever occurs later. Filings shall close four ten weeks before the special primary.

13.3    Sec. 29. Minnesota Statutes 2008, section 204D.28, subdivision 10, is amended to read:
13.4    Subd. 10. United States senator; candidates; designation of term. When the
13.5names of candidates for both offices of United States senator are required to be placed on
13.6the same ballot, the expiration date of the term of each office shall be printed on the ballot
13.7opposite the name of each candidate for nomination or election to that office.

13.8    Sec. 30. [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.
13.9    Subdivision 1. Scope; definition. (a) A vacancy in the office of representative in
13.10Congress must be filled as specified in this section.
13.11(b) "Vacancy," as used in this section, means a vacancy in the office of representative
13.12in Congress.
13.13    Subd. 2. Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs
13.1427 weeks or more before the state primary, the governor must issue a writ within three
13.15days of the vacancy for a special election for that office to be held between 20 and 24
13.16weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary
13.17must be held 11 weeks before the special election if any major party has more than one
13.18candidate after the time for withdrawal has expired.
13.19(b) The filing period for a special election under this subdivision must end on or
13.20before the 131st day before the special election. Minor party and independent candidates
13.21must submit their petitions by the last day for filing and signatures on the petitions must be
13.22dated from the date of the vacancy through the last day for filing. There must be a one-day
13.23period for withdrawal of candidates after the last day for filing.
13.24    Subd. 3. Vacancy more than 22 weeks but fewer than 27 weeks before state
13.25primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the
13.26state primary, the governor must issue a writ within three days of the vacancy for a special
13.27election for that office to be held on the day of the state primary with a special primary
13.28held 11 weeks before the state primary, if any major party has more than one candidate
13.29after the time for withdrawal has expired. The regularly scheduled election to fill the
13.30next full term shall proceed pursuant to law.
13.31(b) The filing period for a special election under this subdivision must end on or
13.32before the 147th day before the state primary. Minor party and independent candidates
13.33must submit their petitions by the last day for filing and signatures on the petitions must be
13.34dated from the date of the vacancy through the last day for filing. There must be a one-day
14.1period for withdrawal of candidates after the last day for filing. Candidates for a special
14.2election under this subdivision are not subject to the prohibition in section 204B.06 against
14.3having more than one affidavit of candidacy on file for the same election.
14.4(c) The winner of a special election on the day of the state primary under this
14.5subdivision shall serve the remainder of the vacant term and is eligible to be seated
14.6in Congress upon issuance of the certificate of election. The winner of the regularly
14.7scheduled term for that office at the general election shall take office on the day new
14.8members of Congress take office.
14.9    Subd. 4. Vacancy 22 or fewer weeks before state primary but before general
14.10election day. (a) If a vacancy occurs from 22 weeks before the state primary to the day
14.11before the general election, no special election will be held. The winner of the general
14.12election for the next full term for that office will serve the remainder of the unexpired term
14.13and is eligible to be seated in Congress immediately upon issuance of a certificate of
14.14election.
14.15(b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of
14.16a major political party and was nominated for the general election ballot by that party and
14.17a vacancy occurs from the day of the state primary until the date of the general election,
14.18there is a vacancy in nomination to be resolved pursuant to section 204B.13.
14.19    Subd. 5. Vacancy on or after election day and before the day new members of
14.20Congress take office. (a) If a vacancy occurs between the day of the general election and
14.21the day new members of Congress take office and the incumbent was not the winner of
14.22the general election, the winner of the general election for the next full term for that
14.23office is eligible to be seated in Congress immediately upon issuance of a certificate of
14.24election or the vacancy, whichever occurs last.
14.25(b) If a vacancy occurs on or after election day but before the day new members
14.26of Congress take office and the incumbent was the winner of the general election, the
14.27vacancy must be filled pursuant to subdivision 2.

14.28    Sec. 31. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:
14.29    Subdivision 1. Establishing primary. A municipal primary for the purpose of
14.30nominating elective officers may be held in any city on the first second Tuesday after the
14.31second Monday in September in August of any year in which a municipal general election
14.32is to be held for the purpose of electing officers.

14.33    Sec. 32. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
15.1    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
15.2or resolution adopted at least three months before the next by April 15 in the year when
15.3a municipal general election is held, elect to choose nominees for municipal offices by
15.4a primary as provided in this section. The resolution or ordinance, when adopted, is
15.5effective for all ensuing municipal elections until it is revoked. The municipal clerk shall
15.6notify the secretary of state and the county auditor within 30 days after the adoption of the
15.7resolution or ordinance.

15.8    Sec. 33. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
15.9    Subd. 1a. Filing period. In municipalities a city nominating candidates at a
15.10municipal primary, an affidavit of candidacy for a city office or town office voted on in
15.11November must be filed not no more than 70 84 days nor less than 56 70 days before the
15.12first Tuesday after the second Monday in September preceding the municipal general
15.13election city primary. In all other municipalities that do not hold a primary, an affidavit of
15.14candidacy must be filed not no more than 70 days and not less than 56 days before the
15.15municipal general election held in March in any year, or a special election not held in
15.16conjunction with another election, and no more than 91 days nor less than 77 days before
15.17the municipal general election held in November of any year.

15.18    Sec. 34. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:
15.19    Subd. 4. Notice to auditor. At least 53 74 days prior to before every municipal
15.20election held in connection with a regularly scheduled election for federal, state, county,
15.21city, or school board office or a special election for federal office, and at least 53 days
15.22before any other municipal election, the municipal clerk shall provide a written notice
15.23to the county auditor, including the date of the election, the offices to be voted on at the
15.24election, and the title and language for each ballot question to be voted on at the election.
15.25Not less than 46 At least 74 days before the a regularly scheduled election for federal,
15.26state, county, city, or school board office or a special election for federal office, and at least
15.2746 days before any other election, the municipal clerk must provide written notice to the
15.28county auditor of any special election canceled under section 205.10, subdivision 6.

15.29    Sec. 35. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read:
15.30    Subd. 5. Notice to secretary of state. At least 46 74 days prior to before every
15.31municipal election held in conjunction with a regularly scheduled election for federal,
15.32state, county, city, or school board office or a special election for federal office, and at least
15.3346 days before any other municipal election for which a notice is provided to the county
16.1auditor under subdivision 4, the county auditor shall provide a notice of the election to the
16.2secretary of state, in a manner and including information prescribed by the secretary of
16.3state.

16.4    Sec. 36. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
16.5    Subdivision 1. Resolution requiring primary in certain circumstances. The
16.6school board of a school district may, by resolution adopted by June 1 April 15 of any
16.7year, decide to choose nominees for school board by a primary as provided in this section.
16.8The resolution, when adopted, is effective for all ensuing elections of board members in
16.9that school district until it is revoked. If the board decides to choose nominees by primary
16.10and if there are more than two candidates for a specified school board position or more
16.11than twice as many school board candidates as there are at-large school board positions
16.12available, the school district must hold a primary.

16.13    Sec. 37. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
16.14    Subd. 2. Date. The school district primary must be held on the first second Tuesday
16.15after the second Monday in September in August in the year when the school district
16.16general election is held. The clerk shall give notice of the primary in the manner provided
16.17in section 205A.07.

16.18    Sec. 38. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read:
16.19    Subd. 3. Cancellation. A special election ordered by the school board on its own
16.20motion under subdivision 1 may be canceled by motion of the school board, but not less
16.21than 46 74 days before the an election held in conjunction with a regularly scheduled
16.22election for federal, state, county, city, or school board office or a special election for
16.23federal office, or 46 days before any other election.

16.24    Sec. 39. Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to read:
16.25    Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
16.26nominees for school board by a primary election, affidavits of candidacy must be filed
16.27with the school district clerk no earlier than the 70th 84th day and no later than the 56th
16.2870th day before the first second Tuesday after the second Monday in September in August
16.29in the year when the school district general election is held. In all other school districts,
16.30affidavits of candidacy must be filed no earlier than the 70th 91st day and no later than the
16.3156th 77th day before the school district general election.

17.1    Sec. 40. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:
17.2    Subd. 3. Notice to auditor. At least 53 74 days prior to before every school
17.3district election held in conjunction with a regularly scheduled election for federal, state,
17.4county, city, or school board office or a special election for federal office, and at least
17.553 days before any other school district election, the school district clerk shall provide
17.6a written notice to the county auditor of each county in which the school district is
17.7located. The notice must include the date of the election, the offices to be voted on at the
17.8election, and the title and language for each ballot question to be voted on at the election.
17.9For the purposes of meeting the timelines of this section, in a bond election, a notice,
17.10including a proposed question, may be provided to the county auditor prior to before
17.11receipt of a review and comment from the commissioner of education and prior to before
17.12actual initiation of the election. Not less than 46 74 days before the an election held in
17.13conjunction with a regularly scheduled election for federal, state, county, city, or school
17.14board office or a special election for federal office, or 46 days before any other election,
17.15the school district clerk must provide written notice to the county auditor of any special
17.16election canceled under section 205A.05, subdivision 3.

17.17    Sec. 41. Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read:
17.18    Subd. 3a. Notice to commissioner of education. At least 49 74 days prior to before
17.19 every school district election held in conjunction with a regularly scheduled election for
17.20federal, state, county, city, or school board office or a special election for federal office,
17.21and at least 49 days before any other school district election, under section 123B.62,
17.22123B.63 , 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written
17.23notice to the commissioner of education. The notice must include the date of the election
17.24and the title and language for each ballot question to be voted on at the election. Not
17.25less than 46 74 days before the every school district election held in conjunction with a
17.26regularly scheduled election for federal, state, county, city, or school board office or a
17.27special election for federal office, and at least 46 days before any other school district
17.28election, the school district clerk must provide a written notice to the commissioner of
17.29education of any special election canceled under section 205A.05, subdivision 3. The
17.30certified vote totals for each ballot question shall be provided in a written notice to the
17.31commissioner in a timely manner.

17.32    Sec. 42. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read:
17.33    Subd. 3b. Notice to secretary of state. At least 46 74 days prior to before every
17.34school district election held in conjunction with a regularly scheduled election for federal,
18.1state, county, city, or school board office or a special election for federal office, and
18.2least 46 days before any other school district election for which a notice is provided
18.3to the county auditor under subdivision 3, the county auditor shall provide a notice of
18.4the election to the secretary of state, in a manner and including information prescribed
18.5by the secretary of state.

18.6    Sec. 43. Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read:
18.7    Subd. 2a. Notice of special elections. The school district clerk shall prepare a notice
18.8to the voters who will be voting in a combined polling place for a school district special
18.9election. The notice must include the following information: the date of the election, the
18.10hours of voting, and the location of the voter's polling place. The notice must be sent by
18.11nonforwardable mail to every affected household in the school district with at least one
18.12registered voter. The notice must be mailed no later than 14 days before the election. The
18.13mailed notice is not required for a school district special election that is held on the day of
18.14the school district primary or general election, the second Tuesday following the second
18.15Monday in September August, the Tuesday following the first Monday in November, or
18.16for a special election conducted entirely by mail. In addition, the mailed notice is not
18.17required for voters residing in a township if the school district special election is held on
18.18the second Tuesday in March and the town general election is held on that day. A notice
18.19that is returned as undeliverable must be forwarded immediately to the county auditor.

18.20    Sec. 44. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:
18.21    Subd. 5. Alternation. The provisions of the election laws requiring the alternation
18.22of names of candidates must be observed as far as practicable by changing the order of the
18.23names on an electronic voting system in the various precincts so that each name appears
18.24on the machines or marking devices used in a municipality substantially an equal number
18.25of times in the first, last, and in each intermediate place in the list or group in which
18.26they belong. However, the arrangement of candidates' names must be the same on all
18.27voting systems used in the same precinct. If the number of names to be alternated exceeds
18.28the number of precincts, the election official responsible for providing the ballots, in
18.29accordance with subdivision 1, shall determine by lot the alternation of names.
18.30If an electronic ballot marker is used with a paper ballot that is not an optical scan
18.31ballot card, the manner of alternation of candidate names on the paper ballot must be as
18.32prescribed for optical scan ballots in this subdivision.
19.1The rules adopted by the secretary of state for the rotation of candidate names must
19.2use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year
19.3when the rotation will be made as the basis for determining the rotation of names.

19.4    Sec. 45. Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is
19.5amended to read:
19.6    Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
19.7system is used and the county auditor of a county in which an electronic voting system is
19.8used in more than one municipality and the county auditor of a county in which a counting
19.9center serving more than one municipality is located shall prepare a plan which indicates
19.10acquisition of sufficient facilities, computer time, and professional services and which
19.11describes the proposed manner of complying with section 206.80. The plan must be
19.12signed, notarized, and submitted to the secretary of state more than 60 days before the
19.13first election at which the municipality uses an electronic voting system. Prior to July
19.14Before May 1 of each subsequent general election year, the clerk or auditor shall submit
19.15to the secretary of state notification of any changes to the plan on file with the secretary
19.16of state. The secretary of state shall review each plan for its sufficiency and may request
19.17technical assistance from the Office of Enterprise Technology or other agency which may
19.18be operating as the central computer authority. The secretary of state shall notify each
19.19reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
19.20of the plan. The attorney general, upon request of the secretary of state, may seek a district
19.21court order requiring an election official to fulfill duties imposed by this subdivision or by
19.22rules promulgated pursuant to this section.

19.23    Sec. 46. Minnesota Statutes 2008, section 208.03, is amended to read:
19.24208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
19.25Presidential electors for the major political parties of this state shall be nominated
19.26by delegate conventions called and held under the supervision of the respective state
19.27central committees of the parties of this state. On or before primary At least 77 days
19.28before the general election day the chair of the major political party shall certify to the
19.29secretary of state the names of the persons nominated as presidential electors, the names
19.30of eight alternate presidential electors, and the names of the party candidates for president
19.31and vice president.

19.32    Sec. 47. Minnesota Statutes 2008, section 211B.045, is amended to read:
19.33211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
20.1In any municipality, whether or not the municipality has an ordinance that regulates
20.2the size or number of noncommercial signs, all noncommercial signs of any size may be
20.3posted in any number from August 1 46 days before the state primary in a state general
20.4election year until ten days following the state general election.

20.5    Sec. 48. Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read:
20.6    Subdivision 1. Proposals. The charter commission may propose amendments to
20.7such charter and shall do so upon the petition of voters equal in number to five percent of
20.8the total votes cast at the last previous state general election in the city. Proposed charter
20.9amendments must be submitted at least 12 17 weeks before the general election. Only
20.10registered voters are eligible to sign the petition. All petitions circulated with respect to a
20.11charter amendment shall be uniform in character and shall have attached thereto the text
20.12of the proposed amendment in full; except that in the case of a proposed amendment
20.13containing more than 1,000 words, a true and correct copy of the same may be filed with
20.14the city clerk, and the petition shall then contain a summary of not less than 50 nor
20.15more than 300 words setting forth in substance the nature of the proposed amendment.
20.16Such summary shall contain a statement of the objects and purposes of the amendment
20.17proposed and an outline of any proposed new scheme or frame work of government and
20.18shall be sufficient to inform the signers of the petition as to what change in government is
20.19sought to be accomplished by the amendment. The summary, together with a copy of the
20.20proposed amendment, shall first be submitted to the charter commission for its approval
20.21as to form and substance. The commission shall within ten days after such submission
20.22to it, return the same to the proposers of the amendment with such modifications in
20.23statement as it may deem necessary in order that the summary may fairly comply with
20.24the requirements above set forth.

20.25    Sec. 49. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
20.26    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
20.27candidate for the hospital board shall file an affidavit of candidacy for the election either
20.28as member at large or as a member representing the city or town where the candidate
20.29resides. The affidavit of candidacy must be filed with the city or town clerk not more than
20.3070 91 days nor less than 56 77 days before the first Tuesday after the first Monday in
20.31November of the year in which the general election is held. The city or town clerk must
20.32forward the affidavits of candidacy to the clerk of the hospital district or, for the first
20.33election, the clerk of the most populous city or town immediately after the last day of
20.34the filing period. A candidate may withdraw from the election by filing an affidavit of
21.1withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last
21.2day to file affidavits of candidacy.
21.3Voting must be by secret ballot. The clerk shall prepare, at the expense of the
21.4district, necessary ballots for the election of officers. Ballots must be printed on tan paper
21.5and prepared as provided in the rules of the secretary of state. The ballots must be marked
21.6and initialed by at least two judges as official ballots and used exclusively at the election.
21.7Any proposition to be voted on may be printed on the ballot provided for the election
21.8of officers. The hospital board may also authorize the use of voting systems subject to
21.9chapter 206. Enough election judges may be appointed to receive the votes at each
21.10polling place. The election judges shall act as clerks of election, count the ballots cast,
21.11and submit them to the board for canvass.
21.12After canvassing the election, the board shall issue a certificate of election to the
21.13candidate who received the largest number of votes cast for each office. The clerk shall
21.14deliver the certificate to the person entitled to it in person or by certified mail. Each person
21.15certified shall file an acceptance and oath of office in writing with the clerk within 30
21.16days after the date of delivery or mailing of the certificate. The board may fill any office
21.17as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
21.18qualification is effective if made before the board acts to fill the vacancy.

21.19    Sec. 50. TEMPORARY DEADLINES FOR LISTS OF ELECTION JUDGES.
21.20Notwithstanding the deadlines provided in Minnesota Statutes, section 204B.21,
21.21subdivision 1, the lists of eligible voters to act as election judges to be provided to the
21.22county auditor under that subdivision are due on March 15, 2010, and the submission from
21.23the county auditor is due on April 1, 2010.

21.24    Sec. 51. EFFECTIVE DATE.
21.25Sections 1 to 15 and 17 to 49 are effective the day following final enactment. Section
21.2616 is effective January 1, 2011."
21.27Delete the title and insert:
21.29relating to elections; changing the date of the state primary; changing certain
21.30primary-related dates and provisions; amending Minnesota Statutes 2008,
21.31sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323;
21.32203B.06, subdivision 1; 203B.081; 203B.11, subdivision 2; 203B.13, subdivision
21.332; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23,
21.34subdivision 2; 204B.09, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21,
21.35subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 2;
21.36204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1;
21.37204D.17; 204D.19; 204D.28, subdivisions 5, 6, 8, 9, 10; 205.065, subdivisions 1,
21.382; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2;
22.1205A.05, subdivision 3; 205A.06, subdivision 1a; 205A.07, subdivisions 3, 3a,
22.23b; 205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 211B.045; 410.12,
22.3subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement,
22.4section 206.82, subdivision 2; proposing coding for new law in Minnesota
22.5Statutes, chapter 204D."