Elections provisions modification

A bill for an act

relating to elections; changing the date of the state primary from August to March;

amending requirements for the presidential nomination primary; modifying the

process to place legislative and congressional candidates on the ballot; establishing

a process for political parties to nominate legislative candidates to be placed on

the ballot; making technical and conforming changes; amending Minnesota Statutes

2024, sections 10A.20, subdivisions 2, 2a; 204B.03; 204B.09, subdivision 1;

204B.14, subdivision 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.05,

subdivision 1; 204D.08, subdivisions 1, 4, by adding a subdivision; 204D.09,

subdivision 1; 204D.10, subdivision 1; 204D.12; 204D.17, subdivision 2; 204D.20,

by adding a subdivision; 204D.22, subdivisions 1, 3, 4; 204D.23, subdivisions 1,

2, 5; 204D.24, subdivisions 1, 2; 204D.25, subdivision 1; 204D.27, subdivisions

1, 12; 204D.28, subdivisions 2, 6, 8, 9; 204D.29, subdivision 4, by adding a

subdivision; 205.065, subdivisions 1, 2; 205.10, subdivision 3a; 205A.03,

subdivisions 1, 2; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82,

subdivision 2; 207A.11; 207A.12; 207A.13, subdivision 1; Minnesota Statutes

2025 Supplement, sections 204B.14, subdivision 2; 204C.10; 204D.195; proposing

coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota

Statutes 2024, sections 202A.18, subdivision 2a; 204D.20, subdivisions 1, 2;

204D.21; 204D.27, subdivisions 2, 3, 5; 204D.28, subdivisions 5, 7; 204D.29,

subdivisions 2, 3; 207A.14; 207A.15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 10A.20, subdivision 2, is amended to read:

Subd. 2.

Time for filing.

(a) The reports must be filed with the board on or before

January 31 of each year and additional reports must be filed as required and in accordance

with paragraphs (b) to (f).

(b) In each year in which the name of a candidate for legislative or district court judicial

office is on the ballot, the report of the principal campaign committee must be filed 15 days

before a primary election and ten days before a general election, seven days before a special

primary election and seven days before a special general election, and ten days after a special

election cycle.

(c) In each general election year, a political committee, a political fund, a state party

committee, and a party unit established by all or a part of the party organization within a

house of the legislature must file reports on the following schedule:

(1) a
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first-quarter report covering the calendar year through March 31, which is due

April 14
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pre-primary-election report due 15 days before a primary election
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;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a
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pre-primary-election report due 15 days before a primary
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pre-general-election

report due 91 days before the general
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election;

(4) a pre-general-election report due 42 days before the general election; and

(5) a pre-general-election report due ten days before a general election.

(d) In each general election year, a party unit not included in paragraph (c) must file

reports 15 days before a primary election and ten days before a general election.

(e) In each year in which a constitutional office or appellate court judicial seat is on the

ballot, the principal campaign committee of a candidate for that office or seat must file

reports on the following schedule:

(1) a
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first-quarter report covering the calendar year through March 31, which is due

April 14
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pre-primary-election report due 15 days before a primary election
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;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a
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pre-primary-election report due 15 days before a primary
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pre-general-election

report due 91 days before the general
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election;

(4) a pre-general-election report due 42 days before the general election;

(5) a pre-general-election report due ten days before a general election; and

(6) for a special election, a constitutional office candidate whose name is on the ballot

must file reports seven days before a special primary election, seven days before a special

general election, and ten days after a special election cycle.

(f) Notwithstanding paragraphs (a) to (e):

(1) the principal campaign committee of a candidate who did not file for office is not

required to file
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the report due June 14,
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the report due 15 days before the primary election
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,
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or the report due seven days before a special primary election; and

(2) the principal campaign committee of a candidate whose name will not be on the

general election ballot is not required to file
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the report due June 14, the report due 91 days

before the general election,
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the report due 42 days before the general election, the report

due ten days before a general election, or the report due seven days before a special general

election.

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EFFECTIVE DATE.

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This section is effective January 1, 2028.

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Sec. 2.

Minnesota Statutes 2024, section 10A.20, subdivision 2a, is amended to read:

Subd. 2a.

Local election reports.

(a) This subdivision applies to a political committee,

political fund, or political party unit that during a non-general election year:

(1) spends in aggregate more than $200 to influence the nomination or election of local

candidates;

(2) spends in aggregate more than $200 to make independent expenditures on behalf of

local candidates; or

(3) spends in aggregate more than $200 to promote or defeat ballot questions defined

in section
10A.01, subdivision 7
, clause (2), (3), or (4).

(b) In addition to the reports required by subdivision 2, the entities listed in paragraph

(a) must file the following reports in each non-general election year:

(1) a
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first-quarter report covering the calendar year through March 31, which is due

April 14
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report due 15 days before the local primary election date specified in section

205.065
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;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a
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July report due 15 days before the local primary election date specified in section

205.065
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pre-general-election report due 91 days before the general election
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;

(4) a pre-general-election report due 42 days before the local general election; and

(5) a pre-general-election report due ten days before a local general election.

The reporting obligations in this paragraph begin with the first report due after the

reporting period in which the entity reaches the spending threshold specified in paragraph

(a). The
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July
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report required under clause (3) is required for all entities required to report

under paragraph (a), regardless of whether the candidate or issue is on the primary ballot

or a primary is not conducted.

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EFFECTIVE DATE.

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This section is effective January 1, 2028.

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Sec. 3.

Minnesota Statutes 2024, section 204B.03, is amended to read:

204B.03 MANNER OF NOMINATION.

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(a) Except as provided in paragraph (b),
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candidates of a major political party for any

partisan office except presidential elector and all candidates for nonpartisan office shall

apply for a place on the primary ballot by filing an affidavit of candidacy as provided in

section
204B.06
, and except as otherwise provided in section
204D.07, subdivision 3
, shall

be nominated by primary. Candidates for any partisan office who do not seek the nomination

of a major political party shall be nominated by nominating petition as provided in sections

204B.07
and
204B.08
, and, except for presidential elector candidates, shall file an affidavit

of candidacy as provided in section
204B.06
.

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(b) Candidates of a major political party for legislative or congressional office shall not

apply for a place on the primary ballot, but shall be nominated as provided in section

204B.125. Major party candidates for legislative or congressional office must file an affidavit

of candidacy as provided in section 204B.125.

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Sec. 4.

Minnesota Statutes 2024, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as

otherwise provided by this subdivision, affidavits of candidacy and nominating petitions

for county, state, and federal offices filled at the state general election shall be filed not

more than 84 days nor less than 70 days before the state primary. The affidavit may be

prepared and signed at any time between 60 days before the filing period opens and the last

day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed

in the presence of a notarial officer or an individual authorized to administer oaths under

section
358.10
.

(c) This provision does not apply to candidates for presidential elector nominated by

major political parties. Major party candidates for presidential elector are certified under

section
208.03
. Other candidates for presidential electors may file petitions at least 77 days

before the general election day pursuant to section
204B.07
. Nominating petitions to fill

vacancies in nominations shall be filed as provided in section
204B.13
. No affidavit or

petition shall be accepted later than 5:00 p.m. on the last day for filing.

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(d) This provision does not apply to candidates for legislative or congressional office

nominated by major political parties. Major party candidates for legislative or congressional

office are nominated under section 204B.125.

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(d)
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(e)
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Affidavits and petitions for county offices must be filed with the county auditor

of that county. Affidavits and petitions for federal offices must be filed with the secretary

of state. Affidavits and petitions for state offices must be filed with the secretary of state or

with the county auditor of the county in which the candidate maintains residence.

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(e)
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(f)
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Affidavits other than those filed pursuant to subdivision 1a must be submitted by

mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must

be received by 5:00 p.m. on the last day for filing.

Sec. 5.

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[204B.125] NOMINATION OF MAJOR PARTY CANDIDATES FOR

LEGISLATIVE OR CONGRESSIONAL OFFICE.

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(a) A major political party may, by caucus, nominate one person for each legislative and

congressional office that is to be filled at the next general election and file a certificate of

nomination as provided in this section. The major political party may prescribe rules to

determine candidates for nomination. A certificate of nomination must be signed by the

presiding officer and a secretary of the caucus making the nomination. The certificate of

nomination must include the name and address of the nominee, the names and addresses of

the signatories of the certificate, and an oath that, to the best of their knowledge and belief,

the certificates and the statements made therein are true.

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(b) Except in the case of a special election, the certificate of nomination must be submitted

to the secretary of state on or before the first Tuesday in June. Once submitted, no changes

may be made to the candidates that will appear on the ballot except where provided by law.

The secretary of state must transmit the list of nominated candidates to each county auditor.

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(c) By the third Tuesday in June, a candidate nominated pursuant to this section must

submit an affidavit of candidacy as provided in section 204B.06 and pay the filing fee or

submit a petition in place of a filing fee as provided in section 204B.11. A candidate who

fails to meet the requirements of this paragraph must not be placed on the general election

ballot.

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Sec. 6.

Minnesota Statutes 2025 Supplement, section 204B.14, subdivision 2, is amended

to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall constitute

at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than

November 1
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if a presidential nomination primary is scheduled to occur in the following

year or May 1 of any other year
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in the year prior to the general election year
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:

(1) for any city of the third or fourth class, any town, or any city having territory in more

than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan

area, as defined by section
200.02, subdivision 24
, that are contained in the same county;

or

(4) for noncontiguous precincts located in one or more counties.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place

may be established after
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May
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November
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1 of
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any
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the
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year
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prior to the general election year
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in the event of an emergency.

A copy of the ordinance or resolution establishing a combined polling place must be

filed with the county auditor within 30 days after approval by the governing body, and the

county auditor must provide notice within ten days to the secretary of state, in a manner

and including information prescribed by the secretary of state. A polling place combined

under clause (3) must be approved by the governing body of each participating municipality.

A polling place combined under clause (4) must be approved by the governing body of each

participating municipality and the secretary of state and may be located outside any of the

noncontiguous precincts. A municipality withdrawing from participation in a combined

polling place must do so by filing a resolution of withdrawal with the county auditor no

later than October 1
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if a presidential nomination primary is scheduled to occur in the

following year or April 1 of any other year
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in the year prior to the general election year
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,

and the county auditor must provide notice within ten days to the secretary of state, in a

manner and including information prescribed by the secretary of state.

The secretary of state shall provide a separate polling place roster for each precinct

served by the combined polling place. In a precinct that uses electronic rosters, the secretary

of state shall provide separate data files for each precinct and the election official responsible

for the electronic rosters may combine the files as necessary to be loaded onto one or more

electronic rosters, provided that the requirements under section
201.225
, subdivision 2, are

met. The secretary of state and county auditor must provide guidance to the election judges

serving in a combined polling place on the procedures to be used to ensure each voter is

provided the correct ballot for that voter's precinct. A single set of election judges may be

appointed to serve at a combined polling place. The number of election judges required

must be based on the total number of persons voting at the last similar election in all precincts

to be voting at the combined polling place. Separate ballot boxes must be provided for the

ballots from each precinct. The results of the election must be reported separately for each

precinct served by the combined polling place, except in a polling place established under

clause (2) where one of the precincts has fewer than ten registered voters, in which case the

results of that precinct must be reported in the manner specified by the secretary of state.

In addition to other required informational material and notices, a map showing the precincts

served by the combined polling place, along with a notice that multiple ballot styles are in

use, must be prominently displayed near the entrance to the combined polling place.

(c) If a local elections official determines that an emergency situation preventing the

safe, secure, and full operation of a polling place on election day has occurred or is imminent,

the local elections official may combine two or more polling places for that election pursuant

to this subdivision. To the extent possible, the polling places must be combined and the

election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after
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May
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November
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1
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of the year prior to the

general election year
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and until the polls close on election day;

(2) any city or town, regardless of size or location, may establish a combined polling

place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish

the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved

by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the

secretary of state of the combination, including the reason for the emergency combination

and the location of the combined polling place. As soon as possible, the local elections

official must also post a notice stating the reason for the combination and the location of

the combined polling place. The notice must also be posted on the governing board's website,

if one exists. The local elections official must also notify the election judges and request

that local media outlets publicly announce the reason for the combination and the location

of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a

conspicuous place at the polling place where the emergency occurred, if practical, stating

the location of the combined polling place. The local election official must also post the

notice, if practical, in a location visible by voters who vote from their motor vehicles as

provided in section
204C.15, subdivision 2
. If polling place hours are extended pursuant to

section
204C.05, subdivision 2
, paragraph (b), the posted notices required by this paragraph

must include a statement that the polling place hours at the combined polling place will be

extended until the specified time.

Sec. 7.

Minnesota Statutes 2024, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

Boundary change procedure.

Any change in the boundary of an election

precinct must be adopted
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at least ten weeks before the date of the next election and, for the

state primary and general election or presidential nomination primary,
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no later than December

1
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in the year prior to the year of the state general election
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in the year prior to the general

election year
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. The precinct boundary change shall not take effect until notice of the change

has been posted in the office of the municipal clerk or county auditor for at least 56 days.

The county auditor must publish a notice illustrating or describing the congressional,

legislative, and county commissioner district boundaries in the county in one or more

qualified newspapers in the county at least 14 days before the first day to file affidavits of

candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices of boundary

changes, and notifying voters affected by boundary changes pursuant to this subdivision,

and procedures for coordinating precinct boundary changes with reestablishing local

government election district boundaries may be established in the manner provided in the

rules of the secretary of state.

Sec. 8.

Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and secretary of state.

On
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May
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December
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1 in a year
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in which
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before
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there is an election for a partisan political office,

each major political party shall prepare a list of eligible voters to act as election judges in

each election precinct. The list provided by the party must indicate which eligible voters

are willing to travel to a precinct outside of their home jurisdiction to act as an election

judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose.

The political parties shall furnish the lists electronically to the secretary of state, in a format

specified by the secretary of state. The secretary of state must combine the data received

from each political party under this subdivision and must process the data to locate the

precinct in which the address provided for each potential election judge is located. If the

data submitted by a political party is insufficient for the secretary of state to locate the proper

precinct, the associated name must not appear in any list forwarded to an appointing authority

under this subdivision. The secretary of state shall notify political parties of any proposed

election judges with addresses that could not be located in a precinct.

By
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May
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December
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15
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of the year prior to the general election year
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, the secretary of state

shall furnish electronically to the county auditor a list of the appropriate names for each

election precinct in the jurisdiction of the appointing authority, and a list of the names of

individuals residing outside of the jurisdiction who indicated a willingness to travel to that

jurisdiction to act as an election judge, noting the political party affiliation of each individual

on the list. The county auditor must promptly forward the appropriate names to the

appropriate municipal clerk.

Sec. 9.

Minnesota Statutes 2025 Supplement, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;

VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature

certificate which states that the individual:

(1) is at least 18 years old;

(2) is a citizen of the United States;

(3) has maintained residence in Minnesota for 20 days immediately preceding the election;

(4) maintains residence at the address or location shown;

(5) is not under a guardianship in which the court order revokes the individual's right to

vote;

(6) has not been found by a court of law to be legally incompetent to vote;

(7) has the right to vote because, if the individual was convicted of a felony, the individual

is not currently incarcerated for that conviction;

(8) is registered; and

(9) has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information

is a felony punishable by not more than five years imprisonment and a fine of not more than

$10,000, or both."

(b) At the
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presidential nomination
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state
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primary, the polling place roster must also state:

"
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If I participate in the presidential nomination primary,
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I am in general agreement with the

principles of the party for whose candidate I intend to vote." This statement must appear

separately from the statements required in paragraph (a). The felony penalty provided for

in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,

confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give

the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in

charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to

the voter the ballot. The voters' receipts must be maintained during the time for notice of

filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge

must ensure that the challenge is concealed or hidden from the view of any voter other than

the voter whose status is challenged.

Sec. 10.

Minnesota Statutes 2024, section 204D.03, subdivision 1, is amended to read:

Subdivision 1.

State primary.

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Except as otherwise provided in this subdivision,
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the

state primary shall be held on the
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second
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first
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Tuesday in
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August
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March
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in each

even-numbered year to select the nominees of the major political parties for partisan offices

and the nominees for nonpartisan offices to be filled at the state general election, other than

presidential electors.
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In the year of the presidential election, the state primary must be held

on the date of the presidential nomination primary as provided in section 207A.11.

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Sec. 11.

Minnesota Statutes 2024, section 204D.05, subdivision 1, is amended to read:

Subdivision 1.

State partisan primary ballot.

The state partisan primary ballot shall

contain the names of the candidates seeking the nomination of each major political party

for the partisan offices filled at the state general election.
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Candidates for legislative and

congressional office must not be placed on the state partisan primary ballot. In the year of

the presidential election, the state partisan primary ballot must also include the presidential

nomination primary ballot.

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Sec. 12.

Minnesota Statutes 2024, section 204D.08, subdivision 1, is amended to read:

Subdivision 1.

Form.

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(a)
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Except as provided in this section, state primary ballots shall

be printed in the same manner as state general election ballots as far as practicable.
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Candidates for legislative and congressional office must not be placed on the state partisan

primary ballot.
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A sufficient number shall be printed for each precinct and ward in the state.

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(b)
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The secretary of state shall adopt rules for the format and preparation of the state

primary ballot.

Sec. 13.

Minnesota Statutes 2024, section 204D.08, subdivision 4, is amended to read:

Subd. 4.

State partisan primary ballot; party columns.

The state partisan primary

ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be

printed on white paper. There must be at least three vertical columns on the ballot and each

major political party shall have a separate column headed by the words ".......... Party,"

giving the party name. Above the party names, the following statement shall be printed.

"Minnesota Election Law permits you to vote for the candidates of only one political

party in a state partisan primary election."

If there are only two major political parties to be listed on the ballot, one party must

occupy the left-hand column, the other party must occupy the right-hand column, and the

center column must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party shall

be listed in that party's column. If only one individual files an affidavit of candidacy seeking

the nomination of a major political party for an office, the name of that individual shall be

placed on the state partisan primary ballot at the appropriate location in that party's column.

In each column, the candidates
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for senator in Congress shall be listed first, candidates

for representative in Congress second, candidates for state senator third, candidates for state

representative fourth and then candidates
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for state office
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shall be listed
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in the order specified

by the secretary of state. Vacant offices being filled by special election must be listed with

other offices of that type, but after any office of that type for which a candidate will be

elected for a full term.

The party columns shall be substantially the same in width, type, and appearance. The

columns shall be separated by a 12-point solid line.

Sec. 14.

Minnesota Statutes 2024, section 204D.08, is amended by adding a subdivision

to read:

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Subd. 7.

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Presidential nomination primary ballot.

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In the year of the presidential election,

there must be separate ballots that include a presidential nomination primary ballot for each

political party participating in the presidential nomination primary, as defined in chapter

207A. The state primary ballot must be designed so that the presidential nomination primary

ballot appears first on the ballot and conforms to the requirements of chapter 207A. The

state primary ballot must be printed on the same ballot and appear below the presidential

nomination primary ballot. There must also be a ballot without a presidential nomination

primary ballot section for voters who do not wish to participate in the presidential nomination

primary.

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Sec. 15.

Minnesota Statutes 2024, section 204D.09, subdivision 1, is amended to read:

Subdivision 1.

Example ballot.

No later than
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May
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December
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1 of each year
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prior to the

general election year
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, the secretary of state shall supply each auditor with a copy of an

example ballot to be used at the state primary and state general election. The example ballot

must illustrate the format required for the ballots used in the primary and general elections

that year.
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In a year when the presidential nomination primary is conducted, the example

ballot must include the presidential nomination primary ballot.
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The county auditor shall

distribute copies of the example ballot to municipal and school district clerks in municipalities

and school districts holding elections that year. The official ballot must conform in all

respects to the example ballot.

Sec. 16.

Minnesota Statutes 2024, section 204D.10, subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

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Except as provided in section 204B.125,
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the candidate for nomination of a major political party for a partisan office on the state

partisan primary ballot who receives the highest number of votes shall be the nominee of

that political party for that office.

Sec. 17.

Minnesota Statutes 2024, section 204D.12, is amended to read:

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor shall place on the appropriate

state general election ballot the name of every candidate:

(1) whose nomination at the state primary has been certified by the appropriate canvassing

board;

(2)
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who has been nominated for legislative or congressional office pursuant to section

204B.125;

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(3)
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who has been nominated by petition, including candidates certified by the secretary

of state; and

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(3)
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(4)
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who was nominated and whose name was omitted from the state nonpartisan

primary ballot pursuant to section
204D.07, subdivision 3
. Only the names of duly nominated

candidates may be placed on a ballot.

Sec. 18.

Minnesota Statutes 2024, section 204D.17, subdivision 2, is amended to read:

Subd. 2.

Two or more vacancies.

Two or more vacancies may be filled at the same

special election
deleted text begin
and the candidates may be nominated at the same special primary
deleted text end
. Any

special
deleted text begin
primary or special
deleted text end
election held pursuant to sections
204D.17
to
204D.27
may be

held on the same day as any other election.

Sec. 19.

Minnesota Statutes 2025 Supplement, section 204D.195, is amended to read:

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

Notwithstanding any other provision of law, a
deleted text begin
special primary and
deleted text end
special general election

may not be held
deleted text begin
:
deleted text end

deleted text begin

(1) for a period beginning the day following the date of the state primary election and

ending the day prior to the date of the state general election; or

deleted text end

deleted text begin

(2)
deleted text end
on a holiday, or during the two days before or after a holiday, as defined in section

645.44, subdivision 5
.

Sec. 20.

Minnesota Statutes 2024, section 204D.20, is amended by adding a subdivision

to read:

new text begin

Subd. 1a.

new text end

new text begin

Major party nomination.

new text end

new text begin

Major party candidates to fill a vacancy must be

nominated as provided in section 204B.125.

new text end

Sec. 21.

Minnesota Statutes 2024, section 204D.22, subdivision 1, is amended to read:

Subdivision 1.

Filing with secretary of state.

A writ calling for a special election shall

state the office to be filled,
new text begin
the deadline for a major political party to nominate a candidate

and the deadline for major political party candidates to file an affidavit of candidacy,
new text end
the

opening and closing dates of filing for candidacy
new text begin
for candidates that are not from a major

political party
new text end
, and the
deleted text begin
dates
deleted text end
new text begin
date
new text end
of the
deleted text begin
special primary and
deleted text end
special election. The writ shall

be filed with the secretary of state immediately upon issuance.

Sec. 22.

Minnesota Statutes 2024, section 204D.22, subdivision 3, is amended to read:

Subd. 3.

Notice of special election.

The county auditor of a county in which a special

election is to be held shall direct the clerk of each municipality in which the election is to

be held to post a notice of the
deleted text begin
special primary and
deleted text end
special election
deleted text begin
at least seven days before

the special primary and
deleted text end
at least 14 days before the special election in the manner provided

in sections
204B.33
and
204B.34
.
deleted text begin
If the special primary is to be held 14 days before the

special election, a single notice of both elections may be posted seven days before the

primary.
deleted text end

When the
deleted text begin
special primary or
deleted text end
special election is to be held on the same day as any other

election, notice of the
deleted text begin
special primary or
deleted text end
special election may be included in the notice of

the other election, if practicable.

Sec. 23.

Minnesota Statutes 2024, section 204D.22, subdivision 4, is amended to read:

Subd. 4.

Failure of notice.

No omission or defect in any notice required to be given by

this section shall invalidate a
deleted text begin
special primary or
deleted text end
special election.

Sec. 24.

Minnesota Statutes 2024, section 204D.23, subdivision 1, is amended to read:

Subdivision 1.

Place and manner of filing.

new text begin

(a) Major political party candidates shall

be nominated to the secretary of state and shall file affidavits of candidacy and pay the fees

in the same manner as provided in section 204B.125.

new text end

new text begin

(b) Minor party
new text end
candidates for nomination to fill a vacancy at a special
deleted text begin
primary
deleted text end
new text begin
election
new text end

shall file their affidavits of candidacy and nominating petitions with the same officers and

in the same manner and shall pay the same fees as provided by law for candidates for like

offices at the state
deleted text begin
primary
deleted text end
new text begin
election
new text end
.

Sec. 25.

Minnesota Statutes 2024, section 204D.23, subdivision 2, is amended to read:

Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions

shall be filed no later than
deleted text begin
14
deleted text end
new text begin
21
new text end
days before the special
deleted text begin
primary
deleted text end
new text begin
election
new text end
.

Sec. 26.

Minnesota Statutes 2024, section 204D.23, subdivision 5, is amended to read:

Subd. 5.

Withdrawal of candidates.

A candidate may withdraw from the special
deleted text begin
primary
deleted text end
new text begin

election
new text end
ballot by filing an affidavit of withdrawal with the same official who received the

affidavit of candidacy. The affidavit of withdrawal must be filed no later than 5:00 p.m. of

the day after the last day for filing affidavits of candidacy.

Sec. 27.

Minnesota Statutes 2024, section 204D.24, subdivision 1, is amended to read:

Subdivision 1.

Precincts; polling places; officials.

The election precincts, polling places

and officials for any
deleted text begin
special primary or
deleted text end
special election shall be the same as at the last

preceding general election in that municipality unless changed according to law. When a
deleted text begin

special primary or
deleted text end
special election is held on the same day as another primary or election,

the same precincts, polling places and officials shall be used for both. If separate special

election ballots are required pursuant to section
204D.25
, separate ballot boxes shall be

used.

Sec. 28.

Minnesota Statutes 2024, section 204D.24, subdivision 2, is amended to read:

Subd. 2.

Voter registration.

An individual may register to vote at a
deleted text begin
special primary or
deleted text end

special election at any time before the day that the polling place rosters for the
deleted text begin
special

primary or
deleted text end
special election are prepared by the secretary of state. The secretary of state shall

provide the county auditors with notice of this date at least seven days before the printing

of the rosters. This subdivision does not apply to a special election held on the same day as

the state primary, state general election, or the regularly scheduled primary or general

election of a municipality, school district, or special district.

Sec. 29.

Minnesota Statutes 2024, section 204D.25, subdivision 1, is amended to read:

Subdivision 1.

Form.

Except as provided in subdivision 2, the county auditor must

prepare separate ballots for a
deleted text begin
special primary and
deleted text end
special election as required by sections

204D.17
to
204D.27
. The ballots must be headed
deleted text begin
"Special Primary Ballot" or
deleted text end
"Special

Election Ballot"
deleted text begin
as the case may be
deleted text end
, followed by the date of the
deleted text begin
special primary or
deleted text end
special

election. Immediately below the title of each office to be filled must be printed the words

"To fill vacancy in term expiring ..........," with the date of expiration of the term and any

other information that is necessary to distinguish the office from any other office to be voted

upon at the same election. For a
deleted text begin
special primary or
deleted text end
special election, the instructions to voters

may use the singular form of the word when referring to candidates and offices when only

one office is to be filled at the special election. Otherwise the form of the ballots must

comply as far as practicable with the laws relating to ballots for
deleted text begin
state primaries and
deleted text end
state

general elections. The county auditor must post a sample
deleted text begin
of each
deleted text end
ballot in the auditor's office

as soon as prepared and not later than four days before the
deleted text begin
special primary or
deleted text end
special election.

Publication of the notice to voters pursuant to section
204D.16
for a
deleted text begin
special primary or
deleted text end

special election is not required.

Sec. 30.

Minnesota Statutes 2024, section 204D.27, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The returns of a
deleted text begin
special primary or
deleted text end
special election

held pursuant to sections
204D.17
to
204D.27
shall be delivered promptly upon completion

to the county auditor of the county in which the
deleted text begin
special primary or
deleted text end
special election is held.

Except as provided in subdivisions 2 to 4, the county canvassing board shall canvass and

certify the returns to the secretary of state on the next day, excluding Sundays and legal

holidays, following the
deleted text begin
special primary or
deleted text end
special election.

Sec. 31.

Minnesota Statutes 2024, section 204D.27, subdivision 12, is amended to read:

Subd. 12.

Recounts.

In a
deleted text begin
special primary or
deleted text end
special election, the provisions of section

204C.35
apply, except that the secretary of state may immediately proceed to recount the

votes upon review of the certified reports of the county canvassing boards if it is apparent

from the review that a recount is required.

Sec. 32.

Minnesota Statutes 2024, section 204D.28, subdivision 2, is amended to read:

Subd. 2.

Definitions.

The definitions in subdivisions 3
deleted text begin
to 5
deleted text end
new text begin
and 4
new text end
apply to this section.

Sec. 33.

Minnesota Statutes 2024, section 204D.28, subdivision 6, is amended to read:

Subd. 6.

Special election required; exception; when held.

new text begin
(a)
new text end
Every vacancy shall be

filled for the remainder of the term by a special election held pursuant to this subdivision;

except that no special election shall be held in the year before the term expires.

new text begin

(b)
new text end
The special election shall be held at the next November election if the vacancy occurs

at least 11 weeks before the
deleted text begin
regular state primary
deleted text end
new text begin
first Tuesday in June
new text end
preceding that

election. If the vacancy occurs less than 11 weeks before the
deleted text begin
regular state primary
deleted text end
new text begin
first

Tuesday in June
new text end
preceding the next November election, the special election shall be held

at the second November election after the vacancy occurs.

Sec. 34.

Minnesota Statutes 2024, section 204D.28, subdivision 8, is amended to read:

Subd. 8.

Notice of special election.

The secretary of state shall issue an official notice

of any special election required to be held pursuant to this section not later than 16 weeks

before the
deleted text begin
special primary
deleted text end
new text begin
first Tuesday in June preceding the special election
new text end
, except that

if the vacancy occurs 16 weeks or less before the
deleted text begin
special primary
deleted text end
new text begin
first Tuesday in June
new text end
, the

secretary of state shall issue the notice no later than two days after the vacancy occurs. The

notice shall state the office to be filled, the opening and closing dates for filing of candidacy
new text begin
,
new text end

and the
deleted text begin
dates
deleted text end
new text begin
date
new text end
of the
deleted text begin
special primary and
deleted text end
special election. For the purposes of those

provisions of sections
204D.17
to
204D.27
that apply generally to special elections, this

notice shall be used in place of the writ of the governor.

Sec. 35.

Minnesota Statutes 2024, section 204D.28, subdivision 9, is amended to read:

Subd. 9.

Filing by candidates.

new text begin

(a) Major party candidates shall be nominated as provided

in section 204B.125. The certificate of nomination must be filed with the secretary of state

no later than the first Tuesday in June preceding the special election.

new text end

new text begin

(b)
new text end
The time for filing
deleted text begin
of affidavits
deleted text end
and nominating petitions for candidates to fill a

vacancy at a special election shall open 12 weeks before the
deleted text begin
special primary
deleted text end
new text begin
first Tuesday

in June preceding the special election
new text end
or on the day the secretary of state issues notice of

the special election, whichever occurs later. Filings shall close ten weeks before the
deleted text begin
special

primary
deleted text end
new text begin
first Tuesday in June
new text end
. A candidate filing for the office of United States senator to

fill a vacancy at a special election when both offices of United States senator are required

to be placed on the same ballot must specify on the affidavit of candidacy the expiration

date of the term of the office that the candidate is seeking.

Sec. 36.

Minnesota Statutes 2024, section 204D.29, is amended by adding a subdivision

to read:

new text begin

Subd. 3a.

new text end

new text begin

Vacancy more than 22 weeks before general election.

new text end

new text begin

(a) If a vacancy occurs

more than 22 weeks before the general election, the governor must issue a writ within three

days of the vacancy for a special election for that office to be held no later than 35 days

after the issuance of the writ. The filing period for minor party candidates for the vacancy

must be a minimum of three days, excluding holidays. The period for major parties to submit

a certificate of nomination shall run concurrently with the filing period. There must be a

one-day period for withdrawal of candidates after the last day for filing. Candidates for a

special election under this subdivision are not subject to the prohibition in section 204B.06

against having more than one affidavit of candidacy on file for the same election.

new text end

new text begin

(b) The winner of a special election under this subdivision shall serve the remainder of

the vacant term and is eligible to be seated in Congress upon issuance of the certificate of

election. The winner of the regularly scheduled term for that office at the general election

shall take office on the day new members of Congress take office.

new text end

Sec. 37.

Minnesota Statutes 2024, section 204D.29, subdivision 4, is amended to read:

Subd. 4.

Vacancy 22 or fewer weeks before
deleted text begin
state primary but before
deleted text end
general election

day.

(a) If a vacancy occurs
deleted text begin
from
deleted text end
22 weeks before
deleted text begin
the state primary to the day before
deleted text end
the

general election, no special election will be held. The winner of the general election for the

next full term for that office will serve the remainder of the unexpired term and is eligible

to be seated in Congress immediately upon issuance of a certificate of election.

(b) If the incumbent
deleted text begin
filed an affidavit of candidacy
deleted text end
new text begin
is nominated pursuant to section

204B.125
new text end
for reelection as the candidate of a major political party and was nominated for

the general election ballot by that party and a vacancy occurs
deleted text begin
from the day of the state

primary until the date of the
deleted text end
new text begin
during the 22 weeks before the
new text end
general election, there is a

vacancy in nomination to be resolved pursuant to section
204B.13
.

Sec. 38.

Minnesota Statutes 2024, section 205.065, subdivision 1, is amended to read:

Subdivision 1.

Establishing primary.

A municipal primary for the purpose of nominating

elective officers may be held in any city on the
deleted text begin
second Tuesday in August
deleted text end
new text begin
first Tuesday of

March
new text end
of any year in which a municipal general election is to be held for the purpose of

electing officers
new text begin
, except that in a year of the presidential election, a municipal primary must

be held on the date of the presidential nomination primary as provided in section 207A.11
new text end
.

The date of a municipal primary held in an odd-numbered year may be postponed for

inclement weather as provided in section
205.105
.

Sec. 39.

Minnesota Statutes 2024, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance or

resolution adopted by
deleted text begin
April
deleted text end
new text begin
October
new text end
15 in the year
new text begin
prior to the year
new text end
when a municipal general

election is held, elect to choose nominees for municipal offices by a primary as provided

in this section. The resolution or ordinance, when adopted, is effective for all ensuing

municipal elections until it is revoked. The municipal clerk shall notify the secretary of state

and the county auditor within 30 days after the adoption of the resolution or ordinance.

Sec. 40.

Minnesota Statutes 2024, section 205.10, subdivision 3a, is amended to read:

Subd. 3a.

Uniform election dates.

(a) Except as allowed in paragraph (b) and subdivision

4, a special election held in a city or town must be held on one of the following dates: the

second Tuesday in
deleted text begin
February
deleted text end
new text begin
January
new text end
, the second Tuesday in April, the second Tuesday in

May, the second Tuesday in August, or the first Tuesday after the first Monday in November.

A home rule charter city must not designate additional dates in its charter.

(b) A special election may be held on a date other than those designated in paragraph

(a) if the special election is held in response to an emergency or disaster. "Emergency"

means an unforeseen combination of circumstances that calls for immediate action to prevent

a disaster from developing or occurring. "Disaster" means a situation that creates an actual

or imminent serious threat to the health and safety of persons or a situation that has resulted

or is likely to result in catastrophic loss to property or the environment.

Sec. 41.

Minnesota Statutes 2024, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

The school

board of a school district may, by resolution adopted by
deleted text begin
April
deleted text end
new text begin
October
new text end
15 of
deleted text begin
any year
deleted text end
new text begin
the

year prior to the general election year
new text end
, decide to choose nominees for school board by a

primary as provided in this section. The resolution, when adopted, is effective for all ensuing

elections of board members in that school district until it is revoked. If the board decides

to choose nominees by primary and if there are more than two candidates for a specified

school board position or more than twice as many school board candidates as there are

at-large school board positions available, the school district must hold a primary.

Sec. 42.

Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read:

Subd. 2.

Date.

The school district primary must be held on the
deleted text begin
second
deleted text end
new text begin
first
new text end
Tuesday in
deleted text begin

August
deleted text end
new text begin
March
new text end
in the year when the school district general election is held
new text begin
, except that in a

year of the presidential election, a municipal primary must be held on the date of the

presidential nomination primary as provided in section 207A.11
new text end
. The clerk shall give notice

of the primary in the manner provided in section
205A.07
. The date of a school district

primary held in an odd-numbered year may be postponed for inclement weather as provided

in section
205A.055
.

Sec. 43.

Minnesota Statutes 2024, section 205A.11, subdivision 2a, is amended to read:

Subd. 2a.

Notice of special elections.

The school district clerk shall prepare a notice to

the voters who will be voting in a combined polling place for a school district special election.

The notice must include the following information: the date of the election, the hours of

voting, and the location of the voter's polling place. The notice must be sent by

nonforwardable mail to every affected household in the school district with at least one

registered voter. The notice must be mailed no later than 14 days before the election. The

mailed notice is not required for a school district special election that is held on the
deleted text begin
second

Tuesday in August
deleted text end
new text begin
date identified in section 204D.03, subdivision 1
new text end
, the Tuesday following

the first Monday in November, or for a special election conducted entirely by mail. A notice

that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 44.

Minnesota Statutes 2024, section 206.61, subdivision 5, is amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation of

names of candidates must be observed as far as practicable by changing the order of the

names on an electronic voting system in the various precincts so that each name appears on

the machines or marking devices used in a municipality substantially an equal number of

times in the first, last, and in each intermediate place in the list or group in which they

belong. However, the arrangement of candidates' names must be the same on all voting

systems used in the same precinct. If the number of names to be alternated exceeds the

number of precincts, the election official responsible for providing the ballots, in accordance

with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot

card, the manner of alternation of candidate names on the paper ballot must be as prescribed

for optical scan ballots in this subdivision.

The rules adopted by the secretary of state for the rotation of candidate names must use

the number of registered voters in each precinct as of 8:00 a.m. on
deleted text begin
May
deleted text end
new text begin
December
new text end
1
deleted text begin
of
deleted text end
new text begin
prior

to
new text end
the year when the rotation will be made as the basis for determining the rotation of names.

Sec. 45.

Minnesota Statutes 2024, section 206.82, subdivision 2, is amended to read:

Subd. 2.

Plan.

The municipal clerk in a municipality where an electronic voting system

is used and the county auditor of a county in which an electronic voting system is used in

more than one municipality and the county auditor of a county in which a counting center

serving more than one municipality is located shall prepare a plan which indicates acquisition

of sufficient facilities, computer time, and professional services and which describes the

proposed manner of complying with section
206.80
. The plan must be signed, notarized,

and submitted to the secretary of state more than 60 days before the first election at which

the municipality uses an electronic voting system. Before
deleted text begin
May
deleted text end
new text begin
December
new text end
1
deleted text begin
of
deleted text end
new text begin
prior to
new text end
each

subsequent general election year, the clerk or auditor shall submit to the secretary of state

notification of any changes to the plan on file with the secretary of state. The secretary of

state shall review each plan for its sufficiency and may request technical assistance from

the Department of Information Technology Services or other agency which may be operating

as the central computer authority. The secretary of state shall notify each reporting authority

of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The

attorney general, upon request of the secretary of state, may seek a district court order

requiring an election official to fulfill duties imposed by this subdivision or by rules

promulgated pursuant to this section.

Sec. 46.

Minnesota Statutes 2024, section 207A.11, is amended to read:

207A.11 PRESIDENTIAL NOMINATION PRIMARY ESTABLISHED.

(a) A presidential nomination primary must be held each year in which a president and

vice president of the United States are to be nominated and elected.

(b) The party chairs must jointly submit to the secretary of state, no later than March 1

in a year prior to a presidential election year, the single date on which the parties have agreed

to conduct the presidential nomination primary in the next year. The date selected must not

be the date of the town general election provided in section
205.075, subdivision
1. If a date

is not jointly submitted by the deadline, the presidential nomination primary must be held

on the first Tuesday in March in the year of the presidential election.
deleted text begin
No other election may

be conducted on the date of the presidential nomination primary.
deleted text end

(c) The secretary of state must adopt rules to implement the provisions of this chapter.

The secretary of state shall consult with the party chairs throughout the rulemaking process,

including seeking advice about possible rules before issuing a notice of intent to adopt rules,

consultation before the notice of comment is published, consultation on the statement of

need and reasonableness, consultation in drafting and revising the rules, and consultation

regarding any modifications to the rule being considered.

(d) This chapter only applies to a major political party that selects delegates at the

presidential nomination primary to send to a national convention. A major political party

that does not participate in a national convention is not eligible to participate in the

presidential nomination primary.

(e) For purposes of this chapter, "political party" or "party" means a major political party

as defined in section
200.02, subdivision 7
, that is eligible to participate in the presidential

nomination primary.

Sec. 47.

Minnesota Statutes 2024, section 207A.12, is amended to read:

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a)
new text begin
The presidential nomination primary must be held in conjunction with the state

primary election.
new text end
Except as otherwise provided by law, the presidential nomination primary

must be conducted, and the results canvassed and returned, in the manner provided by law

for the state primary.
new text begin
All notice and publication requirements applicable to the state primary

apply to the presidential nomination primary in years when the presidential nomination

primary is conducted.
new text end

(b) An individual
deleted text begin
seeking
deleted text end
new text begin
voting at the state primary election that seeks
new text end
to vote at the

presidential nomination primary must be registered to vote pursuant to section
201.054,

subdivision 1
. The voter must request the ballot of the party for whose candidate the

individual wishes to vote. Notwithstanding section
204C.18, subdivision 1
, the election

judge must record in the polling place roster the name of the political party whose ballot

the voter requested. When posting voter history pursuant to section
201.171
, the county

auditor must include the name of the political party whose ballot the voter requested. The

political party ballot selected by a voter is private data on individuals as defined under

section
13.02, subdivision 12
, except as provided in section
201.091
, subdivision 4a. A

voter eligible to cast a ballot as provided in section
5B.06
must be permitted to cast a ballot

at the presidential nomination primary consistent with the requirements of that section.

(c) Immediately after the state canvassing board declares the results of the presidential

nomination primary, the secretary of state must notify the chair of each party of the results.

deleted text begin

(d) The results of the presidential nomination primary must bind the election of delegates

in each party.

deleted text end

Sec. 48.

Minnesota Statutes 2024, section 207A.13, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided by law, presidential nomination primary

ballots shall be printed in the same manner as state primary ballots as far as practicable. A

sufficient number of each ballot shall be printed for each precinct and ward in the state.

(b) There must be separate ballots for the names of the candidates of each participating

political party. Each ballot must be headed by the words "Presidential Nomination Primary

Ballot." The heading must also indicate the party that appears on the ballot.
new text begin
The presidential

nomination primary ballot must be included first on the state primary ballot as provided in

section 204D.08.
new text end

(c) If requested by a party chair, the ballot for that participating party must contain a

place for a voter to indicate a preference for having delegates to the party's national

convention remain uncommitted. If requested by a party chair, the ballot for that participating

party must contain 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. A request under this

paragraph must be submitted to the secretary of state no later than 63 days before the

presidential nomination primary.

Sec. 49.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 202A.18, subdivision 2a; 204D.20, subdivisions 1

and 2; 204D.21; 204D.27, subdivisions 2, 3, and 5; 204D.28, subdivisions 5 and 7; 204D.29,

subdivisions 2 and 3; 207A.14; and 207A.15,

new text end

new text begin

are repealed.

new text end

Sec. 50.
new text begin
EFFECTIVE DATE.
new text end

new text begin

Except where otherwise specified, this act is effective on January 1, 2027, and applies

to elections held on or after January 1, 2028.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-08444

202A.18 CAUCUS, PROCEDURE.

Subd. 2a.

Preference ballot for governor.

In a year when the office of governor appears on the state general election ballot, prior to the opening of nominations for the election of permanent offices and delegates, a ballot must be distributed to permit caucus participants to indicate their preference for the office of the governor. The results of preference voting must be reported to the secretary of state immediately upon conclusion of the voting, in the manner provided by the secretary of state. The secretary of state shall provide the appropriate forms to the party for reporting the results.

204D.20 NOMINATIONS; VACANCY.

Subdivision 1.

Special primary.

Except as provided in subdivision 2, the candidates of the major political parties to fill a vacancy shall be nominated at a special primary. The candidate of each party who receives the highest number of votes at the special primary shall be nominated.

Subd. 2.

No special primary; when.

No special primary shall be held to nominate candidates to fill a vacancy if only one individual from each major political party files as a candidate for that party's nomination. In that case, the individuals who have filed are nominated.

204D.21 TIME OF SPECIAL PRIMARY.

Subdivision 1.

Nomination at state primary.

When a special election is to be held on the same day as the state general election, as provided in section
204D.19, subdivision 1
, candidates for nomination to fill the vacancy shall be nominated at the state primary.

Subd. 2.

Nomination at special primary on day of regular primary.

Candidates for nomination to fill a vacancy shall be nominated at a special primary on the day of the regular state primary when the vacancy is to be filled at a special election to be held more than 14 days after the regular state primary.

Subd. 3.

Nomination at special primary on other day.

In all cases other than those provided in subdivisions 1 and 2, a special primary for the nomination of candidates shall be held not later than the 14th day before the special election.

204D.27 SPECIAL ELECTION RETURNS.

Subd. 2.

County canvass; special primary on day of regular state primary.

When a special primary is held on the day of the state primary and the special election will be held on the day of the next state general election, the returns of the special primary shall be canvassed and certified by the county canvassing board at their regular meeting.

Subd. 3.

State canvass; special primary.

When the special primary is held on the day of the state primary and the special election will be held more than 20 days after that day, the returns of the special primary shall be canvassed by the county canvassing board at its regular meeting.

Subd. 5.

Canvass; special primary; state canvassing board; contest.

Not later than four days after the returns of the county canvassing boards are certified to the secretary of state, the State Canvassing Board shall complete its canvass of the special primary. The secretary of state shall then promptly certify to the county auditors the names of the nominated individuals, prepare notices of nomination, and notify each nominee of the nomination. In case of a contest of a special primary for state senator or state representative, the notice of contest must be filed within two days, excluding Sundays and legal holidays, after the canvass is completed, and the contest shall otherwise proceed in the manner provided by law for contesting elections.

204D.28 UNITED STATES SENATE VACANCY; MANNER OF FILLING.

Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the state general election; or

(b) a primary held on the second Tuesday in August of odd-numbered years.

Subd. 7.

Special primary; when held.

A special primary shall be held at the regular state primary preceding the November election at which the special election is held.

204D.29 REPRESENTATIVE IN CONGRESS VACANCY.

Subd. 2.

Vacancy 27 weeks or more before state primary.

(a) If a vacancy occurs 27 weeks or more before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held between 20 and 24 weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary must be held 11 weeks before the special election or on the second Tuesday in August if the general election is held on the first Tuesday after the first Monday in November if any major party has more than one candidate after the time for withdrawal has expired.

(b) The filing period for a special election under this subdivision must end on or before the 131st day before the special election. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing.

Subd. 3.

Vacancy more than 22 weeks but fewer than 27 weeks before state primary.

(a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held on the day of the state primary with a special primary held 11 weeks before the state primary, if any major party has more than one candidate after the time for withdrawal has expired. The regularly scheduled election to fill the next full term shall proceed pursuant to law.

(b) The filing period for a special election under this subdivision must end on or before the 147th day before the state primary. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing. Candidates for a special election under this subdivision are not subject to the prohibition in section
204B.06
against having more than one affidavit of candidacy on file for the same election.

(c) The winner of a special election on the day of the state primary under this subdivision shall serve the remainder of the vacant term and is eligible to be seated in Congress upon issuance of the certificate of election. The winner of the regularly scheduled term for that office at the general election shall take office on the day new members of Congress take office.

207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; EXAMPLE BALLOTS.

Subdivision 1.

Notice of primary to counties and municipalities.

Twenty weeks before a presidential nomination 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 nomination primary. Within ten days after notification by the secretary of state, each county auditor shall provide notice of the date of the presidential nomination primary to each municipal clerk in the county.

Subd. 2.

Example ballots.

No later than 70 days before the presidential nomination primary, the secretary of state must supply each county auditor with example ballots to be used at the presidential nomination primary. The example ballots must illustrate the format required for the ballots used in the presidential nomination primary.

Subd. 3.

Notice of primary to public.

At least 15 days before the date of the presidential nomination primary, each municipal clerk shall post a public notice stating the date of the presidential nomination primary, the location of each polling place in the municipality, the hours during which the polling places in the municipality will be open, and information about the requirements of section
207A.12
, paragraph (b). 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.

207A.15 PRESIDENTIAL NOMINATION PRIMARY ELECTION EXPENSES; LOCAL REIMBURSEMENT.

Subdivision 1.

Presidential nomination primary elections account; special revenue fund.

(a) A presidential nomination primary elections account is created in the special revenue fund.

(b) No later than September 1 of the year preceding a presidential election year, the secretary of state shall certify to the commissioner of management and budget the estimated state and local cost of administering the presidential nomination primary election. The secretary of state may make supplemental certifications to the commissioner of management and budget if new information indicates that the actual costs of conducting the election will exceed the secretary's initial estimate.

(c) Within 15 days of a certification under paragraph (b), the commissioner of management and budget must transfer an amount equal to the certification from the general fund to the presidential nomination primary elections account. The funds in the presidential nomination primary elections account are appropriated to the secretary of state for:

(1) state costs associated with administering the presidential nomination primary election; and

(2) making the reimbursements required by subdivision 2.

The commissioner of management and budget must transfer back to the general fund any funds remaining in the presidential nomination primary elections account 120 days after the results of a presidential nomination primary election have been certified by the State Canvassing Board.

Subd. 2.

Reimbursable local expenses.

(a) The secretary of state must reimburse the counties and municipalities for expenses incurred in the administration of the presidential nomination primary from money contained in the presidential nomination primary elections account. The following expenses are eligible for reimbursement: preparation and printing of ballots; postage for absentee ballots; publication of notice to voters pursuant to section
204D.16
; preparation of polling places in an amount not to exceed $150 per polling place; preparation of electronic voting systems in an amount not to exceed $100 per precinct; compensation for temporary staff or overtime payments; salaries of election judges; compensation of county canvassing board members; and other expenses as approved by the secretary of state.

(b) Within 60 days after the results of a presidential nomination primary are certified by the State Canvassing Board, the county auditor must submit a request for payment of the costs incurred by the county for conducting the presidential nomination primary, and the municipal clerk must submit a request for payment of the costs incurred by the municipality for conducting the presidential nomination primary. The request for payment must be submitted to the secretary of state, and must be accompanied by an itemized description of actual county or municipal expenditures, including copies of invoices. In addition, the county auditor or municipal clerk must certify that the request for reimbursement is based on actual costs incurred by the county or municipality in the presidential nomination primary.

(c) The secretary of state must provide each county and municipality with the appropriate forms for requesting payment and certifying expenses under this subdivision. The secretary of state must not reimburse expenses unless the request for payment and certification of costs has been submitted as provided in this subdivision. The secretary of state must complete the issuance of reimbursements to the counties and municipalities no later than 90 days after the results of the presidential nomination primary have been certified by the State Canvassing Board.