1.1                          A bill for an act 
  1.2             relating to elections; requiring certain special 
  1.3             primaries and elections to be conducted by mail; 
  1.4             changing certain election schedules; amending 
  1.5             Minnesota Statutes 1998, sections 204D.19, 
  1.6             subdivisions 1 and 2; 204D.20, subdivision 1; 204D.21, 
  1.7             subdivisions 2 and 3; 204D.22, subdivision 3; and 
  1.8             204D.23, subdivision 2; repealing Minnesota Statutes 
  1.9             1998, section 204D.19, subdivision 3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 204D.19, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [VACANCY FILLED AT GENERAL NOVEMBER 
  1.14  ELECTION.] When a vacancy occurs more than 150 days before the 
  1.15  next state general election, and the Congress or the legislature 
  1.16  will not be in session before the final canvass of the state 
  1.17  general election returns, the vacancy shall be filled at the 
  1.18  next state general election A special election to fill a vacancy 
  1.19  in the office of representative in Congress or state senator or 
  1.20  state representative must be held on the Tuesday following the 
  1.21  first Monday in November immediately following the vacancy, 
  1.22  except as provided in subdivision 2.  
  1.23     Sec. 2.  Minnesota Statutes 1998, section 204D.19, 
  1.24  subdivision 2, is amended to read: 
  1.25     Subd. 2.  [SPECIAL ELECTION WHEN THE CONGRESS OR 
  1.26  LEGISLATURE WILL BE IN SESSION.] Except for vacancies in the 
  1.27  legislature which occur at any time between the last day of 
  2.1   session in an odd-numbered year and the 33rd day prior to the 
  2.2   opening day of session in the succeeding even-numbered year, 
  2.3   When a vacancy occurs and the Congress or legislature will be in 
  2.4   session between the 49th day before the Tuesday after the first 
  2.5   Monday in November and the adjournment of Congress or the 
  2.6   legislature in the following year, so that the individual 
  2.7   elected as provided by this section could take office and 
  2.8   exercise the duties of the office immediately upon election or 
  2.9   as soon as the Congress or the legislature convenes, the 
  2.10  governor shall issue within five days after the vacancy occurs a 
  2.11  writ calling for a special election.  
  2.12     The special election shall be conducted by mail and held as 
  2.13  soon as possible, consistent with the notice requirements of 
  2.14  section 204D.22, subdivision 3, but in no event more than 28 49 
  2.15  days after the issuance of the writ.  
  2.16     Sec. 3.  Minnesota Statutes 1998, section 204D.20, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [SPECIAL PRIMARY.] Except as provided in 
  2.19  subdivision 2, the candidates of the major political parties to 
  2.20  fill a vacancy shall be nominated at a special primary.  The 
  2.21  special primary must be conducted by mail, except as provided in 
  2.22  section 204D.21.  The candidate of each party who receives the 
  2.23  highest number of votes at the special primary shall be 
  2.24  nominated without reference to the ten percent requirement of 
  2.25  section 204D.10, subdivision 2.  
  2.26     Sec. 4.  Minnesota Statutes 1998, section 204D.21, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [NOMINATION AT SPECIAL PRIMARY ON DAY OF REGULAR 
  2.29  PRIMARY IN ODD-NUMBERED YEARS.] Candidates for nomination to 
  2.30  fill a vacancy shall be nominated at a special primary on the 
  2.31  day of the regular state primary when the vacancy is to be 
  2.32  filled at a special election to be held more than 14 days after 
  2.33  the regular state primary.  When a special election is to be 
  2.34  held on the Tuesday following the first Monday in November in 
  2.35  odd-numbered years, the special primary must be held on the 
  2.36  Tuesday following the second Monday in September or no later 
  3.1   than 21 days before the special election.  
  3.2      Sec. 5.  Minnesota Statutes 1998, section 204D.21, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [NOMINATION AT SPECIAL PRIMARY ON OTHER DAY.] In 
  3.5   all cases other than those provided in subdivisions 1 and 2, a 
  3.6   special primary for the nomination of candidates shall be held 
  3.7   not later than the 14th 21st day before the special election.  
  3.8      Sec. 6.  Minnesota Statutes 1998, section 204D.22, 
  3.9   subdivision 3, is amended to read: 
  3.10     Subd. 3.  [NOTICE OF SPECIAL ELECTION.] The county auditor 
  3.11  of a county in which a special election is to be held shall 
  3.12  direct the clerk of each municipality in which the election is 
  3.13  to be held to post a notice of the special primary and special 
  3.14  election at least seven days before the special primary and at 
  3.15  least 14 days before the special election in the manner provided 
  3.16  in sections 204B.33 and 204B.34.  If the special primary is to 
  3.17  be held 14 21 days before the special election, a single notice 
  3.18  of both elections may be posted seven days before the primary.  
  3.19     When the special primary or special election is to be held 
  3.20  on the same day as any other election, notice of the special 
  3.21  primary or special election may be included in the notice of the 
  3.22  other election, if practicable.  
  3.23     Sec. 7.  Minnesota Statutes 1998, section 204D.23, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [TIME OF FILING.] Except as provided in 
  3.26  subdivision 3, the affidavits and petitions shall be filed no 
  3.27  later than the seventh day 21 days before the special primary.  
  3.28     Sec. 8.  [REPEALER.] 
  3.29     Minnesota Statutes 1998, section 204D.19, subdivision 3, is 
  3.30  repealed.