| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to elections; establishing vacancies in legislative offices in certain |
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| 3 | 3 | | 1.3 circumstances; providing for the second-most vote getter at an election to take |
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| 4 | 4 | | 1.4 office in legislative offices in certain circumstances; specifying special elections |
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| 5 | 5 | | 1.5 are not required to fill certain legislative vacancies; amending Minnesota Statutes |
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| 6 | 6 | | 1.6 2024, sections 209.021, subdivision 1; 209.10, by adding a subdivision; 351.02. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 209.021, subdivision 1, is amended to read: |
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| 9 | 9 | | 1.9 Subdivision 1.Manner; time; contents.Service of a notice of contest must be made |
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| 10 | 10 | | 1.10in the same manner as the service of summons in civil actions. The notice of contest must |
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| 11 | 11 | | 1.11specify the grounds on which the contest will be made. The contestant shall serve notice of |
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| 12 | 12 | | 1.12the contest on the parties enumerated in this section. Except as provided in section 204D.27; |
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| 13 | 13 | | 1.13209.10, subdivision 5a; or 351.02, subdivision 2, notice must be served and filed within |
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| 14 | 14 | | 1.14five days after the canvass is completed in the case of a primary or special primary or within |
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| 15 | 15 | | 1.15seven days after the canvass is completed in the case of a special or general election. If a |
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| 16 | 16 | | 1.16contest is based on a deliberate, serious, and material violation of the election laws that was |
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| 17 | 17 | | 1.17discovered from the statements of receipts and disbursements required to be filed by |
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| 18 | 18 | | 1.18candidates and committees, the action may be commenced and the notice served and filed |
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| 19 | 19 | | 1.19within ten days after the filing of the statements in the case of a general or special election |
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| 20 | 20 | | 1.20or within five days after the filing of the statements in the case of a primary or special |
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| 21 | 21 | | 1.21primary. If a notice of contest questions only which party received the highest number of |
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| 22 | 22 | | 1.22votes legally cast at the election, a contestee who loses may serve and file a notice of contest |
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| 23 | 23 | | 1.23on any other ground during the three days following expiration of the time for appealing |
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| 24 | 24 | | 1.24the decision on the vote count. |
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| 25 | 25 | | 1Section 1. |
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| 26 | 26 | | REVISOR JFK/KR 25-0309002/03/25 |
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| 27 | 27 | | State of Minnesota |
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| 28 | 28 | | This Document can be made available |
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| 29 | 29 | | in alternative formats upon request |
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| 30 | 30 | | HOUSE OF REPRESENTATIVES |
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| 31 | 31 | | H. F. No. 1890 |
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| 32 | 32 | | NINETY-FOURTH SESSION |
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| 33 | 33 | | Authored by McDonald, Quam, Wiener and Engen03/05/2025 |
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| 34 | 34 | | The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations 2.1 Sec. 2. Minnesota Statutes 2024, section 209.10, is amended by adding a subdivision to |
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| 35 | 35 | | 2.2read: |
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| 36 | 36 | | 2.3 Subd. 5a.Vacancy.If a vacancy results from a successful election contest and the basis |
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| 37 | 37 | | 2.4of the contest was candidate misconduct, the chief clerk of the house of representatives or |
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| 38 | 38 | | 2.5secretary of the senate must immediately notify the secretary of state of the vacancy. Unless |
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| 39 | 39 | | 2.6an election contest is filed within two business days after the secretary of state is notified |
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| 40 | 40 | | 2.7of the vacancy, on the third day after receiving notice, the secretary of state must issue to |
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| 41 | 41 | | 2.8the chief clerk or secretary a certificate of election for the candidate who received the second |
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| 42 | 42 | | 2.9most votes in the most recent general election for that office. Chapter 204D does not apply |
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| 43 | 43 | | 2.10to a vacancy described in this subdivision, except where a vacancy occurs and there is no |
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| 44 | 44 | | 2.11other candidate from the most recent general election to take office. |
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| 45 | 45 | | 2.12 Sec. 3. Minnesota Statutes 2024, section 351.02, is amended to read: |
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| 46 | 46 | | 2.13 351.02 VACANCIES. |
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| 47 | 47 | | 2.14 Subdivision 1.Vacancies.Every office shall become vacant on the happening of either |
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| 48 | 48 | | 2.15any of the following events, before the expiration of the term of such office: |
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| 49 | 49 | | 2.16 (1) the death of the incumbent; |
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| 50 | 50 | | 2.17 (2) the incumbent's resignation; |
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| 51 | 51 | | 2.18 (3) the incumbent's removal; |
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| 52 | 52 | | 2.19 (4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of |
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| 53 | 53 | | 2.20the district, county, or city for which the incumbent was elected or appointed, or within |
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| 54 | 54 | | 2.21which the duties of the office are required to be discharged; |
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| 55 | 55 | | 2.22 (5) the incumbent's conviction of any infamous crime, or of any offense involving a |
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| 56 | 56 | | 2.23violation of the official oath; |
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| 57 | 57 | | 2.24 (6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the |
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| 58 | 58 | | 2.25official bond, or to deposit or file such oath or bond within the time prescribed; |
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| 59 | 59 | | 2.26 (7) the decision of a competent tribunal declaring the incumbent's election or appointment |
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| 60 | 60 | | 2.27void; |
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| 61 | 61 | | 2.28 (8) the death of the person elected or appointed to fill a vacancy, or for a full term, before |
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| 62 | 62 | | 2.29the person qualifies, or before the time when by law the person should enter upon the duties |
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| 63 | 63 | | 2.30of the office, in which case the vacancy shall be deemed to take place at the time when the |
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| 64 | 64 | | 2.31term of office would have begun had the person lived.; |
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| 65 | 65 | | 2Sec. 3. |
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| 66 | 66 | | REVISOR JFK/KR 25-0309002/03/25 3.1 (9) the incumbent has been found to be ineligible to hold office; or |
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| 67 | 67 | | 3.2 (10) a candidate or incumbent has been found to have made a significant and material |
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| 68 | 68 | | 3.3violation of sections 10A.173 to 10A.177. |
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| 69 | 69 | | 3.4 Subd. 2.Filling legislative vacancies.(a) Upon making a determination pursuant to the |
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| 70 | 70 | | 3.5Minnesota Constitution, article IV, section 6, that a member of the body is ineligible or |
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| 71 | 71 | | 3.6unqualified for office for one of the reasons stated in subdivision 1, the body must declare |
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| 72 | 72 | | 3.7a vacancy in that seat. |
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| 73 | 73 | | 3.8 (b) A vacancy under this subdivision must be filled as provided in this paragraph. The |
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| 74 | 74 | | 3.9chief clerk of the house of representatives or secretary of the senate must immediately notify |
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| 75 | 75 | | 3.10the secretary of state of the vacancy. Unless an election contest is filed within two business |
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| 76 | 76 | | 3.11days after the secretary of state is notified of the vacancy, on the third day after receiving |
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| 77 | 77 | | 3.12notice, the secretary of state must issue to the chief clerk or secretary a certificate of election |
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| 78 | 78 | | 3.13for the candidate who received the second most votes in the most recent general election |
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| 79 | 79 | | 3.14for that office. Chapter 204D does not apply to this subdivision, except where a vacancy |
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| 80 | 80 | | 3.15occurs and there is no other candidate from the most recent general election to take office. |
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| 81 | 81 | | 3Sec. 3. |
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| 82 | 82 | | REVISOR JFK/KR 25-0309002/03/25 |
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