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HomeMy WebLinkAbout2010 06-24 CHCA JUNE 24, 2010, MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION Brooklyn Center, Minnesota City Hall Council /Commission Conference Room AGENDA 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Consideration of the Minutes of April 22, 2010 Meeting a. Commissioners not at that Meeting will be shown as abstaining 4. New Commissioners and Introduction 5. Old Business a. Changes to the Charter for Primary Election Dates i. Any Action by the Commission? ii. Tabling by the City Council 6. New Business a. Any new business? 7. Future Meeting Date(s) 8. � j Adournment (DRAFT) MINUTES OF April 22, 2010 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 7:36 PM. Roll Call: Secretary Gary Brown called roll; Gary Brown, Gail Ebert, Stan Leino, Bruce Lund, Ed Nelson, Richard Phillips and Eileen Oslund were present. Excused Absences: Harold Middleton, Bruce Lynes Consideration of Minutes Motion by Lund seconded by Nelson to approve minutes of January 28, 2009 Unanimously approved 6- 0 Report of Audit Chair Audit Chairman Eileen Oslund reported that $1 10.83 was spent in 2009 for postage, and mailing cost of meeting notices and minutes as well as for the attendance by Secretary Brown to the City Birthday Celebration. Motion by Phillips, Seconded by Oslund, to approve the 2009 audit of expenditures in the amount of $110.83 for the Brooklyn Center Charter Commission. New Business Changes to the City's primary election date(s) A lengthy discussion was held by the commission regarding the City Council initiated change in city charter regarding a recent change in state statute pertaining to primary election dates. The proposed ordinance sets a specific date for the Primary election (second Tuesday in August). Charter Commission members discussed the need to change the charter since the second Tuesday date in August is considerably more weeks than the six weeks required in the city charter. Since the city council request did not include the rationale nor did it include the actual state statute change meeting. Motion b the Y Nelson, seconded by Phillips, the commission felt they could not take any action at g to request the city council to provide further direction (including their rationale for the charter change) and information (including the recently changed state statute) regarding their suggested change to Section 4 of the City Charter. Passed unanimously 6 -0 Other Business Next Meeting Agenda Item It was determined that the agenda for June 24, 2010 should d to the requirement of 8 votes to approve a change to he current bylaws especially q view of c Y relate include a re y p the charter. Charter Commission Pamphlet At the last meeting, secretary Brown was directed to prepare a draft brochure regarding the Charter Commission. When City Clerk saw the draft minutes she contacted secretary Brown and thus a copy of the existing city brochure was sent out to commission members. Future meeting dates: June 24, October 28, 2010 Motion by Brown, seconded by Lund, to set a tentative meeting for May 20, 2010, if determined necessary by chairman Leino, regarding the proposed city ordinance change related to Section 4 of the City Charter. Adjournment Motion by Nelson, seconded by Lund, to adjourn the meeting at 8:50 PM. Passed unanimously 6- 0. Submitted for consideration, Gary E. Brown, Secretary COUNCIL ITEM MEMORANDUM DATE: May 3, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JL*441 SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 (Attachment 1) Recommendation: It is recommended that the City Council open the Public Hearing, take public input, CONTINUE the Public Hearing on An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 to a specified date or until such time as the Charter Commission makes its recommendation to the City Council. By not adopting the charter amendment Ordinance, there will be no effect on the date of the City Primary Election, as State Statutes supersede home rule charters. Background: On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184 of 2010 Session Laws, SF 2251 — Attachment 5) to move the date of the State Primary Election to the second Tuesday in August (in 2010 it is August 10), which also moves the City's Primary Election. Chapter 4 of the City Charter regulates City elections. At its Aril 12 2010 meeting the Brooklyn Center City Council approved first reading of An April g Yn Y 4 2. Charter, Sections 4.01 and .0 Ordinance Amending Chapter 4 of the Brooklyn Center City C g p Yn Y The charter amendment Ordinance reflects the change in Minnesota Statutes 205.065, subdivision I and 205.13, subdivision la and also includes some housekeeping amendments updating the terminology for elections to be consistent with state law. The draft charter amendment Ordinance was forwarded to the Charter Commission for review and recommendation at its April 22, 2010, meeting. It was anticipated that the Charter Commission would recommend the charter amendment Ordinance to the City Council; however, the Charter Commission has requested further clarifica tion as to the rationale for the charter change (Attachment 3). In a memo to the City Manager dated April 23, 2010, I provided the rationale for changing the language in Section 4.02 of the City Charter (Attachment 4) and provided a copy of Chapter 184 of 2010 Session Laws (Attachment 5). Minnesota Statutes § 410.12 describes the various methods to amend the City Charter (Attachment 2). Charter amendment Ordinance as it was approved at first reading is attached. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on April 22, 2010. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality nf'life andpreserves the public trust Attachment 1 May 10, 2010 City Council Agenda Packet CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.01. MUNICIPAL GENERAL ELECTION. A r-egul municipal general election shall be held on the first Tuesday after the first Monday in November of even - numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 2. Section 4.02 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday 4*��° «` w eeks it advance of the r-egu °r in August of the year in which a municipal eg neral election is to be held there shall be a municipal primary election for the selection of two nominees for each elected office at the r- egul municipal eg neral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. ORDINANCE NO. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Stfikeout indicates matter to be deleted, underline indicates new matter.) I Attachment 2 May 10, 2010 C ity Council Agenda Packet 1 MINNESOTA STATUTES 2009 410.12 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. 1 a. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: Stateof ................................................. ) ) ss. Countyof .............. ............................... ) ............................... being duly sworn, deposes and says that the afIiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2009 410.12 made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed............................ (Signature of Circulator) Subscribed and sworn to before me this ....... day of ............. Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2009 410.12 charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four -fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2009 410.12 later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c331 s 7 Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Attachment 3 May 10, 2010 City Council Agenda Packet (DRAFT) MINUTES OF April 22, 2010 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 7:36 PM. Roll Call: Secretary Gary Brown called roll; Gary Brown, Gail Ebert, Stan Leino, Bruce Lund, Ed Nelson, Richard Phillips and Eileen Oslund were present. Excused Absences: Harold Middleton, Bruce Lynes Consideration of Minutes Motion by Lund seconded by Nelson to approve minutes of January 28, 2009 Unanimously approved 6- 0 Report of Audit Chair Audit Chairman Eileen Oslund reported that $110.83 was spent in 2009 for postage, and mailing cost of meeting notices and minutes as well as for the attendance by Secretary Brown to the City Birthday Celebration. Motion by Phillips, Seconded by Oslund, to approve the 2009 audit of expenditures in the amount of $110.83 for the Brooklyn Center Charter Commission. New Business Changes to the City's primary election date(s) A lengthy discussion was held by the commission regarding the City Council initiated change in city charter regarding a recent change in state statute pertaining to primary election dates. The proposed ordinance sets a specific date for the Primary election (second Tuesday in August). Charter Commission members discussed the need to change the charter since the second Tuesday date in August is considerably more weeks than the six weeks required in the city charter. Since the city council request did not include the rationale nor did it include the actual state statute change the commission felt they could not take any action at the meeting. Motion by Nelson, seconded by Phillips, to request the city council to provide further direction (including their rationale for the charter change) and information (including the recently changed state statute) regarding their suggested change to Section 4 of the City Charter. Passed unanimously 6 -0 Other Business Next Meeting Agenda Item It was determined that the agenda for June 24, 2010 should include a review of the current bylaws especially related to the requirement of 8 votes to approve a change to the charter. Charter Commission Pamphlet At the last meeting, secretary Brown was directed to prepare a draft brochure regarding the Charter Commission. When City Clerk saw the draft minutes she contacted secretary Brown and thus a copy of the existin city brochure was sent out to commission members. Future meeting dates: June 24, October 28, 2010 Motion by Brown, seconded by Lund, to set a tentative meeting for May 20, 2010, if determined necessary by chairman Leino, regarding the proposed city ordinance change related to Section 4 of the City Charter. Adjournment Motion by Nelson, seconded by Lund, to adjourn the meeting at 8:50 PM. Passed unanimously 6- 0. Submitted for consideration, Gary E. Brown, Secretary Attachment 4 May 10, 2010 City Council Agenda Packet City of BROOKLYN Office of the City Clerk CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: April 23, 2010 SUBJECT: Proposed Ordinance Amending City Charter Sections 4.01 and 4.02 The Charter Commission met last night and one of its agenda items was discussion of the proposed ordinance amending the City Charter, which the City Council approved for first reading on April 12, 2010. Charter Commission Secretary Gary Brown e- mailed the minutes of the meeting — see attached. The minutes indicate that no action was taken on the proposed ordinance amending the City Charter. The Charter Commission has requested further information be provided including the City Council rationale for the charter change and the recently changed state statute. On March 3, 2010, Gov. Pawlenty signed a bill into law (Chapter 184 — see attached) that moves the state primary to the second Tuesday in August. The law also moved city primaries to the same day (Minn. Stat. § 205.065, subdivision 1). The effective date of the law was March 4, 2010. CURRENT CHARTER LANGUAGE. Section 4.02 of the City Charter provides for primary elections and currently reads: Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. PROPOSED CHARTER AMENDMENT. The proposed amendment to Section 4.02 is (underline new matter; strikeout matter to be deleted): Section 4.02. MUNICIPAL PRIMARY ELECTION. On the second Tuesday at4ea t • eeks i a &are° of the regular in August of the year in which a municipal eneral election is to be held there shall be a municipal primary election for the selection of two nominees for each elected office at the ra municipal eg neral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is Mr. Curt Boganey Page 2 April 23, 2010 more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. The rationale to changing the language in Section 4.02 of the City Charter is to be consistent with State Statutes. Section 4.01 of the City Charter specifically identifies when the municipal general election shall be held (the first Tuesday after the first Monday in November of even - numbered years). Section 4.02 does not indicate a specific date, but provides a general timeframe of at least six (6) weeks in advance of the municipal general election. Although the language in Section 4.02 does not conflict with State Statutes, it implies that the municipal primary could be held on any date as long as it was at least six (6) weeks in advance of the general election; however, State Law sets a specific date (the second Tuesday in August). Attachment 5 May 10, 2010 City Council Agenda Packet Chapter 184 - Revisor of Statutes Page 1 of 15 Minnesota Session Laws Search Key: (1) lamgttage te be deleteel (2) new language 2oio Re ar Ses This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2010 session law, which will be available here summer 2010. CHAPTER 184-- S.F.No. 2251 An act relating to elections; changing the date of the state primary; changing certain primary- related dates and provisions;amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 14A.323; 203B.06, subdivision 1; 20313.081; 203B.13, subdivision 2; 203B.17, subdivision l; 20313.22; 20313.225, subdivision 1; 203B.23, subdivision 2; 20413.09, subdivision 1; 20413.14, subdivisions 2, 4; 20413.21, subdivision 1; 20413.33; 20413.35, subdivision 4; 20413.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision la; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision la; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 21113.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section 1 OA. 31, subdivision 6, is amended to read: Subd. 6. Distribution of party accounts. As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue on Septenrb one week before the state primary to the candidates of that party who have signed a spending limit agreement under section IOA.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10 . if a eandidate files the affida-vit required by seetion 187k.323 a*er September 1 of gertera! cieetion year, +e board must pay the eandidate's a4leention to die eandidate at the next regtHar payment date for pt+he st+sidies for that ciection ey eie that oeetirs at ienst https: / /www. revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 2 of 15 Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read: 10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED. Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before 3uiq-1 the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed. Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section l OA.25, subdivision 10. Within sus one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. By 2hugust 15 Within two weeks after the last day for filing for office the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10. Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read: Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10 ; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. (b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by-September� at least three weeks before the candidate's state primary An agreement may not be filed after that date. An agreement once filed may not be rescinded. (c) The board must notify the commissioner of revenue of any agreement signed under this subdivision. (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read: 10A.323 AFFIDAVIT OF CONTRIBUTIONS. https: / / ww w.re visor.nm.gov /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 3 of 15 In addition to the requirements of section IOA.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that between January 1 of the election year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor: (1) candidates for governor and lieutenant governor running together, $35,000; (2) candidates for attorney general, $15,000; (3) candidates for secretary of state and state auditor, separately, $6,000; (4) candidates for the senate, $3,000; and (5) candidates for the house of representatives, $1,500. The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50. The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the ewe €€€date deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4. A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy. Sec. 5. Minnesota Statutes 2008, section 20313.06, subdivision 1, is amended to read: Subdivision 1. Printing and delivery of forms. Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 20313.04, subdivision 5 or 6, at least 60 days before: (1) each regularly scheduled primary for federal state county, city, or school board office; (2) each regularly scheduled general election for city or school board office for which a primary is not held; and (3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired; or at least 45 days before any other primary or other election for which a primary is not held. Sec. 6. Minnesota Statutes 2008, section 20313.081, is amended to read: 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated ted by the county auditor during the 46 days before a regularly scheduled election for federal state county, city, school board office or a special election for a federal office, and during the 30 days before +e - any other election https: / /ww w. revisor .mn.gov /laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 4 of 15 miter. The county auditor shall make such designations at least 90 -elms 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. Sec. 7. Minnesota Statutes 2008, section 20313. 13, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 203B.12. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the 30 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a, replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 8. Minnesota Statutes 2008, section 20313. 17, subdivision 1, is amended to read: Subdivision 1. Submission of application. (a) An application for absentee ballots for a voter described in section 20313.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 20313.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number, no matter how it is designated, qualifies as the person's military identification number if the person is in the military. (b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence. (c) An application for a voter described in section 20313. 16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota. (d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the daft on wbheil. the applieation is reeei end of that calendar year (e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27. Sec. 9. Minnesota Statutes 2008, section 203B.22, is amended to read: 203B.22 %kIHN r TRANSMITTING BALLOTS. The county auditor shall mai+ transmit the appropriate ballots, as promptly as possible, to an absent voter whose application has been recorded under section 20313.19. If the county auditor determines that a voter is not eligible to vote at the primary but will be eligible to vote at the general election, only general election ballots shall be maile transmitted Only one set of ballots shall be mailed transmitted to any applicant for any election, except that the county auditor may ma4 transmit a replacement ballot https: / /ww w.revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 5 of 15 to a voter whose ballot has been spoiled or lost in transit or whose mailing address has changed after the date on which the original a application was submitted as confirmed b g PP Y the county auditor. Ballots to be sent outside the United States shall be given priority in mailing transmission A county auditor may make use of any special service provided by the United States government for the mailnrg transmission of voting materials under sections 20313.16 to 20313.27. Sec. 10. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read: Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 20313.21, subdivision 3, be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically. Sec. 11. Minnesota Statutes 2008, section 20313.23, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the absentee ballots in the manner provided in section 203B.24. If the certificate of voter eligibility is not printed on the return or administrative envelope, the certificate must be attached to the ballot secrecy envelope. The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or "rejected" during the 39 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 12. Minnesota Statutes 2008, 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 48 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 on or before the state 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. https: / /ww w.revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 6 of 15 (d) 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 resides. (e) Affidavits other than those filed pursuant to subdivision 1 a 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. 13. Minnesota Statutes 2008, 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 +nne May 1 of any year: (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 two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; (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. 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. 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 an of the noncontiguous precincts. A municipality withdrawing Y Y g p p tY g from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than *%y April 1 of any year. The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. 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. Sec. 14. Minnesota Statutes 2008 section 204B.14 subdivision 4 is amended to read: Subd. 4. Boundary change procedure. Any change in the boundary of an election precinct sha* must be adopted at least 90 days before the date of the next election and, for the state primary and general election, no later than R= May 1 in the year of the state general election. 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 https: / /www.rev isor.mn.gov /laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 7 of 15 least 60 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 priorte 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. 15. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read: Subdivision 1. Appointment lists; duties of political parties and county auditor. On 1- May 1 in a year in which there is an election for a partisan political office, the county or legislative district chairs of each major political party, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located. By +me- -5 May 15 , the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party. Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read: 20413.33 NOTICE OF FILING. (a) At least 15 weeks before the state primary the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices. (b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy. Sec. 17. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read: Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 30 days before any other election, ballots necessary to fill applications of absentee voters shall be prepared and delivered at least 30 detys before tite election to the officials who administer the provisions of chapter 203B. This section applies to school district elections held on the same day as a statewide https: / /w ww.revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 8 of 15 election or an election for a county or municipality located partially or wholly within the school district. Sec. 18. Minnesota Statutes 2008, section 20413.45, subdivision 2, is amended to read: Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least six weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office and not more than 30 days nor later than 14 days prig to the before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office r x of the auditor or clerk. The auditor or clerk may appoint election judges to am ine the return envelopes and mark them "accepted" or "rejected" during the 39 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. Sec. 19. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read: Subd. 3. Secretary of state. Ort or before j4y 1 o No later than ten weeks before the state primary in each even - numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot. Sec. 20. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read: Subdivision 1. State primary. The state primary shall be held on the first second Tuesday after the seeend Monday in September in August 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. Sec. 21. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read: Subdivision 1. Example ballot. (a) No later than 3tme -!- May 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. https: / /www. revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 9 of 15 (b) 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. 22. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read: 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 four weeks before the first on the second Tuesday after the first. Monday in November in August of odd - numbered years. Sec. 23. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read: Subd. 6. Special election required; exception; when held. 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. The special election shall be held at the next November election if the vacancy occurs at least six 11 weeks before the regular state primary preceding that election. If the vacancy occurs less than six 11 weeks before the regular state primary preceding the next November election, the special election shall be held at the second November election after the vacancy occurs. Sec. 24. Minnesota Statutes 2008, 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 ten 16 weeks before the special primary, except that if the vacancy occurs tent 16 weeks or less before the special primary, 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 and the dates of the special primary and 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. 25. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read: Subd. 9. Filing by candidates. The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close few ten weeks before the special primary. Sec. 26. Minnesota Statutes 2008, 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 second Tuesday after seeond Monday in Septernbet August of any year in which a municipal general election is to be held for the purpose of electing officers. Sec. 27. Minnesota Statutes 2008, 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 April 15 in the ear when https: / /www.revisor /laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 10 of 15 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. i Sec. 28. Minnesota Statutes 2008, section 205.13, subdivision la, is amended to read: Subd. la. Filing period. In amities a ci nominating candidates at a mtmieiptti primary, an affidavit of candidacy for a city office or tovm offiee voted on in November must be filed net no more than 3$ 84 days nor less than 66 70 days before the eleetren city primary In ail i ether municipalities that do not hold a primary an affidavit of candidacy must be filed net no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 91 days nor less than 77 days before the municipal general election held in November of any year Sec. 29. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read: Subd. 4. Notice to auditor. At least 63 74 days prierte before every municipal election held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. Not iess thm 46 At least 74 days before tine a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205. 10, subdivision 6. Sec. 30. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read: Subd. 5. Notice to secretary of state. At least 46 74 days pTiuT to before every municipal election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 31. Minnesota Statutes 2008, 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 3tme -I- April 15 of any year, 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 https: / /www.revisor.n /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 11 of 15 available, the school district must hold a primary. Sec. 32. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read: Subd. 2. Date. The school district primary must be held on the fnst second Tuesday after the see Ond Monday in September in August in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07. Sec. 33. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read: Subd. 3. Cancellation. A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 74 days before ate an election held in conjunction with a regularly scheduled election for federal state, county, city, or school board office or a special election for federal office, or 46 days before any other election. Sec. 34. Minnesota Statutes 2008, section 205A.06, subdivision la, is amended to read: Subd. 1 a. Filing period. In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the qOk 84th day and no later than the 56+ 70th day before the fns second Tuesday in August in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the 91 st day and no later than the 56th 77th day before the school district general election. Sec. 35. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read: Subd. 3. Notice to auditor. At least 53 74 days prierke before every school district election held in conjunction with a re ug larly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other school district election the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor prierte before receipt of a review and comment from the commissioner of education and prier " before actual initiation of the election. Not less than 46 74 days before the an election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, or 46 days before any other election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3. Sec. 36. Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read: Subd. 3a. Notice to commissioner of education. At least 49 74 days prier-ter before every school district election held in conjunction with a regularly scheduled election for federal, state counV, city, school board office or a special election for federal office, and at least 49 days before any other school district election under section 12313.62, https: / /www.revi sor.mn.gov /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 12 of 15 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election. Not less than 46 74 days before the every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner. Sec. 37. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read: Subd. 3b. Notice to secretary of state. At least 46 74 days prior to before every school district election held in conjunction with a regularly scheduled election for federal, state, count. city, or school board office or a special election for federal office and at least 46 days before any other school district election for which a notice is provided to the county auditor under subdivision 3, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 38. Minnesota Statutes 2008, 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 tile day 0 , the second Tuesday €eHevrinig the -seeen� Monday in September August the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor. Sec. 39. Minnesota Statutes 2008, 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 https: / /www.revisor.mn.go /laws / ?id= 184 &doctype = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 13 of 15 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 May 1 of the year when the rotation will be made as the basis for determining the rotation of names. Sec. 40. Minnesota Statutes 2009 Supplement, 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. Prior to +tAy Before May 1 of 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 Office of Enterprise Technology 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. 41. Minnesota Statutes 2008, section 208.03, is amended to read: 208.03 NOMINATION OF PRESIDENTIAL ELECTORS. Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. At least 77 days before the general election day the chair of the major political parry shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the parry candidates for president and vice president. Sec. 42. Minnesota Statutes 2008, section 21113.045, is amended to read: 21111.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from Angti *+ 46 days before the state primary in a state general election year until ten days following the state general election. Sec. 43. Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read: Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of https: / / www.revisor.mn.gov/ laws / ?id= 184 &doctype = Chapter &year= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 14 of 15 the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least +z 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Sec. 44. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read: Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than -79 91 days nor less than 56 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy. Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass. After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy. https: / /www.revi /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 15 of 15 Sec. 45. EFFECTIVE DATE. This act is effective the day following final enactment https: / /www.revisor.mn.gov/ laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 0510312010