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S.F. No. 540 - Vacancies in Nomination for Partisan Offices (As Amended)
 
Author: Senator Ann H. Rest
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: February 19, 2013



 

This bill modifies the procedures in current law for filling a vacancy in nomination for a partisan office.  Depending on the timing of the vacancy in nomination, a new candidate’s name may be placed on the general election ballot or the office may be moved to a special election.  The special election would be held in February to allow time for a candidate to be nominated.

Section 1 provides that a vacancy in nomination for a partisan office occurs when a candidate dies, withdraws within two days after the close of the filing period, or withdraws by filing an affidavit of withdrawal at least one day before the general election.  The affidavit of withdrawal must state that the candidate has been diagnosed with a catastrophic illness that will permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought. In addition to the affidavit, the candidate must submit a certificate verifying the candidate’s illness signed by at least two doctors.  The requirement of the certification by two doctors mirrors the language in current law that applies to constitutional officers.

Section 2 reorganizes the existing subdivision to specify the procedures and timeline for filing a vacancy in nomination for partisan office.  The procedures and timelines depend on the timing of the vacancy.  If the vacancy occurs on or before the 79th day before the general election, the major political party must file a nomination certificate no later than 71 days before the general election.  The candidate nominated must appear on the general election ballot.  If the vacancy occurs after the 79th day before the general election, the ballot is not changed and that race is not counted.  Instead, the office must be filled at a special election in February.

If a special election is required, the major political party of the candidate that died or withdrew may file a nomination certificate within seven days after the general election.  All other candidates whose name appeared on the general election ballot must appear on the special election ballot; no new filings are permitted.  There is no primary.  The county auditor or municipal clerk must post a notice in each precinct on Election Day that informs voters of the reasons for the vacancy and the procedures for filling the position by a special election.

Section 3 provides for a filing period for a vacancy in nomination in a partisan office when a candidate withdraws within the two days after the filing period closes.  This language mirrors language in current law that applies to the timing of filling vacancies in nomination of nonpartisan offices.

Section 4 provides for a vacancy in nomination for a major political party in the race for governor or lieutenant governor.  If a vacancy in nomination occurs in the race for governor, the political party must nominate a candidate for both governor and lieutenant governor.  If the vacancy in nomination occurs in the race for lieutenant governor, the candidate for governor shall select the candidate for lieutenant governor.

If a vacancy in nomination occurs in the race for lieutenant governor occurs on or before the 79th day before the general election, the name of the lieutenant governor candidate must be submitted  by the candidate for governor no later than 71 days before the general election.  If the vacancy for lieutenant governor occurs after the 79th day before the general election, the governor must submit the name of the candidate for lieutenant governor within seven days, but no change is made to the general election ballot.  In the latter situation, the county auditor or municipal clerk must post a notice in each precinct on Election Day that informs voters that the race for lieutenant governor will be counted.

Section 5 sets the date of the special election to be on the second Tuesday in February in the year following the year the vacancy in nomination occurred.

Section 6 establishes standards for transmission of absentee ballots to voters when a special election is required.

Section 7 provides an appropriation to the Secretary of State to cover costs of a special election.

Section 8 provides a conforming cross-reference in the section of statute governing special elections due to a vacancy in legislative office.

Section 9 repeals two subdivisions of statute related to vacancies in nomination, which are replaced or superseded by new provisions included in the bill.

Section 10 provides the bill is effective the day following final enactment.

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