Bill Text: MN HF526 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Uniform Faithful Presidential Electors Act enacted and conforming changes made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-25 - Second reading [HF526 Detail]
Download: Minnesota-2013-HF526-Engrossed.html
1.2relating to elections; enacting the Uniform Faithful Presidential Electors Act;
1.3making conforming changes;amending Minnesota Statutes 2012, sections
1.4204B.07, subdivision 2; 208.02; 208.03; 208.06; 209.01, subdivision 2;
1.5proposing coding for new law in Minnesota Statutes, chapter 208; repealing
1.6Minnesota Statutes 2012, sections 208.07; 208.08.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 204B.07, subdivision 2, is amended to read:
1.9 Subd. 2. Petitions for presidential electors and alternates. This subdivision
1.10does not apply to candidates for presidential elector or alternate nominated by major
1.11political parties. Major party candidates for presidential elector or alternate are certified
1.12under section208.03 . Other presidential electors or alternates are nominated by petition
1.13pursuant to this section. On petitions nominating presidential electors or alternates, the
1.14names of the candidates for president and vice-president shall be added to the political
1.15party or political principle stated on the petition. One petition may be filed to nominate a
1.16slate of presidential electors equal in number to the number of electors to which the state
1.17is entitled and an alternate for each elector nominee.
1.18 Sec. 2. Minnesota Statutes 2012, section 208.02, is amended to read:
1.19208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
1.20Presidential electors and alternates shall be chosen at the state general election held
1.21in the year preceding the expiration of the term of the president of the United States.
2.1 Sec. 3. Minnesota Statutes 2012, section 208.03, is amended to read:
2.2208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND
2.3ALTERNATES.
2.4Presidential electors and alternates for the major political parties of this state shall be
2.5nominated by delegate conventions called and held under the supervision of the respective
2.6state central committees of the parties of this state. At least 71 days before the general
2.7election day the chair of the major political party shall certify to the secretary of state
2.8the names of the persons nominated as presidential electors, the names ofeight persons
2.9nominated as alternate presidential electors, and the names of the party candidates for
2.10president and vice president. The chair shall also certify that the party candidates for
2.11president and vice president have no affidavit on file as a candidate for any office in
2.12this state at the ensuing general election.
2.13 Sec. 4. Minnesota Statutes 2012, section 208.06, is amended to read:
2.14208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL;
2.15FILLING OF VACANCIES.
2.16The presidential electors and alternate presidential electors, before 12:00 M. on the
2.17day before that fixed by Congress for the electors to vote for president and vice president
2.18of the United States, shall notify the governor that they are at the State Capitol and ready
2.19at the proper time to fulfill their duties as electors. The governor shall deliver to the
2.20electors present a certificate of the names of all the electors.If any elector named therein
2.21fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president
2.22and vice president of the United States, an alternate, chosen from among the alternates by
2.23lot, shall be appointed to act for that elector. If more than eight alternates are necessary,
2.24the electors present shall, in the presence of the governor, immediately elect by ballot a
2.25person to fill the vacancy. If more than the number of persons required have the highest
2.26and an equal number of votes, the governor, in the presence of the electors attending, shall
2.27decide by lot which of those persons shall be elected The electors shall meet at 12:00 p.m.
2.28in the executive chamber of the State Capitol and shall perform all the duties imposed
2.29upon them as electors by the Constitution and laws of the United States and this state
2.30in the manner provided in section 208.46.
2.31 Sec. 5. [208.40] SHORT TITLE.
2.32Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
2.33Electors Act."
3.1 Sec. 6. [208.41] DEFINITIONS.
3.2(a) The definitions in this section apply to sections 208.40 to 208.48.
3.3(b) "Cast" means accepted by the secretary of state in accordance with section
3.4208.46, paragraph (b).
3.5(c) "Elector" means an individual selected as a presidential elector under this chapter.
3.6(d) "President" means the president of the United States.
3.7(e) "Unaffiliated presidential candidate" means a candidate for president who
3.8qualifies for the general election ballot in this state by means other than nomination by a
3.9political party.
3.10(f) "Vice president" means the vice president of the United States.
3.11 Sec. 7. [208.42] DESIGNATION OF STATE'S ELECTORS.
3.12For each elector position in this state, a political party contesting the position, or
3.13an unaffiliated presidential candidate, shall submit to the secretary of state the names of
3.14two qualified individuals. One of the individuals must be designated "elector nominee"
3.15and the other "alternate elector nominee."
3.16Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
3.17the winning elector nominees under the laws of this state.
3.18 Sec. 8. [208.43] PLEDGE.
3.19Each elector nominee and alternate elector nominee of a political party shall execute
3.20the following pledge: "If selected for the position of elector, I agree to serve and to mark
3.21my ballots for president and vice president for the nominees for those offices of the party
3.22that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
3.23presidential candidate shall execute the following pledge: "If selected for the position
3.24of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
3.25to mark my ballots for that candidate and for that candidate's vice-presidential running
3.26mate." The executed pledges must accompany the submission of the corresponding names
3.27to the secretary of state.
3.28 Sec. 9. [208.44] CERTIFICATION OF ELECTORS.
3.29In submitting this state's certificate of ascertainment as required by United States
3.30Code, title 3, section 6, the governor shall certify this state's electors and state in the
3.31certificate that:
4.1(1) the electors will serve as electors unless a vacancy occurs in the office of elector
4.2before the end of the meeting at which elector votes are cast, in which case a substitute
4.3elector will fill the vacancy; and
4.4(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
4.5amended certificate of ascertainment stating the names on the final list of this state's
4.6electors.
4.7 Sec. 10. [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
4.8(a) The secretary of state shall preside at the meeting of electors described in section
4.9208.06.
4.10(b) The position of an elector not present to vote is vacant. The secretary of state
4.11shall appoint an individual as a substitute elector to fill a vacancy as follows:
4.12(1) if the alternate elector is present to vote, by appointing the alternate elector
4.13for the vacant position;
4.14(2) if the alternate elector for the vacant position is not present to vote, by appointing
4.15an elector chosen by lot from among the alternate electors present to vote who were
4.16nominated by the same political party or unaffiliated presidential candidate;
4.17(3) if the number of alternate electors present to vote is insufficient to fill any
4.18vacant position pursuant to clauses (1) and (2), by appointing any immediately available
4.19individual who is qualified to serve as an elector and chosen through nomination by a
4.20plurality vote of the remaining electors, including nomination and vote by a single elector
4.21if only one remains;
4.22(4) if there is a tie between at least two nominees for substitute elector in a vote
4.23conducted under clause (3), by appointing an elector chosen by lot from among those
4.24nominees; or
4.25(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
4.26(4), by appointing a single presidential elector, with remaining vacant positions to be filled
4.27under clause (3) and, if necessary, clause (4).
4.28(c) To qualify as a substitute elector under paragraph (b), an individual who has not
4.29executed the pledge required under section 208.43 shall execute the following pledge: "I
4.30agree to serve and to mark my ballots for president and vice president consistent with the
4.31pledge of the individual to whose elector position I have succeeded."
4.32 Sec. 11. [208.46] ELECTOR VOTING.
4.33(a) At the time designated for elector voting in section 208.06, and after all vacant
4.34positions have been filled under section 208.45, the secretary of state shall provide each
5.1elector with a presidential and a vice-presidential ballot. The elector shall mark the
5.2elector's presidential and vice-presidential ballots with the elector's votes for the offices
5.3of president and vice president, respectively, along with the elector's signature and the
5.4elector's legibly printed name.
5.5(b) Except as otherwise provided by law of this state other than this chapter, each
5.6elector shall present both completed ballots to the secretary of state, who shall examine
5.7the ballots and accept as cast all ballots of electors whose votes are consistent with their
5.8pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
5.9provided by law of this state other than this chapter, the secretary of state may not accept
5.10and may not count either an elector's presidential or vice-presidential ballot if the elector
5.11has not marked both ballots or has marked a ballot in violation of the elector's pledge.
5.12(c) An elector who refuses to present a ballot, presents an unmarked ballot, or
5.13presents a ballot marked in violation of the elector's pledge executed under section 208.43
5.14or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
5.15filled under section 208.45.
5.16(d) The secretary of state shall distribute ballots to and collect ballots from a
5.17substitute elector and repeat the process under this section of examining ballots, declaring
5.18and filling vacant positions as required, and recording appropriately completed ballots from
5.19the substituted electors, until all of this state's electoral votes have been cast and recorded.
5.20 Sec. 12. [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
5.21(a) After the vote of this state's electors is completed, if the final list of electors
5.22differs from any list that the governor previously included on a certificate of ascertainment
5.23prepared and transmitted under United States Code, title 3, section 6, the secretary of state
5.24immediately shall prepare an amended certificate of ascertainment and transmit it to
5.25the governor for the governor's signature.
5.26(b) The governor immediately shall deliver the signed amended certificate of
5.27ascertainment to the secretary of state and a signed duplicate original of the amended
5.28certificate of ascertainment to all individuals entitled to receive this state's certificate of
5.29ascertainment, indicating that the amended certificate of ascertainment is to be substituted
5.30for the certificate of ascertainment previously submitted.
5.31(c) The secretary of state shall prepare a certificate of vote. The electors on the final
5.32list shall sign the certificate. The secretary of state shall process and transmit the signed
5.33certificate with the amended certificate of ascertainment under United States Code, title
5.343, sections 9, 10, and 11.
6.1 Sec. 13. [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
6.2In applying and construing sections 208.40 to 208.48, consideration must be given
6.3to the need to promote uniformity of the law with respect to their subject matter among
6.4states that enact the Uniform Faithful Presidential Electors Act or similar law.
6.5 Sec. 14. Minnesota Statutes 2012, section 209.01, subdivision 2, is amended to read:
6.6 Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the
6.7office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
6.8chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
6.9United States senator, or presidential elector or alternate.
6.10 Sec. 15. REPEALER.
6.11Minnesota Statutes 2012, sections 208.07; and 208.08, are repealed.
1.3making conforming changes;amending Minnesota Statutes 2012, sections
1.4204B.07, subdivision 2; 208.02; 208.03; 208.06; 209.01, subdivision 2;
1.5proposing coding for new law in Minnesota Statutes, chapter 208; repealing
1.6Minnesota Statutes 2012, sections 208.07; 208.08.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 204B.07, subdivision 2, is amended to read:
1.9 Subd. 2. Petitions for presidential electors and alternates. This subdivision
1.10does not apply to candidates for presidential elector or alternate nominated by major
1.11political parties. Major party candidates for presidential elector or alternate are certified
1.12under section
1.13pursuant to this section. On petitions nominating presidential electors or alternates, the
1.14names of the candidates for president and vice-president shall be added to the political
1.15party or political principle stated on the petition. One petition may be filed to nominate a
1.16slate of presidential electors equal in number to the number of electors to which the state
1.17is entitled and an alternate for each elector nominee.
1.18 Sec. 2. Minnesota Statutes 2012, section 208.02, is amended to read:
1.19208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
1.20Presidential electors and alternates shall be chosen at the state general election held
1.21in the year preceding the expiration of the term of the president of the United States.
2.1 Sec. 3. Minnesota Statutes 2012, section 208.03, is amended to read:
2.2208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND
2.3ALTERNATES.
2.4Presidential electors and alternates for the major political parties of this state shall be
2.5nominated by delegate conventions called and held under the supervision of the respective
2.6state central committees of the parties of this state. At least 71 days before the general
2.7election day the chair of the major political party shall certify to the secretary of state
2.8the names of the persons nominated as presidential electors, the names of
2.9nominated as alternate presidential electors, and the names of the party candidates for
2.10president and vice president. The chair shall also certify that the party candidates for
2.11president and vice president have no affidavit on file as a candidate for any office in
2.12this state at the ensuing general election.
2.13 Sec. 4. Minnesota Statutes 2012, section 208.06, is amended to read:
2.14208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL
2.15
2.16The presidential electors and alternate presidential electors, before 12:00 M. on the
2.17day before that fixed by Congress for the electors to vote for president and vice president
2.18of the United States, shall notify the governor that they are at the State Capitol and ready
2.19at the proper time to fulfill their duties as electors. The governor shall deliver to the
2.20electors present a certificate of the names of all the electors.
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28in the executive chamber of the State Capitol and shall perform all the duties imposed
2.29upon them as electors by the Constitution and laws of the United States and this state
2.30in the manner provided in section 208.46.
2.31 Sec. 5. [208.40] SHORT TITLE.
2.32Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
2.33Electors Act."
3.1 Sec. 6. [208.41] DEFINITIONS.
3.2(a) The definitions in this section apply to sections 208.40 to 208.48.
3.3(b) "Cast" means accepted by the secretary of state in accordance with section
3.4208.46, paragraph (b).
3.5(c) "Elector" means an individual selected as a presidential elector under this chapter.
3.6(d) "President" means the president of the United States.
3.7(e) "Unaffiliated presidential candidate" means a candidate for president who
3.8qualifies for the general election ballot in this state by means other than nomination by a
3.9political party.
3.10(f) "Vice president" means the vice president of the United States.
3.11 Sec. 7. [208.42] DESIGNATION OF STATE'S ELECTORS.
3.12For each elector position in this state, a political party contesting the position, or
3.13an unaffiliated presidential candidate, shall submit to the secretary of state the names of
3.14two qualified individuals. One of the individuals must be designated "elector nominee"
3.15and the other "alternate elector nominee."
3.16Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
3.17the winning elector nominees under the laws of this state.
3.18 Sec. 8. [208.43] PLEDGE.
3.19Each elector nominee and alternate elector nominee of a political party shall execute
3.20the following pledge: "If selected for the position of elector, I agree to serve and to mark
3.21my ballots for president and vice president for the nominees for those offices of the party
3.22that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
3.23presidential candidate shall execute the following pledge: "If selected for the position
3.24of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
3.25to mark my ballots for that candidate and for that candidate's vice-presidential running
3.26mate." The executed pledges must accompany the submission of the corresponding names
3.27to the secretary of state.
3.28 Sec. 9. [208.44] CERTIFICATION OF ELECTORS.
3.29In submitting this state's certificate of ascertainment as required by United States
3.30Code, title 3, section 6, the governor shall certify this state's electors and state in the
3.31certificate that:
4.1(1) the electors will serve as electors unless a vacancy occurs in the office of elector
4.2before the end of the meeting at which elector votes are cast, in which case a substitute
4.3elector will fill the vacancy; and
4.4(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
4.5amended certificate of ascertainment stating the names on the final list of this state's
4.6electors.
4.7 Sec. 10. [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
4.8(a) The secretary of state shall preside at the meeting of electors described in section
4.9208.06.
4.10(b) The position of an elector not present to vote is vacant. The secretary of state
4.11shall appoint an individual as a substitute elector to fill a vacancy as follows:
4.12(1) if the alternate elector is present to vote, by appointing the alternate elector
4.13for the vacant position;
4.14(2) if the alternate elector for the vacant position is not present to vote, by appointing
4.15an elector chosen by lot from among the alternate electors present to vote who were
4.16nominated by the same political party or unaffiliated presidential candidate;
4.17(3) if the number of alternate electors present to vote is insufficient to fill any
4.18vacant position pursuant to clauses (1) and (2), by appointing any immediately available
4.19individual who is qualified to serve as an elector and chosen through nomination by a
4.20plurality vote of the remaining electors, including nomination and vote by a single elector
4.21if only one remains;
4.22(4) if there is a tie between at least two nominees for substitute elector in a vote
4.23conducted under clause (3), by appointing an elector chosen by lot from among those
4.24nominees; or
4.25(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
4.26(4), by appointing a single presidential elector, with remaining vacant positions to be filled
4.27under clause (3) and, if necessary, clause (4).
4.28(c) To qualify as a substitute elector under paragraph (b), an individual who has not
4.29executed the pledge required under section 208.43 shall execute the following pledge: "I
4.30agree to serve and to mark my ballots for president and vice president consistent with the
4.31pledge of the individual to whose elector position I have succeeded."
4.32 Sec. 11. [208.46] ELECTOR VOTING.
4.33(a) At the time designated for elector voting in section 208.06, and after all vacant
4.34positions have been filled under section 208.45, the secretary of state shall provide each
5.1elector with a presidential and a vice-presidential ballot. The elector shall mark the
5.2elector's presidential and vice-presidential ballots with the elector's votes for the offices
5.3of president and vice president, respectively, along with the elector's signature and the
5.4elector's legibly printed name.
5.5(b) Except as otherwise provided by law of this state other than this chapter, each
5.6elector shall present both completed ballots to the secretary of state, who shall examine
5.7the ballots and accept as cast all ballots of electors whose votes are consistent with their
5.8pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
5.9provided by law of this state other than this chapter, the secretary of state may not accept
5.10and may not count either an elector's presidential or vice-presidential ballot if the elector
5.11has not marked both ballots or has marked a ballot in violation of the elector's pledge.
5.12(c) An elector who refuses to present a ballot, presents an unmarked ballot, or
5.13presents a ballot marked in violation of the elector's pledge executed under section 208.43
5.14or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
5.15filled under section 208.45.
5.16(d) The secretary of state shall distribute ballots to and collect ballots from a
5.17substitute elector and repeat the process under this section of examining ballots, declaring
5.18and filling vacant positions as required, and recording appropriately completed ballots from
5.19the substituted electors, until all of this state's electoral votes have been cast and recorded.
5.20 Sec. 12. [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
5.21(a) After the vote of this state's electors is completed, if the final list of electors
5.22differs from any list that the governor previously included on a certificate of ascertainment
5.23prepared and transmitted under United States Code, title 3, section 6, the secretary of state
5.24immediately shall prepare an amended certificate of ascertainment and transmit it to
5.25the governor for the governor's signature.
5.26(b) The governor immediately shall deliver the signed amended certificate of
5.27ascertainment to the secretary of state and a signed duplicate original of the amended
5.28certificate of ascertainment to all individuals entitled to receive this state's certificate of
5.29ascertainment, indicating that the amended certificate of ascertainment is to be substituted
5.30for the certificate of ascertainment previously submitted.
5.31(c) The secretary of state shall prepare a certificate of vote. The electors on the final
5.32list shall sign the certificate. The secretary of state shall process and transmit the signed
5.33certificate with the amended certificate of ascertainment under United States Code, title
5.343, sections 9, 10, and 11.
6.1 Sec. 13. [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
6.2In applying and construing sections 208.40 to 208.48, consideration must be given
6.3to the need to promote uniformity of the law with respect to their subject matter among
6.4states that enact the Uniform Faithful Presidential Electors Act or similar law.
6.5 Sec. 14. Minnesota Statutes 2012, section 209.01, subdivision 2, is amended to read:
6.6 Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the
6.7office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
6.8chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
6.9United States senator, or presidential elector or alternate.
6.10 Sec. 15. REPEALER.
6.11Minnesota Statutes 2012, sections 208.07; and 208.08, are repealed.
