Minnesota Legislature
HF 1229
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am
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A bill for an act
relating to elections; clarifying the restrictions on service of election judges;
modifying the creation of election judge appointment lists; limiting requirements
for use of lists of election judges prepared by major political parties; authorizing
the appointment of additional election judges; eliminating requirements for
election judges to initial ballots before use; amending Minnesota Statutes 2008,
sections 204B.19, subdivision 2; 204B.21, subdivisions 1, 2; 204C.09; 204C.13,
subdivision 5; 204C.18, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:
Subd. 2.
Individuals not qualified to be election judges.
new text begin (a) Except as provided in
paragraph (b), new text end no individual shall be appointed as an election judge for any precinct if
that individual:
deleted text begin (a)deleted text end new text begin (1)new text end is unable to read, writenew text begin ,new text end or speak the English language;
deleted text begin (b)deleted text end new text begin (2)new text end is the spouse, parent, childnew text begin , including a stepchild, new text end or siblingnew text begin , including a
stepsibling, new text end of any election judge serving in the same precinct or of any candidate at
that election; or
deleted text begin (c)deleted text end new text begin (3)new text end is a candidate at that election.
new text begin
(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
may serve as election judges in the same precinct, provided that they serve on separate
shifts that do not run concurrently.
new text end
Sec. 2.
Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and deleted text begin county auditordeleted text end new text begin
secretary of statenew text end .
On June 1 in a year in which there is an election for a partisan political
office, deleted text begin the county or legislative district chairs ofdeleted text end each major political partydeleted text begin , whichever is
designated by the state party,deleted text end shall prepare a list of eligible voters to act as election judges
in each election precinct deleted text begin in the county or legislative districtdeleted text end . The deleted text begin chairsdeleted text end new text begin political parties
new text end shall furnish the lists new text begin electronically new text end to the deleted text begin county auditor of the county in which the precinct
is locateddeleted text end new text begin secretary of state, in a format specified by the secretary of state. The secretary of
state must combine the data received from each political party under this subdivision and
must process the data through the automated precinct-finder to locate the precinct in which
the address provided for each potential election judge is located. If the data submitted
by a political party is insufficient for the secretary of state to locate the proper precinct,
the associated name must not appear in any list forwarded to an appointing authority
under this subdivision. The secretary of state shall notify political parties of any potential
election judges for whose addresses the secretary of state could not determine a precinctnew text end .
By June 15, the deleted text begin county auditordeleted text end new text begin secretary of state new text end shall furnish new text begin electronically new text end to the
deleted text begin appointing authoritiesdeleted text end new text begin county auditor new text end a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authoritydeleted text begin . Separate lists shall be submitted by
the county auditor for each major political partydeleted text end new text begin , noting the political party affiliation of
each individual on the list. The county auditor must promptly forward the appropriate
names to the appropriate municipal clerknew text end .
Sec. 3.
Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:
Subd. 2.
Appointing authority; powers and duties.
Election judges for precincts
in a municipality shall be appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing election-related duties
assigned by the county auditor shall be appointed by the county board. Election judges for
a precinct composed of two or more municipalities must be appointed by the governing
body of the municipality or municipalities responsible for appointing election judges as
provided in the agreement to combine for election purposes. Except as otherwise provided
in this section, appointments shall be made from lists furnished pursuant to subdivision 1
subject to the eligibility requirements and other qualifications established or authorized
under section 204B.19. At least two election judges in each precinct must be affiliated with
different major political parties. If no lists have been furnished or if additional election
judges are required after all listed names have been exhausted, the appointing authority
may appoint other individuals who meet the qualifications to serve as an election judge,
including persons who are not affiliated with a major political party. The appointments
shall be made at least 25 days before the election at which the election judges will servenew text begin ,
except that the appointing authority may pass a resolution authorizing the appointment of
additional election judges within the 25 days before the election if the appointing authority
determines that additional election judges will be requirednew text end .
Sec. 4.
Minnesota Statutes 2008, section 204C.09, is amended to read:
204C.09 BALLOT deleted text begin PREPARATIONdeleted text end new text begin DISTRIBUTION new text end BY ELECTION
JUDGES.
deleted text begin Subdivision 1. deleted text end
deleted text begin Initialing. deleted text end
deleted text begin
Before the voting begins, or as soon as possible after it
begins, at least two election judges shall each initial the backs of all the ballots. The
election judges shall not otherwise mark the ballots.
deleted text end
Subd. 2.
Distribution procedure.
Official ballots shall be distributed only in the
room containing the voting booths and only to individuals who are about to vote, except as
otherwise provided in section 204C.15, subdivision 2. deleted text begin No official ballot shall be distributed
to a voter unless it has been initialed by the election judges as provided in subdivision 1.deleted text end
Sec. 5.
Minnesota Statutes 2008, section 204C.13, subdivision 5, is amended to read:
Subd. 5.
Deposit of ballots in ballot boxes.
The voter shall then withdraw from
the voting booth with the ballots and hand them to the election judge in charge of the
ballot boxes. That election judge shall immediately deposit each ballot in the proper box.
deleted text begin Ballots that have not been initialed by the election judges as provided in section 204C.09,
shall not be deposited in the ballot box.deleted text end
Sec. 6.
Minnesota Statutes 2008, section 204C.18, subdivision 2, is amended to read:
Subd. 2.
Ballots; identifying marks; penalty.
No voter, election judge, or other
individual shall place at any time a mark as a means of identification upon any ballot
handed to or cast by a voter or upon spoiled or discarded ballotsdeleted text begin , except the initials
authorized by section 204C.09deleted text end . A violation of this subdivision is a gross misdemeanor.