HF 3172

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; changing certain ballot delivery, election judge, mail
election, special election and special primary, school district election, and
postelection review procedures; authorizing continued use of certain applications;
amending Minnesota Statutes 2006, sections 203B.06, subdivision 3; 203B.11,
subdivision 4; 204B.21; 204B.46; 204D.19, subdivision 2; 204D.23, subdivision
2; 204D.27, by adding a subdivision; 205.075, by adding a subdivision; 205A.03,
subdivision 1; 205A.06, subdivision 1a; 205A.10, subdivision 2; 205A.12, by
adding a subdivision; 206.89, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots new text begin , as provided in section 203B.11, subdivision 4, new text end to a
voter new text begin who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or new text end who is a patient in a health care facility, deleted text begin as provided in
section 203B.11, subdivision 4, deleted text end new text begin a resident of a facility providing assisted living services
governed by chapter 144G, new text end a participant in a residential program for adults licensed under
section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined
in section 611A.37, subdivision 4.

(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:

Subd. 4.

Agent delivery of ballots.

During the deleted text begin four deleted text end new text begin seven new text end days preceding an
election and until 2:00 p.m. on election day, an eligible voter who deleted text begin is deleted text end new text begin would have difficulty
getting to the polls because of incapacitating health reasons, or who is disabled, new text end a patient
of a health care facility, new text begin a resident of a facility providing assisted living services governed
by chapter 144G, new text end a participant in a residential program for adults licensed under section
245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section
611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter from
the county auditor or municipal clerk. new text begin An agent must have a preexisting relationship
with the voter. new text end A candidate at the election may not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m.
on election day. The voter must complete an affidavit requesting the auditor or clerk to
provide the agent with the ballots in a sealed transmittal envelope. The affidavit must
include a statement from the voter stating that the ballots were delivered to the voter by
the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than
three persons in any election. The secretary of state shall provide samples of the affidavit
and transmission envelope for use by the county auditors.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 204B.21, is amended to read:

204B.21 APPOINTMENT OF ELECTION JUDGES.

Subdivision 1.

Appointment lists; duties of political parties and county auditor.

On deleted text begin July deleted text end new text begin June new text end 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 deleted text begin July deleted text end new text begin June new text end 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.

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. new text begin Except as provided in
this section, new text end 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. new text begin At least two election judges in each precinct must be affiliated
with different major political parties. new text end 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 deleted text begin any deleted text end other deleted text begin individual to serve as an election judge subject to the
same requirements and qualifications deleted text end new text begin individuals who meet the qualifications to serve as
an election judge, including persons who are not affiliated with a major political party new text end .
The appointments shall be made at least 25 days before the election at which the election
judges will serve.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 4.

Minnesota Statutes 2006, section 204B.46, is amended to read:

204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may deleted text begin apply to the county auditor for approval of deleted text end new text begin conduct new text end an election by
mail with no polling place other than the office of the auditor or clerk. No more than two
questions may be submitted at a mail election and no offices may be voted on. Notice of
the election deleted text begin and deleted text end new text begin must be given to the county auditor at least 53 days prior to the election.
This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. new text end The
special mail deleted text begin procedure deleted text end new text begin ballot procedures new text end must be deleted text begin given deleted text end new text begin posted new text end at least six weeks prior
to the election. No earlier than 20 or later than 14 days prior to the election, the auditor
or clerk shall mail ballots by nonforwardable mail to all voters registered in the county,
municipality, or school district. Eligible voters not registered at the time the ballots are
mailed may apply for ballots pursuant to chapter 203B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 204D.19, subdivision 2, is amended to read:

Subd. 2.

Special election when the Congress or legislature will be in session.

Except for vacancies in the legislature which occur at any time between the last day
of session in an odd-numbered year and the deleted text begin 33rd deleted text end new text begin 40th new text end day prior to the opening day of
session in the succeeding even-numbered year, when a vacancy occurs and the Congress
or legislature will be in session so that the individual elected as provided by this section
could take office and exercise the duties of the office immediately upon election, the
governor shall issue within five days after the vacancy occurs a writ calling for a special
election. The special election shall be held as soon as possible, consistent with the notice
requirements of section 204D.22, subdivision 3, but in no event more than deleted text begin 28 deleted text end new text begin 35 new text end days
after the issuance of the writ.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2006, section 204D.23, subdivision 2, is amended to read:

Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and
petitions shall be filed no later than deleted text begin the seventh day deleted text end new text begin 14 days new text end before the special primary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2006, section 204D.27, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Recounts. new text end

new text begin In a special primary or special election, the provisions of
section 204C.35 apply, except that the secretary of state may immediately proceed to
recount the votes upon review of the certified reports of the county canvassing boards if
it is apparent from the review that a recount is required.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2006, section 205.075, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Election judges; party balance. new text end

new text begin The provisions of sections 204B.19,
subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision
2, relating to party balance in the appointment of judges and to duties to be performed
by judges of different major political parties do not apply to a town election not held
in conjunction with a statewide election.
new text end

Sec. 9.

Minnesota Statutes 2006, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Required deleted text end new text begin Resolution requiring new text end primary in certain circumstances.

deleted text begin In deleted text end new text begin The school board of new text end a school district deleted text begin election, deleted text end new text begin may, by resolution adopted by June 1 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 new text end 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 available, deleted text begin a deleted text end new text begin the new text end school district must hold a primary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2006, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

new text begin In school districts that have adopted a resolution to choose
nominees for school board by a primary election, new text end affidavits of candidacy must be filed
with the school district clerk no earlier than the 70th day and no later than the 56th day
before the first Tuesday after the second Monday in September in the year when the
school district general election is held. new text begin In all other school districts, affidavits of candidacy
must be filed no earlier than the 70th day and no later than the 56th day before the school
district general election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 11.

Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:

Subd. 2.

Election, conduct.

A school district election must be by secret ballot and
must be held and the returns made in the manner provided for the state general election, as
far as practicable. The vote totals from an absentee ballot board established pursuant to
section 203B.13 may be tabulated and reported by the school district as a whole rather
than by precinct. For school district elections not held in conjunction with a statewide
election, the school board shall appoint election judges as provided in section 204B.21,
subdivision 2. The provisions of sections 204B.19, subdivision 5; new text begin 204B.21, subdivision 2; new text end
204C.15; 204C.19; deleted text begin 206.64, subdivision 2; deleted text end 206.83; and 206.86, subdivision 2, relating to
party balance in appointment of judges and to duties to be performed by judges of different
major political parties do not apply to school district elections not held in conjunction
with a statewide election.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 12.

Minnesota Statutes 2006, section 205A.12, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin School districts. new text end

new text begin The school board of a school district may provide for
the use by the district of an electronic voting system in one or more polling places or
combined polling places in the school district for an election not held in conjunction with a
statewide election. No system may be adopted or used unless it has been approved by the
secretary of state pursuant to section 206.57. The school district shall notify the secretary
of state of its decision in compliance with section 206.58, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 13.

Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:

Subd. 5.

Additional review.

(a) If the postelection review reveals a difference
greater than one-half of one percent, the postelection review official must, within two days,
conduct an additional review of at least three precincts in the same jurisdiction where the
discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the
county auditor must immediately publicly select by lot at least three additional precincts
for review. The postelection review official must complete the additional review within
two days after the precincts are selected and report the results immediately to the county
auditor. If the second review also indicates a difference in the vote totals compiled by the
voting system that is greater than one-half of one percent from the result indicated by the
postelection review, the county auditor must conduct a review of the ballots from all the
remaining precincts in the county. This review must be completed deleted text begin no later than six weeks
after the state general election deleted text end new text begin and the results must be reported to the secretary of state
within one week after the second review was completed new text end .

(b) If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the new text begin secretary of state must
notify the new text end postelection review official new text begin of each county in the district that they new text end must conduct
deleted text begin a deleted text end manual deleted text begin recount deleted text end new text begin recounts new text end of all the ballots in the district for the affected office new text begin using the
procedure outlined in section 204C.35 new text end . The recount must be completed and the results
reported to the appropriate canvassing board deleted text begin no later than ten weeks after the state general
election deleted text end new text begin within two weeks after the postelection review official received notice from
the secretary of state new text end .

Sec. 14. new text begin EXISTING VOTER REGISTRATION APPLICATIONS.
new text end

new text begin Voter registration applications in existence on July 31, 2007, may be distributed,
completed, submitted, and processed until consumed, without alteration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2007.
new text end