Minnesota Legislature
SF 659
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am
Current Version - 1st Engrossment
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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; 204B.37; 204C.09;
204C.13, subdivision 5; 204C.18, subdivision 2; 204C.20, subdivision 2; 206.90,
subdivision 6.
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 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 proposed election judges with
addresses that could not be located in 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 new text begin in that municipalitynew text end 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 204B.37, is amended to read:
204B.37 BACK OF BALLOT.
On the back of all ballots shall be printed the words "Official Ballot", new text begin and new text end the date
of the election deleted text begin and lines for the initials of at least two election judgesdeleted text end . The words shall
be printed so that they will be visible when the ballot is properly folded for deposit in
the ballot box.
Sec. 5.
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. 6.
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. 7.
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.
Sec. 8.
Minnesota Statutes 2008, section 204C.20, subdivision 2, is amended to read:
Subd. 2.
Excess ballots.
If two or more ballots are found folded together like
a single ballot, the election judges shall lay them aside until all the ballots in the box
have been counted. If it is evident from the number of ballots to be counted that the
ballots folded together were cast by one voter, the election judges shall preserve but not
count them. deleted text begin If the number of ballots in one box exceeds the number to be counted, the
election judges shall examine all the ballots in the box to ascertain that all are properly
marked with the initials of the election judges. If any ballots are not properly marked with
the initials of the election judges, the election judges shall preserve but not count them;
however, if the number of ballots does not exceed the number to be counted, the absence
of either or both sets of initials of the election judges does not, by itself, disqualify the
vote from being counted and must not be the basis of a challenge in a recount.deleted text end If there is
deleted text begin stilldeleted text end an excess of properly marked ballots, the election judges shall replace them in the
box, and one election judge, without looking, shall withdraw from the box a number
of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be
preserved as provided in subdivision 4.
Sec. 9.
Minnesota Statutes 2008, section 206.90, subdivision 6, is amended to read:
Subd. 6.
Ballots.
In precincts using optical scan voting systems, a single ballot card
on which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may
be printed in another color ink.
On the front of the ballot must be printed the words "Official Ballot" and the date of
the election deleted text begin and lines for the initials of at least two election judgesdeleted text end .
When optical scan ballots are used, the offices to be elected must appear in the
following order: federal offices; state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions; municipal offices and questions;
school district offices and questions; special district offices and questions; and judicial
offices.
On optical scan ballots, the names of candidates and the words "yes" and "no" for
ballot questions must be printed as close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."
If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
instructions to voters must include a statement that reads substantially as follows: "THIS
BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the instructions to voters must
include a statement that reads substantially as follows: "ADDITIONAL POLITICAL
PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR
ONE POLITICAL PARTY ONLY." At the bottom of each political party column on the
primary ballot, the ballot must contain a statement that reads substantially as follows:
"CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section
204D.08, subdivision 4, do not apply to optical scan partisan primary ballots. Electronic
ballot displays and audio ballot readers must follow the order of offices and questions on
the optical scan or paper ballot used in the same precinct, or the sample ballot posted for
that precinct.