SF 2296

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/05/2012 11:00am

1.1A bill for an act

1.2relating to elections; modifying certificate on absentee ballot envelopes;
1.3prohibiting certain activities of political parties; changing the number of days
1.4before a general election that the names of presidential electors are required
1.5to be certified to the secretary of state; changing the date of the state primary;
1.6changing the date of primary elections conducted by a political subdivision in
1.7certain circumstances;amending Minnesota Statutes 2010, sections 203B.21,
1.8subdivision 3; 204B.04, by adding a subdivision; 204B.14, subdivision 4;
1.9204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1;
1.10204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2;
1.11205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2; 208.03;
1.12Minnesota Statutes 2011 Supplement, sections 204B.14, subdivision 2; 205A.06,
1.13subdivision 1a.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15    Section 1. Minnesota Statutes 2010, section 203B.21, subdivision 3, is amended to read:
1.16    Subd. 3. Back of return envelope. On the back of the return envelope a certificate
1.17shall appear with space for:
1.18    (1) the voter's address of present or former residence in Minnesota;
1.19    (2) the voter's current e-mail address, if the voter has one;
1.20    (3) a statement indicating the category described in section 203B.16 to which the
1.21voter belongs;
1.22    (4) a statement that the voter has not cast and will not cast another absentee ballot
1.23in the same election or elections;
1.24    (5) a statement that the voter personally marked the ballots without showing them to
1.25anyone, or if physically unable to mark them, that the voter directed another individual
1.26to mark them; and
1.27    (6) the same voter's passport number, Minnesota driver's license or state
1.28identification card number, or the last four digits of the voter's Social Security number as
2.1provided on the absentee ballot application; if the voter does not have access to any of
2.2these documents, the voter may attest to the truthfulness of the contents of the certificate
2.3under penalty of perjury.
2.4    The certificate shall also contain a signed and dated oath in the form required by
2.5section 705 of the Help America Vote Act, Public Law 107-252, which must read:
2.6    "I swear or affirm, under penalty of perjury, that:
2.7    I am a member of the uniformed services or merchant marine on active duty or
2.8an eligible spouse or dependent of such a member; a United States citizen temporarily
2.9residing outside the United States; or other United States citizen residing outside the
2.10United States; and I am a United States citizen, at least 18 years of age (or will be by the
2.11date of the election), and I am eligible to vote in the requested jurisdiction; I have not
2.12been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
2.13incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
2.14requesting a ballot, or voting in any other jurisdiction in the United States except the
2.15jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
2.16private and have not allowed any person to observe the marking of the ballot, except for
2.17those authorized to assist voters under state or federal law. I have not been influenced.
2.18    My signature and date below indicate when I completed this document.
2.19    The information on this form is true, accurate, and complete to the best of my
2.20knowledge. I understand that a material misstatement of fact in completion of this
2.21document may constitute grounds for a conviction for perjury."
2.22EFFECTIVE DATE.This section is effective June 29, 2012.

2.23    Sec. 2. Minnesota Statutes 2010, section 204B.04, is amended by adding a subdivision
2.24to read:
2.25    Subd. 4. Prohibited activities of a political party. A political party unit may not,
2.26through imposition or threatened imposition of any fine, sanction, or other penalty, attempt
2.27to coerce an individual who does not have the party unit's official endorsement as a means
2.28to prevent the individual from filing as a candidate for office.

2.29    Sec. 3. Minnesota Statutes 2011 Supplement, section 204B.14, subdivision 2, is
2.30amended to read:
2.31    Subd. 2. Separate precincts; combined polling place. (a) The following shall
2.32constitute at least one election precinct:
2.33(1) each city ward; and
2.34(2) each town and each statutory city.
3.1(b) A single, accessible, combined polling place may be established no later than
3.2May March 1 of any year:
3.3(1) for any city of the third or fourth class, any town, or any city having territory in
3.4more than one county, in which all the voters of the city or town shall cast their ballots;
3.5(2) for contiguous precincts in the same municipality;
3.6(3) for up to four contiguous municipalities located entirely outside the metropolitan
3.7area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
3.8(4) for noncontiguous precincts located in one or more counties.
3.9A copy of the ordinance or resolution establishing a combined polling place must
3.10be filed with the county auditor within 30 days after approval by the governing body. A
3.11polling place combined under clause (3) must be approved by the governing body of each
3.12participating municipality. A polling place combined under clause (4) must be approved
3.13by the governing body of each participating municipality and the secretary of state and
3.14may be located outside any of the noncontiguous precincts. A municipality withdrawing
3.15from participation in a combined polling place must do so by filing a resolution of
3.16withdrawal with the county auditor no later than April February 1 of any year.
3.17The secretary of state shall provide a separate polling place roster for each precinct
3.18served by the combined polling place. A single set of election judges may be appointed
3.19to serve at a combined polling place. The number of election judges required must be
3.20based on the total number of persons voting at the last similar election in all precincts to
3.21be voting at the combined polling place. Separate ballot boxes must be provided for the
3.22ballots from each precinct. The results of the election must be reported separately for each
3.23precinct served by the combined polling place, except in a polling place established under
3.24clause (2) where one of the precincts has fewer than ten registered voters, in which case the
3.25results of that precinct must be reported in the manner specified by the secretary of state.

3.26    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 4, is amended to read:
3.27    Subd. 4. Boundary change procedure. Any change in the boundary of an election
3.28precinct must be adopted at least ten weeks before the date of the next election and, for the
3.29state primary and general election, no later than June April 1 in the year of the state general
3.30election. The precinct boundary change shall not take effect until notice of the change has
3.31been posted in the office of the municipal clerk or county auditor for at least 56 days.
3.32The county auditor must publish a notice illustrating or describing the congressional,
3.33legislative, and county commissioner district boundaries in the county in one or more
3.34qualified newspapers in the county at least 14 days before the first day to file affidavits of
3.35candidacy for the state general election in the year ending in two.
4.1Alternate dates for adopting changes in precinct boundaries, posting notices
4.2of boundary changes, and notifying voters affected by boundary changes pursuant
4.3to this subdivision, and procedures for coordinating precinct boundary changes with
4.4reestablishing local government election district boundaries may be established in the
4.5manner provided in the rules of the secretary of state.

4.6    Sec. 5. Minnesota Statutes 2010, section 204B.21, subdivision 1, is amended to read:
4.7    Subdivision 1. Appointment lists; duties of political parties and secretary of
4.8state. On May March 1 in a year in which there is an election for a partisan political
4.9office, each major political party shall prepare a list of eligible voters to act as election
4.10judges in each election precinct. The political parties shall furnish the lists electronically
4.11to the secretary of state, in a format specified by the secretary of state. The secretary of
4.12state must combine the data received from each political party under this subdivision
4.13and must process the data to locate the precinct in which the address provided for each
4.14potential election judge is located. If the data submitted by a political party is insufficient
4.15for the secretary of state to locate the proper precinct, the associated name must not appear
4.16in any list forwarded to an appointing authority under this subdivision. The secretary of
4.17state shall notify political parties of any proposed election judges with addresses that
4.18could not be located in a precinct.
4.19    By May March 15, the secretary of state shall furnish electronically to the county
4.20auditor a list of the appropriate names for each election precinct in the jurisdiction of
4.21the appointing authority, noting the political party affiliation of each individual on the
4.22list. The county auditor must promptly forward the appropriate names to the appropriate
4.23municipal clerk.

4.24    Sec. 6. Minnesota Statutes 2010, section 204D.03, subdivision 1, is amended to read:
4.25    Subdivision 1. State primary. The state primary shall be held on the second first
4.26Tuesday after the third Monday in August June in each even-numbered year to select
4.27the nominees of the major political parties for partisan offices and the nominees for
4.28nonpartisan offices to be filled at the state general election, other than presidential electors.

4.29    Sec. 7. Minnesota Statutes 2010, section 204D.09, subdivision 1, is amended to read:
4.30    Subdivision 1. Example ballot. (a) No later than May March 1 of each year, the
4.31secretary of state shall supply each auditor with a copy of an example ballot. The example
4.32ballot must illustrate the format required for the ballots used in the primary and general
4.33elections that year.
5.1(b) The county auditor shall distribute copies of the example ballot to municipal and
5.2school district clerks in municipalities and school districts holding elections that year. The
5.3official ballot must conform in all respects to the example ballot.

5.4    Sec. 8. Minnesota Statutes 2010, section 204D.28, subdivision 5, is amended to read:
5.5    Subd. 5. Regular state primary. "Regular state primary" means:
5.6(a) the state primary at which candidates are nominated for offices elected at the
5.7state general election; or
5.8(b) a primary held on the second first Tuesday after the third Monday in August June
5.9of odd-numbered years.

5.10    Sec. 9. Minnesota Statutes 2010, section 205.065, subdivision 1, is amended to read:
5.11    Subdivision 1. Establishing primary. A municipal primary for the purpose of
5.12nominating elective officers may be held in any city on the second first Tuesday after the
5.13third Monday in August June of any year in which a municipal general election is to
5.14be held for the purpose of electing officers. The date of a municipal primary held in
5.15an odd-numbered year may be postponed for inclement weather as provided in section
5.16205.105 .

5.17    Sec. 10. Minnesota Statutes 2010, section 205.065, subdivision 2, is amended to read:
5.18    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
5.19or resolution adopted by April January 15 in the year when a municipal general election
5.20is held, elect to choose nominees for municipal offices by a primary as provided in this
5.21section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
5.22elections until it is revoked. The municipal clerk shall notify the secretary of state and the
5.23county auditor within 30 days after the adoption of the resolution or ordinance.

5.24    Sec. 11. Minnesota Statutes 2010, section 205A.03, subdivision 1, is amended to read:
5.25    Subdivision 1. Resolution requiring primary in certain circumstances. The
5.26school board of a school district may, by resolution adopted by April January 15 of any
5.27year, decide to choose nominees for school board by a primary as provided in this section.
5.28The resolution, when adopted, is effective for all ensuing elections of board members in
5.29that school district until it is revoked. If the board decides to choose nominees by primary
5.30and if there are more than two candidates for a specified school board position or more
5.31than twice as many school board candidates as there are at-large school board positions
5.32available, the school district must hold a primary.

6.1    Sec. 12. Minnesota Statutes 2010, section 205A.03, subdivision 2, is amended to read:
6.2    Subd. 2. Date. The school district primary must be held on the second first Tuesday
6.3after the third Monday in August June in the year when the school district general election
6.4is held. The clerk shall give notice of the primary in the manner provided in section
6.5205A.07 . The date of a school district primary held in an odd-numbered year may be
6.6postponed for inclement weather as provided in section 205A.055.

6.7    Sec. 13. Minnesota Statutes 2011 Supplement, section 205A.06, subdivision 1a,
6.8is amended to read:
6.9    Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
6.10nominees for school board by a primary election, affidavits of candidacy must be filed
6.11with the school district clerk no earlier than the 84th day and no later than the 70th day
6.12before the second first Tuesday after the third Monday in August June in the year when the
6.13school district general election is held. In all other school districts, affidavits of candidacy
6.14must be filed no earlier than the 98th day and no later than the 84th day before the school
6.15district general election.

6.16    Sec. 14. Minnesota Statutes 2010, section 205A.11, subdivision 2a, is amended to read:
6.17    Subd. 2a. Notice of special elections. The school district clerk shall prepare a
6.18notice to the voters who will be voting in a combined polling place for a school district
6.19special election. The notice must include the following information: the date of the
6.20election, the hours of voting, and the location of the voter's polling place. The notice must
6.21be sent by nonforwardable mail to every affected household in the school district with
6.22at least one registered voter. The notice must be mailed no later than 14 days before
6.23the election. The mailed notice is not required for a school district special election that
6.24is held on the second first Tuesday after the third Monday in August June, the Tuesday
6.25following the first Monday in November, or for a special election conducted entirely by
6.26mail. In addition, the mailed notice is not required for voters residing in a township if
6.27the school district special election is held on the second Tuesday in March and the town
6.28general election is held on that day. A notice that is returned as undeliverable must be
6.29forwarded immediately to the county auditor.

6.30    Sec. 15. Minnesota Statutes 2010, section 206.61, subdivision 5, is amended to read:
6.31    Subd. 5. Alternation. The provisions of the election laws requiring the alternation
6.32of names of candidates must be observed as far as practicable by changing the order of the
6.33names on an electronic voting system in the various precincts so that each name appears
7.1on the machines or marking devices used in a municipality substantially an equal number
7.2of times in the first, last, and in each intermediate place in the list or group in which
7.3they belong. However, the arrangement of candidates' names must be the same on all
7.4voting systems used in the same precinct. If the number of names to be alternated exceeds
7.5the number of precincts, the election official responsible for providing the ballots, in
7.6accordance with subdivision 1, shall determine by lot the alternation of names.
7.7If an electronic ballot marker is used with a paper ballot that is not an optical scan
7.8ballot card, the manner of alternation of candidate names on the paper ballot must be as
7.9prescribed for optical scan ballots in this subdivision.
7.10The rules adopted by the secretary of state for the rotation of candidate names must
7.11use the number of registered voters in each precinct as of 8:00 a.m. on May March 1 of
7.12the year when the rotation will be made as the basis for determining the rotation of names.

7.13    Sec. 16. Minnesota Statutes 2010, section 206.82, subdivision 2, is amended to read:
7.14    Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
7.15system is used and the county auditor of a county in which an electronic voting system
7.16is used in more than one municipality and the county auditor of a county in which a
7.17counting center serving more than one municipality is located shall prepare a plan which
7.18indicates acquisition of sufficient facilities, computer time, and professional services
7.19and which describes the proposed manner of complying with section 206.80. The plan
7.20must be signed, notarized, and submitted to the secretary of state more than 60 days
7.21before the first election at which the municipality uses an electronic voting system. Before
7.22May March 1 of each subsequent general election year, the clerk or auditor shall submit
7.23to the secretary of state notification of any changes to the plan on file with the secretary
7.24of state. The secretary of state shall review each plan for its sufficiency and may request
7.25technical assistance from the Office of Enterprise Technology or other agency which may
7.26be operating as the central computer authority. The secretary of state shall notify each
7.27reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
7.28of the plan. The attorney general, upon request of the secretary of state, may seek a district
7.29court order requiring an election official to fulfill duties imposed by this subdivision or by
7.30rules promulgated pursuant to this section.

7.31    Sec. 17. Minnesota Statutes 2010, section 208.03, is amended to read:
7.32208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
7.33Presidential electors for the major political parties of this state shall be nominated by
7.34delegate conventions called and held under the supervision of the respective state central
8.1committees of the parties of this state. At least 77 71 days before the general election day
8.2the chair of the major political party shall certify to the secretary of state the names of
8.3the persons nominated as presidential electors, the names of eight alternate presidential
8.4electors, and the names of the party candidates for president and vice president. The chair
8.5shall also certify that the party candidates for president and vice president have no affidavit
8.6on file as a candidate for any office in this state at the ensuing general election.

8.7    Sec. 18. EFFECTIVE DATE.
8.8Except where otherwise provided, this act is effective January 1, 2013, and applies
8.9to elections conducted on or after that date.