Minnesota Legislature
SF 2935
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - as introduced
1.1 A bill for an act 1.2 relating to elections; making certain technical 1.3 changes in the Minnesota Election Law; amending 1.4 Minnesota Statutes 2002, sections 200.02, subdivision 1.5 20; 201.071, subdivision 1, by adding a subdivision; 1.6 201.081; 201.091, subdivision 4; 201.096; 201.11; 1.7 201.121, by adding a subdivision; 201.14; 201.15, as 1.8 amended; 201.161; 201.211; 203B.04, subdivisions 1, 4, 1.9 5; 203B.06, subdivisions 4, 7; 203B.07; 203B.10; 1.10 203B.11, subdivision 1; 203B.12, subdivision 2; 1.11 203B.20; 203B.21, subdivision 3; 203B.22; 203B.24; 1.12 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 1.13 204B.18; 204B.25, subdivision 3; 204B.27, subdivision 1.14 3; 204B.45, subdivision 2; 204C.06, subdivision 2; 1.15 204C.10; 204C.24, subdivision 1; 204C.30, by adding a 1.16 subdivision; 204D.06; 204D.23, subdivision 4; 206.64, 1.17 subdivision 1; proposing coding for new law in 1.18 Minnesota Statutes, chapters 201; 203B; 204B; 204C; 1.19 205; 205A; 206; repealing Minnesota Statutes 2002, 1.20 section 203B.02, subdivision 1a; Minnesota Rules, 1.21 parts 8200.1200; 8200.2600; 8200.2700; 8200.2900; 1.22 8200.3550; 8200.3600; 8200.3700; 8200.3800; 8200.3900; 1.23 8200.6200; 8200.9120; 8210.0200; 8210.0225; 8210.0500; 1.24 8210.0600; 8210.0700; 8210.0800; 8210.2300; 8210.2400. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 Section 1. Minnesota Statutes 2002, section 200.02, 1.27 subdivision 20, is amended to read: 1.28 Subd. 20. [STATEWIDE REGISTRATION SYSTEM.] "Statewide 1.29 registration system" means the single, interactive, computerized 1.30 central statewide voter registration system and database 1.31 developed and maintained by the secretary of state pursuant to 1.32 section 201.022. 1.33 Sec. 2. Minnesota Statutes 2002, section 201.071, 1.34 subdivision 1, is amended to read: 1.35 Subdivision 1. [FORM.] (a) A registrationcardapplication 2.1 must be of suitable size and weight for mailing and contain 2.2 spaces for the following required information: whether the 2.3 voter is a United States citizen; whether the voter will be 18 2.4 years old on or before election day; the voter's first name, 2.5 middle name, and last name; the voter's previous name, if any; 2.6 the voter's current address; the voter's previous address, if 2.7 any; the voter's date of birth; the voter's municipality and 2.8 county of residence; the voter's telephone number, if provided 2.9 by the voter; the date of registration; the voter's current and 2.10 valid Minnesota driver's license number or Minnesota state 2.11 identification number or, if the voter has no current Minnesota 2.12 driver's license or state identification number, the last four 2.13 digits of the voter's Social Security number; the voter's e-mail 2.14 address, if provided by the voter; the voter's interest in 2.15 serving as an election judge, if indicated by the voter; and the 2.16 voter's signature. Thecardapplication must also containathe 2.17 following certification of voter eligibility.: 2.18 "I certify that I 2.19 (1) will be at least 18 years old on election day; 2.20 (2) am a citizen of the United States; 2.21 (3) will have resided in Minnesota for 20 days immediately 2.22 preceding election day; 2.23 (4) maintain residence at the address given on the 2.24 registration form; 2.25 (5) am not under a guardianship in which I have not 2.26 retained the right to vote; 2.27 (6) have not been found by a court to be legally 2.28 incompetent to vote; 2.29 (7) have not been convicted of a felony without having my 2.30 civil rights restored; and 2.31 (8) have read and understand this statement, that giving 2.32 false information is a felony punishable by not more than five 2.33 years' imprisonment or a fine of not more than $10,000, or both." 2.34 (b) Theform of thevoter registrationcard and the2.35certification of voter eligibilityapplication mustbe as2.36provided in the rules of the secretary of state.: 3.1 (1) be consistent in layout with the data entry screens 3.2 used by the statewide registration system; 3.3 (2) take into consideration readability and ease of 3.4 understanding; 3.5 (3) provide room for including a mailing address for 3.6 returning the completed registration; 3.7 (4) have printed on or with it a set of instructions for 3.8 completing the registration; and 3.9 (5) have printed on or with it a statement that assistance 3.10 for registration and voting is available for elderly and 3.11 disabled individuals and residents of health care facilities. 3.12 (c) The voter registration application must contain a box 3.13 marked "election day official use only" which contains "W ..," 3.14 "P ..," and "SD." These abbreviations stand for "ward," 3.15 "precinct," and "school district." Other information may also 3.16 be included. Judges of election shall record the type of 3.17 election day voter registration proof and its number, if any, in 3.18 the "election day official use only" box. 3.19 (d) The voter registration application may include a mark 3.20 identifying where the voter obtained the application or how the 3.21 application was delivered to the county auditor or secretary of 3.22 state. 3.23 (e) Voter registration forms authorized by the National 3.24 Voter Registration Actmaymust also be accepted as valid. The 3.25 Federal Post Card Application (FPCA) form for requesting 3.26 registration, an absentee ballot, or both must also be accepted 3.27 for voter registration purposes if it is not deficient and if 3.28 the voter is eligible to register in Minnesota. 3.29 (f) An individual may use a voter registration application 3.30 to apply to register to vote in Minnesota or to change 3.31 information on an existing registration. 3.32 (g) The secretary of state shall provide examples of the 3.33 voter registration application to all county auditors. 3.34 Sec. 3. Minnesota Statutes 2002, section 201.071, is 3.35 amended by adding a subdivision to read: 3.36 Subd. 9. [PROPERLY COMPLETED REGISTRATIONS.] If a county 4.1 auditor determines that a registration application has been 4.2 properly completed under this chapter, the auditor shall file 4.3 the application and enter the registration on the state 4.4 registration system. The county auditor shall maintain the file 4.5 in an orderly manner. The county auditor shall have a card 4.6 notice mailed to each newly registered voter and to each voter 4.7 who changed name or address information on the voter's existing 4.8 voting record indicating the voter's name, address, precinct, 4.9 and polling place. The card must require that it be returned if 4.10 not deliverable as addressed. 4.11 Sec. 4. Minnesota Statutes 2002, section 201.081, is 4.12 amended to read: 4.13 201.081 [REGISTRATION FILES.] 4.14 The statewide registration system is the official record of 4.15 registered voters. The voter registrationcardsapplications 4.16 and the terminal providing access to the statewide registration 4.17 system must be under the control of the secretary of state or 4.18 the county auditor or the public official to whom the secretary 4.19 of state or the county auditor has delegated the responsibility 4.20 for maintaining voter registration records. The voter 4.21 registrationcardsapplications and terminals providing access 4.22 to the statewide registration system must not be removed from 4.23 the control of the secretary of state or the county auditor 4.24 except as provided in this subdivision. The secretary of state 4.25 or the county auditor may make photographic copies of voter 4.26 registrationcardsapplications in the manner provided by 4.27 section 138.17. 4.28 A properly completed voter registrationcardapplication 4.29 that has been submitted to the secretary of state or a county 4.30 auditor must be maintained by the secretary of state or the 4.31 county auditor for at least 22 months after the date that the 4.32 information on thecardapplication is entered into the database 4.33 of the statewide registration system. The secretary of state or 4.34 the county auditor may dispose of thecardsapplications after 4.35 retention for 22 months in the manner provided by section 138.17. 4.36 The registration records of a voter whose registration has 5.1 been made inactive must be maintained in and accessible from the 5.2 statewide registration system for 22 months. 5.3 Sec. 5. Minnesota Statutes 2002, section 201.091, 5.4 subdivision 4, is amended to read: 5.5 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 5.6 shall make available for inspection a public information list in 5.7 electronic or other media which must contain the name, address, 5.8 year of birth, and voting history of each registered voter in 5.9 the county. The telephone number must be included on the list 5.10 if provided by the voter. The public information list may also 5.11 include information on voting districts. The public information 5.12 list must not include the last four digits of any person's 5.13 Social Security number, driver's license number, or Minnesota 5.14 identification number. The county auditor may adopt reasonable 5.15 rules governing access to the list. A copy of the public 5.16 information list must be available for public inspection for 5.17 authorized purposes at all times in the county auditor's 5.18 office. No individual inspecting the public information list 5.19 shall tamper with or alter it in any manner. No individual who 5.20 inspects the public information list or who acquires a list of 5.21 registered voters prepared from the public information list may 5.22 use any information contained in the list for purposes unrelated 5.23 to elections, political activities, or law enforcement. The 5.24 secretary of state may provide copies of the public information 5.25 lists and other information from the statewide registration 5.26 system for uses related to elections, political activities, or 5.27 in response to a law enforcement inquiry from a public official 5.28 concerning a failure to comply with any criminal statute or any 5.29 state or local tax statute. The secretary of state may make 5.30 public information lists available for public purchase. 5.31 Before inspecting the public information list or obtaining 5.32 a list of voters or other information from the list, the 5.33 individual shall provide identification to the public official 5.34 having custody of the public information list and shall state in 5.35 writing that any information obtained from the list will not be 5.36 used for purposes unrelated to elections, political activities, 6.1 or law enforcement. Requests to examine or obtain information 6.2 from the public information lists or the statewide registration 6.3 system must be made and processed in the manner provided in the 6.4 rules of the secretary of state. 6.5 Upon receipt of a written request and a copy of the court 6.6 order, the secretary of statemaymust withhold from the public 6.7 information list the name of any registered voter placed under 6.8 court-ordered protection. 6.9 Sec. 6. Minnesota Statutes 2002, section 201.096, is 6.10 amended to read: 6.11 201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION 6.12 SYSTEM.] 6.13 The county auditor shall allow independent or special 6.14 school districts to use the necessary portions of the statewide 6.15 registration system for school district elections. 6.16 The secretary of state or the county auditor may impose 6.17 reasonable requirements to preserve the security and integrity 6.18 of the system. The secretary of state or the county auditor and 6.19 the school district shall provide by agreement for the details 6.20 of the use of the system by the school district. The school 6.21 board may designate a member of the board or an employee as 6.22 registration officer. The provisions of this chapter and 6.23 chapter 203B relating to registration of voters apply to all 6.24 school district electionsin which the statewide registration6.25system is used. 6.26 Sec. 7. Minnesota Statutes 2002, section 201.11, is 6.27 amended to read: 6.28 201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 6.29 When the boundaries of a precinct are changed, the county 6.30 auditor shall immediately notify the secretary of state. The 6.31 secretary of state, or the county auditor if delegated by the 6.32 secretary of state, shall update the voter records for that 6.33 precinct in the statewide registration system to accurately 6.34 reflect those changes. 6.35 Sec. 8. Minnesota Statutes 2002, section 201.121, is 6.36 amended by adding a subdivision to read: 7.1 Subd. 4. [AUDITOR'S RANDOM NOTIFICATION.] Following each 7.2 election in which voters register on election day, the county 7.3 auditor shall send a mailed notice of registration to a random 7.4 sample of five percent of the election day registrants within 7.5 ten days of the election. This section does not relieve the 7.6 county auditor of the responsibility to send a mailed notice to 7.7 all registrants. 7.8 Sec. 9. Minnesota Statutes 2002, section 201.14, is 7.9 amended to read: 7.10 201.14 [STATE COURT ADMINISTRATOROF DISTRICT COURT, REPORT 7.11 CHANGES OF NAMES.] 7.12 The state court administratorof district court in each7.13countyshall report monthly to thecounty auditorsecretary of 7.14 state the name and address of each individual, 18 years of age 7.15 or over, who maintains residence in that county and whose name 7.16 was changed during the month preceding the date of the report, 7.17 by marriage, divorce or any order or decree of the court. The 7.18 report may be made by electronic means. The secretary of state 7.19 may designate the county auditor to modify the statewide voter 7.20 registration system in response to this report. If the report 7.21 is made by electronic means, the secretary of state shall 7.22 determine if any of the persons in the report are registered to 7.23 vote and shall prepare a list of those registrants for each 7.24 county auditor. Upon receipt of thereportlist, the county 7.25 auditor shall notify by mail each registered voter whose name 7.26 was changed that it will be necessary toreregisterchange the 7.27 registration under the changed name in order to vote. 7.28 Sec. 10. Minnesota Statutes 2002, section 201.15, as 7.29 amended by Laws 2003, chapter 12, article 2, section 3, is 7.30 amended to read: 7.31 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 7.32 COMMITMENTS.] 7.33 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 7.34 to the Help America Vote Act of 2002, Public Law 107-252, the 7.35 state court administrator shall report monthly to the secretary 7.36 of state the name, address, and date of birth of each individual 8.1 18 years of age or over, who during the month preceding the date 8.2 of the report: 8.3 (a) was placed under a guardianshipof the personin which 8.4 the court order provides that the ward does not retain the right 8.5 to vote; or 8.6 (b) was adjudged legally incompetent. 8.7 The court administrator shall also report the same 8.8 information for each individual transferred to the jurisdiction 8.9 of the court who meets a condition specified in clause (a) or 8.10 (b). The secretary of state shall determine if any of the 8.11 persons in the report is registered to vote and shall prepare a 8.12 list of those registrants for the county auditor. The secretary 8.13 of state or the county auditor shall change the status on the 8.14 record in the statewide registration system of any individual 8.15 named in the report to indicate that the individual is not 8.16 eligible toreregisterregister or vote, unless the voter is 8.17 restored to capacity. 8.18 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 8.19 America Vote Act of 2002, Public Law 107-252, the state court 8.20 administrator shall report monthly to the secretary of state the 8.21 name, address, and date of birth of each individual transferred 8.22 from guardianship to conservatorship or who is restored to 8.23 capacity by the court after being ineligible to vote for any of 8.24 the reasons specified in subdivision 1. The secretary of state 8.25 shall determine if any of the persons in the report is 8.26 registered to vote and shall prepare a list of those registrants 8.27 for the county auditor. The secretary of state or the county 8.28 auditor shall change the status on the voter's record in the 8.29 statewide registration system to "active." 8.30 Sec. 11. Minnesota Statutes 2002, section 201.161, is 8.31 amended to read: 8.32 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 8.33 APPLICATIONS.] 8.34 The Department of Public Safety shall change its 8.35 applications for an original, duplicate, or change of address 8.36 driver's license or identification card so that the forms may 9.1 also serve as voter registrationcardsapplications. The forms 9.2 must contain spaces for the information required in section 9.3 201.071, subdivision 1, and applicable rules of the secretary of9.4state. Applicants for driver's licenses or identification cards 9.5 must be asked if they want to register to vote at the same 9.6 time. A copy of each application containing a completed voter 9.7 registration must be sent to the county auditor of the county in 9.8 which the voter maintains residence or to the secretary of state 9.9 as soon as possible. The computerized driver's license record 9.10 information relating to name, address, date of birth, driver's 9.11 license number, county, town, and city must be made available 9.12 for access by the secretary of state and interaction with the 9.13 statewide voter registration system. 9.14 Sec. 12. Minnesota Statutes 2002, section 201.211, is 9.15 amended to read: 9.16 201.211 [COSTS.] 9.17 The office required to perform the functions and duties of 9.18 this chapter shall bear the costs incurred. If these functions 9.19 and duties are delegated to another office, that office shall 9.20 bear the costs. The secretary of state shall pay the costs of 9.21 operating and maintaining the statewide registration system. 9.22 The secretary of state shall also pay the costs of preparing 9.23 polling place rosters and master lists printed by the secretary 9.24 of state from the money appropriated for this purpose. 9.25 Sec. 13. [201.1215] [VERIFICATION; DISCREPANCIES.] 9.26 All applications for new voter registrations in the state 9.27 shall be verified pursuant to section 201.1615. A registration 9.28 record shall also be verified when a registered voter changes or 9.29 adds a Minnesota driver's license number, Minnesota state 9.30 identification number, or the last four digits of the Social 9.31 Security number on the voter's registration record, or when the 9.32 voter changes name, address, or date of birth information. 9.33 If, after matching the information in the statewide voter 9.34 registration system with the information contained in the 9.35 Department of Public Safety database, the accuracy of the 9.36 information on the voter registration application cannot be 10.1 verified, the county shall investigate and attempt to resolve 10.2 the discrepancy. If the discrepancy cannot be resolved, the 10.3 county auditor must challenge the voter in the statewide voter 10.4 registration system and may refer the matter to the county 10.5 attorney. 10.6 If during the verification process the Department of Public 10.7 Safety provides information that indicates that the voter is not 10.8 a citizen of the United States, the county auditor shall 10.9 challenge the voter in the statewide voter registration system 10.10 and refer the matter to the county attorney. 10.11 Sec. 14. Minnesota Statutes 2002, section 201.071, is 10.12 amended by adding a subdivision to read: 10.13 Subd. 3a. [NOTIFICATION OF DEFICIENT REGISTRATION.] If a 10.14 person attempts to register prior to election day and the county 10.15 auditor determines that the registration is deficient, the 10.16 auditor shall notify the person attempting to register that the 10.17 registration was not correctly completed. The auditor shall 10.18 attempt to obtain the needed information by mail, electronic 10.19 mail, or telephone. Except for registrations that are deficient 10.20 under section 201.071, subdivision 4a, if the auditor cannot 10.21 obtain the needed information, the registration is deficient and 10.22 the registration application must not be filed and must be 10.23 maintained separately for 22 months. The applicant shall be 10.24 allowed to vote only after correctly completing a registration 10.25 application. If an application is deficient under section 10.26 201.071, subdivision 4a, the application must be filed with the 10.27 list of registered voters with a notation on the record that the 10.28 voter must complete the registration as required by section 10.29 201.061 in order to vote. 10.30 If the auditor notifies a person of an incorrectly 10.31 completed registration, the auditor shall also notify the 10.32 applicant of the dates on which registrations cannot be accepted 10.33 for an election and of the procedures for election day 10.34 registration. In the notice to the applicant, the auditor shall 10.35 explain that a correctly completed registration received by the 10.36 auditor during the period when registrations cannot be accepted 11.1 for the upcoming election will make the applicant registered to 11.2 vote on the day after the upcoming election. 11.3 If an auditor receives a faulty or deficient registration 11.4 during the period when registrations cannot be accepted for an 11.5 election, the auditor shall notify the applicant that the 11.6 applicant must register at the polling place of the precinct in 11.7 which the applicant resides on election day to vote at the 11.8 election. In the notice to the applicant, the auditor shall 11.9 explain that a correctly completed registration received by the 11.10 auditor during the period when registrations cannot be accepted 11.11 for the upcoming election will make the applicant registered to 11.12 vote on the day after the upcoming election. 11.13 Sec. 15. [201.157] [NOTICE OF CHALLENGE REMOVAL.] 11.14 The county auditor shall mail a notice indicating the 11.15 individual's name, address, precinct, and polling place to any 11.16 registered voter whose civil rights have been restored after a 11.17 felony conviction; who has been removed from under a 11.18 guardianship under which the person did not retain the right to 11.19 vote; or who has been restored to capacity by the court after 11.20 being ineligible to vote. The notice must require that it be 11.21 returned if not deliverable. 11.22 Sec. 16. [201.075] [CHANGE OF RESIDENCE.] 11.23 An individual who has previously registered to vote in 11.24 Minnesota who changes residence must be permitted to vote only 11.25 after updating the registration by completing a registration 11.26 application using the individual's new residence. 11.27 Sec. 17. [201.076] [PROCESSING OF NATIONAL VOTER 11.28 REGISTRATION ACT APPLICATIONS.] 11.29 All county auditors shall accept voter registration 11.30 applications on forms prescribed by the Federal Election 11.31 Commission as provided by the National Voter Registration Act if 11.32 the application is from a person eligible to vote in Minnesota, 11.33 and includes whether the voter is a United States citizen and 11.34 will be 18 years old on or before election day, the registrant's 11.35 name, address in Minnesota, previous address, if any, date of 11.36 birth, current and valid Minnesota driver's license or Minnesota 12.1 state identification card, or if the voter has no current and 12.2 valid Minnesota driver's license or Minnesota state 12.3 identification card, the last four digits of the voter's Social 12.4 Security number, registrant's signature, and the date of 12.5 registration. The application must be processed and stored by 12.6 the county auditor in the same manner as a Minnesota voter 12.7 registration application. 12.8 Sec. 18. Minnesota Statutes 2002, section 203B.02, is 12.9 amended by adding a subdivision to read: 12.10 Subd. 4. [PRESIDENTIAL BALLOT.] A person who is qualified 12.11 under United States Code, title 42, section 1973aa-1, to vote 12.12 for the offices of president and vice-president or for electors 12.13 for president and vice-president may vote by absentee ballot or 12.14 in person at the auditor's office in the county where the person 12.15 formerly resided. 12.16 The following persons are qualified: a voter who will be 12.17 at least 18 years old on election day, is a citizen of the 12.18 United States, and is not under court-ordered guardianship of 12.19 the person without retaining the right to vote, has not been 12.20 found by a court to be legally incompetent to vote, has not been 12.21 convicted of a felony without having civil rights restored, or 12.22 has previously lived in Minnesota and has moved from Minnesota 12.23 to another state within 30 days of a presidential election and 12.24 is not eligible to vote in the state in which the voter now 12.25 resides, may apply for an absentee ballot that contains only the 12.26 offices of president and vice-president in accordance with the 12.27 requirements of United States Code, title 42, section 1973aa-1. 12.28 Sec. 19. Minnesota Statutes 2002, section 203B.04, 12.29 subdivision 1, is amended to read: 12.30 Subdivision 1. [APPLICATION PROCEDURES.] Except as 12.31 otherwise allowed by subdivision 2, an application for absentee 12.32 ballots for any election may be submitted at any time not less 12.33 than one day before the day of that election. The county 12.34 auditor shall prepare absentee ballot application forms in the 12.35 format providedin the rules ofby the secretary of state and 12.36 shall furnish them to any person on request. By January 1 of 13.1 each even-numbered year, the secretary of state shall make 13.2 example forms available to auditors through electronic means. 13.3 An application submitted pursuant to this subdivision shall be 13.4 in writing and shall be submitted to: 13.5 (a) the county auditor of the county where the applicant 13.6 maintains residence; or 13.7 (b) the municipal clerk of the municipality, or school 13.8 district if applicable, where the applicant maintains residence. 13.9 An application shall be approved if it is timely received, 13.10 signed and dated by the applicant, contains the applicant's name 13.11 and residence and mailing addresses, and states that the 13.12 applicant is eligible to vote by absentee ballot for one of the 13.13 reasons specified in section 203B.02. The application may 13.14 contain a request for the voter's date of birth, which must not 13.15 be made available for public inspection. An application may be 13.16 submitted to the county auditor or municipal clerk by an 13.17 electronic facsimile device or other electronically transmitted 13.18 image. An application mailed or returned in person to the 13.19 county auditor or municipal clerk on behalf of a voter by a 13.20 person other than the voter must be deposited in the mail or 13.21 returned in person to the county auditor or municipal clerk 13.22 within ten days after it has been dated by the voter and no 13.23 later than six days before the election. The absentee ballot 13.24 applications or a list of persons applying for an absentee 13.25 ballot may not be made available for public inspection until the 13.26 close of voting on election day. 13.27 An application under this subdivision may contain an 13.28 application under subdivision 5 to automatically receive an 13.29 absentee ballot application. 13.30 If an application cannot be approved because it is missing 13.31 information, the auditor or clerk must attempt to obtain the 13.32 information by mail, electronic mail, or telephone. If the 13.33 missing information cannot be obtained, or if for any other 13.34 reason the application cannot be approved, the auditor or clerk 13.35 must notify the voter in writing of the reason for the rejection 13.36 and must send a new application, time permitting. 14.1 Sec. 20. Minnesota Statutes 2002, section 203B.04, 14.2 subdivision 4, is amended to read: 14.3 Subd. 4. [ALTERNATE FORM OF REGISTRATIONAT TIME OF14.4APPLICATION.] An eligible voter who is not registered to vote 14.5 butwhois otherwise eligible to vote by absentee ballot may 14.6 register by including a completed voter registration 14.7cardapplication with the absentee ballot. The individual shall 14.8 present proof of residence as required by section 201.061, 14.9 subdivision 3, to the individual who witnesses the marking of 14.10 the absentee ballots. 14.11 Sec. 21. Minnesota Statutes 2002, section 203B.04, 14.12 subdivision 5, is amended to read: 14.13 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 14.14 eligible voter who reasonably expects to be permanently unable 14.15 to go to the polling place on election day because of illness or 14.16 disability may apply to a county auditor or municipal clerk 14.17 under this section to automatically receive an absentee ballot 14.18 application before each election, other than an election by mail 14.19 conducted under section 204B.45, and to have the status as a 14.20 permanent absentee voter indicated on the voter's registration 14.21 record. Voters covered by this subdivision are exempt from 14.22 mail-in requirements in section 201.016, subdivision 1a, 14.23 paragraph (b). 14.24 (b) The secretary of state shall adopt rules governing 14.25 procedures under this subdivision. 14.26 Sec. 22. Minnesota Statutes 2002, section 203B.04, is 14.27 amended by adding a subdivision to read: 14.28 Subd. 6. [PERMANENT APPLICATION.] An eligible voter who 14.29 meets the requirements in section 203B.04, subdivision 5, may 14.30 apply to the county auditor or municipal clerk to automatically 14.31 receive an absentee ballot application for each election in 14.32 which the voter is eligible to vote. The county auditor shall 14.33 make available the form provided in subdivision 9 for this 14.34 purpose. The voter shall complete the form and return it to the 14.35 county auditor or municipal clerk. A municipal clerk who 14.36 receives a completed application shall immediately forward it to 15.1 the county auditor. The voter's permanent application status 15.2 must be indicated and permanently maintained on the voter's 15.3 registration record on the statewide voter registration system. 15.4 The county auditor shall maintain a list of voters who have 15.5 applied to automatically receive an absentee ballot 15.6 application. At least 45 days before each election, the county 15.7 auditor or municipal clerk shall send an absentee ballot 15.8 application to each person on the list who is eligible to vote 15.9 in the election. 15.10 Sec. 23. [203B.041] [APPLICATION FORM; INSTRUCTIONS.] 15.11 Subdivision 1. [ALTERNATIVE REQUIREMENTS.] (a) Absentee 15.12 ballot applications prepared under sections 203B.06, subdivision 15.13 1, and 203B.17, subdivision 2, must be in the form prescribed by 15.14 the secretary of state. The secretary of state shall make the 15.15 forms available by January 1 of even-numbered years by 15.16 electronic means. 15.17 (b) An absentee ballot application prepared under section 15.18 203B.06, subdivision 1, must include spaces for the following 15.19 information: the elections for which the absentee ballot is 15.20 requested; the reason under section 203B.02, subdivision 1, for 15.21 requesting the ballot; the voter's name, date of birth, 15.22 Minnesota driver's license number or Minnesota state 15.23 identification number, resident address in the county, telephone 15.24 number, electronic mail address, and address to which the 15.25 ballots are to be mailed; the date of the request; the voter's 15.26 signature; and instructions to the voter on completing the form 15.27 and returning the application as soon as possible. 15.28 (c) An absentee ballot application prepared under section 15.29 203B.17, subdivision 2, must include spaces for the following 15.30 information: the voter's name, date of birth, and address of 15.31 present or former residence in Minnesota; a statement and boxes 15.32 a voter must check to indicate that the voter is a member of the 15.33 armed forces, a spouse or dependent of a member of the armed 15.34 forces, temporarily outside the United States, or permanently 15.35 living outside the United States; a statement that the voter 15.36 expects to be absent from the voter's precinct at the time of 16.1 the election; the address to which the absentee ballot is to be 16.2 mailed; the voter's signature or the signature and relationship 16.3 of the individual authorized to apply on the voter's behalf; the 16.4 voter's telephone number, electronic mail address, and military 16.5 number or passport number; and a signature line and title for 16.6 the authorized witness under section 203B.17, subdivision 2, 16.7 paragraph (f). The form must include instructions to the voter 16.8 on completing the form and on who may complete the form on the 16.9 voter's behalf. The form must include instructions that the 16.10 application may be dropped off, mailed, sent by facsimile, or 16.11 submitted by electronic image. The form must include 16.12 instructions to return the application as soon as possible. 16.13 (d) An absentee ballot application prepared under section 16.14 203B.02, subdivision 4, must include a statement of eligibility 16.15 in which the voter affirms that the voter will be at least 18 16.16 years old on election day, is a citizen of the United States, 16.17 and is not under court-ordered guardianship of the person 16.18 without retaining the right to vote, has not been found by a 16.19 court to be legally incompetent to vote, and has not been 16.20 convicted of a felony without having civil rights restored, or 16.21 has previously lived in Minnesota and has moved from Minnesota 16.22 to another state within 30 days of a presidential election and 16.23 is not eligible to vote in the state in which the voter now 16.24 resides. The form must include spaces for the voter's name, 16.25 date of birth, former address in Minnesota, including city or 16.26 town and county, electronic mail address, telephone number, the 16.27 address to which the ballot should be mailed, the applicant's 16.28 signature, and a statement that the information provided on the 16.29 application is true and correct. 16.30 Subd. 2. [ABSENTEE BALLOT INSTRUCTIONS.] The following 16.31 instructions must be sent with an absentee ballot application 16.32 prepared pursuant to section 203B.06, subdivision 1: 16.33 "INSTRUCTIONS 16.34 1. To vote by absentee ballot 16.35 * you must be an eligible voter, and 16.36 * you must reside at the legal residence address you give 17.1 on this application on election day. 17.2 It is a felony to make a false statement in an application for 17.3 an absentee ballot, to apply for an absentee ballot more than 17.4 once in an election with the intent to cast an illegal ballot, 17.5 to show a ballot marked by a person to another person, or to 17.6 violate an absentee ballot provision for the purpose of casting 17.7 an illegal vote or to help anyone to cast an illegal vote. 17.8 2. Check the appropriate box indicating why you cannot go 17.9 to your polling place on election day; these are the only 17.10 reasons that entitle you to vote by absentee ballot. 17.11 3. Give your correct legal residence address as completely 17.12 as possible, since this is used to verify your precinct number. 17.13 4. Sign the application. 17.14 5. Return the completed application as soon as possible to 17.15 the election official from whom you received it. 17.16 Remember: 17.17 - You must indicate whether you are requesting ballots for 17.18 the primary or general election, or both. 17.19 - Do not submit more than one application for each election. 17.20 - Your absentee ballots will be mailed or delivered to you 17.21 as soon as they are available. 17.22 - Ballots received by election officials after election day 17.23 will not be counted." 17.24 Subd. 3. [POSTCARD APPLICATION.] The absentee ballot 17.25 application may be printed as a postcard application or in any 17.26 other manner considered appropriate by the secretary of state. 17.27 If the application is printed as a postcard application, it must 17.28 conform to United States Postal Service requirements. 17.29 Subd. 4. [PERMANENT APPLICATION FORM.] The permanent 17.30 application form must be in the form prescribed by the secretary 17.31 of state. The secretary of state shall make the forms available 17.32 by January 1 of even-numbered years by electronic means. The 17.33 form must include space for the following information: the 17.34 voter's name, residence address, address to which the ballot 17.35 should be mailed, telephone number, electronic mail address, 17.36 date of birth, and Minnesota driver's license number or 18.1 Minnesota state identification number; and a certification of 18.2 the voter that the voter reasonably expects to be permanently 18.3 unable to vote in person at the polling place for the voter's 18.4 precinct due to illness or disability. The form must also 18.5 include a statement that the voter requests an application for 18.6 absentee ballots to be sent to the voter before each election in 18.7 which the voter is eligible to vote. 18.8 Subd. 5. [AGENT DELIVERY APPLICATION.] An application for 18.9 agent delivery may be combined in one document with an absentee 18.10 ballot application. 18.11 Sec. 24. [203B.042] [APPLICATIONS FROM CHALLENGED VOTERS.] 18.12 (a) A voter registration application must be sent with the 18.13 ballot to any challenged voter who applies for an absentee 18.14 ballot. The absentee ballot process must be administered as if 18.15 the voter was not registered to vote. 18.16 (b) The following notice must accompany nonregistered 18.17 absentee ballot materials: 18.18 "IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING: 18.19 Pursuant to Minnesota Statutes, chapter 201, the county 18.20 auditor is required to "challenge" your voter registration, 18.21 either because of a notification from the post office that you 18.22 no longer live at the address listed on your voter registration 18.23 or because of another question about your eligibility to vote. 18.24 To remove the challenge so that your ballot can be counted, 18.25 you must complete the enclosed Minnesota voter registration 18.26 application. Read the statement at the bottom of the 18.27 registration application and sign the application only if all 18.28 parts apply to you. To complete the return envelope, follow the 18.29 instructions provided." 18.30 Sec. 25. Minnesota Statutes 2002, section 203B.06, 18.31 subdivision 4, is amended to read: 18.32 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 18.33 application for ballots, the county auditor, municipal clerk, or 18.34 election judge acting pursuant to section 203B.11, who receives 18.35 the application shall determine whether the applicant is a 18.36 registered voter. If the applicant is not registered to vote, 19.1 the county auditor, municipal clerk, or election judge shall 19.2 include a voter registrationcardapplication among the election 19.3 materials provided to the applicant. If the county auditor, 19.4 municipal clerk, or election judge determines that the voter's 19.5 registration is deficient under section 201.061, subdivision 1a, 19.6 paragraph (b), the voter must be notified of the deficiency and 19.7 a voter registration application must be included with the 19.8 nonregistration absentee ballot materials. The voter may 19.9 register using nonregistration absentee procedures. 19.10 Sec. 26. Minnesota Statutes 2002, section 203B.06, 19.11 subdivision 7, is amended to read: 19.12 Subd. 7. [SPECIAL POSTAL SERVICES.] If the federal 19.13 government or any of its branches, departments, agencies or 19.14 other instrumentalities makes any special service available for 19.15 the mailing of absentee voting materials, any county auditor or 19.16 municipal clerk may use the service. A county auditor may use 19.17 envelopes prepaid by applicants for express or similar delivery 19.18 service. 19.19 Sec. 27. Minnesota Statutes 2002, section 203B.07, is 19.20 amended to read: 19.21 203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO 19.22 VOTERS.] 19.23 Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The 19.24 county auditor or the municipal clerk shall prepare, print, and 19.25 transmit a return envelope, a ballot envelope, and a copy of the 19.26 directions for casting an absentee ballot to each applicant 19.27 whose application for absentee ballots is accepted pursuant to 19.28 section 203B.04. The directions for casting an absentee ballot 19.29 shall be printed in at least 14-point bold type with heavy 19.30 leading and may be printed on the ballot envelope. When a 19.31 person requests the directions in Braille or on cassette tape, 19.32 the county auditor or municipal clerk shall provide them in the 19.33 form requested. The secretary of state shall prepare Braille 19.34 and cassette copies and make them available on request. 19.35 When a voter registrationcardapplication is sent to the 19.36 applicant as provided in section 203B.06, subdivision 4, the 20.1 directions or registrationcard shallapplication must include 20.2 instructions for registering to vote. County auditors and other 20.3 persons administering the absentee process in jurisdictions 20.4 whose boundaries include any part of an Indian reservation must, 20.5 when responding to a request that is made from an address within 20.6 the Indian reservation, also include information on the use of 20.7 tribal information valid for proving residence within that 20.8 jurisdiction for voting purposes. 20.9 Instances of deficient registrations are covered by section 20.10 203B.06, subdivision 4. 20.11 Subd. 2. [DESIGN OF ENVELOPES.] The return envelope 20.12shallmust be of sufficient size to conveniently enclose and 20.13 contain the ballot envelope and a voter registration 20.14cardapplication folded along its perforations. The return 20.15 envelope shall be designed to open on the left hand end. A 20.16 certificate of eligibility to vote by absentee ballot shall be 20.17 printed onthe right hand three-fourths ofthe back of the 20.18 envelope. The certificate shall contain a statement to be 20.19 signed and sworn by the voter indicating that the voter meets 20.20 all of the requirements established by law for voting by 20.21 absentee ballot. The certificate shall also contain a statement 20.22 signed by a person who is registered to vote in Minnesota or by 20.23 a notary public or other individual authorized to administer 20.24 oaths stating that: 20.25(a)(1) the ballots were displayed to that individual 20.26 unmarked; 20.27(b)(2) the voter marked the ballots in that individual's 20.28 presence without showing how they were marked, or, if the voter 20.29 was physically unable to mark them, that the voter directed 20.30 another individual to mark them; and 20.31(c)(3) if the voter was not previously registered, the 20.32 voter has provided proof of residence as required by section 20.33 201.061, subdivision 3. 20.34 The county auditor or municipal clerk shall affix first 20.35 class postage to the return envelopes. 20.36 Sec. 28. [203B.071] [INSTRUCTIONS TO ABSENTEE VOTER.] 21.1 Subdivision 1. [REQUIRED INSTRUCTIONS.] Instructions to 21.2 the absentee voter must be enclosed with the absentee ballot 21.3 materials mailed or delivered to the absent voter. The 21.4 instructions must be in the form provided in subdivision 2, 3, 21.5 or 6. The instructions may include a telephone number or 21.6 electronic mail address that voters can call or write to for 21.7 help in absentee voting. In election jurisdictions using 21.8 electronic voting systems, the instructions must explain how to 21.9 correctly mark and fold the electronic voting system ballots. 21.10 The instructions must inform the voter of the effect of casting 21.11 multiple votes for an office and, in the case of a partisan 21.12 primary, the effect of voting for candidates of more than one 21.13 party. The instructions must include information on how to 21.14 correct a ballot before it is cast and counted, including 21.15 instructions on how to request a replacement ballot if the voter 21.16 is unable to change the ballot or correct an error. 21.17 Subd. 2. [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT 21.18 REGISTRATIONS.] The following instructions must be sent to 21.19 unregistered absentee voters and to voters whose registrations 21.20 are deficient under section 201.071, subdivision 4a: 21.21 "INSTRUCTIONS TO ABSENTEE VOTERS, VOTERS 21.22 WHO ARE CURRENTLY NOT REGISTERED IN MINNESOTA, 21.23 VOTERS WHOSE REGISTRATIONS HAVE BEEN DULY 21.24 CHALLENGED, AND VOTERS WHO REGISTERED BY MAIL 21.25 AND HAVE NOT COMPLETED REGISTRATION REQUIREMENTS 21.26 Follow these instructions carefully. 21.27 Before you vote by absentee ballot you must have a witness. 21.28 Step 1. Locate one of the following individuals to serve 21.29 as your witness: 21.30 a. anyone who is registered to vote in Minnesota including 21.31 your spouse or another relative who meets this qualification; 21.32 b. a notary public; or 21.33 c. any person having authority to administer oaths. 21.34 Step 2. Fill out the voter registration application. 21.35 Remember to sign your name at the bottom of the application. 21.36 Step 3. Show your witness your proof of residence in the 21.37 precinct. One of the following documents may be used as proof 21.38 of residence: 22.1 a. a valid Minnesota driver's license, permit, or 22.2 identification card, or a receipt for any of these forms, that 22.3 contains your current address; 22.4 b. one document from the list in (i) and one document from 22.5 the list in (ii): 22.6 (i) an original bill in your name for gas, electric, 22.7 telephone, cable television, solid waste, water, or sewer 22.8 services showing your current address and due up to 30 days 22.9 before or after election day; and 22.10 (ii) your Minnesota driver's license or identification 22.11 card, United States passport, United States military 22.12 identification card with your photograph, or Minnesota 22.13 postsecondary student identification card with your photograph; 22.14 c. the signature of a registered voter who lives in your 22.15 precinct; if your witness is registered to vote in your 22.16 precinct, your witness may also vouch for you; 22.17 d. a student identification card, registration card, or 22.18 fee statement that contains the student's current address in the 22.19 precinct; or 22.20 e. a current valid registration in the same precinct. 22.21 Step 4. Show your witness the unmarked ballots. 22.22 Step 5. Mark the ballots in secrecy. If you are disabled 22.23 or otherwise unable to mark the ballots, you may ask your 22.24 witness to assist you. Mark your votes in the manner shown or 22.25 explained at the top of the ballots. Follow the instructions 22.26 under each office that tell you how many votes can be cast and 22.27 do not cast more votes than instructed. Casting more votes than 22.28 instructed for an office will prevent your votes from being 22.29 counted for that office. 22.30 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 22.31 on the ballot. If you are voting in a partisan primary, you may 22.32 only vote for candidates of one party. Voting for candidates in 22.33 more than one party will prevent your partisan ballot from being 22.34 counted. 22.35 If you make an error when marking your ballot, you may 22.36 request a new ballot from the election official from whom you 23.1 received your ballot. If you cannot request a new ballot for 23.2 any reason, completely erase any errors and remark your ballot. 23.3 Step 6. Fold each ballot so that your votes cannot be 23.4 seen. Do not put any identifying marks on the ballot. 23.5 Step 7. Place all voted ballots in the tan ballot envelope 23.6 and seal the envelope. Do not write on the ballot envelope. 23.7 Step 8. Place the tan secrecy envelope and your completed 23.8 voter registration application into the white ballot return 23.9 envelope and seal the envelope. 23.10 Step 9. Print your name and address and sign your name on 23.11 the back of the white ballot return envelope. The name, 23.12 address, and signature of your witness are required as well. 23.13 Step 10. Return your ballot to the address on the white 23.14 ballot return envelope in one of the following ways: 23.15 a. by mail so it will be delivered by election day; 23.16 b. in person no later than 5:00 p.m. on the day before 23.17 election day; or 23.18 c. by having someone else return your ballot by 3:00 p.m. 23.19 on election day (this person cannot be a candidate and cannot 23.20 return ballots for more than three voters). 23.21 Note: Follow these instructions carefully. An improperly 23.22 completed ballot, or statement of voter or witness, will 23.23 invalidate your votes. If you have any questions, please call 23.24 ........... ." 23.25 Subd. 3. [INSTRUCTIONS FOR REGISTERED VOTERS.] The 23.26 following instructions must be sent to registered absentee 23.27 voters: 23.28 "INSTRUCTIONS TO ABSENTEE VOTERS 23.29 Follow these instructions carefully. 23.30 Before you vote by absentee ballot you must have a witness. 23.31 Step 1. Locate one of the following individuals to serve 23.32 as your witness: 23.33 a. anyone who is registered to vote in Minnesota including 23.34 your spouse or another relative who meets this qualification; 23.35 b. a notary public; or 23.36 c. any person having authority to administer oaths. 24.1 Step 2. Show your witness the unmarked ballots. 24.2 Step 3. Mark the ballots in secrecy. If you are disabled 24.3 or otherwise unable to mark the ballots, you may ask your 24.4 witness to assist you. Mark your votes in the manner shown or 24.5 explained at the top of the ballots. Follow the instructions 24.6 under each office that tell you how many votes can be cast and 24.7 do not cast more votes than instructed. Casting more votes than 24.8 instructed for an office will prevent your votes from being 24.9 counted for that office. 24.10 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 24.11 on the ballot. If you are voting in a partisan primary, you may 24.12 only vote for candidates of one party. Voting for candidates in 24.13 more than one party will prevent your partisan ballot from being 24.14 counted. 24.15 If you make an error when marking your ballot, you may 24.16 request a new ballot from the election official from whom you 24.17 received your ballot. If you cannot request a new ballot for 24.18 any reason, completely erase any errors and remark your ballot. 24.19 Step 4. Fold each ballot so that your votes cannot be 24.20 seen. Do not put any identifying marks on the ballot. 24.21 Step 5. Place all voted ballots in the tan ballot secrecy 24.22 envelope and seal the envelope. Do not write on the ballot 24.23 envelope. 24.24 Step 6. Place the tan ballot secrecy envelope into the 24.25 white ballot return envelope and seal the envelope. 24.26 Step 7. Print your name and address and sign your name on 24.27 the back of the white ballot return envelope. The name, 24.28 address, and signature of your witness are required as well. 24.29 Step 8. Return your ballot to the address on the white 24.30 ballot return envelope in one of the following ways: 24.31 a. by mail so it will be delivered by election day; 24.32 b. in person no later than 5:00 p.m. on the day before 24.33 election day; or 24.34 c. by having someone else return your ballot by 3:00 p.m. 24.35 on election day (this person cannot be a candidate and cannot 24.36 return ballots for more than three voters). 25.1 Note: Follow these instructions carefully. An improperly 25.2 completed ballot, or statement of voter or witness, will 25.3 invalidate your votes. If you have any questions, please call 25.4 ..........." 25.5 Subd. 4. [PRESIDENTIAL BALLOT RETURN ENVELOPE.] The 25.6 secretary of state must provide the form of the presidential 25.7 ballot return envelope by January 1 of every even-numbered year 25.8 to the auditor through electronic means. The form of the 25.9 affidavit on the back of the envelope must include spaces for 25.10 the following information: the voter's name, former address in 25.11 Minnesota, including city or town and county, a statement of 25.12 eligibility, the voter's signature, and the date. The statement 25.13 of eligibility must be an affirmation that the voter will be at 25.14 least 18 years old on election day, is a citizen of the United 25.15 States, and is not under court-ordered guardianship of the 25.16 person without retaining the right to vote, has not been found 25.17 by a court to be legally incompetent to vote, and has not been 25.18 convicted of a felony without having civil rights restored, or 25.19 has previously lived in Minnesota and has moved from Minnesota 25.20 to another state within 30 days of a presidential election and 25.21 is not eligible to vote in the state in which the voter now 25.22 resides. 25.23 Sec. 29. [203B.072] [STATEMENT OF ABSENTEE VOTER.] 25.24 Subdivision 1. [FORM.] Except as provided in subdivision 25.25 4, the statement of absentee voter for persons voting under 25.26 sections 203B.04 to 203B.15 must be as follows: 25.27 "TO BE COMPLETED BY VOTER 25.28 VOTER'S NAME (PLEASE PRINT) 25.29 ______________________________________________ 25.30 VOTER'S ADDRESS (PLEASE PRINT) 25.31 ______________________________________________ 25.32 I certify that on election day I will meet all the legal 25.33 requirements to vote by absentee ballot. 25.34 VOTER'S SIGNATURE DATE 25.35 _________________ ______ 25.36 TO BE COMPLETED BY WITNESS 26.1 I certify that the voter 26.2 * showed me the blank ballots before voting; 26.3 * marked the ballots in secrecy or, if physically unable to 26.4 mark the ballots, the ballots were marked as directed by the 26.5 voter; 26.6 * enclosed and sealed the ballots in the secrecy envelope; 26.7 * registered to vote by filling out and enclosing a voter 26.8 registration application in the ballot envelope; and 26.9 * provided proof of residence as indicated below. 26.10 NAME OF WITNESS (PLEASE PRINT) 26.11 __________________________________________ 26.12 ADDRESS OF WITNESS (PLEASE PRINT) 26.13 __________________________________________ 26.14 SIGNATURE OF WITNESS DATE 26.15 _______________________ __________ 26.16 TITLE OF WITNESS (IF AN OFFICIAL) 26.17 _________________________________ 26.18 PROOF OF RESIDENCE USED BY VOTER 26.19 Witness - please check one: 26.20 ( ) MN Driver's License/Permit/ID Card or receipt with 26.21 current address. 26.22 Number: ______________________ 26.23 ( ) Utility bill plus a MN Driver's License/ID Card, U.S. 26.24 passport, U.S. military ID card with picture, or student ID card 26.25 with picture. 26.26 Number: ______________________ 26.27 ( ) Previous registration in the same precinct. 26.28 ( ) Student ID Number: ________________________ 26.29 ( ) Notice of Late Registration from county auditor or 26.30 municipal clerk. 26.31 ( ) Registered voter in the precinct who vouched for 26.32 absentee voter's residence in the precinct. 26.33 (Please complete the next three lines.) 26.34 VOUCHER'S NAME (PLEASE PRINT) 26.35 __________________________________________ 26.36 VOUCHER'S ADDRESS (PLEASE PRINT) 27.1 __________________________________________ 27.2 VOUCHER'S SIGNATURE 27.3 _________________________________" 27.4 Subd. 2. [FIRST TWO LINES.] The county auditor or 27.5 municipal clerk may complete the first two lines of a statement 27.6 of absentee voter form before mailing it to the absent voter by 27.7 printing the name and address of the absent voter or by 27.8 attaching a mailing label. 27.9 Subd. 3. [PRINTING SPECIFICATIONS.] The statement must be 27.10 printed on the right-hand three-fourths of the back of the 27.11 absentee ballot return envelope. The words "TO BE COMPLETED BY 27.12 VOTER" must be printed in no smaller than 12-point type in 27.13 capital letters. The remainder of the statement must be printed 27.14 in no smaller than 8-point medium type. 27.15 Subd. 4. [ALTERNATIVE STATEMENT.] As an alternative, a 27.16 county auditor may print two different versions of the 27.17 statement. One version must be provided to absentee voters not 27.18 previously registered to vote and must be printed as prescribed 27.19 in subdivision 1. An alternate version may be printed in the 27.20 form shown in subdivision 5 and must be provided only to 27.21 absentee voters who are registered to vote at the time of 27.22 application. The statement must be printed according to the 27.23 specifications in subdivision 3. 27.24 Subd. 5. [ALTERNATIVE STATEMENT OF ABSENTEE VOTER 27.25 FORM.] The alternative statement of absentee voter form must be 27.26 as follows: 27.27 "TO BE COMPLETED BY VOTER 27.28 VOTER'S NAME (PLEASE PRINT) 27.29 ______________________________________________ 27.30 VOTER'S ADDRESS (PLEASE PRINT) 27.31 ______________________________________________ 27.32 I certify that on election day I will meet all the legal 27.33 requirements to vote by absentee ballot. 27.34 VOTER'S SIGNATURE DATE 27.35 __________________ _____ 28.1 TO BE COMPLETED BY WITNESS 28.2 I certify that the voter 28.3 * showed me the blank ballots before voting; 28.4 * marked the ballots in secrecy or, if physically unable to 28.5 mark the ballots, the ballots were marked as directed by the 28.6 voter; 28.7 * enclosed and sealed the ballots in the secrecy envelope. 28.8 NAME OF WITNESS (PLEASE PRINT) 28.9 __________________________________________ 28.10 ADDRESS OF WITNESS (PLEASE PRINT) 28.11 __________________________________________ 28.12 SIGNATURE OF WITNESS DATE 28.13 _______________________ __________ 28.14 TITLE OF WITNESS (IF AN OFFICIAL) 28.15 _________________________________" 28.16 Sec. 30. [203B.211] [MILITARY AND OVERSEAS VOTERS.] 28.17 The following instructions must be sent to military and 28.18 overseas absentee voters voting under sections 203B.16 to 28.19 203B.27: 28.20 "INSTRUCTIONS TO ABSENTEE VOTERS 28.21 Follow these instructions carefully: 28.22 Step 1. Mark the ballots in secrecy. Mark your votes in 28.23 the manner shown or explained at the top of the ballots. Follow 28.24 the instructions under each office that tell you how many votes 28.25 can be cast and do not cast more votes than instructed. Casting 28.26 more votes than instructed for an office will prevent your votes 28.27 from being counted for that office. 28.28 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 28.29 on the ballot. If you are voting in a partisan primary, you may 28.30 only vote for candidates of one party. Voting for candidates in 28.31 more than one party will prevent your partisan ballot from being 28.32 counted. 28.33 If you make an error when marking your ballot, you may 28.34 erase any errors and remark your ballot or you may request a new 28.35 ballot from the county auditor from whom you received your 28.36 ballot. If you are outside the United States and have not 29.1 received your replacement ballot within a reasonable time so 29.2 that you can mark your replacement ballot and return it by 29.3 election day, use the federal write-in absentee ballot. 29.4 If you are disabled or otherwise unable to mark the 29.5 ballots, you may have someone assist you. Do not permit any 29.6 other individual to observe the marking of the ballot. 29.7 Step 2. Fold each ballot so that your votes cannot be 29.8 seen. Do not put any identifying marks on the ballot. 29.9 Step 3. Place all completed ballots in the tan ballot 29.10 secrecy envelope and seal the envelope. Do not write on the tan 29.11 ballot secrecy envelope. Do not permit other individuals to see 29.12 your ballot before sealing the ballot envelope. 29.13 Step 4. Place the tan ballot secrecy envelope into the 29.14 white ballot return envelope and seal the envelope. 29.15 Step 5. Write your military identification number or 29.16 passport number on the back of the white ballot return 29.17 envelope. If you cannot provide your military identification 29.18 number or passport number on the return ballot envelope, you 29.19 must have the signature and certification of a commissioned 29.20 officer of the armed forces or any official authorized to 29.21 administer oaths under federal law or the law of the state of 29.22 Minnesota or other place where the oath is administered. 29.23 Step 6. Print your name and your present or last address 29.24 in Minnesota. Date and sign your name on the back of the white 29.25 ballot return envelope. 29.26 Step 7. Return your ballot to the address on the white 29.27 ballot return envelope by mail or expedited delivery service so 29.28 it will be delivered by no later than election day. 29.29 Note: Follow these instructions carefully. An improperly 29.30 completed ballot or ballot envelope may invalidate your votes. 29.31 If you have any questions, please call ..........." 29.32 Sec. 31. [203B.073] [ABSENTEE BALLOT ENVELOPE.] 29.33 Subdivision 1. [FORM.] The absentee ballot return envelope 29.34 for persons casting an absentee ballot under sections 203B.04 to 29.35 203B.15 must be printed according to the following 29.36 specifications: 30.1 (a) The envelope must be no smaller than 10-3/8 inches by 30.2 4-1/2 inches. 30.3 (b) The words and numbers printed on the left-hand side of 30.4 the envelope must be in no smaller than 12-point bold type. 30.5 (c) The words "ABSENTEE BALLOT RETURN ENVELOPE" printed 30.6 across the face of the envelope must be in no smaller than 30.7 18-point bold type in capital letters. 30.8 (d) The envelope must be white in color with black ink. 30.9 (e) The flap on one end of the back side of the envelope 30.10 may be printed as follows: 30.11 "FOR OFFICE USE ONLY" 30.12 ( ) ACCEPTED ( ) REJECTED 30.13 Subd. 2. [MAILING ADDRESS.] (a) County auditors and 30.14 municipal clerks must print a mailing address on each return 30.15 envelope mailed or delivered to an absent voter. The address 30.16 block must be located in the lower right one-fourth of the 30.17 envelope. A return envelope may be addressed to the county 30.18 auditor, municipal clerk, or election judges of the precinct in 30.19 which the absent voter is eligible to vote. 30.20 (b) If an auditor has the duty to address envelopes for a 30.21 municipality and the envelopes are to be addressed to the 30.22 election judges, the clerk shall notify the auditor of the 30.23 proper mailing address of each polling place in the 30.24 municipality. The clerk shall immediately notify the auditor of 30.25 every change in the initial notification. 30.26 Subd. 3. [WARD AND PRECINCT NUMBER.] The person mailing or 30.27 delivering absentee ballots to an absent voter must, before 30.28 doing so, fill in the absent voter's ward and precinct number in 30.29 the spaces provided on the left-hand side of the return 30.30 envelope, unless this information is contained on a label that 30.31 has been affixed to the envelope. 30.32 Subd. 4. [RETURN ADDRESS.] A county auditor or municipal 30.33 clerk may affix the return address to the upper left-hand corner 30.34 of the return envelope. 30.35 Subd. 5. [MARKS OR LOGO APPROVED BY UNITED STATES POSTAL 30.36 SERVICE.] Marks or a logo approved by the United States Postal 31.1 Service to identify ballot materials as official election mail 31.2 may be printed on the absentee ballot return envelope. 31.3 Subd. 6. [SAMPLE ENVELOPE LAYOUT.] The secretary of state 31.4 shall provide samples of the layout of the front and back of the 31.5 envelope. 31.6 Sec. 32. [203B.212] [MILITARY AND OVERSEAS VOTERS; 31.7 ENVELOPE.] 31.8 The absentee ballot return envelope for military and 31.9 overseas voters must be printed according to paragraphs (a) to 31.10 (i). 31.11 (a) The envelope may not be more than 11-1/2 inches in 31.12 length nor less than 5-1/2 inches in length. 31.13 (b) The envelope may not be more than 6-1/8 inches in width 31.14 nor less than 3-1/2 inches in width. 31.15 (c) In the upper right-hand corner, a postage symbol and 31.16 box must be imprinted: 31.17 "U.S. Postage Paid 31.18 39 USC 3406" 31.19 (d) The words "PAR AVION" must be printed in 12-point bold 31.20 type in capital letters one-half inch below the postage box. 31.21 (e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL -- 31.22 FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM 31.23 E080" must be printed in 18-point bold type and inside a box. 31.24 (f) The envelope must be white in color with black ink used 31.25 for all printing. 31.26 (g) County auditors or municipal clerks must address the 31.27 return envelope as provided in section 203B.08. 31.28 (h) Facing identification marks must be positioned as 31.29 specified in United States Postal Service instructions for 31.30 facing identification marks. 31.31 (i) Marks approved by the United States Postal Service to 31.32 identify ballot materials may be printed on the absentee ballot 31.33 envelopes. 31.34 (j) The envelope must be signed by the voter and must be 31.35 dated. 31.36 Sec. 33. Minnesota Statutes 2002, section 203B.10, is 32.1 amended to read: 32.2 203B.10 [DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 32.3 ELECTION JUDGES.] 32.4 On the day before an election: 32.5 (a) The county auditor shall deliver to the municipal 32.6 clerks within that county the applications for absentee ballots 32.7 theretofore received and endorsed as provided in section 32.8 203B.06, subdivision 5; and 32.9 (b) The municipal clerks shall deliver the applications 32.10 received from the county auditor and the applications for 32.11 absentee ballots filed with their respective offices and 32.12 endorsed as provided in section 203B.06, subdivision 5, to the 32.13 appropriate election judges. Applications received on election 32.14 day pursuant to section 203B.04, subdivision 2, shall be 32.15 promptly delivered to the election judges in the precincts or to 32.16 the judges of an absentee ballot board. 32.17 For purposes of this section, "application" includes a 32.18 photocopy or other electronically produced image of an 32.19 application, and "deliver" includes secure electronic 32.20 transmission of the image of an application. 32.21 Sec. 34. Minnesota Statutes 2002, section 203B.11, 32.22 subdivision 1, is amended to read: 32.23 Subdivision 1. [GENERALLY.] Each full-time municipal or 32.24 school district clerk who has authority under section 203B.05 to 32.25 administer absentee voting laws shall designate election judges 32.26 to deliver absentee ballots in accordance with this section. 32.27 The county auditormayshall also designate election judges to 32.28 perform the duties in this section if the municipal clerk is not 32.29 designated to perform absentee ballot duties. A ballot may be 32.30 delivered only to an eligible voter who is a temporary or 32.31 permanent resident or patient in a health care facility or 32.32 hospital located in the municipality in which the voter 32.33 maintains residence. The ballots shall be delivered by two 32.34 election judges, each of whom is affiliated with a different 32.35 major political party. When the election judges deliver or 32.36 return ballots as provided in this section, they shall travel 33.1 together in the same vehicle. Both election judges shall be 33.2 present when an applicant completes the certificate of 33.3 eligibility and marks the absentee ballots, and may assist an 33.4 applicant as provided in section 204C.15. The election judges 33.5 shall deposit the return envelopes containing the marked 33.6 absentee ballots in a sealed container and return them to the 33.7 clerk on the same day that they are delivered and marked. 33.8 Sec. 35. Minnesota Statutes 2002, section 203B.12, 33.9 subdivision 2, is amended to read: 33.10 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 33.11 election judges shall examine each return envelope and shall 33.12 mark it accepted or rejected in the manner provided in this 33.13 subdivision. If a ballot has been prepared under section 33.14 204B.12, subdivision 2a, or 204B.41, the election judges shall 33.15 not begin removing ballot envelopes from the return envelopes 33.16 until 8:00 p.m. on election day, either in the polling place or 33.17 at an absentee ballot board established under section 203B.13. 33.18 The election judges shall mark the return envelope 33.19 "Accepted" and initial or sign the return envelope below the 33.20 word "Accepted" if the election judges or a majority of them are 33.21 satisfied that: 33.22 (1) the voter's name and address on the return envelope are 33.23 the same as the information provided on the absentee ballot 33.24 application; 33.25 (2) the voter's signature on the return envelope is the 33.26 genuine signature of the individual who made the application for 33.27 ballots and the certificate has been completed as prescribed in 33.28 the directions for casting an absentee ballot; 33.29 (3) the voter is registered and eligible to vote in the 33.30 precinct or has included a properly completed registration card 33.31 in the return envelope; and 33.32 (4) the voter has not already voted at that election, 33.33 either in person or by absentee ballot. 33.34 The return envelope from accepted ballots must be preserved 33.35 and returned to the county auditor. 33.36 If all or a majority of the election judges examining 34.1 return envelopes find that an absent voter has failed to meet 34.2 one of the requirements prescribed in clauses (1) to (4), they 34.3 shall mark the return envelope "Rejected," initial or sign it 34.4 below the word "Rejected," and return it to the county auditor. 34.5 If more than one return envelope is received from a voter, 34.6 the ballots in the return envelope bearing the latest date must 34.7 be counted and all other return envelopes received from that 34.8 voter must be returned with the rejected ballots. 34.9 Sec. 36. Minnesota Statutes 2002, section 203B.20, is 34.10 amended to read: 34.11 203B.20 [CHALLENGES.] 34.12 Except as provided in this section, the eligibility or 34.13 residence of a voter whose application for absentee ballots is 34.14 recorded under section 203B.19 may be challenged in the manner 34.15 set forth by section 201.195. The county auditor or municipal 34.16 clerk shall not be required to serve a copy of the petition and 34.17 notice of hearing on the challenged voter. If the absentee 34.18 ballot application was submitted on behalf of the voter by an 34.19 individual authorized under section 203B.17, subdivision 1, 34.20 paragraph (a), the county auditor must attempt to notify the 34.21 individual who submitted the application that the voter's 34.22 eligibility has been challenged. All reasonable doubt shall be 34.23 resolved in favor of the validity of the application. If the 34.24 voter's challenge is affirmed, the county auditor shall provide 34.25 the challenged voter with a copy of the petition and the 34.26 decision and shall inform the voter of the right to appeal as 34.27 provided in section 201.195. 34.28 Sec. 37. Minnesota Statutes 2002, section 203B.21, 34.29 subdivision 3, is amended to read: 34.30 Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the 34.31 return envelope an affidavit form shall appear with space for: 34.32(a)(1) the voter's address of present or former residence 34.33 in Minnesota; 34.34(b) A statement indicating the category described in34.35section 203B.16 to which the voter belongs;34.36(c)(2) a statement that the voter has not cast and will 35.1 not cast another absentee ballot in the same election or 35.2 elections; 35.3(d)(3) a statement that the voter personally marked the 35.4 ballots without showing them to anyone, or if physically unable 35.5 to mark them, that the voter directed another individual to mark 35.6 them;and35.7(e)(4) the voter's military identification card number, 35.8 passport number, or, if the voter does not have a valid passport 35.9 or identification card, the signature and certification ofan35.10individual authorized to administer oaths ora commissionedor35.11noncommissionedofficer of themilitary not below the rank of35.12sergeant or its equivalent.armed forces or any official 35.13 authorized to administer oaths under federal law or state law or 35.14 the law of the place where the oath is administered; 35.15 (5) the federal oath. The federal oath prescribed by the 35.16 federal Help America Vote Act is as follows: 35.17 "I swear or affirm, under penalty of perjury, that: 35.18 I am a member of the uniformed services or merchant marine 35.19 on active duty or an eligible spouse or dependent of such a 35.20 member; a United States citizen temporarily residing outside the 35.21 United States; or other United States citizen residing outside 35.22 the United States; and 35.23 I am a United States citizen, at least 18 years of age (or 35.24 will be by the date of the election,) and I am eligible to vote 35.25 in the requested jurisdiction; 35.26 I have not been convicted of a felony, or other 35.27 disqualifying offense, or been adjudicated mentally incompetent, 35.28 or, if so, my voting rights have been reinstated; and 35.29 I am not registering, requesting a ballot, or voting in any 35.30 other jurisdiction in the United States except the jurisdiction 35.31 cited in this voting form. 35.32 In voting, I have marked and sealed my ballot in private 35.33 and have not allowed any person to observe the marking of the 35.34 ballot, except for those authorized to assist voters under state 35.35 or federal law. I have not been influenced. 35.36 My signature and date below indicate when I completed this 36.1 document. 36.2 The information on this form is true, accurate, and 36.3 complete to the best of my knowledge. I understand that a 36.4 material misstatement of fact in completion of this document may 36.5 constitute grounds for a conviction for perjury."; and 36.6 (6) the signature of the voter and the date the affidavit 36.7 was signed. 36.8 Sec. 38. Minnesota Statutes 2002, section 203B.22, is 36.9 amended to read: 36.10 203B.22 [MAILING BALLOTS.] 36.11 The county auditor shall mail the appropriate ballots, as 36.12 promptly as possible, to an absent voter whose application has 36.13 been recorded under section 203B.19. If the county auditor 36.14 determines that a voter is not eligible to vote at the primary 36.15 but will be eligible to vote at the general election, only 36.16 general election ballots shall be mailed. Only one set of 36.17 ballots shall be mailed to any applicant for any election unless 36.18 a set of ballots is spoiled or lost in transit. Ballots to be 36.19 sent outside the United States shall be given priority in 36.20 mailing. A county auditor may make use of any special service 36.21 provided by the United States government for the mailing of 36.22 voting materials under sections 203B.16 to 203B.27. A county 36.23 auditor may use envelopes prepaid by applicants for express or 36.24 similar delivery service. 36.25 Sec. 39. Minnesota Statutes 2002, section 203B.24, is 36.26 amended to read: 36.27 203B.24 [DUTIES OF ELECTION JUDGES.] 36.28 Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER 36.29 EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 36.30 returned as provided in sections 203B.16 to 203B.27, the 36.31 election judges shall compare the voter's name with the names 36.32 appearing on their copy of the application records compiled 36.33 under section 203B.19 to insure that the ballot is from a voter 36.34 eligible to cast an absentee ballot under sections 203B.16 to 36.35 203B.27.Any discrepancy or disqualifying fact shall be noted36.36on the envelope by the election judges.If a voter whose name 37.1 is not on the list submits a ballot, the ballot must be rejected 37.2 and the judge must write the reason for the rejection on the 37.3 envelope. Failure to return unused ballots shall not invalidate 37.4 a marked ballot, but a ballot shall not be counted if the 37.5 affidavit on the return envelopeisdoes notproperly37.6executed.contain the following information: the voter's name, 37.7 signature, current or former address in the precinct, military 37.8 identification number or passport number or signature and 37.9 certification of a commissioned officer of the armed forces or 37.10 any official authorized to administer oaths under federal law or 37.11 state law or other place where the oath is administered. In all 37.12 other respects the provisions of the Minnesota Election Law 37.13 governing deposit and counting of ballots shall apply. 37.14 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 37.15 shall compare the voter's name with the names appearing on their 37.16 copy of the list of persons prepared under section 203B.26 who 37.17 have submitted an applicationrecordsto insure that the voter 37.18 has not already returned a ballot in the election. The election 37.19 judges must indicate on the record whether an absentee ballot 37.20 was accepted for each applicant whose name appears on the 37.21 record. If a voter whose application has been recorded under 37.22 section 203B.19 casts a ballot in person on election day, no 37.23 absentee ballot shall be counted for that voter. If more than 37.24 one return envelope is received from a voter whose application 37.25 has been recorded under section 203B.19, the ballots in the 37.26 return envelope bearing the latest date shall be counted and the 37.27 uncounted ballots shall be returned by the election judges with 37.28 the rejected ballots. The election judges must preserve the 37.29 record and return it to the county auditor or municipal clerk 37.30 with the election day materials. 37.31 Sec. 40. Minnesota Statutes 2002, section 204B.14, 37.32 subdivision 2, is amended to read: 37.33 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 37.34 The following shall constitute at least one election precinct: 37.35 (1) each city ward; and 37.36 (2) each town and each statutory city. 38.1 (b) A single, accessible, combined polling place may be 38.2 established no later than June 1 of any year: 38.3 (1) for any city of the third or fourth class, any town, or 38.4 any city having territory in more than one county, in which all 38.5 the voters of the city or town shall cast their ballots; 38.6 (2) for two contiguous precincts in the same municipality 38.7thatif either of them has fewer than 100 registered voters or 38.8 if they have a combined total of fewer than 500 registered 38.9 voters; or 38.10 (3) for up to four contiguous municipalities located 38.11 entirely outside the metropolitan area, as defined by section 38.12 473.121, subdivision 2, that are contained in the same county. 38.13 A copy of the ordinance or resolution establishing a 38.14 combined polling place must be filed with the county auditor 38.15 within 30 days after approval by the governing body. A polling 38.16 place combined under clause (3) must be approved by the 38.17 governing body of each participating municipality. A 38.18 municipality withdrawing from participation in a combined 38.19 polling place must do so by filing a resolution of withdrawal 38.20 with the county auditor no later than May 1 of any year. 38.21 The secretary of state shall provide a separate polling 38.22 place roster for each precinct served by the combined polling 38.23 place. A single set of election judges may be appointed to 38.24 serve at a combined polling place. The number of election 38.25 judges required must be based on the total number of persons 38.26 voting at the last similar election in all precincts to be 38.27 voting at the combined polling place. Separate ballot boxes 38.28 must be provided for the ballots from each precinct except that 38.29 if a single electronic precinct tabulator is used to count 38.30 ballots in the polling place for multiple precincts, the ballots 38.31 for all precincts may be deposited into the single ballot box of 38.32 the precinct tabulator. The results of the election must be 38.33 reported separately for each precinct served by the combined 38.34 polling place, except in a polling place established under 38.35 clause (2) where one of the precincts has fewer than ten 38.36 registered voters, in which case the results of that precinct 39.1 must be reported in the manner specified by the secretary of 39.2 state. 39.3 Sec. 41. Minnesota Statutes 2002, section 204B.16, 39.4 subdivision 5, is amended to read: 39.5 Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling 39.6 place shall be accessible to and usable by elderly and 39.7 physically handicapped individuals. A polling place is deemed 39.8 to be accessible and usable if it complies with the standards in 39.9 paragraphs (a) to (f). 39.10 (a) At least one set of doors must have a minimum width of 39.113132 inches if the doors must be used to enter or leave the 39.12 polling place. 39.13 (b) Any curb adjacent to the main entrance to a polling 39.14 place must have curb cuts or temporary ramps. Where the main 39.15 entrance is not the accessible entrance, any curb adjacent to 39.16 the accessible entrance must also have curb cuts or temporary 39.17 ramps. 39.18 (c) Where the main entrance is not the accessible entrance, 39.19 a sign shall be posted at the main entrance giving directions to 39.20 the accessible entrance. 39.21 (d) At least one set of stairs must have a temporary 39.22 handrail and ramp if stairs must be used to enter or leave the 39.23 polling place. 39.24 (e) No barrier in the polling place may impede the path of 39.25 the physically handicapped to the voting booth. 39.26 (f) At least one handicapped parking space, which may be 39.27 temporarily so designated by the municipality for the day of the 39.28 election, must be available near the accessible entrance. 39.29 The doorway, handrails, ramps, and handicapped parking 39.30 provided pursuant to this subdivision must conform to the 39.31 standards specified in the State Building Code for accessibility 39.32 by handicapped persons. 39.33 A governing body shall designate as polling places only 39.34 those places which meet the standards prescribed in this 39.35 subdivision unless no available place within a precinct is 39.36 accessible or can be made accessible. 40.1 Sec. 42. Minnesota Statutes 2002, section 204B.18, is 40.2 amended to read: 40.3 204B.18 [POLLING PLACES; EQUIPMENT.] 40.4 Subdivision 1. [BOOTHS.] Each polling place must contain a 40.5 number of voting booths in proportion to the number of 40.6 individuals eligible to vote in the precinct. Each booth must 40.7 be at least six feet high, three feet deep and two feet wide 40.8 with a shelf at least two feet long and one foot wide placed at 40.9 a convenient height for writing.The booth shall be provided40.10with a door or curtains.Each accessible polling place must 40.11 have at least one accessible voting booth or other accessible 40.12 voting station. All booths or stations must be constructed so 40.13 that a voter is free from observation while marking ballots. In 40.14 all other polling placesevery effort must be made to provideat 40.15 least one accessible voting booth or other accessible voting 40.16 station must be provided. During the hours of voting, the 40.17 booths or stations must have instructions, a pencil, and other 40.18 supplies needed to mark the ballots.If needed,A chair must be 40.19 provided for elderly and handicapped voters to use while 40.20 voting or waiting to vote. A writing surface or clipboard must 40.21 be available for voters to use while filling out forms. All 40.22 ballot boxes, voting booths, voting stations, and election 40.23 judges must be in open public view in the polling place. 40.24 Subd. 2. [BALLOT BOXES FOR PAPER BALLOTS.] Each polling 40.25 place shall be provided with one ballot box for each kind 40.26 of paper ballot to be cast at the election. The boxes shall be 40.27 substantially the same color as the ballots to be deposited in 40.28 them. Each box shall be of sufficient size and shall have a 40.29 sufficient opening to receive and contain all the ballots likely 40.30 to be deposited in it. When buff or goldenrod ballot boxes are 40.31 required, a separate box must be provided for each school 40.32 district for which ballots are to be cast at that polling 40.33 place. The number and name of the school district must appear 40.34 conspicuously on the top of each buff or goldenrod ballot box. 40.35 Sec. 43. Minnesota Statutes 2002, section 204B.25, 40.36 subdivision 3, is amended to read: 41.1 Subd. 3. [TRAINED ELECTION JUDGES; NUMBER REQUIRED.] Each 41.2 election precinct in which less than 100 individuals voted at 41.3 the last state general election shall have at least two election 41.4 judges who are members of different major political parties who 41.5 have received training as required in this section. An election 41.6 judge who has not been trained under subdivision 1 must be 41.7 trained by the head election judge. In every other election 41.8 precinct, no individual may serve as an election judge who has 41.9 not received training as required by subdivision 1. 41.10 Sec. 44. Minnesota Statutes 2002, section 204B.27, 41.11 subdivision 3, is amended to read: 41.12 Subd. 3. [INSTRUCTION POSTERS.] At least 25 days before 41.13 every state election the secretary of state shall prepare and 41.14 furnish to the county auditor of each countyin which paper41.15ballots are used,voter instruction posters printed in large 41.16 typeupon cards oron heavy paper. The instruction posters must 41.17 contain the information needed to enable the voters to cast 41.18 theirpaperballots quickly and correctly and indicate the types 41.19 of assistance available for elderly and handicapped voters. Two 41.20 instruction postersshallmust be furnished for each precinctin41.21which paper ballots are used. The secretary of state shall also 41.22 provide posters informing voters of eligibility requirements to 41.23 vote and of identification and proofs accepted for election day 41.24 registration. Posters furnished by the secretary of state must 41.25 also include all information required to be posted by the Help 41.26 America Vote Act, including: instructions on how to vote, 41.27 including how to cast a vote, instructions for mail-in 41.28 registrants and first-time voters, general information on voting 41.29 rights under applicable federal and state laws and instructions 41.30 on how to contact the appropriate officials if these rights are 41.31 alleged to have been violated, and general information on 41.32 federal and state laws regarding prohibitions on acts of fraud 41.33 and misrepresentation. 41.34 Sec. 45. Minnesota Statutes 2002, section 204B.45, 41.35 subdivision 2, is amended to read: 41.36 Subd. 2. [PROCEDURE.] Notice of the election and the 42.1 special mail procedure must be given at least six weeks prior to 42.2 the election. No earlier than 20 days or later than 14 days 42.3 prior to the election, the auditor shall mail ballots by 42.4 nonforwardable mail to all voters registered in the town or 42.5 unorganized territory. Eligible voters not registered at the 42.6 time the ballots are mailed may apply for ballots as provided in 42.7 chapter 203B. Ballot return envelopes, with return postage 42.8 provided, must be preaddressed to the auditor or clerk and the 42.9 voter may return the ballot by mail or in person to the office 42.10 of the auditor or clerk. The costs of the mailing shall be paid 42.11 by the election jurisdiction in which the voter resides. A 42.12 voter who has been challenged or whose registration is deficient 42.13 under section 201.071, subdivision 4a, must be sent a voter 42.14 registration application along with the ballot materials and a 42.15 notice that the voter must reregister in order to vote. Any 42.16 ballot received by 8:00 p.m. on the day of the election must be 42.17 counted. 42.18 Sec. 46. [204B.461] [MAIL BALLOTING.] 42.19 Subdivision 1. [SCOPE.] This section applies to mail 42.20 balloting conducted under sections 204B.45 and 204B.46. Except 42.21 as otherwise provided in this section, sections 203B.001 to 42.22 203B.15 also apply to mail balloting. In unorganized territory, 42.23 the county auditor shall perform the duties specified for the 42.24 municipal clerk. 42.25 Subd. 2. [AUTHORIZATION.] The municipal governing body, 42.26 school board, or county board may authorize mail balloting by 42.27 resolution adopted no later than 45 days prior to the first 42.28 election at which mail balloting will be used. If mail 42.29 balloting is adopted pursuant to section 204B.45, the resolution 42.30 remains in effect for all subsequent state and county elections 42.31 until revoked. Revocation of the resolution may occur no later 42.32 than 45 days before the next affected election. Authorization 42.33 to conduct a special election pursuant to section 204B.46 42.34 expires after completion of the election. 42.35 Subd. 3. [NOTICE.] The municipal clerk or school district 42.36 clerk shall notify the county auditor of the adoption or 43.1 discontinuance of mail balloting no later than two weeks after 43.2 adoption or revocation of the resolution. The county auditor 43.3 shall send a similar notice to the secretary of state for 43.4 elections authorized pursuant to section 204B.45. The county 43.5 auditor, municipal clerk, or school district clerk shall post 43.6 notice of mail ballot procedures at least six weeks before each 43.7 election. Notice of mail ballot procedures must include: 43.8 (1) the name or description of the municipality or 43.9 unorganized territory; 43.10 (2) the date of the election and the dates that ballots 43.11 will be mailed; 43.12 (3) a statement that each voter registered by the 21st day 43.13 before the election will be mailed a ballot; 43.14 (4) the times, places, and manner in which voted ballots 43.15 can be returned; 43.16 (5) an explanation of how an eligible voter who is not 43.17 registered may apply for a ballot and how a registered voter who 43.18 will be absent from the precinct may apply to receive the ballot 43.19 at a temporary address; 43.20 (6) the place and time for counting of ballots; and 43.21 (7) the name and address or telephone number of the 43.22 official or office where additional information can be obtained. 43.23 Before the first election at which mail balloting will be 43.24 used or discontinued, notice must also be given by one or more 43.25 of the following means: publication in a newspaper of general 43.26 circulation, posting of notice at public locations within each 43.27 precinct, dissemination of information through the media or at 43.28 public meetings, or mailed notice to registered voters. 43.29 Subd. 4. [MAILING BALLOTS.] The county auditor, municipal 43.30 clerk, or school district clerk shall mail ballots to the voters 43.31 registered in the municipality or unorganized territory. A 43.32 ballot mailing must be sent to each registered voter no earlier 43.33 than 20 or later than 14 days prior to the election. A 43.34 challenged voter must be sent nonregistered materials. 43.35 Ballots must be sent by nonforwardable mail. Ballots for 43.36 eligible voters who reside in health care facilities may be 44.1 delivered as provided in section 203B.11. The ballot mailing 44.2 must be addressed to the voter at the voter's residence address 44.3 as shown on the registration file unless the voter completes an 44.4 absentee ballot request as provided in section 203B.04 or 44.5 203B.16. 44.6 A return envelope, a ballot secrecy envelope, and 44.7 instructions for marking and returning mail ballots must be 44.8 included with the ballots. The instructions may include a 44.9 telephone number or electronic mail address which voters can 44.10 call or write for help in mail voting. At the request of the 44.11 secretary of state, a survey card that the voter can return to 44.12 the secretary of state must also be included. The ballot return 44.13 envelope must be printed with the mail voter's certificate. The 44.14 ballot return envelope must be addressed for return to the 44.15 county auditor, municipal clerk, or school district clerk that 44.16 is conducting the election. First class postage must be affixed 44.17 to the return envelope. 44.18 Subd. 5. [FORM OF INSTRUCTIONS TO MAIL VOTERS.] Mail 44.19 ballots must include the following instructions: 44.20 "INSTRUCTIONS TO MAIL BALLOT VOTERS 44.21 Follow these instructions carefully. 44.22 Before you vote you must have a witness. 44.23 Step 1. Locate one of the following individuals to serve 44.24 as your witness: 44.25 a. anyone who is registered to vote in Minnesota including 44.26 your spouse or another relative who meets this qualification; 44.27 b. a notary public; or 44.28 c. any person having authority to administer oaths. 44.29 Step 2. Show your witness the unmarked ballots. 44.30 Step 3. Mark the ballots in secrecy. If you are disabled 44.31 or otherwise unable to mark the ballots, you may ask your 44.32 witness to assist you. Mark your votes in the manner shown or 44.33 explained at the top of the ballots. Follow the instructions 44.34 under each office that tell you how many votes can be cast and 44.35 do not cast more votes than instructed. Casting more votes than 44.36 instructed for an office will prevent your votes from being 45.1 counted for that office. 45.2 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 45.3 on the ballot. If your are voting in a partisan primary, you 45.4 may only vote for candidates of one party. Voting for 45.5 candidates in more than one party will prevent your partisan 45.6 ballot from being counted. 45.7 If your make an error when marking your ballot you may 45.8 request a new ballot from the election official from whom you 45.9 received your ballot. If you cannot request a new ballot for 45.10 any reason, completely erase any errors and remark your ballot. 45.11 Step 4. Fold each ballot so that your votes cannot be 45.12 seen. Do not put any identifying marks on the ballot. 45.13 Step 5. Place all voted ballots in the tan colored Ballot 45.14 Secrecy Envelope and seal the envelope. Do not write on this 45.15 envelope. 45.16 Step 6. Place the tan colored ballot secrecy envelope into 45.17 the white ballot return envelope and seal the envelope. 45.18 Step 7. Print your name and address and sign your name on 45.19 the back of the white ballot return envelope. The name, 45.20 address, and signature of your witness are required as well. 45.21 Step 8. Return your ballot to the address on the white 45.22 ballot return envelope by mail so it will be delivered by 45.23 election day or in person or through your designated agent no 45.24 later than 8:00 p.m. on election day. 45.25 If you have questions, please call (...) ...-.... ." 45.26 Subd. 6. [FORM OF MAIL VOTER'S CERTIFICATE.] The mail 45.27 voter's certificate must be as follows: 45.28 "TO BE COMPLETED BY VOTER 45.29 VOTER'S NAME (PLEASE PRINT) 45.30 ___________________________________________ 45.31 VOTER'S ADDRESS (PLEASE PRINT) 45.32 ___________________________________________ 45.33 I certify that on election day I will meet all the legal 45.34 requirements to vote. 45.35 VOTER'S SIGNATURE DATE 45.36 ________________________ _____________ 46.1 TO BE COMPLETED BY WITNESS 46.2 I certify that the voter 46.3 * showed me the blank ballots before voting; 46.4 * marked the ballots in secrecy or, if physically unable to 46.5 mark the ballots, the ballots were marked as directed by the 46.6 voter; and 46.7 * enclosed and sealed the ballots in the secrecy envelope. 46.8 NAME OF WITNESS (PLEASE PRINT) 46.9 ________________________________________ 46.10 ADDRESS OF WITNESS (PLEASE PRINT) 46.11 ________________________________________ 46.12 SIGNATURE OF WITNESS DATE 46.13 _________________________ __________ 46.14 TITLE OF WITNESS (IF AN OFFICIAL) 46.15 ________________________________________" 46.16 Subd. 7. [NONREGISTERED ELIGIBLE VOTERS.] An eligible 46.17 voter who was not registered on the 21st day prior to the 46.18 election may apply for and receive an absentee ballot. Absentee 46.19 voting in precincts using mail balloting must be conducted under 46.20 chapter 203B, except that the time for applying for, receiving, 46.21 and returning absentee ballots is extended until 8:00 p.m. on 46.22 the day of the election. The instructions to absentee voters 46.23 must be those specified in section 203B.21. The statement of 46.24 absentee voter must be that specified in section 203B.072. The 46.25 absentee ballot return envelope must be as specified in section 46.26 203B.073. 46.27 Subd. 8. [REPLACEMENT BALLOTS.] A voter who has spoiled a 46.28 ballot may request a replacement ballot from the official 46.29 conducting the election by completing a replacement mail ballot 46.30 affidavit. The spoiled ballot must be returned to the official 46.31 who issued the ballot, either by mail or in person, before a 46.32 replacement ballot can be issued. The election official must 46.33 put the returned ballot in a spoiled ballot envelope. A 46.34 replacement ballot may also be issued to a voter who signs an 46.35 affidavit stating that the voter did not receive or lost the 47.1 ballot mailed to the voter. The election official shall stamp 47.2 or mark on all replacement ballot return envelopes the words 47.3 "REPLACEMENT BALLOT" and shall maintain a record of all 47.4 replacement ballots issued. 47.5 Subd. 9. [FORM OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The 47.6 replacement mail ballot affidavit must be as follows: 47.7 "REPLACEMENT MAIL BALLOT AFFIDAVIT OF 47.8 _____________________________________ 47.9 (print or type legal name of voter) 47.10 _____________________________________ 47.11 (print or type legal address) 47.12 I certify that 47.13 - I am a resident and eligible voter in 47.14 _____________________________________ 47.15 (name of township or territory) 47.16 - I am requesting a replacement ballot because I spoiled, 47.17 lost, or did not receive the ballot mailed to me; 47.18 - if I spoiled the ballot, I have returned the spoiled 47.19 ballot to the official who issued the ballot or it is enclosed 47.20 with this affidavit; 47.21 - if I receive both ballots or find the first ballot, I 47.22 will destroy the unused ballot and will vote only once; and 47.23 - I understand that voting twice is a felony punishable by 47.24 not more than five years imprisonment and a fine of not more 47.25 than $10,000, or both. 47.26 _____________ ____________________________ 47.27 (date) (legal signature of voter)" 47.28 Subd. 10. [UNDELIVERABLE BALLOTS.] Ballots returned by the 47.29 post office as undeliverable to the voter at the address of 47.30 registration must be securely retained. If the auditor, 47.31 municipal clerk, or school district clerk is able to verify the 47.32 voter's residence at that address, the ballot may be reissued. 47.33 A ballot undeliverable to the voter at the address of 47.34 registration must be considered a returned notice of 47.35 verification as provided in section 201.12, and the voter's 47.36 registration must be challenged. The official conducting the 48.1 election shall maintain a record of all undeliverable ballots. 48.2 If the ballot is returned by the post office with 48.3 notification of the voter's new address within the county, 48.4 municipality, school district, or unorganized territory holding 48.5 the mail election, the auditor or clerk shall resend a ballot to 48.6 the voter along with a voter registration application, an 48.7 absentee ballot return envelope as provided in section 203.073, 48.8 subdivision 1, and a notice explaining the need and the 48.9 procedure to register at the voter's new address. The auditor 48.10 or clerk shall keep a list of individuals who are sent the 48.11 second mailing and will provide a copy of that list to the 48.12 election judges for use in processing the returned ballots. The 48.13 list of voters sent the second mailing will take the place of 48.14 the absentee ballot request form specified in section 203B.041. 48.15 Subd. 11. [RETURNING BALLOTS.] Mail ballots may be 48.16 returned to the official conducting the election by mail, in 48.17 person, or by designated agent. The official conducting the 48.18 election must accept ballots returned in person, or by 48.19 designated agent, until 8:00 p.m. on the day of the election. 48.20 An individual may not be the designated agent of more than three 48.21 voters in one election. 48.22 Subd. 12. [POLLING PLACE AND ELECTION JUDGES.] The only 48.23 polling place required for mail balloting is the office of the 48.24 election official conducting the election. The number of voting 48.25 stations set up in the office of the official conducting the 48.26 election must be sufficient to accommodate the number of voters 48.27 expected to vote in person on election day. On election day, 48.28 the official conducting the election shall provide one or more 48.29 secure drop boxes where voters can deposit return envelopes 48.30 containing ballots. The governing body of the jurisdiction 48.31 conducting the election shall designate a suitable location 48.32 where the election judges can meet on election day to receive 48.33 and count ballots. The location must be open for public 48.34 observation of the counting of ballots. The governing body of 48.35 the jurisdiction conducting the election shall appoint election 48.36 judges as provided in sections 204B.19 to 204B.21. For state 49.1 elections, the county auditor shall appoint election judges for 49.2 mail ballot precincts and shall apportion the cost of the 49.3 election judges among the precincts voting by mail in that 49.4 election. The county auditor may delegate the authority to 49.5 appoint election judges for precincts voting by mail in state 49.6 elections to the municipal clerk. During the day of the 49.7 election at least two election judges must be present at the 49.8 office of the official conducting the election to accept mail 49.9 ballots delivered in person and to process persons registering 49.10 on election day. Additional judges may be appointed as needed. 49.11 If the ballots are to be counted by hand and there are more than 49.12 two questions or one office to be voted on, at least one judge 49.13 must be appointed for the counting of ballots for every 500 49.14 persons from whom ballots are expected to be returned. 49.15 Subd. 13. [RECEIVING AND COUNTING BALLOTS.] On or before 49.16 election day, the election judges shall receive from the county 49.17 auditor, municipal clerk, or school district clerk, returned 49.18 ballots, applications for absentee ballots, affidavits for 49.19 replacement ballots, and the list of voters sent a second 49.20 mailing of the ballot. The judges shall arrange to receive from 49.21 the election official any additional ballots received in the 49.22 mail or returned by a voter prior to 8:00 p.m. on election day. 49.23 Ballots must be transported to the location where ballot 49.24 processing and counting will occur in a sealed transfer case by 49.25 two or more election judges. During the receiving and counting 49.26 of ballots, the ballots must at all times remain in the custody 49.27 of two or more election judges. 49.28 Prior to 8:00 p.m. on election day, the election judges may 49.29 examine the return envelopes, mark them "accepted" or "rejected" 49.30 and remove the ballot envelopes from the "accepted" return 49.31 envelopes. The election judges may check any list of registered 49.32 voters provided by the county auditor or contact the county 49.33 auditor to determine whether a witness who did not provide an 49.34 address is a registered voter and therefore an eligible voter. 49.35 The ballot envelopes must be placed unopened in a locked ballot 49.36 box or other sealed container. At 8:00 p.m. on election day, 50.1 the election judges shall open the ballot box, remove the 50.2 ballots from the ballot envelopes, and count the ballots. 50.3 Subd. 14. [CHALLENGES.] Challengers appointed under 50.4 section 204C.07 may be present while the election judges are 50.5 examining and accepting or rejecting the return envelopes. 50.6 Challenges must be made and determined as provided in section 50.7 204C.13, subdivision 6. 50.8 Subd. 15. [COSTS.] The governing body authorizing mail 50.9 balloting shall pay the costs of the mailing. Costs of mailing 50.10 include postage costs and the costs of printing required 50.11 envelopes, instructions, affidavits, and mailing labels. Other 50.12 expenses must be paid as provided in section 204B.32. 50.13 Subd. 16. [ALTERNATE FORMS.] The secretary of state may 50.14 authorize the alternate use of envelopes and other forms related 50.15 to mail elections. 50.16 Sec. 47. Minnesota Statutes 2002, section 204C.06, 50.17 subdivision 2, is amended to read: 50.18 Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 50.19 Representatives of the secretary of state's office, the county 50.20 auditor's office, and the municipal or school district clerk's 50.21 office may be present at the polling place to observe election 50.22 procedures. Except for these representatives, election judges, 50.23 sergeants-at-arms, and challengers, an individual may remain 50.24 inside the polling place during voting hours only while voting 50.25 or registering to vote, completing a form pursuant to section 50.26 200.04, providing proof of residence for an individual who is 50.27 registering to vote, or assisting a handicapped voter or a voter 50.28 who is unable to read English. During voting hours no one 50.29 except individuals receiving, marking, or depositing ballots 50.30 shall approach within six feet of a voting booth, unless 50.31 lawfully authorized to do so by an election judge. 50.32 (b) Teachers and elementary or secondary school students 50.33 participating in an educational activity authorized by section 50.34 204B.27, subdivision 7, may be present at the polling place 50.35 during voting hours. 50.36 Sec. 48. Minnesota Statutes 2002, section 204C.10, is 51.1 amended to read: 51.2 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 51.3 REGISTRATION.] 51.4 (a) An individual seeking to vote shall sign a polling 51.5 place roster which states that the individual is at least 18 51.6 years of age, a citizen of the United States, has resided in 51.7 Minnesota for 20 days immediately preceding the 51.8 election,certifiesmaintains residence at the address shown, is 51.9 not under a guardianshipof the personin which the individual 51.10 has not retained the right to vote, has not been found by a 51.11 court of law to be legally incompetent to vote or convicted of a 51.12 felony without having civil rights restored, is registered and 51.13 has not already voted in the election. The roster must also 51.14 state: "I understand that giving false information is a felony 51.15 punishable by not more than five years imprisonment and a fine 51.16 of not more than $10,000, or both." 51.17 (b) A judge may, before the applicant signs the roster, 51.18 confirm the applicant's name, address, and date of birth. 51.19 (c) After the applicant signs the roster, the judge shall 51.20 give the applicant a voter's receipt. The voter shall deliver 51.21 the voter's receipt to the judge in charge of ballots as proof 51.22 of the voter's right to vote, and thereupon the judge shall hand 51.23 to the voter the ballot. The voters' receipts must be 51.24 maintained during the time for notice of filing an election 51.25 contest. 51.26 Sec. 49. Minnesota Statutes 2002, section 204C.24, 51.27 subdivision 1, is amended to read: 51.28 Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct 51.29 summary statementsshallmust be submitted by the election 51.30 judges in every precinct.For state elections, the election51.31judges shall complete three or more copies of the summary51.32statements, andIn a central counting center, the election 51.33 official in charge shall prepare the summary statements. The 51.34 summary statement must state the name of the county; the name of 51.35 the municipality, school district, or special district; the 51.36 precinct name and code; offices; names of candidates; number of 52.1 persons registered at 7:00 a.m. on election day; number of 52.2 ballots counted; vote totals; and any other data required by the 52.3 secretary of state. Eachcopy shallsummary statement must 52.4 contain the following information for each kind of ballot: 52.5 (a) the number of votes each candidate received, including 52.6 write-in candidates for state or federal office who have 52.7 requested under section 204B.09 that votes for those candidates 52.8 be tallied, or the number of yes and no votes on each question, 52.9 the number of undervotes or partially blank ballots, and the 52.10 number of overvotes or partially defective ballots with respect 52.11 to each office or question; 52.12 (b) the number of totally blank ballots, the number of 52.13 totally defective ballots, the number of spoiled ballots, and52.14the number of unused ballots; 52.15 (c) the number of individuals who voted at the election in 52.16 the precinct; 52.17 (d) the number of voters registering on election day in 52.18 that precinct;and52.19 (e) the number of regular absentee ballots; 52.20 (f) the number of military and overseas absentee ballots; 52.21 (g) the number of registered voters in the precinct as of 52.22 7:00 a.m. on election day; 52.23 (h) the number of ballots on hand as of 7:00 a.m., the 52.24 number of spoiled ballots, the number of unused ballots, the 52.25 number of ballots in the envelope marked "ballots for which 52.26 duplicates were made," and the number of ballots that were 52.27 printed at or delivered to the precinct during election day; and 52.28 (i) the signatures of the election judges who counted the 52.29 ballots certifying that all of the ballots cast were properly 52.30 piled, checked, and counted; and that the numbers entered by the 52.31 election judges on the summary statements correctly show the 52.32 number of votes cast for each candidate and for and against each 52.33 question. The summary statement may be a computer printout, a 52.34 tape produced by a vote tabulator, or a form designated by the 52.35 secretary of state. 52.36 For state elections, the election judges shall complete 53.1 three or more copies of the summary statement. At least two 53.2 copies of the summary statement must be prepared for elections 53.3 not held on the same day as the state elections. The summary 53.4 statements must be certified to the official conducting the 53.5 election. The official conducting the election shall prepare 53.6 one summary statement for each jurisdiction canvassing the 53.7 results of the election. For state elections, the county 53.8 auditor shall forward a summary statement to the secretary of 53.9 state together with two copies of the county canvassing board 53.10 report. The official conducting the election may authorize the 53.11 printing of copies of the summary statement for public 53.12 information purposes. The official conducting the election 53.13 shall prepare copies of any additional forms required by the 53.14 secretary of state. 53.15 Authorized personnel in each county must enter data 53.16 contained on the summary statements into the election reporting 53.17 system for the purpose of state reporting of the election 53.18 results. 53.19 Sec. 50. [204C.275] [INSPECTION OF POLLING PLACE ROSTERS.] 53.20 An individual who asks to inspect a polling place roster 53.21 used on election day must provide the county auditor with 53.22 identification and a written request stating the information 53.23 required by section 201.091, subdivision 4. Before fulfilling 53.24 the request for inspection, the auditor must conceal the month 53.25 and day of birth of each person on the roster. Before 53.26 fulfilling the request for inspection, the auditor must conceal 53.27 the address of any voter whose registration is under 53.28 court-ordered protection pursuant to section 201.091. 53.29 Sec. 51. [204C.255] [PROCEDURES FOLLOWING CLOSE OF POLLS.] 53.30 Subdivision 1. [BALLOTS NOT ISSUED, SECURED.] All ballots 53.31 that are not issued to voters must be secured for return to the 53.32 official in charge of the election for the election jurisdiction. 53.33 Subd. 2. [TOTAL NUMBER OF VOTERS.] The total number of 53.34 voters, determined pursuant to section 204C.20, subdivision 1, 53.35 must be entered on the summary statement. 53.36 Sec. 52. [204C.305] [DISTRIBUTION OF SUMMARY STATEMENTS.] 54.1 The summary statements referred to in section 204C.... must 54.2 be certified to the official conducting the election. The 54.3 official conducting the election shall prepare one summary 54.4 statement for each jurisdiction canvassing the results of the 54.5 election. For state elections, the county auditor shall forward 54.6 a summary statement to the secretary of state together with two 54.7 copies of the county canvassing board report. The official 54.8 conducting the election may authorize the printing of copies of 54.9 the summary statement for public information purposes. The 54.10 official conducting the election shall prepare copies of any 54.11 additional forms required by the secretary of state. 54.12 Sec. 53. [204C.245] [CERTIFICATE OF ELECTION JUDGES.] 54.13 The election judges shall sign a "certificate of election 54.14 judges." The certificate must state: 54.15 (1) the number of persons voting as shown on the summary 54.16 statement; 54.17 (2) that the order of the offices and questions to be voted 54.18 on and the candidates' names on the ballots were the same as on 54.19 the sample ballot; 54.20 (3) the number of ballots being submitted for tabulation; 54.21 (4) that the ballots have been counted and agree with the 54.22 number of names as shown on the summary statement; 54.23 (5) the number of excess ballots, if any; 54.24 (6) that all ballots requiring duplication are in the 54.25 proper envelope; 54.26 (7) that all write-in votes have been properly recorded, if 54.27 this process was done on election night; 54.28 (8) that all ballots used in the election and all ballots 54.29 that have been or need to be duplicated have been placed in the 54.30 transfer case and that the case was securely sealed in such a 54.31 manner as to render it impossible to open the case without 54.32 breaking the seal; and 54.33 (9) the numbers of any seals used to seal the transfer case 54.34 or cases, boxes, or envelopes containing ballots. 54.35 Sec. 54. [204C.125] [EMERGENCY VOTING CARD.] 54.36 If a voter who has registered prior to an election day is 55.1 challenged because the voter's name does not appear on the 55.2 polling place roster of the precinct in which the voter desires 55.3 to vote, the voter may register on that election day by 55.4 following the election day registration procedures in Minnesota 55.5 Rules, parts 8200.1100 to 8200.9300 and 8220.0325 to 8220.2850. 55.6 Or, if it appears upon examination that the voter's name was 55.7 erroneously omitted from the roster, the voter must be permitted 55.8 to vote in the precinct after completing the required name and 55.9 address information and signing the oath on the polling place 55.10 roster. The judges shall note on the list that the voter was 55.11 permitted to vote pursuant to instructions from the county 55.12 auditor and two judges shall initial the entry. A voter who 55.13 uses this procedure and is allowed to vote must not complain 55.14 under section 200.04 that the voter's name was not in the 55.15 computerized statewide registration list. 55.16 Sec. 55. Minnesota Statutes 2002, section 204D.06, is 55.17 amended to read: 55.18 204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 55.19 At least 42 days before a state primary, the secretary of 55.20 state shall certify to the county auditors the names of all 55.21 candidates who have properly filed affidavits of candidacy with 55.22 the secretary of state and who will be voted for in their 55.23 respective counties at that primary. The secretary of state may 55.24 comply with this requirement electronically. 55.25 Sec. 56. Minnesota Statutes 2002, section 204D.23, 55.26 subdivision 4, is amended to read: 55.27 Subd. 4. [FILING WITH THE SECRETARY OF STATE; 55.28 CERTIFICATION.] Within 24 hours after the filings have closed, 55.29 the secretary of state shall certify to the county auditors the 55.30 names of the candidates who have filed with the secretary of 55.31 state and who will be voted for in those counties at the special 55.32 primary. The secretary of state may comply with this 55.33 requirement electronically. 55.34 Sec. 57. [205.135] [ELECTION RESULTS REPORTING SYSTEM; 55.35 CANDIDATE FILING.] 55.36 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 56.1 scheduled municipal elections held in November of an 56.2 even-numbered year, the municipal clerk must provide the offices 56.3 and questions to be voted on in the municipality and the list of 56.4 candidates for each office to the county auditor for entry into 56.5 the election results reporting system provided by the secretary 56.6 of state no later than 54 days prior to the election. The 56.7 county auditor may delegate the duty to enter the information 56.8 into the system to the municipal clerk. 56.9 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 56.10 municipal elections held in an odd-numbered year, the municipal 56.11 clerk or county auditor must enter the offices and questions to 56.12 be voted on in the municipality and the list of candidates for 56.13 each office into the election results reporting system no later 56.14 than 54 days prior to the election if the county auditor or 56.15 municipal clerk has notified the secretary of state of intent to 56.16 use the election results reporting system for the election. 56.17 Sec. 58. [205.187] [ELECTION RESULTS REPORTING SYSTEM; 56.18 PRECINCT VOTES.] 56.19 For regularly scheduled municipal elections held in an 56.20 even-numbered year, the county auditor shall enter the votes in 56.21 each precinct for the questions and offices voted on in the 56.22 municipal election into the election results reporting system 56.23 provided by the secretary of state. 56.24 For regularly scheduled municipal elections held in an 56.25 odd-numbered year, the municipal clerk or county auditor must 56.26 enter the votes in each precinct for the offices and questions 56.27 voted on in the municipality into the election results reporting 56.28 system provided by the secretary of state. 56.29 Sec. 59. [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 56.30 CANDIDATE FILING.] 56.31 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 56.32 scheduled school district elections held in an even-numbered 56.33 year, the school district clerk must provide the offices and 56.34 questions to be voted on in the school district and the list of 56.35 candidates for each office to the county auditor for entry into 56.36 the election results reporting system provided by the secretary 57.1 of state no later than 54 days prior to the election. 57.2 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 57.3 school district elections held in an odd-numbered year, the 57.4 school district clerk or county auditor must enter the offices 57.5 and questions to be voted on in the school district and the list 57.6 of candidates for each office into the election results 57.7 reporting system no later than 54 days prior to the election if 57.8 the county auditor or school district has notified the secretary 57.9 of state of intent to use the election results reporting system 57.10 for the election. 57.11 Sec. 60. [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 57.12 PRECINCT VOTES.] 57.13 For regularly scheduled school district elections held in 57.14 an even-numbered year, the county auditor shall enter the votes 57.15 in each precinct for the questions and offices voted on in the 57.16 school district election into the election results reporting 57.17 system provided by the secretary of state. 57.18 For regularly scheduled school district elections held in 57.19 an odd-numbered year, the school district clerk or county 57.20 auditor must enter the votes in each precinct for the offices 57.21 and questions voted on in the school district into the election 57.22 results reporting system if the county auditor or municipal 57.23 clerk has notified the secretary of state of intent to use the 57.24 election results reporting system for the election. 57.25 Sec. 61. Minnesota Statutes 2002, section 204C.13, is 57.26 amended by adding a subdivision to read: 57.27 Subd. 8. [SPOILED BALLOTS.] If a voter spoils a ballot by 57.28 inadvertently defacing it or requests a new ballot, the voter 57.29 shall hand the ballot to the election judge. The election judge 57.30 may only look at the portion of the ballot containing precinct 57.31 information in order to determine what style of replacement 57.32 ballot to give the voter. The election judge shall place the 57.33 ballot in the spoiled ballot envelope and give the voter another 57.34 ballot. 57.35 Sec. 62. Minnesota Statutes 2002, section 206.64, 57.36 subdivision 1, is amended to read: 58.1 Subdivision 1. [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 58.2 VOTING.] Each electronic voting system booth must be placed and 58.3 protected so that it is accessible to only one voter at a time 58.4 and is in full view of all the election judges and challengers 58.5 at the polling place. The election judges shall admit one 58.6 individual at a time to each booth after determining that the 58.7 individual is eligible to vote. Voting by electronic voting 58.8 system must be secret, except for voters who need assistance. A 58.9 voter may remain inside the voting booth forthree minutesa 58.10 reasonable time. A voter who refuses to leave the voting booth 58.11 afterthree minutesa reasonable time must be removed by the 58.12 election judges. In no case may the time limit be construed to 58.13 be less than three minutes. No time limit applies to a voter 58.14 using assistive voting technology. 58.15 Sec. 63. [REPEALER.] 58.16 (a) Minnesota Statutes 2002, section 203B.02, subdivision 58.17 1a, is repealed. 58.18 (b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700; 58.19 8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 58.20 8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 58.21 8210.0200; 8210.0225; 8210.0500; 8210.0600; 8210.0700; 58.22 8210.0800; 8210.2300; and 8210.2400, are repealed. 58.23 Sec. 64. [EFFECTIVE DATE.] 58.24 This act is effective the day following final enactment.