SF 3373

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

A bill for an act
relating to elections; providing for discretionary partial recounts; specifying
certain recount and postelection review procedures; requiring captioning for deaf
and hard-of-hearing viewers on certain campaign materials; amending Minnesota
Statutes 2006, sections 204C.35, subdivisions 2, 3; 204C.36, subdivisions 2, 6;
206.89, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 211B.

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

Section 1.

Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read:

Subd. 2.

Optional recount.

(a) A losing candidate for nomination or election to a
statewide federal office, state constitutional office, statewide judicial office, congressional
office, state legislative office, or district judicial office may request a recount in a manner
provided in this section at the candidate's own expense when the vote difference is greater
than the difference required by this section. The votes shall be recounted as provided in
this section if the candidate files a request during the time for filing notice of contest of the
primary or election for which a recount is sought.

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; the costs of computer
operation, preparation of ballot counting equipment, necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.

new text begin (c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after the
result in these precincts has been determined.
new text end

new text begin (d) If the result of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.
new text end

Sec. 2.

Minnesota Statutes 2006, section 204C.35, subdivision 3, is amended to read:

Subd. 3.

Scope of recount.

A recount conducted as provided in this section is
limited in scope to the determination of the number of votes validly cast for the office to
be recounted. Only the ballots cast in the election and the summary statements certified
by the election judges may be considered in the recount process. new text begin The official conducting
the recount must visually inspect each ballot before counting to determine if any of the
marks made by the voter cannot be counted by the voting system. In every instance where
a vote cannot be counted by the voting system, the official must use the criteria in section
204B.22 to determine the voter's intent.
new text end

Sec. 3.

Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recounts.

new text begin (a) new text end A losing candidate for nomination
or election to a county, municipal, or school district office may request a recount in the
manner provided in this section at the candidate's own expense when the vote difference is
greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall
be recounted as provided in this section if the requesting candidate files with the county
auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by
the governing body of the jurisdiction or the school board of the school district for the
payment of the recount expenses.

new text begin (b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after the
results in these precincts have been determined.
new text end

new text begin (c) If the result of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.
new text end

Sec. 4.

Minnesota Statutes 2006, section 204C.36, subdivision 6, is amended to read:

Subd. 6.

Scope of recount.

A recount conducted as provided in this section is
limited in scope to the determination of the number of votes validly cast for the office or
question to be recounted. Only the ballots cast in the election and the summary statements
certified by the election judges may be considered in the recount process. new text begin The official
conducting the recount must visually inspect each ballot before counting to determine if
any of the marks made by the voter cannot be counted by the voting system. In every
instance where a vote cannot be counted by the voting system, the official must use the
criteria in section 204B.22 to determine the voter's intent.
new text end

Sec. 5.

Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed. The county canvassing board of a county with fewer than
50,000 registered voters must select at least two precincts for postelection review. The
county canvassing board of a county with between 50,000 and 100,000 registered voters
must select at least three precincts for review. The county canvassing board of a county
with over 100,000 registered voters must select at least four precincts. The precincts must
be selected by lot at a public meeting. At least one precinct selected in each county must
have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. new text begin If the selection of precincts by lot has
not resulted in the selection of at least four precincts in each congressional district, the
secretary of state may require counties to select by lot additional precincts to meet the
congressional district requirement. new text end The secretary of state must post this information on
the office Web site.

Sec. 6.

new text begin [211B.22] CAMPAIGN MATERIAL THAT MUST INCLUDE
CAPTIONING.
new text end

new text begin Campaign material that is disseminated electronically by a candidate or committee
using any of the following methods must include captioning for deaf and hard-of-hearing
viewers:
new text end

new text begin (1) television time or online video time purchased by a candidate or committee;
new text end

new text begin (2) free time on a public access cable television channel; and
new text end

new text begin (3) free time on a television broadcast or Web site.
new text end