HF 643

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution; 
  1.3             adding a section to article IV to provide for 
  1.4             initiative and referendum; providing procedures for 
  1.5             initiative and referendum; providing penalties; 
  1.6             amending Minnesota Statutes 2000, sections 204C.19, 
  1.7             subdivision 2; 204C.27; 204C.33, subdivisions 1 and 3; 
  1.8             204D.11, by adding a subdivision; 204D.15; 204D.16; 
  1.9             and 204D.165; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 3B. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.13     An amendment to the Minnesota Constitution, adding a 
  1.14  section to article IV, is proposed to the people.  If the 
  1.15  amendment is adopted the section will read as follows: 
  1.16     Sec. 27.  The enactment of a law may be initiated by the 
  1.17  petition of registered voters.  A referendum of the people to 
  1.18  repeal existing law may be proposed by petition of registered 
  1.19  voters. 
  1.20     An initiative of the people that proposes a law shall be 
  1.21  placed on the ballot at the state general election if petitions 
  1.22  for it are signed by registered voters in each of three-quarters 
  1.23  of the congressional districts of the state, and of the state as 
  1.24  a whole, in a number equal to or greater than five percent of 
  1.25  the number of persons who voted for governor at the last 
  1.26  election of a governor in each of such districts respectively 
  1.27  and in the state as a whole. 
  1.28     A referendum of the people whose purpose is only to repeal 
  2.1   existing law shall be placed on the ballot at the state general 
  2.2   election if petitions for it are signed by registered voters in 
  2.3   each of three-quarters of the congressional districts of the 
  2.4   state, and of the state as a whole, in a number not less than 
  2.5   five percent of the number of persons who voted for governor at 
  2.6   the last election of a governor.  If the law whose repeal is 
  2.7   proposed has not gone into effect at the time that completed 
  2.8   petitions are filed, the law shall remain suspended until the 
  2.9   question is voted on. 
  2.10     An initiated law or the repeal of a law by referendum of 
  2.11  the people shall be enacted 30 days after the affirmative vote 
  2.12  of a majority of those voting on the question.  An initiated law 
  2.13  may not be amended or repealed nor may a law repealed by 
  2.14  referendum be enacted again, either under this section or by 
  2.15  enactment by the legislature, before the next state general 
  2.16  election after the vote on the initiated or referred law.  The 
  2.17  governor may not veto an initiated law or a referendum of the 
  2.18  people.  If a law that is similar to a pending initiated law is 
  2.19  enacted by the legislature, the sponsor of the initiative may 
  2.20  abandon it.  The similar law may provide that, if the sponsor of 
  2.21  the initiative declines to abandon it, the similar law will also 
  2.22  be placed on the ballot to be voted on like the initiated law.  
  2.23  If both receive the affirmative vote of a majority, only that 
  2.24  which has the greater vote shall take effect. 
  2.25     An amendment to the constitution may be initiated by a 
  2.26  petition signed by registered voters in each of three-quarters 
  2.27  of the congressional districts of the state, and of the state as 
  2.28  a whole, in a number not less than eight percent of the number 
  2.29  of persons who voted for governor at the last election of a 
  2.30  governor in each of such districts respectively and in the state 
  2.31  as a whole.  The amendment shall be placed on the ballot at the 
  2.32  state general election and becomes part of this constitution 30 
  2.33  days after the affirmative vote of a majority of those voting at 
  2.34  the election. 
  2.35     The legislature may, by a law enacted under the other 
  2.36  provisions of article IV, refer a law to a vote of the people.  
  3.1   No more than three laws may be referred by the legislature to a 
  3.2   vote of the people at the same state general election.  A law 
  3.3   referred by the legislature shall be enacted 30 days after the 
  3.4   affirmative vote of a majority of those voting on the question.  
  3.5   The governor may not veto a law referred by the legislature. 
  3.6      No proposal for an initiated law, a referendum of the 
  3.7   people to repeal existing law, an amendment to the constitution 
  3.8   initiated by petition, or a law referred by the legislature to a 
  3.9   vote of the people may embrace more than one general subject. 
  3.10     The legislature shall, by law, provide procedures to 
  3.11  facilitate this section. 
  3.12     Sec. 2.  [QUESTION.] 
  3.13     The amendment must be submitted to the people at the 2002 
  3.14  general election.  The question proposed must be: 
  3.15     "Shall the Minnesota Constitution be amended to provide for 
  3.16  initiative and referendum? 
  3.17                                     Yes .......
  3.18                                     No ........"
  3.19     Sec. 3.  [3B.31] [CITATION.] 
  3.20     Sections 3B.31 to 3B.56 may be cited as the "Initiative and 
  3.21  Referendum Implementation Act." 
  3.22     Sec. 4.  [3B.32] [DEFINITIONS.] 
  3.23     Subdivision 1.  [SCOPE.] The definitions in this section 
  3.24  apply to sections 3B.31 to 3B.56. 
  3.25     Subd. 2.  [BALLOT MEASURE.] "Ballot measure" means a law 
  3.26  proposed by an initiative or a referendum of the people. 
  3.27     Ballot measure also includes a law referred by the 
  3.28  legislature for purposes of sections 3B.43, 3B.44, 3B,45, 3B.47, 
  3.29  3B.48, 3B.50, 3B.51, 3B.52, 3B.53, 3B.55, and 3B.56. 
  3.30     Subd. 3.  [PETITION DRIVE.] "Petition drive" means the 
  3.31  organized process by which the sponsor and the authorized agents 
  3.32  solicit registered voters to sign ballot measure petitions. 
  3.33     Subd. 4.  [SPONSOR.] "Sponsor" means a political committee 
  3.34  as defined by section 10A.01, subdivision 27, whose major 
  3.35  purpose is to promote or defeat a ballot measure. 
  3.36     Sec. 5.  [3B.33] [PREPARATION FOR PETITIONING.] 
  4.1      Subdivision 1.  [FILING OF DECLARATION.] Before circulating 
  4.2   petitions to have a ballot measure placed on the ballot at the 
  4.3   state general election, the sponsor shall file a declaration 
  4.4   with the secretary of state not earlier than January 1 of an 
  4.5   odd-numbered year. 
  4.6      Subd. 2.  [CONTENTS.] The declaration must: 
  4.7      (1) state the name, mailing address, chair, and treasurer 
  4.8   of the sponsor; 
  4.9      (2) give a description of the intent or purpose of the 
  4.10  ballot measure; 
  4.11     (3) state a short title by which the sponsor wants the 
  4.12  ballot measure to be identified; and 
  4.13     (4) state the name, address, and telephone number of the 
  4.14  person who is designated by the sponsor to work on the final 
  4.15  form and wording of the ballot measure and is authorized to 
  4.16  approve its final form and wording. 
  4.17     Subd. 3.  [CHANGES.] Upon notification by the sponsor, the 
  4.18  secretary of state shall amend information listed in the 
  4.19  declaration. 
  4.20     Subd. 4.  [SAMPLE.] The secretary of state shall provide a 
  4.21  sample declaration form. 
  4.22     Subd. 5.  [FILING FEE.] The sponsor shall pay to the 
  4.23  secretary of state a filing fee of $100. 
  4.24     Sec. 6.  [3B.34] [ADVICE BY REVISOR OF STATUTES.] 
  4.25     Subdivision 1.  [SECRETARY OF STATE'S DUTIES.] The 
  4.26  secretary of state shall immediately forward one copy of each 
  4.27  declaration to the revisor of statutes.  The secretary of state 
  4.28  shall also advise the sponsor to consult with the revisor. 
  4.29     Subd. 2.  [REVISOR'S DUTIES.] The revisor of statutes 
  4.30  shall, within 14 days of the filing of a declaration, prepare a 
  4.31  final draft of a ballot measure.  The intent and purpose may be 
  4.32  amplified or refined by the person authorized by the declaration 
  4.33  to approve the form and wording of the measure.  The revisor 
  4.34  shall advise the sponsor as to the measure's constitutionality, 
  4.35  and the best form of the measure to accomplish the sponsor's 
  4.36  intent and purpose.  However, if the revisor and the sponsor 
  5.1   disagree as to the best form and content of the measure to 
  5.2   accomplish the sponsor's intent and purpose, or disagree as to 
  5.3   constitutionality, the directions of the sponsor must prevail.  
  5.4   All discussions by the revisor with the sponsor must be treated 
  5.5   by the revisor as confidential.  If, after consulting the 
  5.6   revisor, the sponsor does not desire the revisor's assistance, 
  5.7   the chair shall sign a written waiver of assistance.  The waiver 
  5.8   must then be filed with the secretary of state and the revisor, 
  5.9   together with a final draft of the ballot measure prepared by 
  5.10  the sponsor.  Together with the final draft prepared by the 
  5.11  revisor, or within seven days after receiving the waiver and 
  5.12  final draft prepared by the sponsor, the revisor shall furnish 
  5.13  the sponsor and the secretary of state with a summary of the 
  5.14  measure to be proposed to the people. 
  5.15     Subd. 3.  [FORM.] The form of ballot measures must conform 
  5.16  to the form of bills considered by the legislature.  The 
  5.17  enacting clause must be "BE IT ENACTED BY THE PEOPLE OF THE 
  5.18  STATE OF MINNESOTA:"  No ballot measure may embrace more than 
  5.19  one general subject.  The ballot measure may not provide for the 
  5.20  form of the ballot question by which it would be submitted to 
  5.21  the voters. 
  5.22     Within 14 days after receiving the final draft of the 
  5.23  ballot measure and the revisor's summary, the secretary of state 
  5.24  must state the wording of the question to be placed on the 
  5.25  ballot.  The ballot question must be a true and impartial 
  5.26  statement of the intent and purpose of the measure.  It must be 
  5.27  in similar form as a ballot question for a legislative proposal 
  5.28  of a constitutional amendment. 
  5.29     Sec. 7.  [3B.35] [PETITIONS FOR BALLOT MEASURE.] 
  5.30     Subdivision 1.  [CONTENTS.] Each official ballot measure 
  5.31  petition form must be printed on only one side of a sheet of 
  5.32  paper and contain the following: 
  5.33     (1) in not less than 24-point bold type at the top of the 
  5.34  front page, the printed words "OFFICIAL BALLOT MEASURE 
  5.35  PETITION"; 
  5.36     (2) the ballot question prepared by the secretary of state 
  6.1   and the name of the sponsor; 
  6.2      (3) the summary of the ballot measure prepared by the 
  6.3   revisor; 
  6.4      (4) a statement that a verbatim copy of the ballot measure 
  6.5   is available for public examination at the office of the 
  6.6   secretary of state or any county auditor and on the secretary of 
  6.7   state's Web site; 
  6.8      (5) space for registered voters to sign the petition 
  6.9   including space for the signature, printed name, telephone 
  6.10  number, mailing address, county of residence, and an indication 
  6.11  of status as a registered voter; and 
  6.12     (6) a statement that some of the circulators of the 
  6.13  petition may have been paid to circulate it. 
  6.14     Subd. 2.  [SECRETARY OF STATE TO PREPARE.] The secretary of 
  6.15  state shall prepare the official ballot measure petition form as 
  6.16  required by subdivision 1 and shall provide a copy to the 
  6.17  sponsor to duplicate and circulate. 
  6.18     Subd. 3.  [COPY TO COUNTY AUDITOR.] The secretary of state 
  6.19  shall, within seven calendar days after completing the official 
  6.20  ballot measure petition form, send to the county auditor in each 
  6.21  county a verbatim copy of the ballot measure as on file in the 
  6.22  secretary of state's office. 
  6.23     Sec. 8.  [3B.36] [INTERNET SITE.] 
  6.24     Upon preparing ballot measure petition forms under section 
  6.25  3B.35, the secretary of state shall maintain a Web site 
  6.26  containing information about the proposed ballot measure.  
  6.27     Sec. 9.  [3B.37] [TIME AND PLACE OF CIRCULATION OF 
  6.28  PETITIONS; VOLUNTARY ABANDONMENT.] 
  6.29     Subdivision 1.  [CIRCULATION DATES.] Ballot measure 
  6.30  petitions may be circulated upon receipt of the official ballot 
  6.31  measure petition form from the secretary of state.  
  6.32     Subd. 2.  [CIRCULATING PROHIBITED NEAR POLLING 
  6.33  PLACE.] Initiative petitions must not be circulated in, or 
  6.34  within 100 feet of the entrance to, a polling place during the 
  6.35  hours when a primary or general or special election is being 
  6.36  conducted.  The entrance to a polling place is the doorway or 
  7.1   point of entry leading into the room or area where voting is 
  7.2   occurring. 
  7.3      Subd. 3.  [ABANDONMENT OF PETITION DRIVE.] The sponsor may 
  7.4   abandon the petition drive at any time before the petition is 
  7.5   certified by the secretary of state as provided in section 
  7.6   3B.41.  To abandon the drive, a declaration to that effect must 
  7.7   be filed with the secretary of state.  The filing of the 
  7.8   declaration does not prevent another sponsor from beginning a 
  7.9   similar or identical petition drive.  All petitions signed 
  7.10  before the declaration are void upon the filing of the 
  7.11  declaration and may not subsequently be used by a new sponsor. 
  7.12     Subd. 4.  [VOID PETITIONS.] Petitions that are signed but 
  7.13  never filed or that are filed but have a number of signatures 
  7.14  that is later determined to be insufficient are void after the 
  7.15  deadline in section 3B.39, subdivision 4.  The petitions may not 
  7.16  be used for similar or identical petition circulation efforts in 
  7.17  subsequent years. 
  7.18     Sec. 10.  [3B.38] [PETITION FILING DEADLINE.] 
  7.19     The sponsor shall file the signed petitions with the 
  7.20  secretary of state not later than July 1 of an even-numbered 
  7.21  year. 
  7.22     Sec. 11.  [3B.39] [VERIFICATION OF PETITIONS.] 
  7.23     Subdivision 1.  [DEADLINE; METHODS; CHALLENGES.] Within 30 
  7.24  days after a petition is filed under section 3B.38 but not later 
  7.25  than July 31 of an even-numbered year, the secretary of state 
  7.26  shall determine whether a sufficient number of valid signatures 
  7.27  has been obtained.  The secretary of state may verify signatures 
  7.28  by the random sampling method provided in section 3B.40.  County 
  7.29  auditors, at the secretary of state's request, shall assist the 
  7.30  secretary of state in verifying signatures.  Any eligible voter 
  7.31  may challenge the number or validity of signatures on the 
  7.32  petition.  The secretary of state shall determine the contest of 
  7.33  the number or validity of signatures by an eligible voter. 
  7.34     Subd. 2.  [VALIDITY.] A signature is valid if: 
  7.35     (1) it is voluntarily signed by the person named; 
  7.36     (2) the signatory is a registered voter; and 
  8.1      (3) the signature is identifiable. 
  8.2      Subd. 3.  [PROTEST; CONTEST.] An eligible voter contesting 
  8.3   the sufficiency or validity of signatures shall file a protest 
  8.4   within the time provided in subdivision 1 for the secretary of 
  8.5   state to verify the petitions or within seven days of the 
  8.6   determination of the secretary of state under subdivision 1, 
  8.7   whichever occurs earlier.  The protest must include a brief 
  8.8   statement of the evidence of insufficiency or invalidity.  If an 
  8.9   eligible voter contests the sufficiency or validity of 
  8.10  signatures in bad faith, the voter may be assessed costs of the 
  8.11  contest up to a maximum of $2,000.  The secretary of state shall 
  8.12  hear evidence and determine contests within 14 days after the 
  8.13  protest is filed. 
  8.14     Subd. 4.  [INSUFFICIENT SIGNATURES.] If the secretary of 
  8.15  state determines that the number of valid signatures is fewer 
  8.16  than the number required, the secretary shall so notify the 
  8.17  sponsor, and petitions for additional signatures may be 
  8.18  circulated for an additional period of 14 days in the case of a 
  8.19  determination of an actual or estimated number deficiency, 
  8.20  commencing from the date of notification.  The secretary shall 
  8.21  verify a random sample of the additional signatures within ten 
  8.22  days of receiving them.  If the verification from the random 
  8.23  sample of the additional signatures does not show that the total 
  8.24  number of valid signatures on the additional petitions is 100 
  8.25  percent or more of the deficiency, the secretary shall notify 
  8.26  the sponsor.  No further action shall then be taken on the 
  8.27  petitions, and the petitions may not be used for similar or 
  8.28  identical petition circulation efforts in subsequent years. 
  8.29     Sec. 12.  [3B.40] [DETERMINATION OF SUFFICIENT VALID 
  8.30  SIGNATURES.] 
  8.31     Subdivision 1.  [RANDOM SAMPLING METHOD OF SIGNATURE 
  8.32  VERIFICATION.] A sample of signatures to be verified must be 
  8.33  drawn in such a manner that every signature filed with the 
  8.34  secretary of state is given an equal opportunity to be included 
  8.35  in the sample.  The sample must include five percent of the 
  8.36  signatures.  The number of valid signatures must be determined 
  9.1   by taking the total number of signatures filed and multiplying 
  9.2   it by the percentage of signatures in the statistical sample 
  9.3   which were found to be valid.  In calculating the number of 
  9.4   valid signatures, any fractions must be rounded up to one.  
  9.5      Subd. 2.  [SUFFICIENT VALID SIGNATURES.] If the 
  9.6   verification from the statistical sample shows that the total 
  9.7   number of valid signatures on all the petitions is 100 percent 
  9.8   or more of the minimum number of signatures needed to declare 
  9.9   the number of petition signatures to be sufficient, the 
  9.10  secretary of state shall certify the sufficiency of the 
  9.11  petitions under section 3B.41. 
  9.12     Subd. 3.  [INSUFFICIENT VALID SIGNATURES.] If the 
  9.13  verification from the statistical sample shows that the number 
  9.14  of valid signatures is less than 100 percent of the minimum 
  9.15  number of signatures needed to declare the number of petition 
  9.16  signatures to be sufficient, the secretary of state shall 
  9.17  determine that the number of petition signatures is 
  9.18  insufficient.  The secretary shall give the sponsor written 
  9.19  notice of what percentage of the signatures is valid. 
  9.20     Sec. 13.  [3B.41] [CERTIFICATION BY SECRETARY OF STATE.] 
  9.21     If the number of petition signatures meets the minimum 
  9.22  number required, the secretary of state shall certify the 
  9.23  sufficiency of the petitions to the sponsor and all county 
  9.24  auditors.  The question of adoption of the law proposed by a 
  9.25  ballot measure proposed by the petition must then be placed on 
  9.26  the ballot for the state general election. 
  9.27     Sec. 14.  [3B.42] [PLACEMENT OF LAW ON BALLOT.] 
  9.28     If a petition has been certified so that a ballot measure 
  9.29  will appear on the ballot at the next state general election and 
  9.30  the legislature enacts a law with a scope and purpose similar to 
  9.31  that of the ballot measure during its regular session in that 
  9.32  state general election year, the legislature may place that law 
  9.33  on the ballot as well. 
  9.34     Sec. 15.  [3B.43] [NUMBERING OF BALLOT MEASURES.] 
  9.35     The secretary of state shall number in consecutive order 
  9.36  each initiative or referendum ballot measure with the wording 
 10.1   "INITIATIVE NUMBER ...." or "REFERENDUM NUMBER ...."  After the 
 10.2   effective date of this section, initiatives and referenda must 
 10.3   be numbered starting with the number one.  In subsequent years, 
 10.4   ballot measures must be numbered beginning with the first number 
 10.5   after the number of the last initiative or referendum at the 
 10.6   last state general election.  Their order on the ballot must be 
 10.7   assigned by the secretary of state. 
 10.8      Sec. 16.  [3B.44] [BALLOTS, VOTING, AND CANVASSING.] 
 10.9      For all ballot measures, the ballots must be prepared, 
 10.10  voting conducted, results canvassed, contests conducted, and 
 10.11  results certified as provided by chapters 200 to 211B. 
 10.12     Sec. 17.  [3B.45] [TIME OF VOTING.] 
 10.13     Ballot measures must be placed on the ballot only at a 
 10.14  state general election. 
 10.15     Sec. 18.  [3B.46] [SIMULTANEOUS PETITIONS FOR BALLOT 
 10.16  MEASURES.] 
 10.17     Nothing prevents multiple simultaneous petition drives 
 10.18  involving identical ballot measures by the same or a different 
 10.19  sponsor.  However, certification by the secretary of state of 
 10.20  the sufficiency of the signatures for one such measure 
 10.21  constitutes abandonment of the identical petition drives as of 
 10.22  the date of the secretary's certification. 
 10.23     Sec. 19.  [3B.47] [RESOLUTION OF CONFLICTS BETWEEN 
 10.24  MEASURES.] 
 10.25     Subdivision 1.  [CONFLICTING PETITIONS.] Nothing prevents 
 10.26  petitioning for measures which are apparently in substantial 
 10.27  conflict. 
 10.28     Subd. 2.  [NUMBER OF AFFIRMATIVE VOTES.] If two ballot 
 10.29  measures which substantially conflict are adopted by a vote of 
 10.30  the people, the one receiving the larger number of affirmative 
 10.31  votes is effective.  If it is finally determined that the 
 10.32  measures received an equal number of affirmative votes, neither 
 10.33  becomes effective, but they must again be placed on the ballot 
 10.34  at the next state general election.  Two or more measures 
 10.35  substantially conflict when any material provision in one 
 10.36  measure is irreconcilable with a material provision in another 
 11.1   measure.  The secretary of state shall determine whether two or 
 11.2   more measures substantially conflict. 
 11.3      Sec. 20.  [3B.48] [PUBLICATION.] 
 11.4      Ballot measures adopted by the people must be published by 
 11.5   the revisor of statutes in Laws of Minnesota and codified in the 
 11.6   same way as other laws. 
 11.7      Sec. 21.  [3B.49] [ORGANIZING GUIDE.] 
 11.8      The secretary of state shall prepare a comprehensive guide 
 11.9   to be made available to persons wishing to conduct an initiative 
 11.10  or referendum campaign. 
 11.11     Sec. 22.  [3B.50] [LITERATURE MUST INCLUDE NAMES.] 
 11.12     Any person or committee who causes to be published, issued, 
 11.13  posted, or circulated, other than in a newspaper as provided in 
 11.14  section 3B.53, any literature, campaign material, or 
 11.15  publication, including cards, pamphlets, flyers, signs, banners, 
 11.16  leaflets, announcements, or other material tending to influence 
 11.17  persons to sign or refuse to sign a ballot measure petition or 
 11.18  to influence the voting at an election on a ballot measure, that 
 11.19  fails to prominently display the name and mailing address of the 
 11.20  person or committee causing the material to be published, 
 11.21  issued, posted, circulated, or broadcast, is guilty of a 
 11.22  misdemeanor.  
 11.23     Sec. 23.  [3B.51] [PAID ADVERTISEMENTS IN NEWS.] 
 11.24     Subdivision 1.  [REQUIRED DISCLAIMER.] No publisher of a 
 11.25  newspaper, periodical, or magazine shall insert in that 
 11.26  newspaper, periodical, or magazine, and no radio or television 
 11.27  station shall broadcast, any matter paid or to be paid for which 
 11.28  tends or is intended to influence directly or indirectly persons 
 11.29  to sign or refuse to sign a ballot measure petition or voting at 
 11.30  an election on a ballot issue unless it is prominently indicated 
 11.31  that it is a paid advertisement. 
 11.32     Subd. 2.  [CHARGES ALLOWED.] To the extent that any person 
 11.33  sells either advertising space or broadcast time used on behalf 
 11.34  of any measure, the charges made must not exceed the charges 
 11.35  made for any other comparable purpose or use according to the 
 11.36  seller's rate schedule. 
 12.1      Sec. 24.  [3B.52] [DISCLOSURE TO CAMPAIGN FINANCE AND 
 12.2   PUBLIC DISCLOSURE BOARD.] 
 12.3      The sponsor of a ballot measure under this chapter must 
 12.4   register and file reports with the campaign finance and public 
 12.5   disclosure board on the same terms required of a political 
 12.6   committee as defined in section 10A.01, subdivision 27.  An 
 12.7   association or individual who makes expenditures expressly 
 12.8   advocating the approval or defeat of a ballot measure in 
 12.9   aggregate in excess of $100 in a year must file with the 
 12.10  campaign finance and public disclosure board a report containing 
 12.11  the information required by section 10A.20, subdivision 3. 
 12.12     Sec. 25.  [3B.53] [PROHIBITIONS.] 
 12.13     Subdivision 1.  [ACTS PROHIBITED.] No person may: 
 12.14     (1) be paid compensation for signing a ballot measure 
 12.15  petition; 
 12.16     (2) willfully refuse to file a statement of expenses 
 12.17  regarding a ballot measure when required by law; 
 12.18     (3) publish any literature, campaign material, or 
 12.19  publication including cards, pamphlets, flyers, signs, banners, 
 12.20  leaflets, announcements, or other material or any radio or 
 12.21  television broadcast regarding a ballot measure that does not 
 12.22  bear the identification required by law; 
 12.23     (4) publish in any newspaper, periodical, or magazine any 
 12.24  paid advertising matter relating to a ballot measure that does 
 12.25  not contain the identification required by law; 
 12.26     (5) file a petition for a ballot measure with the secretary 
 12.27  of state without the written authorization of the sponsor; 
 12.28     (6) induce a person to sign a petition by fraud, force, or 
 12.29  the threat of force; 
 12.30     (7) pay compensation for signing a ballot measure petition; 
 12.31     (8) publish or broadcast any information regarding a ballot 
 12.32  measure with knowledge that it is false and which tends to 
 12.33  substantially affect adoption or rejection of the measure when 
 12.34  the publication or broadcast is undertaken primarily for the 
 12.35  purpose of influencing adoption or rejection; 
 12.36     (9) sign a petition with a name other than the person's own 
 13.1   name; or 
 13.2      (10) intentionally sign the same petition more than once. 
 13.3      Subd. 2.  [PENALTY.] Any person violating any provision of 
 13.4   subdivision 1, clauses (1) to (5), is guilty of a misdemeanor.  
 13.5   Any person violating any provision of subdivision 1, clauses (6) 
 13.6   to (10), is guilty of a gross misdemeanor. 
 13.7      Sec. 26.  [3B.54] [ACTION BY AND NOTIFICATIONS TO 
 13.8   SPONSORS.] 
 13.9      Subdivision 1.  [AUTHORIZED FILERS.] Only the sponsor, or 
 13.10  those authorized by the sponsor in writing, may file any 
 13.11  required document or statement regarding ballot measure 
 13.12  petitions, measures, or campaigns including election contests or 
 13.13  petition signature count or validity contests. 
 13.14     Subd. 2.  [SUFFICIENCY OF AUTHORIZATION.] The signature of 
 13.15  the chair or a person authorized in writing by the chair is 
 13.16  sufficient to authorize the filing of any statement or document 
 13.17  required by law.  If the chair authorizes another person to file 
 13.18  any statement or document, a copy of the authorization must be 
 13.19  attached to the filed statement or document. 
 13.20     Subd. 3.  [RECIPIENTS OF NOTICE.] A notice required to be 
 13.21  given to the sponsor must be given to those persons in 
 13.22  subdivision 2 who may authorize any filing. 
 13.23     Sec. 27.  [3B.55] [JUDICIAL REVIEW.] 
 13.24     Subdivision 1.  [JURISDICTION.] The district court has 
 13.25  original jurisdiction of any suit involving: 
 13.26     (1) the sufficiency of the number or the validity of 
 13.27  signatures on petitions after the administrative determinations 
 13.28  by the secretary of state have been exhausted; 
 13.29     (2) resolution of conflicts between ballot measures as 
 13.30  provided by section 3B.49; or 
 13.31     (3) any suit alleging the unconstitutionality of an adopted 
 13.32  ballot measure. 
 13.33     Subd. 2.  [VENUE.] Venue for all suits and criminal 
 13.34  prosecutions involving ballot measures is in the district court 
 13.35  in Ramsey county. 
 13.36     Sec. 28.  [3B.56] [COPIES.] 
 14.1      The secretary of state shall provide the election officials 
 14.2   in each county with copies of each measure proposed by 
 14.3   initiative or referendum which must be made available to the 
 14.4   public. 
 14.5      Sec. 29.  Minnesota Statutes 2000, section 204C.19, 
 14.6   subdivision 2, is amended to read: 
 14.7      Subd. 2.  [BALLOTS; ORDER OF COUNTING.] Except as otherwise 
 14.8   provided in this subdivision, the ballot boxes shall be opened, 
 14.9   the votes counted, and the total declared one box at a time in 
 14.10  the following order:  the white box, the pink box, the violet 
 14.11  box, the canary box, the light green box, the blue box, the buff 
 14.12  box, the goldenrod box, the gray box, and then the other kinds 
 14.13  of ballots voted at the election.  If enough election judges are 
 14.14  available to provide counting teams of four or more election 
 14.15  judges for each box, more than one box may be opened and counted 
 14.16  at the same time.  The election judges on each counting team 
 14.17  shall be evenly divided between the major political parties.  
 14.18  The numbers entered on the summary sheet shall not be considered 
 14.19  final until the ballots in all the boxes have been counted and 
 14.20  corrections have been made if ballots have been deposited in the 
 14.21  wrong boxes. 
 14.22     Sec. 30.  Minnesota Statutes 2000, section 204C.27, is 
 14.23  amended to read: 
 14.24     204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 
 14.25     One or more of the election judges in each precinct shall 
 14.26  deliver two sets of summary statements; all spoiled white, pink, 
 14.27  violet, canary, and gray ballots; and the envelopes containing 
 14.28  the white, pink, canary, and gray ballots either directly to the 
 14.29  municipal clerk for transmittal to the county auditor's office 
 14.30  or directly to the county auditor's office as soon as possible 
 14.31  after the vote counting is completed but no later than 24 hours 
 14.32  after the end of the hours for voting.  One or more election 
 14.33  judges shall deliver the remaining set of summary statements and 
 14.34  returns, all unused and spoiled municipal and school district 
 14.35  ballots, the envelopes containing municipal and school district 
 14.36  ballots, and all other things furnished by the municipal or 
 15.1   school district clerk, to the municipal or school district 
 15.2   clerk's office within 24 hours after the end of the hours for 
 15.3   voting.  The municipal or school district clerk shall return all 
 15.4   polling place rosters and completed voter registration cards to 
 15.5   the county auditor within 48 hours after the end of the hours 
 15.6   for voting.  
 15.7      Sec. 31.  Minnesota Statutes 2000, section 204C.33, 
 15.8   subdivision 1, is amended to read: 
 15.9      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 15.10  board shall meet at the county auditor's office on or before the 
 15.11  seventh day following the state general election.  After taking 
 15.12  the oath of office, the board shall promptly and publicly 
 15.13  canvass the general election returns delivered to the county 
 15.14  auditor.  Upon completion of the canvass, the board shall 
 15.15  promptly prepare and file with the county auditor a report which 
 15.16  states:  
 15.17     (a) (1) the number of individuals voting at the election in 
 15.18  the county and in each precinct; 
 15.19     (b) (2) the number of individuals registering to vote on 
 15.20  election day and the number of individuals registered before 
 15.21  election day in each precinct; 
 15.22     (c) (3) the names of the candidates for each office and the 
 15.23  number of votes received by each candidate in the county and in 
 15.24  each precinct; 
 15.25     (d) (4) the number of votes counted for and against a 
 15.26  proposed change of county lines or county seat; and 
 15.27     (e) (5) the number of votes counted for and against a 
 15.28  constitutional amendment or other question in the county and in 
 15.29  each precinct; and 
 15.30     (6) the number of votes counted for and against each 
 15.31  initiative and referendum. 
 15.32     The result of write-in votes cast on the general election 
 15.33  ballots must be compiled by the county auditor before the county 
 15.34  canvass, except that write-in votes for a candidate for state or 
 15.35  federal office must not be counted unless the candidate has 
 15.36  timely filed a request under section 204B.09, subdivision 3.  
 16.1   The county auditor shall arrange for each municipality to 
 16.2   provide an adequate number of election judges to perform this 
 16.3   duty or the county auditor may appoint additional election 
 16.4   judges for this purpose.  The county auditor may open the 
 16.5   envelopes or containers in which the voted ballots have been 
 16.6   sealed in order to count and record the write-in votes and must 
 16.7   reseal the voted ballots at the conclusion of this process. 
 16.8      Upon completion of the canvass, the county canvassing board 
 16.9   shall declare the candidate duly elected who received the 
 16.10  highest number of votes for each county and state office voted 
 16.11  for only within the county.  The county auditor shall transmit 
 16.12  one of the certified copies of the county canvassing board 
 16.13  report for state and federal offices to the secretary of state 
 16.14  by express mail or similar service immediately upon conclusion 
 16.15  of the county canvass. 
 16.16     Sec. 32.  Minnesota Statutes 2000, section 204C.33, 
 16.17  subdivision 3, is amended to read: 
 16.18     Subd. 3.  [STATE CANVASS.] The state canvassing board shall 
 16.19  meet at the secretary of state's office on the second Tuesday 
 16.20  following the state general election to canvass the certified 
 16.21  copies of the county canvassing board reports received from the 
 16.22  county auditors and shall prepare a report that states: 
 16.23     (a) (1) the number of individuals voting in the state and 
 16.24  in each county; 
 16.25     (b) (2) the number of votes received by each of the 
 16.26  candidates, specifying the counties in which they were cast; and 
 16.27     (c) (3) the number of votes counted for and against each 
 16.28  constitutional amendment, specifying the counties in which they 
 16.29  were cast; and 
 16.30     (4) the number of votes counted for and against each 
 16.31  initiative and referendum. 
 16.32     All members of the state canvassing board shall sign the 
 16.33  report and certify its correctness.  The state canvassing board 
 16.34  shall declare the result within three days after completing the 
 16.35  canvass.  
 16.36     Sec. 33.  Minnesota Statutes 2000, section 204D.11, is 
 17.1   amended by adding a subdivision to read: 
 17.2      Subd. 3a.  [VIOLET BALLOT.] All initiative or referendum 
 17.3   ballot questions must be on one violet ballot.  The order of the 
 17.4   questions must be the order assigned under section 3B.44. 
 17.5      Sec. 34.  Minnesota Statutes 2000, section 204D.15, is 
 17.6   amended to read: 
 17.7      204D.15 [PINK BALLOT AND VIOLET BALLOTS; FORM; 
 17.8   DISTRIBUTION; SAMPLE BALLOT.] 
 17.9      Subdivision 1.  [TITLES FOR CONSTITUTIONAL AMENDMENTS.] The 
 17.10  secretary of state shall provide an appropriate title for each 
 17.11  question printed on the pink ballot and violet ballots.  The 
 17.12  title shall be approved by the attorney general, and shall 
 17.13  consist of not more than one printed line above the question to 
 17.14  which it refers.  At the top of the pink ballot just below the 
 17.15  heading, a conspicuous notice shall be printed stating that a 
 17.16  voter's failure to vote on a constitutional amendment has the 
 17.17  effect of a negative vote. 
 17.18     Subd. 3.  [SAMPLE PINK BALLOT AND VIOLET BALLOTS.] Four 
 17.19  weeks before the state general election the secretary of state 
 17.20  shall file sample copies of the pink ballot and violet ballots 
 17.21  in the secretary of state's office for public inspection.  Three 
 17.22  weeks before the state general election the secretary of state 
 17.23  shall mail sample copies of the pink ballot and violet ballots 
 17.24  to each county auditor.  Each auditor shall post the sample 
 17.25  ballot in a conspicuous place in the auditor's office.  
 17.26     Sec. 35.  Minnesota Statutes 2000, section 204D.16, is 
 17.27  amended to read: 
 17.28     204D.16 [SAMPLE GENERAL ELECTION BALLOTS; POSTING; 
 17.29  PUBLICATION.] 
 17.30     Two weeks before the state general election the county 
 17.31  auditor shall prepare sample copies of the white and canary 
 17.32  ballots and shall post copies of these sample ballots and a 
 17.33  sample of the pink ballot and violet ballots in the auditor's 
 17.34  office for public inspection.  No earlier than 15 days and no 
 17.35  later than two days before the state general election the county 
 17.36  auditor shall cause the sample white and canary ballots to be 
 18.1   published in at least one newspaper of general circulation in 
 18.2   the county. 
 18.3      Sec. 36.  Minnesota Statutes 2000, section 204D.165, is 
 18.4   amended to read: 
 18.5      204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 
 18.6      Notwithstanding any contrary provisions in section 204D.09 
 18.7   or 204D.16, the county auditor, two weeks before the applicable 
 18.8   primary or general election, shall provide one copy of the 
 18.9   sample partisan primary, nonpartisan primary, canary, white, or 
 18.10  pink, or violet ballot to a school district upon request.  The 
 18.11  school district may have the sample ballots reproduced at its 
 18.12  expense for classroom educational purposes and for educational 
 18.13  activities authorized under section 204B.27, subdivision 7. 
 18.14     Sec. 37.  [EFFECTIVE DATE.] 
 18.15     Sections 3 to 36 take effect the day after approval by the 
 18.16  people of the constitutional amendment proposed by section 1.