HF 1011

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to elections; changing certain election administration provisions;
changing and clarifying certain election procedures, deadlines, and requirements;
amending Minnesota Statutes 2008, sections 201.016, subdivisions 1a, 2;
201.056; 201.061, subdivision 1; 201.11; 201.12; 201.13; 202A.14, subdivision
3; 203B.02, by adding a subdivision; 204B.09, subdivision 3; 204B.14,
subdivision 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18,
subdivision 1; 204B.27, subdivision 2; 204B.33; 204B.38; 204C.02; 204C.04,
subdivision 1; 204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 204C.13,
subdivision 2; 204C.15, subdivision 3; 204C.17; 204C.30, by adding a
subdivision; 204C.33, subdivision 1; 204C.37; 204D.04, subdivision 2; 204D.09,
subdivision 2; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivision 2; 205.13,
subdivisions 1, 2; 205.16, subdivisions 2, 3; 205A.03, subdivision 1; 205A.05,
subdivisions 1, 2; 205A.07, subdivision 2; 206.57, subdivision 6; 206.61,
subdivision 5; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.11, by
adding a subdivision; 211B.12; 412.02, subdivision 2a; 414.02, subdivision 4;
414.031, subdivision 6; 414.0325, subdivisions 1, 4; 414.033, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapters 204B; 204D;
205; 205A; repealing Minnesota Statutes 2008, sections 201.096; 206.805,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to
read:

Subd. 1a.

Violations; penalty.

(a) The county auditor shall mail a deleted text begin violation deleted text end notice
to any voter who the county auditor can determine has deleted text begin voted deleted text end new text begin : (1) provided the address at
which the voter maintains residence, but was allowed to vote new text end in a precinct other than the
precinct in which the voter maintains residence new text begin ; and (2) not voted in the wrong precinct
previously new text end . The notice must be in the form provided by the secretary of state.

new text begin (b) The county auditor shall mail a violation notice to any voter who otherwise voted
in a precinct in which the voter did not maintain residence on election day. new text end The county
auditor shall also change the status of the voter in the statewide registration system to
"challenged" and the voter shall be required to provide proof of residence to either the
county auditor or to the election judges in the voter's precinct before voting in the next
election. Any of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.

deleted text begin (b) deleted text end new text begin (c) new text end A voter who votes in a precinct other than the precinct in which the
voter maintains residence after receiving an initial violation notice as provided in this
subdivision is guilty of a petty misdemeanor.

deleted text begin (c) deleted text end new text begin (d) new text end A voter who votes in a precinct other than the precinct in which the voter
maintains residence after having been found to have committed a petty misdemeanor
under paragraph (b) is guilty of a misdemeanor.

deleted text begin (d) deleted text end new text begin (e) new text end Reliance by the voter on inaccurate information regarding the location of
the voter's polling place provided by the state, county, or municipality is an affirmative
defense to a prosecution under this subdivision.

Sec. 2.

Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:

Subd. 2.

Duration of residence.

The governing body of any city by resolution may
require an eligible voter to maintain residence in a precinct for a period of 30 days prior
to voting on any question affecting only that precinct or voting to elect public officials
representing only that precinct. The governing body of any town by resolution may
require an eligible voter to maintain residence in that town for a period of 30 days prior
to voting in a town election. The school board of any school district by resolution may
require an eligible voter to maintain residence in that school district for a period of 30 days
prior to voting in a school district election. new text begin If a political boundary, including a precinct,
municipal, or school district boundary, is redrawn within the 30 days prior to an election
in a manner that places an eligible voter in a new jurisdiction and the eligible voter has
not changed residence during the 30 days prior to the election, the eligible voter meets
any residency requirement imposed under this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2008, section 201.056, is amended to read:

201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.

An individual who is unable to write the individual's name shall be required to sign
a registration application in the manner provided by section 645.44, subdivision 14. If
the individual registers in person and signs by making a mark, the clerk or election judge
accepting the registration shall certify the mark by signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall be certified by
having a voter registered in the individual's precinct sign the individual's name and the
voter's own name and give the voter's own address. new text begin An individual who has power of
attorney for another person may not sign election-related documents for that person,
except as provided by this section.
new text end

Sec. 4.

Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person
or by mail to the county auditor of that county or to the Secretary of State's Office.
A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten new text begin business
new text end days after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 5.

Minnesota Statutes 2008, section 201.11, is amended to read:

201.11 PRECINCT BOUNDARIES new text begin ; HOUSE NUMBER; STREET
ADDRESSES new text end CHANGED, CHANGE OF FILES.

new text begin Subdivision 1. new text end

new text begin Precinct boundaries changed. new text end

When the boundaries of a precinct
are changed, the county auditor shall immediately update the voter records for that
precinct in the statewide new text begin voter new text end registration system to accurately reflect those changes.

new text begin Subd. 2. new text end

new text begin House number or street address changed. new text end

new text begin If a municipality
administratively changes the number or name of a street address of an existing residence,
the municipal clerk shall promptly notify the county auditor and the county auditor
shall immediately update the voter records of registered voters in the statewide voter
registration system to accurately reflect that change. A municipality must not make a
change to the number or name of a street address of an existing residence effective during
the 45 days prior to any election in a jurisdiction which includes the affected residence.
new text end

Sec. 6.

Minnesota Statutes 2008, section 201.12, is amended to read:

201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
CHALLENGES.

Subdivision 1.

Notice of registration.

To prevent fraudulent voting and to eliminate
excess names, the county auditor may mail to any registered voter a notice stating the
voter's name and address as they appear in the registration files. The notice shall request
the voter to notify the county auditor if there is any mistake in the information.

Subd. 2.

Moved within state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall deleted text begin notify deleted text end new text begin transmit a copy of the mailing to new text end the auditor of the county in which
the new address is located. deleted text begin Upon receipt of the notice, deleted text end new text begin If an election is scheduled to occur
in the precinct in which the voter resides in the next 47 days, new text end the county auditor shall
new text begin promptly new text end update the voter's address in the statewide new text begin voter new text end registration system deleted text begin and deleted text end new text begin . If there
is not an election scheduled, the auditor may wait to update the voter's address until after
the next list of address changes is received from the secretary of state. Once updated, the
county auditor shall new text end mail to the voter a notice stating the voter's name, address, precinct,
and polling place. The notice must advise the voter that the voter's voting address has
been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.

Subd. 3.

Moved out of state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide new text begin voter new text end registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. If the notice is
not received by the deadline, deleted text begin the county auditor shall change deleted text end the voter's status new text begin shall be
changed new text end to "inactive" in the statewide new text begin voter new text end registration system.

Subd. 4.

Challenges.

If any nonforwardable mailing from an election official
is returned as undeliverable but with no forwarding address, the county auditor shall
change the registrant's status to "challenged" in the statewide new text begin voter new text end registration system.
An individual challenged in accordance with this subdivision shall comply with the
provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
60 days after the return of the first nonforwardable mailing is also returned by the postal
service, the county auditor shall change the registrant's status to "inactive" in the statewide
new text begin voter new text end registration system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2008, section 201.13, is amended to read:

201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
RECORDS.

Subdivision 1.

Commissioner of health; reports of deceased residents.

Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
shall report monthly by electronic means to the secretary of state the name, address, date
of birth, and county of residence of each individual 18 years of age or older who has died
while maintaining residence in Minnesota since the last previous report. The secretary of
state shall determine if any of the persons listed in the report are registered to vote and
shall prepare a list of those registrants for each county auditor. Within 60 days after
receiving the list from the secretary of state, the county auditor shall change the status of
those registrants to "deceased" in the statewide new text begin voter new text end registration system.

Subd. 2.

Deceased nonresidents.

After receiving notice of death of a voter who has
died outside the county, the county auditor shall change the voter's status to "deceased."
Notice must be in the form of a printed obituary or a written statement signed by a
registered voter deleted text begin of the county deleted text end .

Subd. 3.

Use of change of address system.

(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who have
filed with the United States Postal Service a change of their permanent address. new text begin However,
the secretary of state shall not obtain this list within the 47 days before the state primary or
47 days before a November general election.
new text end

new text begin (b) new text end If the address is changed to another address in this state, the secretary of state
shall new text begin locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must new text end transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. new text begin As long as the voter has not voted or submitted
a voter registration application since the address change, new text end upon receipt of the information,
the county auditor shall update the voter's address in the statewide new text begin voter new text end registration
system deleted text begin and deleted text end new text begin . The county auditor shall new text end mail to the voter a notice stating the voter's name,
address, precinct, and polling place new text begin , unless the voter's record is challenged due to a felony
conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
rights of individuals under guardianship, in which case a notice shall not be mailed new text end . The
notice must advise the voter that the voter's voting address has been changed and that the
voter must notify the county auditor within 21 days if the new address is not the voter's
address of residence. The notice must state that it must be returned if it is not deliverable
to the voter at the named address.

deleted text begin (b) deleted text end new text begin (c) new text end If the change of permanent address is to an address outside this state, the
secretary of state shall notify by electronic means the auditor of the county where the voter
formerly resided that the voter has moved to another state. new text begin As long as the voter has not
voted or submitted a voter registration application since the address change, new text end the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the
voter that the voter's status in the statewide new text begin voter new text end registration system will be changed
to "inactive" unless the voter notifies the county auditor within 21 days that the voter
is retaining the former address as the voter's address of residence new text begin , except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship, a
notice must not be mailed new text end . If the notice is not received by the deadline, the county auditor
shall change the voter's status to "inactive" in the statewide new text begin voter new text end registration system.

Subd. 4.

Request for removal of voter record.

If a voter makes a written request
for removal of the voter's record, the county auditor shall remove the record of the voter
from the statewide new text begin voter new text end registration system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:

Subd. 3.

Notice.

The county or legislative district chair shall give at least six days'
published notice of the holding of the precinct caucus, stating the place, date, and time for
holding the caucus deleted text begin , and deleted text end new text begin . The state party chair new text end shall deliver the same information to the
deleted text begin municipal clerk and county auditor deleted text end new text begin secretary of state in an electronic format designated
by the secretary of state new text end at least deleted text begin 20 deleted text end new text begin 30 new text end days before the precinct caucus. The deleted text begin county
auditor deleted text end new text begin secretary of state new text end shall make this information available new text begin in electronic format via
the secretary of state Web site new text end at least ten days before the date of the caucuses deleted text begin to persons
who request it deleted text end .

Sec. 9.

Minnesota Statutes 2008, section 203B.02, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Persons who cannot write; power of attorney. new text end

new text begin An individual who is
unable to write the individual's name is required to sign election-related documents in
the manner provided by section 645.44, subdivision 14. An individual who has power
of attorney for another person may not sign election-related documents for that person,
except as provided by this section.
new text end

Sec. 10.

Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:

Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office
who wants write-in votes for the candidate to be counted must file a written request with
the filing office for the office sought no later than the seventh day before the general
election. The filing officer shall provide copies of the form to make the request.

(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential
election.

(c) A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.

new text begin (d) A candidate who files a request under this subdivision must also pay the filing
fee for that office or submit a petition in place of a filing fee, as provided in section
204B.11. The fee for a candidate for president of the United States is equal to that of
the office of senator in Congress.
new text end

Sec. 11.

Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:

Subd. 4.

new text begin Administrative new text end boundary change procedure.

Any change in the
boundary of an election precinct deleted text begin shall deleted text end new text begin must new text end be adopted at least 90 days before the date
of the next election and, for the state primary and general election, no later than June 1
in the year of the state general election. The precinct boundary change shall not take
effect until notice of the change has been posted in the office of the municipal clerk or
county auditor for at least 60 days.

The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.

Sec. 12.

Minnesota Statutes 2008, section 204B.14, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Municipal boundary adjustment procedure. new text end

new text begin Any change in the
boundary of an election precinct that has occurred as a result of a municipal boundary
adjustment made pursuant to chapter 414 which is effective more than 21 days preceding
any regularly scheduled election shall take effect at the scheduled election.
new text end

new text begin Any change in the boundary of an election precinct that has occurred as a result of
a municipal boundary adjustment made pursuant to chapter 414 which is effective less
than 21 days preceding any regularly scheduled election shall not take effect until the
day after the scheduled election.
new text end

Sec. 13.

Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:

Subdivision 1.

Authority; location.

The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by ordinance or
resolution a polling place for each election precinct. Polling places must be designated and
ballots must be distributed so that no one is required to go to more than one polling place
to vote in a school district and municipal election held on the same day. The polling place
for a precinct in a city deleted text begin or in a school district located in whole or in part in the metropolitan
area defined by section 200.02, subdivision 24, deleted text end shall be located within the boundaries of
the precinct or within one mile of one of those boundaries unless a single polling place
is designated for a city pursuant to section 204B.14, subdivision 2, or a school district
pursuant to section 205A.11. The polling place for a precinct in unorganized territory may
be located outside the precinct at a place which is convenient to the voters of the precinct.
If no suitable place is available within a town or within a school district located outside
the metropolitan area defined by section 200.02, subdivision 24, then the polling place for
a town or school district may be located outside the town or school district within five
miles of one of the boundaries of the town or school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2010.
new text end

Sec. 14.

Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:

Subdivision 1.

Booths; voting stations.

Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible
to vote in the precinct. Each booth or station must be at least six feet high, three feet
deep and two feet wide with a shelf at least two feet long and one foot wide placed at a
convenient height for writing. The booth or station shall permit the voter to vote privately
and independently. Each polling place must have at least one accessible voting booth
or other accessible voting station and beginning with federal and state elections held
after December 31, 2005, and county, municipal, and school district elections held after
December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
America Vote Act, Public Law 107-252. new text begin Local officials must make accessible voting
stations purchased with funds provided from the Help America Vote Act account available
to other local jurisdictions holding stand-alone elections. Local officials who purchased
the equipment may charge the other local jurisdictions for the costs of programming
the equipment, as well as a prorated cost of maintenance on the equipment. Any funds
received for use of the accessible voting equipment must be treated as program income
and deposited into the jurisdiction's Help America Vote Act account. new text end All booths or
stations must be constructed so that a voter is free from observation while marking ballots.
During the hours of voting, the booths or stations must have instructions, a pencil, and
other supplies needed to mark the ballots. A chair must be provided for elderly voters
and voters with disabilities to use while voting or waiting to vote. Stable flat writing
surfaces must also be made available to voters who are completing election-related forms.
All ballot boxes, voting booths, voting stations, and election judges must be in open
public view in the polling place.

Sec. 15.

Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:

Subd. 2.

Election law and instructions.

The secretary of state shall prepare and
publish a volume containing all state general laws relating to elections. The attorney
general shall provide annotations to the secretary of state for this volume. On or before
deleted text begin July deleted text end new text begin August new text end 1 of every deleted text begin even-numbered deleted text end new text begin odd-numbered new text end year the secretary of state shall
furnish to the county auditors and municipal clerks enough copies of this volume so that
each county auditor and municipal clerk will have at least one copy. new text begin On or before July 1
of every even-numbered year, the secretary of state shall prepare and make an electronic
copy available on the office's Web site. new text end The secretary of state may prepare and transmit
to the county auditors and municipal clerks detailed written instructions for complying
with election laws relating to the conduct of elections, conduct of voter registration and
voting procedures.

Sec. 16.

Minnesota Statutes 2008, section 204B.33, is amended to read:

204B.33 NOTICE OF FILING.

(a) Between June 1 and July 1 in each even-numbered year, the secretary of state
shall notify each county auditor of the offices to be voted for in that county at the next
state general election for which candidates file with the secretary of state. The notice shall
include the time and place of filing for those offices. Within ten days after notification by
the secretary of state, each county auditor shall notify each municipal clerk in the county
of all the offices to be voted for in the county at that election and the time and place for
filing for those offices. The county auditors and municipal clerks shall promptly post a
copy of that notice in their offices new text begin and post a notice of the offices that will be on the
ballot on their Web site new text end new text begin , if one is available new text end .

(b) At least two weeks before the first day to file an affidavit of candidacy, the
county auditor shall publish a notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the closing time for filing on the
last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.

Sec. 17.

new text begin [204B.335] ELECTION RESULTS REPORTING SYSTEM;
CANDIDATE FILING.
new text end

new text begin For state primary and general elections, the county auditor must enter the offices
and questions to be voted on in the county and the list of candidates for each office into
the election results reporting system provided by the secretary of state no later than 46
days prior to the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 18.

Minnesota Statutes 2008, section 204B.38, is amended to read:

204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.

When the similarity of surnames of two or more candidates for the same office
at the same election may cause confusion to voters new text begin because the candidates also have
similar first names new text end , up to three additional words may be printed on the ballot after each
surname to indicate the candidate's occupation, office, residence or any combination
of them if the candidate furnishes the identifying words to the filing officer by the last
day for withdrawal of candidacy.

Sec. 19.

Minnesota Statutes 2008, section 204C.02, is amended to read:

204C.02 APPLICATION.

This chapter applies to all elections held in this state except as otherwise provided
by law.

new text begin An individual who is unable to write the individual's name shall be required to sign
election-related documents in the manner provided by section 645.44, subdivision 14. An
individual who has power of attorney for another person may not sign election-related
documents for that person, except as provided by this section.
new text end

Sec. 20.

Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:

Subdivision 1.

Right to be absent.

Every employee who is eligible to vote in an
election has the right to be absent from work deleted text begin for the purpose of voting during the morning
of deleted text end new text begin for the time necessary to appear at the employee's polling place, cast a ballot, and return
to work on new text end the day of that election, without penalty or deduction from salary or wages
because of the absence. An employer or other person may not directly or indirectly refuse,
abridge, or interfere with this right or any other election right of an employee.

Sec. 21.

Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:

Subdivision 1.

Lingering near polling place.

An individual shall be allowed to go
to and from the polling place for the purpose of voting without unlawful interference. No
one except an election official or an individual who is waiting to register or to vote new text begin or a
representative of the press or an academic institution who is conducting exit polling new text end shall
stand within 100 feet of the building in which a polling place is located. new text begin "Exit polling" is
defined as approaching voters in a predetermined pattern as they leave the polling place
after they have voted and asking voters to fill out an anonymous questionnaire.
new text end

Sec. 22.

Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:

Subd. 1a.

Voter's Bill of Rights.

The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting deleted text begin during the
morning of deleted text end new text begin without reduction to your pay, personal leave, or vacation time on new text end election day.

(2) If you are in line at your polling place any time deleted text begin between 7:00 a.m. and deleted text end new text begin before new text end
8:00 p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.

(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right to vote.

(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to
influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the state primary in 2010 and
thereafter.
new text end

Sec. 23.

Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read:

Subd. 3.

Locking of ballot boxes.

Immediately before the time when voting is
scheduled to begin, one of the election judges shall open the ballot boxes in the presence
of the individuals assembled at the polling place, turn the boxes upside down to empty
them, lock them, and deliver the key to another election judge. new text begin Except as provided by
this subdivision, new text end the boxes shall not be reopened deleted text begin except to count the ballots deleted text end new text begin until new text end after
the hours for voting have ended and all voting has been concluded. The boxes shall be
kept in public view at all times during voting hours. After locking the ballot boxes, the
election judges shall proclaim that voting may begin, and shall post outside the polling
place conspicuous written or printed notices of the time when voting is scheduled to end.

new text begin Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges
of different major political parties may open the ballot boxes as needed to straighten the
ballots or remove voted ballots to prevent the boxes from becoming overfull. The election
judges shall not count or inspect the ballots.
new text end

new text begin If removing the ballots from the box, the election judges shall put the ballots into
containers and seal them. The judges shall put any ballots taken from the ballot box's
write-in compartment into containers separate from the other ballots and seal them. The
judges shall label the ballot containers and secure them.
new text end

new text begin The judges shall note on the incident report that the ballot box was opened, the
time the box was opened, and, if ballots were removed, the number of any seals used to
seal the ballot containers.
new text end

Sec. 24.

Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:

Subd. 2.

Voting booths.

One of the election judges shall explain to the voter the
proper method of marking and folding the ballots and, during a primary election, the effect
of attempting to vote in more than one party's primary. Except as otherwise provided in
section 204C.15, the voter shall retire alone to an unoccupied voting booth deleted text begin and deleted text end new text begin or, at the
voter's discretion, the voter may choose to use another writing surface. The voter shall
new text end mark the ballots without undue delay. The voter may take sample ballots into the booth to
assist in voting. The election judges may adopt and enforce reasonable rules governing the
amount of time a voter may spend in the voting booth marking ballots.

Sec. 25.

Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to read:

Subd. 3.

Voting lines.

In all polling places two election judges shall assist a
disabled voter to enter the polling place and go through the registration and voting lines.
new text begin The election judges must inform voters that a chair is available for use by an elderly or
disabled voter while voting or waiting in a voting line, and that an elderly or disabled
voter may request to be moved to the front of the line, or be provided other assistance as
appropriate, in the event waiting in the voting line would cause unreasonable physical
strain on the voter. new text end The voter may also request the assistance of election judges or any
other individual in marking ballots, as provided in subdivision 1.

Sec. 26.

Minnesota Statutes 2008, section 204C.17, is amended to read:

204C.17 VOTING; SECRECY.

Except as authorized by section 204C.15, a voter shall not reveal to anyone in the
polling place the name of any candidate for whom the voter intends to vote or has voted. A
voter shall not ask for or receive assistance in the marking of a ballot from anyone within
the polling place except as authorized by section 204C.15. If a voter, after marking a ballot,
shows it to anyone except as authorized by law new text begin or takes a picture of the voter's ballot new text end , the
election judges shall refuse to deposit the ballot in any ballot box and shall place it among
the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall
receive another ballot as provided in section 204C.13, subdivision 3, deleted text begin clause deleted text end new text begin paragraph new text end (d).

Sec. 27.

Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Election results reporting; state primary and general elections. new text end

new text begin For
state primary and general elections, the county auditor shall enter the votes in each
precinct for the questions and offices voted on into the election results reporting system
provided by the secretary of state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 28.

Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on or before the seventh day following the state general election.
After taking the oath of office, the board shall promptly and publicly canvass the general
election returns delivered to the county auditor. Upon completion of the canvass, the board
shall promptly prepare and file with the county auditor a report which states:

(a) the number of individuals voting at the election in the county and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) the names of the candidates for each office and the number of votes received
by each candidate in the county and in each precinct deleted text begin , including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallied deleted text end ;

(d) the number of votes counted for and against a proposed change of county lines
or county seat; and

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
new text begin federal, new text end state new text begin , new text end or deleted text begin federal deleted text end new text begin county new text end office must not be counted unless the candidate has timely
filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
for each municipality to provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election judges for this purpose. The
county auditor may open the envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must reseal the voted ballots at
the conclusion of this process. new text begin The county auditor must prepare a separate report of votes
received by precinct for write-in candidates for federal, state, and county offices who have
requested under section 204B.09 that votes for those candidates be tallied.
new text end

Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit deleted text begin one of the deleted text end new text begin a new text end
certified deleted text begin copies deleted text end new text begin copy new text end of the county canvassing board report for state and federal offices to
the secretary of state by new text begin messenger, new text end express mail new text begin , new text end or similar service immediately upon
conclusion of the county canvass.

Sec. 29.

Minnesota Statutes 2008, section 204C.37, is amended to read:

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.

deleted text begin Two copies deleted text end new text begin A copy new text end of the deleted text begin reports deleted text end new text begin report new text end required by sections 204C.32, subdivision
1, and 204C.33, subdivision 1, shall be certified under the official seal of the county
auditor. deleted text begin Each deleted text end new text begin The new text end copy shall be enclosed in an envelope addressed to the secretary
of state, with the county auditor's name and official address and the words "Election
Returns" endorsed on the envelope. The copy of the canvassing board report deleted text begin not sent by
express mail deleted text end and the precinct summary statements must be deleted text begin mailed deleted text end new text begin sent by express mail new text end
or delivered to the secretary of state. If deleted text begin neither deleted text end new text begin the new text end copy is new text begin not new text end received by the secretary
of state within ten days following the applicable election, the secretary of state shall
immediately notify the county auditor, who shall deliver another copy to the secretary of
state by special messenger.

Sec. 30.

Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:

Subd. 2.

Instructions to printer; printer's bond.

(a) The official charged with
the preparation and distribution of the ballots shall prepare instructions to the printer for
rotation of the names of candidates and for layout of the ballot.

(b) Except as provided in paragraph (c), the instructions shall be approved by the
legal advisor of the official before delivery to the printer.

(c) The legal advisor of a town official is not required to approve instructions
regarding the rotation of the names of candidates on the ballot or the layout of the ballot.

(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
shall furnish new text begin , if requested by the official, new text end a sufficient bond, letter of credit, or certified
check, acceptable to the official responsible for printing the ballots, conditioned on
printing the ballots in conformity with the Minnesota Election Law and the instructions
delivered. The official responsible for printing the ballots shall set the amount of the bond,
letter of credit, or certified check in an amount equal to the value of the purchase.

Sec. 31.

Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:

Subd. 2.

Sample ballot.

At least two weeks before the state primary the county
auditor shall prepare a sample state partisan primary ballot and a sample state and county
nonpartisan primary ballot for public inspection. The names of all of the candidates to
be voted for in the county shall be placed on the sample ballots, with the names of the
candidates for each office arranged deleted text begin alphabetically according to the surname deleted text end new text begin in the base
rotation as determined by section 206.61, subdivision 5 new text end . Only one sample state partisan
primary ballot and one sample state and county nonpartisan ballot shall be prepared for
any county. The county auditor shall post the sample ballots in a conspicuous place in the
auditor's office and shall cause them to be published at least one week before the state
primary in at least one newspaper of general circulation in the county.

Sec. 32.

Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:

Subd. 5.

Regular state primary.

"Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the
state general election; or

(b) a primary held deleted text begin four weeks before deleted text end new text begin on new text end the first Tuesday after the deleted text begin first deleted text end new text begin second new text end
Monday in deleted text begin November deleted text end new text begin September new text end of odd-numbered years.

Sec. 33.

Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:

Subd. 6.

Special election required; exception; when held.

Every vacancy shall be
filled for the remainder of the term by a special election held pursuant to this subdivision;
except that no special election shall be held in the year before the term expires.

The special election shall be held at the next November election if the vacancy
occurs at least deleted text begin six deleted text end new text begin nine new text end weeks before the regular state primary preceding that election. If
the vacancy occurs less than deleted text begin six deleted text end new text begin nine new text end weeks before the regular state primary preceding
the next November election, the special election shall be held at the second November
election after the vacancy occurs.

Sec. 34.

Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:

Subd. 8.

Notice of special election.

The secretary of state shall issue an official
notice of any special election required to be held pursuant to this section not later than
deleted text begin ten deleted text end new text begin 12 new text end weeks before the special primary, except that if the vacancy occurs deleted text begin ten deleted text end new text begin 12 new text end weeks or
less before the special primary, the secretary of state shall issue the notice no later than
two days after the vacancy occurs. The notice shall state the office to be filled, the opening
and closing dates for filing of candidacy and the dates of the special primary and special
election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
generally to special elections, this notice shall be used in place of the writ of the governor.

Sec. 35.

Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:

Subd. 9.

Filing by candidates.

The time for filing of affidavits and nominating
petitions for candidates to fill a vacancy at a special election shall open deleted text begin six deleted text end new text begin ten new text end weeks
before the special primary or on the day the secretary of state issues notice of the special
election, whichever occurs later. Filings shall close deleted text begin four deleted text end new text begin eight new text end weeks before the special
primary.

Sec. 36.

new text begin [204D.29] CONTINUITY OF CONGRESS.
new text end

new text begin Subdivision 1. new text end

new text begin In general. new text end

new text begin (a) If the speaker of the United States House of
Representatives announces that vacancies in the representation from the states in the
House of Representatives exceed 100 and one of those vacancies is in this state, the
governor shall issue a writ of election to fill such vacancy by special election.
new text end

new text begin (b) As used in this section, "speaker" means the speaker of the United States House
of Representatives.
new text end

new text begin Subd. 2. new text end

new text begin Timing of special election. new text end

new text begin A special election held under this section
to fill a vacancy shall take place not later than 49 days after the speaker announces
that the vacancy exists, unless, during the 75-day period which begins on the date of
the announcement of the vacancy:
new text end

new text begin (1) a regularly scheduled general election for the office involved is to be held; or
new text end

new text begin (2) another special election for the office involved is to be held, pursuant to a writ
for a special election issued by the governor prior to the date of the announcement of the
vacancy by the speaker.
new text end

new text begin Subd. 3. new text end

new text begin Nominations by parties. new text end

new text begin If a special election is to be held under this
section, the chairs of the political parties of the state shall, not later than ten days after the
speaker announces that the vacancy exists, certify to the secretary of state the name of
the person nominated to fill this vacancy.
new text end

new text begin Subd. 4. new text end

new text begin Nominating petitions. new text end

new text begin Other candidates must file an affidavit of candidacy
and a nominating petition under section 204B.07 not later than ten days after the speaker
announces that the vacancy exists.
new text end

new text begin Subd. 5. new text end

new text begin Protecting ability of absent military and overseas voters to participate
in special elections. new text end

new text begin (a) Deadline for transmittal of absentee ballots. In conducting
a special election held under this section to fill a vacancy in its representation, the state
shall ensure to the greatest extent practicable that absentee ballots for the election are
transmitted to voters who vote under the procedure outlined in sections 203B.16 to
203B.27 not later than 15 days after the speaker announces that the vacancy exists.
new text end

new text begin (b) Period for ballot transit time. Notwithstanding the other deadlines in this
section, in the case of voters who vote under the procedure outlined in sections 203B.16
to 203B.27, any otherwise valid ballot or other election material must be processed and
accepted so long as the ballot or other material is received by the county auditor not later
than 45 days after the ballot or other material was transmitted to the voter.
new text end

Sec. 37.

Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:

Subd. 2.

Resolution or ordinance.

The governing body of a city may, by ordinance
or resolution adopted at least deleted text begin three deleted text end new text begin six new text end months before the next municipal general election,
elect to choose nominees for municipal offices by a primary as provided in this section.
The resolution or ordinance, when adopted, is effective for all ensuing municipal elections
until it is revoked. The municipal clerk shall notify the secretary of state and the county
auditor within 30 days after the adoption of the resolution or ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38.

Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:

Subdivision 1.

Affidavit of candidacy.

An individual who is eligible and desires to
become a candidate for an office to be voted for at the municipal general election shall file
an affidavit of candidacy with the municipal clerk. new text begin Candidates for a special election to
fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
of candidacy for the specific office to fill the unexpired portion of the term. new text end Subject to
the approval of the county auditor, the town clerk may authorize candidates for township
offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
shall also accept an application signed by not less than five voters and filed on behalf of an
eligible voter in the municipality whom they desire to be a candidate, if service of a copy
of the application has been made on the candidate and proof of service is endorsed on the
application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
of the candidate on the official ballot without partisan designation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39.

Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:

Subd. 2.

Notice of filing dates.

At least two weeks before the first day to file
affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
dates on which affidavits of candidacy may be filed in the clerk's office and the closing
time for filing on the last day for filing. The clerk shall post a similar notice at least ten
days before the first day to file affidavits of candidacy. new text begin The notice must separately list
any office for which affidavits of candidacy may be filed to fill the unexpired portion
of a term when a special election is being held to fill a vacancy as provided in section
412.02, subdivision 2a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

new text begin [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE
FILING.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly scheduled municipal elections
held in an even-numbered year, the municipal clerk must provide the offices and questions
to be voted on in the municipality and the list of candidates for each office to the county
auditor for entry into the election results reporting system provided by the secretary of
state no later than 46 days prior to the election. Upon mutual agreement, the county auditor
may delegate the duty to enter the information into the system to the municipal clerk.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled municipal elections held in
an odd-numbered year, the county auditor and municipal clerk may mutually decide to use
the election reporting system for the election. If so, the county auditor must notify the
secretary of state of the intent to use the election reporting system at least 90 days before
the election, of who will be entering the data, and, if the municipal clerk will be entering
the data, that the office of the municipal clerk has the technological capacity to enter the
data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the
offices and questions to be voted on in the municipality and the list of candidates for each
office into the election results reporting system no later than 46 days prior to the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 41.

Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:

Subd. 2.

Sample ballot, publication.

For every municipal election, the municipal
clerk shall, at least deleted text begin one week deleted text end new text begin two weeks new text end before the election, publish a sample ballot in the
official newspaper of the municipality, except that the governing body of a fourth class
city or a town not located within a metropolitan county as defined in section 473.121
may dispense with publication.

Sec. 42.

Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:

Subd. 3.

Sample ballot, posting.

For every municipal election, the municipal
clerk shall at least deleted text begin four days deleted text end new text begin two weeks new text end before the election deleted text begin post deleted text end new text begin prepare new text end a sample ballot
new text begin for the municipality, make them available for public inspection new text end in the clerk's office deleted text begin for
public inspection deleted text end , and post a sample ballot in each polling place on election day.

Sec. 43.

new text begin [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
VOTES.
new text end

new text begin For regularly scheduled municipal elections held in November of an even-numbered
year, the county auditor shall enter the votes in each precinct for the questions and offices
voted on in the municipal election into the election results reporting system provided
by the secretary of state.
new text end

new text begin If a county auditor has notified the secretary of state of intent to use the election
results reporting system for a municipal election pursuant to section 205.135, subdivision
2, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in
each precinct for the offices and questions voted on in the municipality into the election
results reporting system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 44.

Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

Resolution requiring primary in certain circumstances.

The
school board of a school district may, by resolution adopted by June 1 of any year, decide
to choose nominees for school board by a primary as provided in this section. The
resolution, when adopted, is effective for all ensuing elections of board members in that
school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary. new text begin When a number equal to or less than
twice the number of individuals to be elected to a school board office file for nomination
for the office, the names of the candidates shall be placed upon the general election ballot.
new text end

Sec. 45.

new text begin [205A.045] SCHOOL DISTRICT TRANSITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Odd year to even. new text end

new text begin (a) The governing body of a school district
may change from an odd-numbered year election to an even-numbered year election by
adopting a resolution that contains an orderly plan for the transition. The resolution may
include a onetime, one-year extension of the term of each board member.
new text end

new text begin (b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end

new text begin Subd. 2. new text end

new text begin Even year to odd. new text end

new text begin (a) The governing body of a school district may change
from an even-numbered year election to an odd-numbered year election by adopting a
resolution that contains an orderly plan for the transition. The resolution may include a
onetime, one-year extension of the term of each board member.
new text end

new text begin (b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end

Sec. 46.

Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition of 50 or more voters of the school district or five
percent of the number of voters voting at the preceding school district general election,
whichever is greater, the school board shall by resolution call a special election to vote on
any matter requiring approval of the voters of a district. A question is carried only with
the majority in its favor required by law. The election officials for a special election are
the same as for the most recent school district general election unless changed according
to law. Otherwise, special elections must be conducted and the returns made in the
manner provided for the school district general election. A special election may not be
held during the deleted text begin 30 deleted text end new text begin 45 new text end days before and the deleted text begin 30 deleted text end new text begin 45 new text end days after the state primary, during the
deleted text begin 30 deleted text end new text begin 45 new text end days before and the 40 days after the state general election. In addition, a special
election may not be held during the 20 days before and the 20 days after any regularly
scheduled new text begin March new text end election new text begin or within 45 days before and the 30 days after any regularly
scheduled November election new text end of a municipality wholly or partially within the school
district. Notwithstanding any other law to the contrary, the time period in which a special
election must be conducted under any other law may be extended by the school board to
conform with the requirements of this subdivision.

Sec. 47.

Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:

Subd. 2.

Vacancies in school district offices.

Special elections shall be held in
school districts in conjunction with school district primary and general elections to fill
vacancies in elective school district offices. new text begin When filling multiple at-large vacancies at the
same election, the candidates shall file for the multiple seats of the same office, voters will
be instructed to "Vote for up to..." and the candidates receiving the most votes up to the
number to be elected will be elected to fill the vacancies.
new text end

Sec. 48.

Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:

Subd. 2.

Sample ballot, posting.

For every school district primary, general, or
special election, the school district clerk shall at least deleted text begin four days deleted text end new text begin two weeks new text end before the
primary, general, or special election, post a sample ballot in the administrative offices of
the school district for public inspection, and shall post a sample ballot in each polling
place on election day.

Sec. 49.

new text begin [205A.075] ELECTION RESULTS REPORTING SYSTEM;
CANDIDATE FILING.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly scheduled school district
elections held in an even-numbered year, the school district clerk must provide the offices
and questions to be voted on in the school district and the list of candidates for each office
to the county auditor for entry into the election results reporting system provided by the
secretary of state no later than 46 days prior to the election.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled school district elections
held in an odd-numbered year, the county auditor and school district clerk may mutually
decide to use the election reporting system for the election. If so, the county auditor must
notify the secretary of state of intent to use the election reporting system at least 90 days
before the election. The county auditor must enter the offices and questions to be voted
on in the school district and the list of candidates for each office into the election results
reporting system no later than 46 days prior to the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 50.

new text begin [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
VOTES.
new text end

new text begin For regularly scheduled school district elections held in an even-numbered year, the
county auditor shall enter the votes in each precinct for the questions and offices voted
on in the school district election into the election results reporting system provided by
the secretary of state.
new text end

new text begin If a county auditor has notified the secretary of state of intent to use the election
results reporting system for a school district election pursuant to section 205A.075,
subdivision 2, the county auditor must enter the votes in each precinct for the offices and
questions voted on in the school district into the election results reporting system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end

Sec. 51.

Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:

Subd. 6.

Required certification.

In addition to the requirements in subdivision
1, a voting system must be certified by an independent testing authority deleted text begin approved deleted text end new text begin
accredited new text end by the deleted text begin secretary of state and conform to current standards for voting equipment deleted text end new text begin
Election Assistance Commission at the time of submission of the application required by
subdivision 1 to be in conformity with voluntary voting system guidelines new text end issued by the
deleted text begin Federal Election Commission or its successor, deleted text end the Election Assistance Commission.
new text begin The application must be accompanied by the certification report of the voting systems
test laboratory. A certification under this section from an independent testing authority
accredited by the Election Assistance Commission meets the requirement of Minnesota
Rules, part 8220.0350, item L. new text end new text begin A vendor must provide a copy of the source code for the
voting system to the secretary of state. A chair of a major political party or the secretary of
state may select, in consultation with the vendor, an independent third-party evaluator to
examine the source code to ensure that it functions as represented by the vendor and that
the code is free from defects. A major political party that elects to have the source code
examined must pay for the examination. Except as provided by this subdivision, a source
code that is trade secret information must be treated as nonpublic information, according
to section 13.37. A third-party evaluator must not disclose the source code to anyone else.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 52.

Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name appears
on the machines or marking devices used in a municipality substantially an equal number
of times in the first, last, and in each intermediate place in the list or group in which they
belong. However, the arrangement of candidates' names must be the same on all voting
systems used in the same precinct. deleted text begin If the number of names to be alternated exceeds the
number of precincts deleted text end new text begin For state primary and state general elections new text end , the election official
responsible for providing the ballots, in accordance with subdivision 1, shall determine
deleted text begin by lot the alternation of names deleted text end new text begin the base rotation of candidate names by assigning the
initial order of the candidates' names by random generation using the statewide election
reporting system new text end .

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision.

Sec. 53.

Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:

Subd. 2.

Information required.

The report to be filed by a candidate or committee
must include:

(1) the name of the candidate or ballot question;

(2) the printed name, address, telephone number, signature, and e-mail address, if
available, of the person responsible for filing the report;

(3) new text begin the total cash on hand;
new text end

new text begin (4) new text end the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;

deleted text begin (4) deleted text end new text begin (5) new text end the amount, date, and purpose for each expenditure; and

deleted text begin (5) deleted text end new text begin (6) new text end the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in
the aggregate exceed $100, and the amount and date of each contribution. The filing
officer must restrict public access to the address of any individual who has made a
contribution that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the financial report
is required for the safety of the individual or the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2010.
new text end

Sec. 54.

Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:

Subd. 2.

Notice of failure to file.

If a candidate or committee new text begin has filed an initial
report, but new text end fails to file a new text begin subsequent new text end report on the date it is due, the filing officer shall
immediately notify the candidate or committee of the failure to file. If a report is not filed
within ten days after the notification is mailed, the filing officer shall file a complaint
under section 211B.32.

Sec. 55.

Minnesota Statutes 2008, section 211B.11, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Labels prohibited. new text end

new text begin Write-in candidates must not distribute labels to
voters to be affixed to optical scan ballots in precincts in which ballots are tabulated by
precinct or central count optical scan tabulators. A violation of this subdivision by a
candidate is subject to a civil penalty of up to $5,000 per precinct in the district. The civil
penalty is payable to the jurisdiction that owns the ballot tabulators for use in election
equipment repair and maintenance. Notwithstanding section 211B.37, the costs of a
complaint alleging a violation of this subdivision shall be assessed against the candidate.
new text end

Sec. 56.

Minnesota Statutes 2008, section 211B.12, is amended to read:

211B.12 LEGAL EXPENDITURES.

Use of money collected for political purposes is prohibited unless the use is
reasonably related to the conduct of election campaigns, or is a noncampaign disbursement
as defined in section 10A.01, subdivision 26. The following are permitted expenditures
when made for political purposes:

(1) salaries, wages, and fees;

(2) communications, mailing, transportation, and travel;

(3) campaign advertising;

(4) printing;

(5) office and other space and necessary equipment, furnishings, and incidental
supplies;

(6) charitable contributions of not more than $100 to any charity organized
under section 501(c)(3) of the Internal Revenue Code annually, except that the amount
contributed by a principal campaign committee new text begin or from the campaign fund of a candidate
for political subdivision office new text end that dissolves within one year after the contribution is made
is not limited by this clause; and

(7) other expenses, not included in clauses (1) to (6), that are reasonably related to
the conduct of election campaigns. In addition, expenditures made for the purpose of
providing information to constituents, whether or not related to the conduct of an election,
are permitted expenses. Money collected for political purposes and assets of a political
committee or political fund may not be converted to personal use.

Sec. 57.

Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:

Subd. 2a.

Vacancy.

Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment.

new text begin (1) new text end If the vacancy occurs before the first day to file affidavits of candidacy for
the next regular city election and more than two years remain in the unexpired term, a
special election shall be held at or before the next regular city election and the appointed
person shall serve until the qualification of a successor elected at a special election to fill
the unexpired portion of the term. new text begin The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election. If, because of a vacancy, more than one
council member is to be chosen at the same election, candidates for council member shall
file for either a two-year or a four-year term. If more than one candidate is to be elected
for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the
number of candidates to be elected for the two-year or four-year term.
new text end

new text begin (2) new text end If the vacancy occurs on or after the first day to file affidavits of candidacy for
the regular city election or when less than two years remain in the unexpired term, there
need not be a special election to fill the vacancy and the appointed person shall serve
until the qualification of a successor. deleted text begin The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election.
deleted text end

Sec. 58.

Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:

Subd. 4.

Effective date of incorporation.

The incorporation shall be effective upon
the election and qualification of new municipal officers or on such later date as is fixed by
the director's order. new text begin The effective date must not fall within the 21 days before a regularly
scheduled election. Failure to comply with the provisions of this subdivision with respect
to regularly scheduled elections, or to set the right effective date in relation to regularly
scheduled elections, does not invalidate the annexation.
new text end

Sec. 59.

Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:

Subd. 6.

Effective date of annexation.

The annexation shall be effective as of the
date fixed in the annexation order or on a later date fixed in the annexation order. new text begin The
effective date must not fall within the 21 days before a regularly scheduled election.
Failure to comply with the provisions of this subdivision with respect to regularly
scheduled elections, or to set the right effective date in relation to regularly scheduled
elections, does not invalidate the annexation.
new text end

Sec. 60.

Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to read:

Subdivision 1.

Initiating the proceeding.

(a) One or more townships and one or
more municipalities, by joint resolution, may designate an unincorporated area as in
need of orderly annexation. One or more municipalities, by joint resolution with the
county, may designate an unincorporated area in which there is no organized township
government as in need of orderly annexation.

(b) A designated area is any area which the signatories to a joint resolution for
orderly annexation have identified as being appropriate for annexation, either currently
or at some point in the future, pursuant to the negotiated terms and conditions set forth
in the joint resolution. Land described as a designated area is not, by virtue of being so
described, considered also to be annexed for purposes of this chapter.

(c) The joint resolution will confer jurisdiction on the chief administrative law judge
over annexations in the designated area and over the various provisions in said agreement
by submission of said joint resolution to the chief administrative law judge.

(d) The resolution shall include a description of the designated area and the reasons
for designation.

(e) Thereafter, an annexation of any part of the designated area may be initiated by:

(1) submitting to the chief administrative law judge a resolution of any signatory
to the joint resolution; or

(2) the chief administrative law judge.

(f) Whenever a state agency, other than the pollution control agency, orders a
municipality to extend a municipal service to an area, the order confers jurisdiction on the
chief administrative law judge to consider designation of the area for orderly annexation.

(g) If a joint resolution designates an area as in need of orderly annexation and states
that no alteration of its stated boundaries is appropriate, the chief administrative law judge
may review and comment, but may not alter the boundaries.

(h) If a joint resolution designates an area as in need of orderly annexation, provides
for the conditions for its annexation, and states that no consideration by the chief
administrative law judge is necessary, the chief administrative law judge may review and
comment, but shall, within 30 days, order the annexation in accordance with the terms of
the resolution. new text begin A joint resolution filed within the 51 days before a regularly scheduled
election must provide in the conditions for its annexation that the annexation will not be
effective until the day after the regularly scheduled election. Failure to comply with the
provisions of this subdivision with respect to regularly scheduled elections, or to set
the right effective date in relation to regularly scheduled elections, does not invalidate
the annexation.
new text end

Sec. 61.

Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read:

Subd. 4.

Effective date of annexation.

The chief administrative law judge's order
shall be effective upon the issuance of the order or at such later time as is provided in the
order. new text begin The effective date must not fall within the 21 days before a regularly scheduled
election. Failure to comply with the provisions of this subdivision with respect to regularly
scheduled elections, or to set the right effective date in relation to regularly scheduled
elections, does not invalidate the annexation.
new text end

Sec. 62.

Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:

Subd. 7.

Filing; effective date; copy to auditors.

Any annexation ordinance
provided for in this section must be filed with the chief administrative law judge, the
township, the county auditor and the secretary of state and is final on the date the
ordinance is approved by the chief administrative law judge new text begin , except that an ordinance
approved within the 21 days before a regularly scheduled election is not effective until
the day after the regularly scheduled election new text end . A copy of the annexation ordinance must
be delivered immediately by the governing body of the municipality to the appropriate
county auditors. new text begin Failure to comply with the provisions of this subdivision with respect
to regularly scheduled elections, or to set the right effective date in relation to regularly
scheduled elections, does not invalidate the annexation.
new text end

Sec. 63. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, new text end new text begin are repealed.
new text end