HF 1266

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

A bill for an act
relating to elections; limiting requirements for use of lists of election judges
prepared by major political parties; eliminating requirements for election judges
to initial ballots before use; amending Minnesota Statutes 2008, sections
204B.21, subdivision 2; 204C.09; 204C.13, subdivision 5; 204C.18, subdivision
2.

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

Section 1.

Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:

Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts
in a municipality shall be appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing election-related duties
assigned by the county auditor shall be appointed by the county board. Election judges for
a precinct composed of two or more municipalities must be appointed by the governing
body of the municipality or municipalities responsible for appointing election judges as
provided in the agreement to combine for election purposes. Except as otherwise provided
in this section, appointments shall be made from lists furnished pursuant to subdivision 1
subject to the eligibility requirements and other qualifications established or authorized
under section 204B.19. At least two election judges in each precinct must be affiliated
with different major political parties. If no lists have been furnished or if additional
election judges are required after all listed names new text begin of individuals who reside in the county
where a precinct is located new text end have been exhausted, the appointing authority may appoint
other individuals who meet the qualifications to serve as an election judge, including
persons who are not affiliated with a major political party. The appointments shall be
made at least 25 days before the election at which the election judges will serve.

Sec. 2.

Minnesota Statutes 2008, section 204C.09, is amended to read:

204C.09 BALLOT deleted text begin PREPARATION deleted text end new text begin DISTRIBUTION new text end BY ELECTION
JUDGES.

deleted text begin Subdivision 1. deleted text end

deleted text begin Initialing. deleted text end

deleted text begin Before the voting begins, or as soon as possible after it
begins, at least two election judges shall each initial the backs of all the ballots. The
election judges shall not otherwise mark the ballots.
deleted text end

Subd. 2.

Distribution procedure.

Official ballots shall be distributed only in the
room containing the voting booths and only to individuals who are about to vote, except as
otherwise provided in section 204C.15, subdivision 2. deleted text begin No official ballot shall be distributed
to a voter unless it has been initialed by the election judges as provided in subdivision 1. deleted text end

Sec. 3.

Minnesota Statutes 2008, section 204C.13, subdivision 5, is amended to read:

Subd. 5.

Deposit of ballots in ballot boxes.

The voter shall then withdraw from
the voting booth with the ballots and hand them to the election judge in charge of the
ballot boxes. That election judge shall immediately deposit each ballot in the proper box.
deleted text begin Ballots that have not been initialed by the election judges as provided in section 204C.09,
shall not be deposited in the ballot box. deleted text end

Sec. 4.

Minnesota Statutes 2008, section 204C.18, subdivision 2, is amended to read:

Subd. 2.

Ballots; identifying marks; penalty.

No voter, election judge, or other
individual shall place at any time a mark as a means of identification upon any ballot
handed to or cast by a voter or upon spoiled or discarded ballots deleted text begin , except the initials
authorized by section 204C.09 deleted text end . A violation of this subdivision is a gross misdemeanor.