HF 2775

as introduced - 89th Legislature (2015 - 2016) Posted on 05/17/2016 04:01pm

A bill for an act
relating to elections; authorizing local election officials to combine or relocate
polling places in an emergency; authorizing extension of polling place hours
when polling places are combined or moved on election day; amending
Minnesota Statutes 2014, sections 204B.14, subdivision 2; 204C.05, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing
Minnesota Statutes 2014, section 204B.17.

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

Section 1.

Minnesota Statutes 2014, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall
constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
May 1 of any year:

(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

(4) for noncontiguous precincts located in one or more counties.

new text begin Subject to the requirements of paragraph (c), a single, accessible, combined polling
place may be established after May 1 of any year in the event of an emergency.
new text end

A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than April 1 of any year.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

new text begin (c) If a local elections official determines that an emergency situation preventing
the safe, secure, and full operation of a polling place on election day has occurred or is
imminent, the local elections official may combine two or more polling places for that
election pursuant to this subdivision. To the extent possible, the polling places must
be combined and the election conducted according to the requirements of paragraph
(b), except that:
new text end

new text begin (1) polling places may be combined after May 1 and until the polls close on election
day;
new text end

new text begin (2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;
new text end

new text begin (3) the governing body is not required to adopt an ordinance or resolution to
establish the combined polling place;
new text end

new text begin (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;
new text end

new text begin (5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's Web
site, if one exists. The local elections official must also notify the election judges and
request that local media outlets publicly announce the reason for the combination and the
location of the combined polling place; and
new text end

new text begin (6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant
to section 204C.05, subdivision 2, paragraph (b), the posted notices required by this
paragraph must include a statement that the polling place hours at the combined polling
place will be extended until the specified time.
new text end

Sec. 2.

new text begin [204B.175] CHANGE OF POLLING PLACE IN AN EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin When an emergency occurs after the deadline to
designate a polling place pursuant to section 204B.16 but before the polls close on election
day, a new polling place may be designated for that election pursuant to this section. For
purposes of this section, an emergency is any situation that prevents the safe, secure, and
full operation of a polling place.
new text end

new text begin Subd. 2. new text end

new text begin Changing polling place. new text end

new text begin If a local election official determines that an
emergency has occurred or is imminent, the local election official must procure a polling
place that is as near the designated polling place as possible and that complies with the
requirements of section 204B.16, subdivisions 4 and 5. If it is not possible to locate a new
polling place in the precinct, the polling place may be located outside of the precinct
without regard to the distance limitations in section 204B.16, subdivision 1. The local
election official must certify to the appropriate governing body the expenses incurred
because of the change. These expenses shall be paid as part of the expenses of the election.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) Upon making the determination to relocate a polling place,
the local election official must immediately notify the county auditor and the secretary of
state. The notice must include the reason for the relocation and the reason for the location
of the new polling place. As soon as possible, the local election official must also post a
notice stating the reason for the relocation and the location of the new polling place. The
notice must also be posted on the Web site of the public body, if there is one. The local
election official must also notify the election judges and request that local media outlets
publicly announce the reason for the relocation and the location of the polling place.
new text end

new text begin (b) On election day, the local election official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the new polling place. The local election official must also post the notice,
if practical, in a location visible by voters who vote from their motor vehicles as provided
in section 204C.15, subdivision 2. If polling place hours are extended pursuant to section
204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must
include a statement that the polling place hours at the new polling place will be extended
until the specified time.
new text end

Sec. 3.

Minnesota Statutes 2014, section 204C.05, subdivision 2, is amended to read:

Subd. 2.

Voters in line at closing.

new text begin (a) new text end At or before the hour when voting is
scheduled to begin, the election judges shall agree upon the standard of time they will use
to determine when voting will begin and end. Voting shall not be allowed after the time
when it is scheduled to end, unless individuals are waiting in the polling place or waiting in
line at the door to register or to vote. The voting shall continue until those individuals have
been allowed to vote. No individual who comes to the polling place or to a line outside the
polling place after the time when voting is scheduled to end shall be allowed to vote.

new text begin (b) The local election official may extend polling place hours to accommodate
voters that would have been in line at the regular polling place if the polling place had not
been combined or moved on election day pursuant to section 204B.14, subdivision 2, or
204B.175. Polling place hours may be extended at the new polling place for one hour. The
local election official must immediately provide notice to the county auditor, secretary of
state, and election judges of the extension in polling place hours. The local election official
must also request that the local media outlets publicly announce the extended polling place
hours. Voters in the polling place or waiting in line at the door to register or to vote at the
end of the extended polling place hours shall be allowed to vote pursuant to paragraph (a).
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 204B.17, new text end new text begin is repealed.
new text end