1.1 A bill for an act
1.2 relating to elections; changing certain deadlines,
1.3 procedures, requirements, and provisions;
1.4 appropriating money; amending Minnesota Statutes 2002,
1.5 sections 5.08; 15.0597, subdivisions 2, 3, 4, 5, 6, 7;
1.6 15.0599, subdivision 4; 126C.17, subdivision 9;
1.7 201.061, subdivision 3; 201.071, subdivision 3;
1.8 201.161; 201.1611, subdivision 1; 201.171; 201.221,
1.9 subdivision 3; 201.275; 202A.14, subdivision 3;
1.10 203B.085; 203B.11, subdivision 1; 203B.125; 204B.06,
1.11 subdivision 1; 204B.07, subdivision 2; 204B.09,
1.12 subdivisions 1, 3; 204B.13, subdivision 6; 204B.14,
1.13 subdivision 2; 204B.16, subdivision 3; 204B.18,
1.14 subdivision 1; 204B.19, subdivisions 1, 6, by adding a
1.15 subdivision; 204B.21, subdivisions 1, 2; 204B.22, by
1.16 adding a subdivision; 204B.34, subdivision 3; 204B.36,
1.17 subdivision 4; 204B.41; 204C.06, by adding a
1.18 subdivision; 204C.10; 204C.12, subdivision 4; 204C.15,
1.19 subdivision 1; 204C.20, subdivision 2; 204C.28,
1.20 subdivision 1; 204C.33, subdivision 1; 204C.35, by
1.21 adding a subdivision; 204C.36, subdivisions 1, 3, by
1.22 adding a subdivision; 204C.361; 204D.14, by adding a
1.23 subdivision; 204D.27, subdivision 11; 205.02,
1.24 subdivision 1; 205.075, by adding a subdivision;
1.25 205.16, subdivision 4, by adding a subdivision;
1.26 205.185, subdivisions 2, 3; 205A.02; 205A.07,
1.27 subdivision 3, by adding a subdivision; 206.58,
1.28 subdivision 1; 206.81; 206.90, subdivision 6; 211A.02,
1.29 by adding a subdivision; 351.01, subdivision 4;
1.30 365.51, subdivision 3; 367.12; 375.101, subdivision 1;
1.31 414.041, subdivision 1; 447.32, subdivisions 3, 4;
1.32 proposing coding for new law in Minnesota Statutes,
1.33 chapters 5; 204D.
1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.35 Section 1. Minnesota Statutes 2002, section 5.08, is
1.36 amended to read:
1.37 5.08 [LEGISLATIVE MANUAL.]
1.38 Subdivision 1. [PREPARATION.] The secretary of state shall
1.39 prepare, compile, edit, and distribute for use at each regular
2.1 legislative session, a convenient manual, properly indexed, and
2.2 containing: The federal and state constitutions; the acts of
2.3 Congress relating to the organization of the territory and
2.4 state; the rules of order and joint rules of the two houses, and
2.5 lists of their members, committees and employees; the names of
2.6 all state officials, whether elected or appointed, and of all
2.7 persons holding office from this state under the national
2.8 government, including postmasters appointed by the president;
2.9 the places where the said several officials reside, and the
2.10 annual compensation of each; and statistical and other
2.11 information of the kind heretofore published in the legislative
2.12 manuals.
2.13 Subd. 2. [DISTRIBUTION.] 15,000 10,000 copies of the
2.14 legislative manual shall be printed and distributed as follows:
2.15 (1) up to 25 20 copies shall be available to each member of
2.16 the legislature on request;
2.17 (2) 50 copies to the state historical society;
2.18 (3) 25 copies to the state university;
2.19 (4) 60 copies to the state library;
2.20 (5) two copies each to the Library of Congress,; the
2.21 Minnesota veterans home, homes; the state universities,; the
2.22 state high schools, the public academies, seminaries, and
2.23 colleges of the state,; and the free public libraries of the
2.24 state;
2.25 (6) one copy each to other state institutions, the elective
2.26 state officials, the appointed heads of departments, the
2.27 officers and employees of the legislature, the justices of the
2.28 supreme court, the judges of the court of appeals and the
2.29 district court, the senators and representatives in Congress
2.30 from this state, and the county auditors, recorders, and county
2.31 attorneys;
2.32 (7) one copy to each public school, to be distributed
2.33 through the superintendent of each school district; and
2.34 (8) the remainder may be disposed of as the secretary of
2.35 state deems best.
2.36 Sec. 2. [5.30] [VOTING INTEGRITY AND VOTER ACCESS
3.1 ACCOUNT.]
3.2 Subdivision 1. [ESTABLISHMENT.] The voting integrity and
3.3 voter access account is established as an account in the state
3.4 treasury. Funds received from the federal government under the
3.5 Help America Vote Act, Public Law 107-252, must be deposited in
3.6 the state treasury and credited to the voting integrity and
3.7 voter access account. Funds appropriated by the legislature
3.8 pursuant to the matching requirement of section 253(b)(5) of the
3.9 Help America Vote Act, Public Law 107-252, must also be credited
3.10 to this account. Notwithstanding any law to the contrary, the
3.11 account is defined to meet the requirements of section 254(b) of
3.12 the Help America Vote Act, Public Law 107-252.
3.13 Subd. 2. [APPROPRIATION.] Money in the voting integrity
3.14 and voter access account is appropriated to the secretary of
3.15 state for election administration improvement purposes that are
3.16 consistent with the Help America Vote Act, Public Law 107-252,
3.17 and the state plan certified by the governor pursuant to that
3.18 act, and for reporting and administrative requirements under
3.19 that act and plan. Federal money in this account may be carried
3.20 over from fiscal year to fiscal year.
3.21 Subd. 3. [ACCOUNT PURPOSES.] Money in the voting integrity
3.22 and voter access account must be used in a manner that is
3.23 consistent with the maintenance of effort requirements of
3.24 section 254(a)(7) of the Help America Vote Act, Public Law
3.25 107-252. Maintenance of effort is based on state expenditures
3.26 for the fiscal year ending June 30, 2000.
3.27 Subd. 4. [REPORTS.] The secretary of state must send a
3.28 copy of the report required by section 258 of the Help America
3.29 Vote Act, Public Law 107-252, to the chairs of the finance
3.30 committees in the house of representatives and the senate having
3.31 jurisdiction over the budget of the office of the secretary of
3.32 state.
3.33 Subd. 5. [LEGISLATURE NOT BOUND.] Receipt of federal funds
3.34 under this section does not bind the legislature to make future
3.35 appropriations.
3.36 [EFFECTIVE DATE.] This section is effective retroactively
4.1 to the full extent permitted by the Help America Vote Act,
4.2 Public Law 107-252.
4.3 Sec. 3. [5.31] [SURVEYS.]
4.4 The secretary of state is authorized to conduct surveys and
4.5 other research related to elections. County auditors and
4.6 municipal clerks shall respond to surveys sent to them within
4.7 two weeks of receipt.
4.8 Sec. 4. Minnesota Statutes 2002, section 15.0597,
4.9 subdivision 2, is amended to read:
4.10 Subd. 2. [COLLECTION OF DATA.] The chair of an existing
4.11 agency or the chair's designee, or the appointing authority for
4.12 the members of a newly created agency, shall provide the
4.13 secretary, on forms in an electronic format prepared and
4.14 distributed by the secretary, with the following data pertaining
4.15 to that agency:
4.16 (1) the name of the agency, its mailing address, and
4.17 telephone number;
4.18 (2) the legal authority for the creation of the agency and
4.19 the name of the person appointing agency members;
4.20 (3) the powers and duties of the agency;
4.21 (4) the number of authorized members, together with any
4.22 prescribed restrictions on eligibility such as employment
4.23 experience or geographical representation;
4.24 (5) the dates of commencement and expiration of the
4.25 membership terms and the expiration date of the agency, if any;
4.26 (6) the compensation of members, and appropriations or
4.27 other funds available to the agency;
4.28 (7) the regular meeting schedule, if any, and approximate
4.29 number of hours per month of meetings or other activities
4.30 required of members;
4.31 (8) the roster of current members, including mailing
4.32 addresses, electronic mail addresses, and telephone numbers; and
4.33 (9) a breakdown of the membership showing distribution by
4.34 county, legislative district, and congressional district, and,
4.35 only if the member has voluntarily supplied the information, the
4.36 sex, political party preference or lack of party preference,
5.1 race, and national origin of the members.
5.2 The secretary may provide for require the submission of
5.3 data in accordance with this subdivision by electronic means.
5.4 The publication requirement under clause (8) may be met by
5.5 publishing a member's home or business address and telephone
5.6 number, the address and telephone number of the agency to which
5.7 the member is appointed, the member's electronic mail address,
5.8 if provided, or any other information that would enable the
5.9 public to communicate with the member.
5.10 Sec. 5. Minnesota Statutes 2002, section 15.0597,
5.11 subdivision 3, is amended to read:
5.12 Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of
5.13 state shall provide for annual updating of the required data and
5.14 shall annually arrange for the publication in the state register
5.15 on the Web site of the secretary of state of the compiled data
5.16 from all agencies on or about October 15 of each year. Copies
5.17 of The compilation must be electronically delivered to the
5.18 governor and the legislature. Paper copies of the compilation
5.19 must be made available by the secretary to any interested person
5.20 at cost, and copies must be available for viewing by interested
5.21 persons. The chair of an agency who does not submit data
5.22 required by this section or who does not notify the secretary of
5.23 a vacancy in the agency, is not eligible for a per diem or
5.24 expenses in connection with agency service until December 1 of
5.25 the following year.
5.26 Sec. 6. Minnesota Statutes 2002, section 15.0597,
5.27 subdivision 4, is amended to read:
5.28 Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing
5.29 agency, shall notify the secretary by electronic means of a
5.30 vacancy scheduled to occur in the agency as a result of the
5.31 expiration of membership terms at least 45 days before the
5.32 vacancy occurs. The chair of an existing agency shall
5.33 give written electronic notification to the secretary of each
5.34 vacancy occurring as a result of newly created agency positions
5.35 and of every other vacancy occurring for any reason other than
5.36 the expiration of membership terms as soon as possible upon
6.1 learning of the vacancy and in any case within 15 days after the
6.2 occurrence of the vacancy. The appointing authority for newly
6.3 created agencies shall give written electronic notification to
6.4 the secretary of all vacancies in the new agency within 15 days
6.5 after the creation of the agency. The secretary may provide for
6.6 require the submission of notices required by this subdivision
6.7 by electronic means. The secretary shall publish monthly in the
6.8 State Register on the Web site of the secretary of state a list
6.9 of all vacancies of which the secretary has been so notified.
6.10 Only one notice of a vacancy shall be so published, unless the
6.11 appointing authority rejects all applicants and requests the
6.12 secretary to republish the notice of vacancy. One copy of the
6.13 listing shall be made available at the office of the secretary
6.14 to any interested person. The secretary shall distribute by
6.15 mail or electronic means copies of the listings to requesting
6.16 persons. The listing for all vacancies scheduled to occur in
6.17 the month of January shall be published in the State Register on
6.18 the Web site of the secretary of state together with the
6.19 compilation of agency data required to be published pursuant to
6.20 subdivision 3.
6.21 If a vacancy occurs within three months after an
6.22 appointment is made to fill a regularly scheduled vacancy, the
6.23 appointing authority may, upon notification by electronic means
6.24 to the secretary, fill the vacancy by appointment from the list
6.25 of persons submitting applications to fill the regularly
6.26 scheduled vacancy.
6.27 Sec. 7. Minnesota Statutes 2002, section 15.0597,
6.28 subdivision 5, is amended to read:
6.29 Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make
6.30 a self-nomination for appointment to an agency vacancy by
6.31 completing an application on a form prepared and distributed by
6.32 the secretary. The secretary may provide for the submission of
6.33 the application by electronic means. Any person or group of
6.34 persons may, on the prescribed application form, nominate
6.35 another person to be appointed to a vacancy so long as the
6.36 person so nominated consents in writing on the application form
7.1 to the nomination. The application form shall specify the
7.2 nominee's name, mailing address, electronic mail address,
7.3 telephone number, preferred agency position sought, a statement
7.4 that the nominee satisfies any legally prescribed
7.5 qualifications, a statement whether the applicant has ever been
7.6 convicted of a felony and any other information the nominating
7.7 person feels would be helpful to the appointing authority. The
7.8 nominating person has the option of indicating the nominee's
7.9 sex, political party preference or lack thereof, status with
7.10 regard to disability, race, and national origin on the
7.11 application form. The application form shall make the option
7.12 known. If a person submits an application at the suggestion of
7.13 an appointing authority, the person shall so indicate on the
7.14 application form. Twenty-one days after publication of a
7.15 vacancy in the State Register on the Web site of the secretary
7.16 of state pursuant to subdivision 4, the secretary shall
7.17 submit electronic copies of all applications received for a
7.18 position to the appointing authority charged with filling the
7.19 vacancy. If no applications have been received by the secretary
7.20 for the vacant position by the date when electronic copies must
7.21 be submitted to the appointing authority, the secretary shall so
7.22 inform the appointing authority. Applications received by the
7.23 secretary shall be deemed to have expired one year after receipt
7.24 of the application. An application for a particular agency
7.25 position shall be deemed to be an application for all vacancies
7.26 in that agency occurring prior to the expiration of the
7.27 application and shall be public information.
7.28 Sec. 8. Minnesota Statutes 2002, section 15.0597,
7.29 subdivision 6, is amended to read:
7.30 Subd. 6. [APPOINTMENTS.] In making an appointment to a
7.31 vacant agency position, the appointing authority shall consider
7.32 applications for positions in that agency supplied by the
7.33 secretary. No appointing authority may appoint someone to a
7.34 vacant agency position until (1) ten days after receipt of the
7.35 applications for positions in that agency from the secretary or
7.36 (2) receipt of notice from the secretary that no applications
8.1 have been received for vacant positions in that agency. At
8.2 least five days before the date of appointment, the appointing
8.3 authority shall issue a public announcement and inform the
8.4 secretary in writing by electronic means of the name of the
8.5 person the appointing authority intends to appoint to fill the
8.6 agency vacancy and the expiration date of that person's term.
8.7 If the appointing authority intends to appoint a person other
8.8 than one for whom an application was submitted pursuant to this
8.9 section, the appointing authority shall complete an application
8.10 form on behalf of the appointee and submit it to the secretary
8.11 indicating on the application that it is submitted by the
8.12 appointing authority.
8.13 Sec. 9. Minnesota Statutes 2002, section 15.0597,
8.14 subdivision 7, is amended to read:
8.15 Subd. 7. [REPORT.] Together with the compilation required
8.16 in subdivision 3, the secretary shall annually deliver to the
8.17 governor and the legislature a report in electronic format
8.18 containing the following information:
8.19 (1) the number of vacancies occurring in the preceding
8.20 year;
8.21 (2) the number of vacancies occurring as a result of
8.22 scheduled ends of terms, unscheduled vacancies and the creation
8.23 of new positions;
8.24 (3) breakdowns by county, legislative district, and
8.25 congressional district, and, if known, the sex, political party
8.26 preference or lack thereof, status with regard to disability,
8.27 race, and national origin, for members whose agency membership
8.28 terminated during the year and appointees to the vacant
8.29 positions; and
8.30 (4) the number of vacancies filled from applications
8.31 submitted by (i) the appointing authorities for the positions
8.32 filled, (ii) nominating persons and self-nominees who submitted
8.33 applications at the suggestion of appointing authorities, and
8.34 (iii) all others.
8.35 Sec. 10. Minnesota Statutes 2002, section 15.0599,
8.36 subdivision 4, is amended to read:
9.1 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The
9.2 appointing authority of a newly established agency or the
9.3 authority's designee shall provide the secretary with the
9.4 following information:
9.5 (1) the name, mailing address, electronic mail address, and
9.6 telephone number of the agency;
9.7 (2) the legal authority for the establishment of the agency
9.8 and the name and the title of the person or persons appointing
9.9 agency members;
9.10 (3) the powers and duties of the agency and whether the
9.11 agency, however designated, is best described by section 15.012,
9.12 paragraph (a), (b), (c), (e), or (f);
9.13 (4) the number of authorized members, together with any
9.14 prescribed restrictions on eligibility;
9.15 (5) the roster of current members, including mailing
9.16 addresses, electronic mail addresses, and telephone numbers;
9.17 (6) a breakdown of the membership showing distribution by
9.18 county, legislative district, and congressional district and
9.19 compliance with any restrictions listed in accordance with
9.20 clause (4);
9.21 (7) if any members have voluntarily provided the
9.22 information, the sex, age, political preference or lack of
9.23 preference, status with regard to disability, race, and national
9.24 origin of those members;
9.25 (8) the dates of commencement and expiration of membership
9.26 terms and the expiration date of the agency, if any;
9.27 (9) the compensation of members and appropriations or other
9.28 money available to the agency;
9.29 (10) the name of the state agency or other entity, if any,
9.30 required to provide staff or administrative support to the
9.31 agency;
9.32 (11) the regular meeting schedule, if any, and the
9.33 approximate number of hours a month of meetings or other
9.34 activities required of members; and
9.35 (12) a brief statement of the goal or purpose of the
9.36 agency, along with a summary of what an existing agency has
10.1 done, or what a newly established agency plans to do to achieve
10.2 its goal or purpose.
10.3 The publication requirement under clause (5) may be met by
10.4 publishing a member's home or business address and telephone
10.5 number, the address and telephone number of the agency to which
10.6 the member is appointed, the member's electronic mail address,
10.7 or any other information that would enable the public to
10.8 communicate with the member.
10.9 (b) The chair of an existing agency or the chair's designee
10.10 shall provide information, covering the fiscal year in which it
10.11 is registering, on the number of meetings it has held, its
10.12 expenses, and the number of staff hours, if any, devoted to its
10.13 support. The chair or designee shall also, if necessary, update
10.14 any of the information previously provided in accordance with
10.15 paragraph (a).
10.16 (c) The secretary shall provide electronic forms for the
10.17 reporting of information required by this subdivision and
10.18 may provide for require reporting by electronic means.
10.19 Sec. 11. Minnesota Statutes 2002, section 126C.17,
10.20 subdivision 9, is amended to read:
10.21 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized
10.22 by section 126C.10, subdivision 1, may be increased in the
10.23 amount approved by the voters of the district at a referendum
10.24 called for the purpose. The referendum may be called by the
10.25 board or shall be called by the board upon written petition of
10.26 qualified voters of the district. The referendum must be
10.27 conducted one or two calendar years before the increased levy
10.28 authority, if approved, first becomes payable. Only one
10.29 election to approve an increase may be held in a calendar year.
10.30 Unless the referendum is conducted by mail under paragraph (g),
10.31 the referendum must be held on the first Tuesday after the first
10.32 Monday in November. The ballot must state the maximum amount of
10.33 the increased revenue per resident marginal cost pupil unit, the
10.34 estimated referendum tax rate as a percentage of referendum
10.35 market value in the first year it is to be levied, and that the
10.36 revenue must be used to finance school operations. The ballot
11.1 may state a schedule, determined by the board, of increased
11.2 revenue per resident marginal cost pupil unit that differs from
11.3 year to year over the number of years for which the increased
11.4 revenue is authorized. If the ballot contains a schedule
11.5 showing different amounts, it must also indicate the estimated
11.6 referendum tax rate as a percent of referendum market value for
11.7 the amount specified for the first year and for the maximum
11.8 amount specified in the schedule. The ballot may state that
11.9 existing referendum levy authority is expiring. In this case,
11.10 the ballot may also compare the proposed levy authority to the
11.11 existing expiring levy authority, and express the proposed
11.12 increase as the amount, if any, over the expiring referendum
11.13 levy authority. The ballot must designate the specific number
11.14 of years, not to exceed ten, for which the referendum
11.15 authorization applies. The notice required under section 275.60
11.16 may be modified to read, in cases of renewing existing levies:
11.17 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
11.18 FOR A PROPERTY TAX INCREASE."
11.19 The ballot may contain a textual portion with the
11.20 information required in this subdivision and a question stating
11.21 substantially the following:
11.22 "Shall the increase in the revenue proposed by (petition
11.23 to) the board of ........., School District No. .., be approved?"
11.24 If approved, an amount equal to the approved revenue per
11.25 resident marginal cost pupil unit times the resident marginal
11.26 cost pupil units for the school year beginning in the year after
11.27 the levy is certified shall be authorized for certification for
11.28 the number of years approved, if applicable, or until revoked or
11.29 reduced by the voters of the district at a subsequent referendum.
11.30 (b) The board must prepare and deliver by first class mail
11.31 at least 15 days but no more than 30 days before the day of the
11.32 referendum to each taxpayer a notice of the referendum and the
11.33 proposed revenue increase. The board need not mail more than
11.34 one notice to any taxpayer. For the purpose of giving mailed
11.35 notice under this subdivision, owners must be those shown to be
11.36 owners on the records of the county auditor or, in any county
12.1 where tax statements are mailed by the county treasurer, on the
12.2 records of the county treasurer. Every property owner whose
12.3 name does not appear on the records of the county auditor or the
12.4 county treasurer is deemed to have waived this mailed notice
12.5 unless the owner has requested in writing that the county
12.6 auditor or county treasurer, as the case may be, include the
12.7 name on the records for this purpose. The notice must project
12.8 the anticipated amount of tax increase in annual dollars and
12.9 annual percentage for typical residential homesteads,
12.10 agricultural homesteads, apartments, and commercial-industrial
12.11 property within the school district. The notice is not an
12.12 official ballot.
12.13 The notice for a referendum may state that an existing
12.14 referendum levy is expiring and project the anticipated amount
12.15 of increase over the existing referendum levy in the first year,
12.16 if any, in annual dollars and annual percentage for typical
12.17 residential homesteads, agricultural homesteads, apartments, and
12.18 commercial-industrial property within the district.
12.19 The notice must include the following statement: "Passage
12.20 of this referendum will result in an increase in your property
12.21 taxes." However, in cases of renewing existing levies, the
12.22 notice may include the following statement: "Passage of this
12.23 referendum may result in an increase in your property taxes."
12.24 (c) A referendum on the question of revoking or reducing
12.25 the increased revenue amount authorized pursuant to paragraph
12.26 (a) may be called by the board and shall be called by the board
12.27 upon the written petition of qualified voters of the district.
12.28 A referendum to revoke or reduce the levy amount must be based
12.29 upon the dollar amount, local tax rate, or amount per resident
12.30 marginal cost pupil unit, that was stated to be the basis for
12.31 the initial authorization. Revenue approved by the voters of
12.32 the district pursuant to paragraph (a) must be received at least
12.33 once before it is subject to a referendum on its revocation or
12.34 reduction for subsequent years. Only one revocation or
12.35 reduction referendum may be held to revoke or reduce referendum
12.36 revenue for any specific year and for years thereafter.
13.1 (d) A petition authorized by paragraph (a) or (c) is
13.2 effective if signed by a number of qualified voters in excess of
13.3 15 percent of the registered voters of the district on the day
13.4 the petition is filed with the board. A referendum invoked by
13.5 petition must be held on the date specified in paragraph (a).
13.6 (e) The approval of 50 percent plus one of those voting on
13.7 the question is required to pass a referendum authorized by this
13.8 subdivision.
13.9 (f) At least 15 days before the day of the referendum, the
13.10 district must submit a copy of the notice required under
13.11 paragraph (b) to the commissioner and to the county auditor of
13.12 each county in which the district is located. Within 15 days
13.13 after the results of the referendum have been certified by the
13.14 board, or in the case of a recount, the certification of the
13.15 results of the recount by the canvassing board, the district
13.16 must notify the commissioner of the results of the referendum.
13.17 Sec. 12. Minnesota Statutes 2002, section 201.061,
13.18 subdivision 3, is amended to read:
13.19 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is
13.20 eligible to vote may register on election day by appearing in
13.21 person at the polling place for the precinct in which the
13.22 individual maintains residence, by completing a registration
13.23 card, making an oath in the form prescribed by the secretary of
13.24 state and providing proof of residence. An individual may prove
13.25 residence for purposes of registering by:
13.26 (1) showing a driver's license or Minnesota identification
13.27 card issued pursuant to section 171.07;
13.28 (2) showing any document approved by the secretary of state
13.29 as proper identification;
13.30 (3) showing one of the following:
13.31 (i) a current valid student identification card from a
13.32 post-secondary educational institution in Minnesota, if a list
13.33 of students from that institution has been prepared under
13.34 section 135A.17 and certified to the county auditor in the
13.35 manner provided in rules of the secretary of state; or
13.36 (ii) a current student fee statement that contains the
14.1 student's valid address in the precinct together with a picture
14.2 identification card; or
14.3 (iii) a current student identification card that contains
14.4 the student's valid address in the precinct;
14.5 (4) having a voter who is registered to vote in the
14.6 precinct sign an oath in the presence of the election judge
14.7 vouching that the voter personally knows that the individual is
14.8 a resident of the precinct. A voter who has been vouched for on
14.9 election day may not sign a proof of residence oath vouching for
14.10 any other individual on that election day; or
14.11 (5) for tribal band members living on an Indian
14.12 reservation, an individual may prove residence for purposes of
14.13 registering by showing an identification card issued by the
14.14 tribal government of a tribe recognized by the Bureau of Indian
14.15 Affairs, United States Department of the Interior, that contains
14.16 the name, street address, signature, and picture of the
14.17 individual. The county auditor of each county having territory
14.18 within the reservation shall maintain a record of the number of
14.19 election day registrations accepted under this section.
14.20 A county, school district, or municipality may require that
14.21 an election judge responsible for election day registration
14.22 initial each completed registration card.
14.23 Sec. 13. Minnesota Statutes 2002, section 201.071,
14.24 subdivision 3, is amended to read:
14.25 Subd. 3. [DEFICIENT REGISTRATION.] No registration is
14.26 deficient if it contains the voter's name, address, date of
14.27 birth, prior registration if any and signature. The absence of
14.28 a zip code number does not cause the registration to be
14.29 deficient. The election judges shall request an individual to
14.30 correct a registration card if it is deficient or illegible or
14.31 if the name or number of the voter's school district is missing
14.32 or obviously incorrect. No eligible voter may be prevented from
14.33 voting unless the voter's registration card is deficient or the
14.34 voter is duly and successfully challenged in accordance with
14.35 section 201.195 or 204C.12.
14.36 A registration card accepted prior to August 1, 1983, is
15.1 not deficient for lack of date of birth. The county or
15.2 municipality may attempt to obtain the date of birth for a
15.3 registration card accepted prior to August 1, 1983, by a request
15.4 to the voter at any time except at the polling place. Failure
15.5 by the voter to comply with this request does not make the
15.6 registration deficient.
15.7 The secretary of state shall prescribe the form for a
15.8 county or municipality to request the date of birth from
15.9 currently registered voters. The county or municipality must
15.10 not request the date of birth from currently registered voters
15.11 by any communication other than the prescribed form and the form
15.12 must clearly indicate that a currently registered voter does not
15.13 lose registration status by failing to provide the date of birth.
15.14 A registration card is not deficient for lack of a
15.15 telephone number.
15.16 Sec. 14. Minnesota Statutes 2002, section 201.161, is
15.17 amended to read:
15.18 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD
15.19 APPLICATIONS.]
15.20 The department of public safety shall change its
15.21 applications for an original, duplicate, or change of address
15.22 driver's license or identification card so that the forms may
15.23 also serve as voter registration cards. The forms must contain
15.24 spaces for the all information required in section 201.071,
15.25 subdivision 1, and applicable rules of collected by voter
15.26 registration cards prescribed by the secretary of state.
15.27 Applicants for driver's licenses or identification cards must be
15.28 asked if they want to register to vote at the same time. A copy
15.29 of each application containing a completed voter registration
15.30 must be sent to the county auditor of the county in which the
15.31 voter maintains residence or to the secretary of state as soon
15.32 as possible. The computerized driver's license record
15.33 information relating to name, address, date of birth, driver's
15.34 license number, county, town, and city must be made available
15.35 for access by the secretary of state and interaction with the
15.36 statewide voter registration system.
16.1 Sec. 15. Minnesota Statutes 2002, section 201.1611,
16.2 subdivision 1, is amended to read:
16.3 Subdivision 1. [FORMS.] All post-secondary institutions
16.4 that enroll students accepting state or federal financial aid
16.5 shall provide voter registration forms to each student as early
16.6 as possible in the fall quarter. All school districts shall
16.7 make available voter registration forms each May and September
16.8 to all students registered as students of the school district
16.9 who will be eligible to vote at the next election after those
16.10 months. A school district has no obligation to provide voter
16.11 registration forms to students who participate in a
16.12 postsecondary education option program or who otherwise reside
16.13 in the district but do not attend a school operated by the
16.14 district. A school district fulfills its obligation to a
16.15 student under this section if it provides a voter registration
16.16 form to the student one time. The forms must contain spaces for
16.17 the information required in section 201.071, subdivision 1, and
16.18 applicable rules of the secretary of state. The
16.19 institutions and school districts may request these forms from
16.20 the secretary of state. Institutions shall consult with their
16.21 campus student government in determining the most effective
16.22 means of distributing the forms and in seeking to facilitate
16.23 election day registration of students under section 201.061,
16.24 subdivision 3. School districts must advise students that
16.25 completion of the voter registration forms is not a school
16.26 district requirement.
16.27 Sec. 16. Minnesota Statutes 2002, section 201.171, is
16.28 amended to read:
16.29 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE;
16.30 REGISTRATION REMOVED.]
16.31 Within six weeks after every election, the county auditor
16.32 shall post the voting history for every person who voted in the
16.33 election. After the close of the calendar year, the secretary
16.34 of state shall determine if any registrants have not voted
16.35 during the preceding four years and shall change the status of
16.36 those registrants to "inactive" in the statewide registration
17.1 system. The secretary of state shall also prepare a report to
17.2 the county auditor containing the names of all registrants whose
17.3 status was changed to "inactive."
17.4 Although not counted in an election, a late absentee ballot
17.5 must be considered a vote for the purpose of continuing
17.6 registration Registrants whose status was changed to "inactive"
17.7 must register in the manner specified in section 201.054 before
17.8 voting in any primary, special primary, general, school
17.9 district, or special election, as required by section 201.018.
17.10 Sec. 17. Minnesota Statutes 2002, section 201.221,
17.11 subdivision 3, is amended to read:
17.12 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The
17.13 secretary of state shall prescribe the form of polling place
17.14 rosters that include the voter's name, address, date of birth,
17.15 school district number, and space for the voter's signature.
17.16 The polling place roster must be used to indicate whether the
17.17 voter has voted in a given election. The secretary of state
17.18 shall prescribe procedures for transporting the polling place
17.19 rosters to the election judges for use on election day. The
17.20 secretary of state shall prescribe the form for a county or
17.21 municipality to request the date of birth from currently
17.22 registered voters. The county or municipality shall not request
17.23 the date of birth from currently registered voters by any
17.24 communication other than the prescribed form and the form must
17.25 clearly indicate that a currently registered voter does not lose
17.26 registration status by failing to provide the date of birth. In
17.27 accordance with section 204B.40, the county auditor shall retain
17.28 the prescribed polling place rosters used on the date of
17.29 election for one year 22 months following the election.
17.30 Sec. 18. Minnesota Statutes 2002, section 201.275, is
17.31 amended to read:
17.32 201.275 [INVESTIGATIONS; PROSECUTIONS.]
17.33 A county attorney who is notified of an alleged violation
17.34 of this chapter shall promptly investigate. If there is
17.35 probable cause for instituting a prosecution, the county
17.36 attorney shall proceed by complaint or present the charge, with
18.1 whatever evidence has been found, to the grand jury. A county
18.2 attorney who refuses or intentionally fails to faithfully
18.3 perform this or any other duty imposed by this chapter is guilty
18.4 of a misdemeanor and upon conviction shall forfeit office. The
18.5 county attorney, under the penalty of forfeiture of office,
18.6 shall prosecute all violations of this chapter except violations
18.7 of this section; if, however, a complainant withdraws an
18.8 allegation under this chapter, the county attorney is not
18.9 required to proceed with the prosecution. Notwithstanding
18.10 Minnesota Rules, part 8200.7200, if the county attorney receives
18.11 notification of an alleged violation of this chapter, the county
18.12 attorney shall, no later than four months after receiving the
18.13 notification, forward to the secretary of state a copy of the
18.14 notification of alleged violations and a description of actions
18.15 taken by the county attorney in response to the notification.
18.16 Sec. 19. Minnesota Statutes 2002, section 202A.14,
18.17 subdivision 3, is amended to read:
18.18 Subd. 3. [NOTICE.] The county or legislative district
18.19 chair shall give at least six days' published notice of the
18.20 holding of the precinct caucus, stating the place, date, and
18.21 time for holding the caucus, and shall deliver the same
18.22 information to the municipal clerk and county auditor at least
18.23 20 days before the precinct caucus. The county auditor shall
18.24 make this information available at least ten days before the
18.25 date of the caucuses to persons who request it.
18.26 Sec. 20. Minnesota Statutes 2002, section 203B.085, is
18.27 amended to read:
18.28 203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL CLERK'S
18.29 OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.]
18.30 The county auditor's office in each county and the clerk's
18.31 office in each city or town authorized under section 203B.05 to
18.32 administer absentee balloting must be open for acceptance of
18.33 absentee ballot applications and casting of absentee ballots
18.34 from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on
18.35 Monday the day immediately preceding a primary, special, or
18.36 general election unless that day falls on a Saturday or Sunday.
19.1 Town clerks' offices must be open for absentee voting from 10:00
19.2 a.m. to 12:00 noon on the Saturday before a town general
19.3 election held in March. The school district clerk, when
19.4 performing the county auditor's election duties, need not comply
19.5 with this section.
19.6 Sec. 21. Minnesota Statutes 2002, section 203B.11,
19.7 subdivision 1, is amended to read:
19.8 Subdivision 1. [GENERALLY.] Each full-time municipal clerk
19.9 who has authority under section 203B.05 to administer absentee
19.10 voting laws shall designate election judges to deliver absentee
19.11 ballots in accordance with this section. The county auditor may
19.12 also designate election judges to perform the duties in this
19.13 section. A ballot may be delivered only to an eligible voter
19.14 who is a temporary or permanent resident or patient in a health
19.15 care facility or hospital located in the municipality in which
19.16 the voter maintains residence. If the eligible voter appears on
19.17 a list of residents of that institution that has been prepared
19.18 and certified by the chief administrator of that institution to
19.19 the municipal clerk or county auditor by the day before the
19.20 delivery of ballots, the proof of residency requirements of
19.21 section 201.061, subdivision 3, have been satisfied. The
19.22 ballots shall be delivered by two election judges, each of whom
19.23 is affiliated with a different major political party. When the
19.24 election judges deliver or return ballots as provided in this
19.25 section, they shall travel together in the same vehicle. Both
19.26 election judges shall be present when an applicant completes the
19.27 certificate of eligibility and marks the absentee ballots, and
19.28 may assist an applicant as provided in section 204C.15. The
19.29 election judges shall deposit the return envelopes containing
19.30 the marked absentee ballots in a sealed container and return
19.31 them to the clerk on the same day that they are delivered and
19.32 marked.
19.33 Sec. 22. Minnesota Statutes 2002, section 203B.125, is
19.34 amended to read:
19.35 203B.125 [SECRETARY OF STATE TO MAKE RULES.]
19.36 Subdivision 1. [AUTHORIZED RULEMAKING.] The secretary of
20.1 state shall adopt rules establishing methods and procedures for
20.2 issuing ballot cards and related absentee forms to be used as
20.3 provided in section 203B.08, subdivision 1a, and for the
20.4 reconciliation of voters and ballot cards before tabulation
20.5 under section 203B.12.
20.6 Subd. 2. [EMERGENCY PROCEDURES.] The secretary of state
20.7 may designate alternate methods for handling absentee ballots
20.8 during periods of declared national or state emergency as
20.9 described by section 12.31. This authority is exempt from the
20.10 requirements of chapter 14.
20.11 Sec. 23. Minnesota Statutes 2002, section 204B.06,
20.12 subdivision 1, is amended to read:
20.13 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of
20.14 candidacy shall state the name of the office sought and shall
20.15 state that the candidate:
20.16 (1) is an eligible voter;
20.17 (2) has no other affidavit on file as a candidate for any
20.18 office at the same primary or next ensuing general election,
20.19 except that a candidate for soil and water conservation district
20.20 supervisor in a district not located in whole or in part in
20.21 Anoka, Hennepin, Ramsey, or Washington county, may also have on
20.22 file an affidavit of candidacy for mayor or council member of a
20.23 statutory or home rule charter city of not more than 2,500
20.24 population contained in whole or in part in the soil and water
20.25 conservation district or for town supervisor in a town of not
20.26 more than 2,500 population contained in whole or in part in the
20.27 soil and water conservation district; and
20.28 (3) is, or will be on assuming the office, 21 years of age
20.29 or more, and will have maintained residence in the district from
20.30 which the candidate seeks election for 30 days before the
20.31 general election.
20.32 An affidavit of candidacy must include a statement that the
20.33 candidate's name as written on the affidavit for ballot
20.34 designation is the candidate's true name or the name by which
20.35 the candidate is commonly and generally known in the community.
20.36 An affidavit of candidacy for partisan office shall also
21.1 state the name of the candidate's political party or political
21.2 principle, stated in three words or less.
21.3 (b) This subdivision does not apply to a candidate
21.4 Candidates for president or vice-president of the United
21.5 States are not required to file an affidavit of candidacy for
21.6 office and this subdivision does not apply to those candidates.
21.7 Sec. 24. Minnesota Statutes 2002, section 204B.07,
21.8 subdivision 2, is amended to read:
21.9 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] This
21.10 subdivision does not apply to candidates for presidential
21.11 elector nominated by major political parties. Major party
21.12 candidates for presidential elector are certified under section
21.13 208.03. Other presidential electors are nominated by petition
21.14 pursuant to this section. On petitions nominating presidential
21.15 electors, the names of the candidates for president and
21.16 vice-president shall be added to the political party or
21.17 political principle stated on the petition. One petition may be
21.18 filed to nominate a slate of presidential electors equal in
21.19 number to the number of electors to which the state is
21.20 entitled. This subdivision does not apply to candidates for
21.21 presidential elector nominated by major political parties.
21.22 Major party candidates for presidential elector are certified
21.23 under section 208.03.
21.24 Sec. 25. Minnesota Statutes 2002, section 204B.09,
21.25 subdivision 1, is amended to read:
21.26 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL
21.27 ELECTIONS.] (a) Except as otherwise provided by this
21.28 subdivision, affidavits of candidacy and nominating petitions
21.29 for county, state, and federal offices filled at the state
21.30 general election shall be filed not more than 70 days nor less
21.31 than 56 days before the state primary. The affidavit may be
21.32 prepared and signed at any time between 60 days before the
21.33 filing period opens and the last day of the filing period.
21.34 (b) Notwithstanding other law to the contrary, the
21.35 affidavit of candidacy must be signed in the presence of a
21.36 notarial officer or an individual authorized to administer oaths
22.1 under section 358.10.
22.2 (c) This provision does not apply to candidates for
22.3 presidential elector nominated by major political parties.
22.4 Major party candidates for presidential elector are certified
22.5 under section 208.03. Other candidates for presidential
22.6 electors may file petitions on or before the state primary day
22.7 pursuant to section 204B.07. Nominating petitions to fill
22.8 vacancies in nominations shall be filed as provided in section
22.9 204B.13. No affidavit or petition shall be accepted later than
22.10 5:00 p.m. on the last day for filing.
22.11 (d) Affidavits and petitions for offices to be voted on in
22.12 only one county shall be filed with the county auditor of that
22.13 county. Affidavits and petitions for offices to be voted on in
22.14 more than one county shall be filed with the secretary of state.
22.15 Sec. 26. Minnesota Statutes 2002, section 204B.09,
22.16 subdivision 3, is amended to read:
22.17 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state
22.18 or federal office who wants write-in votes for the candidate to
22.19 be counted must file a written request with the filing office
22.20 for the office sought no later than the fifth day before the
22.21 general election. The filing officer shall provide copies of
22.22 the form to make the request.
22.23 (b) A candidate for president of the United States who
22.24 files a request under this subdivision must include the name of
22.25 a candidate for vice-president of the United States. The
22.26 request must also include the name of at least one candidate for
22.27 presidential elector. The total number of names of candidates
22.28 for presidential elector on the request may not exceed the total
22.29 number of electoral votes to be cast by Minnesota in the
22.30 presidential election.
22.31 (c) A candidate for governor who files a request under this
22.32 subdivision must include the name of a candidate for lieutenant
22.33 governor.
22.34 Sec. 27. Minnesota Statutes 2002, section 204B.13,
22.35 subdivision 6, is amended to read:
22.36 Subd. 6. [VACANCY AFTER DEADLINE.] If a candidate
23.1 withdraws after the 16th day before the general election but
23.2 before four seven days before the general election, the
23.3 secretary of state shall instruct the election judges to strike
23.4 the name of the withdrawn candidate from the general election
23.5 ballot and shall substitute no other candidate's name. Filing
23.6 officers may not accept a nomination certificate for filing to
23.7 fill a vacancy in nomination resulting from the filing of an
23.8 affidavit of withdrawal by a candidate after the 14th day before
23.9 the general election. Vacancies occurring through death or
23.10 catastrophic illness after the 16th day before the general
23.11 election are governed by section 204B.41.
23.12 Sec. 28. Minnesota Statutes 2002, section 204B.14,
23.13 subdivision 2, is amended to read:
23.14 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a)
23.15 The following shall constitute at least one election precinct:
23.16 (1) each city ward; and
23.17 (2) each town and each statutory city.
23.18 (b) A single, accessible, combined polling place may be
23.19 established no later than June 1 of any year:
23.20 (1) for any city of the third or fourth class, any town, or
23.21 any city having territory in more than one county, in which all
23.22 the voters of the city or town shall cast their ballots;
23.23 (2) for two contiguous precincts in the same municipality
23.24 that have if either of them has fewer than 100 registered voters
23.25 or if they have a combined total of fewer than 500 registered
23.26 voters; or
23.27 (3) for up to four contiguous municipalities located
23.28 entirely outside the metropolitan area, as defined by section
23.29 473.121, subdivision 2, that are contained in the same county.
23.30 A copy of the ordinance or resolution establishing a
23.31 combined polling place must be filed with the county auditor
23.32 within 30 days after approval by the governing body. A polling
23.33 place combined under clause (3) must be approved by the
23.34 governing body of each participating municipality. A
23.35 municipality withdrawing from participation in a combined
23.36 polling place must do so by filing a resolution of withdrawal
24.1 with the county auditor no later than May 1 of any year.
24.2 The secretary of state shall provide a separate polling
24.3 place roster for each precinct served by the combined polling
24.4 place. A single set of election judges may be appointed to
24.5 serve at a combined polling place. The number of election
24.6 judges required must be based on the total number of persons
24.7 voting at the last similar election in all precincts to be
24.8 voting at the combined polling place. Separate ballot boxes
24.9 must be provided for the ballots from each precinct. The
24.10 results of the election must be reported separately for each
24.11 precinct served by the combined polling place, except in a
24.12 polling place established under clause (2) where one of the
24.13 precincts has fewer than ten registered voters, in which case
24.14 the results of that precinct must be reported in the manner
24.15 specified by the secretary of state.
24.16 Sec. 29. Minnesota Statutes 2002, section 204B.16,
24.17 subdivision 3, is amended to read:
24.18 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The
24.19 designation of a polling place pursuant to this section shall
24.20 remain effective until a different polling place is designated
24.21 for that precinct. No designation of a new or different polling
24.22 place shall become effective less than 90 days prior to an
24.23 election, including school district elections or referenda, and
24.24 no polling place changes may occur during the period between the
24.25 state primary and the state general election, except that a new
24.26 polling place may be designated to replace a polling place that
24.27 has become unavailable for use.
24.28 Sec. 30. Minnesota Statutes 2002, section 204B.18,
24.29 subdivision 1, is amended to read:
24.30 Subdivision 1. [BOOTHS.] Each polling place must contain a
24.31 number of voting booths in proportion to the number of
24.32 individuals eligible to vote in the precinct. Each booth must
24.33 be at least six feet high, three feet deep and two feet wide
24.34 with a shelf at least two feet long and one foot wide placed at
24.35 a convenient height for writing. The booth shall be provided
24.36 with a door or curtains. Each accessible polling place must
25.1 have at least one accessible voting booth or other accessible
25.2 voting station. All booths or stations must be constructed so
25.3 that a voter is free from observation while marking ballots. In
25.4 all other polling places every effort must be made to provide at
25.5 least one accessible voting booth or other accessible voting
25.6 station. During the hours of voting, the booths or stations
25.7 must have instructions, a pencil, and other supplies needed to
25.8 mark the ballots. If needed, a chair must be provided for
25.9 elderly and handicapped voters to use while voting. All ballot
25.10 boxes, voting booths, voting stations, and election judges must
25.11 be in open public view in the polling place.
25.12 Sec. 31. Minnesota Statutes 2002, section 204B.19,
25.13 subdivision 1, is amended to read:
25.14 Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION
25.15 JUDGES.] Except as provided in subdivision 6, any individual who
25.16 is eligible to vote in an election precinct this state is
25.17 qualified to be appointed as an election judge for that precinct
25.18 subject to this section. If the files of the appointing
25.19 authority do not contain sufficient voters within a precinct who
25.20 are qualified and willing to serve as election judges, election
25.21 judges may be appointed who reside in another precinct in the
25.22 same municipality, or for school district elections, in the same
25.23 school district, whether or not the precinct where they reside
25.24 is in the same county as the precinct where they will serve. If
25.25 there are not sufficient voters within the municipality or
25.26 school district who are qualified and willing to serve as
25.27 election judges, election judges may be appointed who reside in
25.28 the county where the precinct is located.
25.29 Sec. 32. Minnesota Statutes 2002, section 204B.19,
25.30 subdivision 6, is amended to read:
25.31 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other
25.32 requirements of this section, a student enrolled in a high
25.33 school in Minnesota or who is in a homeschool in compliance with
25.34 sections 120A.22 and 120A.24, who has attained the age of 16 is
25.35 eligible to be appointed as a without party affiliation trainee
25.36 election judge in the county in which the student resides. The
26.1 student must meet qualifications for trainee election judges
26.2 specified in rules of the secretary of state. A student
26.3 appointed as a trainee election judge may be excused from school
26.4 attendance during the hours that the student is serving as a
26.5 trainee election judge if the student submits a written request
26.6 signed and approved by the student's parent or guardian to be
26.7 absent from school and a certificate from the appointing
26.8 authority stating the hours during which the student will serve
26.9 as a trainee election judge to the principal of the school at
26.10 least ten days prior to the election. Students shall not serve
26.11 as trainee election judges after 10:00 p.m. Notwithstanding
26.12 section 177.24 to the contrary, trainee election judges may be
26.13 paid not less than two-thirds of the minimum wage for a large
26.14 employer. The principal of the school may approve a request to
26.15 be absent from school conditioned on acceptable academic
26.16 performance and the requirement that the student must have
26.17 completed or be enrolled in a course of study in government at
26.18 the time of service as a trainee election judge.
26.19 Sec. 33. Minnesota Statutes 2002, section 204B.19, is
26.20 amended by adding a subdivision to read:
26.21 Subd. 7. [NON-ENGLISH-SPEAKING ELECTION JUDGES; REQUEST
26.22 FOR APPOINTMENT.] Notwithstanding subdivision 2, upon the
26.23 written request of at least 50 registered voters in a precinct,
26.24 the appointing authority shall make every effort to appoint at
26.25 least one election judge who speaks the language specified in
26.26 the written request.
26.27 Sec. 34. Minnesota Statutes 2002, section 204B.21,
26.28 subdivision 1, is amended to read:
26.29 Subdivision 1. [APPOINTMENT LISTS; DUTIES OF POLITICAL
26.30 PARTIES AND COUNTY AUDITOR.] On July May 1 in a year in which
26.31 there is an election for a partisan political office, the county
26.32 or legislative district chairs of each major political party,
26.33 whichever is designated by the state party, shall prepare a list
26.34 of eligible voters to act who have stated in writing an interest
26.35 in seeking appointment as election judges in each election
26.36 precinct in the county or legislative district. The chairs
27.1 shall furnish the lists to the county auditor of the county in
27.2 which the precinct is located.
27.3 By July May 15, the county auditor shall furnish to the
27.4 appointing authorities a list of the appropriate names for each
27.5 election precinct in the jurisdiction of the appointing
27.6 authority. Separate lists shall be submitted by the county
27.7 auditor for each major political party.
27.8 Sec. 35. Minnesota Statutes 2002, section 204B.21,
27.9 subdivision 2, is amended to read:
27.10 Subd. 2. [APPOINTING AUTHORITY; POWERS AND DUTIES.]
27.11 Election judges for precincts in a municipality shall be
27.12 appointed by the governing body of the municipality. Election
27.13 judges for precincts in unorganized territory and for performing
27.14 election-related duties assigned by the county auditor shall be
27.15 appointed by the county board. Election judges for a precinct
27.16 composed of two or more municipalities must be appointed by the
27.17 governing body of the municipality or municipalities responsible
27.18 for appointing election judges as provided in the agreement to
27.19 combine for election purposes. Appointments shall be made from
27.20 lists furnished pursuant to subdivision 1 subject to the
27.21 eligibility requirements and other qualifications established or
27.22 authorized under section 204B.19. If no lists have been
27.23 furnished or if additional election judges are required after
27.24 all listed names have been exhausted, the appointing authority
27.25 may appoint any other individual to serve as an election judge
27.26 subject to the same requirements and qualifications. The
27.27 appointments shall be made at least 25 days before the election
27.28 at which the election judges will serve. The name and party
27.29 designation of election judges appointed for any election must
27.30 be made available to the public upon request and is public data,
27.31 notwithstanding section 13.43.
27.32 Sec. 36. Minnesota Statutes 2002, section 204B.22, is
27.33 amended by adding a subdivision to read:
27.34 Subd. 4. [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD
27.35 MINIMUM NUMBER OF ELECTION JUDGES.] The presence or
27.36 participation of election judge trainees must not be counted
28.1 toward satisfying any of the required numbers of election judges
28.2 in this chapter.
28.3 Sec. 37. Minnesota Statutes 2002, section 204B.34,
28.4 subdivision 3, is amended to read:
28.5 Subd. 3. [JUDICIAL ELECTIONS.] When one or more justices
28.6 of the supreme court or judges of the court of appeals or of a
28.7 district court are to be nominated at the same primary or
28.8 elected at the same general election, the notice of election
28.9 shall state the name of each justice or judge whose successor is
28.10 to be nominated or elected and the seat number assigned to each
28.11 office.
28.12 Sec. 38. Minnesota Statutes 2002, section 204B.36,
28.13 subdivision 4, is amended to read:
28.14 Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall
28.15 contain the names of all candidates for each judicial office and
28.16 shall state the number of those candidates for whom a voter may
28.17 vote. Each seat for an associate justice, associate judge, or
28.18 judge of the district court must be numbered. The words
28.19 "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT
28.20 COURT" must be printed above the respective judicial office
28.21 groups on the ballot. The title of each judicial office shall
28.22 be printed on the official primary and general election ballot
28.23 as follows:
28.24 (a) In the case of the supreme court:
28.25 "Chief justice - supreme court";
28.26 "Associate justice (number) - supreme court"
28.27 (b) In the case of the court of appeals:
28.28 "Judge (number) - court of appeals"; or
28.29 (c) In the case of the district court:
28.30 "Judge (number) - (number) district court."
28.31 Sec. 39. Minnesota Statutes 2002, section 204B.41, is
28.32 amended to read:
28.33 204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.]
28.34 When a vacancy in nomination occurs through the death or
28.35 catastrophic illness of a candidate after the 16th day before
28.36 the general election, the officer in charge of preparing the
29.1 ballots shall prepare and distribute a sufficient number of
29.2 separate paper ballots which shall be headed with the words
29.3 "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the
29.4 title of the office for which the vacancy in nomination has been
29.5 filled and the names of all the candidates nominated for that
29.6 office. The ballot shall conform to the provisions governing
29.7 the printing of other official ballots as far as practicable.
29.8 The title of the office and the names of the candidates for that
29.9 office shall be blotted out or stricken from the regular ballots
29.10 by the election judges. The official supplemental ballot shall
29.11 be given to each voter when the voter is given the regular
29.12 ballot or is directed to the voting machine. Regular ballots
29.13 shall not be changed nor shall official supplemental ballots be
29.14 prepared as provided in this section during the three six
29.15 calendar days before an election. Absentee ballots that have
29.16 been mailed prior to the preparation of official supplemental
29.17 ballots shall be counted in the same manner as if the vacancy
29.18 had not occurred. Official supplemental ballots shall not be
29.19 mailed to absent voters to whom ballots were mailed before the
29.20 official supplemental ballots were prepared. Both an official
29.21 supplemental ballot and a replacement regular ballot from which
29.22 the title of the office and names of the candidates for that
29.23 office have been blotted out or stricken as provided in this
29.24 section must be provided to each absentee voter or voter
29.25 residing in a precinct voting by mail who requests either of
29.26 them under section 203B.06, subdivision 3. The election judges
29.27 conducting absentee voting in health care facilities as provided
29.28 in section 203B.11, subdivision 1, must deliver official
29.29 supplemental ballots and replacement regular ballots to those
29.30 facilities no later than 5:00 p.m. on the day before the
29.31 election.
29.32 Sec. 40. Minnesota Statutes 2002, section 204C.06, is
29.33 amended by adding a subdivision to read:
29.34 Subd. 8. [ACCESS FOR NEWS MEDIA.] The county auditor or
29.35 municipal or school district clerk or designee of any of these
29.36 may, by written authorization, permit news media representatives
30.1 to enter polling places for up to 15 minutes during voting hours
30.2 to observe the voting process. A media representative must
30.3 present written authorization and a photo identification to the
30.4 head election judge upon arrival at the polling place and must
30.5 not otherwise:
30.6 (1) approach within six feet of an election judge or voter;
30.7 (2) converse with a voter while in the polling place;
30.8 (3) make a list of persons voting or not voting;
30.9 (4) interview a voter within the polling place; or
30.10 (5) photograph a voter who has not provided a signed
30.11 release to the media representative.
30.12 Sec. 41. Minnesota Statutes 2002, section 204C.10, is
30.13 amended to read:
30.14 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF
30.15 REGISTRATION.]
30.16 (a) An individual seeking to vote shall sign a polling
30.17 place roster which states that the individual is at least 18
30.18 years of age, a citizen of the United States, has resided in
30.19 Minnesota for 20 days immediately preceding the election,
30.20 certifies residence at the address shown, is not under
30.21 guardianship of the person, has not been found by a court of law
30.22 to be legally incompetent to vote or convicted of a felony
30.23 without having civil rights restored, is registered and has not
30.24 already voted in the election. The roster must also state: "I
30.25 understand that giving false information is a felony punishable
30.26 by not more than five years imprisonment and a fine of not more
30.27 than $10,000 or both."
30.28 (b) A judge may shall, before the applicant signs the
30.29 roster, confirm the applicant's identity by requiring a picture
30.30 identification card or document issued by the United States or
30.31 Minnesota or an identification card issued by the tribal
30.32 government of a tribe recognized by the Bureau of Indian
30.33 Affairs, Department of the Interior, and may confirm the
30.34 applicant's name, address, and date of birth. If an applicant
30.35 does not have a card or document described by this section, the
30.36 applicant may sign the roster after executing an affidavit
31.1 before the judge. The affidavit must state:
31.2 (1) the name of the applicant;
31.3 (2) that the applicant does not have a picture
31.4 identification card or document issued by the United States or
31.5 Minnesota or an identification card issued by the tribal
31.6 government of a tribe recognized by the Bureau of Indian
31.7 Affairs, Department of the Interior, that contains the name,
31.8 address, signature, and picture of the applicant; and
31.9 (3) that the applicant swears or affirms that the applicant
31.10 is the same individual whose name is listed on the roster for
31.11 this precinct.
31.12 (c) After the applicant signs the roster, the judge shall
31.13 give the applicant a voter's receipt. The voter shall deliver
31.14 the voter's receipt to the judge in charge of ballots as proof
31.15 of the voter's right to vote, and thereupon the judge shall hand
31.16 to the voter the ballot. The voters' receipts must be
31.17 maintained during the time for notice of filing an election
31.18 contest.
31.19 Sec. 42. Minnesota Statutes 2002, section 204C.12,
31.20 subdivision 4, is amended to read:
31.21 Subd. 4. [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING
31.22 PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A
31.23 challenged individual who is found to be ineligible to vote in
31.24 that precinct or who refuses to answer questions or sign a
31.25 polling place roster as required by this section must not be
31.26 allowed to vote and the county auditor must reclassify as
31.27 inactive the record of the challenged individual within 14 days
31.28 following the challenge. A challenged individual who leaves the
31.29 polling place and returns later willing to answer questions or
31.30 sign a polling place roster must not be allowed to vote.
31.31 Sec. 43. Minnesota Statutes 2002, section 204C.15,
31.32 subdivision 1, is amended to read:
31.33 Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN
31.34 MARKING BALLOTS.] A voter who claims a need for assistance
31.35 because of inability to read English or physical inability to
31.36 mark a ballot may obtain the aid of two election judges who are
32.1 members of different major political parties. If assistance is
32.2 needed because the voter does not read and speak English and an
32.3 election judge has been appointed pursuant to section 204A.19,
32.4 subdivision 7, such judge must be one of the two election judges
32.5 required by this subdivision. The election judges shall mark
32.6 the ballots as directed by the voter and in as secret a manner
32.7 as circumstances permit. If the voter is deaf or cannot speak
32.8 English or understand it when it is spoken, the election judges
32.9 may select two individuals who are members of different major
32.10 political parties to act as interpreters. The interpreters
32.11 shall assist the individual in marking the ballots. A voter in
32.12 need of assistance may alternatively obtain the assistance of
32.13 any individual the voter chooses. Only the following persons
32.14 may not provide assistance to a voter: the voter's employer, an
32.15 agent of the voter's employer, an officer or agent of the
32.16 voter's union, or a candidate for election. The person who
32.17 assists the voter shall, unaccompanied by an election judge,
32.18 retire with that voter to a booth and mark the ballot as
32.19 directed by the voter. No person who assists another voter as
32.20 provided in the preceding sentence shall mark the ballots of
32.21 more than three voters at one election. Before the ballots are
32.22 deposited, the voter may show them privately to an election
32.23 judge to ascertain that they are marked as the voter directed.
32.24 An election judge or other individual assisting a voter shall
32.25 not in any manner request, persuade, induce, or attempt to
32.26 persuade or induce the voter to vote for any particular
32.27 political party or candidate. The election judges or other
32.28 individuals who assist the voter shall not reveal to anyone the
32.29 name of any candidate for whom the voter has voted or anything
32.30 that took place while assisting the voter.
32.31 Sec. 44. Minnesota Statutes 2002, section 204C.20,
32.32 subdivision 2, is amended to read:
32.33 Subd. 2. [EXCESS BALLOTS.] If two or more ballots are
32.34 found folded together like a single ballot, the election judges
32.35 shall lay them aside until all the ballots in the box have been
32.36 counted. If it is evident from the number of ballots to be
33.1 counted that the ballots folded together were cast by one voter,
33.2 the election judges shall preserve but not count them. If the
33.3 number of ballots in one box exceeds the number to be counted,
33.4 the election judges shall examine all the ballots in the box to
33.5 ascertain that all are properly marked with the initials of the
33.6 election judges. If any ballots are not properly marked with
33.7 the initials of the election judges, the election judges shall
33.8 preserve but not count them; however, if the number of ballots
33.9 does not exceed the number to be counted, the absence of either
33.10 or both sets of initials of the election judges does not, by
33.11 itself, disqualify the vote from being counted and must not be
33.12 the basis of a challenge in a recount. If there is still an
33.13 excess of properly marked ballots, the election judges shall
33.14 replace them in the box, and one election judge, without
33.15 looking, shall withdraw from the box a number of ballots equal
33.16 to the excess. The withdrawn ballots shall not be counted but
33.17 shall be preserved as provided in subdivision 4.
33.18 Sec. 45. Minnesota Statutes 2002, section 204C.28,
33.19 subdivision 1, is amended to read:
33.20 Subdivision 1. [COUNTY AUDITOR.] Every county auditor
33.21 shall remain at the auditor's office to receive delivery of the
33.22 returns, to permit public inspection of the summary statements,
33.23 and to tabulate the votes and to report the results by entry
33.24 into or transmission to the election night reporting system of
33.25 the secretary of state until all have been tabulated and the
33.26 results made known, or until 24 hours have elapsed since the end
33.27 of the hours for voting, whichever occurs first. The county
33.28 auditor shall file all envelopes containing ballots in a safe
33.29 place with seals unbroken. If the envelopes were previously
33.30 opened by proper authority for examination or recount, the
33.31 county auditor shall have the envelopes sealed again and signed
33.32 by the individuals who made the inspection or recount. The
33.33 envelopes may be opened by the county canvassing board if
33.34 necessary to procure election returns that the election judges
33.35 inadvertently may have sealed in the envelopes with the
33.36 ballots. In that case, the envelopes shall be sealed again and
34.1 signed in the same manner as otherwise provided in this
34.2 subdivision.
34.3 Sec. 46. Minnesota Statutes 2002, section 204C.33,
34.4 subdivision 1, is amended to read:
34.5 Subdivision 1. [COUNTY CANVASS.] The county canvassing
34.6 board shall meet at the county auditor's office on or before the
34.7 seventh day following the state general election. After taking
34.8 the oath of office, the board shall promptly and publicly
34.9 canvass the general election returns delivered to the county
34.10 auditor. Upon completion of the canvass, the board shall
34.11 promptly prepare and file with the county auditor a report which
34.12 states:
34.13 (a) The number of individuals voting at the election in the
34.14 county and in each precinct;
34.15 (b) The number of individuals registering to vote on
34.16 election day and the number of individuals registered before
34.17 election day in each precinct;
34.18 (c) The names of the candidates for each office and the
34.19 number of votes received by each candidate in the county and in
34.20 each precinct, including write-in candidates for state and
34.21 federal office who have requested under section 204B.09 that
34.22 votes for those candidates be tallied;
34.23 (d) The number of votes counted for and against a proposed
34.24 change of county lines or county seat; and
34.25 (e) The number of votes counted for and against a
34.26 constitutional amendment or other question in the county and in
34.27 each precinct.
34.28 The result of write-in votes cast on the general election
34.29 ballots must be compiled by the county auditor before the county
34.30 canvass, except that write-in votes for a candidate for state or
34.31 federal office must not be counted unless the candidate has
34.32 timely filed a request under section 204B.09, subdivision 3.
34.33 The county auditor shall arrange for each municipality to
34.34 provide an adequate number of election judges to perform this
34.35 duty or the county auditor may appoint additional election
34.36 judges for this purpose. The county auditor may open the
35.1 envelopes or containers in which the voted ballots have been
35.2 sealed in order to count and record the write-in votes and must
35.3 reseal the voted ballots at the conclusion of this process.
35.4 Upon completion of the canvass, the county canvassing board
35.5 shall declare the candidate duly elected who received the
35.6 highest number of votes for each county and state office voted
35.7 for only within the county. The county auditor shall transmit
35.8 one of the certified copies of the county canvassing board
35.9 report for state and federal offices to the secretary of state
35.10 by express mail or similar service immediately upon conclusion
35.11 of the county canvass.
35.12 Sec. 47. Minnesota Statutes 2002, section 204C.35, is
35.13 amended by adding a subdivision to read:
35.14 Subd. 3. [SCOPE OF RECOUNT.] A recount conducted as
35.15 provided in this section is limited in scope to the
35.16 determination of the number of votes validly cast for the office
35.17 to be recounted. Only the ballots cast in the election and the
35.18 summary statements certified by the election judges may be
35.19 considered in the recount process.
35.20 Sec. 48. Minnesota Statutes 2002, section 204C.36,
35.21 subdivision 1, is amended to read:
35.22 Subdivision 1. [REQUIRED AUTOMATIC RECOUNTS.] (a) Except
35.23 as provided in paragraph (b), a losing candidate for nomination
35.24 or election to a county, municipal, or school district office
35.25 may request a recount of the votes cast for the nomination or
35.26 election to that office if the difference between the vote cast
35.27 for that candidate and for a winning candidate for nomination or
35.28 election is less than one-half of one percent of the total votes
35.29 counted for that office. In case of offices where two or more
35.30 seats are being filled from among all the candidates for the
35.31 office, the one-half of one percent difference is between the
35.32 elected candidate with the fewest votes and the candidate with
35.33 the most votes from among the candidates who were not elected.
35.34 (b) A losing candidate for nomination or election to a
35.35 county, municipal, or school district office may request a
35.36 recount of the votes cast for nomination or election to that
36.1 office if the difference between the vote cast for that
36.2 candidate and for a winning candidate for nomination or election
36.3 is ten votes or less, and the total number of votes cast for the
36.4 nomination or election of all candidates is no more than 400.
36.5 In cases of offices where two or more seats are being filled
36.6 from among all the candidates for the office, the ten vote
36.7 difference is between the elected candidate with the fewest
36.8 votes and the candidate with the most votes from among the
36.9 candidates who were not elected.
36.10 (c) Candidates for county offices shall file a written
36.11 request for the recount with the county auditor. Candidates for
36.12 municipal or school district offices shall file a written
36.13 request with the municipal or school district clerk as
36.14 appropriate. All requests shall be filed during the time for
36.15 notice of contest of the primary or election for which a recount
36.16 is sought.
36.17 (d) Upon receipt of a request made pursuant to this
36.18 section, the county auditor shall recount the votes for a county
36.19 office at the expense of the county, the governing body of the
36.20 municipality shall recount the votes for a municipal office at
36.21 the expense of the municipality, and the school board of the
36.22 school district shall recount the votes for a school district
36.23 office at the expense of the school district. If the difference
36.24 between the votes cast for the candidates for nomination to a
36.25 county, municipal, or school district office:
36.26 (1) is less than one-half of one percent of the total
36.27 number of votes counted for that nomination; or
36.28 (2) is ten votes or less and the total number of votes cast
36.29 for that nomination is 400 votes or less,
36.30 and the difference determines the nomination, the canvassing
36.31 board with responsibility for declaring the results for that
36.32 office must recount the vote. The scope of the recount is
36.33 solely to recount the votes counted on election day.
36.34 (b) In a general election, if the difference between the
36.35 votes of a candidate who would otherwise be declared elected to
36.36 a county, municipal, or school district office and the votes of
37.1 any other candidate for that office:
37.2 (1) is less than one-half of one percent of the total
37.3 number of votes counted for that office; or
37.4 (2) is ten votes or less if the total number of votes cast
37.5 for that office is 400 votes or less,
37.6 the canvassing board must recount the votes. The scope of the
37.7 recount is solely to recount the votes counted on election day.
37.8 (c) In case of offices where two or more seats are being
37.9 filled from among all the candidates for the office, the
37.10 one-half of one percent difference is between the elected
37.11 candidate with the fewest votes and the candidate with the most
37.12 votes from among the candidates who were not elected. In cases
37.13 of offices where two or more seats are being filled from among
37.14 all the candidates for the office, the ten vote difference is
37.15 between the elected candidate with the fewest votes and the
37.16 candidate with the most votes from among the candidates who were
37.17 not elected.
37.18 (d) A recount must not delay any other part of the
37.19 canvass. The results of the recount must be certified by the
37.20 canvassing board as soon as possible.
37.21 (e) Time for notice of a contest for an office which is
37.22 recounted under this section begins to run on certification of
37.23 the results of the recount by the canvassing board.
37.24 (f) A losing candidate may waive a recount required under
37.25 this section by filing a written notice of waiver with the
37.26 canvassing board.
37.27 (g) The county auditor must recount the votes for a county
37.28 office at the expense of the county, the governing body of the
37.29 municipality must recount the votes for a municipal office at
37.30 the expense of the municipality, and the school board of the
37.31 school district must recount the votes for a school district
37.32 office at the expense of the school district.
37.33 Sec. 49. Minnesota Statutes 2002, section 204C.36,
37.34 subdivision 3, is amended to read:
37.35 Subd. 3. [DISCRETIONARY BALLOT QUESTION RECOUNTS.] (a) A
37.36 recount may must be conducted for a ballot question when the
38.1 difference between the votes for and the votes against the
38.2 question is less than or equal to the difference provided in
38.3 subdivision 1. The expenses for the recount must be paid for by
38.4 the political subdivision placing the question on the ballot.
38.5 (b) In other cases, a recount may be requested by any
38.6 person eligible to vote on the ballot question. A written
38.7 request for a recount must be filed with the filing officer of
38.8 the county, municipality, or school district placing the
38.9 question on the ballot and must be accompanied by a petition
38.10 containing the signatures of 25 voters eligible to vote on the
38.11 question. If the difference between the votes for and the votes
38.12 against the question is greater than the difference provided in
38.13 subdivision 1, The person requesting the recount shall also file
38.14 with the filing officer of the county, municipality, or school
38.15 district a bond, cash, or surety in an amount set by the
38.16 appropriate governing body for the payment of recount expenses.
38.17 The written request, petition, and any bond, cash, or surety
38.18 required must be filed during the time for notice of contest for
38.19 the election for which the recount is requested.
38.20 Sec. 50. Minnesota Statutes 2002, section 204C.36, is
38.21 amended by adding a subdivision to read:
38.22 Subd. 6. [SCOPE OF RECOUNT.] A recount conducted as
38.23 provided in this section is limited in scope to the
38.24 determination of the number of votes validly cast for the office
38.25 or question to be recounted. Only the ballots cast in the
38.26 election and the summary statements certified by the election
38.27 judges may be considered in the recount process.
38.28 Sec. 51. Minnesota Statutes 2002, section 204C.361, is
38.29 amended to read:
38.30 204C.361 [RULES FOR RECOUNTS.]
38.31 (a) The secretary of state shall adopt rules according to
38.32 the Administrative Procedure Act establishing uniform recount
38.33 procedures. All recounts provided for by sections 204C.35,
38.34 204C.36, and 206.88, shall be conducted in accordance with these
38.35 rules.
38.36 (b) Notwithstanding Minnesota Rules, part 8235.0800, the
39.1 requirement that ballots be recounted by precinct means that a
39.2 recount official shall maintain the segregation of ballots by
39.3 precinct but the recount official may recount more than one
39.4 precinct at a time in physically separate locations within the
39.5 room in which the recount is administered.
39.6 Sec. 52. Minnesota Statutes 2002, section 204D.14, is
39.7 amended by adding a subdivision to read:
39.8 Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial offices
39.9 for which there is only one candidate must appear after all
39.10 contested judicial offices on the canary ballot.
39.11 Sec. 53. [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.]
39.12 When an official supplemental ballot must be used in a
39.13 general election in accordance with section 204B.41, the
39.14 secretary of state shall supply each auditor with a copy of an
39.15 example supplemental ballot at least three days prior to the
39.16 election. The example supplemental ballot must illustrate the
39.17 format required for the official supplemental ballot.
39.18 The county auditor shall distribute copies of the example
39.19 supplemental ballot to municipal and school district clerks in
39.20 municipalities and school districts holding elections that
39.21 year. The official supplemental ballot must conform in all
39.22 respects to the example supplemental ballot. Failure of the
39.23 official supplemental ballot to conform may be reported by any
39.24 person to the county attorney in the same manner as provided by
39.25 section 201.275.
39.26 Sec. 54. Minnesota Statutes 2002, section 204D.27,
39.27 subdivision 11, is amended to read:
39.28 Subd. 11. [CERTIFICATE OF LEGISLATIVE ELECTION.] A
39.29 certificate of election in a special election for state senator
39.30 or state representative shall be issued by the county auditor or
39.31 the secretary of state to the individual declared elected by the
39.32 county or state canvassing board two days, excluding Sundays and
39.33 legal holidays, after the appropriate canvassing board finishes
39.34 canvassing the returns for the election.
39.35 In case of a contest the certificate shall not be issued
39.36 until the district court determines the contest.
40.1 Sec. 55. Minnesota Statutes 2002, section 205.02,
40.2 subdivision 1, is amended to read:
40.3 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as
40.4 expressly provided in this chapter by law, the provisions of the
40.5 Minnesota Election Law apply to municipal elections, so far as
40.6 practicable.
40.7 Sec. 56. Minnesota Statutes 2002, section 205.075, is
40.8 amended by adding a subdivision to read:
40.9 Subd. 3. [MORE THAN ONE SEAT TO BE FILLED AT ANY
40.10 ELECTION.] A candidate filing for town supervisor when more than
40.11 one seat is to be filled at an election held under subdivision 2
40.12 must designate when filing the specific seat which the candidate
40.13 is seeking.
40.14 Sec. 57. Minnesota Statutes 2002, section 205.16,
40.15 subdivision 4, is amended to read:
40.16 Subd. 4. [NOTICE TO AUDITOR.] At least 49 53 days prior to
40.17 every municipal election, the municipal clerk shall provide a
40.18 written notice to the county auditor, including the date of the
40.19 election, the offices to be voted on at the election, and the
40.20 title and language for each ballot question to be voted on at
40.21 the election.
40.22 Sec. 58. Minnesota Statutes 2002, section 205.16, is
40.23 amended by adding a subdivision to read:
40.24 Subd. 5. [NOTICE TO SECRETARY OF STATE.] At least 46 days
40.25 prior to every municipal election for which a notice is provided
40.26 to the county auditor under subdivision 4, the county auditor
40.27 shall provide a notice of the election to the secretary of
40.28 state, in a manner and including information prescribed by the
40.29 secretary of state.
40.30 Sec. 59. Minnesota Statutes 2002, section 205.185,
40.31 subdivision 2, is amended to read:
40.32 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall
40.33 be by secret ballot and shall be held and the returns made in
40.34 the manner provided for the state general election, so far as
40.35 practicable except as expressly provided by law.
40.36 Sec. 60. Minnesota Statutes 2002, section 205.185,
41.1 subdivision 3, is amended to read:
41.2 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION,
41.3 BALLOTS, DISPOSITION.] (a) Within seven days after an election,
41.4 the governing body of a city conducting any election including a
41.5 special municipal election, or the governing body of a town
41.6 conducting the general election in November shall act as the
41.7 canvassing board, canvass the returns, and declare the results
41.8 of the election. The governing body of a town conducting the
41.9 general election in March shall act as the canvassing board,
41.10 canvass the returns, and declare the results of the election
41.11 within two days after an election.
41.12 (b) After the time for contesting elections has passed, the
41.13 municipal clerk shall issue a certificate of election to each
41.14 successful candidate. In case of a contest, the certificate
41.15 shall not be issued until the outcome of the contest has been
41.16 determined by the proper court.
41.17 (c) In case of a tie vote, the governing body canvassing
41.18 board having jurisdiction over the municipality shall determine
41.19 the result by lot. The clerk canvassing board shall certify the
41.20 results of the election to the county auditor, and the clerk
41.21 shall be the final custodian of the ballots and the returns of
41.22 the election.
41.23 Sec. 61. Minnesota Statutes 2002, section 205A.02, is
41.24 amended to read:
41.25 205A.02 [ELECTION LAW APPLICABLE.]
41.26 Except as expressly provided in this chapter by law, the
41.27 Minnesota Election Law applies to school district elections, as
41.28 far as practicable. Elections in common school districts shall
41.29 be governed by section 123B.94.
41.30 Sec. 62. Minnesota Statutes 2002, section 205A.07,
41.31 subdivision 3, is amended to read:
41.32 Subd. 3. [NOTICE TO AUDITOR.] At least 49 53 days prior to
41.33 every school district election, the school district clerk shall
41.34 provide a written notice to the county auditor of each county in
41.35 which the school district is located. The notice must include
41.36 the date of the election, the offices to be voted on at the
42.1 election, and the title and language for each ballot question to
42.2 be voted on at the election. For the purposes of meeting the
42.3 timelines of this section, in a bond election, a notice,
42.4 including a proposed question, may be provided to the county
42.5 auditor prior to receipt of a review and comment from the
42.6 commissioner of children, families, and learning and prior to
42.7 actual initiation of the election.
42.8 Sec. 63. Minnesota Statutes 2002, section 205A.07, is
42.9 amended by adding a subdivision to read:
42.10 Subd. 3a. [NOTICE TO SECRETARY OF STATE.] At least 46 days
42.11 prior to every school district election for which a notice is
42.12 provided to the county auditor under subdivision 3, the county
42.13 auditor shall provide a notice of the election to the secretary
42.14 of state, in a manner and including information prescribed by
42.15 the secretary of state.
42.16 Sec. 64. Minnesota Statutes 2002, section 206.58,
42.17 subdivision 1, is amended to read:
42.18 Subdivision 1. [MUNICIPALITIES.] The governing body of a
42.19 municipality, at a regular meeting or at a special meeting
42.20 called for the purpose, may provide for the use of an electronic
42.21 voting system in one or more precincts and at all elections in
42.22 the precincts, subject to approval by the county auditor. If
42.23 the use of an electronic voting system is approved, only a
42.24 system approved by the secretary of state for standard and
42.25 uniform statewide use may be purchased, adopted, or used. The
42.26 governing body shall disseminate information to the public about
42.27 the use of a new voting system at least 60 days prior to the
42.28 election and shall provide for instruction of voters with a
42.29 demonstration voting system in a public place for the six weeks
42.30 immediately prior to the first election at which the new voting
42.31 system will be used.
42.32 No system may be adopted or used unless it has been
42.33 approved by the secretary of state pursuant to section 206.57.
42.34 Sec. 65. Minnesota Statutes 2002, section 206.81, is
42.35 amended to read:
42.36 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]
43.1 (a) The secretary of state may license an electronic voting
43.2 system for experimental use at an election prior to its approval
43.3 for general use.
43.4 (b) The secretary of state must license one or more
43.5 touch-sensitive direct recording electronic voting systems for
43.6 experimental use at an election before their approval for
43.7 general use and may impose restrictions on their use. At least
43.8 one voting system licensed under this paragraph must permit
43.9 sighted persons to vote and at least one system must permit a
43.10 blind or visually impaired voter to cast a ballot independently
43.11 and privately. The secretary of state must not adopt any direct
43.12 electronic recording voting system inconsistent with section
43.13 301(a)(2) of the Help America Vote Act of 2002, Public Law
43.14 107-252. The secretary of state may experimentally use the
43.15 system at any election held at the same time as the state
43.16 primary or general election or at any municipal election.
43.17 (c) Experimental use must be observed by the secretary of
43.18 state or the secretary's designee and the results observed must
43.19 be considered at any subsequent proceedings for approval for
43.20 general use.
43.21 (d) The secretary of state may adopt rules consistent with
43.22 sections 206.55 to 206.90 relating to experimental use. The
43.23 extent of experimental use must be determined by the secretary
43.24 of state.
43.25 Sec. 66. Minnesota Statutes 2002, section 206.90,
43.26 subdivision 6, is amended to read:
43.27 Subd. 6. [BALLOTS.] In precincts using optical scan voting
43.28 systems, a single ballot card on which all ballot information is
43.29 included must be printed in black ink on white colored material
43.30 except that marks not to be read by the automatic tabulating
43.31 equipment may be printed in another color ink.
43.32 On the front of the ballot must be printed the words
43.33 "Official Ballot" and the date of the election and lines for the
43.34 initials of at least two election judges.
43.35 When optical scan ballots are used, the offices to be
43.36 elected must appear in the following order: federal offices;
44.1 state legislative offices; constitutional offices; proposed
44.2 constitutional amendments; county offices and questions;
44.3 municipal offices and questions; school district offices and
44.4 questions; special district offices and questions; and judicial
44.5 offices.
44.6 On optical scan ballots, the names of candidates and the
44.7 words "yes" and "no" for ballot questions must be printed as
44.8 close to their corresponding vote targets as possible.
44.9 The line on an optical scan ballot for write-in votes must
44.10 contain the words "write-in, if any."
44.11 If a primary ballot contains both a partisan ballot and a
44.12 nonpartisan ballot, the instructions to voters must include a
44.13 statement that reads substantially as follows: "THIS BALLOT
44.14 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON
44.15 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
44.16 ONE POLITICAL PARTY ONLY." If a primary ballot contains
44.17 political party columns on both sides of the ballot, the
44.18 instructions to voters must include a statement that reads
44.19 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
44.20 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE
44.21 POLITICAL PARTY ONLY." At the bottom of each political party
44.22 column on the primary ballot, the ballot must contain a
44.23 statement that reads substantially as follows: "CONTINUE VOTING
44.24 ON THE NONPARTISAN BALLOT." The instructions in section
44.25 204D.08, subdivision 4, do not apply to optical scan partisan
44.26 primary ballots.
44.27 Sec. 67. Minnesota Statutes 2002, section 211A.02, is
44.28 amended by adding a subdivision to read:
44.29 Subd. 5. [ELECTRONIC REPORTING.] The reports required by
44.30 this section may be filed electronically, subject to the
44.31 approval of the filing officer.
44.32 Sec. 68. Minnesota Statutes 2002, section 351.01,
44.33 subdivision 4, is amended to read:
44.34 Subd. 4. [WITHDRAWAL OF RESIGNATION.] A prospective
44.35 resignation permitted by subdivision 3 may only be withdrawn by
44.36 a written statement signed by the officer and submitted in the
45.1 same manner as the resignation, and may only be withdrawn before
45.2 it has been accepted by resolution of the body or board
45.3 or before a written acceptance of the resignation by an officer
45.4 authorized to receive it.
45.5 Sec. 69. Minnesota Statutes 2002, section 365.51,
45.6 subdivision 3, is amended to read:
45.7 Subd. 3. [OFFICERS; OTHER BUSINESS.] An annual town
45.8 election shall be held on the same day as the annual town
45.9 meeting to elect all town officers required by law to be elected
45.10 and to consider ballot questions, except as provided in section
45.11 205.075, subdivision 2. Other town business shall be conducted
45.12 at the town meeting as provided by law.
45.13 Sec. 70. Minnesota Statutes 2002, section 367.12, is
45.14 amended to read:
45.15 367.12 [DEPUTY CLERK.]
45.16 Each town clerk may appoint a deputy, for whose acts the
45.17 clerk shall be responsible, and who, in the clerk's absence or
45.18 disability, shall perform the clerk's duties. If a town clerk
45.19 has not appointed a deputy, the town treasurer shall perform the
45.20 duties of the clerk relating to receiving candidate filings when
45.21 the clerk is absent.
45.22 Sec. 71. Minnesota Statutes 2002, section 375.101,
45.23 subdivision 1, is amended to read:
45.24 Subdivision 1. [ELECTION IN 30 TO 60 DAYS.] Except as
45.25 provided in subdivision 3, a vacancy in the office of county
45.26 commissioner, for reasons other than death, shall be filled at a
45.27 special election not less than 30 nor more than 60 days after
45.28 the vacancy occurs. A vacancy resulting from death shall be
45.29 filled at a special election not less than 30 nor more than 90
45.30 days after the vacancy occurs. The special primary or special
45.31 election may be held on the same day as a regular primary or
45.32 regular election but the special election shall be held not less
45.33 than 14 days after the special primary. The person elected at
45.34 the special election shall take office immediately after receipt
45.35 of the certificate of election and upon filing the bond and
45.36 taking the oath of office and shall serve the remainder of the
46.1 unexpired term. If the county has been reapportioned since the
46.2 commencement of the term of the vacant office, the election
46.3 shall be based on the district as reapportioned.
46.4 Sec. 72. Minnesota Statutes 2002, section 414.041,
46.5 subdivision 1, is amended to read:
46.6 Subdivision 1. [INITIATING THE PROCEEDING.] (a) Two or
46.7 more municipalities may be the subject of a single proceeding
46.8 provided that each municipality abuts at least one of the
46.9 included municipalities.
46.10 (b) The proceeding shall be initiated in one of the
46.11 following ways:
46.12 (1) submitting to the director a resolution of the city
46.13 council of each affected municipality;
46.14 (2) submitting to the director a petition signed by a
46.15 number of residents eligible to vote equivalent to five percent
46.16 or more of the resident voters of a municipality who voted for
46.17 governor at the last general election; or
46.18 (3) by the director.
46.19 (c) The petition or resolution shall set forth the
46.20 following information about each included municipality: name,
46.21 description of boundaries, the reasons for requesting the
46.22 consolidation and the names of all parties entitled to mailed
46.23 notice under section 414.09.
46.24 (d) The party initiating the proceeding shall serve copies
46.25 of the petition or resolution on all of the included
46.26 municipalities.
46.27 Sec. 73. Minnesota Statutes 2002, section 447.32,
46.28 subdivision 3, is amended to read:
46.29 Subd. 3. [ELECTION NOTICES.] At least two weeks before the
46.30 first day to file affidavits of candidacy, the clerk of the
46.31 district shall publish a notice stating the first and last day
46.32 on which affidavits of candidacy may be filed, the places for
46.33 filing the affidavits and the closing time of the last day for
46.34 filing. The clerk shall post a similar notice in at least one
46.35 conspicuous place in each city and town in the district at least
46.36 ten days before the first day to file affidavits of candidacy.
47.1 At least 53 days prior to every hospital district election,
47.2 the hospital district clerk shall provide a written notice to
47.3 the county auditor of each county in which the hospital district
47.4 is located. The notice must include the date of the election,
47.5 the offices to be voted on at the election, and the title and
47.6 language for each ballot question to be voted on at the
47.7 election. At least 46 days before a hospital district election
47.8 for which a notice is provided to the county auditor under this
47.9 subdivision, the county auditor shall provide a notice to the
47.10 secretary of state, in a manner and including information
47.11 prescribed by the secretary of state.
47.12 The notice of each election must be posted in at least one
47.13 public and conspicuous place within each city and town included
47.14 in the district at least ten days before the election. It must
47.15 be published in the official newspaper of the district or, if a
47.16 paper has not been designated, in a legal newspaper having
47.17 general circulation within the district, at least two weeks
47.18 before the election. Failure to give notice does not invalidate
47.19 the election of an officer of the district. A voter may contest
47.20 a hospital district election in accordance with chapter 209.
47.21 Chapter 209 applies to hospital district elections.
47.22 Sec. 74. Minnesota Statutes 2002, section 447.32,
47.23 subdivision 4, is amended to read:
47.24 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A
47.25 person who wants to be a candidate for the hospital board shall
47.26 file an affidavit of candidacy for the election either as member
47.27 at large or as a member representing the city or town where the
47.28 candidate resides. The affidavit of candidacy must be filed
47.29 with the city or town clerk not more than ten weeks nor less
47.30 than eight weeks before the Tuesday after the second Monday in
47.31 September of the year in which the general election is held.
47.32 The city or town clerk must forward the affidavits of candidacy
47.33 to the clerk of the hospital district or, for the first
47.34 election, the clerk of the most populous city or town
47.35 immediately after the last day of the filing period. A
47.36 candidate may withdraw from the election by filing an affidavit
48.1 of withdrawal with the clerk of the district no later than 5:00
48.2 p.m. two days after the last day to file affidavits of candidacy.
48.3 Voting must be by secret ballot. The clerk shall prepare,
48.4 at the expense of the district, necessary ballots for the
48.5 election of officers. Ballots must be printed on tan paper and
48.6 prepared as provided in the rules of the secretary of state.
48.7 The ballots must be marked and initialed by at least two judges
48.8 as official ballots and used exclusively at the election. Any
48.9 proposition to be voted on may be printed on the ballot provided
48.10 for the election of officers. The hospital board may also
48.11 authorize the use of voting systems subject to chapter 206.
48.12 Enough election judges may be appointed to receive the votes at
48.13 each polling place. The election judges shall act as clerks of
48.14 election, count the ballots cast, and submit them to the board
48.15 for canvass.
48.16 After canvassing the election, the board shall issue a
48.17 certificate of election to the candidate who received the
48.18 largest number of votes cast for each office. The clerk shall
48.19 deliver the certificate to the person entitled to it in person
48.20 or by certified mail. Each person certified shall file an
48.21 acceptance and oath of office in writing with the clerk within
48.22 30 days after the date of delivery or mailing of the
48.23 certificate. The board may fill any office as provided in
48.24 subdivision 1 if the person elected fails to qualify within 30
48.25 days, but qualification is effective if made before the board
48.26 acts to fill the vacancy.
48.27 Sec. 75. [EMERGENCY PROCEDURES.]
48.28 The secretary of state shall develop alternate methods for
48.29 handling absentee ballots during periods of declared national or
48.30 state emergency as described by Minnesota Statutes, section
48.31 12.31, and shall report to the legislature on the methods by
48.32 January 15, 2004.
48.33 Sec. 76. [EFFECTIVE DATE.]
48.34 2003 Senate File No. 112, article 2, sections 2 and 3, are
48.35 effective August 1, 2004. This provision supersedes any
48.36 inconsistent provision of S. F. No. 112 or other law regardless
49.1 of the order of enactment of this provision and such
49.2 inconsistent provision of S. F. No. 112 or other law.