1.1                          A bill for an act 
  1.2             relating to elections; changing certain deadlines, 
  1.3             procedures, requirements, and provisions; amending 
  1.4             Minnesota Statutes 2002, sections 201.171; 202A.14, 
  1.5             subdivision 3; 204B.14, subdivision 2; 204B.16, 
  1.6             subdivision 1; 204B.21, subdivision 1; 204B.25, 
  1.7             subdivision 1; 204B.34, subdivision 3; 204B.36, 
  1.8             subdivision 4; 204B.41; 204C.06, subdivision 2; 
  1.9             204C.07, subdivision 4; 204C.19, subdivision 1; 
  1.10            204C.35, by adding a subdivision; 204C.36, by adding a 
  1.11            subdivision; 205.10, subdivision 3; 205.13, 
  1.12            subdivision 1a; 205.16, subdivision 4; 205A.05, 
  1.13            subdivision 1; 205A.06, subdivision 1a; 205A.07, 
  1.14            subdivision 3; 206.58, subdivision 1; 211A.02, by 
  1.15            adding a subdivision; 447.32, subdivisions 2, 3, 4.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 201.171, is 
  1.18  amended to read: 
  1.19     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
  1.20  REGISTRATION REMOVED.] 
  1.21     Within six No later than 12 weeks after the state general 
  1.22  election and no later than eight weeks after every other 
  1.23  election, the county auditor in counties with 30,000 or more 
  1.24  registered voters shall post the voting history for every person 
  1.25  who voted in the election.  For all other counties, the voting 
  1.26  history for every person who voted in the election must be 
  1.27  posted within six weeks.  After the close of the calendar year, 
  1.28  the secretary of state shall determine if any registrants have 
  1.29  not voted during the preceding four years and shall change the 
  1.30  status of those registrants to "inactive" in the statewide 
  2.1   registration system.  The secretary of state shall also prepare 
  2.2   a report to the county auditor containing the names of all 
  2.3   registrants whose status was changed to "inactive." 
  2.4      Although not counted in an election, a late or rejected 
  2.5   absentee ballot must be considered a vote for the purpose of 
  2.6   continuing registration.  
  2.7      Sec. 2.  Minnesota Statutes 2002, section 202A.14, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [NOTICE.] The county or legislative district 
  2.10  chair shall give at least six days' published notice of the 
  2.11  holding of the precinct caucus, stating the place, date, and 
  2.12  time for holding the caucus, and shall deliver the same 
  2.13  information to the city clerk and county auditor at least 20 
  2.14  days before the precinct caucus.  The county auditor shall make 
  2.15  this information available at least ten days before the date of 
  2.16  the caucuses to persons who request it.  
  2.17     Sec. 3.  Minnesota Statutes 2002, section 204B.14, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
  2.20  The following shall constitute at least one election precinct:  
  2.21     (1) each city ward; and 
  2.22     (2) each town and each statutory city.  
  2.23     (b) A single, accessible, combined polling place may be 
  2.24  established no later than June 1 of any year: 
  2.25     (1) for any city of the third or fourth class, any town, or 
  2.26  any city having territory in more than one county, in which all 
  2.27  the voters of the city or town shall cast their ballots; 
  2.28     (2) for two contiguous precincts in the same municipality 
  2.29  that have a combined total of fewer than 500 registered 
  2.30  voters or in which the smaller of the two precincts has fewer 
  2.31  than 100 registered voters; or 
  2.32     (3) for up to four contiguous municipalities located 
  2.33  entirely outside the metropolitan area, as defined by section 
  2.34  473.121, subdivision 2, that are contained in the same county. 
  2.35     A copy of the ordinance or resolution establishing a 
  2.36  combined polling place must be filed with the county auditor 
  3.1   within 30 days after approval by the governing body.  A polling 
  3.2   place combined under clause (3) must be approved by the 
  3.3   governing body of each participating municipality.  A 
  3.4   municipality withdrawing from participation in a combined 
  3.5   polling place must do so by filing a resolution of withdrawal 
  3.6   with the county auditor no later than May 1 of any year. 
  3.7      The secretary of state shall provide a separate polling 
  3.8   place roster for each precinct served by the combined polling 
  3.9   place.  A single set of election judges may be appointed to 
  3.10  serve at a combined polling place.  The number of election 
  3.11  judges required must be based on the total number of persons 
  3.12  voting at the last similar election in all precincts to be 
  3.13  voting at the combined polling place.  Separate ballot boxes 
  3.14  must be provided for the ballots from each precinct.  The 
  3.15  results of the election must be reported separately for each 
  3.16  precinct served by the combined polling place, except in a 
  3.17  polling place established under clause (2) where one of the 
  3.18  precincts has fewer than ten registered voters, in which case 
  3.19  the results of that precinct must be reported in the manner 
  3.20  specified by the secretary of state.  
  3.21     Sec. 4.  Minnesota Statutes 2002, section 204B.16, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [AUTHORITY; LOCATION.] The governing body 
  3.24  of each municipality and of each county with precincts in 
  3.25  unorganized territory shall designate by ordinance or resolution 
  3.26  a polling place for each election precinct.  Polling places must 
  3.27  be designated and ballots must be distributed so that no one is 
  3.28  required to go to more than one polling place to vote in a 
  3.29  school district and municipal election held on the same day.  
  3.30  The polling place for a precinct in a city or in a school 
  3.31  district located in whole or in part in the metropolitan area 
  3.32  defined by section 473.121 shall be located within the 
  3.33  boundaries of the precinct or within 3,000 feet of one of those 
  3.34  boundaries unless a single polling place is designated for a 
  3.35  city pursuant to section 204B.14, subdivision 2, or a school 
  3.36  district pursuant to section 205A.11.  If an accessible polling 
  4.1   place cannot be designated within 3,000 feet of a precinct 
  4.2   boundary, the governing body, with the approval of the county 
  4.3   auditor, may designate the polling place at another location in 
  4.4   the same municipality.  The polling place for a precinct in 
  4.5   unorganized territory may be located outside the precinct at a 
  4.6   place which is convenient to the voters of the precinct.  If no 
  4.7   suitable place is available within a town or within a school 
  4.8   district located outside the metropolitan area defined by 
  4.9   section 473.121, then the polling place for a town or school 
  4.10  district may be located outside the town or school district 
  4.11  within five miles of one of the boundaries of the town or school 
  4.12  district. 
  4.13     Sec. 5.  Minnesota Statutes 2002, section 204B.21, 
  4.14  subdivision 1, is amended to read: 
  4.15     Subdivision 1.  [APPOINTMENT LISTS; DUTIES OF POLITICAL 
  4.16  PARTIES AND COUNTY AUDITOR.] On July May 1 in a year in which 
  4.17  there is an election for a partisan political office, the county 
  4.18  or legislative district chairs of each major political party, 
  4.19  whichever is designated by the state party, shall prepare a list 
  4.20  of eligible voters who have stated in writing an interest in 
  4.21  seeking appointment to act as election judges in each election 
  4.22  precinct in the county or legislative district.  The chairs 
  4.23  shall furnish the lists to the county auditor of the county in 
  4.24  which the precinct is located.  
  4.25     By July May 15, the county auditor shall furnish to the 
  4.26  appointing authorities a list of the appropriate names for each 
  4.27  election precinct in the jurisdiction of the appointing 
  4.28  authority.  Separate lists shall be submitted by the county 
  4.29  auditor for each major political party.  
  4.30     Sec. 6.  Minnesota Statutes 2002, section 204B.25, 
  4.31  subdivision 1, is amended to read: 
  4.32     Subdivision 1.  [DUTIES OF COUNTY AUDITOR.] Each county 
  4.33  auditor shall provide training for all election judges who are 
  4.34  appointed to serve at any election to be held in the county.  
  4.35  The county auditor shall also provide a procedure for emergency 
  4.36  training of election judges elected to fill vacancies.  The 
  5.1   county auditor may delegate to a municipal election official the 
  5.2   duty to provide training of election judges in that municipality 
  5.3   or school district.  If requested by a school district, the 
  5.4   county auditor may delegate to a school district election 
  5.5   official the duty to provide training of election judges in that 
  5.6   school district. 
  5.7      Sec. 7.  Minnesota Statutes 2002, section 204B.34, 
  5.8   subdivision 3, is amended to read: 
  5.9      Subd. 3.  [JUDICIAL ELECTIONS.] When one or more justices 
  5.10  of the supreme court or judges of the court of appeals or of a 
  5.11  district court are to be nominated at the same primary or 
  5.12  elected at the same general election, the notice of election 
  5.13  shall state the name of each justice or judge whose successor is 
  5.14  to be nominated or elected seat number assigned to each office.  
  5.15     Sec. 8.  Minnesota Statutes 2002, section 204B.36, 
  5.16  subdivision 4, is amended to read: 
  5.17     Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
  5.18  contain the names of all candidates for each judicial office and 
  5.19  shall state the number of those candidates for whom a voter may 
  5.20  vote.  Each seat for an associate justice, associate judge, or 
  5.21  judge of the district court must be numbered.  The words 
  5.22  "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 
  5.23  COURT" must be printed above the respective judicial office 
  5.24  groups on the ballot.  The title of each judicial office shall 
  5.25  be printed on the official primary and general election ballot 
  5.26  as follows:  
  5.27     (a) In the case of the supreme court:  
  5.28     "Chief justice - supreme court"; 
  5.29     "Associate justice (number) - supreme court" 
  5.30     (b) In the case of the court of appeals:  
  5.31     "Judge (number) - court of appeals"; or 
  5.32     (c) In the case of the district court:  
  5.33     "Judge (number) - (number) district court." 
  5.34     Sec. 9.  Minnesota Statutes 2002, section 204B.41, is 
  5.35  amended to read: 
  5.36     204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
  6.1      When a vacancy in nomination occurs through the death or 
  6.2   catastrophic illness of a candidate after the 16th day before 
  6.3   the general election, the officer in charge of preparing the 
  6.4   ballots shall prepare and distribute a sufficient number of 
  6.5   separate paper ballots which shall be headed with the words 
  6.6   "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
  6.7   title of the office for which the vacancy in nomination has been 
  6.8   filled and the names of all the candidates nominated for that 
  6.9   office.  The ballot shall conform to the provisions governing 
  6.10  the printing of other official ballots as far as practicable.  
  6.11  The title of the office and the names of the candidates for that 
  6.12  office shall be blotted out or stricken from the regular ballots 
  6.13  by the election judges.  The official supplemental ballot shall 
  6.14  be given to each voter when the voter is given the regular 
  6.15  ballot or is directed to the voting machine.  Regular ballots 
  6.16  shall not be changed nor shall official supplemental ballots be 
  6.17  prepared as provided in this section during the three calendar 
  6.18  days before an election.  Absentee ballots that have been mailed 
  6.19  prior to the preparation of official supplemental ballots shall 
  6.20  be counted in the same manner as if the vacancy had not 
  6.21  occurred.  Official supplemental ballots shall not be mailed to 
  6.22  absent voters to whom ballots were mailed before the official 
  6.23  supplemental ballots were prepared.  Replacement supplemental 
  6.24  ballots must be provided to absentee voters or voters residing 
  6.25  in precincts voting by mail who indicate that their original 
  6.26  ballots are spoiled.  The election judges conducting absentee 
  6.27  voting in health care facilities as provided in section 203B.11, 
  6.28  subdivision 1, must deliver replacement ballots to those 
  6.29  facilities no later than 5:00 p.m. on the day before the 
  6.30  election. 
  6.31     Sec. 10.  Minnesota Statutes 2002, section 204C.06, 
  6.32  subdivision 2, is amended to read: 
  6.33     Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 
  6.34  Representatives of the secretary of state's office, the county 
  6.35  auditor's office, and the municipal or school district clerk's 
  6.36  office may be present at the polling place to observe election 
  7.1   procedures.  Except for these representatives, election judges, 
  7.2   sergeants-at-arms, and challengers, an individual may remain 
  7.3   inside the polling place during voting hours only while voting 
  7.4   or registering to vote, providing proof of residence for an 
  7.5   individual who is registering to vote, or assisting a 
  7.6   handicapped voter or a voter who is unable to read English.  
  7.7   During voting hours no one except individuals receiving, 
  7.8   marking, or depositing ballots shall approach within six feet of 
  7.9   a voting booth, unless lawfully authorized to do so by an 
  7.10  election judge.  
  7.11     (b) Teachers and elementary or secondary school students 
  7.12  participating in an educational activity authorized by section 
  7.13  204B.27, subdivision 7, may be present at the polling place 
  7.14  during voting hours. 
  7.15     (c) Representatives of the news media may be present at the 
  7.16  polling place during voting hours in order to observe the voting 
  7.17  process, subject to any reasonable conditions imposed by the 
  7.18  official in charge of the polling place.  Media representatives 
  7.19  must present identification to the head election judge upon 
  7.20  entering the polling place for this purpose and must not 
  7.21  otherwise approach within six feet of an election judge, voter, 
  7.22  or voting booth or converse with a voter while in the polling 
  7.23  place. 
  7.24     Sec. 11.  Minnesota Statutes 2002, section 204C.07, 
  7.25  subdivision 4, is amended to read: 
  7.26     Subd. 4.  [RESTRICTIONS ON CONDUCT.] The election judges 
  7.27  shall permit challengers appointed pursuant to this section to 
  7.28  be present in the polling place during the hours of voting and 
  7.29  to remain there until the votes are counted and the results 
  7.30  declared.  No challenger shall handle or inspect registration 
  7.31  cards, files, or lists.  Challengers shall not prepare in any 
  7.32  manner any list of individuals who have or have not voted or the 
  7.33  number of persons who have or have not voted.  They shall not 
  7.34  attempt to influence voting in any manner.  They must remain in 
  7.35  the area designated by the head election judge and shall not 
  7.36  converse with a voter except to determine, in the presence of an 
  8.1   election judge, whether the voter is eligible to vote in the 
  8.2   precinct.  
  8.3      Sec. 12.  Minnesota Statutes 2002, section 204C.19, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [PROCEDURE.] When the hours for voting have 
  8.6   ended and all voting has concluded, the election judges shall 
  8.7   immediately count the votes cast at the election.  The count 
  8.8   shall be held at the polling place and shall be public.  It 
  8.9   shall be continued without intermission until it is completed 
  8.10  and the results are declared, except that the election judges 
  8.11  may recess for meals or other necessary purposes.  No one may 
  8.12  approach within six feet of the election judges or converse with 
  8.13  the election judges while ballots are being counted.  During the 
  8.14  count no one except the election judges shall handle the 
  8.15  ballots.  Any other individual who touches or interferes with 
  8.16  ballots during the counting or any election judge who permits 
  8.17  such touching or interference is guilty of a misdemeanor.  
  8.18     Sec. 13.  Minnesota Statutes 2002, section 204C.35, is 
  8.19  amended by adding a subdivision to read: 
  8.20     Subd. 3.  [SCOPE OF RECOUNT.] A recount conducted as 
  8.21  provided in this section is limited in scope to the 
  8.22  determination of the number of votes validly cast for the office 
  8.23  to be recounted.  Only the ballots cast in the election and the 
  8.24  summary statements certified by the election judges may be 
  8.25  considered in the recount process. 
  8.26     Sec. 14.  Minnesota Statutes 2002, section 204C.36, is 
  8.27  amended by adding a subdivision to read: 
  8.28     Subd. 6.  [SCOPE OF RECOUNT.] A recount conducted as 
  8.29  provided in this section is limited in scope to the 
  8.30  determination of the number of votes validly cast for the office 
  8.31  or question to be recounted.  Only the ballots cast in the 
  8.32  election and the summary statements certified by the election 
  8.33  judges may be considered in the recount process. 
  8.34     Sec. 15.  Minnesota Statutes 2002, section 205.10, 
  8.35  subdivision 3, is amended to read: 
  8.36     Subd. 3.  [PROHIBITION.] No special election authorized 
  9.1   under subdivision 1 may be held within 40 days after the state 
  9.2   general election during the 30 days before a regularly scheduled 
  9.3   election or the time periods provided for posting voter history 
  9.4   in section 201.171 for a regularly scheduled election. 
  9.5      Sec. 16.  Minnesota Statutes 2002, section 205.13, 
  9.6   subdivision 1a, is amended to read: 
  9.7      Subd. 1a.  [FILING PERIOD.] In municipalities nominating 
  9.8   candidates at a municipal primary, An affidavit of candidacy for 
  9.9   a city office or town office voted on in November must be filed 
  9.10  not more than 70 days nor less than 56 days before the first 
  9.11  Tuesday after the second Monday in September preceding the 
  9.12  municipal general election.  In all other municipalities, an 
  9.13  affidavit of candidacy must be filed not more than 70 days and 
  9.14  not less than 56 days before the municipal general election. 
  9.15     Sec. 17.  Minnesota Statutes 2002, section 205.16, 
  9.16  subdivision 4, is amended to read: 
  9.17     Subd. 4.  [NOTICE TO AUDITOR.] At least 49 56 days prior to 
  9.18  every municipal election, the municipal clerk shall provide a 
  9.19  written notice to the county auditor, including the date of the 
  9.20  election, the offices to be voted on at the election, and the 
  9.21  title and language for each ballot question to be voted on at 
  9.22  the election. 
  9.23     Sec. 18.  Minnesota Statutes 2002, section 205A.05, 
  9.24  subdivision 1, is amended to read: 
  9.25     Subdivision 1.  [QUESTIONS.] Special elections must be held 
  9.26  for a school district on a question on which the voters are 
  9.27  authorized by law to pass judgment.  The school board may on its 
  9.28  own motion call a special election to vote on any matter 
  9.29  requiring approval of the voters of a district.  Upon petition 
  9.30  of 50 or more voters of the school district or five percent of 
  9.31  the number of voters voting at the preceding regular school 
  9.32  district election, the school board shall by resolution call a 
  9.33  special election to vote on any matter requiring approval of the 
  9.34  voters of a district.  A question is carried only with the 
  9.35  majority in its favor required by law.  The election officials 
  9.36  for a special election are the same as for the most recent 
 10.1   school district general election unless changed according to 
 10.2   law.  Otherwise, special elections must be conducted and the 
 10.3   returns made in the manner provided for the school district 
 10.4   general election.  A special election may not be held during the 
 10.5   30 days before and the 30 days after the state primary, during 
 10.6   the 30 days before and the 40 days after the state general 
 10.7   election.  In addition, a special election may not be held 
 10.8   during the 20 days before and the 20 days after any regularly 
 10.9   scheduled election of a municipality wholly or partially within 
 10.10  the school district a regularly scheduled election and during 
 10.11  the time periods provided for posting voter history in section 
 10.12  201.171 for a regularly scheduled election.  Notwithstanding any 
 10.13  other law to the contrary, the time period in which a special 
 10.14  election must be conducted under any other law may be extended 
 10.15  by the school board to conform with the requirements of this 
 10.16  subdivision. 
 10.17     Sec. 19.  Minnesota Statutes 2002, section 205A.06, 
 10.18  subdivision 1a, is amended to read: 
 10.19     Subd. 1a.  [FILING PERIOD.] In school districts nominating 
 10.20  candidates at a school district primary, Affidavits of candidacy 
 10.21  may be filed with the school district clerk no earlier than the 
 10.22  70th day and no later than the 56th day before the first Tuesday 
 10.23  after the second Monday in September in the year when the school 
 10.24  district general election is held.  In all other school 
 10.25  districts, affidavits of candidacy must be filed not more than 
 10.26  70 days and not less than 56 days before the school district 
 10.27  general election. 
 10.28     Sec. 20.  Minnesota Statutes 2002, section 205A.07, 
 10.29  subdivision 3, is amended to read: 
 10.30     Subd. 3.  [NOTICE TO AUDITOR.] At least 49 56 days prior to 
 10.31  every school district election, the school district clerk shall 
 10.32  provide a written notice to the county auditor of each county in 
 10.33  which the school district is located.  The notice must include 
 10.34  the date of the election, the offices to be voted on at the 
 10.35  election, and the title and language for each ballot question to 
 10.36  be voted on at the election.  For the purposes of meeting the 
 11.1   timelines of this section, in a bond election, a notice, 
 11.2   including a proposed question, may be provided to the county 
 11.3   auditor prior to receipt of a review and comment from the 
 11.4   commissioner of children, families, and learning and prior to 
 11.5   actual initiation of the election. 
 11.6      Sec. 21.  Minnesota Statutes 2002, section 206.58, 
 11.7   subdivision 1, is amended to read: 
 11.8      Subdivision 1.  [MUNICIPALITIES.] The governing body of a 
 11.9   municipality, at a regular meeting or at a special meeting 
 11.10  called for the purpose, may provide for the use of an electronic 
 11.11  voting system in one or more precincts and at all elections in 
 11.12  the precincts, subject to approval by the county auditor.  The 
 11.13  governing body shall disseminate information to the public about 
 11.14  the use of a new voting system at least 60 30 days prior to the 
 11.15  election and shall provide for instruction of voters with a 
 11.16  demonstration voting system in a public place for the six weeks 
 11.17  30 days immediately prior to the first election at which the new 
 11.18  voting system will be used.  
 11.19     No system may be adopted or used unless it has been 
 11.20  approved by the secretary of state pursuant to section 206.57. 
 11.21     Sec. 22.  Minnesota Statutes 2002, section 211A.02, is 
 11.22  amended by adding a subdivision to read: 
 11.23     Subd. 5.  [ELECTRONIC REPORTING.] The reports required by 
 11.24  this section may be filed electronically, subject to the 
 11.25  approval of the filing officer. 
 11.26     Sec. 23.  Minnesota Statutes 2002, section 447.32, 
 11.27  subdivision 2, is amended to read: 
 11.28     Subd. 2.  [ELECTIONS.] Except as provided in this chapter, 
 11.29  the Minnesota Election Law applies to hospital district 
 11.30  elections, as far as practicable.  Regular elections must be 
 11.31  held in each hospital district at the same time, in the same 
 11.32  election precincts, and at the same polling places as general 
 11.33  elections of state and county officers.  It may establish the 
 11.34  whole district as a single election precinct or establish two or 
 11.35  more different election precincts and polling places for the 
 11.36  elections.  If there is more than one precinct, the boundaries 
 12.1   of the election precincts and the locations of the polling 
 12.2   places must be defined in the notice of election, either in full 
 12.3   or by reference to a description or map on file in the office of 
 12.4   the clerk. 
 12.5      Special elections may be called by the hospital board to 
 12.6   vote on any matter required by law to be submitted to the 
 12.7   voters.  A special election may not be conducted either during 
 12.8   the 30 days before and the 30 days after the state primary or 
 12.9   state general election, or during the 20 days before and the 20 
 12.10  days after the regularly scheduled election of any municipality 
 12.11  wholly or partially within the hospital district a regularly 
 12.12  scheduled election and the time periods provided for posting 
 12.13  voter history in section 201.171 for a regularly scheduled 
 12.14  election.  Special elections must be held within the election 
 12.15  precinct or precincts and at the polling place or places 
 12.16  designated by the board.  In the case of the first election of 
 12.17  officers of a new district, precincts and polling places must be 
 12.18  set by the governing body of the most populous city or town 
 12.19  included in the district. 
 12.20     Advisory ballots may be submitted by the hospital board on 
 12.21  any question it wishes, concerning the affairs of the district, 
 12.22  but only at a regular election or at a special election required 
 12.23  for another purpose. 
 12.24     Sec. 24.  Minnesota Statutes 2002, section 447.32, 
 12.25  subdivision 3, is amended to read: 
 12.26     Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
 12.27  first day to file affidavits of candidacy, the clerk of the 
 12.28  district shall publish a notice stating the first and last day 
 12.29  on which affidavits of candidacy may be filed, the places for 
 12.30  filing the affidavits and the closing time of the last day for 
 12.31  filing.  The clerk shall post a similar notice in at least one 
 12.32  conspicuous place in each city and town in the district at least 
 12.33  ten days before the first day to file affidavits of candidacy. 
 12.34     At least 56 days prior to every hospital district election, 
 12.35  the hospital district clerk shall provide a written notice to 
 12.36  the county auditor of each county in which the hospital district 
 13.1   is located.  The notice must include the date of the election, 
 13.2   the offices to be voted on at the election, and the title and 
 13.3   language for each ballot question to be voted on at the election.
 13.4      The notice of each election must be posted in at least one 
 13.5   public and conspicuous place within each city and town included 
 13.6   in the district at least ten days before the election.  It must 
 13.7   be published in the official newspaper of the district or, if a 
 13.8   paper has not been designated, in a legal newspaper having 
 13.9   general circulation within the district, at least two weeks 
 13.10  before the election.  Failure to give notice does not invalidate 
 13.11  the election of an officer of the district.  A voter may contest 
 13.12  a hospital district election in accordance with chapter 209.  
 13.13  Chapter 209 applies to hospital district elections. 
 13.14     Sec. 25.  Minnesota Statutes 2002, section 447.32, 
 13.15  subdivision 4, is amended to read: 
 13.16     Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
 13.17  person who wants to be a candidate for the hospital board shall 
 13.18  file an affidavit of candidacy for the election either as member 
 13.19  at large or as a member representing the city or town where the 
 13.20  candidate resides.  The affidavit of candidacy must be filed 
 13.21  with the city or town clerk not more than ten weeks nor less 
 13.22  than eight weeks before the Tuesday after the second Monday in 
 13.23  September of the year in which the general election is held.  
 13.24  The city or town clerk must forward the affidavits of candidacy 
 13.25  to the clerk of the hospital district or, for the first 
 13.26  election, the clerk of the most populous city or town 
 13.27  immediately after the last day of the filing period.  A 
 13.28  candidate may withdraw from the election by filing an affidavit 
 13.29  of withdrawal with the clerk of the district no later than 5:00 
 13.30  p.m. two days after the last day to file affidavits of candidacy.
 13.31     Voting must be by secret ballot.  The clerk shall prepare, 
 13.32  at the expense of the district, necessary ballots for the 
 13.33  election of officers.  Ballots must be printed on tan paper and 
 13.34  prepared as provided in the rules of the secretary of state.  
 13.35  The ballots must be marked and initialed by at least two judges 
 13.36  as official ballots and used exclusively at the election.  Any 
 14.1   proposition to be voted on may be printed on the ballot provided 
 14.2   for the election of officers.  The hospital board may also 
 14.3   authorize the use of voting systems subject to chapter 206.  
 14.4   Enough election judges may be appointed to receive the votes at 
 14.5   each polling place.  The election judges shall act as clerks of 
 14.6   election, count the ballots cast, and submit them to the board 
 14.7   for canvass.  
 14.8      After canvassing the election, the board shall issue a 
 14.9   certificate of election to the candidate who received the 
 14.10  largest number of votes cast for each office.  The clerk shall 
 14.11  deliver the certificate to the person entitled to it in person 
 14.12  or by certified mail.  Each person certified shall file an 
 14.13  acceptance and oath of office in writing with the clerk within 
 14.14  30 days after the date of delivery or mailing of the 
 14.15  certificate.  The board may fill any office as provided in 
 14.16  subdivision 1 if the person elected fails to qualify within 30 
 14.17  days, but qualification is effective if made before the board 
 14.18  acts to fill the vacancy.