1997 Minnesota Statutes

CHAPTER 204B. Elections; general provisions

     204B.01 Definitions. 

    The definitions in chapter 200 apply to this chapter.  

    HIST: 1981 c 29 art 4 s 1 

     204B.02 Application. 

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

    HIST: 1981 c 29 art 4 s 2; 1987 c 266 art 1 s 23 

     204B.03 Manner of nomination. 

    Candidates of a major political party for any partisan 
 office except presidential elector and all candidates for 
 nonpartisan office shall apply for a place on the primary ballot 
 by filing an affidavit of candidacy as provided in section 
 204B.06, and except as otherwise provided in section 204D.07, 
 subdivision 3, shall be nominated by primary.  Candidates for 
 any partisan office who do not seek the nomination of a major 
 political party shall be nominated by nominating petition as 
 provided in sections 204B.07 and 204B.08, and, except for 
 presidential elector candidates, shall file an affidavit of 
 candidacy as provided in section 204B.06.  

    HIST: 1981 c 29 art 4 s 3; 1986 c 475 s 7 

     204B.04 Candidacy; prohibitions. 

    Subdivision 1.    Major party candidates.  No individual 
 shall be named on any ballot as the candidate of more than one 
 major political party.  No individual who has been certified by 
 a canvassing board as the nominee of any major political party 
 shall be named on any ballot as the candidate of any other major 
 political party at the next ensuing general election.  

    Subd. 2.    Candidates seeking nomination by primary.  
 No individual who seeks nomination for any partisan or 
 nonpartisan office at a primary shall be nominated for the same 
 office by nominating petition, except as otherwise provided for 
 simultaneous nominations in subdivision 2a, and for nonpartisan 
 offices in section 204B.13, subdivision 4.  A major party 
 candidate who fails to be nominated at the state primary may not 
 be listed on any ballot at the subsequent state general 
 election, except to fill a vacancy as provided in section 
 204B.13. 

    Subd. 2a.    Simultaneous nomination.  A candidate may 
 seek the nomination of a major political party and one or more 
 minor political parties for the same partisan office 
 simultaneously if the state chair of the parties whose 
 nomination is sought consents in writing to the simultaneous 
 nomination.  The forms for written consent of the party chair 
 must be prepared in the manner provided by the secretary of 
 state.  A candidate may not be nominated by petition for a 
 partisan office without the written consent of the candidate. 

    A candidate who seeks the simultaneous nomination of a 
 major political party and one or more minor political parties 
 and fails to be nominated at the state primary for the major 
 political party forfeits the nominations of the minor political 
 parties. 

    A candidate may not seek the nomination of either a major 
 or minor political party, or both, and file a nominating 
 petition as an independent candidate for the same election. 

    Subd. 3.    Nomination for nonpartisan office.  No 
 individual shall be nominated by nominating petition for any 
 nonpartisan office except in the event of a vacancy in 
 nomination as provided in section 204B.13.  

    HIST: 1981 c 29 art 4 s 4; 1991 c 320 s 4; 1996 c 419 s 4,5 

*   NOTE:  The amendments to this section by Laws 1996, chapter 
*419, are suspended during any time that the decision of the 
*eighth circuit court of appeals in Twin Cities Area New Party v. 
*McKenna, No. 94-3417MN, is stayed or the mandate of the court is 
*recalled.  If the McKenna decision is reversed, the amendments 
*to this section expire and the prior law is revived.  Laws 1996, 
*chapter 419, section 10.

  204B.05 Repealed, 1987 c 39 s 1 

     204B.06 Filing for primary; affidavit of candidacy. 

    Subdivision 1.    Form of affidavit.  An affidavit of 
 candidacy shall state the name of the office sought and shall 
 state that the candidate:  

    (a) is an eligible voter; 

    (b) has no other affidavit on file as a candidate for any 
 other office at the same primary or next ensuing general 
 election, except that a candidate for soil and water 
 conservation district supervisor in a district not located in 
 whole or in part in Anoka, Hennepin, Ramsey, or Washington 
 county, may also have on file an affidavit of candidacy for 
 mayor or council member of a statutory or home rule charter city 
 of not more than 2,500 population contained in whole or in part 
 in the soil and water conservation district or for town 
 supervisor in a town of not more than 2,500 population contained 
 in whole or in part in the soil and water conservation district; 

    (c) is, or will be on assuming the office, 21 years of age 
 or more, and will have maintained residence in the district from 
 which the candidate seeks election for 30 days before the 
 general election; and 

    (d) accepts the nomination, if nominated by petition. 

    An affidavit of candidacy must include a statement that the 
 candidate's name as written on the affidavit for ballot 
 designation is the candidate's true name or the name by which 
 the candidate is commonly and generally known in the community. 

    An affidavit of candidacy for partisan office shall also 
 state the name of the candidate's political party or political 
 principle, stated in three words or less.  

    A candidate seeking the simultaneous nomination of a major 
 political party and one or more minor political parties shall 
 include the consent forms from the party chairs required by 
 section 204B.04, subdivision 2a, with the affidavit of candidacy.

    Subd. 1a.    Presidential primary affidavit.  An 
 affidavit of candidacy for the presidential primary must include 
 the candidate's name, address, office sought, and the 
 candidate's political party or principal in three words or 
 less.  The affidavit must include a statement that the candidate 
 satisfies the federal constitutional requirements for holding 
 office. 

    Subd. 2.    Major party candidates.  A candidate who 
 seeks the nomination of a major political party for a partisan 
 office shall state on the affidavit of candidacy that the 
 candidate either participated in that party's most recent 
 precinct caucus or intends to vote for a majority of that 
 party's candidates at the next ensuing general election.  

    Subd. 3. Repealed, 1983 c 253 s 26 

    Subd. 4.    Particular offices.  Candidates who seek 
 nomination for the following offices shall state the following 
 additional information on the affidavit:  

    (a) for United States senator, that the candidate will be 
 30 years of age or older and a citizen of the United States for 
 not less than nine years on the next January 3 or, in the case 
 of an election to fill a vacancy, within 21 days after the 
 special election; 

    (b) for United States representative, that the candidate 
 will be 25 years of age or older and a citizen of the United 
 States for not less than seven years on the next January 3 or, 
 in the case of an election to fill a vacancy, within 21 days 
 after the special election; 

    (c) for governor or lieutenant governor, that on the first 
 Monday of the next January the candidate will be 25 years of age 
 or older and, on the day of the state general election, a 
 resident of Minnesota for not less than one year; 

    (d) for supreme court justice, court of appeals judge, or 
 district court judge, that the candidate is learned in the law; 

    (e) for county, municipal, school district, or special 
 district office, that the candidate meets any other 
 qualifications for that office prescribed by law; 

    (f) for senator or representative in the legislature, that 
 on the day of the general or special election to fill the office 
 the candidate will have resided not less than one year in the 
 state and not less than six months in the legislative district 
 from which the candidate seeks election.  

    Subd. 5.    United States senator; two candidates at same 
 election.  When two candidates are to be elected United States 
 senators from this state at the same election, each individual 
 filing for the nomination shall state in the affidavit of 
 candidacy the term for which the individual desires to be a 
 candidate, by stating the date of the expiration of the term.  

    Subd. 6.    Judicial candidates; designation of term.  
 An individual who files as a candidate for the office of chief 
 justice or associate justice of the supreme court, judge of the 
 court of appeals, or judge of the district court shall state in 
 the affidavit of candidacy the office of the particular justice 
 or judge for which the individual is a candidate.  The 
 individual shall be a candidate only for the office identified 
 in the affidavit.  Each justice of the supreme court and each 
 court of appeals and district court judge is deemed to hold a 
 separate nonpartisan office.  

    Subd. 7.    Governor and lieutenant governor.  An 
 individual who files as a candidate for governor or lieutenant 
 governor shall file the affidavit of candidacy jointly with the 
 affidavit of another individual who seeks nomination as a 
 candidate for the other office.  

    Subd. 8.    Proof of eligibility.  A candidate for 
 judicial office or for the office of county attorney shall 
 submit with the affidavit of candidacy proof that the candidate 
 is licensed to practice law in this state. 

    A candidate for county sheriff shall submit with the 
 affidavit of candidacy proof of licensure as a peace officer in 
 this state. 

    HIST: 1981 c 29 art 4 s 6; 1982 c 501 s 14; 1983 c 247 s 
 83,84; 1986 c 444; 1986 c 475 s 8; 1990 c 603 s 2; 1993 c 223 s 
 7,8; 1995 c 222 s 2; 1996 c 419 s 6; 1997 c 147 s 26 

*   NOTE:  The amendments to this section by Laws 1996, chapter 
*419, are suspended during any time that the decision of the 
*eighth circuit court of appeals in Twin Cities Area New Party v. 
*McKenna, No. 94-3417MN, is stayed or the mandate of the court is 
*recalled.  If the McKenna decision is reversed, the amendments 
*to this section expire and the prior law is revived.  Laws 1996, 
*chapter 419, section 10.

     204B.07 Nominating petitions. 

    Subdivision 1.    Form of petition.  A nominating 
 petition may consist of one or more separate pages each of which 
 shall state:  

    (a) The office sought; 

    (b) The candidate's name and residence address, including 
 street and number if any; and 

    (c) The candidate's political party or political principle 
 expressed in not more than three words.  No candidate who files 
 for a partisan office by nominating petition shall use the term 
 "nonpartisan" as a statement of political principle or the name 
 of the candidate's political party.  No part of the name of a 
 major political party may be used to designate the political 
 party or principle of a candidate who files for a partisan 
 office by nominating petition, except that the word 
 "independent" may be used to designate the party or principle.  
 A candidate who files by nominating petition to fill a vacancy 
 in nomination for a nonpartisan office pursuant to section 
 204B.13, shall not state any political principle or the name of 
 any political party on the petition.  

    Subd. 2.    Petitions for presidential electors.  On 
 petitions nominating presidential electors, the names of the 
 candidates for president and vice-president shall be added to 
 the political party or political principle stated on the 
 petition.  One petition may be filed to nominate a slate of 
 presidential electors equal in number to the number of electors 
 to which the state is entitled.  

    Subd. 3.    Number of candidates nominated.  No 
 nominating petition shall contain the name of more than one 
 candidate except a petition jointly nominating individuals for 
 governor and lieutenant governor or nominating a slate of 
 presidential electors.  

    Subd. 4.    Oath and address of signer.  Following the 
 information required by subdivisions 1 and 2 and before the 
 space for signing, each separate page that is part of the 
 petition shall include an oath in the following form:  

    "I solemnly swear (or affirm) that I know the contents and 
 purpose of this petition, that I do not intend to vote at the 
 primary election for the office for which this nominating 
 petition is made, and that I signed this petition of my own free 
 will.  

    Notarization or certification of the signatures on a 
 nominating petition is not required.  Immediately after the 
 signature, the signer shall write on the petition the signer's 
 residence address including street and number, if any, and 
 mailing address if different from residence address.  

    Subd. 5.    Sample forms.  An official with whom 
 petitions are filed shall make sample forms for nominating 
 petitions available upon request.  

    Subd. 6.    Penalty.  An individual who, in signing a 
 nominating petition, makes a false oath is guilty of perjury.  

    HIST: 1981 c 29 art 4 s 7; 1986 c 444; 1986 c 475 s 9,10 

     204B.08 Signing petitions. 

    Subdivision 1.    Time for signing.  Nominating 
 petitions shall be signed during the period when petitions may 
 be filed as provided in section 204B.09.  

    Subd. 2.    Qualifications of signers.  A nominating 
 petition may be signed only by individuals who are eligible to 
 vote for the candidate who is nominated.  No individual may sign 
 more than one nominating petition for candidates for the same 
 office unless more than one candidate is to be elected to that 
 office.  If more than one candidate is to be elected to the 
 office, an individual may sign as many petitions as there are 
 candidates to be elected.  

    Subd. 3.    Number of signatures.  The number of 
 signatures required on a nominating petition shall be as follows:

    (a) For a state office voted on statewide or for United 
 States senator, one percent of the total number of individuals 
 voting in the state at the last preceding state general 
 election, or 2,000, whichever is less; 

    (b) For a congressional or judicial district office, five 
 percent of the total number of individuals voting in the 
 district at the last preceding state general election, or 1,000, 
 whichever is less; 

    (c) For a county or legislative office, ten percent of the 
 total number of individuals voting in the county or legislative 
 district at the last preceding state or county general election, 
 or 500, whichever is less; 

    (d) For a municipal office in a city of the first class, 
 the number specified in section 205.121; and 

    (e) For any other municipal or school district office, ten 
 percent of the total number of individuals voting in the 
 municipality, ward, school district, or other election district 
 at the last preceding municipal, or school district if 
 applicable, general election, or 500, whichever is less. 

    HIST: 1981 c 29 art 4 s 8; 1990 c 453 s 3 

     204B.09 Time and place of filing affidavits and 
  petitions. 

    Subdivision 1.    Candidates in state and county general 
 elections.  Except as otherwise provided by this subdivision, 
 affidavits of candidacy and nominating petitions for county, 
 state and federal offices filled at the state general election 
 shall be filed not more than 70 days nor less than 56 days 
 before the state primary.  The affidavit may be prepared and 
 signed at any time between 60 days before the filing period 
 opens and the last day of the filing period.  Notwithstanding 
 other law to the contrary, the affidavit of candidacy must be 
 signed in the presence of a notarial officer.  Candidates for 
 presidential electors may file petitions on or before the state 
 primary day.  Nominating petitions to fill vacancies in 
 nominations shall be filed as provided in section 204B.13.  No 
 affidavit or petition shall be accepted later than 5:00 p.m. on 
 the last day for filing.  Affidavits and petitions for offices 
 to be voted on in only one county shall be filed with the county 
 auditor of that county.  Affidavits and petitions for offices to 
 be voted on in more than one county shall be filed with the 
 secretary of state. 

    Subd. 1a.    Absent candidates.  A candidate for county, 
 state, or federal office who will be absent from the state 
 during the filing period may submit a properly executed 
 affidavit of candidacy, the appropriate filing fee, and any 
 necessary petitions in person to the filing officer.  The 
 candidate shall state in writing the reason for being unable to 
 submit the affidavit during the filing period.  The affidavit, 
 filing fee, and petitions must be submitted to the filing 
 officer during the seven days immediately preceding the 
 candidate's absence from the state.  Nominating petitions may be 
 signed during the 14 days immediately preceding the date when 
 the affidavit of candidacy is filed. 

    Subd. 2.    Other elections.  Affidavits of candidacy 
 and nominating petitions for city, town or other elective 
 offices shall be filed during the time and with the official 
 specified in chapter 205 or other applicable law or charter.  
 Affidavits of candidacy and applications filed on behalf of 
 eligible voters for school board office shall be filed during 
 the time and with the official specified in chapter 205A or 
 other applicable law. 

    HIST: 1981 c 29 art 4 s 9; 1986 c 475 s 11; 1987 c 266 art 1 s 
 24; 1989 c 291 art 1 s 8; 1990 c 585 s 24; 1990 c 608 art 7 s 2; 
 1991 c 227 s 11 

     204B.10 Affidavits of candidacy; nominating petitions; 
  duties of election officials. 

    Subdivision 1.    Affidavits of candidacy; numbering.  
 The official with whom affidavits of candidacy are filed shall 
 number them in the order received.  

    Subd. 2.    Nominating petitions; acknowledgment; 
 numbering.  On the day a nominating petition is filed, the 
 election official shall deliver or mail an acknowledgment of the 
 petition to the individual who files it and to the candidate who 
 is to be nominated.  The election official shall also number the 
 petitions in the order received.  The petitions shall be 
 retained as provided in section 204B.40, and shall be available 
 for public inspection during that period.  

    Subd. 3.    Inspection.  The official with whom 
 nominating petitions are filed shall inspect the petitions in 
 the order filed to verify that there are a sufficient number of 
 signatures of individuals whose residence address as shown on 
 the petition is in the district where the candidate is to be 
 nominated.  

    Subd. 4.    Certification.  The secretary of state shall 
 certify to the county auditor of each county the names of all 
 candidates nominated by petitions filed with the secretary of 
 state.  Certification shall be made at the same time as the 
 secretary of state certifies the names of candidates who are 
 nominated at the primary.  

    Subd. 5.    Improper name.  If the filing officer 
 determines that use on the ballot of the candidate's name as 
 written on the affidavit of candidacy would violate section 
 204B.35, subdivision 2, the filing officer shall immediately 
 notify the candidate and shall certify for the ballot the 
 candidate's true name instead of the name as written on the 
 affidavit. 

    Subd. 6.    Ineligible voter.  Upon receipt of a 
 certified copy of a final judgment or order of a court of 
 competent jurisdiction that a person who has filed an affidavit 
 of candidacy or who has been nominated by petition: 

    (1) has been convicted of treason or a felony and the 
 person's civil rights have not been restored; 

    (2) is under guardianship of the person; or 

    (3) has been found by a court of law to be legally 
 incompetent; 

 the filing officer shall notify the person by certified mail at 
 the address shown on the affidavit or petition, and shall not 
 certify the person's name to be placed on the ballot.  The 
 actions of a filing officer under this subdivision are subject 
 to judicial review under section 204B.44. 

    HIST: 1981 c 29 art 4 s 10; 1986 c 475 s 12; 1993 c 364 s 1 

     204B.11 Candidates; filing fees; petition in place of 
  filing fee. 

    Subdivision 1.    Amount; dishonored checks; consequences. 
  Except as provided by subdivision 2, a filing fee shall be 
 paid by each candidate who files an affidavit of candidacy.  The 
 fee shall be paid at the time the affidavit is filed.  The 
 amount of the filing fee shall vary with the office sought as 
 follows: 

    (a) for the office of governor, lieutenant governor, 
 attorney general, state auditor, state treasurer, secretary of 
 state, representative in Congress, judge of the supreme court, 
 judge of the court of appeals, judge of the district court, or 
 judge of the county municipal court of Hennepin county, $300; 

    (b) for the office of senator in Congress, $400; 

    (c) for office of senator or representative in the 
 legislature, $100; 

    (d) for a county office, $50; and 

    (e) for the office of soil and water conservation district 
 supervisor, $20. 

    For the office of presidential elector, and for those 
 offices for which no compensation is provided, no filing fee is 
 required. 

    The filing fees received by the county auditor shall 
 immediately be paid to the county treasurer.  The filing fees 
 received by the secretary of state shall immediately be paid to 
 the state treasurer. 

    When an affidavit of candidacy has been filed with the 
 appropriate filing officer and the requisite filing fee has been 
 paid, the filing fee shall not be refunded.  If a candidate's 
 filing fee is paid with a check, draft, or similar negotiable 
 instrument for which sufficient funds are not available or that 
 is dishonored, notice to the candidate of the worthless 
 instrument must be sent by the filing officer via registered 
 mail no later than immediately upon the closing of the filing 
 deadline with return receipt requested.  The candidate will have 
 five days from the time the filing officer receives proof of 
 receipt to issue a check or other instrument for which 
 sufficient funds are available.  The candidate issuing the 
 worthless instrument is liable for a service charge pursuant to 
 section 332.50.  If adequate payment is not made, the name of 
 the candidate must not appear on any official ballot and the 
 candidate is liable for all costs incurred by election officials 
 in removing the name from the ballot. 

    Subd. 2.    Petition in place of filing fee.  At the 
 time of filing an affidavit of candidacy, a candidate may 
 present a petition in place of the filing fee.  The petition may 
 be signed by any individual eligible to vote for the candidate.  
 A nominating petition filed pursuant to section 204B.07 or 
 204B.13, subdivision 4, is effective as a petition in place of a 
 filing fee if the nominating petition includes a prominent 
 statement informing the signers of the petition that it will be 
 used for that purpose.  

    The number of signatures on a petition in place of a filing 
 fee shall be as follows:  

    (a) for a state office voted on statewide, or for president 
 of the United States, or United States senator, 2,000; 

    (b) for a congressional office, 1,000; 

    (c) for a county or legislative office, or for the office 
 of district, county, or county municipal judge, 500; and 

    (d) for any other office which requires a filing fee as 
 prescribed by law, municipal charter, or ordinance, the lesser 
 of 500 signatures or five percent of the total number of votes 
 cast in the municipality, ward, or other election district at 
 the preceding general election at which that office was on the 
 ballot.  

    An official with whom petitions are filed shall make sample 
 forms for petitions in place of filing fees available upon 
 request.  

    HIST: 1981 c 29 art 4 s 11; 3Sp1981 c 2 art 1 s 29; 1983 c 112 
 s 1; 1983 c 247 s 85; 1987 c 175 s 5; 1987 c 404 s 155; 1990 c 
 603 s 3; 1992 c 513 art 3 s 42 

     204B.12 Withdrawal of candidates. 

    Subdivision 1.    Before primary.  A candidate may 
 withdraw from the primary ballot by filing an affidavit of 
 withdrawal with the same official who received the affidavit of 
 candidacy.  The affidavit shall request that official to 
 withdraw the candidate's name from the ballot and shall be filed 
 no later than three days after the last day for filing for the 
 office.  

    Subd. 2. Repealed, 1983 c 303 s 24 

    Subd. 2a.    After primary; candidates for constitutional 
 office.  (a) A candidate for a constitutional office may 
 withdraw from the general election ballot by filing an affidavit 
 of withdrawal with the same official who received the affidavit 
 of candidacy.  The affidavit must request that official to 
 withdraw that candidate's name from the ballot and must be filed 
 no later than 16 days before the general election.  

    (b) A candidate for a constitutional office may withdraw 
 after the deadline in paragraph (a) if: 

    (1) the candidate withdraws because of a catastrophic 
 illness that was diagnosed after the deadline for withdrawal; 

    (2) the candidate's illness will permanently and 
 continuously incapacitate the candidate and prevent the 
 candidate from performing the duties of the office sought; and 

    (3) the candidate or the candidate's legal guardian files 
 with the affidavit of withdrawal a certificate verifying that 
 the candidate's illness meets the requirements of clauses (1) 
 and (2), signed by at least two licensed physicians. 

    Subd. 2b.    Governor's race.  If a candidate for 
 governor withdraws, the secretary of state shall remove from the 
 ballot the name of the candidate for governor and the name of 
 that candidate's running mate for lieutenant governor. 

    Subd. 3.    Time for filing.  An affidavit of withdrawal 
 filed under this section shall not be accepted later than 5:00 
 p.m. on the last day for withdrawal.  

    HIST: 1981 c 29 art 4 s 12; 1983 c 303 s 6; 1986 c 444; 1986 c 
 475 s 13; 1991 c 320 s 5-7 

     204B.13 Vacancy in nomination. 

    Subdivision 1.    Death or withdrawal.  A vacancy in 
 nomination may be filled in the manner provided by this 
 section.  A vacancy in nomination exists when:  

    (a) A major political party candidate or nonpartisan 
 candidate who was nominated at a primary dies or files an 
 affidavit of withdrawal as provided in section 204B.12, 
 subdivision 2a; or 

    (b) A candidate for a nonpartisan office, for which one or 
 two candidates filed, dies or files an affidavit of withdrawal 
 as provided in section 204B.12, subdivision 1.  

    Subd. 2.    Partisan office; nomination by party.  (a) A 
 vacancy in nomination for partisan office shall be filled as 
 provided in this subdivision.  A major political party has the 
 authority to fill a vacancy in nomination of that party's 
 candidate by filing a nomination certificate with the same 
 official who received the affidavits of candidacy for that 
 office.  

    (b) A major political party may provide in its governing 
 rules a procedure, including designation of an appropriate 
 committee, to fill vacancies in nomination for all offices 
 elected statewide.  The nomination certificate shall be prepared 
 under the direction of and executed by the chair and secretary 
 of the political party and filed within seven days after the 
 vacancy in nomination occurs or before the 14th day before the 
 general election, whichever is sooner.  If the vacancy in 
 nomination occurs through the candidate's death or catastrophic 
 illness, the nomination certificate must be filed within seven 
 days after the vacancy in nomination occurs but no later than 
 four days before the general election.  The chair and secretary 
 when filing the certificate shall attach an affidavit stating 
 that the newly nominated candidate has been selected under the 
 rules of the party and that the individuals signing the 
 certificate and making the affidavit are the chair and secretary 
 of the party.  

    Subd. 3. Repealed, 1991 c 320 s 16 

    Subd. 4.    Nonpartisan office; filling vacancy by 
 nominating petitions.  A vacancy in nomination in a 
 nonpartisan office may be filled by nominating petition in the 
 manner provided in sections 204B.06 to 204B.09.  The petition 
 shall be filed within one week after the vacancy in nomination 
 occurs, but not later than four calendar days before the 
 election.  

    An eligible voter is eligible to sign a nominating petition 
 to fill a vacancy in nomination without regard to whether that 
 eligible voter intends to vote or did vote for any candidate for 
 that office at the primary or signed other nominating petitions 
 for candidates for that office.  

    Subd. 5.    Candidates for governor and lieutenant 
 governor.  (a) If a vacancy in nomination occurs in the race 
 for governor, the candidate for governor determined under this 
 section shall select the candidate for lieutenant governor.  If 
 a vacancy in nomination occurs in the race for lieutenant 
 governor, due to a vacancy in nomination for governor or due to 
 the withdrawal or death of the candidate for lieutenant 
 governor, the candidate for governor shall select the candidate 
 for lieutenant governor as provided in this subdivision. 

    (b) For a vacancy in nomination that occurs before the 16th 
 day before the general election, the name of the lieutenant 
 governor candidate must be submitted by the governor candidate 
 to the filing officer within seven days after the vacancy 
 occurs, or before the 14th day before the general election, 
 whichever is sooner.  If the vacancy in nomination occurs 
 through the death or catastrophic illness of the candidate for 
 lieutenant governor, the candidate for governor shall submit the 
 name of the new lieutenant governor candidate to the secretary 
 of state within seven days after the vacancy in nomination 
 occurs but no later than four days before the general election.  
 If the vacancy in nomination occurs through the death or 
 catastrophic illness of the candidate for governor, the new 
 candidate for governor shall submit the name of the lieutenant 
 governor candidate within seven days after the vacancy in 
 nomination for governor is filled under section 204B.13, 
 subdivision 2, but no later than four days before the general 
 election. 

    Subd. 6.    Vacancy after deadline.  If a candidate 
 withdraws after the 16th day before the general election but 
 before four days before the general election, the secretary of 
 state shall instruct the election judges to strike the name of 
 the withdrawn candidate from the general election ballot and 
 shall substitute no other candidate's name.  Filing officers may 
 not accept a nomination certificate for filing to fill a vacancy 
 in nomination resulting from the filing of an affidavit of 
 withdrawal by a candidate after the 14th day before the general 
 election.  Vacancies occurring through death or catastrophic 
 illness after the 16th day before the general election are 
 governed by section 204B.41. 

    HIST: 1981 c 29 art 4 s 13; 1986 c 444; 1991 c 320 s 8-12 

     204B.135 Redistricting of election districts. 

    Subdivision 1.    Cities with wards.  A city that elects 
 its council members by wards may not redistrict those wards 
 before the legislature has been redistricted in a year ending in 
 one or two.  The wards must be redistricted within 60 days after 
 the legislature has been redistricted or at least 19 weeks 
 before the state primary election in the year ending in two, 
 whichever is first. 

    Subd. 2.    Other election districts.  For purposes of 
 this subdivision, "local government election district" means a 
 county district, park and recreation district, school district, 
 or soil and water conservation district.  Local government 
 election districts, other than city wards covered by subdivision 
 1, may not be redistricted until precinct boundaries are 
 reestablished under section 204B.14, subdivision 3, paragraph 
 (c).  Election districts covered by this subdivision must be 
 redistricted within 80 days of the time when the legislature has 
 been redistricted or at least 15 weeks before the state primary 
 election in the year ending in two, whichever comes first. 

    Subd. 3.    Voters rights.  (a) An eligible voter may 
 apply to the district court for either a writ of mandamus 
 requiring the redistricting of wards or local government 
 election districts or to revise any plan adopted by the 
 governing body responsible for redistricting of wards or local 
 government election districts. 

    (b) If a city adopts a ward redistricting plan at least 19 
 weeks before the primary in a year ending in two, an application 
 for revision of the plan that seeks to affect elections held in 
 the year ending in two must be filed with the district court 
 within three weeks but no later than 18 weeks before the state 
 primary election in the year ending in two, notwithstanding any 
 charter provision.  If a city adopts a ward redistricting plan 
 less than 19 weeks before the state primary in a year ending in 
 two, an application for revision of the plan that seeks to 
 affect elections held in the year ending in two must be filed 
 with the district court no later than one week after the plan 
 has been adopted, notwithstanding any charter provision. 

    (c) If a plan for redistricting of a local government 
 election district is adopted at least 15 weeks before the state 
 primary election in a year ending in two, an application for 
 revision of the plan that seeks to affect elections held in the 
 year ending in two must be filed with the district court within 
 three weeks but no later than 14 weeks before the state primary 
 election in the year ending in two.  If a plan for redistricting 
 of a local government election district is adopted less than 15 
 weeks before the state primary election in a year ending in two, 
 an application for revision of the plan that seeks to affect 
 elections held in the year ending in two must be filed with the 
 district court no later than one week after the plan has been 
 adopted. 

    Subd. 4.    Special elections; limitations.  No 
 municipality or school district may conduct a special election 
 during the 19 weeks before the state primary election in the 
 year ending in two, except for special elections conducted on 
 the date of the school district general election.  A school 
 district special election required by any other law may be 
 deferred until the date of the next school district general 
 election, the state primary election, or the state general 
 election. 

    HIST: 1987 c 297 s 1; 1991 c 349 s 30 

     204B.14 Election precincts. 

    Subdivision 1.    Boundaries.  The governing body of 
 each municipality shall establish the boundaries of the election 
 precincts in the municipality.  The governing body of a county 
 shall establish the boundaries of precincts in unorganized 
 territory in the county.  Except as provided in subdivision 3, a 
 governing body may change the boundaries of any election 
 precinct which it has established.  

    Subd. 1a.    Legislative policy.  It is the intention of 
 the legislature to complete congressional and legislative 
 redistricting activities in time to permit counties and 
 municipalities to begin the process of reestablishing precinct 
 boundaries as soon as possible after the adoption of the 
 congressional and legislative redistricting plans but in no case 
 later than 25 weeks before the state primary election in the 
 year ending in two. 

    Subd. 2.    Separate precincts; combined polling place.  
 (a) The following shall constitute at least one election 
 precinct:  

    (1) each city ward; and 

    (2) each town and each statutory city.  

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

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

    (2) for two contiguous precincts in the same municipality 
 that have a combined total of fewer than 500 registered voters; 
 or 

    (3) for up to four contiguous municipalities located 
 entirely outside the metropolitan area, as defined by section 
 473.121, subdivision 2, that are contained in the same 
 congressional, legislative, and county commissioner district. 

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

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

    Subd. 3.    Boundary changes; prohibitions; exception.  
 Notwithstanding other law or charter provisions to the contrary, 
 during the period from January 1 in any year ending in zero to 
 the time when the legislature has been redistricted in a year 
 ending in one or two, no changes may be made in the boundaries 
 of any election precinct except as provided in this subdivision. 

    (a) If a city annexes an unincorporated area located in the 
 same county as the city and adjacent to the corporate boundary, 
 the annexed area may be included in an election precinct 
 immediately adjacent to it.  

    (b) A municipality or county may establish new election 
 precincts lying entirely within the boundaries of any existing 
 precinct and shall assign names to the new precincts which 
 include the name of the former precinct.  

    (c) Precinct boundaries must be reestablished within 60 
 days of the time when the legislature has been redistricted, or 
 at least 19 weeks before the state primary election in a year 
 ending in two, whichever comes first.  The adoption of 
 reestablished precinct boundaries becomes effective on the date 
 of the state primary election in the year ending in two. 

    Precincts must be arranged so that no precinct lies in more 
 than one legislative or congressional district.  

    Subd. 4.    Boundary change procedure.  Any change in 
 the boundary of an election precinct shall be adopted at least 
 90 days before the date of the next election and, for the state 
 primary and general election, no later than June 1 in the year 
 of the state general election.  The precinct boundary change 
 shall not take effect until notice of the change has been posted 
 in the office of the municipal clerk or county auditor for at 
 least 60 days.  

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

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

    Subd. 5.    Precinct boundaries; description; maps.  
 When a precinct boundary has been changed, the municipal clerk 
 shall immediately notify the secretary of state.  Upon receipt 
 of this notice or a notice of annexation from the Minnesota 
 municipal board, the secretary of state shall provide the 
 municipal clerk with a base map on which the clerk shall note 
 the boundary change.  The clerk shall return the corrected base 
 map to the secretary of state within 30 days after the boundary 
 change was made.  The secretary of state shall update the 
 precinct boundary database, prepare a corrected precinct map, 
 and provide the corrected precinct map to the county auditor and 
 the municipal clerk who shall make them available for public 
 inspection.  The county auditor shall prepare and file precinct 
 boundary maps for precincts in unorganized territories in the 
 same manner as provided for precincts in municipalities.  For 
 every election held in the municipality the election judges 
 shall be furnished precinct maps as provided in section 201.061, 
 subdivision 6.  If a municipality changes the boundary of an 
 election precinct, the county auditor shall notify each school 
 district with territory affected by the boundary change at least 
 30 days before the effective date of the change.  

    Subd. 6.    Precinct boundaries to follow physical 
 features.  The boundaries of election precincts shall follow 
 visible, clearly recognizable physical features.  If it is not 
 possible to establish the boundary between any two adjacent 
 precincts along such features, the boundary around the two 
 precincts combined shall be established in the manner provided 
 in the rules of the secretary of state to comply with the 
 provisions of this subdivision.  The maps required by 
 subdivision 5 shall clearly indicate which boundaries do not 
 follow visible, clearly recognizable physical features.  

    For the purposes of this subdivision, "visible, clearly 
 recognizable physical feature" means a street, road, boulevard, 
 parkway, river, stream, shoreline, drainage ditch, railway 
 right-of-way, or any other line which is clearly visible from 
 the ground.  A street or other roadway which has been platted 
 but not graded is not a visible, clearly recognizable physical 
 feature for the purposes of this subdivision.  

    If the secretary of state determines that a precinct 
 boundary does not comply with this subdivision, the secretary of 
 state shall send a notice to the county auditor or municipal 
 clerk specifying the action needed to correct the precinct 
 boundary.  If, after 60 days, the county or municipal governing 
 body has not taken action to correct the precinct boundary, the 
 secretary of state shall correct the precinct boundary and 
 notify the county auditor or municipal clerk of the action taken.

    If a visible, clearly recognizable physical feature is not 
 available for use as a precinct boundary, an alternate boundary 
 used by the United States Bureau of the Census may be authorized 
 by the secretary of state. 

    Subd. 7.    Application to municipalities.  
 Notwithstanding the provisions of section 410.21, or any other 
 law, ordinance or charter to the contrary, the provisions of 
 subdivisions 1, 3 and 6 apply to all municipalities.  

    Subd. 8. Repealed, 1994 c 607 s 7 

    HIST: 1981 c 29 art 4 s 14; 1Sp1981 c 4 art 4 s 43; 2Sp1981 c 
 2 s 2; 1983 c 289 s 115 subd 1; 1985 c 248 s 36; 1986 c 444; 
 1987 c 186 s 15; 1987 c 212 s 1-4; 1987 c 297 s 2; 1990 c 453 s 
 4; 1991 c 349 s 31-34; 1993 c 208 s 1,2; 1993 c 223 s 9; 1994 c 
 607 s 1-4 

     204B.145 Duties of secretary of state; redistricting. 

    Following the completion of legislative redistricting, the 
 secretary of state may coordinate and facilitate the exchange of 
 information between the legislative redistricting computer 
 system, the statewide voter registration system, and a computer 
 system developed to assist the counties, municipalities, and 
 school districts in redrawing election districts and 
 establishing election precincts. 

    HIST: 1991 c 345 art 1 s 80 

     204B.146 Duties of secretary of state. 

    Subdivision 1.    Redistricting.  The secretary of state 
 shall conduct conferences with the county auditors, municipal 
 clerks, and school district clerks to instruct them on the 
 procedures for redistricting of election districts and 
 establishment of election precincts in the year ending in one.  

    Subd. 2.    Precinct and election district boundaries.  
 The secretary of state shall maintain a computer database of 
 precinct and election district boundaries.  The secretary of 
 state shall revise the information in the database whenever a 
 precinct or election district boundary is changed.  The 
 secretary of state shall prepare maps illustrating precinct and 
 election district boundaries in either paper or electronic 
 formats and make them available to the public at the cost of 
 production. 

    The secretary of state may authorize municipalities and 
 counties to provide updated precinct and election district 
 boundary information in electronic formats. 

    The secretary of state shall provide periodic updates of 
 precinct and election district boundaries to the legislative 
 coordinating commission, the state demographer, and the land 
 management information center. 

    At least 30 days before the state primary, the secretary of 
 state shall provide the county auditor with maps of each 
 precinct in municipalities with more than one precinct.  The 
 county auditor shall forward the maps to the appropriate 
 municipal clerks, who shall post the map in the polling place on 
 the day of the state primary and the state general election. 

    HIST: 1991 c 349 s 35; 1993 c 208 s 3; 1997 c 147 s 27 

     204B.15 Unorganized territory; election precincts. 

    A county board may establish new election precincts to 
 serve the residents of unorganized territories.  The board shall 
 designate a polling place for the new precinct that is 
 convenient for the individuals residing in it.  

    HIST: 1981 c 29 art 4 s 15; 1997 c 147 s 28 

     204B.16 Polling places; designation. 

    Subdivision 1.    Authority; location.  The governing 
 body of each municipality and of each county with precincts in 
 unorganized territory shall designate by ordinance or resolution 
 a polling place for each election precinct.  Polling places must 
 be designated and ballots must be distributed so that no one is 
 required to go to more than one polling place to vote in a 
 school district and municipal election held on the same day.  
 The polling place for a precinct in a city or in a school 
 district located in whole or in part in the metropolitan area 
 defined by section 473.121 shall be located within the 
 boundaries of the precinct or within 3,000 feet of one of those 
 boundaries unless a single polling place is designated for a 
 city pursuant to subdivision 2 or a school district pursuant to 
 section 205A.11.  The polling place for a precinct in 
 unorganized territory may be located outside the precinct at a 
 place which is convenient to the voters of the precinct.  If no 
 suitable place is available within a town or within a school 
 district located outside the metropolitan area defined by 
 section 473.121, then the polling place for a town or school 
 district may be located outside the town or school district 
 within five miles of one of the boundaries of the town or school 
 district. 

    Subd. 1a.    Notice to voters.  If the location of a 
 polling place has been changed, the governing body establishing 
 the polling place shall send to every affected household with at 
 least one registered voter in the precinct a nonforwardable 
 mailed notice stating the location of the new polling place at 
 least 25 days before the next election.  The secretary of state 
 shall prepare a sample of this notice.  A notice that is 
 returned as undeliverable must be forwarded immediately to the 
 county auditor.  This subdivision does not apply to a polling 
 place location that is changed on election day under section 
 204B.17. 

    Subd. 2. Repealed, 1994 c 607 s 7 

    Subd. 3.    Designation effective until changed.  The 
 designation of a polling place pursuant to this section shall 
 remain effective until a different polling place is designated 
 for that precinct.  No designation of a new or different polling 
 place shall become effective less than 90 days prior to an 
 election and no polling place changes may occur during the 
 period between the state primary and the state general election, 
 except that a new polling place may be designated to replace a 
 polling place that has become unavailable for use.  

    Subd. 4.    Prohibited locations.  No polling place 
 shall be designated in any place where intoxicating liquors or 
 nonintoxicating malt beverages are served or in any adjoining 
 room.  No polling place shall be designated in any place in 
 which substantial compliance with the requirements of this 
 chapter cannot be attained.  

    Subd. 5.    Access by elderly and handicapped.  Each 
 polling place shall be accessible to and usable by elderly and 
 physically handicapped individuals.  A polling place is deemed 
 to be accessible and usable if it complies with the standards in 
 paragraphs (a) to (f).  

    (a) At least one set of doors must have a minimum width of 
 31 inches if the doors must be used to enter or leave the 
 polling place.  

    (b) Any curb adjacent to the main entrance to a polling 
 place must have curb cuts or temporary ramps.  Where the main 
 entrance is not the accessible entrance, any curb adjacent to 
 the accessible entrance must also have curb cuts or temporary 
 ramps.  

    (c) Where the main entrance is not the accessible entrance, 
 a sign shall be posted at the main entrance giving directions to 
 the accessible entrance.  

    (d) At least one set of stairs must have a temporary 
 handrail and ramp if stairs must be used to enter or leave the 
 polling place.  

    (e) No barrier in the polling place may impede the path of 
 the physically handicapped to the voting booth.  

    (f) At least one handicapped parking space, which may be 
 temporarily so designated by the municipality for the day of the 
 election, must be available near the accessible entrance.  

    The doorway, handrails, ramps, and handicapped parking 
 provided pursuant to this subdivision must conform to the 
 standards specified in the state building code for accessibility 
 by handicapped persons.  

    A governing body shall designate as polling places only 
 those places which meet the standards prescribed in this 
 subdivision unless no available place within a precinct is 
 accessible or can be made accessible.  

    Subd. 6.    Public facilities.  Every statutory city, 
 home rule charter city, county, town, school district, and other 
 public agency, including the University of Minnesota and other 
 public colleges and universities, shall make their facilities, 
 including parking, available for the holding of city, county, 
 school district, state, and federal elections, subject to the 
 approval of the local election official.  A charge for the use 
 of the facilities may be imposed in an amount that does not 
 exceed the lowest amount charged to any public or private group. 

    Subd. 7.    Appropriate facilities.  The facilities 
 provided in accordance with subdivision 6 shall be sufficient in 
 size to accommodate all election activities and the requirements 
 of subdivision 5.  The space must be separated from other 
 activities within the building.  The local election official may 
 approve space in two connecting rooms for registration and 
 balloting activities.  Except in the event of an emergency 
 making the approved space unusable, the public facility may not 
 move the election from the space approved by the local election 
 official without prior approval.  In addition to the 
 requirements of subdivision 5, the public facility must make 
 remaining parking spaces not in use for regularly scheduled 
 activities available for voters. 

    HIST: 1981 c 29 art 4 s 16; 1983 c 124 s 4; 1984 c 471 s 5; 
 1985 c 307 s 1; 1987 c 266 art 1 s 25; 1991 c 227 s 12,13; 1991 
 c 349 s 36,37; 1992 c 474 s 1; 1993 c 223 s 10; 1997 c 147 s 
 29,30 

     204B.17 Change of polling place by election judges. 

    When a designated polling place does not comply with the 
 requirements of this chapter the election judges of that 
 precinct, on or before the opening of the polls on election day 
 and upon approval by the municipal clerk in municipalities or 
 school districts or the county auditor in unorganized territory, 
 shall procure a polling place which is as near the designated 
 polling place as possible and which does comply with those 
 requirements.  

    When a new polling place is procured by the election 
 judges, they shall meet on election day at the original polling 
 place where they shall fill any vacancies in their number, 
 publicly announce the change in polling place to the voters who 
 are present and post a notice in large print of the change in a 
 conspicuous place.  They shall also post a notice in a location 
 visible by voters who vote from their motor vehicles as provided 
 in section 204C.15, subdivision 2.  Upon completing these duties 
 the election judges shall adjourn to the new polling place, 
 where they shall post a similar notice of the change in polling 
 place.  The election judges shall certify to the appropriate 
 governing body the expenses incurred because of the change.  
 These expenses shall be paid as part of the expenses of the 
 election.  

    HIST: 1981 c 29 art 4 s 17; 1984 c 471 s 6; 1990 c 453 s 5 

     204B.18 Polling places; equipment. 

    Subdivision 1.    Booths.  Each polling place must 
 contain a number of voting booths in proportion to the number of 
 individuals eligible to vote in the precinct.  Each booth must 
 be at least six feet high, three feet deep and two feet wide 
 with a shelf at least two feet long and one foot wide placed at 
 a convenient height for writing.  The booth shall be provided 
 with a door or curtains.  Each accessible polling place must 
 have at least one accessible voting booth or other accessible 
 voting station.  All booths or stations must be constructed so 
 that a voter is free from observation while marking ballots.  In 
 all other polling places every effort must be made to provide at 
 least one accessible voting booth or other accessible voting 
 station.  During the hours of voting, the booths must have 
 instructions, a pencil, and other supplies needed to mark the 
 ballots.  If needed, a chair must be provided for elderly and 
 handicapped voters to use while in the voting booth.  All ballot 
 boxes, voting booths, and election judges must be in open public 
 view in the polling place.  

    Subd. 2.    Ballot boxes.  Each polling place shall be 
 provided with one ballot box for each kind of ballot to be cast 
 at the election.  The boxes shall be substantially the same 
 color as the ballots to be deposited in them.  Each box shall be 
 of sufficient size and shall have a sufficient opening to 
 receive and contain all the ballots likely to be deposited in 
 it.  When buff or goldenrod ballot boxes are required, a 
 separate box must be provided for each school district for which 
 ballots are to be cast at that polling place.  The number and 
 name of the school district must appear conspicuously on the top 
 of each buff or goldenrod ballot box. 

    HIST: 1981 c 29 art 4 s 18; 1984 c 471 s 7; 1987 c 266 art 1 s 
 26 

     204B.19 Election judges; qualifications. 

    Subdivision 1.    Individuals qualified to be election 
 judges.  Except as provided in subdivision 6, any individual 
 who is eligible to vote in an election precinct is qualified to 
 be appointed as an election judge for that precinct subject to 
 this section.  If the files of the appointing authority do not 
 contain sufficient voters within a precinct who are qualified 
 and willing to serve as election judges, election judges may be 
 appointed who reside in another precinct in the same 
 municipality, or for school district elections, in the same 
 school district, whether or not the precinct where they reside 
 is in the same county as the precinct where they will serve.  If 
 there are not sufficient voters within the municipality or 
 school district who are qualified and willing to serve as 
 election judges, election judges may be appointed who reside in 
 the county where the precinct is located. 

    Subd. 2.    Individuals not qualified to be election 
 judges.  No individual shall be appointed as an election judge 
 for any precinct if that individual:  

    (a) Is unable to read, write or speak the English language; 

    (b) Is the spouse, parent, child or sibling of any election 
 judge serving in the same precinct or of any candidate at that 
 election; or 

    (c) Is a candidate at that election. 

    Subd. 3. Repealed, 1985 c 248 s 37 

    Subd. 4.    Additional qualifications permitted; 
 examination.  The appointing authority may establish 
 additional qualifications which are not inconsistent with the 
 provisions of this section and which relate to the ability of an 
 individual to perform the duties of an election judge.  The 
 appointing authority may examine any individual who seeks 
 appointment as an election judge to determine whether the 
 individual meets any qualification established under this 
 section.  

    Subd. 5.    Party balance requirement.  No more than 
 half of the election judges in a precinct may be members of the 
 same major political party unless the election board consists of 
 an odd number of election judges, in which case the number of 
 election judges who are members of the same major political 
 party may be one more than half the number of election judges in 
 that precinct.  

    Subd. 6.    High school students.  Notwithstanding any 
 other requirements of this section, a student enrolled in a high 
 school in Minnesota who has attained the age of 16 is eligible 
 to be appointed as a without party affiliation trainee election 
 judge in the municipality in which the student resides.  The 
 student must meet qualifications for trainee election judges 
 specified in rules of the secretary of state.  A student 
 appointed as a trainee election judge may be excused from school 
 attendance during the hours that the student is serving as a 
 trainee election judge if the student submits a written request 
 signed and approved by the student's parent or guardian to be 
 absent from school and a certificate from the appointing 
 authority stating the hours during which the student will serve 
 as a trainee election judge to the principal of the school at 
 least ten days prior to the election.  Students shall not serve 
 as trainee election judges after 10:00 p.m.  Notwithstanding 
 section 177.24 to the contrary, trainee election judges may be 
 paid not less than two-thirds of the minimum wage for a large 
 employer.  The principal of the school may approve a request to 
 be absent from school conditioned on acceptable academic 
 performance and the requirement that the student must have 
 completed or be enrolled in a course of study in government at 
 the time of service as a trainee election judge.  

    HIST: 1981 c 29 art 4 s 19; 1983 c 126 s 1; 1983 c 303 s 7; 
 1985 c 39 s 1; 1987 c 266 art 1 s 27; 1991 c 237 s 1,2; 1995 c 
 34 s 1 

     204B.195 Time off from work to serve as election judge. 

    An individual who is selected to serve as an election judge 
 pursuant to section 204B.21, subdivision 2 may, after giving an 
 employer at least 20 days' written notice, be absent from a 
 place of work for the purpose of serving as an election judge 
 without penalty.  An employer may reduce the salary or wages of 
 an employee serving as an election judge by the amount paid to 
 the election judge by the appointing authority during the time 
 the employee was absent from the place of employment.  

    The written request to be absent from work must be 
 accompanied by a certification from the appointing authority 
 stating the hourly compensation to be paid the employee for 
 service as an election judge and the hours during which the 
 employee will serve.  An employer may restrict the number of 
 persons to be absent from work for the purpose of serving as an 
 election judge to no more than 20 percent of the total work force 
 at any single worksite. 

    HIST: 1983 c 126 s 2; 1986 c 444; 1991 c 237 s 3 

     204B.20 Election board; chair; duties. 

    The election judges appointed to serve in an election 
 precinct shall constitute the election board for that precinct.  
 The appointing authority shall designate one of the election 
 judges in each precinct to serve as the chair of the election 
 board.  The chair shall assign specific duties to the election 
 judges of that precinct as necessary or convenient to complete 
 forms, obtain signatures, and perform all the other duties 
 required of election judges.  

    HIST: 1981 c 29 art 4 s 20; 1986 c 444 

     204B.21 Appointment of election judges. 

    Subdivision 1.    Appointment lists; duties of political 
 parties and county auditor.  On July 1 in a year in which 
 there is an election for a partisan political office, the county 
 or legislative district chairs of each major political party, 
 whichever is designated by the state party, shall prepare a list 
 of eligible voters to act as election judges in each election 
 precinct in the county or legislative district.  The chairs 
 shall furnish the lists to the county auditor of the county in 
 which the precinct is located.  

    By July 15, the county auditor shall furnish to the 
 appointing authorities a list of the appropriate names for each 
 election precinct in the jurisdiction of the appointing 
 authority.  Separate lists shall be submitted by the county 
 auditor for each major political party.  

    Subd. 2.    Appointing authority; powers and duties.  
 Election judges for precincts in a municipality shall be 
 appointed by the governing body of the municipality.  Election 
 judges for precincts in unorganized territory shall be appointed 
 by the county board.  Election judges for a precinct composed of 
 two or more municipalities must be appointed by the governing 
 body of the municipality or municipalities responsible for 
 appointing election judges as provided in the agreement to 
 combine for election purposes.  Appointments shall be made from 
 lists furnished pursuant to subdivision 1 subject to the 
 eligibility requirements and other qualifications established or 
 authorized under section 204B.19.  If no lists have been 
 furnished or if additional election judges are required after 
 all listed names have been exhausted, the appointing authority 
 may appoint any other individual to serve as an election judge 
 subject to the same requirements and qualifications.  The 
 appointments shall be made at least 25 days before the election 
 at which the election judges will serve.  

    HIST: 1981 c 29 art 4 s 21; 1983 c 303 s 8; 1986 c 444; 1987 c 
 212 s 5 

     204B.22 Election judges; number required. 

    Subdivision 1.    Minimum number required.  A minimum of 
 three election judges shall be appointed for each precinct.  In 
 a combined polling place under section 204B.14, subdivision 2, 
 at least one judge must be appointed from each municipality in 
 the combined polling place, provided that not less than three 
 judges shall be appointed for each combined polling place.  The 
 appointing authorities may appoint election judges for any 
 precinct in addition to the number required by this subdivision 
 including additional election judges to count ballots after 
 voting has ended.  An election judge may serve for all or part 
 of election day, at the discretion of the appointing authority, 
 as long as the minimum number of judges required is always 
 present. 

    Subd. 2.    Additional election judges in paper ballot 
 precincts.  In precincts using paper ballots, one election 
 judge shall be appointed for each 150 votes cast in that 
 precinct at the last similar election.  At each state primary or 
 state general election in precincts using paper ballots and in 
 which more than 300 votes were cast at the last similar 
 election, additional election judges shall be appointed to count 
 the ballots and complete the returns in place of the election 
 board that served while voting was taking place.  

    Subd. 3.    Minimum number required in certain precincts. 
  At each state primary or state general election in precincts 
 using lever voting machines or an electronic voting system with 
 marking devices and in which more than 400 votes were cast at 
 the last similar election, the minimum number of election judges 
 is three plus one judge to demonstrate the use of the voting 
 machine or device. 

    HIST: 1981 c 29 art 4 s 22; 1986 c 362 s 3; 1987 c 212 s 6; 
 1994 c 607 s 5; 1997 c 147 s 31 

     204B.23 Vacancies among election judges. 

    A vacancy on an election board occurs when any election 
 judge who is a member of that board:  

    (a) Fails to arrive at the polling place within 30 minutes 
 after the time when the polling place is scheduled to open; 

    (b) Becomes unable to perform the duties of the office 
 after assuming those duties; or 

    (c) For any reason fails or refuses to perform the duties 
 of the office as assigned by the chair of the election board. 

    When a vacancy occurs, the remaining election judges of the 
 precinct shall elect an individual to fill the vacancy subject 
 to the provisions of section 204B.19.  When possible the 
 election judges shall elect individuals who have been trained as 
 election judges pursuant to section 204B.25.  The oath signed by 
 the new election judge shall indicate that the new election 
 judge was elected to fill a vacancy.  The municipal clerk may 
 assign election judges to fill vacancies as they occur. 

    HIST: 1981 c 29 art 4 s 23; 1986 c 444; 1997 c 147 s 32 

     204B.24 Election judges; oath. 

    Each election judge shall sign the following oath before 
 assuming the duties of the office:  

    "I .......... solemnly swear that I will perform the duties 
 of election judge according to law and the best of my ability 
 and will diligently endeavor to prevent fraud, deceit and abuse 
 in conducting this election." 

    The oath shall be attached to the summary statement of the 
 election returns of that precinct.  If there is no individual 
 present who is authorized to administer oaths, the election 
 judges may administer the oath to each other.  

    HIST: 1981 c 29 art 4 s 24 

     204B.25 Training for election judges. 

    Subdivision 1.    Duties of county auditor.  Each county 
 auditor shall provide training for all election judges who are 
 appointed to serve at any election to be held in the county.  
 The county auditor shall also provide a procedure for emergency 
 training of election judges elected to fill vacancies.  The 
 county auditor may delegate to a municipal election official the 
 duty to provide training of election judges in that municipality 
 or school district. 

    Subd. 2.    Rules of secretary of state.  The secretary 
 of state shall adopt rules establishing a program for the 
 training of election judges by county auditors as required by 
 this section.  

    Subd. 3.    Trained election judges; number required.  
 Each election precinct in which less than 100 individuals voted 
 at the last state general election shall have at least two 
 election judges who are members of different major political 
 parties who have received training as required in this section.  
 In every other election precinct, no individual may serve as an 
 election judge who has not received training as required by 
 subdivision 1. 

    HIST: 1981 c 29 art 4 s 25; 1987 c 266 art 1 s 28 

     204B.26 Election judges; violations; penalties. 

    Any individual who serves as an election judge in violation 
 of any of the provisions of sections 204B.19 to 204B.25, is 
 guilty of a misdemeanor.  

    HIST: 1981 c 29 art 4 s 26 

     204B.27 Duties of secretary of state. 

    Subdivision 1.    Blank forms.  At least 25 days before 
 every state election the secretary of state shall transmit to 
 each county auditor a sufficient number of blank county abstract 
 forms and other blank forms the secretary of state deems 
 necessary for the conduct of the election.  

    Subd. 2.    Election law and instructions.  The 
 secretary of state shall prepare and publish a volume containing 
 all state general laws relating to elections.  The attorney 
 general shall provide annotations to the secretary of state for 
 this volume.  On or before July 1 of every even numbered year 
 the secretary of state shall furnish to the county auditors and 
 municipal clerks enough copies of this volume so that each 
 county auditor and municipal clerk will have at least one copy.  
 The secretary of state may prepare and transmit to the county 
 auditors and municipal clerks detailed written instructions for 
 complying with election laws relating to the conduct of 
 elections, conduct of voter registration and voting procedures.  

    Subd. 3.    Instruction posters.  At least 25 days 
 before every state election the secretary of state shall prepare 
 and furnish to the county auditor of each county in which paper 
 ballots are used, voter instruction posters printed in large 
 type upon cards or heavy paper.  The instruction posters must 
 contain the information needed to enable the voters to cast 
 their paper ballots quickly and correctly and indicate the types 
 of assistance available for elderly and handicapped voters.  Two 
 instruction posters shall be furnished for each precinct in 
 which paper ballots are used.  

    Subd. 4.    Pamphlets.  The secretary of state shall 
 prepare and distribute to election officials pamphlets for 
 voters containing impartial instructions relating to voter 
 registration and election procedures.  The pamphlets must 
 indicate the types of registration and voting assistance 
 available for elderly and handicapped individuals and residents 
 of health care facilities and hospitals.  

    Subd. 5.    Conferences for county auditors.  Before 
 each state primary the secretary of state shall conduct 
 conferences with county auditors to instruct them on the 
 administration of election laws and the training of local 
 election officials and election judges.  

    Subd. 6.    Voter participation.  The secretary of state 
 may sponsor or participate in nonpartisan activities to promote 
 voter participation in Minnesota elections and in efforts to 
 increase voter registration and voter turnout. 

    Subd. 7.    Educational activities.  The secretary of 
 state may authorize educational activities related to voting and 
 elections for elementary or secondary school students in the 
 polling place on the day of a state, county, municipal, or 
 school district election.  Ballots used for educational 
 activities must be a different color than any ballot used at the 
 election.  Activities authorized under this subdivision must be 
 administered in a manner that does not interfere with the 
 conduct of the election. 

    Subd. 8.    Voter information telephone line.  The 
 secretary of state shall provide a voter information telephone 
 line for use during the period beginning two weeks before the 
 state primary and ending three days after the state general 
 election.  A toll-free number must be provided for use by 
 persons residing outside the metropolitan calling area.  The 
 secretary of state shall make available information concerning 
 voter registration, absentee voting, election results, and other 
 election-related information considered by the secretary of 
 state to be useful to the public. 

    Subd. 9.    Election supply contract.  The secretary of 
 state may enter into a statewide contract from which any county 
 auditor may purchase ballots, forms, or other election supplies. 

    HIST: 1981 c 29 art 4 s 27; 1983 c 303 s 9; 1984 c 471 s 8,9; 
 1984 c 560 s 10,11; 1987 c 175 s 6; 1989 c 291 art 1 s 9; 1991 c 
 237 s 4; 1992 c 513 art 3 s 43; 1994 c 632 art 3 s 54; 1997 c 
 147 s 33 

     204B.28 Clerks; election supplies; duties. 

    Subdivision 1.    Training program for election officials. 
  Before each state primary, each county auditor shall conduct 
 a training program for local election officials.  The county 
 auditor may require the municipal clerks and the chairs of the 
 election boards in the county to meet for this training program 
 before the election at a time and place set by the county 
 auditor.  The training program shall include instruction in 
 election procedures and the duties of municipal clerks and 
 election judges.  The chairs of the election boards shall be 
 compensated by the municipalities for the incidental expenses 
 incurred by them to attend a training program.  

    Subd. 2.    Election supplies; duties of county auditors 
 and clerks.  Except as otherwise provided for absentee ballots 
 in section 204B.35, subdivision 4, the county auditor shall 
 complete the preparation of the election materials for which the 
 auditor is responsible at least four days before every state 
 primary and state general election.  At any time after all 
 election materials are available from the county auditor but not 
 later than four days before the election each municipal clerk 
 shall secure from the county auditor:  

    (a) The forms that are required for the conduct of the 
 election; 

    (b) Any printed voter instruction materials furnished by 
 the secretary of state; 

    (c) Any other instructions for election officers; and 

    (d) A sufficient quantity of the official ballots, 
 registration files, envelopes for ballot returns, and other 
 supplies and materials required for each precinct in order to 
 comply with the provisions of the Minnesota election law.  The 
 county auditor may furnish the election supplies to the 
 municipal clerks in the same manner as the supplies are 
 furnished to precincts in unorganized territory pursuant to 
 section 204B.29, subdivision 1.  

    HIST: 1981 c 29 art 4 s 28; 1981 c 217 s 5; 1984 c 560 s 12; 
 1986 c 444; 1990 c 585 s 25 

     204B.29 Election judges; election supplies; duties. 

    Subdivision 1.    Securing election materials.  Before 
 9:00 p.m. on the day preceding an election, at least one 
 election judge from each precinct in each municipality, or 
 school district if applicable, shall secure voter registration 
 files, ballots, forms, envelopes and other required supplies 
 from the municipal clerk, school district clerk, or other legal 
 custodian.  The election judge shall deliver the materials to 
 the polling place before the time when voting is scheduled to 
 begin on election day.  The county auditor shall send or deliver 
 the election supplies enumerated in this section to the election 
 judges in the precincts in unorganized territory.  The election 
 supplies may be sent by certified mail, parcel post, express 
 mail or any other postal service providing assured delivery by 
 no later than the day before the election.  If the election 
 supplies are delivered by any other means, they shall be 
 delivered by no later than the day before the election. 

    Each precinct shall be furnished with 100 ballots of each 
 kind for every 85 individuals who voted in that precinct at the 
 last election for the same office or on similar questions, or 
 with ballots of each kind in an amount at least ten percent 
 greater than the number of votes which are reasonably expected 
 to be cast in that precinct in that election, whichever supply 
 of ballots is greater.  No precinct shall be furnished with any 
 ballots containing the name of any candidate who cannot properly 
 be voted for in that precinct.  

    The election judges shall be responsible for the 
 preservation of all election materials received by them until 
 returned to the appropriate election officials after the voting 
 has ended.  

    Subd. 2.    Failure of election judges to secure 
 materials.  If no election judge secures the election 
 materials for a precinct in any municipality, or school district 
 if applicable, as provided in subdivision 1, the municipal or 
 school district clerk shall deliver them to an election judge 
 for that precinct not later than the time when voting is 
 scheduled to begin.  The municipal or school district clerk 
 shall require the election judge accepting delivery of the 
 election supplies to sign a receipt for them.  The election 
 judges of that precinct shall pay the expenses of delivery of 
 the materials and shall be liable for the penalty provided by 
 law for neglect of duty.  

    HIST: 1981 c 29 art 4 s 29; 1984 c 560 s 13; 1987 c 266 art 1 
 s 29 

     204B.30 Unofficial ballots. 

    When no official or substitute ballots are ready at the 
 time when voting is scheduled to begin or if the supply is 
 exhausted before the voting ends, the election judges shall 
 contact the municipal clerk and, at the clerk's direction, shall 
 prepare unofficial ballots, printed or written as nearly as 
 practicable in the form of the official ballots, which ballots 
 may be used until official or substitute ballots are available.  
 When unofficial ballots are prepared and used in any precinct, 
 the election judges shall note that fact on the summary 
 statement of the returns for that precinct and specify the 
 number of unofficial ballots that were cast.  

    HIST: 1981 c 29 art 4 s 30; 1986 c 444 

     204B.31 Compensation for election services. 

    Subdivision 1.    Compensation.  The compensation for 
 services performed under the Minnesota election law shall be as 
 follows: 

    (a) To presidential electors from funds appropriated to the 
 secretary of state for this purpose, $35 for each day of 
 attendance at the capitol and mileage for travel to and from the 
 capitol in the amount allowed for state employees in accordance 
 with section 43A.18, subdivision 2; 

    (b) To individuals, other than county, city, school 
 district, or town employees during their normal work day, who 
 are appointed by the county auditor to carry ballots to or from 
 the county auditor's office, a sum not less than the prevailing 
 Minnesota minimum wage for each hour spent in carrying ballots 
 and mileage in the amount allowed pursuant to section 471.665, 
 subdivision 1; 

    (c) To members of county canvassing boards, a sum not less 
 than the prevailing Minnesota minimum wage for each hour 
 necessarily spent and an amount for each mile of necessary 
 travel equal to the amount allowed pursuant to section 471.665, 
 subdivision 1; 

    (d) To election judges serving in any city, an amount fixed 
 by the governing body of the city; to election judges serving in 
 any school district election which is not held in conjunction 
 with a state election, an amount fixed by the school board of 
 the school district; to election judges serving in unorganized 
 territory, an amount fixed by the county board; and to election 
 judges serving in towns, an amount fixed by the town board.  
 Election judges shall receive at least the prevailing Minnesota 
 minimum wage for each hour spent carrying out their duties at 
 the polling places and in attending training sessions required 
 by section 204B.25, except as provided in subdivision 2.  An 
 election judge who travels to pick up election supplies or to 
 deliver election returns to the county auditor shall receive, in 
 addition to other compensation authorized by this section, a sum 
 not less than the prevailing Minnesota minimum wage for each 
 hour spent performing these duties, plus mileage in the same 
 amount as allowed pursuant to section 471.665, subdivision 1; 
 and 

    (e) To sergeants at arms, an amount for each hour of 
 service performed at the direction of the election judges, fixed 
 in the same manner as compensation for election judges. 

    Subd. 2.    Volunteer service.  Any person appointed to 
 serve as an election judge may elect to serve without payment by 
 submitting a written statement to the appropriate governing body 
 no later than ten days before the election. 

    HIST: 1981 c 29 art 4 s 31; 1982 c 424 s 58; 1983 c 126 s 3; 
 1983 c 253 s 8; 1987 c 266 art 1 s 30; 1997 c 147 s 34 

     204B.32 Election expenses; payment. 

    Subdivision 1.    Payment.  (a) The secretary of state 
 shall pay the compensation for presidential electors, the cost 
 of printing the pink paper ballots, and all necessary expenses 
 incurred by the secretary of state in connection with elections. 

    (b) The counties shall pay the compensation prescribed in 
 section 204B.31, clauses (b) and (c), the cost of printing the 
 canary ballots, the white ballots, the pink ballots when 
 machines are used, the state partisan primary ballots, and the 
 state and county nonpartisan primary ballots, all necessary 
 expenses incurred by county auditors in connection with 
 elections, and the expenses of special county elections.  

    (c) Subject to subdivision 2, the municipalities shall pay 
 the compensation prescribed for election judges and sergeants at 
 arms, the cost of printing the municipal ballots, providing 
 ballot boxes, providing and equipping polling places and all 
 necessary expenses of the municipal clerks in connection with 
 elections, except special county elections.  

    (d) The school districts shall pay the compensation 
 prescribed for election judges and sergeants-at-arms, the cost 
 of printing the school district ballots, providing ballot boxes, 
 providing and equipping polling places and all necessary 
 expenses of the school district clerks in connection with school 
 district elections not held in conjunction with state 
 elections.  When school district elections are held in 
 conjunction with state elections, the school district shall pay 
 the costs of printing the school district ballots, providing 
 ballot boxes and all necessary expenses of the school district 
 clerk.  

    All disbursements under this section shall be presented, 
 audited, and paid as in the case of other public expenses.  

    Subd. 2.    Allocation of election expenses.  The 
 secretary of state shall develop procedures for the allocation 
 of election expenses among counties, municipalities, and school 
 districts for elections that are held concurrently.  The 
 following expenses must be included in the procedures:  salaries 
 of election judges; postage for absentee ballots and 
 applications; preparation of polling places; preparation and 
 testing of electronic voting systems; ballot preparation; 
 publication of election notices and sample ballots; 
 transportation of ballots and election supplies; and 
 compensation for administrative expenses of the county auditor, 
 municipal clerk, or school district clerk. 

    HIST: 1981 c 29 art 4 s 32; 1983 c 301 s 162; 1987 c 266 art 1 
 s 31; 1991 c 227 s 14; 1995 c 8 s 3 

     204B.33 Notice of filing. 

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

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

    HIST: 1981 c 29 art 4 s 33; 1983 c 253 s 9; 1993 c 59 s 1 

     204B.34 Notice of election. 

    Subdivision 1.    State elections.  At least 15 days 
 before any state primary or state general election the municipal 
 clerk shall post in the clerk's office a notice stating the 
 officers to be nominated or elected, the location of each 
 polling place in the municipality, and the hours for voting.  An 
 optional provision of the notice may include municipal officers 
 to be nominated or elected.  The county auditor shall post a 
 similar notice in the auditor's office including information 
 concerning any polling places in unorganized territory in the 
 county.  The governing body of a municipality or county may 
 publish this notice in addition to posting it.  Failure to give 
 the notice required in this section shall not invalidate a state 
 primary or state general election.  

    Subd. 2.    Municipal elections.  Notice of municipal 
 elections shall be given as provided in sections 205.13, 
 subdivision 2; and 205.16, subdivision 1.  

    Subd. 3.    Judicial elections.  When one or more 
 justices of the supreme court or judges of the court of appeals 
 or of a district, county or county municipal court are to be 
 nominated at the same primary or elected at the same general 
 election, the notice of election shall state the name of each 
 justice or judge whose successor is to be nominated or elected.  

    Subd. 4.    School district elections.  Notice of school 
 district elections shall be given as provided in sections 
 205A.06, subdivision 2; and 205A.07, subdivision 1. 

    HIST: 1981 c 29 art 4 s 34; 1982 c 501 s 15; 1983 c 247 s 86; 
 1983 c 303 s 10; 1986 c 444; 1987 c 266 art 1 s 32 

     204B.35 Preparation of ballots. 

    Subdivision 1.    Application.  All ballots for every 
 election shall be prepared in accordance with sections 204B.35 
 to 204B.44 and chapter 204D, except for voting machine ballots 
 or as otherwise provided by law.  

    Subd. 2.    Manner of preparation.  Ballots shall be 
 prepared in a manner that enables the voters to understand which 
 questions are to be voted upon and the identity and number of 
 candidates to be voted for in each office and to designate their 
 choices easily and accurately.  The name of a candidate shall 
 not appear on a ballot in any way that gives the candidate an 
 advantage over an opponent, including words descriptive of the 
 candidate's occupation, qualifications, principles, or opinions, 
 except as otherwise provided by law. 

    Subd. 3.    Number.  The official in charge of preparing 
 ballots shall prepare a sufficient number of ballots:  

    (a) To fill applications of absentee voters; and 

    (b) To provide each precinct with a sufficient number of 
 ballots of each kind as required by section 204B.29, subdivision 
 1.  

    Subd. 4.    Absentee ballots; preparation; delivery.  
 Ballots necessary to fill applications of absentee voters shall 
 be prepared and delivered at least 30 days before the election 
 to the officials who administer the provisions of chapter 203B.  

    This section applies to school district elections held on 
 the same day as a statewide election or an election for a county 
 or municipality located partially or wholly within the school 
 district. 

    Subd. 5.    Combined local elections.  Municipalities 
 shall determine the voting method in combined local elections 
 when other election jurisdictions located wholly or partially 
 within the municipality schedule elections on the same date as 
 the regular municipal primary or general election. 

    HIST: 1981 c 29 art 4 s 35; 1983 c 303 s 11; 1985 c 72 s 3; 
 1986 c 444; 1986 c 475 s 14; 1987 c 62 s 4; 1987 c 266 art 1 s 
 33; 1991 c 227 s 15 

     204B.36 Ballots; form. 

    Subdivision 1.    Type.  All ballots shall be printed 
 with black ink on paper of sufficient thickness to prevent the 
 printing from being discernible from the back.  All ballots of 
 the same color shall be substantially uniform in style of 
 printing, size, thickness and shade of color.  When the ballots 
 of a particular color vary in shade, those used in any one 
 precinct shall be of the same shade.  All ballots shall be 
 printed in easily readable type with suitable lines dividing 
 candidates, offices, instructions and other matter printed on 
 ballots.  The name of each candidate shall be printed in capital 
 letters.  The same type shall be used for the names of all 
 candidates on the same ballot.  

    Subd. 2.    Candidates and offices.  The name of each 
 candidate shall be printed at a right angle to the length of the 
 ballot.  At a general election the name of the political party 
 or the political principle of each candidate for partisan office 
 shall be printed above or below the name of the candidate.  The 
 name of a political party or a political principle shall be 
 printed in capital and lower case letters of the same type, with 
 the capital letters at least one-half the height of the capital 
 letters used for names of the candidates.  At a general 
 election, blank lines containing the words "write-in, if any" 
 shall be printed below the name of the last candidate for each 
 office, or below the title of the office if no candidate has 
 filed for that office, so that a voter may write in the names of 
 individuals whose names are not on the ballot.  One blank line 
 shall be printed for each officer of that kind to be elected.  
 At a primary election, no blank lines shall be provided for 
 writing in the names of individuals whose names do not appear on 
 the primary ballot.  

    On the left side of the ballot at the same level with the 
 name of each candidate and each blank line shall be printed a 
 square in which the voter may designate a vote by a mark (X). 
 Each square shall be the same size.  Above the first name on 
 each ballot shall be printed the words, "Put an (X) in the 
 square opposite the name of each candidate you wish to vote 
 for."  At the same level with these words and directly above the 
 squares shall be printed a small arrow pointing downward.  
 Directly underneath the official title of each office shall be 
 printed the words "Vote for one" or "Vote for up to ..." (any 
 greater number to be elected). 

    Subd. 3.    Question; form of ballot.  When a question 
 is to be submitted to a vote, a concise statement of the nature 
 of the question shall be printed on the ballot.  The words, 
 "YES" and "NO" shall be printed to the left of this statement, 
 with a square to the left of each word so that the voter may 
 indicate by a mark (X) either a negative or affirmative vote.  
 The ballot shall include instructions directing the voter to put 
 an (X) in the square before the word "YES" if the voter desires 
 to vote for the question, or to put an (X) before the word "NO" 
 if the voter desires to vote against the question.  

    Subd. 4.    Judicial candidates.  The official ballot 
 shall contain the names of all candidates for each judicial 
 office and shall state the number of those candidates for whom a 
 voter may vote.  Each seat for an associate justice, associate 
 judge, or judge of the district court must be numbered.  The 
 title of each judicial office shall be printed on the official 
 primary and general election ballot as follows:  

    (a) In the case of the supreme court:  

    "Chief justice - supreme court; 

    "Associate justice (number) - supreme court" 

    (b) In the case of the court of appeals:  

    "Judge (number) - court of appeals; or 

    (c) In the case of the district court:  

    "Judge (number) - (number) district court." 

    Subd. 5.    Designation of incumbent; judicial offices.  
 If a chief justice, associate justice, or judge is a candidate 
 to succeed again, the word "incumbent" shall be printed after 
 that judge's name as a candidate.  

    HIST: 1981 c 29 art 4 s 36; 1983 c 247 s 87; 1983 c 253 s 10; 
 1984 c 560 s 14; 1986 c 362 s 4; 1986 c 444; 1991 c 221 s 1; 
 1993 c 318 art 2 s 45; 1997 c 147 s 35 

     204B.37 Back of ballot. 

    On the back of all ballots shall be printed the words 
 "Official Ballot", the date of the election and lines for the 
 initials of at least two election judges.  The words shall be 
 printed so that they will be visible when the ballot is properly 
 folded for deposit in the ballot box.  

    HIST: 1981 c 29 art 4 s 37 

     204B.38 Names on ballots; identical descriptive words. 

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

    HIST: 1981 c 29 art 4 s 38 

     204B.39 Substitute ballots. 

    If a sufficient number of official ballots are not 
 delivered or if the official ballots are stolen or destroyed and 
 a sufficient number of official ballots cannot be procured, the 
 official in charge of preparing the official ballots shall 
 prepare substitute ballots in the form prescribed by this 
 section.  The substitute ballots shall be prepared in the same 
 form as official ballots as far as practicable.  The word 
 "Substitute" shall be printed in brackets immediately above the 
 words "Official Ballot."  When the substitute ballots are 
 delivered to the municipal clerks or election judges they shall 
 be accompanied by an initialed affidavit of the officer 
 preparing them.  The affidavit shall state that the substitute 
 ballots have been prepared and furnished in the manner 
 prescribed by this section and shall state the reason why 
 sufficient official ballots were not ready for delivery.  The 
 election judges shall include this affidavit with the election 
 returns from that precinct.  

    HIST: 1981 c 29 art 4 s 39 

     204B.40 Ballots; election records and other materials; 
  disposition; inspection of ballots. 

    The county auditors and municipal clerks shall retain all 
 election materials returned to them after any election for at 
 least one year from the date of that election.  The county 
 auditor may also retain election materials from school district 
 elections.  All election materials involved in a contested 
 election shall be retained for one year or until the contest has 
 been finally determined, whichever is later.  Abstracts filed by 
 canvassing boards shall be retained permanently by any officer 
 with whom those abstracts are filed.  Election materials no 
 longer required to be retained pursuant to this section shall be 
 disposed of in accordance with sections 138.163 to 138.21.  
 Sealed envelopes containing voted ballots must be retained 
 unopened, except as provided in this section, in a secure 
 location.  The county auditor, municipal clerk, or school 
 district clerk shall not permit any voted ballots to be tampered 
 with or defaced. 

    After the time for filing a notice of contest for an 
 election has passed, the secretary of state may open the sealed 
 ballot envelopes and inspect the ballots for that election 
 maintained by the county auditors, municipal clerks, or school 
 district clerks for the purpose of monitoring and evaluating 
 election procedures.  No inspected ballot may be marked or 
 identified in any manner.  After inspection, all ballots must be 
 returned to the ballot envelope and the ballot envelope must be 
 securely resealed. 

    HIST: 1981 c 29 art 4 s 40; 1987 c 175 s 7; 1989 c 291 art 1 s 
 10; 1995 c 8 s 4 

     204B.41 Vacancy in nomination; changing ballots. 

    When a vacancy in nomination occurs through the death or 
 catastrophic illness of a candidate after the 16th day before 
 the general election, the officer in charge of preparing the 
 ballots shall prepare and distribute a sufficient number of 
 separate paper ballots which shall be headed with the words 
 "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
 title of the office for which the vacancy in nomination has been 
 filled and the names of all the candidates nominated for that 
 office.  The ballot shall conform to the provisions governing 
 the printing of other official ballots as far as practicable.  
 The title of the office and the names of the candidates for that 
 office shall be blotted out or stricken from the regular ballots 
 by the election judges.  The official supplemental ballot shall 
 be given to each voter when the voter is given the regular 
 ballot or is directed to the voting machine.  Regular ballots 
 shall not be changed nor shall official supplemental ballots be 
 prepared as provided in this section during the three calendar 
 days before an election.  Absentee ballots that have been mailed 
 prior to the preparation of official supplemental ballots shall 
 be counted in the same manner as if the vacancy had not 
 occurred.  Official supplemental ballots shall not be mailed to 
 absent voters to whom ballots were mailed before the official 
 supplemental ballots were prepared. 

    HIST: 1981 c 29 art 4 s 41; 1986 c 444; 1991 c 320 s 13 

     204B.42 Paper color for sample ballots; penalty. 

    No sample ballot shall be printed on paper of the same 
 color as any official ballots except when printed in black ink 
 on white paper and appearing in a newspaper as news matter.  A 
 violation of this section is a misdemeanor.  

    HIST: 1981 c 29 art 4 s 42 

     204B.43 Unlawful printing or distribution of ballots; 
  penalty. 

    Every person authorized or employed to print official 
 ballots who knowingly gives or delivers those ballots to, or 
 knowingly permits them to be taken by, any person other than the 
 official under whose direction they are being printed, or who 
 knowingly prints any ballot or causes or permits any ballot to 
 be printed in a form other than that prescribed by law, or with 
 any other names on it, or with the names of candidates or the 
 titles of offices arranged or the names of candidates spelled in 
 any way other than that authorized and directed by that 
 official, is guilty of a felony.  

    HIST: 1981 c 29 art 4 s 43 

     204B.44 Errors and omissions; remedy. 

    Any individual may file a petition in the manner provided 
 in this section for the correction of any of the following 
 errors, omissions or wrongful acts which have occurred or are 
 about to occur:  

    (a) An error or omission in the placement or printing of 
 the name or description of any candidate or any question on any 
 official ballot; 

    (b) Any other error in preparing or printing any official 
 ballot; 

    (c) Failure of the chair or secretary of the proper 
 committee of a major political party to execute or file a 
 certificate of nomination; 

    (d) Any wrongful act, omission, or error of any election 
 judge, municipal clerk, county auditor, canvassing board or any 
 of its members, the secretary of state, or any other individual 
 charged with any duty concerning an election.  

    The petition shall describe the error, omission or wrongful 
 act and the correction sought by the petitioner.  The petition 
 shall be filed with any judge of the supreme court in the case 
 of an election for state or federal office or any judge of the 
 district court in that county in the case of an election for 
 county, municipal, or school district office.  The petitioner 
 shall serve a copy of the petition on the officer, board or 
 individual charged with the error, omission or wrongful act, and 
 on any other party as required by the court.  Upon receipt of 
 the petition the court shall immediately set a time for a 
 hearing on the matter and order the officer, board or individual 
 charged with the error, omission or wrongful act to correct the 
 error or wrongful act or perform the duty or show cause for not 
 doing so.  The court shall issue its findings and a final order 
 for appropriate relief as soon as possible after the hearing.  
 Failure to obey the order is contempt of court.  

    HIST: 1981 c 29 art 4 s 44; 1986 c 444; 1990 c 453 s 6 

     204B.45 Mail balloting. 

    Subdivision 1.    Authorization.  A municipality having 
 fewer than 400 registered voters on June 1 of an election year 
 and not located in a metropolitan county as defined by section 
 473.121 may provide balloting by mail at any municipal, county, 
 or state election with no polling place other than the office of 
 the auditor or clerk or other locations designated by the 
 auditor or clerk.  The governing body may apply to the county 
 auditor for permission to conduct balloting by mail.  The county 
 board may provide for balloting by mail in unorganized 
 territory.  The governing body of any municipality may designate 
 for mail balloting any precinct having fewer than 50 registered 
 voters, subject to the approval of the county auditor. 

    Voted ballots may be returned in person to any location 
 designated by the county auditor or municipal clerk. 

    Subd. 1a.    Experimental mail balloting; authorization. 
  The secretary of state may authorize Ramsey and Kittson 
 counties to conduct elections entirely by mail on an 
 experimental basis.  A request from a county board seeking 
 authorization to conduct an experimental mail election must be 
 submitted to the secretary of state at least 90 days prior to 
 the election.  The county auditor must pay all costs related to 
 mailing the ballots to and from the voters. 

    The secretary of state shall prepare a report to the 
 legislature on the implementation of this subdivision by January 
 15, 1993. 

    Subd. 2.    Procedure.  Notice of the election and the 
 special mail procedure must be given at least six weeks prior to 
 the election.  No earlier than 20 days or later than 14 days 
 prior to the election, the auditor shall mail ballots by 
 nonforwardable mail to all voters registered in the town or 
 unorganized territory.  Eligible voters not registered at the 
 time the ballots are mailed may apply for ballots as provided in 
 chapter 203B.  Ballot return envelopes, with return postage 
 provided, must be preaddressed to the auditor or clerk and the 
 voter may return the ballot by mail or in person to the office 
 of the auditor or clerk.  The costs of the mailing shall be paid 
 by the election jurisdiction in which the voter resides.  Any 
 ballot received by 8:00 p.m. on the day of the election must be 
 counted.  

    Subd. 3.    Election law applied; rules.  The Minnesota 
 election law is applicable to mail balloting except as provided 
 by this section or by rules adopted by the secretary of state, 
 but only paper ballots may be used.  The secretary of state 
 shall adopt rules for the conduct of mail balloting, including 
 instructions to voters, procedures for challenge of voters, 
 public observation of the counting of ballots, and procedures 
 for proper handling and safeguarding of ballots to ensure the 
 integrity of the election. 

    HIST: 1987 c 212 s 8; 1990 c 585 s 26; 1991 c 227 s 16; 1993 c 
 318 art 1 s 1; 1997 c 145 s 1 

     204B.46 Mail elections; questions. 

    A county, municipality, or school district submitting 
 questions to the voters at a special election may apply to the 
 county auditor for approval of an election by mail with no 
 polling place other than the office of the auditor or clerk.  No 
 more than two questions may be submitted at a mail election and 
 no offices may be voted on.  Notice of the election and the 
 special mail procedure must be given at least six weeks prior to 
 the election.  No earlier than 20 or later than 14 days prior to 
 the election, the auditor or clerk shall mail ballots by 
 nonforwardable mail to all voters registered in the county, 
 municipality, or school district.  Eligible voters not 
 registered at the time the ballots are mailed may apply for 
 ballots pursuant to chapter 203B.  

    HIST: 1987 c 213 s 1; 1989 c 291 art 1 s 11; 1993 c 223 s 11 

     204B.47 Alternate election procedures; duties of 
  secretary of state. 

    When a provision of the Minnesota election law cannot be 
 implemented as a result of an order of a state or federal court, 
 the secretary of state shall adopt alternate election procedures 
 to permit the administration of any election affected by the 
 order.  The alternate procedures remain in effect until the 
 first day of July following the next succeeding final 
 adjournment of the legislature, unless otherwise provided by law 
 or by court order. 

    HIST: 1997 c 147 s 36