1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             the general legislative and administrative expenses of 
  1.4             state government; modifying provisions related to 
  1.5             state government operations; establishing the Fair 
  1.6             Campaign Reform Act; modifying fair campaign 
  1.7             practices; modifying teachers retirement provisions; 
  1.8             providing for acquisition and use of certain voting 
  1.9             systems; conforming with the federal Help America Vote 
  1.10            Act; making certain changes in election 
  1.11            administration; changing certain election dates, 
  1.12            procedures, and requirements; amending Minnesota 
  1.13            Statutes 2002, sections 3.23; 3.98, subdivision 3; 
  1.14            5.08; 10A.02, subdivisions 1, 2, 3, 7, 11, 12; 10A.31, 
  1.15            subdivision 4; 11A.24, subdivision 6; 13.635, by 
  1.16            adding a subdivision; 15.0597, subdivisions 2, 3, 4, 
  1.17            5, 6, 7; 15.0599, subdivision 4; 15.16, subdivision 5; 
  1.18            16A.102, subdivision 2, by adding a subdivision; 
  1.19            16A.103, subdivision 1a; 16A.53, subdivision 1, by 
  1.20            adding subdivisions; 16A.531, by adding a subdivision; 
  1.21            16A.641, subdivision 2; 16B.24, subdivision 3; 16B.31, 
  1.22            subdivision 3; 16B.55, subdivision 3; 85A.02, 
  1.23            subdivision 5a; 115A.557, subdivision 4; 116O.071, 
  1.24            subdivision 3; 116P.08, subdivision 3; 123B.02, by 
  1.25            adding a subdivision; 126C.17, subdivision 11; 
  1.26            144.701, subdivision 4; 193.29, subdivision 3; 193.30; 
  1.27            193.31; 200.02, subdivision 20; 201.021; 201.022; 
  1.28            201.061, subdivisions 1, 3, by adding subdivisions; 
  1.29            201.071, subdivisions 1, 3, by adding subdivisions; 
  1.30            201.081; 201.091, subdivisions 1, 4, 5, by adding a 
  1.31            subdivision; 201.096; 201.11; 201.121, subdivision 1, 
  1.32            by adding a subdivision; 201.13, subdivision 1; 
  1.33            201.14; 201.15, as amended; 201.155; 201.161; 
  1.34            201.1611, subdivision 1; 201.171; 201.211; 201.221, 
  1.35            subdivisions 2, 3; 201.275; 202A.14, subdivision 3; 
  1.36            203B.02, by adding a subdivision; 203B.04, 
  1.37            subdivisions 1, 4, 5, by adding a subdivision; 
  1.38            203B.06, subdivisions 4, 7; 203B.07; 203B.08, 
  1.39            subdivision 3; 203B.085; 203B.11, subdivision 1; 
  1.40            203B.12, subdivision 2; 203B.125; 203B.16, by adding a 
  1.41            subdivision; 203B.17; 203B.19; 203B.20; 203B.21, 
  1.42            subdivision 3; 203B.22; 203B.24; 203B.26; 204B.06, 
  1.43            subdivision 1; 204B.07, subdivision 2; 204B.09, 
  1.44            subdivisions 1, 3; 204B.14, subdivision 2; 204B.16, 
  1.45            subdivisions 3, 5; 204B.18; 204B.19, subdivisions 1, 
  1.46            6; 204B.22, by adding a subdivision; 204B.25, 
  2.1             subdivision 3; 204B.27, subdivision 3; 204B.36, 
  2.2             subdivision 4; 204B.41; 204B.45, subdivision 2; 
  2.3             204B.47; 204C.05, by adding a subdivision; 204C.06, 
  2.4             subdivision 2, by adding a subdivision; 204C.10; 
  2.5             204C.12, subdivision 4; 204C.13, by adding a 
  2.6             subdivision; 204C.20, subdivision 2; 204C.24, 
  2.7             subdivision 1; 204C.28, subdivision 1; 204C.33, 
  2.8             subdivision 1; 204C.35, by adding a subdivision; 
  2.9             204C.36, subdivisions 1, 3, by adding a subdivision; 
  2.10            204C.361; 204D.06; 204D.14, by adding a subdivision; 
  2.11            204D.23, subdivision 4; 204D.27, subdivision 11; 
  2.12            205.02, subdivision 1; 205.075, by adding a 
  2.13            subdivision; 205.10, subdivision 3; 205.16, 
  2.14            subdivision 4, by adding a subdivision; 205.185, 
  2.15            subdivisions 2, 3; 205A.02; 205A.05, subdivision 1; 
  2.16            205A.07, by adding a subdivision; 206.56, subdivision 
  2.17            7; 206.57, by adding subdivisions; 206.64, subdivision 
  2.18            1; 206.81; 206.90, subdivision 6; 211A.02, by adding a 
  2.19            subdivision; 211A.04; 211A.05; 211B.14; 211B.15, 
  2.20            subdivisions 1, 12; 245.90; 270.063, subdivision 1; 
  2.21            270.71; 349.12, subdivision 34; 349.151, by adding a 
  2.22            subdivision; 349.1711, subdivision 2; 349.211, by 
  2.23            adding a subdivision; 351.01, subdivision 4; 354A.08; 
  2.24            354A.12, subdivisions 3a, 3d, by adding a subdivision; 
  2.25            354A.28, subdivision 9; 365.51, subdivision 3; 367.12; 
  2.26            373.40, subdivision 2; 375.101, by adding a 
  2.27            subdivision; 375.20; 383B.055, subdivision 2; 414.041, 
  2.28            subdivision 1; 447.32, subdivisions 3, 4; 458.40; 
  2.29            469.053, subdivision 5; 469.0724; 469.190, subdivision 
  2.30            5; 475.58, subdivisions 1, 1a; 475.59; Minnesota 
  2.31            Statutes 2003 Supplement, sections 16A.102, 
  2.32            subdivision 1; 16A.11, subdivision 3; 84.026; 
  2.33            116J.966, subdivision 1; 123B.63, subdivision 3; 
  2.34            126C.17, subdivision 9; 192.501, subdivision 2; 
  2.35            204B.11, subdivision 1; 205A.07, subdivision 3; 
  2.36            354A.12, subdivision 3b; 465.82, subdivision 2; 
  2.37            465.84; 475.521, subdivision 2; Laws 2000, chapter 
  2.38            391, section 1, subdivisions 1, 2; Laws 2001, First 
  2.39            Special Session chapter 10, article 2, section 77; 
  2.40            Laws 2002, chapter 365, section 9; Laws 2003, First 
  2.41            Special Session chapter 1, article 2, section 123; 
  2.42            Laws 2003, First Special Session chapter 11, article 
  2.43            3, section 13, subdivision 1; proposing coding for new 
  2.44            law in Minnesota Statutes, chapters 10A; 16A; 16B; 
  2.45            201; 203B; 204B; 204C; 204D; 205; 205A; 211A; 211B; 
  2.46            354A; repealing Minnesota Statutes 2002, sections 
  2.47            203B.02, subdivision 1a; 204C.05, subdivisions 1a, 1b; 
  2.48            205.175; 205A.09; 211A.08; 211B.16; 349.2127, 
  2.49            subdivision 9; Minnesota Statutes 2003 Supplement, 
  2.50            section 16A.151, subdivision 5; Minnesota Rules, parts 
  2.51            8200.1200; 8200.2600; 8200.2700; 8200.2900; 8200.3550; 
  2.52            8200.3600; 8200.3700; 8200.3800; 8200.3900; 8200.6200; 
  2.53            8200.9120; 8200.9315; 8200.9320; 8210.0200; 8210.0225; 
  2.54            8210.0500; 8210.0600; 8210.0700; 8210.0800; 8210.2300; 
  2.55            8210.2400; 8210.3000; 8230.3950; 8230.4050. 
  2.56  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.57                             ARTICLE 1 
  2.58                      STATE GOVERNMENT FINANCE 
  2.59  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.60     The dollar amounts shown in the columns marked 
  2.61  "APPROPRIATIONS" are added to or, if shown in parentheses, are 
  2.62  subtracted from the appropriations in Laws 2003, First Special 
  2.63  Session chapter 1, article 1, and are appropriated from the 
  3.1   general fund, or any other fund named, to the agencies and for 
  3.2   the purposes specified in this article, to be available for the 
  3.3   fiscal year indicated for each purpose.  The figures "2004" and 
  3.4   "2005" used in this article mean that the appropriation or 
  3.5   appropriations listed under them are available for the fiscal 
  3.6   years ending June 30, 2004, and June 30, 2005, respectively. 
  3.7                           SUMMARY BY FUND 
  3.8                             2004          2005           TOTAL
  3.9   General             $  (  456,000) $   3,207,000  $  2,751,000  
  3.10                                             APPROPRIATIONS 
  3.11                                         Available for the Year 
  3.12                                             Ending June 30 
  3.13                                            2004         2005 
  3.14  Sec. 2.  LEGISLATURE                 
  3.15  Subdivision 1.  Total 
  3.16  Appropriation                            -0-          (152,000) 
  3.17  The per diem paid to legislators may 
  3.18  not exceed $56 per day.  Legislators 
  3.19  may not be paid a housing allowance for 
  3.20  more than six months in any one 
  3.21  calendar year. 
  3.22  Subd. 2.  Senate
  3.23  $2,000,000 is canceled to the general 
  3.24  fund from amounts previously carried 
  3.25  forward under Minnesota Statutes, 
  3.26  section 16A.281.  
  3.27  Subd. 3.  House of Representatives
  3.28  $2,000,000 is canceled to the general 
  3.29  fund from amounts previously carried 
  3.30  forward under Minnesota Statutes, 
  3.31  section 16A.281. 
  3.32  Subd. 4.  Legislative Coordinating Commission 
  3.33          -0-          (152,000)
  3.34  The reduction in this subdivision takes 
  3.35  effect only if a bill is enacted in 
  3.36  2004 transferring duties related to 
  3.37  actuarial services from the Legislative 
  3.38  Commission on Pensions and Retirement 
  3.39  to public pension funds.  
  3.40  Sec. 3.  GOVERNOR AND 
  3.41  LIEUTENANT GOVERNOR                      -0-           (108,000)
  3.42  Sec. 4.  STATE AUDITOR                   -0-           (249,000)
  3.43  Sec. 5.  ATTORNEY GENERAL                -0-           (677,000)
  3.44  $2,000,000 of the amount carried 
  3.45  forward from fiscal year 2003 to fiscal 
  3.46  year 2004 is canceled to the general 
  3.47  fund. 
  4.1   Sec. 6.  SECRETARY OF STATE              -0-           (181,000)
  4.2   Sec. 7.  ADMINISTRATION                  -0-           (432,000)
  4.3   Sec. 8.  FINANCE                        (456,000)      (456,000)
  4.4   The commissioner of finance may use 
  4.5   $40,000 of the general fund 
  4.6   appropriation in Laws 2003, First 
  4.7   Special Session chapter 1, article 1, 
  4.8   section 28, to pay unemployment 
  4.9   insurance and other shutdown costs 
  4.10  related to the elimination of the 
  4.11  Office of Ombudsman for Corrections.  
  4.12  The funds remain available until June 
  4.13  30, 2005. 
  4.14  Sec. 9.  EMPLOYEE RELATIONS              -0-           (186,000)
  4.15  Sec. 10.  REVENUE                        -0-         (1,402,000)
  4.16  Sec. 11.  MILITARY AFFAIRS 
  4.17  Subdivision 1.  Total 
  4.18  Appropriation                            -0-          4,428,000 
  4.19  Subd. 2.  Appropriation Reduction
  4.20          -0-          (222,000)
  4.21  Subd. 3.  Reenlistment Bonus Program
  4.22          -0-         1,500,000 
  4.23  The appropriation in this subdivision 
  4.24  is for a reenlistment bonus program as 
  4.25  authorized by Minnesota Statutes, 
  4.26  section 192.501, subdivision 1b.  The 
  4.27  appropriation for the reenlistment 
  4.28  bonus program is available until 
  4.29  expended. 
  4.30  Subd. 4.  National Guard Youth Camp
  4.31          -0-            50,000
  4.32  The appropriation in this subdivision 
  4.33  is to assist in the operation of the 
  4.34  Minnesota National Guard Youth Camp at 
  4.35  Camp Ripley.  This appropriation is 
  4.36  contingent on a dollar-for-dollar match 
  4.37  from nonstate sources.  This is a 
  4.38  onetime appropriation. 
  4.39  Subd. 5.  Tuition and Textbook Reimbursement
  4.40  Grant Program
  4.41          -0-        3,100,000
  4.42  The appropriation in this subdivision 
  4.43  is in addition to funding provided by 
  4.44  Laws 2003, First Special Session 
  4.45  chapter 1, article 1, section 16, 
  4.46  subdivision 4.  This appropriation is 
  4.47  available until expended. 
  4.48  Sec. 12.  VETERANS AFFAIRS                 -0-          (78,000)
  4.49  Sec. 13.  LOTTERY 
  4.50  Operating budget limits established in 
  5.1   Minnesota Statutes, section 349A.10, 
  5.2   Laws 2003, First Special Session 
  5.3   chapter 1, article 1, section 23, or 
  5.4   any amendment to Laws 2003, First 
  5.5   Special Session chapter 1, article 1, 
  5.6   section 23, adopted by the 2004 
  5.7   legislature, do not apply to new duties 
  5.8   relating to lease of gaming machines 
  5.9   assigned to the lottery by proposed 
  5.10  Minnesota Statutes, section 349A.17 or 
  5.11  349A.20, or by other laws enacted in 
  5.12  2004.  
  5.13  Sec. 14.  ADMINISTRATION; MOVING COSTS     -0-        2,500,000
  5.14  This appropriation is for relocation of 
  5.15  state agencies as determined by the 
  5.16  commissioner of administration. 
  5.17     Sec. 15.  Minnesota Statutes 2002, section 10A.31, 
  5.18  subdivision 4, is amended to read: 
  5.19     Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
  5.20  individuals for the state elections campaign fund, less three 
  5.21  percent, are appropriated from the general fund, must be 
  5.22  transferred and credited to the appropriate account in the state 
  5.23  elections campaign fund, and are annually appropriated for 
  5.24  distribution as set forth in subdivisions 5, 5a, 6, and 7.  The 
  5.25  remaining three percent must be kept in the general fund for 
  5.26  administrative costs.  
  5.27     (b) In addition to the amounts in paragraph (a), $1,500,000 
  5.28  for each general election is appropriated from the general fund 
  5.29  for transfer to the general account of the state elections 
  5.30  campaign fund. 
  5.31     Sec. 16.  Minnesota Statutes 2002, section 11A.24, 
  5.32  subdivision 6, is amended to read: 
  5.33     Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
  5.34  investments authorized in subdivisions 1 to 5, and subject to 
  5.35  the provisions in paragraph (b), the state board may invest 
  5.36  funds in:  
  5.37     (1) venture capital investment businesses through 
  5.38  participation in limited partnerships, trusts, private 
  5.39  placements, limited liability corporations, limited liability 
  5.40  companies, limited liability partnerships, and corporations; 
  5.41     (2) real estate ownership interests or loans secured by 
  5.42  mortgages or deeds of trust or shares of real estate investment 
  6.1   trusts through investment in limited partnerships, bank 
  6.2   sponsored collective funds, trusts, mortgage participation 
  6.3   agreements, and insurance company commingled accounts, including 
  6.4   separate accounts; 
  6.5      (3) regional and mutual funds through bank sponsored 
  6.6   collective funds and open-end investment companies registered 
  6.7   under the Federal Investment Company Act of 1940, and closed-end 
  6.8   mutual funds listed on an exchange regulated by a governmental 
  6.9   agency; 
  6.10     (4) resource investments through limited partnerships, 
  6.11  trusts, private placements, limited liability corporations, 
  6.12  limited liability companies, limited liability partnerships, and 
  6.13  corporations; and 
  6.14     (5) international securities. 
  6.15     (b) The investments authorized in paragraph (a) must 
  6.16  conform to the following provisions:  
  6.17     (1) the aggregate value of all investments made according 
  6.18  to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
  6.19  of the market value of the fund for which the state board is 
  6.20  investing; 
  6.21     (2) there must be at least four unrelated owners of the 
  6.22  investment other than the state board for investments made under 
  6.23  paragraph (a), clause (1), (2), (3), or (4); 
  6.24     (3) state board participation in an investment vehicle is 
  6.25  limited to 20 percent thereof for investments made under 
  6.26  paragraph (a), clause (1), (2), (3), or (4); and 
  6.27     (4) state board participation in a limited partnership does 
  6.28  not include a general partnership interest or other interest 
  6.29  involving general liability.  The state board may not engage in 
  6.30  any activity as a limited partner which creates general 
  6.31  liability.  
  6.32     (c) Data received, prepared, used, or retained by the state 
  6.33  board in connection with investments authorized by paragraph (a) 
  6.34  are public, including: 
  6.35     (1) the name and industry group classification of the legal 
  6.36  entity in which the state board has invested or in which the 
  7.1   state board has considered an investment; 
  7.2      (2) the state board commitment amount, if any; 
  7.3      (3) the funded amount of the state board's commitment to 
  7.4   date, if any; 
  7.5      (4) the market value of the investment by the state board; 
  7.6      (5) the state board's internal rate of return; and 
  7.7      (6) the age of the investment in years.  
  7.8      However, financial or proprietary data received, prepared, 
  7.9   used, or retained by the state board in connection with 
  7.10  investments authorized by paragraph (a), clauses (1), (2), or 
  7.11  (4), or in which the state board has considered an investment 
  7.12  under these clauses, is nonpublic data under section 13.02, 
  7.13  subdivision 9.  As used in this section, "financial or 
  7.14  proprietary information" means information of a financial or 
  7.15  proprietary character that has not been publicly disseminated or 
  7.16  that is unavailable from other sources, the release of which 
  7.17  would likely cause competitive harm to the state board or to the 
  7.18  legal entity or to a portfolio company in which the legal entity 
  7.19  holds an interest. 
  7.20     Sec. 17.  Minnesota Statutes 2002, section 13.635, is 
  7.21  amended by adding a subdivision to read: 
  7.22     Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
  7.23  data of the State Board of Investment related to investments are 
  7.24  classified under section 11A.24, subdivision 6. 
  7.25     Sec. 18.  Minnesota Statutes 2003 Supplement, section 
  7.26  16A.11, subdivision 3, is amended to read: 
  7.27     Subd. 3.  [PART TWO:  DETAILED BUDGET.] (a) Part two of the 
  7.28  budget, the detailed budget estimates both of expenditures and 
  7.29  revenues, must contain any statements on the financial plan 
  7.30  which the governor believes desirable or which may be required 
  7.31  by the legislature.  The detailed estimates shall include the 
  7.32  governor's budget arranged in tabular form. 
  7.33     (b) Tables listing expenditures for the next biennium must 
  7.34  show the appropriation base for each year as well as the 
  7.35  governor's total recommendation for that year for each 
  7.36  expenditure line.  The appropriation base is the amount 
  8.1   appropriated for the second year of the current biennium, 
  8.2   adjusted in accordance with any provisions of law that specify 
  8.3   changes to the base.  For a statutory appropriation not 
  8.4   specifying a dollar amount or for an appropriation for a 
  8.5   forecasted program, the appropriation base is the amount 
  8.6   estimated to fulfill the appropriation according to the most 
  8.7   recent forecast prepared by the commissioner of finance pursuant 
  8.8   to section 16A.103. 
  8.9      (c) The detailed estimates must include a separate line 
  8.10  listing the total cost of professional and technical service 
  8.11  contracts for the prior biennium and the projected costs of 
  8.12  those contracts for the current and upcoming biennium.  They 
  8.13  must also include a summary of the personnel employed by the 
  8.14  agency, reflected as full-time equivalent positions. 
  8.15     (d) The detailed estimates for internal service funds must 
  8.16  include the number of full-time equivalents by program; detail 
  8.17  on any loans from the general fund, including dollar amounts by 
  8.18  program; proposed investments in technology or equipment of 
  8.19  $100,000 or more; an explanation of any operating losses or 
  8.20  increases in retained earnings; and a history of the rates that 
  8.21  have been charged, with an explanation of any rate changes and 
  8.22  the impact of the rate changes on affected agencies. 
  8.23     Sec. 19.  Minnesota Statutes 2002, section 16A.103, 
  8.24  subdivision 1a, is amended to read: 
  8.25     Subd. 1a.  [FORECAST PARAMETERS.] The forecast must assume 
  8.26  the continuation of current laws and reasonable estimates of 
  8.27  projected growth in the national and state economies and 
  8.28  affected populations.  Revenue must be estimated for all sources 
  8.29  provided for in current law.  Expenditures must be estimated for 
  8.30  all obligations imposed by law and those projected to occur as a 
  8.31  result of variables outside the control of the legislature.  
  8.32  Expenditure estimates must not include an allowance for 
  8.33  inflation, but the forecast must include a separate discussion 
  8.34  of the cost of applying inflation to expenditures. 
  8.35     Sec. 20.  Minnesota Statutes 2002, section 16A.53, 
  8.36  subdivision 1, is amended to read: 
  9.1      Subdivision 1.  [FUND CREATES FUNDS AND ACCOUNTS CREATED BY 
  9.2   LAW.] When a law creates a fund or account in the treasury into 
  9.3   which are deposited certain revenues and out of which certain 
  9.4   expenditures are appropriated, the commissioner may consider the 
  9.5   creation of the fund or account as the creation of a bookkeeping 
  9.6   account in the state's general books of account accounting 
  9.7   system so as to reflect the revenues deposited in the treasury 
  9.8   and credited to the bookkeeping account and the expenditures 
  9.9   appropriated from the treasury and charged to the bookkeeping 
  9.10  account.  The commissioner must organize these bookkeeping 
  9.11  accounts into funds in accordance with generally accepted 
  9.12  accounting principles. 
  9.13     Sec. 21.  Minnesota Statutes 2002, section 16A.53, is 
  9.14  amended by adding a subdivision to read: 
  9.15     Subd. 3.  [COMMISSIONER TO MANAGE FUNDS AND ACCOUNTS.] (a) 
  9.16  As necessary, the commissioner may eliminate an account that is 
  9.17  no longer needed for the purposes specified for it in law.  
  9.18     (b) The commissioner must eliminate an account that meets 
  9.19  the criteria in paragraph (c) unless the commissioner determines 
  9.20  that the account is necessary for efficient fiscal operation. 
  9.21     (c) Criteria for account elimination are: 
  9.22     (1) receipts to the account and transfers into the account 
  9.23  average less than $1,000 per year in the past four years; 
  9.24     (2) year-end balances in the past four years average less 
  9.25  than $1,000 per year; and 
  9.26     (3) the account has been in existence for at least four 
  9.27  years. 
  9.28     (d) Any balances in an eliminated account must be 
  9.29  transferred to the general fund unless some other disposition is 
  9.30  specified in law.  If the commissioner eliminates an account 
  9.31  established in law, the commissioner must notify the 
  9.32  legislature, in a report to the appropriate finance committees, 
  9.33  of the elimination. 
  9.34     Sec. 22.  Minnesota Statutes 2002, section 16A.53, is 
  9.35  amended by adding a subdivision to read: 
  9.36     Subd. 4.  [REPORT.] Each agency that manages accounts 
 10.1   within a fund must report at least annually to the appropriate 
 10.2   finance committees of the legislature on the number, purpose, 
 10.3   and recent financial activity in those accounts.  The 
 10.4   commissioner must establish uniform criteria and timing for the 
 10.5   reports. 
 10.6      Sec. 23.  Minnesota Statutes 2002, section 16A.531, is 
 10.7   amended by adding a subdivision to read: 
 10.8      Subd. 4.  [MISCELLANEOUS SPECIAL REVENUE FUND.] (a) A 
 10.9   miscellaneous special revenue fund is created in the state 
 10.10  treasury.  This fund is for the deposit of receipts and other 
 10.11  revenues that are not placed in any other fund by law or under 
 10.12  section 16A.53.  
 10.13     (b) One-third of the accounts in the miscellaneous special 
 10.14  revenue fund are terminated on June 30, 2007, another one-third 
 10.15  of the accounts in the miscellaneous special revenue fund are 
 10.16  terminated on June 30, 2009, and the remaining accounts in the 
 10.17  miscellaneous special revenue fund are terminated on June 30, 
 10.18  2011.  Thirty months before the termination dates listed in this 
 10.19  paragraph, the commissioner must identify and notify the 
 10.20  appropriate legislative finance committee of the accounts which 
 10.21  are scheduled to terminate on those dates.  Any balance in an 
 10.22  account that is terminated is transferred to the general fund 
 10.23  and any revenues that would have been deposited in that account 
 10.24  are deposited in the general fund.  Any statutory appropriation 
 10.25  made out of an account that is terminated is canceled.  This 
 10.26  paragraph does not apply to an account established after July 1, 
 10.27  2004. 
 10.28     Sec. 24.  [16A.535] [STATE GOVERNMENT; RELATION TO LOCAL.] 
 10.29     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
 10.30  the terms defined in this section have the meanings given them. 
 10.31     Subd. 2.  [LOCAL GOVERNMENT.] "Local government" means a 
 10.32  county, town, or statutory or home rule charter city. 
 10.33     Subd. 3.  [LOCAL GOVERNMENT OF THE SAME KIND.] "Local 
 10.34  government of the same kind" means any category of the 
 10.35  following:  all cities, all counties, or all towns. 
 10.36     Subd. 4.  [SAME CLASS.] "Same class" means all cities of 
 11.1   the same class. 
 11.2      Subd. 5.  [STATE MANDATE.] "State mandate" means a state 
 11.3   law or rule that is specifically directed at or related to local 
 11.4   government structure, operation, services, programs, or 
 11.5   financing that: 
 11.6      (1) imposes a cost on a local government, whether or not 
 11.7   the state appropriates money for the local government to cover 
 11.8   the costs, or authorizes the local government to impose a tax or 
 11.9   fee to cover the costs; 
 11.10     (2) decreases revenue available to a local government 
 11.11  without a commensurate decrease in services and programs 
 11.12  required by the law or rule; 
 11.13     (3) restricts the ability of a local government to 
 11.14  establish services, programs, policies, plans, or goals, or 
 11.15  restricts its ability to raise revenue or finance its services, 
 11.16  programs, policies, plans, or goals; or 
 11.17     (4) implements or interprets federal law and, by its 
 11.18  implementation or interpretation, increases or decreases program 
 11.19  or service or funding levels beyond the level required by 
 11.20  federal law. 
 11.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 11.22     Sec. 25.  [16A.5351] [OPT OUT RESOLUTION AND PROCEDURES.] 
 11.23     Subdivision 1.  [LOCAL PROCEDURE.] (a) A local government 
 11.24  may, by written resolution of the governing body after public 
 11.25  notice and hearing, propose that a state mandate imposed on all 
 11.26  local governments of the same kind or class, except a state 
 11.27  mandate under section 471B.03, should not apply to it.  A local 
 11.28  government also may include in a resolution recommendations for 
 11.29  reforming a mandate.  A local government must adopt a separate 
 11.30  resolution for each mandate that it proposes should not apply to 
 11.31  it.  The resolution must: 
 11.32     (1) specifically cite the state law or rule that imposes 
 11.33  the mandate on the local government; 
 11.34     (2) identify any costs of complying with the mandate and 
 11.35  the total amount of federal and state funds available for 
 11.36  purposes of the mandate; 
 12.1      (3) state the reasons the local government wants to opt out 
 12.2   of the state mandate and any recommendations for reforming the 
 12.3   mandate to achieve greater efficiencies; and 
 12.4      (4) indicate how the local government will otherwise meet 
 12.5   the objectives of the mandate or why the objectives do not apply 
 12.6   to the local government. 
 12.7      (b) Before voting on the resolution, the governing body 
 12.8   must give adequate public notice of the proposed resolution, 
 12.9   including information on whether state or federal funding for 
 12.10  the local government might be adversely affected.  The governing 
 12.11  body must hold at least one public hearing on the proposed 
 12.12  resolution and afford the public opportunity for comment.  The 
 12.13  governing body must encourage public participation in the 
 12.14  hearing in order to determine the extent of public support for 
 12.15  the proposed resolution. 
 12.16     (c) The proponent of the proposed resolution must at least 
 12.17  identify at the hearing: 
 12.18     (1) the costs of complying with the mandate that exceed the 
 12.19  state and federal funds allocated to the district for purposes 
 12.20  of the mandate and recommend reforms for achieving greater 
 12.21  efficiencies; 
 12.22     (2) any potential loss of state or federal revenue that 
 12.23  might result from opting out of the state mandate; 
 12.24     (3) other policy issues or effects that might result; 
 12.25     (4) the purposes for which the mandate was imposed; 
 12.26     (5) those persons and categories of person who will be 
 12.27  adversely affected if the mandate is not complied with; and 
 12.28     (6) a comparison of costs and benefits of the mandate to 
 12.29  the costs and benefits of inaction. 
 12.30     (d) A local government that adopts a resolution must file 
 12.31  the resolution with the state auditor.  At the time of filing, 
 12.32  the local government must pay the state auditor a fee to cover 
 12.33  costs the state auditor incurs in performing the duties under 
 12.34  this section.  The amount of the fee is as follows: 
 12.35     (1) for each resolution filed from a local government with 
 12.36  a population over 100,000, $500; 
 13.1      (2) for each resolution filed from a local government with 
 13.2   a population over 20,000 and not more than 100,000, $350; 
 13.3      (3) for each resolution filed from a local government with 
 13.4   a population over 10,000 and not more than 20,000, $200; and 
 13.5      (4) for each resolution filed from a local government with 
 13.6   a population of not more than 10,000, $50. 
 13.7   All fees collected under this section are appropriated to the 
 13.8   state auditor for the purposes of this section.  On July 1, 
 13.9   2005, and each July 1 thereafter, using the powers granted under 
 13.10  chapter 6, the auditor must determine the actual cost of 
 13.11  performing the duties under this section and adjust the amount 
 13.12  of the fee to reflect the auditor's actual costs. 
 13.13     Subd. 2.  [STATE PROCEDURE.] (a) The state auditor must: 
 13.14     (1) list on the state auditor's Web site all state mandates 
 13.15  cited in a resolution filed with the state auditor, identifying 
 13.16  for each mandate the local governments that have adopted and 
 13.17  filed a resolution to opt out of a mandate, and whether the 
 13.18  threshold under subdivision 3 for opting out has been met; 
 13.19     (2) keep a running total of the number and percent of local 
 13.20  governments of the same kind and, if applicable, same class, 
 13.21  that have filed a resolution to opt out; 
 13.22     (3) notify the legislature when the threshold under 
 13.23  subdivision 3 for opting out has been met; and 
 13.24     (4) each year before Minnesota Statutes or Minnesota 
 13.25  Statutes Supplement is published, at a time determined by the 
 13.26  revisor of statutes, provide to the revisor of statutes and the 
 13.27  local governments that have filed resolutions to opt out of a 
 13.28  mandate a list of all laws and rules that local governments may 
 13.29  opt out of, consistent with legislative action under subdivision 
 13.30  3. 
 13.31     (b) The revisor of statutes must: 
 13.32     (1) publish a list of the affected laws, rules, and local 
 13.33  governments; and 
 13.34     (2) provide appropriate means, including cross-references, 
 13.35  for the public to use the statutes and rules in the context of 
 13.36  the list in clause (1). 
 14.1      Subd. 3.  [THRESHOLD AND CERTIFICATION FOR OPTING OUT; 
 14.2   LEGISLATIVE OVERSIGHT.] (a) The state auditor must notify the 
 14.3   house and senate when the auditor certifies that ten percent or 
 14.4   more of the local governments of the same kind, and, if 
 14.5   applicable, same class, have filed resolutions according to the 
 14.6   requirements of this section.  The opt out resolutions referred 
 14.7   to in a notice delivered by the auditor to the legislature 
 14.8   before the regular session convenes in any year must be 
 14.9   considered and are accepted for implementation if approved by 
 14.10  the legislature under this subdivision. 
 14.11     (b) The house of representatives and senate must adopt 
 14.12  rules ensuring that bills to respond to the resolutions or to 
 14.13  amend the mandate to which they refer are given a priority 
 14.14  status and are presented to the house and to the senate for 
 14.15  consideration and action by the body in a timely manner during 
 14.16  the regular session that year. 
 14.17     Subd. 4.  [OPT OUT IMPLEMENTATION AND LATER OPTING 
 14.18  OUT.] After initial opt out resolutions are approved by the 
 14.19  legislature and take effect, other local governments of the same 
 14.20  kind and, if applicable, same class, may file resolutions to opt 
 14.21  out of the same mandate.  Each of these takes effect after the 
 14.22  auditor accepts the filing and after a subsequent entire 
 14.23  legislative session adjourns.  
 14.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 14.25     Sec. 26.  [16A.5352] [EXCEPTIONS.] 
 14.26     Subdivision 1.  [SCOPE.] The state laws listed in this 
 14.27  section are not subject to section 471B.02 and resolutions to 
 14.28  address concerns related to these laws must not be accepted. 
 14.29     Subd. 2.  [ELECTION LAW.] A local government may not opt 
 14.30  out of Minnesota election law, as defined in section 200.01, and 
 14.31  any other law governing elections. 
 14.32     Subd. 3.  [PROPERTY TAX LAWS.] A local government may not 
 14.33  opt out of any laws related to the property tax system under 
 14.34  chapters 270, 272, 273, 274, 275, 276, 276A, 277, 278, and 473F, 
 14.35  and any other property tax-related provisions in law. 
 14.36     Subd. 4.  [ACCOUNTING, FINANCIAL MANAGEMENT PROCEDURES; 
 15.1   AUDIT REQUIREMENTS.] A local government may not opt out of any 
 15.2   law governing the accounting, financial management, and audit 
 15.3   requirements of local governments.  
 15.4      Subd. 5.  [STATE AUDITOR.] A local government may not opt 
 15.5   out of any provision of chapter 6 or any other law that gives 
 15.6   the state auditor authority to require or receive information 
 15.7   from a local government.  
 15.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 15.9      Sec. 27.  [16B.246] [AT-HOME INFANT CHILD CARE PROGRAM.] 
 15.10     Subdivision 1.  This section applies to state employees and 
 15.11  their families.  
 15.12     Subd. 2.  [ESTABLISHMENT.] A family in which a parent 
 15.13  provides care for the family's infant child may receive a 
 15.14  subsidy in lieu of assistance if the family is eligible for, or 
 15.15  is receiving assistance under the basic sliding fee program.  An 
 15.16  eligible family must meet the eligibility factors under section 
 15.17  119B.09, except as provided in subdivision 4, the income 
 15.18  criteria under section 119B.12, and the requirements of this 
 15.19  section.  Subject to federal match and maintenance of effort 
 15.20  requirements for the child care and development fund, the 
 15.21  commissioner shall establish a pool of up to seven percent of 
 15.22  the annual appropriation for the basic sliding fee program to 
 15.23  provide assistance under the at-home infant child care program.  
 15.24  At the end of a fiscal year, the commissioner may carry forward 
 15.25  any unspent funds under this section to the next fiscal year 
 15.26  within the same biennium for assistance under the basic sliding 
 15.27  fee program. 
 15.28     Subd. 3.  [ELIGIBLE FAMILIES.] A family with an infant 
 15.29  under the age of one year is eligible for assistance if: 
 15.30     (1) the family is not receiving MFIP, other cash 
 15.31  assistance, or other child care assistance; 
 15.32     (2) the family has not previously received a life-long 
 15.33  total of 12 months of assistance under this section; and 
 15.34     (3) the family is participating in the basic sliding fee 
 15.35  program or provides verification of participating in an 
 15.36  authorized activity at the time of application and meets the 
 16.1   program requirements. 
 16.2      Subd. 4.  [ELIGIBLE PARENT.] A family is eligible for 
 16.3   assistance under this section if one parent cares for the 
 16.4   family's infant child.  The eligible parent must: 
 16.5      (1) be over the age of 18; 
 16.6      (2) care for the infant full-time in the infant's home; and 
 16.7      (3) care for any other children in the family who are 
 16.8   eligible for child care assistance under this chapter. 
 16.9      For purposes of this section, "parent" means birth parent, 
 16.10  adoptive parent, or stepparent. 
 16.11     Subd. 5.  [ASSISTANCE.] (a) A family is limited to a 
 16.12  lifetime total of 12 months of assistance under subdivision 2.  
 16.13  The maximum rate of assistance is equal to 90 percent of the 
 16.14  rate established under section 119B.13 for care of infants in 
 16.15  licensed family child care in the applicant's county of 
 16.16  residence.  For purposes of this section, the annual income of 
 16.17  the applicant family must be based on an annualization of the 
 16.18  income received only during the period in which the family is 
 16.19  participating in the at-home infant care program. 
 16.20     (b) A participating family must report income and other 
 16.21  family changes as specified in the county's plan under section 
 16.22  119B.08, subdivision 3. 
 16.23     (c) Persons who are admitted to the at-home infant care 
 16.24  program retain their position in any basic sliding fee program 
 16.25  or on any waiting list attained at the time of admittance.  If 
 16.26  they are on the waiting list, they must advance as if they had 
 16.27  not been admitted to the program.  Persons leaving the at-home 
 16.28  infant care program re-enter the basic sliding fee program at 
 16.29  the position they would have occupied or the waiting list at the 
 16.30  position to which they would have advanced.  Persons who would 
 16.31  have attained eligibility for the basic sliding fee program must 
 16.32  be given assistance or advance to the top of the waiting list 
 16.33  when they leave the at-home infant care program.  Persons 
 16.34  admitted to the at-home infant care program who are not on a 
 16.35  basic sliding fee waiting list may apply to the basic sliding 
 16.36  fee program, and if eligible, be placed on the waiting list. 
 17.1      (d) Assistance under this section does not establish an 
 17.2   employer-employee relationship between any member of the 
 17.3   assisted family and the county or state. 
 17.4      Subd. 6.  [IMPLEMENTATION.] The commissioner shall 
 17.5   implement the at-home infant child care program under this 
 17.6   section through counties that administer the basic sliding fee 
 17.7   program under section 119B.03.  The commissioner must develop 
 17.8   and distribute consumer information on the at-home infant care 
 17.9   program to assist parents of infants or expectant parents in 
 17.10  making informed child care decisions. 
 17.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 17.12     Sec. 28.  Minnesota Statutes 2002, section 16B.55, 
 17.13  subdivision 3, is amended to read: 
 17.14     Subd. 3.  [PERMITTED USES.] A state vehicle may be used by 
 17.15  a state employee to travel to or from the employee's residence:  
 17.16     (1) on a day on which it may be necessary for the employee 
 17.17  to respond to a work-related emergency during hours when the 
 17.18  employee is not normally working; 
 17.19     (2) if the employee has been assigned the use of a state 
 17.20  vehicle for authorized state business on an extended basis, and 
 17.21  the employee's primary place of work is not the state work 
 17.22  station to which the employee is permanently assigned; 
 17.23     (3) if the employee has been assigned the use of a state 
 17.24  vehicle for authorized state business away from the work station 
 17.25  to which the employee is permanently assigned, and the number of 
 17.26  miles traveled, or the time needed to conduct the business, will 
 17.27  be minimized if the employee uses a state vehicle to travel to 
 17.28  the employee's residence before or after traveling to the place 
 17.29  of state business; or 
 17.30     (4) if the employee is authorized to participate in a 
 17.31  ridesharing program established by the commissioner pursuant to 
 17.32  section 174.257.  
 17.33     Use of a state vehicle under this subdivision requires the 
 17.34  prior approval of the agency head or the designee of the agency 
 17.35  head.  A state employee must reimburse the employer for the use 
 17.36  of a state vehicle to the extent the use would be considered a 
 18.1   taxable fringe benefit for the employee under the Internal 
 18.2   Revenue Code and regulations implementing the code, but for the 
 18.3   employee reimbursing the employer.  The reimbursement must be at 
 18.4   the same rate per mile as the standard mileage rate for business 
 18.5   use of an automobile permitted under the Internal Revenue Code 
 18.6   and regulations in effect when the employee uses the state 
 18.7   vehicle.  A state employee must report use of a state vehicle 
 18.8   under this subdivision to the employer within 15 days of use of 
 18.9   the vehicle.  Notwithstanding any law to the contrary, the 
 18.10  employer must deduct from the employee's pay the amount due to 
 18.11  the employer under this subdivision. 
 18.12     Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 18.13  192.501, subdivision 2, is amended to read: 
 18.14     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 18.15  PROGRAM.] (a) The adjutant general shall establish a program to 
 18.16  provide tuition and textbook reimbursement grants to eligible 
 18.17  members of the Minnesota National Guard within the limitations 
 18.18  of this subdivision. 
 18.19     (b) Eligibility is limited to a member of the National 
 18.20  Guard who: 
 18.21     (1) is serving satisfactorily as defined by the adjutant 
 18.22  general; 
 18.23     (2) is attending a postsecondary educational institution, 
 18.24  as defined by section 136A.15, subdivision 6, including a 
 18.25  vocational or technical school operated or regulated by this 
 18.26  state or another state or province; and 
 18.27     (3) provides proof of satisfactory completion of 
 18.28  coursework, as defined by the adjutant general. 
 18.29     In addition, if a member of the Minnesota National Guard is 
 18.30  killed in the line of state active service or federally funded 
 18.31  state active service, as defined in section 190.05, subdivisions 
 18.32  5a and 5b, the member's surviving spouse, and any surviving 
 18.33  dependent who has not yet reached 24 years of age, is eligible 
 18.34  for a tuition and textbook reimbursement grant. 
 18.35     The adjutant general may, within the limitations of this 
 18.36  paragraph and other applicable laws, determine additional 
 19.1   eligibility criteria for the grant, and must specify the 
 19.2   criteria in department regulations and publish changes as 
 19.3   necessary. 
 19.4      (c) The amount of a tuition and textbook reimbursement 
 19.5   grant must be specified on a schedule as determined and 
 19.6   published in department regulations by the adjutant general, but 
 19.7   is limited to a maximum of an amount equal to the greater of: 
 19.8      (1) 75 percent of the cost of tuition for lower division 
 19.9   programs in the College of Liberal Arts at the Twin Cities 
 19.10  campus of the University of Minnesota in the most recent 
 19.11  academic year; or 
 19.12     (2) 50 percent of the cost of tuition for the program in 
 19.13  which the person is enrolled at that Minnesota public 
 19.14  institution, or if that public institution is outside the state 
 19.15  of Minnesota, for the cost of a comparable program at the 
 19.16  University of Minnesota, except that in the case of a survivor 
 19.17  as defined in paragraph (b), the amount of the tuition and 
 19.18  textbook reimbursement grant for coursework satisfactorily 
 19.19  completed by the person is limited to 100 percent of the cost of 
 19.20  tuition for postsecondary courses at a Minnesota public 
 19.21  educational institution. 
 19.22     Paragraph (b) notwithstanding, a person is no longer 
 19.23  eligible for a grant under this subdivision once the person has 
 19.24  received grants under this subdivision for the equivalent of 208 
 19.25  quarter credits or 144 semester credits of coursework. 
 19.26     (d) Tuition and textbook reimbursement grants received 
 19.27  under this subdivision may not be considered by the Minnesota 
 19.28  Higher Education Services Office or by any other state board, 
 19.29  commission, or entity in determining a person's eligibility for 
 19.30  a scholarship or grant-in-aid under sections 136A.095 to 
 19.31  136A.1311. 
 19.32     (e) If a member fails to complete a term of enlistment 
 19.33  during which a tuition and textbook reimbursement grant was 
 19.34  paid, the adjutant general may seek to recoup a prorated amount 
 19.35  as determined by the adjutant general. 
 19.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 20.1      Sec. 30.  Minnesota Statutes 2002, section 193.29, 
 20.2   subdivision 3, is amended to read: 
 20.3      Subd. 3.  [JOINT BOARDS.] In all cases in which If more 
 20.4   than one company or other unit of the military forces shall 
 20.5   occupy occupies the same armory, the armory board shall consist 
 20.6   of officers military personnel assigned to the units or 
 20.7   organizations quartered therein.  The adjutant general shall 
 20.8   designate by order from time to time the representatives of each 
 20.9   unit quartered therein to comprise the armory board for each 
 20.10  armory.  In the discretion of the adjutant general, the 
 20.11  membership of the board may be comprised of officers, warrant 
 20.12  officers, and enlisted personnel and may be changed from time to 
 20.13  time so as to give the several organizations quartered therein 
 20.14  proper representation on the board. 
 20.15     Sec. 31.  Minnesota Statutes 2002, section 193.30, is 
 20.16  amended to read: 
 20.17     193.30 [COMMANDING OFFICERS ORGANIZATION OF ARMORY BOARD.] 
 20.18     The senior officer ranking member on each armory board 
 20.19  shall be the chair, and the junior officer ranking member 
 20.20  thereof shall be the recorder.  A record of the proceedings of 
 20.21  the board shall be kept, and all motions offered, whether 
 20.22  seconded or not, shall be put to a vote and the result 
 20.23  recorded.  In the case of a tie vote the adjutant general, upon 
 20.24  the request of any member, shall decide.  The governor may make 
 20.25  and alter rules for the government of armory boards, officers, 
 20.26  and other persons having charge of armories, arsenals, or other 
 20.27  military property of the state.  
 20.28     Sec. 32.  Minnesota Statutes 2002, section 193.31, is 
 20.29  amended to read: 
 20.30     193.31 [SENIOR OFFICER RANKING MEMBER TO CONTROL DRILL 
 20.31  HALL.] 
 20.32     The senior officer ranking member of any company or other 
 20.33  organization assembling at an armory for drill or instruction 
 20.34  shall have control of the drill hall or other portion of the 
 20.35  premises used therefor during such occupancy, subject to the 
 20.36  rules prescribed for its use and the orders of that officer's 
 21.1   ranking member's superior.  Any person who intrudes contrary to 
 21.2   orders, or who interrupts, molests, or insults any troops so 
 21.3   assembled, or who refuses to leave the premises when properly 
 21.4   requested so to do, shall be guilty of a misdemeanor.  Nothing 
 21.5   in this section shall prevent reasonable inspection of the 
 21.6   premises by the proper municipal officer, or by the lessor 
 21.7   thereof in accordance with the terms of the lease. 
 21.8      Sec. 33.  Minnesota Statutes 2002, section 211B.15, 
 21.9   subdivision 1, is amended to read: 
 21.10     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 21.11  section, "corporation" means: 
 21.12     (1) a corporation organized for profit that does business 
 21.13  in this state; 
 21.14     (2) a nonprofit corporation that carries out activities in 
 21.15  this state; or 
 21.16     (3) a limited liability company formed under chapter 322B, 
 21.17  or under similar laws of another state, that does business in 
 21.18  this state; or 
 21.19     (4) a business entity established or operated by a foreign 
 21.20  government or by an entity or subdivision of an entity that 
 21.21  exercises governmental functions for purposes of Public Law 
 21.22  97-473, Title II. 
 21.23     Sec. 34.  Minnesota Statutes 2002, section 349.12, 
 21.24  subdivision 34, is amended to read: 
 21.25     Subd. 34.  [TIPBOARD.] "Tipboard" means a board, placard or 
 21.26  other device containing a seal that conceals the winning number 
 21.27  or symbol, and that serves as the game flare for a tipboard 
 21.28  game, or a board or placard that is not required to contain a 
 21.29  seal, but for which the winning numbers are determined in whole 
 21.30  or in part by the outcome of one or more professional sporting 
 21.31  events. 
 21.32     Sec. 35.  Minnesota Statutes 2002, section 349.151, is 
 21.33  amended by adding a subdivision to read: 
 21.34     Subd. 4c.  [SPORTS-THEMED TIPBOARD RULES.] The board may 
 21.35  adopt rules for the conduct of tipboards for which the winning 
 21.36  numbers are determined in whole or in part by the outcome of one 
 22.1   or more professional sporting events.  The rules must provide 
 22.2   for operation procedures, internal control standards, posted 
 22.3   information, records, and reports.  The rules must provide for 
 22.4   the award of prizes, method of payout, wagers, determination of 
 22.5   winners, and the specifications of these tipboards.  Cash or 
 22.6   merchandise prizes may be awarded in these tipboards. 
 22.7      Sec. 36.  Minnesota Statutes 2002, section 349.1711, 
 22.8   subdivision 2, is amended to read: 
 22.9      Subd. 2.  [DETERMINATION OF WINNERS.] When the 
 22.10  predesignated numbers or symbols have all been purchased, or all 
 22.11  of the tipboard tickets for that game have been sold, the seal 
 22.12  must be removed to reveal a number or symbol that determines 
 22.13  which of the predesignated numbers or symbols is the winning 
 22.14  number or symbol.  A tipboard may also contain consolation 
 22.15  winners, or winning chances that are determined in whole or in 
 22.16  part by the outcome of one or more professional sporting events, 
 22.17  that need not be determined by the use of the seal. 
 22.18     Sec. 37.  Minnesota Statutes 2002, section 349.211, is 
 22.19  amended by adding a subdivision to read: 
 22.20     Subd. 2d.  [SPORTS-THEMED TIPBOARDS.] The maximum prize 
 22.21  which may be awarded for a tipboard for which the winning 
 22.22  numbers are determined in whole or in part by the outcome of one 
 22.23  or more professional sporting events is $500.  A chance for such 
 22.24  a board may not be sold for more than $10. 
 22.25     Sec. 38.  Minnesota Statutes 2002, section 354A.08, is 
 22.26  amended to read: 
 22.27     354A.08 [AUTHORIZED INVESTMENTS.] 
 22.28     (a) A teachers retirement fund association may receive, 
 22.29  hold, and dispose of real estate or personal property acquired 
 22.30  by it, whether the acquisition was by purchase, or any other 
 22.31  lawful means, as provided in this chapter or in the 
 22.32  association's articles of incorporation. In addition to other 
 22.33  authorized real estate investments, an association may also 
 22.34  invest funds in Minnesota situs nonfarm real estate ownership 
 22.35  interests or loans secured by mortgages or deeds of trust. 
 22.36     (b) All or a portion of the assets of a first class city 
 23.1   teacher retirement fund association may be invested in the 
 23.2   Minnesota supplemental investment fund under section 11A.17. 
 23.3      Sec. 39.  Minnesota Statutes 2002, section 354A.12, is 
 23.4   amended by adding a subdivision to read: 
 23.5      Subd. 2c.  [REIMBURSEMENT OF CERTAIN INVESTMENT 
 23.6   UNDERPERFORMANCE.] (a) If the report of the state auditor under 
 23.7   section 356.219 indicates that the Minneapolis Teachers 
 23.8   Retirement Fund Association has underperformed the State Board 
 23.9   of Investment basic retirement plans in its investment of the 
 23.10  Minneapolis teachers retirement fund assets, on the first of the 
 23.11  month next following the release of that report, the board of 
 23.12  trustees of the Minneapolis Teachers Retirement Fund Association 
 23.13  shall redeem the amount of the underperformance by imposing a 
 23.14  charge on active members, retired members, and other benefit 
 23.15  recipients. 
 23.16     (b) The additional charge on active members must continue 
 23.17  for one year and must be a percentage of covered pay.  The 
 23.18  charge must be set by the board to represent the active member 
 23.19  asset portion of the underperformance as determined by the board.
 23.20     (c) The additional charge on retired members must continue 
 23.21  for one year and must be a deduction from the annuity or 
 23.22  benefit.  The charge must be set by the board to represent the 
 23.23  retired member asset portion of the underperformance as 
 23.24  determined by the board. 
 23.25     (d) The total additional charges under paragraphs (b) and 
 23.26  (c) must equal the total amount of the investment 
 23.27  underperformance.  If an active member retires during the course 
 23.28  of the year during which the additional charge is in force, the 
 23.29  member shall pay or have deducted the appropriate charge for the 
 23.30  appropriate portion of the year. 
 23.31     (e) If the total amount of the underperformance is not 
 23.32  recovered under paragraph (d), the balance of the 
 23.33  underperformance must be added to any underperformance amount in 
 23.34  the next year of underperformance, plus annual compound interest 
 23.35  at the rate of 8.5 percent from the date of the applicable 
 23.36  report of the state auditor to July 1 of the year in which the 
 24.1   balance is to be collected. 
 24.2      Sec. 40.  Minnesota Statutes 2002, section 354A.12, 
 24.3   subdivision 3a, is amended to read: 
 24.4      Subd. 3a.  [SPECIAL DIRECT STATE AID TO FIRST CLASS CITY 
 24.5   TEACHERS RETIREMENT FUND ASSOCIATIONS.] (a) In fiscal year 1998, 
 24.6   the state shall pay $4,827,000 to the St. Paul Teachers 
 24.7   Retirement Fund Association, $17,954,000 to the Minneapolis 
 24.8   Teachers Retirement Fund Association, and $486,000 to the Duluth 
 24.9   Teachers Retirement Fund Association.  In each subsequent fiscal 
 24.10  year, these payments the state shall pay to the first class city 
 24.11  teachers retirement fund associations must be $2,827,000 
 24.12  $2,967,000 for the St. Paul, $12,954,000 Teachers Retirement 
 24.13  Fund Association and $13,300,000 for the Minneapolis, and 
 24.14  $486,000 for Duluth Teachers Retirement Fund Association. 
 24.15     (b) The direct state aids under this subdivision are 
 24.16  payable October 1 annually.  The commissioner of finance shall 
 24.17  pay the direct state aid.  The amount required under this 
 24.18  subdivision is appropriated annually from the general fund to 
 24.19  the commissioner of finance. 
 24.20     (c) The direct state aid for the Minneapolis Teachers 
 24.21  Retirement Fund Association is governed by section 354A.121. 
 24.22     Sec. 41.  Minnesota Statutes 2003 Supplement, section 
 24.23  354A.12, subdivision 3b, is amended to read: 
 24.24     Subd. 3b.  [SPECIAL DIRECT STATE MATCHING AID TO THE 
 24.25  MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 
 24.26  School District No. 1 may make an additional employer 
 24.27  contribution to the Minneapolis Teachers Retirement Fund 
 24.28  Association.  The city of Minneapolis may make a contribution to 
 24.29  the Minneapolis Teachers Retirement Fund Association.  This 
 24.30  contribution may be made by a levy of the board of estimate and 
 24.31  taxation of the city of Minneapolis and the levy, if made, is 
 24.32  classified as that of a special taxing district for purposes of 
 24.33  sections 275.065 and 276.04, and for all other property tax 
 24.34  purposes. 
 24.35     (b) For every $1,000 contributed in equal proportion by 
 24.36  Special School District No. 1 and by the city of Minneapolis to 
 25.1   the Minneapolis teachers retirement fund association under 
 25.2   paragraph (a), the state shall pay to the Minneapolis Teachers 
 25.3   Retirement Fund Association $1,000, but not to exceed $2,500,000 
 25.4   in total in fiscal year 1994.  The superintendent of Special 
 25.5   School District No. 1, the mayor of the city of Minneapolis, and 
 25.6   the executive director of the Minneapolis Teachers Retirement 
 25.7   Fund Association shall jointly certify to the commissioner of 
 25.8   finance the total amount that has been contributed by Special 
 25.9   School District No. 1 and by the city of Minneapolis to the 
 25.10  Minneapolis Teachers Retirement Fund Association.  Any 
 25.11  certification to the commissioner of education must be made 
 25.12  quarterly.  If the total certifications for a fiscal year exceed 
 25.13  the maximum annual direct state matching aid amount in any 
 25.14  quarter, the amount of direct state matching aid payable to the 
 25.15  Minneapolis Teachers Retirement Fund Association must be limited 
 25.16  to the balance of the maximum annual direct state matching aid 
 25.17  amount available.  The amount required under this paragraph, 
 25.18  subject to the maximum direct state matching aid amount, is 
 25.19  appropriated annually to the commissioner of finance.  The state 
 25.20  matching aid is governed by section 354A.121. 
 25.21     (c) The commissioner of finance may prescribe the form of 
 25.22  the certifications required under paragraph (b). 
 25.23     Sec. 42.  Minnesota Statutes 2002, section 354A.12, 
 25.24  subdivision 3d, is amended to read: 
 25.25     Subd. 3d.  [MTRFA AND SPTRFA SUPPLEMENTAL ADMINISTRATIVE 
 25.26  EXPENSE ASSESSMENT.] (a) The active and retired membership of 
 25.27  the Minneapolis Teachers Retirement Fund Association and of the 
 25.28  St. Paul Teachers Retirement Fund Association is responsible for 
 25.29  defraying supplemental administrative expenses other than 
 25.30  investment expenses of the respective teacher retirement fund 
 25.31  association. 
 25.32     (b) Investment expenses of the teachers retirement fund 
 25.33  association are those expenses incurred by or on behalf of the 
 25.34  retirement fund in connection with the investment of the assets 
 25.35  of the retirement fund other than investment security 
 25.36  transaction costs.  Other administrative expenses are all 
 26.1   expenses incurred by or on behalf of the retirement fund for all 
 26.2   other retirement fund functions other than the investment of 
 26.3   retirement fund assets.  Investment and other administrative 
 26.4   expenses must be accounted for using generally accepted 
 26.5   accounting principles and in a manner consistent with the 
 26.6   comprehensive annual financial report of the teachers retirement 
 26.7   fund association for the immediately previous fiscal year under 
 26.8   section 356.20. 
 26.9      (c) Supplemental administrative expenses other than 
 26.10  investment expenses of a first class city teacher retirement 
 26.11  fund association are those expenses for the fiscal year that: 
 26.12     (1) exceed, for the St. Paul Teachers Retirement Fund 
 26.13  Association $443,745, or for the Minneapolis Teacher Retirement 
 26.14  Fund Association $671,513 $428,381, plus, in each case, an 
 26.15  additional amount derived by applying the percentage increase in 
 26.16  the Consumer Price Index for Urban Wage Earners and Clerical 
 26.17  Workers All Items Index published by the Bureau of Labor 
 26.18  Statistics of the United States Department of Labor since July 
 26.19  1, 2001 2004, to the applicable dollar amount; and 
 26.20     (2) for the St. Paul Teachers Retirement Fund Association 
 26.21  only, exceed the amount computed by applying the most recent 
 26.22  percentage of pay administrative expense amount, other than 
 26.23  investment expenses, for the teachers retirement association 
 26.24  governed by chapter 354 to the covered payroll of the respective 
 26.25  teachers retirement fund association for the fiscal year. 
 26.26     (d) The board of trustees of each first class city teachers 
 26.27  retirement fund association shall allocate the total dollar 
 26.28  amount of supplemental administrative expenses other than 
 26.29  investment expenses determined under paragraph (c), clause (2), 
 26.30  among the various active and retired membership groups of the 
 26.31  teachers retirement fund association and shall assess the 
 26.32  various membership groups their respective share of the 
 26.33  supplemental administrative expenses other than investment 
 26.34  expenses, in amounts determined by the board of trustees.  The 
 26.35  supplemental administrative expense assessments must be paid by 
 26.36  the membership group in a manner determined by the board of 
 27.1   trustees of the respective teachers retirement association.  
 27.2   Supplemental administrative expenses payable by the active 
 27.3   members of the pension plan must be picked up by the employer in 
 27.4   accordance with section 356.62. 
 27.5      (e) With respect to the St. Paul Teachers Retirement Fund 
 27.6   Association, the supplemental administrative expense assessment 
 27.7   must be fully disclosed to the various active and retired 
 27.8   membership groups of the teachers retirement fund association.  
 27.9   The chief administrative officer of the St. Paul Teachers 
 27.10  Retirement Fund Association shall prepare a supplemental 
 27.11  administrative expense assessment disclosure notice, which must 
 27.12  include the following: 
 27.13     (1) the total amount of administrative expenses of the St. 
 27.14  Paul Teachers Retirement Fund Association, the amount of the 
 27.15  investment expenses of the St. Paul Teachers Retirement Fund 
 27.16  Association, and the net remaining amount of administrative 
 27.17  expenses of the St. Paul Teachers Retirement Fund Association; 
 27.18     (2) the amount of administrative expenses for the St. Paul 
 27.19  Teachers Retirement Fund Association that would be equivalent to 
 27.20  the teachers retirement association noninvestment administrative 
 27.21  expense level described in paragraph (c); 
 27.22     (3) the total amount of supplemental administrative 
 27.23  expenses required for assessment calculated under paragraph (c); 
 27.24     (4) the portion of the total amount of the supplemental 
 27.25  administrative expense assessment allocated to each membership 
 27.26  group and the rationale for that allocation; 
 27.27     (5) the manner of collecting the supplemental 
 27.28  administrative expense assessment from each membership group, 
 27.29  the number of assessment payments required during the year, and 
 27.30  the amount of each payment or the procedure used to determine 
 27.31  each payment; and 
 27.32     (6) any other information that the chief administrative 
 27.33  officer determines is necessary to fairly portray the manner in 
 27.34  which the supplemental administrative expense assessment was 
 27.35  determined and allocated. 
 27.36     (f) The disclosure notice must be provided annually in the 
 28.1   annual report of the association. 
 28.2      (g) The supplemental administrative expense assessments 
 28.3   must be deposited in the applicable teachers retirement fund 
 28.4   upon receipt. 
 28.5      (h) Any omitted active membership group assessments that 
 28.6   remain undeducted and unpaid to the teachers retirement fund 
 28.7   association for 90 days must be paid by the respective school 
 28.8   district.  The school district may recover any omitted active 
 28.9   membership group assessment amounts that it has previously 
 28.10  paid.  The teachers retirement fund association shall deduct any 
 28.11  omitted retired membership group assessment amounts from the 
 28.12  benefits next payable after the discovery of the omitted amounts.
 28.13     Sec. 43.  [354A.121] [INVESTMENT PROCEDURES FOR STATE AID 
 28.14  TO MINNEAPOLIS TEACHERS RETIREMENT PLAN.] 
 28.15     (a) Notwithstanding any provision of law to the contrary, 
 28.16  special direct state aid to the Minneapolis Teachers Retirement 
 28.17  Fund Association under section 354A.12, subdivision 3a or 3b, 
 28.18  and amortization or supplementary amortization state aid 
 28.19  reallocated to the Minneapolis Teachers Retirement Fund 
 28.20  Association, must be transferred and invested as provided in 
 28.21  this section. 
 28.22     (b) State aid for the Minneapolis Teachers Retirement Fund 
 28.23  Association referenced in paragraph (a) must be transferred to 
 28.24  the executive director of the State Board of Investment for 
 28.25  investment in the Minnesota supplemental investment fund.  The 
 28.26  Minneapolis Teachers Retirement Fund Association state aid 
 28.27  amounts and any investment return obtained on those amounts must 
 28.28  be invested in the income share account unless the executive 
 28.29  director of the State Board of Investment, after appropriate 
 28.30  consultation with the board of trustees of the Minneapolis 
 28.31  Teachers Retirement Fund Association, determines that the amount 
 28.32  should be invested in a different account.  The executive 
 28.33  director of the State Board of Investment, after appropriate 
 28.34  consultation with the board, may transfer amounts between 
 28.35  accounts in the Minnesota supplemental investment fund.  
 28.36     (c) If the assets of the Minneapolis teachers retirement 
 29.1   fund other than the assets to the credit of the Minneapolis 
 29.2   teachers retirement fund in the Minnesota supplemental 
 29.3   investment fund are insufficient to pay retirement annuities and 
 29.4   benefits that are due and payable or the reasonable and 
 29.5   necessary administrative expenses of the retirement plan that 
 29.6   are due and payable, the executive director of the State Board 
 29.7   of Investment shall transfer the required amount to meet that 
 29.8   insufficiency to the chief administrative officer of the 
 29.9   Minneapolis Teachers Retirement Fund Association. 
 29.10     (d) For purposes of annual actuarial valuations and annual 
 29.11  financial reports, the shares in the Minnesota supplemental 
 29.12  investment fund owned by the Minneapolis teachers retirement 
 29.13  fund must be considered an asset of the Minneapolis teachers 
 29.14  retirement fund. 
 29.15     Sec. 44.  Minnesota Statutes 2002, section 354A.28, 
 29.16  subdivision 9, is amended to read: 
 29.17     Subd. 9.  [ADDITIONAL INCREASE.] (a) In addition to the 
 29.18  postretirement increases granted under subdivision 8, an 
 29.19  additional percentage increase must be computed and paid is 
 29.20  payable under this subdivision. 
 29.21     (b) The board of trustees shall determine the number of 
 29.22  annuities annuitants or benefit recipients who have been 
 29.23  receiving an annuity or benefit for at least 12 months as of the 
 29.24  current June 30 in total, for the coordinated program, and for 
 29.25  the basic program.  These recipients are entitled to receive the 
 29.26  surplus investment earnings additional postretirement increase. 
 29.27     (c) Annually, on June 30, the board of trustees of the 
 29.28  teachers retirement fund association shall determine the amount 
 29.29  of reserves in the annuity reserve fund as specified in 
 29.30  subdivision 6. 
 29.31     (d) Annually, on June 30, the board of trustees of the 
 29.32  Minneapolis Teachers Retirement Fund Association shall determine 
 29.33  the five-year annualized rate of return attributable to the 
 29.34  assets in the annuity reserve fund under the formula or formulas 
 29.35  specified in section 11A.04, clause (11) percentage increase 
 29.36  granted to eligible retirees of the teachers retirement 
 30.1   association on the prior January 1, under section 11A.18, 
 30.2   subdivision 9, paragraph (c). 
 30.3      (e) The board of trustees shall determine the amount of 
 30.4   excess five-year annualized rate of return over the 
 30.5   preretirement interest assumption as specified in section 
 30.6   356.215. 
 30.7      (f) (d) The additional increase must be determined by 
 30.8   multiplying the quantity one minus the rate of contribution 
 30.9   deficiency, as specified in the most recent actuarial report of 
 30.10  the actuary retained by the legislative commission on pensions 
 30.11  and retirement, times the rate of return excess as determined in 
 30.12  paragraph (e) for annuitants or benefit recipients of the 
 30.13  coordinated program is the percentage rate determined under 
 30.14  paragraph (c) and, if the Minneapolis Teachers Retirement Fund 
 30.15  Association has a funding ratio of at least 100 percent, the 
 30.16  additional increase for annuitants or benefit recipients of the 
 30.17  basic program is the percentage rate determined under paragraph 
 30.18  (c). 
 30.19     (g) (e) The additional increase is payable to all eligible 
 30.20  annuitants or benefit recipients on January 1 following the June 
 30.21  30 determination date under paragraphs (c) and (d). 
 30.22     Sec. 45.  Laws 2003, First Special Session, chapter 11, 
 30.23  article 3, section 13, subdivision 1, is amended to read: 
 30.24     Subdivision 1.  [CONSERVATION IMPROVEMENT PROGRAM; GENERAL 
 30.25  EVALUATION.] (a) The commissioner of commerce shall contract 
 30.26  with At the direction of the legislative audit commission, the 
 30.27  legislative auditor or other independent third party for shall 
 30.28  conduct a review of: 
 30.29     (1) the cost-effectiveness of the conservation improvement 
 30.30  program, Minnesota Statutes, section 216B.241; 
 30.31     (2) the relevant state statutes, to determine if 
 30.32  conservation requirements could be eliminated or modified to 
 30.33  ensure that conservation dollars are directed toward the most 
 30.34  cost-effective conservation investments; 
 30.35     (2) (3) the relevant state rules, to determine if current 
 30.36  rules allow or facilitate optimum conservation practices and 
 31.1   procedures; and 
 31.2      (3) (4) the department of commerce's conservation 
 31.3   regulatory processes, to determine if the regulatory review 
 31.4   process currently employed results in optimum conservation 
 31.5   investments. 
 31.6      (b) The costs of the review under paragraph (a) may be 
 31.7   recovered by the department commissioner of commerce shall 
 31.8   assess $100,000 as a general administrative expense under 
 31.9   Minnesota Statutes, section 216C.052, subdivision 2, and 
 31.10  transfer these funds to the office of the legislative auditor by 
 31.11  September 1, 2004.  The amount assessed under this paragraph is 
 31.12  appropriated to the office of the legislative auditor to conduct 
 31.13  the review and to contract for technical assistance needed by 
 31.14  the legislative auditor for the review. 
 31.15     Sec. 46.  [STATE LOTTERY; UNCLAIMED PRIZE MONEY; TRANSFER.] 
 31.16     The director of the state lottery, in consultation with the 
 31.17  commissioner of finance, shall determine how much money is still 
 31.18  available of the prize money that was considered unclaimed under 
 31.19  Minnesota Statutes, section 349A.08, subdivision 5, and that was 
 31.20  not committed to the prize of a lottery game under that section 
 31.21  before the 2004 fiscal year.  The director of the state lottery 
 31.22  shall transfer all available prize money to the general fund.  
 31.23     Sec. 47.  [SALE OF STATE LAND.] 
 31.24     Subdivision 1.  [STATE LAND SALES.] The commissioner of 
 31.25  administration shall coordinate with the head of each department 
 31.26  or agency having control of state-owned land to identify and 
 31.27  sell at least $6,210,000 of state-owned land before June 30, 
 31.28  2005, and an additional $6,000,000 by June 30, 2007.  Sales 
 31.29  should be completed according to law and as provided in this 
 31.30  section.  Sales required by this section are in addition to 
 31.31  sales required by laws enacted in 2003.  Notwithstanding 
 31.32  Minnesota Statutes, sections 94.09 and 94.10, or any other law 
 31.33  to the contrary, the commissioner may offer land for public sale 
 31.34  by only providing notice of lands or an offer of sale of lands 
 31.35  to state departments or agencies, the University of Minnesota, 
 31.36  cities, counties, towns, school districts, or other public 
 32.1   entities. 
 32.2      Subd. 2.  [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 
 32.3   Statutes, section 94.16, subdivision 3, or other law to the 
 32.4   contrary, the amount of the proceeds from the sale of land under 
 32.5   this section that exceeds the actual expenses of selling the 
 32.6   land must be deposited in the general fund, except as otherwise 
 32.7   provided by the commissioner of finance.  Notwithstanding 
 32.8   Minnesota Statutes, section 94.11, the commissioner of finance 
 32.9   may establish the timing of payments for land purchased under 
 32.10  this section.  If the total of all money deposited into the 
 32.11  general fund from the proceeds of the sale of land under this 
 32.12  section is anticipated to be less than $6,210,000 in fiscal year 
 32.13  2005 and $6,000,000 in fiscal years 2006 and 2007, the governor 
 32.14  must allocate the amount of the difference as reductions to 
 32.15  general fund operating expenditures for other executive agencies.
 32.16     Subd. 3.  [REVOLVING LOAN FUND.] $192,200 is appropriated 
 32.17  from the general fund in fiscal year 2005 and an additional 
 32.18  $200,000 for the period ending June 30, 2007, to the 
 32.19  commissioner of administration for purposes of paying the actual 
 32.20  expenses of selling state-owned lands to achieve the anticipated 
 32.21  savings required in this section.  From the gross proceeds of 
 32.22  land sales under this section, the commissioner of 
 32.23  administration must cancel the amount of the appropriation in 
 32.24  this subdivision to the general fund by June 30, 2005.  
 32.25     Sec. 48.  [BUILDING RENTAL.] 
 32.26     (a) By July 1, 2004, the commissioner of administration 
 32.27  must issue a request for proposal seeking a person or entity to 
 32.28  lease the state-owned building at 168 Aurora Avenue in the city 
 32.29  of St. Paul.  The request for proposal and the resulting lease 
 32.30  must specify that: 
 32.31     (1) the tenant will use the building to operate a day care 
 32.32  and after-school activity center; 
 32.33     (2) the tenant will make and pay for any improvements 
 32.34  needed to allow the building to be used as a day care and 
 32.35  after-school activity center; and 
 32.36     (3) the state may terminate the lease as required by law, 
 33.1   or within 60 days after passage of a new law requiring the state 
 33.2   to terminate the lease. 
 33.3      (b) The commissioner of administration must enter into a 
 33.4   lease with a person or entity responding to the request for 
 33.5   proposal who demonstrates willingness and ability to meet the 
 33.6   conditions in paragraph (a), clauses (1) to (3).  The lease may 
 33.7   specify terms under which the state will reimburse the tenant 
 33.8   for a portion of the improvements the tenant makes to the 
 33.9   property at the conclusion of the lease. 
 33.10     Sec. 49.  [REPAYMENT.] 
 33.11     If the commissioner of administration is required to repay 
 33.12  the energy assessment account in the special revenue fund 
 33.13  because certain expenditures from the account did not comply 
 33.14  with law, the commissioner must make the repayment from previous 
 33.15  general fund appropriations to the Department of 
 33.16  Administration.  Any reductions in complement resulting from 
 33.17  this repayment must come from unclassified management positions. 
 33.18     Sec. 50.  [RESTRICTIONS ON DEMOLITION.] 
 33.19     No state money may be used for demolition of the Ford 
 33.20  Building at 117 University Avenue, Saint Paul, unless: 
 33.21     (1) the commissioner of administration makes reasonable 
 33.22  efforts to attempt to lease or transfer ownership of the 
 33.23  building to a person or entity that will preserve the historic 
 33.24  features of the building at no cost to the state; and 
 33.25     (2) the commissioner reports to the chairs of the senate 
 33.26  Finance Committee and the house Capital Investment Committee on 
 33.27  what efforts were made to lease or transfer ownership and why 
 33.28  these efforts were not successful. 
 33.29     Sec. 51.  [COMMISSIONER'S RECOMMENDATIONS ON FEE ACCOUNTS.] 
 33.30     By January 2, 2005, the commissioner of finance must report 
 33.31  to the Finance Committee of the senate and the Ways and Means 
 33.32  Committee of the house of representatives on the different 
 33.33  procedures for accounting for and appropriating licensing fee 
 33.34  revenue, and must make recommendations for consistent treatment 
 33.35  of that fee revenue. 
 33.36     Sec. 52.  [APPROPRIATION FOR ASSISTIVE TECHNOLOGY.] 
 34.1      $200,000 is appropriated from the general fund to the 
 34.2   commissioner of administration for a grant to Assistive 
 34.3   Technology of Minnesota as follows: 
 34.4      (1) $150,000 to administer a microloan program to support 
 34.5   the purchase of equipment and devices for people with 
 34.6   disabilities and their families and employers; and 
 34.7      (2) $50,000 to develop the access to telework program.  
 34.8   The appropriation is available until July 1, 2005. 
 34.9      Sec. 53.  [REIMBURSEMENT.] 
 34.10     The commissioner of finance, in consultation with the Mower 
 34.11  County attorney, must determine: 
 34.12     (1) the costs to Mower County related to the charges Mower 
 34.13  County brought against the American Bankers Insurance Company; 
 34.14  and 
 34.15     (2) the amount Mower County received from American Bankers 
 34.16  Insurance Company in connection with settlement of charges 
 34.17  brought against the company. 
 34.18     If the amount in clause (2) is greater than the amount in 
 34.19  clause (1), Mower County must remit the excess to the 
 34.20  commissioner of finance for deposit in the state general fund. 
 34.21     Sec. 54.  [REPEALER.] 
 34.22     (a) Minnesota Statutes 2003 Supplement, section 16A.151, 
 34.23  subdivision 5, is repealed. 
 34.24     (b) Minnesota Statutes 2002, section 349.2127, subdivision 
 34.25  9, is repealed. 
 34.26     Sec. 55.  [EFFECTIVE DATE.] 
 34.27     (a) Unless otherwise specified, sections 1 to 29 and 37 to 
 34.28  44 are effective the day following final enactment. 
 34.29     (b) Sections 38 to 44 are effective July 1, 2004. 
 34.30                             ARTICLE 2 
 34.31                        STATE BUDGET PROCESS 
 34.32     Section 1.  Minnesota Statutes 2002, section 3.23, is 
 34.33  amended to read: 
 34.34     3.23 [APPROPRIATIONS.] 
 34.35     A standing statutory appropriation, within the meaning of 
 34.36  this section and section 3.24, is one which sets apart a 
 35.1   specified or unspecified and open amount of public money or 
 35.2   funds of the state general fund for expenditure for a purpose 
 35.3   and makes the amount, or a part of it, available for use 
 35.4   continuously and at a time more distant than for a period of 
 35.5   time beyond the end of the second fiscal year after the session 
 35.6   of the legislature at which the appropriation is made.  
 35.7      Every appropriation stated to be an "annual appropriation," 
 35.8   "payable annually," "appropriated annually," or "annually 
 35.9   appropriated," and every appropriation described by equivalent 
 35.10  terms or language is a standing statutory appropriation as 
 35.11  defined in this section.  
 35.12     Sec. 2.  Minnesota Statutes 2002, section 3.98, subdivision 
 35.13  3, is amended to read: 
 35.14     Subd. 3.  [DISTRIBUTION.] A copy of the fiscal note shall 
 35.15  be delivered to the chair of the Appropriations Ways and Means 
 35.16  Committee of the house of representatives, the chair of the 
 35.17  Finance Committee of the senate, the chair of the standing 
 35.18  committee to which the bill has been referred, to the chief 
 35.19  author of the bill and to the commissioner of finance. 
 35.20     Sec. 3.  Minnesota Statutes 2002, section 15.16, 
 35.21  subdivision 5, is amended to read: 
 35.22     Subd. 5.  [OBTAINING RECOMMENDATION.] No control of 
 35.23  state-owned lands may be transferred between state departments 
 35.24  or agencies without the departments or agencies first consulting 
 35.25  the chairs of the senate Finance Committee and house of 
 35.26  representatives Appropriations Ways and Means Committee and 
 35.27  obtaining their recommendations.  The recommendations are 
 35.28  advisory only.  Failure to obtain a prompt recommendation is 
 35.29  deemed a negative recommendation. 
 35.30     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 35.31  16A.102, subdivision 1, is amended to read: 
 35.32     Subdivision 1.  [GOVERNOR'S RECOMMENDATION.] (a) By the 
 35.33  date specified in section 16A.11, subdivision 1, for submission 
 35.34  of parts one and two of the governor's budget, the governor 
 35.35  shall submit to the legislature a recommended revenue target for 
 35.36  the next two bienniums.  
 36.1      (b) The recommended revenue target must specify: 
 36.2      (1) the maximum share of Minnesota personal income to be 
 36.3   collected in taxes and other revenues to pay for state and local 
 36.4   government services; and 
 36.5      (2) the division of the share between state and local 
 36.6   government revenues; and 
 36.7      (3) the mix and rates of income, sales, and other state and 
 36.8   local taxes including property taxes and other revenues.  
 36.9      (c) The recommendations must be based on the November 
 36.10  forecast prepared under section 16A.103. 
 36.11     Sec. 5.  Minnesota Statutes 2002, section 16A.102, 
 36.12  subdivision 2, is amended to read: 
 36.13     Subd. 2.  [LEGISLATIVE BUDGET RESOLUTION.] (a) By March 15 
 36.14  of each odd-numbered year, the legislature shall by concurrent 
 36.15  resolution adopt revenue targets for the next two bienniums.  
 36.16     (b) The resolution must specify: 
 36.17     (1) the maximum share of Minnesota personal income to be 
 36.18  collected in taxes and other revenues to pay for state and local 
 36.19  government services; and 
 36.20     (2) the division of the share between state and local 
 36.21  government services; and 
 36.22     (3) the mix and rates of income, sales, and other state and 
 36.23  local taxes including property taxes and other revenues. 
 36.24     (c) The resolution must be based on the February forecast 
 36.25  prepared under section 16A.103 and take into consideration the 
 36.26  revenue targets recommended by the governor under subdivision 1. 
 36.27     Sec. 6.  Minnesota Statutes 2002, section 16A.102, is 
 36.28  amended by adding a subdivision to read: 
 36.29     Subd. 4.  [REPORTING INFORMATION.] When updated information 
 36.30  is available at the time of a state revenue and expenditure 
 36.31  forecast as specified in section 16A.103, subdivision 1, and 
 36.32  after the completion of a legislative session, the Department of 
 36.33  Finance must report on revenue relative to personal income as 
 36.34  specified in subdivision 1. 
 36.35     Sec. 7.  Minnesota Statutes 2002, section 16A.641, 
 36.36  subdivision 2, is amended to read: 
 37.1      Subd. 2.  [REPORT.] Before a sale of general obligation 
 37.2   bonds, the commissioner shall report the amount of bonds to be 
 37.3   issued and a detailed list of the projects or a statement of the 
 37.4   program to be financed to the chairs of the house Appropriations 
 37.5   Ways and Means and Tax Committees and of the senate Finance and 
 37.6   Tax Committees, and the minority leaders of the house and 
 37.7   senate, for their advisory recommendation.  The recommendation 
 37.8   is positive if not received within ten days.  
 37.9      Sec. 8.  Minnesota Statutes 2002, section 16B.24, 
 37.10  subdivision 3, is amended to read: 
 37.11     Subd. 3.  [DISPOSAL OF OLD BUILDINGS.] The commissioner, 
 37.12  upon request of the head of an agency which has control of a 
 37.13  state-owned building which is no longer used or which is a fire 
 37.14  or safety hazard, shall, after obtaining approval of the chairs 
 37.15  of the senate Finance Committee and house of 
 37.16  representatives Appropriations Ways and Means Committee, sell, 
 37.17  wreck, or otherwise dispose of the building.  In the event a 
 37.18  sale is made the proceeds shall be deposited in the proper 
 37.19  account or in the general fund.  
 37.20     Sec. 9.  Minnesota Statutes 2002, section 16B.31, 
 37.21  subdivision 3, is amended to read: 
 37.22     Subd. 3.  [FEDERAL AID.] (a)  [APPLICATION FOR AID.] The 
 37.23  commissioner, or any other agency to whom an appropriation is 
 37.24  made for a capital improvement, shall apply for the maximum 
 37.25  federal share for each project.  
 37.26     (b)  [ACCEPTANCE OF AID.] The commissioner is the state 
 37.27  agency empowered to accept money provided for or made available 
 37.28  to this state by the United States of America or any federal 
 37.29  department or agency for the construction and equipping of any 
 37.30  building for state purposes not otherwise provided for by law, 
 37.31  other than University of Minnesota buildings, in accordance with 
 37.32  the provisions of federal law and any rules or regulations 
 37.33  promulgated under federal law.  The commissioner may do whatever 
 37.34  is required of this state by federal law, rules, and regulations 
 37.35  in order to obtain the federal money.  
 37.36     (c)  [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The 
 38.1   commissioner may after consultation with the chairs of the 
 38.2   senate Finance Committee and house of representatives 
 38.3   Appropriations Ways and Means Committee, adopt a plan, provide 
 38.4   for an improvement, or construct a building that contemplates 
 38.5   expenditure for its completion of more money than the 
 38.6   appropriation for it, if the excess money is provided by the 
 38.7   United States government and granted to the state of Minnesota 
 38.8   under federal law or any rule or regulation promulgated under 
 38.9   federal law.  This federal money, for the purpose of this 
 38.10  section, is a part of the appropriation for the project.  
 38.11     (d)  [DELAYED FEDERAL MONEY.] If an amount is payable to a 
 38.12  creditor of the state from a project account which is financed 
 38.13  partly with federal money and the project is included in 
 38.14  appropriations made to the commissioner for public buildings and 
 38.15  equipment, and the amount cannot be paid on time because of a 
 38.16  deficiency of money in the project account caused by a delay in 
 38.17  the receipt of federal money, the commissioner may provide money 
 38.18  needed to pay the amount by temporarily transferring the sum to 
 38.19  the project account from any other appropriation made to the 
 38.20  commissioner in the same act.  Required money for a payment is 
 38.21  appropriated for that purpose.  When the delayed federal money 
 38.22  is received, the commissioner shall have the amount of money 
 38.23  transferred returned to the account from which it came.  
 38.24     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
 38.25  84.026, is amended to read: 
 38.26     84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
 38.27  RESOURCES SERVICES.] 
 38.28     The commissioner of natural resources is authorized to 
 38.29  enter into contractual or grant agreements with any public or 
 38.30  private entity for the provision of statutorily prescribed 
 38.31  natural resources services by or for the department, including 
 38.32  renewable energy programs for school children under section 
 38.33  123B.02, subdivision 21.  The contracts or grants shall specify 
 38.34  the services to be provided and the amount and method of 
 38.35  reimbursement.  Funds generated in a contractual agreement made 
 38.36  pursuant to this section shall be deposited in the special 
 39.1   revenue fund and are appropriated to the department for purposes 
 39.2   of providing the services specified in the contracts.  All 
 39.3   contractual and grant agreements shall be processed in 
 39.4   accordance with the provisions of section 16C.05.  The 
 39.5   commissioner shall report revenues collected and expenditures 
 39.6   made under this section to the chairs of the Committees 
 39.7   on Appropriations Ways and Means in the house and Finance in the 
 39.8   senate by January 1 of each odd-numbered year. 
 39.9      Sec. 11.  Minnesota Statutes 2002, section 85A.02, 
 39.10  subdivision 5a, is amended to read: 
 39.11     Subd. 5a.  [EMPLOYEES.] (a) The board shall appoint an 
 39.12  administrator who shall serve as the executive secretary and 
 39.13  principal administrative officer of the board and, subject to 
 39.14  its approval, shall operate the Minnesota Zoological Garden and 
 39.15  enforce all rules and policy decisions of the board.  The 
 39.16  administrator must be chosen solely on the basis of training, 
 39.17  experience, and other qualifications appropriate to the field of 
 39.18  zoo management and development.  The board shall set the salary 
 39.19  of the administrator.  The salary of the administrator may not 
 39.20  exceed 130 percent of the salary of the governor; however, any 
 39.21  amount exceeding 95 percent of the salary of the governor must 
 39.22  consist of nonstate funds.  The administrator shall perform 
 39.23  duties assigned by the board and serves in the unclassified 
 39.24  service at the pleasure of the board.  The administrator, with 
 39.25  the participation of the board, shall appoint a development 
 39.26  director in the unclassified service or contract with a 
 39.27  development consultant to establish mechanisms to foster 
 39.28  community participation in and community support for the 
 39.29  Minnesota Zoological Garden.  The board may employ other 
 39.30  necessary professional, technical, and clerical personnel.  
 39.31  Employees of the zoological garden are eligible for salary 
 39.32  supplement in the same manner as employees of other state 
 39.33  agencies.  The commissioner of finance shall determine the 
 39.34  amount of salary supplement based on available funds. 
 39.35     (b) The board may contract with individuals to perform 
 39.36  professional services and may contract for the purchases of 
 40.1   necessary species exhibits, supplies, services, and equipment. 
 40.2   The board may also contract for the construction and operation 
 40.3   of entertainment facilities on the zoo grounds that are not 
 40.4   directly connected to ordinary functions of the zoological 
 40.5   garden.  The zoo board may not enter into a final agreement for 
 40.6   construction of an entertainment facility that is not directly 
 40.7   connected to the ordinary functions of the zoo until after final 
 40.8   construction plans have been submitted to the chairs of the 
 40.9   senate Finance and house Appropriations Ways and Means 
 40.10  Committees for their recommendations. 
 40.11     The zoo may not contract for entertainment during the 
 40.12  period of the Minnesota State Fair that would directly compete 
 40.13  with entertainment at the Minnesota State Fair. 
 40.14     Sec. 12.  Minnesota Statutes 2002, section 115A.557, 
 40.15  subdivision 4, is amended to read: 
 40.16     Subd. 4.  [REPORT.] By July 1 of each odd-numbered year, 
 40.17  the director shall report on how the money was spent and the 
 40.18  resulting statewide improvements in solid waste management to 
 40.19  the house of representatives and senate Appropriations Ways and 
 40.20  Means, Finance, and Environment and Natural Resources 
 40.21  Committees, the Finance Division of the senate Committee on 
 40.22  Environment and Natural Resources, and the house of 
 40.23  representatives Committee on Environment and Natural Resources 
 40.24  Finance.  The report shall be included in the report required 
 40.25  under section 115A.411. 
 40.26     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 40.27  116J.966, subdivision 1, is amended to read: 
 40.28     Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
 40.29  promote, develop, and facilitate trade and foreign investment in 
 40.30  Minnesota.  In furtherance of these goals, and in addition to 
 40.31  the powers granted by section 116J.035, the commissioner may:  
 40.32     (1) locate, develop, and promote international markets for 
 40.33  Minnesota products and services; 
 40.34     (2) arrange and lead trade missions to countries with 
 40.35  promising international markets for Minnesota goods, technology, 
 40.36  services, and agricultural products; 
 41.1      (3) promote Minnesota products and services at domestic and 
 41.2   international trade shows; 
 41.3      (4) organize, promote, and present domestic and 
 41.4   international trade shows featuring Minnesota products and 
 41.5   services; 
 41.6      (5) host trade delegations and assist foreign traders in 
 41.7   contacting appropriate Minnesota businesses and investments; 
 41.8      (6) develop contacts with Minnesota businesses and gather 
 41.9   and provide information to assist them in locating and 
 41.10  communicating with international trading or joint venture 
 41.11  counterparts; 
 41.12     (7) provide information, education, and counseling services 
 41.13  to Minnesota businesses regarding the economic, commercial, 
 41.14  legal, and cultural contexts of international trade; 
 41.15     (8) provide Minnesota businesses with international trade 
 41.16  leads and information about the availability and sources of 
 41.17  services relating to international trade, such as export 
 41.18  financing, licensing, freight forwarding, international 
 41.19  advertising, translation, and custom brokering; 
 41.20     (9) locate, attract, and promote foreign direct investment 
 41.21  and business development in Minnesota to enhance employment 
 41.22  opportunities in Minnesota; 
 41.23     (10) provide foreign businesses and investors desiring to 
 41.24  locate facilities in Minnesota information regarding sources of 
 41.25  governmental, legal, real estate, financial, and business 
 41.26  services; 
 41.27     (11) enter into contracts or other agreements with private 
 41.28  persons and public entities, including agreements to establish 
 41.29  and maintain offices and other types of representation in 
 41.30  foreign countries, to carry out the purposes of promoting 
 41.31  international trade and attracting investment from foreign 
 41.32  countries to Minnesota and to carry out this section, without 
 41.33  regard to section 16C.06; and 
 41.34     (12) market trade-related materials to businesses and 
 41.35  organizations, and the proceeds of which must be placed in a 
 41.36  special revolving account and are appropriated to the 
 42.1   commissioner to prepare and distribute trade-related materials.  
 42.2      (b) The programs and activities of the commissioner of 
 42.3   employment and economic development and the Minnesota Trade 
 42.4   Division may not duplicate programs and activities of the 
 42.5   commissioner of agriculture or the Minnesota World Trade Center. 
 42.6      (c) The commissioner shall notify the chairs of the senate 
 42.7   Finance and house Appropriations Ways and Means Committees of 
 42.8   each agreement under this subdivision to establish and maintain 
 42.9   an office or other type of representation in a foreign country. 
 42.10     Sec. 14.  Minnesota Statutes 2002, section 116O.071, 
 42.11  subdivision 3, is amended to read: 
 42.12     Subd. 3.  [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The 
 42.13  governor, speaker of the house of representatives, house of 
 42.14  representatives minority leader, senate majority leader, senate 
 42.15  minority leader, chair of the house of representatives 
 42.16  Appropriations Ways and Means Committee, chair of the senate 
 42.17  Finance Committee, director, or a member of the legislature 
 42.18  considering the introduction or approval of legislation 
 42.19  containing funding for scientifically and technologically 
 42.20  related research and development may request the corporation to 
 42.21  evaluate a loan or grant made or to be made or the proposed 
 42.22  legislation for funding scientifically and technologically 
 42.23  related research and development to determine (1) whether it 
 42.24  complies with the guidelines required by subdivision 1, clause 
 42.25  (1), item (ii); (2) whether it is technically feasible; and (3) 
 42.26  for development proposals, whether the proposal appears to have 
 42.27  the potential for economic development.  Ad hoc committees may 
 42.28  be appointed by the corporation. 
 42.29     Sec. 15.  Minnesota Statutes 2002, section 116P.08, 
 42.30  subdivision 3, is amended to read: 
 42.31     Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
 42.32  shall adopt a strategic plan for making expenditures from the 
 42.33  trust fund, including identifying the priority areas for funding 
 42.34  for the next six years.  The strategic plan must be updated 
 42.35  every two years.  The plan is advisory only.  The commission 
 42.36  shall submit the plan, as a recommendation, to the house of 
 43.1   representatives Appropriations Ways and Means and senate Finance 
 43.2   Committees by January 1 of each odd-numbered year. 
 43.3      (b) The commission may accept or modify the draft of the 
 43.4   strategic plan submitted to it by the advisory committee before 
 43.5   voting on the plan's adoption. 
 43.6      Sec. 16.  Minnesota Statutes 2002, section 123B.02, is 
 43.7   amended by adding a subdivision to read: 
 43.8      Subd. 21.  [WIND ENERGY CONVERSION SYSTEM.] The board may 
 43.9   acquire, own in whole or in part, operate, or sell energy from a 
 43.10  wind energy conservation system, as defined in section 216C.06, 
 43.11  subdivision 19.  The board's share of proceeds from the sale of 
 43.12  any energy from the wind energy conservation system must not 
 43.13  exceed the sum of the district's total energy costs for the 
 43.14  preceding year, net of any maintenance and repair costs related 
 43.15  to the wind energy conservation system.  A board owning, 
 43.16  operating, or selling energy from a wind energy conservation 
 43.17  system must integrate information about wind energy conservation 
 43.18  systems, developed in consultation with the Environmental 
 43.19  Education Advisory Board, in its educational programming.  
 43.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 43.21  following final enactment. 
 43.22     Sec. 17.  Minnesota Statutes 2002, section 144.701, 
 43.23  subdivision 4, is amended to read: 
 43.24     Subd. 4.  [FILING FEES.] Each report which is required to 
 43.25  be submitted to the commissioner of health under sections 
 43.26  144.695 to 144.703 and which is not submitted to a voluntary, 
 43.27  nonprofit reporting organization in accordance with section 
 43.28  144.702 shall be accompanied by a filing fee in an amount 
 43.29  prescribed by rule of the commissioner of health.  Upon the 
 43.30  withdrawal of approval of a reporting organization, or the 
 43.31  decision of the commissioner to not renew a reporting 
 43.32  organization, fees collected under section 144.702 shall be 
 43.33  submitted to the commissioner.  Fees received under this 
 43.34  subdivision shall be deposited in a revolving fund and are 
 43.35  appropriated to the commissioner of health for the purposes of 
 43.36  sections 144.695 to 144.703.  The commissioner shall report the 
 44.1   termination or nonrenewal of the voluntary reporting 
 44.2   organization to the chair of the Health and Human Services 
 44.3   Subdivision of the Appropriations Finance Committee of the house 
 44.4   of representatives, to the chair of the Health and Human 
 44.5   Services Division of the Finance Committee of the senate, and 
 44.6   the commissioner of finance. 
 44.7      Sec. 18.  Minnesota Statutes 2002, section 245.90, is 
 44.8   amended to read: 
 44.9      245.90 [COURT AWARDED FUNDS, DISPOSITION.] 
 44.10     The commissioner of human services shall notify the house 
 44.11  Appropriations Ways and Means and senate Finance Committees of 
 44.12  the terms of any contractual arrangement entered into by the 
 44.13  commissioner and the attorney general, pursuant to an order of 
 44.14  any court of law, which provides for the receipt of funds by the 
 44.15  commissioner.  
 44.16     Any funds recovered or received by the commissioner 
 44.17  pursuant to an order of any court of law shall be placed in the 
 44.18  general fund.  
 44.19     Sec. 19.  Minnesota Statutes 2002, section 270.063, 
 44.20  subdivision 1, is amended to read: 
 44.21     Subdivision 1.  [APPROPRIATION.] For the purpose of 
 44.22  collecting delinquent state tax liabilities or debts as defined 
 44.23  in section 16D.02, subdivision 3, there is appropriated to the 
 44.24  commissioner of revenue an amount representing the cost of 
 44.25  collection by contract with collection agencies, revenue 
 44.26  departments of other states, or attorneys to enable the 
 44.27  commissioner to reimburse these agencies, departments, or 
 44.28  attorneys for this service.  The commissioner shall report 
 44.29  quarterly on the status of this program to the chair of the 
 44.30  house Tax and Appropriation Ways and Means Committees and senate 
 44.31  Tax and Finance Committees. 
 44.32     Sec. 20.  Minnesota Statutes 2002, section 270.71, is 
 44.33  amended to read: 
 44.34     270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.] 
 44.35     For the purpose of enabling the commissioner of revenue to 
 44.36  purchase or redeem seized property in which the state of 
 45.1   Minnesota has an interest arising from a lien for unpaid taxes, 
 45.2   or to provide for the operating costs of collection activities 
 45.3   of the Department of Revenue, there is appropriated to the 
 45.4   commissioner an amount representing the cost of such purchases, 
 45.5   redemptions, or collection activities.  Seized property acquired 
 45.6   by the state of Minnesota to satisfy unpaid taxes shall be 
 45.7   resold by the commissioner.  The commissioner shall preserve the 
 45.8   value of seized property while controlling it, including but not 
 45.9   limited to the procurement of insurance.  For the purpose of 
 45.10  refunding the proceeds from the sale of levied or redeemed 
 45.11  property which are in excess of the actual tax liability plus 
 45.12  costs of acquiring the property, there is hereby created a 
 45.13  levied and redeemed property refund account in the agency fund.  
 45.14  All amounts deposited into this account are appropriated to the 
 45.15  commissioner of revenue.  The commissioner shall report 
 45.16  quarterly on the status of this program to the chairs of the 
 45.17  house Taxes and Appropriations Ways and Means Committees and 
 45.18  senate Taxes and Tax Laws and Finance Committees. 
 45.19                             ARTICLE 3 
 45.20                      FAIR CAMPAIGN REFORM ACT 
 45.21     Section 1.  [CITATION.] 
 45.22     This article may be cited as the Fair Campaign Reform Act. 
 45.23     Sec. 2.  Minnesota Statutes 2002, section 10A.02, 
 45.24  subdivision 1, is amended to read: 
 45.25     Subdivision 1.  [MEMBERSHIP.] The Campaign Finance and 
 45.26  Public Disclosure Board is composed of six nine members.  The 
 45.27  governor must appoint the members with the advice and consent of 
 45.28  three-fifths of both the senate and the house of representatives 
 45.29  acting separately.  If either house fails to confirm the 
 45.30  appointment of a board member within 45 legislative days after 
 45.31  appointment or by adjournment sine die, whichever occurs first, 
 45.32  the appointment terminates on the day following the 45th 
 45.33  legislative day or on adjournment sine die, whichever occurs 
 45.34  first.  If either house votes not to confirm an appointment, the 
 45.35  appointment terminates on the day following the vote not to 
 45.36  confirm.  Two members must be former members of the legislature 
 46.1   who support different political parties; two three members must 
 46.2   be persons who have not been public officials, held any 
 46.3   political party office other than precinct delegate, or been 
 46.4   elected to public office for which party designation is required 
 46.5   by statute in the three years preceding the date of their 
 46.6   appointment; and the other two four members must support 
 46.7   different political parties.  No more than three of the members 
 46.8   of the board may support the same political party.  No member of 
 46.9   the board may currently serve as a lobbyist. 
 46.10     Sec. 3.  Minnesota Statutes 2002, section 10A.02, 
 46.11  subdivision 2, is amended to read: 
 46.12     Subd. 2.  [VACANCY; TERMS.] An appointment to fill a 
 46.13  vacancy is made only for the unexpired term of a member who is 
 46.14  being replaced and the appointee must meet the same stated 
 46.15  qualifications as the member being replaced.  The membership 
 46.16  terms, compensation, and removal of members on the board are as 
 46.17  provided in section 15.0575, except that the extension of terms 
 46.18  and the filling of vacancies are subject to the advice and 
 46.19  consent of the legislature in the same manner as provided in 
 46.20  subdivision 1, and that the compensation for a member attending 
 46.21  an expedited hearing under section 10A.63 is $100 per day. 
 46.22     Sec. 4.  Minnesota Statutes 2002, section 10A.02, 
 46.23  subdivision 3, is amended to read: 
 46.24     Subd. 3.  [VOTE REQUIRED.] The concurring vote of four six 
 46.25  members of the board is required to decide any matter before the 
 46.26  board. 
 46.27     Sec. 5.  Minnesota Statutes 2002, section 10A.02, 
 46.28  subdivision 7, is amended to read: 
 46.29     Subd. 7.  [POLITICAL ACTIVITY.] (a) All members and 
 46.30  employees of the board are subject to any provisions of law 
 46.31  regulating political activity by state employees.  In addition, 
 46.32  no member or employee of the board may be a candidate for, or 
 46.33  holder of, (1) a national, state, congressional district, 
 46.34  legislative district, county, or precinct office in a political 
 46.35  party, or (2) an elected public office for which party 
 46.36  designation is required by statute.  
 47.1      (b) A member or employee of the board must not serve on a 
 47.2   committee supporting or opposing a candidate or ballot question 
 47.3   and must not make a contribution to or solicit a contribution on 
 47.4   behalf of a candidate, political committee, political fund, 
 47.5   party unit, or ballot question.  For purposes of this paragraph, 
 47.6   "candidate" includes a state candidate, as defined in section 
 47.7   10A.01, subdivision 10, and a local candidate, as defined in 
 47.8   section 211A.01, subdivision 3. 
 47.9      Sec. 6.  Minnesota Statutes 2002, section 10A.02, 
 47.10  subdivision 11, is amended to read: 
 47.11     Subd. 11.  [VIOLATIONS; ENFORCEMENT.] (a) The board may 
 47.12  investigate any alleged violation of this chapter.  The board 
 47.13  must investigate any violation that is alleged in a written 
 47.14  complaint filed with the board and must within 30 days after the 
 47.15  filing of the complaint make a public finding of whether there 
 47.16  is probable cause to believe a violation has occurred, except 
 47.17  that if the complaint alleges a violation of section 10A.25 or 
 47.18  10A.27, the board must either enter a conciliation agreement or 
 47.19  make a public finding of whether there is probable cause, within 
 47.20  60 days after the filing of the complaint.  The deadline for 
 47.21  action on a written complaint may be extended by majority vote 
 47.22  of the board.  If the board extends the deadline for action on a 
 47.23  written complaint, the board shall (1) send to the complainant 
 47.24  by certified mail a summary of the board's action, and the 
 47.25  expected due date for action on the complaint; and (2) post a 
 47.26  summary of the board's action and the expected due date for 
 47.27  action on its official Web site.  
 47.28     (b) Within a reasonable time after beginning an 
 47.29  investigation of an individual or association, the board must 
 47.30  notify the individual or association of the fact of the 
 47.31  investigation.  The board must not make a finding of whether 
 47.32  there is probable cause to believe a violation has occurred 
 47.33  without notifying the individual or association of the nature of 
 47.34  the allegations and affording an opportunity to answer those 
 47.35  allegations.  
 47.36     (c) Except as provided in paragraph (a), a hearing or 
 48.1   action of the board concerning a complaint or investigation 
 48.2   other than a finding concerning probable cause or a conciliation 
 48.3   agreement is confidential.  Until the board makes a public 
 48.4   finding concerning probable cause or enters a conciliation 
 48.5   agreement: 
 48.6      (1) a member, employee, or agent of the board must not 
 48.7   disclose to an individual information obtained by that member, 
 48.8   employee, or agent concerning a complaint or investigation 
 48.9   except as required to carry out the investigation or take action 
 48.10  in the matter as authorized by this chapter; and 
 48.11     (2) an individual who discloses information contrary to 
 48.12  this subdivision is subject to a civil penalty imposed by the 
 48.13  board of up to $1,000. 
 48.14     Sec. 7.  Minnesota Statutes 2002, section 10A.02, 
 48.15  subdivision 12, is amended to read: 
 48.16     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
 48.17  publish advisory opinions on the requirements of this chapter or 
 48.18  chapter 211A or 211B based upon real or hypothetical 
 48.19  situations.  An application for an advisory opinion may be made 
 48.20  only by an individual or association who wishes to use the 
 48.21  opinion to guide the individual's or the association's own 
 48.22  conduct.  The board must issue written opinions on all such 
 48.23  questions submitted to it within 30 days after receipt of 
 48.24  written application, unless a majority of the board agrees to 
 48.25  extend the time limit.  If the board extends the time limit for 
 48.26  issuing an advisory opinion, the board shall (1) send to the 
 48.27  individual or association requesting the opinion by certified 
 48.28  mail a summary of the board's action, and the expected due date 
 48.29  of the opinion; and (2) post a summary of the board's action and 
 48.30  the expected due date of the advisory opinion on its official 
 48.31  Web site.  The posted summary must comply with paragraph (c). 
 48.32     (b) A written advisory opinion issued by the board is 
 48.33  binding on the board in a subsequent board proceeding concerning 
 48.34  the person making or covered by the request and is a defense in 
 48.35  a judicial proceeding that involves the subject matter of the 
 48.36  opinion and is brought against the person making or covered by 
 49.1   the request unless: 
 49.2      (1) the board has amended or revoked the opinion before the 
 49.3   initiation of the board or judicial proceeding, has notified the 
 49.4   person making or covered by the request of its action, and has 
 49.5   allowed at least 30 days for the person to do anything that 
 49.6   might be necessary to comply with the amended or revoked 
 49.7   opinion; 
 49.8      (2) the request has omitted or misstated material facts; or 
 49.9      (3) the person making or covered by the request has not 
 49.10  acted in good faith in reliance on the opinion. 
 49.11     (c) A request for an opinion and the opinion itself are 
 49.12  nonpublic data.  The board, however, may publish an opinion or a 
 49.13  summary of an opinion, but may not include in the publication 
 49.14  the name of the requester, the name of a person covered by a 
 49.15  request from an agency or political subdivision, or any other 
 49.16  information that might identify the requester, unless the person 
 49.17  consents to the inclusion. 
 49.18     Sec. 8.  [10A.61] [COMPLAINTS OF UNFAIR CAMPAIGN 
 49.19  PRACTICES.] 
 49.20     Subdivision 1.  [ADMINISTRATIVE REMEDY; EXHAUSTION.] A 
 49.21  complaint alleging a violation of chapter 211A or 211B or 
 49.22  sections 383B.041 to 383B.058 must be filed with the board.  The 
 49.23  complaint must be finally disposed of by the board, or a panel 
 49.24  of the board, before the alleged violation may be prosecuted by 
 49.25  a county attorney. 
 49.26     Subd. 2.  [LIMITATION ON FILING.] The complaint must be 
 49.27  filed within one year after the occurrence of the act or failure 
 49.28  to act that is the subject of the complaint, except that if the 
 49.29  act or failure to act involves fraud, concealment, or 
 49.30  misrepresentation that could not be discovered during that 
 49.31  one-year period, the complaint may be filed within one year 
 49.32  after the fraud, concealment, or misrepresentation was 
 49.33  discovered. 
 49.34     Subd. 3.  [FORM OF COMPLAINT.] The complaint must be in 
 49.35  writing, submitted under oath, and detail the factual basis for 
 49.36  the claim that a violation of law has occurred.  The board may 
 50.1   prescribe the form of a complaint. 
 50.2      Subd. 4.  [PROOF OF CLAIM.] The burden of proving the 
 50.3   allegations in the complaint is on the complainant.  The 
 50.4   standard of proof of a violation of section 211B.06, relating to 
 50.5   false statements in paid political advertising or campaign 
 50.6   material, is clear and convincing evidence.  The standard of 
 50.7   proof of any other violation of chapter 211A or 211B or sections 
 50.8   383B.041 to 383B.058 is a preponderance of the evidence. 
 50.9      Subd. 5.  [FILING FEE; WAIVER.] (a) The complaint must be 
 50.10  accompanied by a filing fee of $50, unless filed by a filing 
 50.11  officer under section 211A.05, subdivision 2.  
 50.12     (b) The board may waive the payment of the filing fee.  An 
 50.13  individual seeking a waiver of the fee must file with the board 
 50.14  an affidavit stating that the individual is financially unable 
 50.15  to pay the fee because the individual is receiving public 
 50.16  assistance or has an annual income not greater than 125 percent 
 50.17  of the poverty line established under United States Code, title 
 50.18  42, section 9902(2), or because of another good and sufficient 
 50.19  reason.  
 50.20     Subd. 6.  [REQUEST TO EXPEDITE.] If the complaint is filed 
 50.21  within 60 days before the primary or special election, or within 
 50.22  90 days before the general election to which the complaint 
 50.23  relates, the complainant may file with the board a request for 
 50.24  an expedited hearing under section 10A.63. 
 50.25     Subd. 7.  [SERVICE ON RESPONDENT.] Upon receipt of the 
 50.26  filed complaint, the board must serve a copy of the complaint on 
 50.27  the respondent. 
 50.28     Sec. 9.  [10A.62] [REVIEW BY EXECUTIVE DIRECTOR.] 
 50.29     Subdivision 1.  [TIME FOR REVIEW.] When practicable, within 
 50.30  one business day after the complaint was filed with the board, 
 50.31  but not longer than three business days, the executive director 
 50.32  must review the complaint and make a recommendation to the board 
 50.33  for its disposition. 
 50.34     Subd. 2.  [RECOMMENDATION.] (a) If the executive director 
 50.35  determines that the complaint does not set forth a prima facie 
 50.36  violation of chapter 211A or 211B or sections 383B.041 to 
 51.1   383B.058, the recommendation must be to dismiss the complaint.  
 51.2   The board may dismiss the complaint without a hearing, as 
 51.3   provided in section 10A.65, subdivision 2. 
 51.4      (b) If the executive director determines that the complaint 
 51.5   sets forth a prima facie violation of section 211B.06 and that 
 51.6   the complaint was filed within 60 days before the primary or 
 51.7   special election or within 90 days before the general election 
 51.8   to which the complaint relates, the recommendation must be that 
 51.9   the complaint receive an expedited hearing under section 10A.63. 
 51.10     (c) If the executive director determines that the complaint 
 51.11  sets forth a prima facie violation of a provision of chapter 
 51.12  211A or 211B, other than section 211B.06, or sections 383B.041 
 51.13  to 383B.058, and that the complaint was filed within 60 days 
 51.14  before the primary or special election or within 90 days before 
 51.15  the general election to which the complaint relates, the 
 51.16  executive director may recommend that the complaint receive an 
 51.17  expedited hearing under section 10A.63.  If the complaint was 
 51.18  accompanied by a request from the complainant for an expedited 
 51.19  hearing, the executive director must note the request along with 
 51.20  the recommendation.  In making the recommendation for an 
 51.21  expedited hearing, the executive director must consider the 
 51.22  gravity and urgency of the complaint and the number of 
 51.23  complaints pending before panels of the board. 
 51.24     (d) If the complaint is not disposed of under paragraphs 
 51.25  (a) to (c), the executive director must recommend that it be 
 51.26  heard by the board under section 10A.64.  
 51.27     Subd. 3.  [NOTICE TO PARTIES.] The board must notify all 
 51.28  parties to the complaint of the recommendation made under 
 51.29  subdivision 2 and that the respondent may submit evidence for 
 51.30  consideration by the board or a panel of the board. 
 51.31     Subd. 4.  [JOINDER AND SEPARATION OF COMPLAINTS.] The 
 51.32  executive director may join two or more complaints if the 
 51.33  executive director determines that the allegations in each 
 51.34  complaint are of the same or similar character, are based on the 
 51.35  same act or failure to act, or are based on two or more acts or 
 51.36  failures to act constituting parts of a common scheme or plan.  
 52.1   If one complaint contains two or more allegations, the executive 
 52.2   director may separate the allegations if they are not of the 
 52.3   same or similar character, if they are not based on the same act 
 52.4   or failure to act, or if they are not based on two or more acts 
 52.5   or failures to act constituting parts of a common scheme or 
 52.6   plan.  If the executive director separates the allegations in a 
 52.7   complaint, the executive director may make separate 
 52.8   recommendations under subdivision 2 for each allegation. 
 52.9      Sec. 10.  [10A.63] [EXPEDITED HEARING.] 
 52.10     Subdivision 1.  [ACTION ON RECOMMENDATION.] If the 
 52.11  executive director has recommended under section 10A.62, 
 52.12  subdivision 2, paragraph (b), that the complaint receive an 
 52.13  expedited hearing, the board chair must schedule it for an 
 52.14  expedited hearing.  If the executive director has recommended 
 52.15  under section 10A.62, subdivision 2, paragraph (c), that the 
 52.16  complaint receive an expedited hearing, or if the executive 
 52.17  director has recommended under section 10A.62, subdivision 2, 
 52.18  paragraph (d), that the complaint be heard by the board without 
 52.19  an expedited hearing, the recommendation must be submitted to 
 52.20  all the members of the board.  The board chair, or any three 
 52.21  other members of the board, may instruct the executive director 
 52.22  to schedule it for an expedited hearing. 
 52.23     Subd. 2.  [APPOINTMENT OF PANEL.] The board chair must 
 52.24  select by lot a panel of at least three members of the board, no 
 52.25  more than half of whom support the same political party, to hear 
 52.26  the complaint and determine whether there is probable cause to 
 52.27  refer the complaint to the full board for a hearing under 
 52.28  section 10A.64.  
 52.29     Subd. 3.  [HEARING.] The panel must hold one expedited 
 52.30  public hearing on the complaint no later than two business days 
 52.31  after the executive director made the recommendation for an 
 52.32  expedited hearing, except that for good cause the panel may hold 
 52.33  the hearing no later than seven days after the executive 
 52.34  director made the recommendation.  This deadline may be extended 
 52.35  by agreement of all parties to the complaint, but the hearing 
 52.36  must be held not later than 90 days after the complaint was 
 53.1   filed.  The hearing may be conducted by a conference telephone 
 53.2   call that meets all the requirements of section 13D.02 for 
 53.3   public meetings by interactive television, except that it need 
 53.4   not meet the requirement that participants be able to see each 
 53.5   other.  All members of the panel must be present, either in 
 53.6   person or by electronic means, before any official action may be 
 53.7   taken.  The respondent may submit a response, including 
 53.8   supporting affidavits and documentation, for consideration by 
 53.9   the panel.  A vote of a majority of all members of the panel is 
 53.10  required for any official action. 
 53.11     Subd. 4.  [DISPOSITION.] At the expedited hearing, the 
 53.12  panel must make only one of the following determinations: 
 53.13     (a) There is no probable cause to believe that the 
 53.14  violation of law alleged in the complaint has occurred.  If the 
 53.15  panel so determines by a unanimous vote of all the members, it 
 53.16  must dismiss the complaint.  If the vote to dismiss is not 
 53.17  unanimous, the panel must forward the complaint to the board for 
 53.18  dismissal under section 10A.65, subdivision 2.  
 53.19     (b) There is probable cause to believe that the violation 
 53.20  of law alleged in the complaint has occurred.  If the panel so 
 53.21  determines, it must refer the complaint to the board.  The board 
 53.22  must hear the complaint under section 10A.64 within ten days 
 53.23  after the panel referred the complaint to it. 
 53.24     (c) The evidence is insufficient for the panel to make a 
 53.25  determination under paragraph (a) or (b) and further 
 53.26  investigation of the complaint is necessary.  If the panel 
 53.27  requests an investigation, it may consider the results of the 
 53.28  investigation or it may refer the complaint to the board and the 
 53.29  board must hold a hearing under section 10A.64. 
 53.30     Subd. 5.  [RECONSIDERATION BY ENTIRE BOARD.] (a) If the 
 53.31  panel dismisses the complaint, the panel shall provide to the 
 53.32  complainant written notice of:  (i) the right to seek 
 53.33  reconsideration of the panel's decision by the entire board, 
 53.34  under section 10A.64; and (ii) the cost-shifting and 
 53.35  fee-shifting provisions of paragraph (c). 
 53.36     (b) A petition for reconsideration must be filed within two 
 54.1   business days after the dismissal.  The board must render its 
 54.2   decision on the petition within three business days after 
 54.3   receiving the petition.  If the petition for reconsideration is 
 54.4   granted, the board must hear the complaint under section 10A.64 
 54.5   within five business days after granting the petition. 
 54.6      (c) If the petition for reconsideration is not granted, the 
 54.7   board may order the complainant who filed the petition to pay:  
 54.8   (i) to the respondent, reasonable attorney fees for legal costs 
 54.9   incurred following the panel's decision; and (ii) to the general 
 54.10  fund, the costs of the panel that dismissed the complaint as 
 54.11  determined by the board. 
 54.12     Sec. 11.  [10A.64] [HEARING BY BOARD.] 
 54.13     Subdivision 1.  [REVIEW BY BOARD.] The board must review 
 54.14  each complaint referred to it by the executive director under 
 54.15  section 10A.62 or by a panel under section 10A.63.  The board 
 54.16  may dismiss the complaint under section 10A.65, subdivision 2.  
 54.17  If the board decides that the evidence is insufficient for it to 
 54.18  determine whether the violation alleged in the complaint has 
 54.19  occurred, the board may request an investigation.  
 54.20     Subd. 2.  [DEADLINE FOR HEARING.] Unless dismissed, or 
 54.21  expedited under section 10A.63, the board must hold its first 
 54.22  hearing on each complaint within the following times: 
 54.23     (1) 30 days after the complaint was filed, if the complaint 
 54.24  was filed within 60 days before the primary or special election 
 54.25  or within 90 days before the general election to which the 
 54.26  complaint relates; or 
 54.27     (2) 90 days after the complaint was filed, if it was filed 
 54.28  at any other time.  
 54.29     For good cause shown, the board may extend either of these 
 54.30  deadlines by 60 days. 
 54.31     Subd. 3.  [HEARING.] The hearing must be conducted in 
 54.32  public.  The respondent may submit a response, including 
 54.33  supporting affidavits and documentation, for consideration by 
 54.34  the board. 
 54.35     Subd. 4.  [DISPOSITION OF COMPLAINT.] At or within 14 days 
 54.36  after the hearing, the board must determine whether the 
 55.1   violation alleged in the complaint occurred and must do one or 
 55.2   more of the following: 
 55.3      (a) The board may dismiss the complaint under section 
 55.4   10A.65, subdivision 2.  
 55.5      (b) The board may determine that the evidence is 
 55.6   insufficient for it to determine whether the violation alleged 
 55.7   in the complaint occurred and request that an investigation be 
 55.8   conducted as provided in subdivision 1. 
 55.9      (c) The board may issue a reprimand.  
 55.10     (d) The board may find that a statement made in a paid 
 55.11  advertisement or campaign material violated section 211B.06. 
 55.12     (e) The board may impose a civil penalty for any violation 
 55.13  of chapter 211A or 211B or sections 383B.041 to 383B.058.  The 
 55.14  amount of the civil penalty imposed by the board may be up to 
 55.15  $3,000. 
 55.16     (f) The board may refer the complaint to the appropriate 
 55.17  county attorney for prosecution. 
 55.18     Subd. 5.  [FILING FEE.] If the board finds under 
 55.19  subdivision 4, paragraph (d), that a statement violated section 
 55.20  211B.06, or if the board imposes a civil penalty under 
 55.21  subdivision 4, paragraph (e), the board must refund the filing 
 55.22  fee to the complainant and assess the amount of the filing fee 
 55.23  against the respondent.  If the complaint was filed by a filing 
 55.24  officer under section 211A.05, subdivision 2, the board must 
 55.25  impose a filing fee on a respondent found in violation of 
 55.26  chapter 211A. 
 55.27     Sec. 12.  [10A.65] [PROCEDURES.] 
 55.28     Subdivision 1.  [WITHDRAWAL OF COMPLAINT.] At any time 
 55.29  before the hearing, a complainant may withdraw a complaint filed 
 55.30  under section 10A.61.  After the hearing begins, a complaint 
 55.31  filed under section 10A.61 may only be withdrawn with the 
 55.32  permission of the board. 
 55.33     Subd. 2.  [DISMISSAL OF COMPLAINT.] The board may at any 
 55.34  time dismiss a complaint filed under section 10A.61 that is 
 55.35  pending before it or before a panel of the board.  If the board 
 55.36  determines that the complaint was frivolous, the board may order 
 56.1   the complainant to pay the respondent's reasonable attorney fees 
 56.2   and to pay the costs of the board as determined by the board. 
 56.3      Subd. 3.  [OPEN MEETINGS.] While a complaint filed under 
 56.4   section 10A.61 is pending before the board or a panel of the 
 56.5   board, the members of the board must not discuss the complaint 
 56.6   with a party to the complaint, an attorney representing a party 
 56.7   to the complaint, or an investigator for the board except at a 
 56.8   meeting of the board subject to the Open Meeting Law, chapter 
 56.9   13D.  The board, but not a panel of the board, may close a 
 56.10  meeting to deliberate on a complaint under section 10A.64, 
 56.11  subdivision 4.  All votes must be made a part of the public 
 56.12  record and all proceedings on the complaint, except as provided 
 56.13  in this subdivision, must be open. 
 56.14     Sec. 13.  Minnesota Statutes 2002, section 201.275, is 
 56.15  amended to read: 
 56.16     201.275 [INVESTIGATIONS; PROSECUTIONS.] 
 56.17     A county attorney who is notified of an alleged violation 
 56.18  of this chapter shall promptly investigate.  If there is 
 56.19  probable cause for instituting a prosecution, the county 
 56.20  attorney shall proceed by complaint or present the charge, with 
 56.21  whatever evidence has been found, to the grand jury.  A county 
 56.22  attorney who refuses or intentionally fails to faithfully 
 56.23  perform this or any other duty imposed by this chapter is guilty 
 56.24  of a misdemeanor and upon conviction shall forfeit office.  The 
 56.25  county attorney, under the penalty of forfeiture of office, 
 56.26  shall prosecute all violations of this chapter except violations 
 56.27  of this section; if, however, a complainant withdraws an 
 56.28  allegation under this chapter, the county attorney is not 
 56.29  required to proceed with the prosecution.  The provisions of 
 56.30  section 201.27, subdivision 3, do not apply to this section. 
 56.31     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 56.32  204B.11, subdivision 1, is amended to read: 
 56.33     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 56.34  Except as provided by subdivision 2, a filing fee shall be paid 
 56.35  by each candidate who files an affidavit of candidacy.  The fee 
 56.36  shall be paid at the time the affidavit is filed.  The amount of 
 57.1   the filing fee shall vary with the office sought as follows: 
 57.2      (a) (1) for the office of governor, and lieutenant 
 57.3   governor, $300, plus a fair campaign fee of $50; 
 57.4      (2) for the office of attorney general, $300, plus a fair 
 57.5   campaign fee of $50; 
 57.6      (3) for the office of state auditor, or secretary of 
 57.7   state, $300, plus a fair campaign fee of $50; 
 57.8      (4) for the office of representative in Congress, $300, 
 57.9   plus a fair campaign fee of $50; 
 57.10     (5) for the office of judge of the Supreme Court, or judge 
 57.11  of the Court of Appeals, or $300, plus a fair campaign fee of 
 57.12  $50; 
 57.13     (6) for judge of the district court, $300, plus a fair 
 57.14  campaign fee of $50; 
 57.15     (b) (7) for the office of senator in Congress, $400, plus a 
 57.16  fair campaign fee of $50; 
 57.17     (c) (8) for the office of senator or representative in the 
 57.18  legislature, $100, plus a fair campaign fee of $50; 
 57.19     (9) for the office of representative in the legislature, 
 57.20  $100, plus a fair campaign fee of $50; 
 57.21     (d) (10) for a county office, $50, plus a fair campaign fee 
 57.22  of $50; and 
 57.23     (e) (11) for the office of soil and water conservation 
 57.24  district supervisor, $20; 
 57.25     (12) for the office of school board member, a fair campaign 
 57.26  fee of $5; and 
 57.27     (13) for city office, a fair campaign fee of $10. 
 57.28     For the office of presidential elector, and for those 
 57.29  offices for which no compensation is provided, no filing fee is 
 57.30  required. 
 57.31     The filing fees received by the county auditor shall 
 57.32  immediately be paid to the county treasurer.  The filing fees 
 57.33  and fair campaign fees received by the secretary of state, and 
 57.34  any fair campaign fees received by a county auditor or municipal 
 57.35  or school district clerk, shall immediately be paid to the 
 57.36  commissioner of finance. 
 58.1      When an affidavit of candidacy has been filed with the 
 58.2   appropriate filing officer and the requisite filing fee has been 
 58.3   paid, the filing fee shall not be refunded.  If a candidate's 
 58.4   filing fee is paid with a check, draft, or similar negotiable 
 58.5   instrument for which sufficient funds are not available or that 
 58.6   is dishonored, notice to the candidate of the worthless 
 58.7   instrument must be sent by the filing officer via registered 
 58.8   mail no later than immediately upon the closing of the filing 
 58.9   deadline with return receipt requested.  The candidate will have 
 58.10  five days from the time the filing officer receives proof of 
 58.11  receipt to issue a check or other instrument for which 
 58.12  sufficient funds are available.  The candidate issuing the 
 58.13  worthless instrument is liable for a service charge pursuant to 
 58.14  section 604.113.  If adequate payment is not made, the name of 
 58.15  the candidate must not appear on any official ballot and the 
 58.16  candidate is liable for all costs incurred by election officials 
 58.17  in removing the name from the ballot. 
 58.18     Sec. 15.  Minnesota Statutes 2002, section 211A.04, is 
 58.19  amended to read: 
 58.20     211A.04 [SECRETARY OF STATE'S CAMPAIGN FINANCE BOARD 
 58.21  DUTIES.] 
 58.22     Subdivision 1.  [REPORT FORMS.] The secretary of state 
 58.23  Campaign Finance and Public Disclosure Board shall prepare 
 58.24  blanks for reports required by section 211A.02.  Copies must be 
 58.25  furnished through the county auditor or otherwise, as 
 58.26  the secretary of state board finds expedient, to a committee 
 58.27  upon request or to a candidate upon filing for office. 
 58.28     Sec. 16.  Minnesota Statutes 2002, section 211A.05, is 
 58.29  amended to read: 
 58.30     211A.05 [FAILURE TO FILE STATEMENT.] 
 58.31     Subdivision 1.  [PENALTY.] A candidate who intentionally 
 58.32  fails to file a report required by section 211A.02 is guilty of 
 58.33  a misdemeanor.  The treasurer of a committee formed to promote 
 58.34  or defeat a ballot question who intentionally fails to file a 
 58.35  report required by section 211A.02 is guilty of a misdemeanor.  
 58.36  Each candidate or treasurer of a committee formed to promote or 
 59.1   defeat a ballot question shall certify to the filing officer 
 59.2   that all reports required by section 211A.02 have been submitted 
 59.3   to the filing officer or that the candidate or committee has not 
 59.4   received contributions or made disbursements exceeding $750 in 
 59.5   the calendar year.  The certification shall be submitted to the 
 59.6   filing officer no later than seven days after the general or 
 59.7   special election.  The secretary of state Campaign Finance and 
 59.8   Public Disclosure Board shall prepare blanks for this 
 59.9   certification.  An officer who issues a certificate of election 
 59.10  to a candidate who has not certified that all reports required 
 59.11  by section 211A.02 have been filed is guilty of a misdemeanor. 
 59.12     Subd. 2.  [NOTICE OF FAILURE TO FILE.] If a candidate or 
 59.13  committee fails to file a report on the date it is due, the 
 59.14  filing officer shall immediately notify the county attorney of 
 59.15  the county where the candidate resides or where the committee 
 59.16  headquarters is located Campaign Finance and Public Disclosure 
 59.17  Board.  The county attorney board shall then immediately notify 
 59.18  the candidate or committee of the failure to file.  If a report 
 59.19  is not filed within ten days after the notification is mailed, 
 59.20  the county attorney filing officer shall proceed file a 
 59.21  complaint with the board under section 211A.08 10A.61. 
 59.22     Sec. 17.  [211A.085] [COUNTY ATTORNEY AUTHORITY.] 
 59.23     A county attorney may prosecute any violation of this 
 59.24  chapter.  
 59.25     Sec. 18.  Minnesota Statutes 2002, section 211B.14, is 
 59.26  amended to read: 
 59.27     211B.14 [DIGEST OF LAWS.] 
 59.28     The secretary of state Campaign Finance and Public 
 59.29  Disclosure Board, with the approval of the attorney general, 
 59.30  shall prepare and print an easily understandable digest of this 
 59.31  chapter and annotations of it.  The digest may include other 
 59.32  related laws and annotations at the discretion of the secretary 
 59.33  of state board. 
 59.34     The secretary of state board shall distribute the digest to 
 59.35  candidates and committees through the county auditor or 
 59.36  otherwise as the secretary of state board considers expedient.  
 60.1   A copy of the digest and, if appropriate, a financial reporting 
 60.2   form and a certification of filing form must be distributed to 
 60.3   each candidate by the filing officer at the time that the 
 60.4   candidate's affidavit of candidacy is filed. 
 60.5      Sec. 19.  Minnesota Statutes 2002, section 211B.15, 
 60.6   subdivision 12, is amended to read: 
 60.7      Subd. 12.  [REPORTS REQUIRED.] The total amount of an 
 60.8   expenditure or contribution for any one project permitted by 
 60.9   subdivisions 9 and 11 that is more than $200, together with the 
 60.10  date, purpose, and the names and addresses of the persons 
 60.11  receiving the contribution or expenditures, must be reported to 
 60.12  the secretary of state Campaign Finance and Public Disclosure 
 60.13  Board.  The reports must be filed on forms provided by 
 60.14  the secretary of state board on the dates required for 
 60.15  committees under section 211A.02.  Failure to file is a 
 60.16  misdemeanor. 
 60.17     Sec. 20.  [211B.165] [COUNTY ATTORNEY AUTHORITY.] 
 60.18     A county attorney may prosecute any violation of this 
 60.19  chapter. 
 60.20     Sec. 21.  Minnesota Statutes 2002, section 383B.055, 
 60.21  subdivision 2, is amended to read: 
 60.22     Subd. 2.  The county filing officer of Hennepin County 
 60.23  Campaign Finance and Public Disclosure Board shall develop forms 
 60.24  for all statements and reports required to be filed under 
 60.25  sections 383B.041 to 383B.054.  The filing officer board shall 
 60.26  furnish sufficient copies of the forms to all officers with whom 
 60.27  candidates file affidavits or applications of candidacy and 
 60.28  nominating petitions. 
 60.29     Sec. 22.  [APPROPRIATION.] 
 60.30     $217,000 is appropriated from the general fund to the 
 60.31  Campaign Finance and Public Disclosure Board for the purposes of 
 60.32  sections 1 to 25.  This sum is available until June 30, 2005. 
 60.33     Sec. 23.  [REVISOR'S INSTRUCTION.] 
 60.34     The revisor of statutes shall renumber Minnesota Statutes, 
 60.35  section 211B.11, subdivision 1, as section 204C.06, subdivision 
 60.36  8. 
 61.1      Sec. 24.  [REPEALER.] 
 61.2      Minnesota Statutes 2002, sections 211A.08 and 211B.16, are 
 61.3   repealed. 
 61.4      Sec. 25.  [EFFECTIVE DATE.] 
 61.5      Sections 2 and 4 are effective January 1, 2006.  Section 6 
 61.6   is effective January 1, 2005.  Sections 3, 5, 12 to 21, 23, and 
 61.7   24 are effective July 1, 2004.  Sections 8 to 12 are effective 
 61.8   July 1, 2004, for complaints regarding candidates for 
 61.9   legislative office and July 1, 2005, for complaints regarding 
 61.10  candidates for constitutional office, judicial office, county 
 61.11  office, municipal office, school board office, and ballot 
 61.12  questions.  Section 22 is effective the day following final 
 61.13  enactment. 
 61.14                             ARTICLE 4
 61.15                           VOTING SYSTEM
 61.16     Section 1.  [VOTING SYSTEMS ACQUISITION.] 
 61.17     Subdivision 1.  [APPROPRIATION.] All remaining, previously 
 61.18  unappropriated funds in the Help America Vote Act account and 
 61.19  any funds received by that account until June 30, 2007, are 
 61.20  appropriated to the Office of the Secretary of State for use in 
 61.21  purchasing a uniform, statewide voting system, purchasing 
 61.22  component items of voting equipment to create such a system, or 
 61.23  making grants to counties and local municipalities for purchase 
 61.24  of voting systems or components of equipment to create a uniform 
 61.25  voting system that:  (1) comply with the requirements of the 
 61.26  Help America Vote Act, Public Law 107-252; and (2) meet the 
 61.27  requirements of this section. 
 61.28     Subd. 2.  [SOLICITING VOTING SYSTEMS.] The Office of the 
 61.29  Secretary of State may issue requests for proposal or other 
 61.30  solicitations for voting systems or the components of voting 
 61.31  systems that comply with the requirements of the Help America 
 61.32  Vote Act, Public Law 107-252, and also provide every voter an 
 61.33  opportunity to verify their votes and to change their votes or 
 61.34  correct any error before their ballot is cast and counted, 
 61.35  produce a permanent paper record of the ballot cast by the 
 61.36  voter, and preserve the paper record as an official record 
 62.1   available for use in a recount. 
 62.2      Subd. 3.  [UNIFORM VOTING SYSTEM.] After receiving and 
 62.3   evaluating responses to the requests for proposal for voting 
 62.4   systems, the Office of the Secretary of State may select one or 
 62.5   more vendors to provide equipment for a uniform statewide voting 
 62.6   system for use in each polling place in Minnesota. 
 62.7      Subd. 4.  [VOTING SYSTEMS REQUIREMENT.] Each voting system 
 62.8   purchased in Minnesota must: 
 62.9      (1) create a marked optical scan ballot that can be 
 62.10  tabulated by (i) a precinct count optical scan machine already 
 62.11  certified for use in Minnesota and owned by a jurisdiction, or 
 62.12  (ii) a certified precinct count optical scan machine to be 
 62.13  purchased under this section; or 
 62.14     (2) accept such a marked optical scan ballot. 
 62.15     Subd. 5.  [CERTIFICATION STANDARDS.] A request for proposal 
 62.16  under this section must set forth the specifications for 
 62.17  ballot-marking equipment to be purchased, which must be 
 62.18  compatible with existing precinct count optical scan equipment 
 62.19  or future models of such equipment.  Responses to the request 
 62.20  for proposal must include certification required by Minnesota 
 62.21  Statutes, section 206.57, Minnesota Rules, chapters 8220 and 
 62.22  8230, and any other Minnesota statutes and rules to be 
 62.23  considered.  Precinct count optical scan tabulating machines 
 62.24  must meet the current certification standards for such machines. 
 62.25     Subd. 6.  [REMAINING FUNDS.] (a) All appropriations to the 
 62.26  Office of the Secretary of State under this section remaining 
 62.27  after the purchase of voting systems to satisfy the requirements 
 62.28  of the Help America Vote Act, Public Law 107-252, as described 
 62.29  in subdivisions 1 to 5, may be spent for the replacement of 
 62.30  precinct-count optical scan equipment that is not compatible 
 62.31  with any system described in subdivision 4, clause (1), and 
 62.32  selected under subdivision 3. 
 62.33     (b) In order to most closely achieve a uniform system of 
 62.34  voting in this state, the Office of the Secretary of State shall 
 62.35  designate one model of precinct-count optical scan equipment to 
 62.36  be purchased as the replacement equipment from among the 
 63.1   responses to the requests for proposal submitted under 
 63.2   subdivision 2. 
 63.3      (c) If the Office of the Secretary of State determines that 
 63.4   there are insufficient funds for the replacement of all 
 63.5   equipment eligible for replacement under this section, the funds 
 63.6   must be used first to replace the oldest equipment, and then to 
 63.7   replace progressively newer equipment until the funds are 
 63.8   exhausted. 
 63.9      Subd. 7.  [MASTER PURCHASING CONTRACT.] The Office of the 
 63.10  Secretary of State shall use the responses to requests for 
 63.11  proposal submitted under subdivision 2 as the basis for 
 63.12  negotiating one or more master contracts from which all 
 63.13  purchases authorized or required by this section must be made, 
 63.14  whether by state or local governments.  After the master 
 63.15  contract is negotiated, no purchases of voting systems may be 
 63.16  made by state or local governments except from this master 
 63.17  contract. 
 63.18     Sec. 2.  [EFFECTIVE DATE.] 
 63.19     Section 1 is effective the day following final enactment. 
 63.20                             ARTICLE 5
 63.21                          HAVA CONFORMITY
 63.22     Section 1.  Minnesota Statutes 2002, section 201.021, is 
 63.23  amended to read: 
 63.24     201.021 [PERMANENT REGISTRATION SYSTEM.] 
 63.25     A permanent system of voter registration by county is 
 63.26  established, with the county systems linked together by a 
 63.27  centralized statewide system a single, official, centralized, 
 63.28  interactive computerized statewide voter registration list 
 63.29  defined, maintained, and administered at the state level that 
 63.30  contains the name and registration information of every legally 
 63.31  registered voter in the state, and assigns a unique identifier 
 63.32  to each legally registered voter in the state.  The interactive 
 63.33  computerized statewide voter registration list constitutes the 
 63.34  official list of every legally registered voter in the state.  
 63.35  The county auditor shall be chief registrar of voters and the 
 63.36  chief custodian of the official registration records in each 
 64.1   county.  The secretary of state is responsible for defining, 
 64.2   maintaining, and administering the centralized system. 
 64.3      Sec. 2.  Minnesota Statutes 2002, section 201.022, is 
 64.4   amended to read: 
 64.5      201.022 [STATEWIDE REGISTRATION SYSTEM.] 
 64.6      Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
 64.7   shall maintain a statewide voter registration system to 
 64.8   facilitate voter registration and to provide a central database 
 64.9   containing voter registration information from around the 
 64.10  state.  The system must be accessible to the county auditor of 
 64.11  each county in the state.  The system must also: 
 64.12     (1) provide for voters to submit their registration to any 
 64.13  county auditor, the secretary of state, or the Department of 
 64.14  Public Safety; 
 64.15     (2) provide for the definition, establishment, and 
 64.16  maintenance of a central database for all voter registration 
 64.17  information; 
 64.18     (3) provide for entering data into the statewide 
 64.19  registration system; 
 64.20     (4) provide for electronic transfer of completed voter 
 64.21  registration forms from the Department of Public Safety to the 
 64.22  secretary of state or the county auditor; 
 64.23     (5) assign a unique identifier to each legally registered 
 64.24  voter in the state; 
 64.25     (6) provide for the acceptance of the Minnesota driver's 
 64.26  license number, Minnesota state identification number, and last 
 64.27  four digits of the Social Security number for each voter record; 
 64.28     (7) coordinate with other agency databases within the 
 64.29  state; 
 64.30     (8) allow county auditors to add, and the secretary of 
 64.31  state to add or modify, information in the system to provide for 
 64.32  accurate and up-to-date records; 
 64.33     (9) allow county auditors, municipal and school district 
 64.34  clerks, and the secretary of state to have electronic access to 
 64.35  the statewide registration system for review and search 
 64.36  capabilities; 
 65.1      (10) provide security and protection of all information in 
 65.2   the statewide registration system and ensure that unauthorized 
 65.3   access is not allowed; and 
 65.4      (11) provide a system for each county to identify the 
 65.5   precinct to which a voter should be assigned for voting purposes.
 65.6   The appropriate state or local official shall provide security 
 65.7   measures to prevent unauthorized access to the computerized list 
 65.8   established under section 201.021.  The secretary of state shall 
 65.9   establish a system of file maintenance that makes reasonable 
 65.10  effort to remove registrants who are ineligible to vote from the 
 65.11  official list of eligible voters.  
 65.12     Subd. 2.  [RULES.] The secretary of state shall make 
 65.13  permanent rules necessary to administer the system required in 
 65.14  subdivision 1.  The rules must at least:  
 65.15     (1) provide for voters to submit their registration to any 
 65.16  county auditor, the secretary of state, or the Department of 
 65.17  Public Safety; 
 65.18     (2) provide for the establishment and maintenance of a 
 65.19  central database for all voter registration information; 
 65.20     (3) provide procedures for entering data into the statewide 
 65.21  registration system; 
 65.22     (4) provide for interaction with the computerized driver's 
 65.23  license records of the Department of Public Safety; 
 65.24     (5) allow the offices of all county auditors and the 
 65.25  secretary of state to add, modify, and delete information from 
 65.26  the system to provide for accurate and up-to-date records; 
 65.27     (6) allow the offices of all county auditors and the 
 65.28  Secretary of State's Office to have access to the statewide 
 65.29  registration system for review and search capabilities; 
 65.30     (7) provide security and protection of all information in 
 65.31  the statewide registration system and to ensure that 
 65.32  unauthorized entry is not allowed; 
 65.33     (8) provide a system for each county to identify the 
 65.34  precinct to which a voter should be assigned for voting 
 65.35  purposes; and 
 65.36     (9) prescribe a procedure for the return of completed voter 
 66.1   registration forms from the Department of Public Safety to the 
 66.2   secretary of state or the county auditor. 
 66.3      Sec. 3.  Minnesota Statutes 2002, section 201.061, 
 66.4   subdivision 1, is amended to read: 
 66.5      Subdivision 1.  [REGISTRATION IN PERSON PRIOR TO ELECTION 
 66.6   DAY.] At any time except during the 20 days immediately 
 66.7   preceding any election, an eligible voter or any individual who 
 66.8   will be an eligible voter at the time of the next election may 
 66.9   register to vote in the precinct in which the voter maintains 
 66.10  residence by completing a registration card voter registration 
 66.11  application as described in section 201.071, subdivision 1, and 
 66.12  submitting it in person or by mail to the county auditor of that 
 66.13  county or to the Secretary of State's Office.  A registration 
 66.14  that is received no later than 5:00 p.m. on the 21st day 
 66.15  preceding any election shall be accepted.  An improperly 
 66.16  addressed or delivered registration card shall be forwarded 
 66.17  within two working days after receipt to the county auditor of 
 66.18  the county where the voter maintains residence.  A state or 
 66.19  local agency or an individual that accepts completed voter 
 66.20  registration cards from a voter must submit the completed cards 
 66.21  to the secretary of state or the appropriate county auditor 
 66.22  within ten days after the cards are dated by the voter. 
 66.23     Sec. 4.  Minnesota Statutes 2002, section 201.061, is 
 66.24  amended by adding a subdivision to read: 
 66.25     Subd. 1b.  [DUTY TO FORWARD.] A registration that is 
 66.26  received no later than 5:00 p.m. on the 21st day preceding any 
 66.27  election must be accepted.  An improperly addressed or delivered 
 66.28  voter registration application must be forwarded within two 
 66.29  working days after receipt to the county auditor of the county 
 66.30  where the voter maintains residence.  A state or local agency or 
 66.31  an individual that accepts completed voter registration 
 66.32  applications from a voter must submit the completed cards to the 
 66.33  secretary of state or the appropriate county auditor within ten 
 66.34  days after the applications are dated by the voter. 
 66.35     Sec. 5.  Minnesota Statutes 2002, section 201.061, 
 66.36  subdivision 3, is amended to read: 
 67.1      Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
 67.2   eligible to vote may register on election day by appearing in 
 67.3   person at the polling place for the precinct in which the 
 67.4   individual maintains residence, by completing a voter 
 67.5   registration card application, making an oath in the form 
 67.6   prescribed by the secretary of state and providing proof of 
 67.7   residence.  An individual may prove residence for purposes of 
 67.8   registering by: 
 67.9      (1) showing a driver's license or Minnesota identification 
 67.10  card issued pursuant to section 171.07; 
 67.11     (2) showing any document approved by the secretary of state 
 67.12  as proper identification; 
 67.13     (3) showing one of the following: 
 67.14     (i) a current valid student identification card from a 
 67.15  post-secondary educational institution in Minnesota, if a list 
 67.16  of students from that institution has been prepared under 
 67.17  section 135A.17 and certified to the county auditor in the 
 67.18  manner provided in rules of the secretary of state; or 
 67.19     (ii) a current student fee statement that contains the 
 67.20  student's valid address in the precinct together with a picture 
 67.21  identification card; 
 67.22     (4) having a voter who is registered to vote in the 
 67.23  precinct sign an oath in the presence of the election judge 
 67.24  vouching that the voter personally knows that the individual is 
 67.25  a resident of the precinct.  A voter who has been vouched for on 
 67.26  election day may not sign a proof of residence oath vouching for 
 67.27  any other individual on that election day; or 
 67.28     (5) for tribal band members living on an Indian 
 67.29  reservation, an individual may prove residence for purposes of 
 67.30  registering by showing an identification card issued by the 
 67.31  tribal government of a tribe recognized by the Bureau of Indian 
 67.32  Affairs, United States Department of the Interior, that contains 
 67.33  the name, street address, signature, and picture of the 
 67.34  individual.  The county auditor of each county having territory 
 67.35  within the reservation shall maintain a record of the number of 
 67.36  election day registrations accepted under this section. 
 68.1      A county, school district, or municipality may require that 
 68.2   an election judge responsible for election day registration 
 68.3   initial each completed registration card. 
 68.4      Sec. 6.  Minnesota Statutes 2002, section 201.091, 
 68.5   subdivision 1, is amended to read: 
 68.6      Subdivision 1.  [MASTER LIST.] Each county auditor shall 
 68.7   prepare and maintain a current list of registered voters in each 
 68.8   precinct in the county which is known as the master list.  The 
 68.9   master list must be created by entering each completed voter 
 68.10  registration card application received by the county auditor 
 68.11  into the statewide registration system.  It must show the name, 
 68.12  residence address, and date of birth of each voter registered in 
 68.13  the precinct.  The information contained in the master list may 
 68.14  only be made available to public officials for purposes related 
 68.15  to election administration, jury selection, and in response to a 
 68.16  law enforcement inquiry concerning a violation of or failure to 
 68.17  comply with any criminal statute or state or local tax statute.  
 68.18  If a copy of the master list is provided to a public official 
 68.19  for jury selection or in response to a law enforcement inquiry 
 68.20  described in this subdivision, the list may not include the 
 68.21  final four digits of the Social Security number of any voter. 
 68.22     Sec. 7.  Minnesota Statutes 2002, section 201.091, is 
 68.23  amended by adding a subdivision to read: 
 68.24     Subd. 1a.  [POLLING PLACE ROSTER.] A polling place roster 
 68.25  produced from data maintained in the statewide voter 
 68.26  registration file may not include the final four digits of the 
 68.27  Social Security number of any voter. 
 68.28     Sec. 8.  Minnesota Statutes 2002, section 201.091, 
 68.29  subdivision 5, is amended to read: 
 68.30     Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
 68.31  auditors and the secretary of state shall provide paper copies 
 68.32  of the public information lists and may provide the lists in 
 68.33  some other form in electronic or other media to any voter 
 68.34  registered in Minnesota within ten days of receiving a written 
 68.35  request accompanied by payment of the cost of reproduction.  The 
 68.36  county auditors and the secretary of state shall make a copy of 
 69.1   the list available for public inspection without cost.  An 
 69.2   individual who inspects or acquires a copy of a public 
 69.3   information list may not use any information contained in it for 
 69.4   purposes unrelated to elections, political activities, or law 
 69.5   enforcement.  No list made available for public inspection or 
 69.6   purchase may include the date of birth of a registered voter. 
 69.7      Sec. 9.  Minnesota Statutes 2002, section 201.121, 
 69.8   subdivision 1, is amended to read: 
 69.9      Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] Upon 
 69.10  receiving At the time a voter registration card application is 
 69.11  properly completed and, submitted, and received in accordance 
 69.12  with sections 201.061 and 201.071, the county auditor shall 
 69.13  enter in the information contained on it into the statewide 
 69.14  registration system the information contained on it on an 
 69.15  expedited basis, but no later than 42 days after receipt.  Voter 
 69.16  registration cards applications completed before election day 
 69.17  must be entered into the statewide registration system within 
 69.18  ten days after they have been submitted to the county auditor. 
 69.19     Upon receiving a completed voter registration card or form 
 69.20  application, the secretary of state may electronically transmit 
 69.21  the information on the card or form application to the 
 69.22  appropriate county auditor as soon as possible for review by the 
 69.23  county auditor before final entry into the statewide 
 69.24  registration system.  The secretary of state may mail the 
 69.25  registration card application or form to the county auditor.  
 69.26     Sec. 10.  Minnesota Statutes 2002, section 201.155, is 
 69.27  amended to read: 
 69.28     201.155 [REPORT ON FELONY CONVICTIONS.] 
 69.29     Pursuant to the Help America Vote Act of 2002, Public Law 
 69.30  107-252, the state court administrator shall report at least 
 69.31  monthly by electronic means to the secretary of state the name, 
 69.32  address, final four digits of the voter's Social Security number 
 69.33  (or the statement "NONE" if the voter has no Social Security 
 69.34  number), date of birth, date of sentence, effective date of the 
 69.35  sentence, and county in which the conviction occurred of each 
 69.36  person who has been convicted of a felony.  The state court 
 70.1   administrator shall also report the name, address, final four 
 70.2   digits of the voter's Social Security number (or the statement 
 70.3   "NONE" if the voter has no Social Security number), and date of 
 70.4   birth of each person previously convicted of a felony whose 
 70.5   civil rights have been restored.  The secretary of state may 
 70.6   designate the county auditor to modify the statewide voter 
 70.7   registration system in response to this report, in which case 
 70.8   the secretary of state shall determine if any of the persons in 
 70.9   the report is registered to vote and shall prepare forward a 
 70.10  list of those registrants for individuals to each county 
 70.11  auditor.  The county auditor shall determine if any person 
 70.12  identified in the report as a resident of the county is 
 70.13  registered to vote in the county and change the status of those 
 70.14  registrants each registrant in the appropriate manner in the 
 70.15  statewide registration system. 
 70.16     Sec. 11.  [201.1615] [INFORMATION SHARING; USE OF SOCIAL 
 70.17  SECURITY NUMBER.] 
 70.18     The secretary of state shall enter into an agreement with 
 70.19  the Department of Public Safety to match information in the 
 70.20  statewide voter registration system with information in the 
 70.21  Department of Public Safety database to verify the accuracy of 
 70.22  the information provided on applications for voter registrations.
 70.23     The commissioner of public safety shall enter into an 
 70.24  agreement with the commissioner of the United States Social 
 70.25  Security Administration under section 205(r)(8) of the Social 
 70.26  Security Act to allow the use of the last four digits of the 
 70.27  Social Security number to be used to verify voter registration 
 70.28  information, to ensure the maintenance of the confidentiality of 
 70.29  any applicable information disclosed, and to establish 
 70.30  procedures to permit the department to use the information for 
 70.31  purposes of maintaining its records.  
 70.32     Sec. 12.  Minnesota Statutes 2002, section 201.171, is 
 70.33  amended to read: 
 70.34     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 70.35  REGISTRATION REMOVED.] 
 70.36     Within six weeks after every election, the county auditor 
 71.1   shall post the voting history for every person who voted in the 
 71.2   election.  After the close of the calendar year, the secretary 
 71.3   of state shall determine if any registrants have not voted 
 71.4   during the preceding four years and.  The secretary of state 
 71.5   shall change perform list maintenance by changing the status of 
 71.6   those registrants to "inactive" in the statewide registration 
 71.7   system.  The list maintenance performed must be conducted in a 
 71.8   manner that ensures that the name of each registered voter 
 71.9   appears in the official list of eligible voters in the statewide 
 71.10  registration system.  Only voters who are not registered or who 
 71.11  are not eligible to vote must be removed from the official list 
 71.12  of eligible voters.  List maintenance must include procedures 
 71.13  for eliminating duplicate names from the official list of 
 71.14  eligible voters.  
 71.15     The secretary of state shall also prepare a report to the 
 71.16  county auditor containing the names of all registrants whose 
 71.17  status was changed to "inactive." 
 71.18     Although not counted in an election, a late absentee ballot 
 71.19  must be considered a vote for the purpose of continuing 
 71.20  registration.  
 71.21     Sec. 13.  Minnesota Statutes 2002, section 201.221, 
 71.22  subdivision 2, is amended to read: 
 71.23     Subd. 2.  [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 
 71.24  of state shall assist local election officers by devising 
 71.25  uniform forms and procedures.  The secretary of state shall 
 71.26  provide uniform rules for maintaining voter registration records 
 71.27  on the statewide registration system.  The secretary of state 
 71.28  shall supervise the development and use of the statewide 
 71.29  registration system to insure that it conforms to applicable 
 71.30  federal and state laws and rules.  
 71.31     Sec. 14.  Minnesota Statutes 2002, section 203B.08, 
 71.32  subdivision 3, is amended to read: 
 71.33     Subd. 3.  [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 
 71.34  ballots are returned to a county auditor or municipal clerk, 
 71.35  that official shall stamp and date the return envelope with an 
 71.36  official seal of the office and place it in a secure location 
 72.1   with other return envelopes received by that office.  The county 
 72.2   auditor or municipal clerk shall deliver them to the appropriate 
 72.3   election judges on election day all ballots received before or 
 72.4   with the last mail delivery by the United States Postal Service 
 72.5   on election day.  A town clerk may request the United States 
 72.6   Postal Service to deliver absentee ballots to the polling place 
 72.7   on election day instead of to the official address of the town 
 72.8   clerk.  
 72.9      Sec. 15.  Minnesota Statutes 2002, section 203B.16, is 
 72.10  amended by adding a subdivision to read: 
 72.11     Subd. 4.  [DESIGNATION OF OFFICE.] The Office of the 
 72.12  Secretary of State is responsible for providing information 
 72.13  regarding voter registration and absentee balloting procedures 
 72.14  to be used by absent uniformed services voters, their spouses 
 72.15  and dependents, and voters overseas. 
 72.16     Sec. 16.  Minnesota Statutes 2002, section 203B.17, is 
 72.17  amended to read: 
 72.18     203B.17 [APPLICATION FOR BALLOT.] 
 72.19     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
 72.20  application for absentee ballots for a voter described in 
 72.21  section 203B.16 may be submitted in writing or by electronic 
 72.22  facsimile device, or by electronic mail upon determination by 
 72.23  the secretary of state that security concerns have been 
 72.24  adequately addressed.  An application for absentee ballots for a 
 72.25  voter described in section 203B.16 may be submitted by that 
 72.26  voter or by that voter's parent, spouse, sister, brother, or 
 72.27  child over the age of 18 years.  For purposes of an application 
 72.28  under this subdivision, a person's Social Security number, no 
 72.29  matter how it is designated, qualifies as the person's military 
 72.30  identification number if the person is in the military. 
 72.31     (b) An application for a voter described in section 
 72.32  203B.16, subdivision 1, shall be submitted to the county auditor 
 72.33  of the county where the voter maintains residence. 
 72.34     (c) An application for a voter described in section 
 72.35  203B.16, subdivision 2, shall be submitted to the county auditor 
 72.36  of the county where the voter last maintained residence in 
 73.1   Minnesota. 
 73.2      (d) An application for absentee ballots for a primary shall 
 73.3   also constitute an application for absentee ballots for any 
 73.4   ensuing be valid for any primary, special primary, general 
 73.5   election, or special election conducted during the same calendar 
 73.6   year in which from the time the application is received through 
 73.7   the next two regularly scheduled general elections for federal 
 73.8   office held after the date on which the application is received. 
 73.9      (e) There shall be no limitation of time for filing and 
 73.10  receiving applications for ballots under sections 203B.16 to 
 73.11  203B.27.  
 73.12     Subd. 2.  [REQUIRED INFORMATION.] An application shall be 
 73.13  accepted if it contains the following information stated under 
 73.14  oath:  
 73.15     (a) The voter's name, birthdate, and present address of 
 73.16  residence in Minnesota, or former address of residence in 
 73.17  Minnesota if the voter is living permanently outside the United 
 73.18  States; 
 73.19     (b) A statement indicating that the voter is in the 
 73.20  military, or is the spouse or dependent of an individual serving 
 73.21  in the military, or is temporarily outside the territorial 
 73.22  limits of the United States, or is living permanently outside 
 73.23  the territorial limits of the United States and voting under 
 73.24  federal law; 
 73.25     (c) A statement that the voter expects to be absent from 
 73.26  the precinct at the time of the election; 
 73.27     (d) The address to which absentee ballots are to be mailed; 
 73.28     (e) The voter's signature or the signature and relationship 
 73.29  of the individual authorized to apply on the voter's behalf; and 
 73.30     (f) The voter's military identification card number, 
 73.31  passport number, or, if the voter does not have a valid passport 
 73.32  or identification card, the signed statement of an individual 
 73.33  authorized to administer oaths or a commissioned or 
 73.34  noncommissioned officer of the military not below the rank of 
 73.35  sergeant or its equivalent, certifying that the voter or other 
 73.36  individual requesting absentee ballots has attested to the 
 74.1   truthfulness of the contents of the application under oath.  
 74.2      The oath taken must be the standard oath prescribed by 
 74.3   section 101(b)(7) of the Uniformed and Overseas Citizens 
 74.4   Absentee Voting Act.  
 74.5      A form for providing this information shall be prepared by 
 74.6   each county auditor and shall be furnished to individuals who 
 74.7   request it pursuant to this section.  
 74.8      Sec. 17.  Minnesota Statutes 2002, section 203B.19, is 
 74.9   amended to read: 
 74.10     203B.19 [RECORDING APPLICATIONS.] 
 74.11     Upon accepting an application, the county auditor shall 
 74.12  record in the statewide registration system the voter's name, 
 74.13  address of present or former residence in Minnesota, mailing 
 74.14  address, school district number, and the category under section 
 74.15  203B.16, to which the voter belongs whether the voter is in the 
 74.16  military or the spouse or dependent of an individual serving in 
 74.17  the military, is a voter temporarily outside the territorial 
 74.18  limits of the United States, or is living permanently outside 
 74.19  the territorial limits of the United States and voting under 
 74.20  federal law.  The county auditor shall retain the record 
 74.21  for four six years.  A voter whose name is recorded as provided 
 74.22  in this section shall not be required to register under any 
 74.23  other provision of law in order to vote under sections 203B.16 
 74.24  to 203B.27.  Persons from whom applications are not accepted 
 74.25  must be notified by the county auditor and provided with the 
 74.26  reasons for the rejection. 
 74.27     No later than 60 days after the general election, the 
 74.28  county auditor shall report to the secretary of state the 
 74.29  combined number of absentee ballots transmitted to absent voters 
 74.30  described in section 203B.16.  No later than 60 days after the 
 74.31  general election, the county auditor shall report to the 
 74.32  secretary of state the combined number of absentee ballots 
 74.33  returned and cast by absent voters described in section 
 74.34  203B.16.  The secretary of state may require the information be 
 74.35  reported by category under section 203B.16 or by precinct. 
 74.36     No later than 90 days after the general election, the 
 75.1   secretary of state shall report to the federal Election 
 75.2   Assistance Commission the number of absentee ballots transmitted 
 75.3   to voters under section 203B.16. 
 75.4      Sec. 18.  Minnesota Statutes 2002, section 203B.24, 
 75.5   subdivision 2, is amended to read: 
 75.6      Subd. 2.  [VOTING MORE THAN ONCE.] The election judges 
 75.7   shall compare the voter's name with the names appearing on their 
 75.8   copy of the application records to insure that the voter has not 
 75.9   already returned a ballot in the election.  The election judges 
 75.10  must indicate on the record whether an absentee ballot was 
 75.11  accepted for each applicant whose name appears on the record.  
 75.12  If a voter whose application has been recorded under section 
 75.13  203B.19 casts a ballot in person on election day, no absentee 
 75.14  ballot shall be counted for that voter.  If more than one return 
 75.15  envelope is received from a voter whose application has been 
 75.16  recorded under section 203B.19, the ballots in the return 
 75.17  envelope bearing the latest date shall be counted and the 
 75.18  uncounted ballots shall be returned by the election judges with 
 75.19  the rejected ballots.  The election judges must preserve the 
 75.20  record and return it to the county auditor or municipal clerk 
 75.21  with the election day materials. 
 75.22     Sec. 19.  Minnesota Statutes 2002, section 203B.26, is 
 75.23  amended to read: 
 75.24     203B.26 [SEPARATE RECORD.] 
 75.25     A separate record of the ballots of absent voters cast 
 75.26  under sections 203B.16 to 203B.27 shall must be kept in each 
 75.27  precinct.  The content of the record must be in a form 
 75.28  prescribed by the secretary of state. 
 75.29     Sec. 20.  Minnesota Statutes 2002, section 204B.47, is 
 75.30  amended to read: 
 75.31     204B.47 [ALTERNATE ALTERNATIVE ELECTION PROCEDURES; DUTIES 
 75.32  OF SECRETARY OF STATE.] 
 75.33     When a provision of the Minnesota Election Law cannot be 
 75.34  implemented as a result of an order of a state or federal court, 
 75.35  the secretary of state shall adopt alternate alternative 
 75.36  election procedures to permit the administration of any election 
 76.1   affected by the order.  The procedures may include the voting 
 76.2   and handling of ballots cast after 8:00 p.m. as a result of a 
 76.3   state or federal court order or any other order extending the 
 76.4   time established by law for closing the polls.  The alternate 
 76.5   alternative election procedures remain in effect until the first 
 76.6   day of July following the next succeeding final adjournment of 
 76.7   the legislature, unless otherwise provided by law or by court 
 76.8   order. 
 76.9      Sec. 21.  [204C.42] [RULES; VOTE COUNTING STANDARDS.] 
 76.10     The secretary of state shall adopt permanent rules to 
 76.11  establish uniform and nondiscriminatory standards of what 
 76.12  constitutes a vote for each method of voting and each type of 
 76.13  voting system approved for use in the state.  The rules must 
 76.14  provide for an accurate determination of votes based on the 
 76.15  requirements of section 204C.22, objective evidence, the form of 
 76.16  ballots approved for use in this state, and the manner of 
 76.17  counting used for each vote. 
 76.18     Sec. 22.  [204C.50] [POSTELECTION SECURITY AND 
 76.19  CERTIFICATION REVIEW.] 
 76.20     Subdivision 1.  [SELECTION FOR REVIEW; NOTICE.] (a) The 
 76.21  Office of the Secretary of State shall, within three days after 
 76.22  each state general election beginning in 2006, randomly select 
 76.23  80 precincts for postelection review as defined in this 
 76.24  section.  The precincts must be selected so that an equal number 
 76.25  of precincts are selected in each congressional district of the 
 76.26  state.  Of the precincts in each congressional district, at 
 76.27  least five must have had more than 500 votes cast, and at least 
 76.28  two must have had fewer than 500 votes cast.  The secretary of 
 76.29  state must promptly provide notices of which precincts are 
 76.30  chosen to the election administration officials who are 
 76.31  responsible for the conduct of elections in those precincts. 
 76.32     (b) One week before the state general election beginning in 
 76.33  2006, the secretary of state must post on the office Web site 
 76.34  the date, time, and location at which precincts will be randomly 
 76.35  chosen for review under this section.  The chair of each major 
 76.36  political party may appoint a designee to observe the random 
 77.1   selection process. 
 77.2      Subd. 2.  [SCOPE AND CONDUCT OF THE REVIEW.] Each review 
 77.3   must consist of at least the following: 
 77.4      (a) The election officials immediately responsible for a 
 77.5   precinct chosen for review must conduct the following review and 
 77.6   submit the results in writing to the state canvassing board 
 77.7   before it meets to canvass the election: 
 77.8      (1) a hand tally of the paper ballots, of whatever kind 
 77.9   used in that precinct, for each contested election; 
 77.10     (2) a recount using the actual machine and software used on 
 77.11  election day, if a precinct-count or central-count automated 
 77.12  voting system was used; and 
 77.13     (3) a comparison of the hand tally with the reported 
 77.14  results for the precinct in the county canvassing board report, 
 77.15  as well as the actual tape of any automated tabulation produced 
 77.16  by any precinct-count or central-count optical scan equipment 
 77.17  that may have been used to tabulate votes cast in that precinct. 
 77.18     (b) The staff of the Office of the Secretary of State shall 
 77.19  conduct or directly supervise a review of the procedures used by 
 77.20  the election officials at all levels for a precinct chosen for 
 77.21  review, including an inspection of the materials retained for 
 77.22  the official 22-month retention period, such as the rosters, the 
 77.23  incident log, and the ballots themselves.  The staff must submit 
 77.24  a written report to the secretary of state before the next 
 77.25  regularly scheduled meeting of the State Canvassing Board. 
 77.26     Subd. 3.  [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 
 77.27  EQUIPMENT.] Each comparison of the precinct-count or 
 77.28  central-count tabulating equipment system with the review 
 77.29  described in subdivision 2, paragraph (a), must be accurate to 
 77.30  within one-half of one percent variation for each contested 
 77.31  election.  If any review conducted under subdivision 2, 
 77.32  paragraph (a), reveals a discrepancy greater than one-half of 
 77.33  one percent, the Office of the Secretary of State shall as soon 
 77.34  as practicable conduct an additional review of at least ten 
 77.35  percent of the tabulating equipment used in the jurisdiction of 
 77.36  the election for which the discrepancy was discovered.  If this 
 78.1   review results in a discrepancy greater than the one-half 
 78.2   percent standard, the Office of the Secretary of State must 
 78.3   conduct a complete audit of the election for which the 
 78.4   discrepancy was discovered.  If a complete audit must be 
 78.5   conducted, the results of the audit must be used by the 
 78.6   canvassing board in making its report and determinations of 
 78.7   persons elected and propositions rejected or approved.  If a 
 78.8   voting system is found to have failed to record votes in a 
 78.9   manner that indicates electronic operational failure, the 
 78.10  canvassing board must use the voter-verifiable audit records to 
 78.11  determine the votes cast on the system, unless the audit records 
 78.12  were also impaired by the operational failure of the voting 
 78.13  machine.  Notwithstanding section 204C.33, subdivision 3, the 
 78.14  result of any election subject to this audit must not be 
 78.15  declared until the audit is completed. 
 78.16     Subd. 4.  [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 
 78.17  JUDGES AND ADMINISTRATORS.] Each comparison of materials and 
 78.18  documents generated in the course of the election in the 
 78.19  selected precinct is expected to reveal no substantive errors 
 78.20  and a minimum of technical issues by election judges and 
 78.21  administrators. 
 78.22     Subd. 5.  [FAILURE TO MEET STANDARDS.] (a) If a voting 
 78.23  system fails to meet the standard set forth in subdivision 3, 
 78.24  the manufacturer of the model of machine in question must obtain 
 78.25  recertification pursuant to section 206.57 and rules adopted 
 78.26  under that section, and is liable for penalties under section 
 78.27  206.66. 
 78.28     (b) If election judges or administrators fail to meet the 
 78.29  standard in subdivision 4, the judges and administrators for the 
 78.30  county where the precinct is located must attend training 
 78.31  designed to eliminate the errors causing the failure.  The 
 78.32  Office of the Secretary of State must consider whether those 
 78.33  errors or issues warrant inclusion in the statewide training 
 78.34  programs conducted by the Office of the Secretary of State. 
 78.35     Subd. 6.  [COSTS OF REVIEW.] The costs of conducting the 
 78.36  review required by this section must be allocated as follows:  
 79.1      (a) The county or municipality responsible for each 
 79.2   precinct selected for review must bear costs incurred under 
 79.3   subdivision 2, paragraph (a).  
 79.4      (b) The secretary of state must bear the costs incurred 
 79.5   under subdivision 2, paragraph (b), and subdivision 3, including 
 79.6   travel, expenses, and staff time of the Office of the Secretary 
 79.7   of State. 
 79.8      Sec. 23.  Minnesota Statutes 2002, section 206.57, is 
 79.9   amended by adding a subdivision to read: 
 79.10     Subd. 5.  [VOTING SYSTEM FOR DISABLED VOTERS.] After 
 79.11  December 31, 2005, the voting method used in each polling place 
 79.12  must include a voting system that is accessible for individuals 
 79.13  with disabilities, including nonvisual accessibility for the 
 79.14  blind and visually impaired in a manner that provides the same 
 79.15  opportunity for access and participation, including privacy and 
 79.16  independence, as for other voters. 
 79.17     Sec. 24.  Minnesota Statutes 2002, section 206.57, is 
 79.18  amended by adding a subdivision to read: 
 79.19     Subd. 6.  [REQUIRED CERTIFICATION.] In addition to the 
 79.20  requirements in subdivision 1, a voting system must be certified 
 79.21  by an independent testing authority approved by the secretary of 
 79.22  state and conform to current standards for voting equipment 
 79.23  issued by the Federal Election Commission or its successor, the 
 79.24  Election Assistance Commission. 
 79.25     Sec. 25.  Minnesota Statutes 2002, section 206.81, is 
 79.26  amended to read: 
 79.27     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
 79.28     (a) The secretary of state may license approve an 
 79.29  electronic voting system for experimental use at an election 
 79.30  prior to its approval for general use. 
 79.31     (b) The secretary of state must license approve one or more 
 79.32  touch-sensitive direct recording electronic voting systems for 
 79.33  experimental use at an election before their approval for 
 79.34  general use and may impose restrictions on their use.  At least 
 79.35  one voting system licensed approved under this paragraph must 
 79.36  permit sighted persons to vote and at least one system must 
 80.1   permit a blind or visually impaired voter to cast a ballot 
 80.2   independently and privately.  
 80.3      (c) Experimental use must be observed by the secretary of 
 80.4   state or the secretary's designee and the results observed must 
 80.5   be considered at any subsequent proceedings for approval for 
 80.6   general use. 
 80.7      (d) The secretary of state may adopt rules consistent with 
 80.8   sections 206.55 to 206.90 relating to experimental use.  The 
 80.9   extent of experimental use must be determined by the secretary 
 80.10  of state. 
 80.11     Sec. 26.  [AGREEMENTS.] 
 80.12     Subdivision 1.  [COMMISSIONER OF HEALTH.] The secretary of 
 80.13  state and the commissioner of health shall determine by mutual 
 80.14  agreement the means to electronically transfer death records 
 80.15  between agency systems. 
 80.16     Subd. 2.  [STATE COURT ADMINISTRATOR.] The secretary of 
 80.17  state and the state court administrator shall determine by 
 80.18  mutual agreement the means to electronically transfer 
 80.19  guardianship and incompetency records and felony conviction 
 80.20  records between agency systems.  
 80.21     Subd. 3.  [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 
 80.22  of public safety and the secretary of state shall determine by 
 80.23  mutual agreement the means to electronically transfer driver's 
 80.24  license records between agency systems. 
 80.25     Sec. 27.  [EFFECTIVE DATE.] 
 80.26     This article is effective the day following final enactment.
 80.27                             ARTICLE 6
 80.28             ELECTIONS ADMINISTRATION TECHNICAL CHANGES
 80.29     Section 1.  Minnesota Statutes 2002, section 5.08, is 
 80.30  amended to read: 
 80.31     5.08 [LEGISLATIVE MANUAL.] 
 80.32     Subdivision 1.  [PREPARATION.] The secretary of state shall 
 80.33  prepare, compile, edit, and distribute for use at each regular 
 80.34  legislative session, a convenient manual, properly indexed, and 
 80.35  containing:  The federal and state constitutions; the acts of 
 80.36  Congress relating to the organization of the territory and 
 81.1   state; the rules of order and joint rules of the two houses, and 
 81.2   lists of their members, committees and employees; the names of 
 81.3   all state officials, whether elected or appointed, and of all 
 81.4   persons holding office from this state under the national 
 81.5   government, including postmasters appointed by the president; 
 81.6   the places where the said several officials reside, and the 
 81.7   annual compensation of each; and statistical and other 
 81.8   information of the kind heretofore published in the legislative 
 81.9   manuals. 
 81.10     Subd. 2.  [DISTRIBUTION.] 15,000 10,000 copies of the 
 81.11  legislative manual shall be printed and distributed as follows: 
 81.12     (1) up to 25 20 copies shall be available to each member of 
 81.13  the legislature on request; 
 81.14     (2) 50 copies to the State Historical Society; 
 81.15     (3) 25 copies to the state university; 
 81.16     (4) 60 copies to the state library; 
 81.17     (5) two copies each to the Library of Congress, the 
 81.18  Minnesota veterans home homes, the state universities, the state 
 81.19  high schools, the public academies, seminaries, and colleges of 
 81.20  the state, and the free public libraries of the state; 
 81.21     (6) one copy each to other state institutions, the elective 
 81.22  state officials, the appointed heads of departments, the 
 81.23  officers and employees of the legislature, the justices of the 
 81.24  Supreme Court, the judges of the Court of Appeals and the 
 81.25  district court, the senators and representatives in Congress 
 81.26  from this state, and the county auditors, recorders, and county 
 81.27  attorneys; 
 81.28     (7) one copy to each public school, to be distributed 
 81.29  through the superintendent of each school district; and 
 81.30     (8) the remainder may be disposed of as the secretary of 
 81.31  state deems best. 
 81.32     Sec. 2.  Minnesota Statutes 2002, section 15.0597, 
 81.33  subdivision 2, is amended to read: 
 81.34     Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
 81.35  agency or the chair's designee, or the appointing authority for 
 81.36  the members of a newly created agency, shall provide the 
 82.1   secretary, on forms in an electronic format prepared and 
 82.2   distributed by the secretary, with the following data pertaining 
 82.3   to that agency: 
 82.4      (1) the name of the agency, its mailing address, and 
 82.5   telephone number; 
 82.6      (2) the legal authority for the creation of the agency and 
 82.7   the name of the person appointing agency members; 
 82.8      (3) the powers and duties of the agency; 
 82.9      (4) the number of authorized members, together with any 
 82.10  prescribed restrictions on eligibility such as employment 
 82.11  experience or geographical representation; 
 82.12     (5) the dates of commencement and expiration of the 
 82.13  membership terms and the expiration date of the agency, if any; 
 82.14     (6) the compensation of members, and appropriations or 
 82.15  other funds available to the agency; 
 82.16     (7) the regular meeting schedule, if any, and approximate 
 82.17  number of hours per month of meetings or other activities 
 82.18  required of members; 
 82.19     (8) the roster of current members, including mailing 
 82.20  addresses, electronic mail addresses, and telephone numbers; and 
 82.21     (9) a breakdown of the membership showing distribution by 
 82.22  county, legislative district, and congressional district, and, 
 82.23  only if the member has voluntarily supplied the information, the 
 82.24  sex, political party preference or lack of party preference, 
 82.25  race, and national origin of the members. 
 82.26     The secretary may provide for require the submission of 
 82.27  data in accordance with this subdivision by electronic means.  
 82.28  The publication requirement under clause (8) may be met by 
 82.29  publishing a member's home or business address and telephone 
 82.30  number, the address and telephone number of the agency to which 
 82.31  the member is appointed, the member's electronic mail address, 
 82.32  if provided, or any other information that would enable the 
 82.33  public to communicate with the member. 
 82.34     Sec. 3.  Minnesota Statutes 2002, section 15.0597, 
 82.35  subdivision 3, is amended to read: 
 82.36     Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
 83.1   state shall provide for annual updating of the required data and 
 83.2   shall annually arrange for the publication in the State Register 
 83.3   on the Web site of the secretary of state of the compiled data 
 83.4   from all agencies on or about October 15 of each year.  Copies 
 83.5   of The compilation must be electronically delivered to the 
 83.6   governor and the legislature.  Paper copies of the compilation 
 83.7   must be made available by the secretary to any interested person 
 83.8   at cost, and copies must be available for viewing by interested 
 83.9   persons.  The chair of an agency who does not submit data 
 83.10  required by this section or who does not notify the secretary of 
 83.11  a vacancy in the agency, is not eligible for a per diem or 
 83.12  expenses in connection with agency service until December 1 of 
 83.13  the following year. 
 83.14     Sec. 4.  Minnesota Statutes 2002, section 15.0597, 
 83.15  subdivision 4, is amended to read: 
 83.16     Subd. 4.  [NOTICE OF VACANCIES.] The chair of an existing 
 83.17  agency, shall notify the secretary by electronic means of a 
 83.18  vacancy scheduled to occur in the agency as a result of the 
 83.19  expiration of membership terms at least 45 days before the 
 83.20  vacancy occurs.  The chair of an existing agency shall 
 83.21  give written electronic notification to the secretary of each 
 83.22  vacancy occurring as a result of newly created agency positions 
 83.23  and of every other vacancy occurring for any reason other than 
 83.24  the expiration of membership terms as soon as possible upon 
 83.25  learning of the vacancy and in any case within 15 days after the 
 83.26  occurrence of the vacancy.  The appointing authority for newly 
 83.27  created agencies shall give written electronic notification to 
 83.28  the secretary of all vacancies in the new agency within 15 days 
 83.29  after the creation of the agency.  The secretary may provide for 
 83.30  require the submission of notices required by this subdivision 
 83.31  by electronic means.  The secretary shall publish monthly in the 
 83.32  State Register on the Web site of the secretary of state a list 
 83.33  of all vacancies of which the secretary has been so notified.  
 83.34  Only one notice of a vacancy shall be so published, unless the 
 83.35  appointing authority rejects all applicants and requests the 
 83.36  secretary to republish the notice of vacancy.  One copy of the 
 84.1   listing shall be made available at the office of the secretary 
 84.2   to any interested person.  The secretary shall distribute by 
 84.3   mail or electronic means copies of the listings to requesting 
 84.4   persons.  The listing for all vacancies scheduled to occur in 
 84.5   the month of January shall be published in the State Register on 
 84.6   the Web site of the secretary of state together with the 
 84.7   compilation of agency data required to be published pursuant to 
 84.8   subdivision 3. 
 84.9      If a vacancy occurs within three months after an 
 84.10  appointment is made to fill a regularly scheduled vacancy, the 
 84.11  appointing authority may, upon notification by electronic means 
 84.12  to the secretary, fill the vacancy by appointment from the list 
 84.13  of persons submitting applications to fill the regularly 
 84.14  scheduled vacancy. 
 84.15     Sec. 5.  Minnesota Statutes 2002, section 15.0597, 
 84.16  subdivision 5, is amended to read: 
 84.17     Subd. 5.  [NOMINATIONS FOR VACANCIES.] Any person may make 
 84.18  a self-nomination for appointment to an agency vacancy by 
 84.19  completing an application on a form prepared and distributed by 
 84.20  the secretary.  The secretary may provide for the submission of 
 84.21  the application by electronic means.  Any person or group of 
 84.22  persons may, on the prescribed application form, nominate 
 84.23  another person to be appointed to a vacancy so long as the 
 84.24  person so nominated consents in writing on the application form 
 84.25  to the nomination.  The application form shall specify the 
 84.26  nominee's name, mailing address, electronic mail address, 
 84.27  telephone number, preferred agency position sought, a statement 
 84.28  that the nominee satisfies any legally prescribed 
 84.29  qualifications, a statement whether the applicant has ever been 
 84.30  convicted of a felony, and any other information the nominating 
 84.31  person feels would be helpful to the appointing authority.  The 
 84.32  nominating person has the option of indicating the nominee's 
 84.33  sex, political party preference or lack thereof, status with 
 84.34  regard to disability, race, and national origin on the 
 84.35  application form.  The application form shall make the option 
 84.36  known.  If a person submits an application at the suggestion of 
 85.1   an appointing authority, the person shall so indicate on the 
 85.2   application form.  Twenty-one days after publication of a 
 85.3   vacancy in the State Register on the Web site of the secretary 
 85.4   of state pursuant to subdivision 4, the secretary shall 
 85.5   submit electronic copies of all applications received for a 
 85.6   position to the appointing authority charged with filling the 
 85.7   vacancy.  If no applications have been received by the secretary 
 85.8   for the vacant position by the date when electronic copies must 
 85.9   be submitted to the appointing authority, the secretary shall so 
 85.10  inform the appointing authority.  Applications received by the 
 85.11  secretary shall be deemed to have expired one year after receipt 
 85.12  of the application.  An application for a particular agency 
 85.13  position shall be deemed to be an application for all vacancies 
 85.14  in that agency occurring prior to the expiration of the 
 85.15  application and shall be public information. 
 85.16     Sec. 6.  Minnesota Statutes 2002, section 15.0597, 
 85.17  subdivision 6, is amended to read: 
 85.18     Subd. 6.  [APPOINTMENTS.] In making an appointment to a 
 85.19  vacant agency position, the appointing authority shall consider 
 85.20  applications for positions in that agency supplied by the 
 85.21  secretary.  No appointing authority may appoint someone to a 
 85.22  vacant agency position until (1) ten days after receipt of the 
 85.23  applications for positions in that agency from the secretary or 
 85.24  (2) receipt of notice from the secretary that no applications 
 85.25  have been received for vacant positions in that agency.  At 
 85.26  least five days before the date of appointment, the appointing 
 85.27  authority shall issue a public announcement and inform the 
 85.28  secretary in writing by electronic means of the name of the 
 85.29  person the appointing authority intends to appoint to fill the 
 85.30  agency vacancy and the expiration date of that person's term.  
 85.31  If the appointing authority intends to appoint a person other 
 85.32  than one for whom an application was submitted pursuant to this 
 85.33  section, the appointing authority shall complete an application 
 85.34  form on behalf of the appointee and submit it to the secretary 
 85.35  indicating on the application that it is submitted by the 
 85.36  appointing authority.  
 86.1      Sec. 7.  Minnesota Statutes 2002, section 15.0597, 
 86.2   subdivision 7, is amended to read: 
 86.3      Subd. 7.  [REPORT.] Together with the compilation required 
 86.4   in subdivision 3, the secretary shall annually deliver to the 
 86.5   governor and the legislature a report in an electronic format 
 86.6   containing the following information: 
 86.7      (1) the number of vacancies occurring in the preceding 
 86.8   year; 
 86.9      (2) the number of vacancies occurring as a result of 
 86.10  scheduled ends of terms, unscheduled vacancies and the creation 
 86.11  of new positions; 
 86.12     (3) breakdowns by county, legislative district, and 
 86.13  congressional district, and, if known, the sex, political party 
 86.14  preference or lack thereof, status with regard to disability, 
 86.15  race, and national origin, for members whose agency membership 
 86.16  terminated during the year and appointees to the vacant 
 86.17  positions; and 
 86.18     (4) the number of vacancies filled from applications 
 86.19  submitted by (i) the appointing authorities for the positions 
 86.20  filled, (ii) nominating persons and self-nominees who submitted 
 86.21  applications at the suggestion of appointing authorities, and 
 86.22  (iii) all others. 
 86.23     Sec. 8.  Minnesota Statutes 2002, section 15.0599, 
 86.24  subdivision 4, is amended to read: 
 86.25     Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
 86.26  appointing authority of a newly established agency or the 
 86.27  authority's designee shall provide the secretary with the 
 86.28  following information: 
 86.29     (1) the name, mailing address, electronic mail address, and 
 86.30  telephone number of the agency; 
 86.31     (2) the legal authority for the establishment of the agency 
 86.32  and the name and the title of the person or persons appointing 
 86.33  agency members; 
 86.34     (3) the powers and duties of the agency and whether the 
 86.35  agency, however designated, is best described by section 15.012, 
 86.36  paragraph (a), (b), (c), (e), or (f); 
 87.1      (4) the number of authorized members, together with any 
 87.2   prescribed restrictions on eligibility; 
 87.3      (5) the roster of current members, including mailing 
 87.4   addresses, electronic mail addresses, and telephone numbers; 
 87.5      (6) a breakdown of the membership showing distribution by 
 87.6   county, legislative district, and congressional district and 
 87.7   compliance with any restrictions listed in accordance with 
 87.8   clause (4); 
 87.9      (7) if any members have voluntarily provided the 
 87.10  information, the sex, age, political preference or lack of 
 87.11  preference, status with regard to disability, race, and national 
 87.12  origin of those members; 
 87.13     (8) the dates of commencement and expiration of membership 
 87.14  terms and the expiration date of the agency, if any; 
 87.15     (9) the compensation of members and appropriations or other 
 87.16  money available to the agency; 
 87.17     (10) the name of the state agency or other entity, if any, 
 87.18  required to provide staff or administrative support to the 
 87.19  agency; 
 87.20     (11) the regular meeting schedule, if any, and the 
 87.21  approximate number of hours a month of meetings or other 
 87.22  activities required of members; and 
 87.23     (12) a brief statement of the goal or purpose of the 
 87.24  agency, along with a summary of what an existing agency has 
 87.25  done, or what a newly established agency plans to do to achieve 
 87.26  its goal or purpose. 
 87.27     The publication requirement under clause (5) may be met by 
 87.28  publishing a member's home or business address and telephone 
 87.29  number, the address and telephone number of the agency to which 
 87.30  the member is appointed, the member's electronic mail address, 
 87.31  or any other information that would enable the public to 
 87.32  communicate with the member. 
 87.33     (b) The chair of an existing agency or the chair's designee 
 87.34  shall provide information, covering the fiscal year in which it 
 87.35  is registering, on the number of meetings it has held, its 
 87.36  expenses, and the number of staff hours, if any, devoted to its 
 88.1   support.  The chair or designee shall also, if necessary, update 
 88.2   any of the information previously provided in accordance with 
 88.3   paragraph (a). 
 88.4      (c) The secretary shall provide electronic forms for the 
 88.5   reporting of information required by this subdivision and 
 88.6   may provide for require reporting by electronic means. 
 88.7      Sec. 9.  Minnesota Statutes 2003 Supplement, section 
 88.8   126C.17, subdivision 9, is amended to read: 
 88.9      Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
 88.10  by section 126C.10, subdivision 1, may be increased in the 
 88.11  amount approved by the voters of the district at a referendum 
 88.12  called for the purpose.  The referendum may be called by the 
 88.13  board or shall be called by the board upon written petition of 
 88.14  qualified voters of the district.  The referendum must be 
 88.15  conducted one or two calendar years before the increased levy 
 88.16  authority, if approved, first becomes payable.  Only one 
 88.17  election to approve an increase may be held in a calendar year.  
 88.18  Unless the referendum is conducted by mail under paragraph (g), 
 88.19  the referendum must be held on the first Tuesday after the first 
 88.20  Monday in November.  The ballot must state the maximum amount of 
 88.21  the increased revenue per resident marginal cost pupil unit, the 
 88.22  estimated referendum tax rate as a percentage of referendum 
 88.23  market value in the first year it is to be levied, and that the 
 88.24  revenue must be used to finance school operations.  The ballot 
 88.25  may state a schedule, determined by the board, of increased 
 88.26  revenue per resident marginal cost pupil unit that differs from 
 88.27  year to year over the number of years for which the increased 
 88.28  revenue is authorized.  If the ballot contains a schedule 
 88.29  showing different amounts, it must also indicate the estimated 
 88.30  referendum tax rate as a percent of referendum market value for 
 88.31  the amount specified for the first year and for the maximum 
 88.32  amount specified in the schedule.  The ballot may state that 
 88.33  existing referendum levy authority is expiring.  In this case, 
 88.34  the ballot may also compare the proposed levy authority to the 
 88.35  existing expiring levy authority, and express the proposed 
 88.36  increase as the amount, if any, over the expiring referendum 
 89.1   levy authority.  The ballot must designate the specific number 
 89.2   of years, not to exceed ten, for which the referendum 
 89.3   authorization applies.  The notice required under section 275.60 
 89.4   may be modified to read, in cases of renewing existing levies: 
 89.5      "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
 89.6      FOR A PROPERTY TAX INCREASE." 
 89.7      The ballot may contain a textual portion with the 
 89.8   information required in this subdivision and a question stating 
 89.9   substantially the following:  
 89.10     "Shall the increase in the revenue proposed by (petition 
 89.11  to) the board of ........., School District No. .., be approved?"
 89.12     If approved, an amount equal to the approved revenue per 
 89.13  resident marginal cost pupil unit times the resident marginal 
 89.14  cost pupil units for the school year beginning in the year after 
 89.15  the levy is certified shall be authorized for certification for 
 89.16  the number of years approved, if applicable, or until revoked or 
 89.17  reduced by the voters of the district at a subsequent referendum.
 89.18     (b) The board must prepare and deliver by first class mail 
 89.19  at least 15 days but no more than 30 days before the day of the 
 89.20  referendum to each taxpayer a notice of the referendum and the 
 89.21  proposed revenue increase.  The board need not mail more than 
 89.22  one notice to any taxpayer.  For the purpose of giving mailed 
 89.23  notice under this subdivision, owners must be those shown to be 
 89.24  owners on the records of the county auditor or, in any county 
 89.25  where tax statements are mailed by the county treasurer, on the 
 89.26  records of the county treasurer.  Every property owner whose 
 89.27  name does not appear on the records of the county auditor or the 
 89.28  county treasurer is deemed to have waived this mailed notice 
 89.29  unless the owner has requested in writing that the county 
 89.30  auditor or county treasurer, as the case may be, include the 
 89.31  name on the records for this purpose.  The notice must project 
 89.32  the anticipated amount of tax increase in annual dollars and 
 89.33  annual percentage for typical residential homesteads, 
 89.34  agricultural homesteads, apartments, and commercial-industrial 
 89.35  property within the school district.  The notice is not an 
 89.36  official ballot. 
 90.1      The notice for a referendum may state that an existing 
 90.2   referendum levy is expiring and project the anticipated amount 
 90.3   of increase over the existing referendum levy in the first year, 
 90.4   if any, in annual dollars and annual percentage for typical 
 90.5   residential homesteads, agricultural homesteads, apartments, and 
 90.6   commercial-industrial property within the district. 
 90.7      The notice must include the following statement:  "Passage 
 90.8   of this referendum will result in an increase in your property 
 90.9   taxes."  However, in cases of renewing existing levies, the 
 90.10  notice may include the following statement:  "Passage of this 
 90.11  referendum may result in an increase in your property taxes." 
 90.12     (c) A referendum on the question of revoking or reducing 
 90.13  the increased revenue amount authorized pursuant to paragraph 
 90.14  (a) may be called by the board and shall be called by the board 
 90.15  upon the written petition of qualified voters of the district.  
 90.16  A referendum to revoke or reduce the revenue amount must state 
 90.17  the amount per resident marginal cost pupil unit by which the 
 90.18  authority is to be reduced.  Revenue authority approved by the 
 90.19  voters of the district pursuant to paragraph (a) must be 
 90.20  available to the school district at least once before it is 
 90.21  subject to a referendum on its revocation or reduction for 
 90.22  subsequent years.  Only one revocation or reduction referendum 
 90.23  may be held to revoke or reduce referendum revenue for any 
 90.24  specific year and for years thereafter. 
 90.25     (d) A petition authorized by paragraph (a) or (c) is 
 90.26  effective if signed by a number of qualified voters in excess of 
 90.27  15 percent of the registered voters of the district on the day 
 90.28  the petition is filed with the board.  A referendum invoked by 
 90.29  petition must be held on the date specified in paragraph (a). 
 90.30     (e) The approval of 50 percent plus one of those voting on 
 90.31  the question is required to pass a referendum authorized by this 
 90.32  subdivision. 
 90.33     (f) At least 15 days before the day of the referendum, the 
 90.34  district must submit a copy of the notice required under 
 90.35  paragraph (b) to the commissioner and to the county auditor of 
 90.36  each county in which the district is located.  Within 15 days 
 91.1   after the results of the referendum have been certified by the 
 91.2   board, or in the case of a recount, the certification of the 
 91.3   results of the recount by the canvassing board, the district 
 91.4   must notify the commissioner of the results of the referendum. 
 91.5      Sec. 10.  Minnesota Statutes 2002, section 201.071, 
 91.6   subdivision 3, is amended to read: 
 91.7      Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
 91.8   deficient if it contains the voter's name, address, date of 
 91.9   birth, prior registration if any and signature.  The absence of 
 91.10  a zip code number does not cause the registration to be 
 91.11  deficient.  The election judges shall request an individual to 
 91.12  correct a registration card application if it is deficient or 
 91.13  illegible or if the name or number of the voter's school 
 91.14  district is missing or obviously incorrect.  No eligible voter 
 91.15  may be prevented from voting unless the voter's 
 91.16  registration card application is deficient or the voter is duly 
 91.17  and successfully challenged in accordance with section 201.195 
 91.18  or 204C.12. 
 91.19     A registration card accepted prior to August 1, 1983, is 
 91.20  not deficient for lack of date of birth.  The county or 
 91.21  municipality may attempt to obtain the date of birth for a 
 91.22  registration card accepted prior to August 1, 1983, by a request 
 91.23  to the voter at any time except at the polling place.  Failure 
 91.24  by the voter to comply with this request does not make the 
 91.25  registration deficient.  
 91.26     The secretary of state shall prescribe the form for a 
 91.27  county or municipality to request the date of birth from 
 91.28  currently registered voters.  The county or municipality must 
 91.29  not request the date of birth from currently registered voters 
 91.30  by any communication other than the prescribed form and the form 
 91.31  must clearly indicate that a currently registered voter does not 
 91.32  lose registration status by failing to provide the date of birth.
 91.33     A registration application is not deficient for lack of a 
 91.34  telephone number. 
 91.35     Sec. 11.  Minnesota Statutes 2002, section 201.161, is 
 91.36  amended to read: 
 92.1      201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
 92.2   APPLICATIONS.] 
 92.3      The Department of Public Safety shall change its 
 92.4   applications for an original, duplicate, or change of address 
 92.5   driver's license or identification card so that the forms may 
 92.6   also serve as voter registration cards applications.  The forms 
 92.7   must contain spaces for the all information required in section 
 92.8   201.071, subdivision 1, and applicable rules of collected by 
 92.9   voter registration applications prescribed by the secretary of 
 92.10  state.  Applicants for driver's licenses or identification cards 
 92.11  must be asked if they want to register to vote at the same 
 92.12  time.  A copy of each application containing a completed voter 
 92.13  registration must be sent to the county auditor of the county in 
 92.14  which the voter maintains residence or to the secretary of state 
 92.15  as soon as possible.  The computerized driver's license record 
 92.16  information relating to name, address, date of birth, driver's 
 92.17  license number, county, town, and city must be made available 
 92.18  for access by the secretary of state and interaction with the 
 92.19  statewide voter registration system.  
 92.20     Sec. 12.  Minnesota Statutes 2002, section 201.1611, 
 92.21  subdivision 1, is amended to read: 
 92.22     Subdivision 1.  [FORMS.] All postsecondary institutions 
 92.23  that enroll students accepting state or federal financial aid 
 92.24  shall provide voter registration forms to each student as early 
 92.25  as possible in the fall quarter.  All school districts shall 
 92.26  make available voter registration applications each May and 
 92.27  September to all students registered as students of the school 
 92.28  district who will be eligible to vote at the next election after 
 92.29  those months.  A school district has no obligation to provide 
 92.30  voter registration applications to students who participate in a 
 92.31  postsecondary education option program or who otherwise reside 
 92.32  in the district but do not attend a school operated by the 
 92.33  district.  A school district fulfills its obligation to a 
 92.34  student under this section if it provides a voter registration 
 92.35  application to the student one time.  The forms must contain 
 92.36  spaces for the information required in section 201.071, 
 93.1   subdivision 1, and applicable rules of the secretary of state.  
 93.2   The institutions and school districts may request these forms 
 93.3   from the secretary of state.  Institutions shall consult with 
 93.4   their campus student government in determining the most 
 93.5   effective means of distributing the forms and in seeking to 
 93.6   facilitate election day registration of students under section 
 93.7   201.061, subdivision 3.  School districts must advise students 
 93.8   that completion of the voter registration applications is not a 
 93.9   school district requirement. 
 93.10     Sec. 13.  Minnesota Statutes 2002, section 201.171, is 
 93.11  amended to read: 
 93.12     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 93.13  REGISTRATION REMOVED.] 
 93.14     Within six weeks after every election, the county auditor 
 93.15  shall post the voting history for every person who voted in the 
 93.16  election.  After the close of the calendar year, the secretary 
 93.17  of state shall determine if any registrants have not voted 
 93.18  during the preceding four years and shall change the status of 
 93.19  those registrants to "inactive" in the statewide registration 
 93.20  system.  The secretary of state shall also prepare a report to 
 93.21  the county auditor containing the names of all registrants whose 
 93.22  status was changed to "inactive."  
 93.23     Registrants whose status was changed to "inactive" must 
 93.24  register in the manner specified in section 201.054 before 
 93.25  voting in any primary, special primary, general, school 
 93.26  district, or special election, as required by section 201.018. 
 93.27     Although not counted in an election, a late absentee ballot 
 93.28  must be considered a vote for the purpose of continuing 
 93.29  registration.  
 93.30     Sec. 14.  Minnesota Statutes 2002, section 201.221, 
 93.31  subdivision 3, is amended to read: 
 93.32     Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
 93.33  secretary of state shall prescribe the form of polling place 
 93.34  rosters that include the voter's name, address, date of birth, 
 93.35  school district number, and space for the voter's signature.  
 93.36  The polling place roster must be used to indicate whether the 
 94.1   voter has voted in a given election.  The secretary of state 
 94.2   shall prescribe procedures for transporting the polling place 
 94.3   rosters to the election judges for use on election day.  The 
 94.4   secretary of state shall prescribe the form for a county or 
 94.5   municipality to request the date of birth from currently 
 94.6   registered voters.  The county or municipality shall not request 
 94.7   the date of birth from currently registered voters by any 
 94.8   communication other than the prescribed form and the form must 
 94.9   clearly indicate that a currently registered voter does not lose 
 94.10  registration status by failing to provide the date of birth.  In 
 94.11  accordance with section 204B.40, the county auditor shall retain 
 94.12  the prescribed polling place rosters used on the date of 
 94.13  election for one year 22 months following the election.  
 94.14     Sec. 15.  Minnesota Statutes 2002, section 202A.14, 
 94.15  subdivision 3, is amended to read: 
 94.16     Subd. 3.  [NOTICE.] The county or legislative district 
 94.17  chair shall give at least six days' published notice of the 
 94.18  holding of the precinct caucus, stating the place, date, and 
 94.19  time for holding the caucus, and shall deliver the same 
 94.20  information to the municipal clerk and county auditor at least 
 94.21  20 days before the precinct caucus.  The county auditor shall 
 94.22  make this information available at least ten days before the 
 94.23  date of the caucuses to persons who request it.  
 94.24     Sec. 16.  Minnesota Statutes 2002, section 203B.085, is 
 94.25  amended to read: 
 94.26     203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL CLERK'S 
 94.27  OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 
 94.28     The county auditor's office in each county and the clerk's 
 94.29  office in each city or town authorized under section 203B.05 to 
 94.30  administer absentee balloting must be open for acceptance of 
 94.31  absentee ballot applications and casting of absentee ballots 
 94.32  from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 
 94.33  on Monday the day immediately preceding a primary, special, or 
 94.34  general election unless that day falls on a Saturday or Sunday.  
 94.35  Town clerks' offices must be open for absentee voting from 10:00 
 94.36  a.m. to 12:00 noon on the Saturday before a town general 
 95.1   election held in March.  The school district clerk, when 
 95.2   performing the county auditor's election duties, need not comply 
 95.3   with this section. 
 95.4      Sec. 17.  Minnesota Statutes 2002, section 203B.125, is 
 95.5   amended to read: 
 95.6      203B.125 [SECRETARY OF STATE TO MAKE RULES.] 
 95.7      Subdivision 1.  [AUTHORIZED RULEMAKING.] The secretary of 
 95.8   state shall adopt rules establishing methods and procedures for 
 95.9   issuing ballot cards and related absentee forms to be used as 
 95.10  provided in section 203B.08, subdivision 1a, and for the 
 95.11  reconciliation of voters and ballot cards before tabulation 
 95.12  under section 203B.12.  
 95.13     Subd. 2.  [EMERGENCY PROCEDURES.] The secretary of state 
 95.14  may designate alternate methods for handling absentee ballots 
 95.15  during periods of declared national or state emergency as 
 95.16  described by section 12.31.  This authority is exempt from the 
 95.17  requirements of chapter 14. 
 95.18     Sec. 18.  Minnesota Statutes 2002, section 204B.06, 
 95.19  subdivision 1, is amended to read: 
 95.20     Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
 95.21  candidacy shall state the name of the office sought and shall 
 95.22  state that the candidate:  
 95.23     (1) is an eligible voter; 
 95.24     (2) has no other affidavit on file as a candidate for any 
 95.25  office at the same primary or next ensuing general election, 
 95.26  except that a candidate for soil and water conservation district 
 95.27  supervisor in a district not located in whole or in part in 
 95.28  Anoka, Hennepin, Ramsey, or Washington County, may also have on 
 95.29  file an affidavit of candidacy for mayor or council member of a 
 95.30  statutory or home rule charter city of not more than 2,500 
 95.31  population contained in whole or in part in the soil and water 
 95.32  conservation district or for town supervisor in a town of not 
 95.33  more than 2,500 population contained in whole or in part in the 
 95.34  soil and water conservation district; and 
 95.35     (3) is, or will be on assuming the office, 21 years of age 
 95.36  or more, and will have maintained residence in the district from 
 96.1   which the candidate seeks election for 30 days before the 
 96.2   general election. 
 96.3      An affidavit of candidacy must include a statement that the 
 96.4   candidate's name as written on the affidavit for ballot 
 96.5   designation is the candidate's true name or the name by which 
 96.6   the candidate is commonly and generally known in the community. 
 96.7      An affidavit of candidacy for partisan office shall also 
 96.8   state the name of the candidate's political party or political 
 96.9   principle, stated in three words or less.  
 96.10     (b) This subdivision does not apply to a candidate 
 96.11  Candidates for president or vice-president of the United 
 96.12  States are not required to file an affidavit of candidacy for 
 96.13  office and this subdivision does not apply to those candidates. 
 96.14     Sec. 19.  Minnesota Statutes 2002, section 204B.07, 
 96.15  subdivision 2, is amended to read: 
 96.16     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 
 96.17  subdivision does not apply to candidates for presidential 
 96.18  elector nominated by major political parties.  Major party 
 96.19  candidates for presidential elector are certified under section 
 96.20  208.03.  Other presidential electors are nominated by petition 
 96.21  pursuant to this section.  On petitions nominating presidential 
 96.22  electors, the names of the candidates for president and 
 96.23  vice-president shall be added to the political party or 
 96.24  political principle stated on the petition.  One petition may be 
 96.25  filed to nominate a slate of presidential electors equal in 
 96.26  number to the number of electors to which the state is 
 96.27  entitled.  This subdivision does not apply to candidates for 
 96.28  presidential elector nominated by major political parties.  
 96.29  Major party candidates for presidential elector are certified 
 96.30  under section 208.03. 
 96.31     Sec. 20.  Minnesota Statutes 2002, section 204B.09, 
 96.32  subdivision 1, is amended to read: 
 96.33     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
 96.34  ELECTIONS.] (a) Except as otherwise provided by this 
 96.35  subdivision, affidavits of candidacy and nominating petitions 
 96.36  for county, state, and federal offices filled at the state 
 97.1   general election shall be filed not more than 70 days nor less 
 97.2   than 56 days before the state primary.  The affidavit may be 
 97.3   prepared and signed at any time between 60 days before the 
 97.4   filing period opens and the last day of the filing period. 
 97.5      (b) Notwithstanding other law to the contrary, the 
 97.6   affidavit of candidacy must be signed in the presence of a 
 97.7   notarial officer or an individual authorized to administer oaths 
 97.8   under section 358.10. 
 97.9      (c) This provision does not apply to candidates for 
 97.10  presidential elector nominated by major political parties.  
 97.11  Major party candidates for presidential elector are certified 
 97.12  under section 208.03.  Other candidates for presidential 
 97.13  electors may file petitions on or before the state primary day 
 97.14  pursuant to section 204B.07.  Nominating petitions to fill 
 97.15  vacancies in nominations shall be filed as provided in section 
 97.16  204B.13.  No affidavit or petition shall be accepted later than 
 97.17  5:00 p.m. on the last day for filing. 
 97.18     (d) Affidavits and petitions for offices to be voted on in 
 97.19  only one county shall be filed with the county auditor of that 
 97.20  county.  Affidavits and petitions for offices to be voted on in 
 97.21  more than one county shall be filed with the secretary of state. 
 97.22     Sec. 21.  Minnesota Statutes 2002, section 204B.09, 
 97.23  subdivision 3, is amended to read: 
 97.24     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
 97.25  or federal office who wants write-in votes for the candidate to 
 97.26  be counted must file a written request with the filing office 
 97.27  for the office sought no later than the fifth day before the 
 97.28  general election.  The filing officer shall provide copies of 
 97.29  the form to make the request.  
 97.30     (b) A candidate for president of the United States who 
 97.31  files a request under this subdivision must include the name of 
 97.32  a candidate for vice-president of the United States.  The 
 97.33  request must also include the name of at least one candidate for 
 97.34  presidential elector.  The total number of names of candidates 
 97.35  for presidential elector on the request may not exceed the total 
 97.36  number of electoral votes to be cast by Minnesota in the 
 98.1   presidential election. 
 98.2      (c) A candidate for governor who files a request under this 
 98.3   subdivision must include the name of a candidate for lieutenant 
 98.4   governor. 
 98.5      Sec. 22.  Minnesota Statutes 2002, section 204B.16, 
 98.6   subdivision 3, is amended to read: 
 98.7      Subd. 3.  [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 
 98.8   designation of a polling place pursuant to this section shall 
 98.9   remain effective until a different polling place is designated 
 98.10  for that precinct.  No designation of a new or different polling 
 98.11  place shall become effective less than 90 days prior to an 
 98.12  election, including school district elections or referenda, and 
 98.13  no polling place changes may occur during the period between the 
 98.14  state primary and the state general election, except that a new 
 98.15  polling place may be designated to replace a polling place that 
 98.16  has become unavailable for use.  
 98.17     Sec. 23.  Minnesota Statutes 2002, section 204B.19, 
 98.18  subdivision 1, is amended to read: 
 98.19     Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
 98.20  JUDGES.] Except as provided in subdivision 6, any individual who 
 98.21  is eligible to vote in an election precinct this state is 
 98.22  qualified to be appointed as an election judge for that precinct 
 98.23  subject to this section.  If the files of the appointing 
 98.24  authority do not contain sufficient voters within a precinct who 
 98.25  are qualified and willing to serve as election judges, election 
 98.26  judges may be appointed who reside in another precinct in the 
 98.27  same municipality, or for school district elections, in the same 
 98.28  school district, whether or not the precinct where they reside 
 98.29  is in the same county as the precinct where they will serve.  If 
 98.30  there are not sufficient voters within the municipality or 
 98.31  school district who are qualified and willing to serve as 
 98.32  election judges, election judges may be appointed who reside in 
 98.33  the county where the precinct is located. 
 98.34     Sec. 24.  Minnesota Statutes 2002, section 204B.19, 
 98.35  subdivision 6, is amended to read: 
 98.36     Subd. 6.  [HIGH SCHOOL STUDENTS.] Notwithstanding any other 
 99.1   requirements of this section, a student enrolled in a high 
 99.2   school in Minnesota or who is in a homeschool in compliance with 
 99.3   sections 120A.22 and 120A.24, who has attained the age of 16 is 
 99.4   eligible to be appointed as a without party affiliation trainee 
 99.5   election judge in the county in which the student resides.  The 
 99.6   student must meet qualifications for trainee election judges 
 99.7   specified in rules of the secretary of state.  A student 
 99.8   appointed as a trainee election judge may be excused from school 
 99.9   attendance during the hours that the student is serving as a 
 99.10  trainee election judge if the student submits a written request 
 99.11  signed and approved by the student's parent or guardian to be 
 99.12  absent from school and a certificate from the appointing 
 99.13  authority stating the hours during which the student will serve 
 99.14  as a trainee election judge to the principal of the school at 
 99.15  least ten days prior to the election.  Students shall not serve 
 99.16  as trainee election judges after 10:00 p.m.  Notwithstanding 
 99.17  section 177.24 to the contrary, trainee election judges may be 
 99.18  paid not less than two-thirds of the minimum wage for a large 
 99.19  employer.  The principal of the school may approve a request to 
 99.20  be absent from school conditioned on acceptable academic 
 99.21  performance and the requirement that the student must have 
 99.22  completed or be enrolled in a course of study in government at 
 99.23  the time of service as a trainee election judge.  
 99.24     Sec. 25.  Minnesota Statutes 2002, section 204B.22, is 
 99.25  amended by adding a subdivision to read: 
 99.26     Subd. 4.  [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 
 99.27  MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 
 99.28  participation of election judge trainees must not be counted 
 99.29  toward satisfying any of the required numbers of election judges 
 99.30  in this chapter. 
 99.31     Sec. 26.  Minnesota Statutes 2002, section 204B.36, 
 99.32  subdivision 4, is amended to read: 
 99.33     Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
 99.34  contain the names of all candidates for each judicial office and 
 99.35  shall state the number of those candidates for whom a voter may 
 99.36  vote.  Each seat for an associate justice, associate judge, or 
100.1   judge of the district court must be numbered.  The words 
100.2   "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 
100.3   COURT" must be printed above the respective judicial office 
100.4   groups on the ballot.  The title of each judicial office shall 
100.5   be printed on the official primary and general election ballot 
100.6   as follows:  
100.7      (a) In the case of the Supreme Court:  
100.8      "Chief justice - Supreme Court"; 
100.9      "Associate justice (number) - Supreme Court" 
100.10     (b) In the case of the Court of Appeals:  
100.11     "Judge (number) - Court of Appeals"; or 
100.12     (c) In the case of the district court:  
100.13     "Judge (number) - (number) district court." 
100.14     Sec. 27.  Minnesota Statutes 2002, section 204B.41, is 
100.15  amended to read: 
100.16     204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
100.17     When a vacancy in nomination occurs through the death or 
100.18  catastrophic illness of a candidate after the 16th day before 
100.19  the general election, the officer in charge of preparing the 
100.20  ballots shall prepare and distribute a sufficient number of 
100.21  separate paper ballots which shall be headed with the words 
100.22  "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
100.23  title of the office for which the vacancy in nomination has been 
100.24  filled and the names of all the candidates nominated for that 
100.25  office.  The ballot shall conform to the provisions governing 
100.26  the printing of other official ballots as far as practicable.  
100.27  The title of the office and the names of the candidates for that 
100.28  office shall be blotted out or stricken from the regular ballots 
100.29  by the election judges.  The official supplemental ballot shall 
100.30  be given to each voter when the voter is given the regular 
100.31  ballot or is directed to the voting machine.  Regular ballots 
100.32  shall not be changed nor shall official supplemental ballots be 
100.33  prepared as provided in this section during the three six 
100.34  calendar days before an election.  Absentee ballots that have 
100.35  been mailed prior to the preparation of official supplemental 
100.36  ballots shall be counted in the same manner as if the vacancy 
101.1   had not occurred.  Official supplemental ballots shall not be 
101.2   mailed to absent voters to whom ballots were mailed before the 
101.3   official supplemental ballots were prepared. Both an official 
101.4   supplemental ballot and a replacement regular ballot from which 
101.5   the title of the office and names of the candidates for that 
101.6   office have been blotted out or stricken as provided in this 
101.7   section must be provided to each absentee voter or voter 
101.8   residing in a precinct voting by mail who requests either of 
101.9   them under section 203B.06, subdivision 3.  The election judges 
101.10  conducting absentee voting in health care facilities as provided 
101.11  in section 203B.11, subdivision 1, must deliver official 
101.12  supplemental ballots and replacement regular ballots to those 
101.13  facilities no later than 5:00 p.m. on the day before the 
101.14  election. 
101.15     Sec. 28.  Minnesota Statutes 2002, section 204C.06, is 
101.16  amended by adding a subdivision to read: 
101.17     Subd. 8.  [ACCESS FOR NEWS MEDIA.] The county auditor or 
101.18  municipal or school district clerk, or their designee, may, by 
101.19  written authorization, permit news media representatives to 
101.20  enter polling places for up to 15 minutes during voting hours to 
101.21  observe the voting process.  A media representative must obtain 
101.22  prior authorization and present photo identification to the head 
101.23  election judge upon arrival at the polling place and must not 
101.24  otherwise: 
101.25     (1) approach within six feet of an election judge or voter; 
101.26     (2) converse with a voter while in the polling place; 
101.27     (3) make a list of persons voting or not voting; or 
101.28     (4) interview a voter within the polling place. 
101.29     Sec. 29.  Minnesota Statutes 2002, section 204C.20, 
101.30  subdivision 2, is amended to read: 
101.31     Subd. 2.  [EXCESS BALLOTS.] If two or more ballots are 
101.32  found folded together like a single ballot, the election judges 
101.33  shall lay them aside until all the ballots in the box have been 
101.34  counted.  If it is evident from the number of ballots to be 
101.35  counted that the ballots folded together were cast by one voter, 
101.36  the election judges shall preserve but not count them.  If the 
102.1   number of ballots in one box exceeds the number to be counted, 
102.2   the election judges shall examine all the ballots in the box to 
102.3   ascertain that all are properly marked with the initials of the 
102.4   election judges.  If any ballots are not properly marked with 
102.5   the initials of the election judges, the election judges shall 
102.6   preserve but not count them; however, if the number of ballots 
102.7   does not exceed the number to be counted, the absence of either 
102.8   or both sets of initials of the election judges does not, by 
102.9   itself, disqualify the vote from being counted and must not be 
102.10  the basis of a challenge in a recount.  If there is still an 
102.11  excess of properly marked ballots, the election judges shall 
102.12  replace them in the box, and one election judge, without 
102.13  looking, shall withdraw from the box a number of ballots equal 
102.14  to the excess.  The withdrawn ballots shall not be counted but 
102.15  shall be preserved as provided in subdivision 4.  
102.16     Sec. 30.  Minnesota Statutes 2002, section 204C.33, 
102.17  subdivision 1, is amended to read: 
102.18     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
102.19  board shall meet at the county auditor's office on or before the 
102.20  seventh day following the state general election.  After taking 
102.21  the oath of office, the board shall promptly and publicly 
102.22  canvass the general election returns delivered to the county 
102.23  auditor.  Upon completion of the canvass, the board shall 
102.24  promptly prepare and file with the county auditor a report which 
102.25  states:  
102.26     (a) The number of individuals voting at the election in the 
102.27  county and in each precinct; 
102.28     (b) The number of individuals registering to vote on 
102.29  election day and the number of individuals registered before 
102.30  election day in each precinct; 
102.31     (c) The names of the candidates for each office and the 
102.32  number of votes received by each candidate in the county and in 
102.33  each precinct, including write-in candidates for state and 
102.34  federal office who have requested under section 204B.09 that 
102.35  votes for those candidates be tallied; 
102.36     (d) The number of votes counted for and against a proposed 
103.1   change of county lines or county seat; and 
103.2      (e) The number of votes counted for and against a 
103.3   constitutional amendment or other question in the county and in 
103.4   each precinct.  
103.5      The result of write-in votes cast on the general election 
103.6   ballots must be compiled by the county auditor before the county 
103.7   canvass, except that write-in votes for a candidate for state or 
103.8   federal office must not be counted unless the candidate has 
103.9   timely filed a request under section 204B.09, subdivision 3.  
103.10  The county auditor shall arrange for each municipality to 
103.11  provide an adequate number of election judges to perform this 
103.12  duty or the county auditor may appoint additional election 
103.13  judges for this purpose.  The county auditor may open the 
103.14  envelopes or containers in which the voted ballots have been 
103.15  sealed in order to count and record the write-in votes and must 
103.16  reseal the voted ballots at the conclusion of this process. 
103.17     Upon completion of the canvass, the county canvassing board 
103.18  shall declare the candidate duly elected who received the 
103.19  highest number of votes for each county and state office voted 
103.20  for only within the county.  The county auditor shall transmit 
103.21  one of the certified copies of the county canvassing board 
103.22  report for state and federal offices to the secretary of state 
103.23  by express mail or similar service immediately upon conclusion 
103.24  of the county canvass. 
103.25     Sec. 31.  Minnesota Statutes 2002, section 204C.35, is 
103.26  amended by adding a subdivision to read: 
103.27     Subd. 3.  [SCOPE OF RECOUNT.] A recount conducted as 
103.28  provided in this section is limited in scope to the 
103.29  determination of the number of votes validly cast for the office 
103.30  to be recounted.  Only the ballots cast in the election and the 
103.31  summary statements certified by the election judges may be 
103.32  considered in the recount process. 
103.33     Sec. 32.  Minnesota Statutes 2002, section 204C.36, 
103.34  subdivision 1, is amended to read: 
103.35     Subdivision 1.  [REQUIRED AUTOMATIC RECOUNTS.] (a) Except 
103.36  as provided in paragraph (b), a losing candidate for nomination 
104.1   or election to a county, municipal, or school district office 
104.2   may request a recount of the votes cast for the nomination or 
104.3   election to that office if the difference between the vote cast 
104.4   for that candidate and for a winning candidate for nomination or 
104.5   election is less than one-half of one percent of the total votes 
104.6   counted for that office.  In case of offices where two or more 
104.7   seats are being filled from among all the candidates for the 
104.8   office, the one-half of one percent difference is between the 
104.9   elected candidate with the fewest votes and the candidate with 
104.10  the most votes from among the candidates who were not elected.  
104.11     (b) A losing candidate for nomination or election to a 
104.12  county, municipal, or school district office may request a 
104.13  recount of the votes cast for nomination or election to that 
104.14  office if the difference between the vote cast for that 
104.15  candidate and for a winning candidate for nomination or election 
104.16  is ten votes or less, and the total number of votes cast for the 
104.17  nomination or election of all candidates is no more than 400.  
104.18  In cases of offices where two or more seats are being filled 
104.19  from among all the candidates for the office, the ten vote 
104.20  difference is between the elected candidate with the fewest 
104.21  votes and the candidate with the most votes from among the 
104.22  candidates who were not elected. 
104.23     (c) Candidates for county offices shall file a written 
104.24  request for the recount with the county auditor.  Candidates for 
104.25  municipal or school district offices shall file a written 
104.26  request with the municipal or school district clerk as 
104.27  appropriate.  All requests shall be filed during the time for 
104.28  notice of contest of the primary or election for which a recount 
104.29  is sought.  
104.30     (d) Upon receipt of a request made pursuant to this 
104.31  section, the county auditor shall recount the votes for a county 
104.32  office at the expense of the county, the governing body of the 
104.33  municipality shall recount the votes for a municipal office at 
104.34  the expense of the municipality, and the school board of the 
104.35  school district shall recount the votes for a school district 
104.36  office at the expense of the school district.  (a) If the 
105.1   difference between the votes cast for the candidates for 
105.2   nomination to a county, municipal, or school district office: 
105.3      (1) is less than one-half of one percent of the total 
105.4   number of votes counted for that nomination; or 
105.5      (2) is ten votes or less and the total number of votes cast 
105.6   for that nomination is 400 votes or less, 
105.7   and the difference determines the nomination, the canvassing 
105.8   board with responsibility for declaring the results for that 
105.9   office must recount the vote.  The scope of the recount is 
105.10  solely to recount the votes counted on election day. 
105.11     (b) In a general election, if the difference between the 
105.12  votes of a candidate who would otherwise be declared elected to 
105.13  a county, municipal, or school district office and the votes of 
105.14  any other candidate for that office: 
105.15     (1) is less than one-half of one percent of the total 
105.16  number of votes counted for that office; or 
105.17     (2) is ten votes or less if the total number of votes cast 
105.18  for that office is 400 votes or less, 
105.19  the canvassing board must recount the votes.  The scope of the 
105.20  recount is solely to recount the votes counted on election day. 
105.21     (c) In the case of offices where two or more seats are 
105.22  being filled from among all the candidates for the office, the 
105.23  one-half of one percent difference is between the elected 
105.24  candidate with the fewest votes and the candidate with the most 
105.25  votes from among the candidates who were not elected.  In cases 
105.26  of offices where two or more seats are being filled from among 
105.27  all the candidates for the office, the ten vote difference is 
105.28  between the elected candidate with the fewest votes and the 
105.29  candidate with the most votes from among the candidates who were 
105.30  not elected. 
105.31     (d) A recount must not delay any other part of the 
105.32  canvass.  The results of the recount must be certified by the 
105.33  canvassing board as soon as possible. 
105.34     (e) Time for notice of a contest for an office which is 
105.35  recounted under this section begins to run on certification of 
105.36  the results of the recount by the canvassing board. 
106.1      (f) A losing candidate may waive a recount required under 
106.2   this section by filing a written notice of waiver with the 
106.3   canvassing board. 
106.4      (g) The county auditor must recount the votes for a county 
106.5   office at the expense of the county, the governing body of the 
106.6   municipality must recount the votes for a municipal office at 
106.7   the expense of the municipality, and the school board of the 
106.8   school district must recount the votes for a school district 
106.9   office at the expense of the school district.  
106.10     Sec. 33.  Minnesota Statutes 2002, section 204C.36, 
106.11  subdivision 3, is amended to read: 
106.12     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] (a) A 
106.13  recount may must be conducted for a ballot question when the 
106.14  difference between the votes for and the votes against the 
106.15  question is less than or equal to the difference provided in 
106.16  subdivision 1.  The expenses for the recount must be paid for by 
106.17  the political subdivision placing the question on the ballot. 
106.18     (b) In other cases, a recount may be requested by any 
106.19  person eligible to vote on the ballot question.  A written 
106.20  request for a recount must be filed with the filing officer of 
106.21  the county, municipality, or school district placing the 
106.22  question on the ballot and must be accompanied by a petition 
106.23  containing the signatures of 25 voters eligible to vote on the 
106.24  question.  If the difference between the votes for and the votes 
106.25  against the question is greater than the difference provided in 
106.26  subdivision 1, The person requesting the recount shall also file 
106.27  with the filing officer of the county, municipality, or school 
106.28  district a bond, cash, or surety in an amount set by the 
106.29  appropriate governing body for the payment of recount expenses.  
106.30  The written request, petition, and any bond, cash, or surety 
106.31  required must be filed during the time for notice of contest for 
106.32  the election for which the recount is requested.  
106.33     Sec. 34.  Minnesota Statutes 2002, section 204C.36, is 
106.34  amended by adding a subdivision to read: 
106.35     Subd. 6.  [SCOPE OF RECOUNT.] A recount conducted as 
106.36  provided in this section is limited in scope to the 
107.1   determination of the number of votes validly cast for the office 
107.2   or question to be recounted.  Only the ballots cast in the 
107.3   election and the summary statements certified by the election 
107.4   judges may be considered in the recount process. 
107.5      Sec. 35.  Minnesota Statutes 2002, section 204C.361, is 
107.6   amended to read: 
107.7      204C.361 [RULES FOR RECOUNTS.] 
107.8      (a) The secretary of state shall adopt rules according to 
107.9   the Administrative Procedure Act establishing uniform recount 
107.10  procedures.  All recounts provided for by sections 204C.35, 
107.11  204C.36, and 206.88, shall be conducted in accordance with these 
107.12  rules.  
107.13     (b) Notwithstanding Minnesota Rules, part 8235.0800, the 
107.14  requirement that ballots be recounted by precinct means that a 
107.15  recount official shall maintain the segregation of ballots by 
107.16  precinct but the recount official may recount more than one 
107.17  precinct at a time in physically separate locations within the 
107.18  room in which the recount is administered. 
107.19     Sec. 36.  Minnesota Statutes 2002, section 204D.14, is 
107.20  amended by adding a subdivision to read: 
107.21     Subd. 3.  [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 
107.22  for which there is only one candidate filed must appear after 
107.23  all judicial offices on the canary ballot. 
107.24     Sec. 37.  [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 
107.25     When an official supplemental ballot must be used in a 
107.26  general election in accordance with section 204B.41, the 
107.27  secretary of state shall supply each auditor with a copy of an 
107.28  example supplemental ballot at least three days prior to the 
107.29  election.  The example supplemental ballot must illustrate the 
107.30  format required for the official supplemental ballot. 
107.31     The county auditor shall distribute copies of the example 
107.32  supplemental ballot to municipal and school district clerks in 
107.33  municipalities and school districts holding elections that 
107.34  year.  The official supplemental ballot must conform in all 
107.35  respects to the example supplemental ballot.  Failure of the 
107.36  official supplemental ballot to conform may be reported by any 
108.1   person to the county attorney in the same manner as provided by 
108.2   section 201.275. 
108.3      Sec. 38.  Minnesota Statutes 2002, section 204D.27, 
108.4   subdivision 11, is amended to read: 
108.5      Subd. 11.  [CERTIFICATE OF LEGISLATIVE ELECTION.] A 
108.6   certificate of election in a special election for state senator 
108.7   or state representative shall be issued by the county auditor or 
108.8   the secretary of state to the individual declared elected by the 
108.9   county or state canvassing board two days, excluding Sundays and 
108.10  legal holidays, after the appropriate canvassing board finishes 
108.11  canvassing the returns for the election.  
108.12     In case of a contest the certificate shall not be issued 
108.13  until the district court determines the contest.  
108.14     Sec. 39.  Minnesota Statutes 2002, section 205.02, 
108.15  subdivision 1, is amended to read: 
108.16     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
108.17  expressly provided in this chapter by law, the provisions of the 
108.18  Minnesota Election Law apply to municipal elections, so far as 
108.19  practicable. 
108.20     Sec. 40.  Minnesota Statutes 2002, section 205.075, is 
108.21  amended by adding a subdivision to read: 
108.22     Subd. 3.  [MORE THAN ONE SEAT TO BE FILLED AT ANY 
108.23  ELECTION.] A candidate filing for town supervisor when more than 
108.24  one seat is to be filled at an election held under subdivision 2 
108.25  must designate when filing the specific seat which the candidate 
108.26  is seeking. 
108.27     Sec. 41.  Minnesota Statutes 2002, section 205.16, 
108.28  subdivision 4, is amended to read: 
108.29     Subd. 4.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
108.30  every municipal election, the municipal clerk shall provide a 
108.31  written notice to the county auditor, including the date of the 
108.32  election, the offices to be voted on at the election, and the 
108.33  title and language for each ballot question to be voted on at 
108.34  the election. 
108.35     Sec. 42.  Minnesota Statutes 2002, section 205.16, is 
108.36  amended by adding a subdivision to read: 
109.1      Subd. 5.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
109.2   prior to every municipal election for which a notice is provided 
109.3   to the county auditor under subdivision 4, the county auditor 
109.4   shall provide a notice of the election to the secretary of 
109.5   state, in a manner and including information prescribed by the 
109.6   secretary of state. 
109.7      Sec. 43.  Minnesota Statutes 2002, section 205.185, 
109.8   subdivision 2, is amended to read: 
109.9      Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
109.10  be by secret ballot and shall be held and the returns made in 
109.11  the manner provided for the state general election, so far as 
109.12  practicable except as expressly provided by law. 
109.13     Sec. 44.  Minnesota Statutes 2002, section 205.185, 
109.14  subdivision 3, is amended to read: 
109.15     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
109.16  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
109.17  the governing body of a city conducting any election including a 
109.18  special municipal election, or the governing body of a town 
109.19  conducting the general election in November shall act as the 
109.20  canvassing board, canvass the returns, and declare the results 
109.21  of the election.  The governing body of a town conducting the 
109.22  general election in March shall act as the canvassing board, 
109.23  canvass the returns, and declare the results of the election 
109.24  within two days after an election.  
109.25     (b) After the time for contesting elections has passed, the 
109.26  municipal clerk shall issue a certificate of election to each 
109.27  successful candidate.  In case of a contest, the certificate 
109.28  shall not be issued until the outcome of the contest has been 
109.29  determined by the proper court.  
109.30     (c) In case of a tie vote, the governing body canvassing 
109.31  board having jurisdiction over the municipality shall determine 
109.32  the result by lot.  The clerk of the canvassing board shall 
109.33  certify the results of the election to the county auditor, and 
109.34  the clerk shall be the final custodian of the ballots and the 
109.35  returns of the election. 
109.36     Sec. 45.  Minnesota Statutes 2002, section 205A.02, is 
110.1   amended to read: 
110.2      205A.02 [ELECTION LAW APPLICABLE.] 
110.3      Except as provided in this chapter by law, the Minnesota 
110.4   Election Law applies to school district elections, as far as 
110.5   practicable.  Elections in common school districts shall be 
110.6   governed by section 123B.94. 
110.7      Sec. 46.  Minnesota Statutes 2003 Supplement, section 
110.8   205A.07, subdivision 3, is amended to read: 
110.9      Subd. 3.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
110.10  every school district election, the school district clerk shall 
110.11  provide a written notice to the county auditor of each county in 
110.12  which the school district is located.  The notice must include 
110.13  the date of the election, the offices to be voted on at the 
110.14  election, and the title and language for each ballot question to 
110.15  be voted on at the election.  For the purposes of meeting the 
110.16  timelines of this section, in a bond election, a notice, 
110.17  including a proposed question, may be provided to the county 
110.18  auditor prior to receipt of a review and comment from the 
110.19  commissioner of education and prior to actual initiation of the 
110.20  election. 
110.21     Sec. 47.  Minnesota Statutes 2002, section 205A.07, is 
110.22  amended by adding a subdivision to read: 
110.23     Subd. 3b.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
110.24  prior to every school district election for which a notice is 
110.25  provided to the county auditor under subdivision 3, the county 
110.26  auditor shall provide a notice of the election to the secretary 
110.27  of state, in a manner and including information prescribed by 
110.28  the secretary of state. 
110.29     Sec. 48.  Minnesota Statutes 2002, section 206.90, 
110.30  subdivision 6, is amended to read: 
110.31     Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
110.32  systems, a single ballot card on which all ballot information is 
110.33  included must be printed in black ink on white colored material 
110.34  except that marks not to be read by the automatic tabulating 
110.35  equipment may be printed in another color ink.  
110.36     On the front of the ballot must be printed the words 
111.1   "Official Ballot" and the date of the election and lines for the 
111.2   initials of at least two election judges. 
111.3      When optical scan ballots are used, the offices to be 
111.4   elected must appear in the following order:  federal offices; 
111.5   state legislative offices; constitutional offices; proposed 
111.6   constitutional amendments; county offices and questions; 
111.7   municipal offices and questions; school district offices and 
111.8   questions; special district offices and questions; and judicial 
111.9   offices. 
111.10     On optical scan ballots, the names of candidates and the 
111.11  words "yes" and "no" for ballot questions must be printed as 
111.12  close to their corresponding vote targets as possible. 
111.13     The line on an optical scan ballot for write-in votes must 
111.14  contain the words "write-in, if any." 
111.15     If a primary ballot contains both a partisan ballot and a 
111.16  nonpartisan ballot, the instructions to voters must include a 
111.17  statement that reads substantially as follows:  "THIS BALLOT 
111.18  CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON 
111.19  THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 
111.20  ONE POLITICAL PARTY ONLY."  If a primary ballot contains 
111.21  political party columns on both sides of the ballot, the 
111.22  instructions to voters must include a statement that reads 
111.23  substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE 
111.24  PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE 
111.25  POLITICAL PARTY ONLY."  At the bottom of each political party 
111.26  column on the primary ballot, the ballot must contain a 
111.27  statement that reads substantially as follows:  "CONTINUE VOTING 
111.28  ON THE NONPARTISAN BALLOT."  The instructions in section 
111.29  204D.08, subdivision 4, do not apply to optical scan partisan 
111.30  primary ballots. 
111.31     Sec. 49.  Minnesota Statutes 2002, section 211A.02, is 
111.32  amended by adding a subdivision to read: 
111.33     Subd. 5.  [ELECTRONIC REPORTING.] The reports required by 
111.34  this section may be filed electronically, subject to the 
111.35  approval of the filing officer. 
111.36     Sec. 50.  Minnesota Statutes 2002, section 351.01, 
112.1   subdivision 4, is amended to read: 
112.2      Subd. 4.  [WITHDRAWAL OF RESIGNATION.] A prospective 
112.3   resignation permitted by subdivision 3 may only be withdrawn by 
112.4   a written statement signed by the officer and submitted in the 
112.5   same manner as the resignation, and may only be withdrawn before 
112.6   it has been accepted by resolution of the body or board 
112.7   or before a written acceptance of the resignation by an officer 
112.8   authorized to receive it. 
112.9      Sec. 51.  Minnesota Statutes 2002, section 365.51, 
112.10  subdivision 3, is amended to read: 
112.11     Subd. 3.  [OFFICERS; OTHER BUSINESS.] An annual town 
112.12  election shall be held on the same day as the annual town 
112.13  meeting to elect all town officers required by law to be elected 
112.14  and to consider ballot questions, except as provided in section 
112.15  205.075, subdivision 2.  Other town business shall be conducted 
112.16  at the town meeting as provided by law.  
112.17     Sec. 52.  Minnesota Statutes 2002, section 367.12, is 
112.18  amended to read: 
112.19     367.12 [DEPUTY CLERK.] 
112.20     Each town clerk may appoint a deputy, for whose acts the 
112.21  clerk shall be responsible, and who, in the clerk's absence or 
112.22  disability, shall perform the clerk's duties.  If a town clerk 
112.23  has not appointed a deputy, the town treasurer shall perform the 
112.24  duties of the clerk relating to receiving candidate filings when 
112.25  the clerk is absent. 
112.26     Sec. 53.  Minnesota Statutes 2002, section 414.041, 
112.27  subdivision 1, is amended to read: 
112.28     Subdivision 1.  [INITIATING THE PROCEEDING.] (a) Two or 
112.29  more municipalities may be the subject of a single proceeding 
112.30  provided that each municipality abuts at least one of the 
112.31  included municipalities.  
112.32     (b) The proceeding shall be initiated in one of the 
112.33  following ways:  
112.34     (1) submitting to the director a resolution of the city 
112.35  council of each affected municipality; 
112.36     (2) submitting to the director a petition signed by a 
113.1   number of residents eligible to vote equivalent to five percent 
113.2   or more of the resident voters of a municipality who voted for 
113.3   governor at the last general election; or 
113.4      (3) by the director.  
113.5      (c) The petition or resolution shall set forth the 
113.6   following information about each included municipality:  name, 
113.7   description of boundaries, the reasons for requesting the 
113.8   consolidation and the names of all parties entitled to mailed 
113.9   notice under section 414.09.  
113.10     (d) The party initiating the proceeding shall serve copies 
113.11  of the petition or resolution on all of the included 
113.12  municipalities. 
113.13     Sec. 54.  Minnesota Statutes 2002, section 447.32, 
113.14  subdivision 3, is amended to read: 
113.15     Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
113.16  first day to file affidavits of candidacy, the clerk of the 
113.17  district shall publish a notice stating the first and last day 
113.18  on which affidavits of candidacy may be filed, the places for 
113.19  filing the affidavits and the closing time of the last day for 
113.20  filing.  The clerk shall post a similar notice in at least one 
113.21  conspicuous place in each city and town in the district at least 
113.22  ten days before the first day to file affidavits of candidacy.  
113.23     At least 53 days prior to every hospital district election, 
113.24  the hospital district clerk shall provide a written notice to 
113.25  the county auditor of each county in which the hospital district 
113.26  is located.  The notice must include the date of the election, 
113.27  the offices to be voted on at the election, and the title and 
113.28  language for each ballot question to be voted on at the 
113.29  election.  At least 46 days before a hospital district election 
113.30  for which a notice is provided to the county auditor under this 
113.31  subdivision, the county auditor shall provide a notice to the 
113.32  secretary of state in a manner and including information 
113.33  prescribed by the secretary of state.  
113.34     The notice of each election must be posted in at least one 
113.35  public and conspicuous place within each city and town included 
113.36  in the district at least ten days before the election.  It must 
114.1   be published in the official newspaper of the district or, if a 
114.2   paper has not been designated, in a legal newspaper having 
114.3   general circulation within the district, at least two weeks 
114.4   before the election.  Failure to give notice does not invalidate 
114.5   the election of an officer of the district.  A voter may contest 
114.6   a hospital district election in accordance with chapter 209.  
114.7   Chapter 209 applies to hospital district elections. 
114.8      Sec. 55.  Minnesota Statutes 2002, section 447.32, 
114.9   subdivision 4, is amended to read: 
114.10     Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
114.11  person who wants to be a candidate for the hospital board shall 
114.12  file an affidavit of candidacy for the election either as member 
114.13  at large or as a member representing the city or town where the 
114.14  candidate resides.  The affidavit of candidacy must be filed 
114.15  with the city or town clerk not more than ten weeks nor less 
114.16  than eight weeks before the Tuesday after the second Monday in 
114.17  September of the year in which the general election is held.  
114.18  The city or town clerk must forward the affidavits of candidacy 
114.19  to the clerk of the hospital district or, for the first 
114.20  election, the clerk of the most populous city or town 
114.21  immediately after the last day of the filing period.  A 
114.22  candidate may withdraw from the election by filing an affidavit 
114.23  of withdrawal with the clerk of the district no later than 5:00 
114.24  p.m. two days after the last day to file affidavits of candidacy.
114.25     Voting must be by secret ballot.  The clerk shall prepare, 
114.26  at the expense of the district, necessary ballots for the 
114.27  election of officers.  Ballots must be printed on tan paper and 
114.28  prepared as provided in the rules of the secretary of state.  
114.29  The ballots must be marked and initialed by at least two judges 
114.30  as official ballots and used exclusively at the election.  Any 
114.31  proposition to be voted on may be printed on the ballot provided 
114.32  for the election of officers.  The hospital board may also 
114.33  authorize the use of voting systems subject to chapter 206.  
114.34  Enough election judges may be appointed to receive the votes at 
114.35  each polling place.  The election judges shall act as clerks of 
114.36  election, count the ballots cast, and submit them to the board 
115.1   for canvass.  
115.2      After canvassing the election, the board shall issue a 
115.3   certificate of election to the candidate who received the 
115.4   largest number of votes cast for each office.  The clerk shall 
115.5   deliver the certificate to the person entitled to it in person 
115.6   or by certified mail.  Each person certified shall file an 
115.7   acceptance and oath of office in writing with the clerk within 
115.8   30 days after the date of delivery or mailing of the 
115.9   certificate.  The board may fill any office as provided in 
115.10  subdivision 1 if the person elected fails to qualify within 30 
115.11  days, but qualification is effective if made before the board 
115.12  acts to fill the vacancy. 
115.13     Sec. 56.  <b>[EFFECTIVE DATE.]</b> 
115.14     This article is effective the day following final enactment.
115.15                             ARTICLE 7
115.16               UNIFORM STATE AND LOCAL ELECTION DATES
115.17     Section 1.  [204D.035] [PERIODIC UNIFORM ELECTION DAY.] 
115.18     Subdivision 1.  [SHORT TITLE.] This section may be referred 
115.19  to as the "Periodic Uniform Election Day Act of 2004." 
115.20     Subd. 2.  [ELECTIONS COVERED.] This section applies to all 
115.21  state, county, municipal, school district, and any other 
115.22  political subdivision elections held in the state of Minnesota, 
115.23  and elections on ballot questions, except for (i) elections held 
115.24  to fill a vacancy in office and required by statute to be held 
115.25  sooner than the next day designated in subdivision 3, or (ii) 
115.26  elections conducted by mail.  
115.27     Subd. 3.  [ELECTIONS ON DESIGNATED DAYS.] (a) 
115.28  Notwithstanding other law to the contrary, elections covered in 
115.29  subdivision 2 may be held only on the following days: 
115.30     (1) the second Tuesday in March; 
115.31     (2) the third Tuesday in May; 
115.32     (3) the first Tuesday after the second Monday in September; 
115.33  and 
115.34     (4) the first Tuesday after the first Monday in November. 
115.35     (b) The time period in which a special election must be 
115.36  conducted under any other law or charter provision must be 
116.1   extended to conform to the requirements of this subdivision. 
116.2      Subd. 4.  [PRIMARY DATE IF NOT SPECIFIED.] If other law 
116.3   provides for a primary to take place for a particular office but 
116.4   does not specify the date of the primary, the primary may be 
116.5   held on one of the days specified in subdivision 3, paragraph 
116.6   (a), clauses (1) to (3).  The general election for the office 
116.7   must be held on the date listed in subdivision 3 that 
116.8   immediately follows the date chosen for the primary. 
116.9      Subd. 5.  [ELECTION TIMES AND POLLING PLACES.] An election 
116.10  held in a jurisdiction on one of the days specified in 
116.11  subdivision 3 must be held during the hours determined under 
116.12  section 204C.05. 
116.13     Subd. 6.  [APPLICABLE LAWS.] Except as otherwise provided 
116.14  by this section, Minnesota election law remains applicable to 
116.15  elections held on any of the days listed in subdivision 3. 
116.16     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
116.17  123B.63, subdivision 3, is amended to read: 
116.18     Subd. 3.  [CAPITAL PROJECT LEVY REFERENDUM.] A district may 
116.19  levy the local tax rate approved by a majority of the electors 
116.20  voting on the question to provide funds for an approved 
116.21  project.  The election must take place no more than five years 
116.22  before the estimated date of commencement of the project.  The 
116.23  referendum must be held on a date set by the board specified 
116.24  under section 204D.035, subdivision 3.  A referendum for a 
116.25  project not receiving a positive review and comment by the 
116.26  commissioner under section 123B.71 must be approved by at least 
116.27  60 percent of the voters at the election.  The referendum may be 
116.28  called by the school board and may be held: 
116.29     (1) separately, before an election for the issuance of 
116.30  obligations for the project under chapter 475; or 
116.31     (2) in conjunction with an election for the issuance of 
116.32  obligations for the project under chapter 475; or 
116.33     (3) notwithstanding section 475.59, as a conjunctive 
116.34  question authorizing both the capital project levy and the 
116.35  issuance of obligations for the project under chapter 475.  Any 
116.36  obligations authorized for a project may be issued within five 
117.1   years of the date of the election. 
117.2      The ballot must provide a general description of the 
117.3   proposed project, state the estimated total cost of the project, 
117.4   state whether the project has received a positive or negative 
117.5   review and comment from the commissioner, state the maximum 
117.6   amount of the capital project levy as a percentage of net tax 
117.7   capacity, state the amount that will be raised by that local tax 
117.8   rate in the first year it is to be levied, and state the maximum 
117.9   number of years that the levy authorization will apply. 
117.10     The ballot must contain a textual portion with the 
117.11  information required in this section and a question stating 
117.12  substantially the following: 
117.13     "Shall the capital project levy proposed by the board of 
117.14  .......... School District No. .......... be approved?" 
117.15     If approved, the amount provided by the approved local tax 
117.16  rate applied to the net tax capacity for the year preceding the 
117.17  year the levy is certified may be certified for the number of 
117.18  years approved. 
117.19     In the event a conjunctive question proposes to authorize 
117.20  both the capital project levy and the issuance of obligations 
117.21  for the project, appropriate language authorizing the issuance 
117.22  of obligations must also be included in the question.  
117.23     The district must notify the commissioner of the results of 
117.24  the referendum. 
117.25     Sec. 3.  Minnesota Statutes 2002, section 126C.17, 
117.26  subdivision 11, is amended to read: 
117.27     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
117.28  held under paragraph (b), any referendum under this section held 
117.29  on a day other than the first Tuesday after the first Monday in 
117.30  November must be conducted by mail in accordance with section 
117.31  204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
117.32  contrary, in the case of a referendum conducted by mail under 
117.33  this paragraph, the notice required by subdivision 9, paragraph 
117.34  (b), must be prepared and delivered by first-class mail at least 
117.35  20 days before the referendum. 
117.36     (b) In addition to the referenda allowed in subdivision 9, 
118.1   clause (a), the commissioner may grant authority to a district 
118.2   to hold a referendum on a different day if the district is in 
118.3   statutory operating debt and has an approved plan or has 
118.4   received an extension from the department to file a plan to 
118.5   eliminate the statutory operating debt.  A referendum must be 
118.6   held on a date specified under section 204D.035, subdivision 3.  
118.7      (c) The commissioner must approve, deny, or modify each 
118.8   district's request for a referendum levy on a different day 
118.9   within 60 days of receiving the request from a district. 
118.10     Sec. 4.  Minnesota Statutes 2002, section 204C.05, is 
118.11  amended by adding a subdivision to read: 
118.12     Subd. 1c.  [ELECTIONS; MUNICIPALITIES AND SCHOOL 
118.13  DISTRICTS.] The governing body of a municipality or school 
118.14  district may, by resolution, designate the time during which the 
118.15  polling places will remain open for voting at the next 
118.16  succeeding and all later municipal or school district elections 
118.17  that are not held at the same time as the state primary or state 
118.18  general election.  All polling places must be open at least 
118.19  between the hours of 10:00 a.m. and 8:00 p.m.  The resolution 
118.20  remains in effect until revoked by the governing board or a 
118.21  petition from voters is filed under this subdivision.  If a 
118.22  petition requesting longer voting hours for any election is 
118.23  signed by a number of voters equal to 20 percent of the votes 
118.24  cast in the last municipal or school district general election, 
118.25  whichever applies, and filed with the appropriate municipal or 
118.26  school district clerk no later than 30 days before an election, 
118.27  then the polling places for that election must open at 7:00 a.m. 
118.28  and close at 8:00 p.m.  The municipal or school district clerk 
118.29  must give ten days published and posted notice of the change in 
118.30  hours and notify the appropriate county auditors of the change. 
118.31     Sec. 5.  Minnesota Statutes 2002, section 205.10, 
118.32  subdivision 3, is amended to read: 
118.33     Subd. 3.  [PROHIBITION.] No A special election authorized 
118.34  under subdivision 1 may be held within 40 days after the state 
118.35  general election only on one of the dates specified in section 
118.36  204D.035, subdivision 3. 
119.1      Sec. 6.  [205.176] [VOTING HOURS.] 
119.2      In all municipal elections the hours for voting must be 
119.3   determined as provided by section 204C.05. 
119.4      Sec. 7.  Minnesota Statutes 2002, section 205A.05, 
119.5   subdivision 1, is amended to read: 
119.6      Subdivision 1.  [QUESTIONS.] Special elections must be held 
119.7   for a school district on a question on which the voters are 
119.8   authorized by law to pass judgment.  The school board may on its 
119.9   own motion call a special election to vote on any matter 
119.10  requiring approval of the voters of a district.  Upon petition 
119.11  of 50 or more voters of the school district or five percent of 
119.12  the number of voters voting at the preceding regular school 
119.13  district election, the school board shall by resolution call a 
119.14  special election to vote on any matter requiring approval of the 
119.15  voters of a district.  A question is carried only with the 
119.16  majority in its favor required by law.  The election officials 
119.17  for a special election are the same as for the most recent 
119.18  school district general election unless changed according to 
119.19  law.  Otherwise, special elections must be conducted and the 
119.20  returns made in the manner provided for the school district 
119.21  general election.  A special election may not be held during the 
119.22  30 days before and the 30 days after the state primary, during 
119.23  the 30 days before and the 40 days after the state general 
119.24  election.  In addition, a special election may not be held 
119.25  during the 20 days before and the 20 days after any regularly 
119.26  scheduled election of a municipality wholly or partially within 
119.27  the school district.  A special election under this subdivision 
119.28  must be held only on one of the dates specified in section 
119.29  204D.035, subdivision 3.  Notwithstanding any other law to the 
119.30  contrary, the time period in which a special election must be 
119.31  conducted under any other law may be extended by the school 
119.32  board to conform with the requirements of this subdivision. 
119.33     Sec. 8.  [205A.095] [HOURS FOR VOTING.] 
119.34     The hours for voting in school district elections must be 
119.35  determined as provided by section 204C.05. 
119.36     Sec. 9.  Minnesota Statutes 2002, section 373.40, 
120.1   subdivision 2, is amended to read: 
120.2      Subd. 2.  [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 
120.3   issued by a county to finance capital improvements under an 
120.4   approved capital improvement plan are not subject to the 
120.5   election requirements of section 375.18 or 475.58.  The bonds 
120.6   must be approved by vote of at least three-fifths of the members 
120.7   of the county board.  In the case of a metropolitan county, the 
120.8   bonds must be approved by vote of at least two-thirds of the 
120.9   members of the county board. 
120.10     (b) Before issuance of bonds qualifying under this section, 
120.11  the county must publish a notice of its intention to issue the 
120.12  bonds and the date and time of a hearing to obtain public 
120.13  comment on the matter.  The notice must be published in the 
120.14  official newspaper of the county or in a newspaper of general 
120.15  circulation in the county.  The notice must be published at 
120.16  least 14, but not more than 28, days before the date of the 
120.17  hearing. 
120.18     (c) A county may issue the bonds only upon obtaining the 
120.19  approval of a majority of the voters voting on the question of 
120.20  issuing the obligations, if a petition requesting a vote on the 
120.21  issuance is signed by voters equal to five percent of the votes 
120.22  cast in the county in the last general election and is filed 
120.23  with the county auditor within 30 days after the public 
120.24  hearing.  The commissioner of revenue shall prepare a suggested 
120.25  form of the question to be presented at the election.  The 
120.26  election may be held only on one of the dates specified in 
120.27  section 204D.035, subdivision 3. 
120.28     Sec. 10.  Minnesota Statutes 2002, section 375.20, is 
120.29  amended to read: 
120.30     375.20 [BALLOT QUESTIONS.] 
120.31     If the county board may do an act, incur a debt, 
120.32  appropriate money for a purpose, or exercise any other power or 
120.33  authority, only if authorized by a vote of the people, the 
120.34  question may be submitted at a special or general election, by a 
120.35  resolution specifying the matter or question to be voted upon. 
120.36  If the question is to authorize the appropriation of money, 
121.1   creation of a debt, or levy of a tax, it shall state the 
121.2   amount.  Notice of the election shall be given as in the case of 
121.3   special elections.  If the question submitted is adopted, the 
121.4   board shall pass an appropriate resolution to carry it into 
121.5   effect.  In the election the form of the ballot shall be:  "In 
121.6   favor of (here state the substance of the resolution to be 
121.7   submitted), Yes ......  No......," with a square opposite each 
121.8   of the words "yes" and "no," in one of which the voter shall 
121.9   mark an "X" to indicate a choice.  The county board may call a 
121.10  special county election upon a question to be held within 60 
121.11  days on any date specified by section 204D.035, subdivision 3, 
121.12  after a resolution to that effect is adopted by the county 
121.13  board.  Upon the adoption of the resolution the county auditor 
121.14  shall post and publish notices of the election, as required by 
121.15  section 204D.22, subdivisions 2 and 3.  The election shall be 
121.16  conducted and the returns canvassed in the manner prescribed by 
121.17  sections 204D.20 to 204D.27, so far as practicable. 
121.18     Sec. 11.  Minnesota Statutes 2002, section 458.40, is 
121.19  amended to read: 
121.20     458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 
121.21     If a charter adopted under the Minnesota Constitution, 
121.22  article IV, section 36, article XI, section 4, or article XII, 
121.23  section 5, has a provision that requires the question of the 
121.24  issuance of bonds to be submitted to the electors, the provision 
121.25  prevails over sections 458.36 to 458.40.  The question must be 
121.26  submitted to the voters on one of the dates specified in section 
121.27  204D.035, subdivision 3, notwithstanding any contrary provision 
121.28  in the charter regarding the date of submission. 
121.29     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
121.30  465.82, subdivision 2, is amended to read: 
121.31     Subd. 2.  [CONTENTS OF PLAN.] The plan must state:  
121.32     (1) the specific cooperative activities the units will 
121.33  engage in during the first two years of the venture; 
121.34     (2) the steps to be taken to effect the merger of the 
121.35  governmental units, with completion no later than four years 
121.36  after the process begins; 
122.1      (3) the steps by which a single governing body will be 
122.2   created or, when the entire territory of a unit will be 
122.3   apportioned between or among two or more units contiguous to the 
122.4   unit that is to be apportioned, the steps to be taken by the 
122.5   governing bodies of the remaining units to provide for 
122.6   representation of the residents of the apportioned unit; 
122.7      (4) changes in services provided, facilities used, and 
122.8   administrative operations and staffing required to effect the 
122.9   preliminary cooperative activities and the final merger, and a 
122.10  two-, five-, and ten-year projection of expenditures for each 
122.11  unit if it combined and if it remained separate; 
122.12     (5) treatment of employees of the merging governmental 
122.13  units, specifically including provisions for reassigning 
122.14  employees, dealing with exclusive representatives, and providing 
122.15  financial incentives to encourage early retirements; 
122.16     (6) financial arrangements for the merger, specifically 
122.17  including responsibility for debt service on outstanding 
122.18  obligations of the merging units; 
122.19     (7) one- and two-year impact analyses, prepared by the 
122.20  granting state agency at the request of the local government 
122.21  unit, of major state aid revenues received for each unit if it 
122.22  combined and if it remained separate, including an impact 
122.23  analysis, prepared by the Department of Revenue, of any property 
122.24  tax revenue implications associated with tax increment financing 
122.25  districts and fiscal disparities under chapter 276A or 473F 
122.26  resulting from the merger; 
122.27     (8) procedures for a referendum to be held on a date 
122.28  specified in section 204D.035, subdivision 3, before the 
122.29  proposed combination to approve combining the local government 
122.30  units, specifically stating whether a majority of those voting 
122.31  in each district proposed for combination or a majority of those 
122.32  voting on the question in the entire area proposed for 
122.33  combination is needed to pass the referendum; and 
122.34     (9) a time schedule for implementation. 
122.35     Notwithstanding clause (3) or any other law to the 
122.36  contrary, all current members of the governing bodies of the 
123.1   local government units that propose to combine under sections 
123.2   465.81 to 465.86 may serve on the initial governing body of the 
123.3   combined unit until a gradual reduction in membership is 
123.4   achieved by foregoing election of new members when terms expire 
123.5   until the number permitted by other law is reached. 
123.6      Sec. 13.  Minnesota Statutes 2003 Supplement, section 
123.7   465.84, is amended to read: 
123.8      465.84 [REFERENDUM.] 
123.9      During the first or second year of cooperation, a 
123.10  referendum on the question of combination must be conducted.  
123.11  The referendum must be on a date specified by section 204D.035, 
123.12  subdivision 3, and called by the governing bodies of the units 
123.13  that propose to combine.  The referendum must be conducted 
123.14  according to the Minnesota Election Law, as defined in section 
123.15  200.01.  If the referendum fails, the same question or a 
123.16  modified question may be submitted the following year.  If the 
123.17  referendum fails again, the same question may not be submitted.  
123.18  Referendums shall be conducted on the same date in all local 
123.19  government units. 
123.20     Sec. 14.  Minnesota Statutes 2002, section 469.053, 
123.21  subdivision 5, is amended to read: 
123.22     Subd. 5.  [REVERSE REFERENDUM.] A city may increase its 
123.23  levy for port authority purposes under subdivision 4 only as 
123.24  provided in this subdivision.  Its city council must first pass 
123.25  a resolution stating the proposed amount of levy increase.  The 
123.26  city must then publish the resolution together with a notice of 
123.27  public hearing on the resolution for two successive weeks in its 
123.28  official newspaper or, if none exists, in a newspaper of general 
123.29  circulation in the city.  The hearing must be held two to four 
123.30  weeks after the first publication.  After the hearing, the city 
123.31  council may decide to take no action or may adopt a resolution 
123.32  authorizing the proposed increase or a lesser increase.  A 
123.33  resolution authorizing an increase must be published in the 
123.34  city's official newspaper or, if none exists, in a newspaper of 
123.35  general circulation in the city.  The resolution is not 
123.36  effective if a petition requesting a referendum on the 
124.1   resolution is filed with the city clerk within 30 days of 
124.2   publication of the resolution.  The petition must be signed by 
124.3   voters equaling five percent of the votes cast in the city in 
124.4   the last general election.  The resolution is effective if 
124.5   approved by a majority of those voting on the question.  The 
124.6   commissioner of revenue shall prepare a suggested form of 
124.7   referendum question.  The referendum must be held at a special 
124.8   or general election before October 1 on a date specified in 
124.9   section 204D.035, subdivision 3, of the year for which the levy 
124.10  increase is proposed. 
124.11     Sec. 15.  Minnesota Statutes 2002, section 469.0724, is 
124.12  amended to read: 
124.13     469.0724 [GENERAL OBLIGATION BONDS.] 
124.14     The port authority of Cannon Falls or Redwood Falls must 
124.15  not proceed with the sale of general obligation tax supported 
124.16  bonds until the city council by resolution approves the proposed 
124.17  issuance.  The resolution must be published in the official 
124.18  newspaper.  If, within 30 days after the publication, a petition 
124.19  signed by voters equal in number to ten percent of the number of 
124.20  voters at the last regular city election is filed with the city 
124.21  clerk, the city and port authority must not issue the general 
124.22  obligation tax supported bonds until the proposition has been 
124.23  approved by a majority of the votes cast on the question at a 
124.24  regular or special election held on one of the dates specified 
124.25  in section 204D.035, subdivision 3. 
124.26     Sec. 16.  Minnesota Statutes 2002, section 469.190, 
124.27  subdivision 5, is amended to read: 
124.28     Subd. 5.  [REVERSE REFERENDUM.] If the county board passes 
124.29  a resolution under subdivision 4 to impose the tax, the 
124.30  resolution must be published for two successive weeks in a 
124.31  newspaper of general circulation within the unorganized 
124.32  territory, together with a notice fixing a date for a public 
124.33  hearing on the proposed tax. 
124.34     The hearing must be held not less than two weeks nor more 
124.35  than four weeks after the first publication of the notice.  
124.36  After the public hearing, the county board may determine to take 
125.1   no further action, or may adopt a resolution authorizing the tax 
125.2   as originally proposed or approving a lesser rate of tax.  The 
125.3   resolution must be published in a newspaper of general 
125.4   circulation within the unorganized territory.  The voters of the 
125.5   unorganized territory may request a referendum on the proposed 
125.6   tax by filing a petition with the county auditor within 30 days 
125.7   after the resolution is published.  The petition must be signed 
125.8   by voters who reside in the unorganized territory.  The number 
125.9   of signatures must equal at least five percent of the number of 
125.10  persons voting in the unorganized territory in the last general 
125.11  election.  If such a petition is timely filed, the resolution is 
125.12  not effective until it has been submitted to the voters residing 
125.13  in the unorganized territory at a general or special 
125.14  election held on one of the dates specified in section 204D.035, 
125.15  subdivision 3, and a majority of votes cast on the question of 
125.16  approving the resolution are in the affirmative.  The 
125.17  commissioner of revenue shall prepare a suggested form of 
125.18  question to be presented at the referendum.  
125.19     Sec. 17.  Minnesota Statutes 2003 Supplement, section 
125.20  475.521, subdivision 2, is amended to read: 
125.21     Subd. 2.  [ELECTION REQUIREMENT.] (a) Bonds issued by a 
125.22  city to finance capital improvements under an approved capital 
125.23  improvements plan are not subject to the election requirements 
125.24  of section 475.58.  The bonds are subject to the net debt limits 
125.25  under section 475.53.  The bonds must be approved by an 
125.26  affirmative vote of three-fifths of the members of a five-member 
125.27  city council.  In the case of a city council having more than 
125.28  five members, the bonds must be approved by a vote of at least 
125.29  two-thirds of the city council. 
125.30     (b) Before the issuance of bonds qualifying under this 
125.31  section, the city must publish a notice of its intention to 
125.32  issue the bonds and the date and time of the hearing to obtain 
125.33  public comment on the matter.  The notice must be published in 
125.34  the official newspaper of the city or in a newspaper of general 
125.35  circulation in the city.  Additionally, the notice may be posted 
125.36  on the official Web site, if any, of the city.  The notice must 
126.1   be published at least 14 but not more than 28 days before the 
126.2   date of the hearing. 
126.3      (c) A city may issue the bonds only after obtaining the 
126.4   approval of a majority of the voters voting on the question of 
126.5   issuing the obligations, if a petition requesting a vote on the 
126.6   issuance is signed by voters equal to five percent of the votes 
126.7   cast in the city in the last general election and is filed with 
126.8   the city clerk within 30 days after the public hearing.  The 
126.9   commissioner of revenue shall prepare a suggested form of the 
126.10  question to be presented at the election.  The election must be 
126.11  held on one of the dates specified by section 204D.035, 
126.12  subdivision 3. 
126.13     Sec. 18.  Minnesota Statutes 2002, section 475.58, 
126.14  subdivision 1, is amended to read: 
126.15     Subdivision 1.  [APPROVAL BY ELECTORS; EXCEPTIONS.] 
126.16  Obligations authorized by law or charter may be issued by any 
126.17  municipality upon obtaining the approval of a majority of the 
126.18  electors voting at a special or general election held on one of 
126.19  the dates specified in section 204D.035, subdivision 3, on the 
126.20  question of issuing the obligations, but an election shall not 
126.21  be required to authorize obligations issued: 
126.22     (1) to pay any unpaid judgment against the municipality; 
126.23     (2) for refunding obligations; 
126.24     (3) for an improvement or improvement program, which 
126.25  obligation is payable wholly or partly from the proceeds of 
126.26  special assessments levied upon property specially benefited by 
126.27  the improvement or by an improvement within the improvement 
126.28  program, or of taxes levied upon the increased value of property 
126.29  within a district for the development of which the improvement 
126.30  is undertaken, including obligations which are the general 
126.31  obligations of the municipality, if the municipality is entitled 
126.32  to reimbursement in whole or in part from the proceeds of such 
126.33  special assessments or taxes and not less than 20 percent of the 
126.34  cost of the improvement or the improvement program is to be 
126.35  assessed against benefited property or is to be paid from the 
126.36  proceeds of federal grant funds or a combination thereof, or is 
127.1   estimated to be received from such taxes within the district; 
127.2      (4) payable wholly from the income of revenue producing 
127.3   conveniences; 
127.4      (5) under the provisions of a home rule charter which 
127.5   permits the issuance of obligations of the municipality without 
127.6   election; 
127.7      (6) under the provisions of a law which permits the 
127.8   issuance of obligations of a municipality without an election; 
127.9      (7) to fund pension or retirement fund liabilities pursuant 
127.10  to section 475.52, subdivision 6; 
127.11     (8) under a capital improvement plan under section 373.40; 
127.12  and 
127.13     (9) under sections 469.1813 to 469.1815 (property tax 
127.14  abatement authority bonds), if the proceeds of the bonds are not 
127.15  used for a purpose prohibited under section 469.176, subdivision 
127.16  4g, paragraph (b). 
127.17     Sec. 19.  Minnesota Statutes 2002, section 475.58, 
127.18  subdivision 1a, is amended to read: 
127.19     Subd. 1a.  [RESUBMISSION LIMITATION.] If the electors do 
127.20  not approve the issuing of obligations at an election required 
127.21  by subdivision 1, the question of authorizing the obligations 
127.22  for the same purpose and in the same amount may not be submitted 
127.23  to the electors within a period of until a special or general 
127.24  election held on a date specified in section 204D.035, 
127.25  subdivision 3, and not sooner than 180 days from the date the 
127.26  election was held.  If the question of authorizing the 
127.27  obligations for the same purpose and in the same amount is not 
127.28  approved a second time it may not be submitted to the electors 
127.29  within a period of one year after the second election. 
127.30     Sec. 20.  Minnesota Statutes 2002, section 475.59, is 
127.31  amended to read: 
127.32     475.59 [MANNER OF SUBMISSION; NOTICE.] 
127.33     When the governing body of a municipality resolves to issue 
127.34  bonds for any purpose requiring the approval of the electors, it 
127.35  shall provide for submission of the proposition of their 
127.36  issuance at a general or special election held on a date 
128.1   specified by section 204D.035, subdivision 3, or at a town or 
128.2   school district meeting.  Notice of such election or meeting 
128.3   shall be given in the manner required by law and shall state the 
128.4   maximum amount and the purpose of the proposed issue.  In any 
128.5   school district, the school board or board of education may, 
128.6   according to its judgment and discretion, submit as a single 
128.7   ballot question or as two or more separate questions in the 
128.8   notice of election and ballots the proposition of their issuance 
128.9   for any one or more of the following, stated conjunctively or in 
128.10  the alternative:  acquisition or enlargement of sites, 
128.11  acquisition, betterment, erection, furnishing, equipping of one 
128.12  or more new schoolhouses, remodeling, repairing, improving, 
128.13  adding to, betterment, furnishing, equipping of one or more 
128.14  existing schoolhouses.  In any city, town, or county, the 
128.15  governing body may, according to its judgment and discretion, 
128.16  submit as a single ballot question or as two or more separate 
128.17  questions in the notice of election and ballots the proposition 
128.18  of their issuance, stated conjunctively or in the alternative, 
128.19  for the acquisition, construction, or improvement of any 
128.20  facilities at one or more locations. 
128.21     Sec. 21.  [REPEALER.] 
128.22     Minnesota Statutes 2002, sections 204C.05, subdivisions 1a 
128.23  and 1b; 205.175; and 205A.09, are repealed. 
128.24     Sec. 22.  [EFFECTIVE DATE.] 
128.25     This article is effective January 1, 2005. 
128.26                             ARTICLE 8
128.27                      ELECTION ADMINISTRATION
128.28     Section 1.  [MAINTENANCE OF EFFORT.] 
128.29     The state or a unit of local government receiving federal 
128.30  funds or equipment purchased with federal funds pursuant to the 
128.31  Help America Vote Act (P.L. 107-252) must maintain the 
128.32  expenditures of the state or the local unit of government for 
128.33  activities funded by the federal funds or for equipment 
128.34  expenditures at a level that is not less than the level of 
128.35  expenditures maintained by the state or the local unit of 
128.36  government for the fiscal year ending immediately preceding 
129.1   November 2000. 
129.2      Sec. 2.  Minnesota Statutes 2002, section 200.02, 
129.3   subdivision 20, is amended to read: 
129.4      Subd. 20.  [STATEWIDE REGISTRATION SYSTEM.] "Statewide 
129.5   registration system" means the single, interactive, computerized 
129.6   central statewide voter registration system and database 
129.7   developed and maintained by the secretary of state pursuant to 
129.8   section 201.022.  
129.9      Sec. 3.  Minnesota Statutes 2002, section 201.061, is 
129.10  amended by adding a subdivision to read: 
129.11     Subd. 1a.  [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 
129.12  any time except during the 20 days immediately preceding any 
129.13  election, an eligible voter or any individual who will be an 
129.14  eligible voter at the time of the next election may register to 
129.15  vote in the precinct in which the voter maintains residence by 
129.16  completing a voter registration application and submitting it by 
129.17  mail to the county auditor of that county or to the Secretary of 
129.18  State's Office.  If the voter has not previously voted in this 
129.19  state for federal office, the voter must also present, as 
129.20  described in clauses (1) to (4), a copy of a current and valid 
129.21  photo identification or a copy of a current utility bill, bank 
129.22  statement, government check, paycheck, or other government 
129.23  document that shows the name and address of the voter. 
129.24     If the county auditor determines that a voter who has 
129.25  submitted a voter registration application by mail and has not 
129.26  previously voted in this state for a federal office has also not 
129.27  presented a copy of a current utility bill, bank statement, 
129.28  government check, paycheck, or other government document that 
129.29  shows the name and address of the voter to the auditor, then the 
129.30  county auditor must notify the voter to complete registration by 
129.31  using one of the following methods: 
129.32     (1) present to the auditor more than 20 days before the 
129.33  election a copy of a current and valid photo identification or a 
129.34  copy of a current utility bill, bank statement, government 
129.35  check, paycheck, or other government document that shows the 
129.36  name and address of the voter; 
130.1      (2) before voting in person on election day, present to the 
130.2   election judges in the precinct a current and valid photo 
130.3   identification or a current utility bill, bank statement, 
130.4   government check, paycheck, or other government document that 
130.5   shows the name and address of the voter; 
130.6      (3) register in person prior to or on election day; 
130.7      (4) if voting by absentee ballot or mail, follow election 
130.8   day registration procedures for absentee voters as described in 
130.9   section 203B.04, subdivision 4. 
130.10     For purposes of this subdivision, mail registration is 
130.11  defined as a voter registration application that is not 
130.12  delivered in person to the secretary of state, county auditor, 
130.13  or municipal clerk by the individual making the application. 
130.14     For purposes of this subdivision, a notice of deficient or 
130.15  incomplete registration is not a government document that shows 
130.16  the name and address of the voter that can be used to satisfy 
130.17  the requirements of this subdivision. 
130.18     Sec. 4.  Minnesota Statutes 2002, section 201.071, 
130.19  subdivision 1, is amended to read: 
130.20     Subdivision 1.  [FORM.] (a) A registration card application 
130.21  must be of suitable size and weight for mailing and contain 
130.22  spaces for the following required information:  whether the 
130.23  voter is a United States citizen; whether the voter will be 18 
130.24  years old on or before election day; the voter's first name, 
130.25  middle name, and last name; the voter's previous name, if any; 
130.26  the voter's current address; the voter's previous address, if 
130.27  any; the voter's date of birth; the voter's municipality and 
130.28  county of residence; the voter's telephone number, if provided 
130.29  by the voter; the date of registration; the voter's current and 
130.30  valid Minnesota driver's license number or Minnesota state 
130.31  identification number or, if the voter has no current Minnesota 
130.32  driver's license or state identification number, the last four 
130.33  digits of the voter's Social Security number; the voter's e-mail 
130.34  address, if provided by the voter; the voter's interest in 
130.35  serving as an election judge, if indicated by the voter; and the 
130.36  voter's signature.  The card application must also contain a the 
131.1   following certification of voter eligibility.: 
131.2      "I certify that I 
131.3      (1) will be at least 18 years old on election day; 
131.4      (2) am a citizen of the United States; 
131.5      (3) will have resided in Minnesota for 20 days immediately 
131.6   preceding election day; 
131.7      (4) maintain residence at the address given on the 
131.8   registration form; 
131.9      (5) am not under a guardianship in which I have not 
131.10  retained the right to vote; 
131.11     (6) have not been found by a court to be legally 
131.12  incompetent to vote; 
131.13     (7) have not been convicted of a felony without having my 
131.14  civil rights restored; and 
131.15     (8) have read and understand this statement, that giving 
131.16  false information is a felony punishable by not more than five 
131.17  years' imprisonment or a fine of not more than $10,000, or both."
131.18     (b) The form of the voter registration card and the 
131.19  certification of voter eligibility application must be as 
131.20  provided in the rules of the secretary of state.: 
131.21     (1) be consistent in layout with the data entry screens 
131.22  used by the statewide registration system; 
131.23     (2) take into consideration readability and ease of 
131.24  understanding; 
131.25     (3) provide space for including a mailing address for 
131.26  returning the completed registration; 
131.27     (4) have printed on or with it a set of instructions for 
131.28  completing the registration; and 
131.29     (5) have printed on or with it a statement that assistance 
131.30  for registration and voting is available for elderly and 
131.31  disabled individuals and residents of health care facilities. 
131.32     (c) The voter registration application must contain a box 
131.33  marked "election day official use only" which contains "W ..," 
131.34  "P ..," and "SD."  These abbreviations stand for "ward," 
131.35  "precinct," and "school district."  Other information may also 
131.36  be included.  Election judges shall record the type of election 
132.1   day voter registration proof and its number, if any, in the 
132.2   "election day official use only" box. 
132.3      (d) The voter registration application may include a mark 
132.4   identifying where the voter obtained the application or how the 
132.5   application was delivered to the county auditor or secretary of 
132.6   state. 
132.7      (e) Voter registration forms authorized by the National 
132.8   Voter Registration Act may must also be accepted as valid.  The 
132.9   Federal Post Card Application (FPCA) form for requesting 
132.10  registration, an absentee ballot, or both must also be accepted 
132.11  for voter registration purposes if it is not deficient and if 
132.12  the voter is eligible to register in Minnesota.  Voters who are 
132.13  permanently overseas are not eligible to be registered. 
132.14     (f) An individual may use a voter registration application 
132.15  to apply to register to vote in Minnesota or to change 
132.16  information on an existing registration. 
132.17     (g) The secretary of state shall provide examples of the 
132.18  voter registration application to all county auditors. 
132.19     Sec. 5.  Minnesota Statutes 2002, section 201.071, 
132.20  subdivision 3, is amended to read: 
132.21     Subd. 3.  [DEFICIENT REGISTRATION.] Except as provided in 
132.22  subdivision 4a, no registration is deficient if it contains the 
132.23  voter's name, address, date of birth, current and valid driver's 
132.24  license number or Minnesota state identification number or, if 
132.25  the voter has no current and valid Minnesota driver's license or 
132.26  Minnesota state identification, the last four digits of the 
132.27  voter's Social Security number, if the voter has been issued a 
132.28  Social Security number, prior registration, if any, and 
132.29  signature.  The absence of a zip code number does not cause the 
132.30  registration to be deficient.  The election judges shall request 
132.31  an individual to correct a voter registration card application 
132.32  if it is deficient or illegible or if the name or number of the 
132.33  voter's school district is missing or obviously incorrect.  No 
132.34  eligible voter may be prevented from voting unless the voter's 
132.35  registration card application is deficient or the voter is duly 
132.36  and successfully challenged in accordance with section 201.195 
133.1   or 204C.12. 
133.2      A registration card accepted prior to August 1, 1983, is 
133.3   not deficient for lack of date of birth.  The county or 
133.4   municipality may attempt to obtain the date of birth for a 
133.5   registration card accepted prior to August 1, 1983, by a request 
133.6   to the voter at any time except at the polling place.  Failure 
133.7   by the voter to comply with this request does not make the 
133.8   registration deficient. 
133.9      Sec. 6.  Minnesota Statutes 2002, section 201.071, is 
133.10  amended by adding a subdivision to read: 
133.11     Subd. 4a.  [INCOMPLETE IDENTIFICATION OR RESIDENCE 
133.12  INFORMATION.] The voter registration for a voter described in 
133.13  section 201.061, subdivision 1a, who has not provided a copy of 
133.14  a current and valid photo identification or a copy of a current 
133.15  utility bill, bank statement, government check, paycheck, or 
133.16  other government document that shows the name and address of the 
133.17  voter to the county auditor must be considered incomplete until 
133.18  remedied by the voter in the manner described in section 
133.19  201.061, subdivision 1a.  The auditor or secretary of state 
133.20  shall record on the permanent voter record when this requirement 
133.21  has been met. 
133.22     Sec. 7.  Minnesota Statutes 2002, section 201.071, is 
133.23  amended by adding a subdivision to read: 
133.24     Subd. 9.  [PROPERLY COMPLETED REGISTRATIONS.] If a county 
133.25  auditor determines that a registration application has been 
133.26  properly completed under this chapter, the auditor shall file 
133.27  the application and enter the registration on the state 
133.28  registration system.  The county auditor shall maintain the file 
133.29  in an orderly manner.  The county auditor shall have a card 
133.30  notice mailed to each newly registered voter and to each voter 
133.31  who changed name or address information on the voter's existing 
133.32  voting record indicating the voter's name, address, precinct, 
133.33  and polling place.  The card must require that it be returned if 
133.34  not deliverable as addressed. 
133.35     Sec. 8.  Minnesota Statutes 2002, section 201.081, is 
133.36  amended to read: 
134.1      201.081 [REGISTRATION FILES.] 
134.2      The statewide registration system is the official record of 
134.3   registered voters.  The voter registration cards applications 
134.4   and the terminal providing access to the statewide registration 
134.5   system must be under the control of the secretary of state or 
134.6   the county auditor or the public official to whom the secretary 
134.7   of state or the county auditor has delegated the responsibility 
134.8   for maintaining voter registration records.  The voter 
134.9   registration cards applications and terminals providing access 
134.10  to the statewide registration system must not be removed from 
134.11  the control of the secretary of state or the county auditor 
134.12  except as provided in this subdivision.  The secretary of state 
134.13  or the county auditor may make photographic copies of voter 
134.14  registration cards applications in the manner provided by 
134.15  section 138.17.  
134.16     A properly completed voter registration card application 
134.17  that has been submitted to the secretary of state or a county 
134.18  auditor must be maintained by the secretary of state or the 
134.19  county auditor for at least 22 months after the date that the 
134.20  information on the card application is entered into the database 
134.21  of the statewide registration system.  The secretary of state or 
134.22  the county auditor may dispose of the cards applications after 
134.23  retention for 22 months in the manner provided by section 138.17.
134.24     The registration record of a voter whose registration has 
134.25  been made inactive must be maintained in and accessible from the 
134.26  statewide registration system for 22 months. 
134.27     Sec. 9.  Minnesota Statutes 2002, section 201.091, 
134.28  subdivision 4, is amended to read: 
134.29     Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
134.30  shall make available for inspection a public information list in 
134.31  electronic or other media which must contain the name, address, 
134.32  year of birth, and voting history of each registered voter in 
134.33  the county.  The telephone number must be included on the list 
134.34  if provided by the voter.  The public information list may also 
134.35  include information on voting districts.  The public information 
134.36  list must not include any portion of any person's Social 
135.1   Security number, driver's license number, or Minnesota 
135.2   identification number.  The county auditor may adopt reasonable 
135.3   rules governing access to the list.  A copy of the public 
135.4   information list must be available for public inspection for 
135.5   authorized purposes at all times in the county auditor's 
135.6   office.  No individual inspecting the public information list 
135.7   shall tamper with or alter it in any manner.  No individual who 
135.8   inspects the public information list or who acquires a list of 
135.9   registered voters prepared from the public information list may 
135.10  use any information contained in the list for purposes unrelated 
135.11  to elections, political activities, or law enforcement.  The 
135.12  secretary of state may provide copies of the public information 
135.13  lists and other information from the statewide registration 
135.14  system for uses related to elections, political activities, or 
135.15  in response to a law enforcement inquiry from a public official 
135.16  concerning a failure to comply with any criminal statute or any 
135.17  state or local tax statute.  The secretary of state may make 
135.18  public information lists available for public purchase. 
135.19     Before inspecting the public information list or obtaining 
135.20  a list of voters or other information from the list, the 
135.21  individual shall provide identification to the public official 
135.22  having custody of the public information list and shall state in 
135.23  writing that any information obtained from the list will not be 
135.24  used for purposes unrelated to elections, political activities, 
135.25  or law enforcement.  Requests to examine or obtain information 
135.26  from the public information lists or the statewide registration 
135.27  system must be made and processed in the manner provided in the 
135.28  rules of the secretary of state. 
135.29     Upon receipt of a written request and a copy of the court 
135.30  order, the secretary of state may must withhold from the public 
135.31  information list the name of any registered voter placed under 
135.32  court-ordered protection. 
135.33     Sec. 10.  Minnesota Statutes 2002, section 201.096, is 
135.34  amended to read: 
135.35     201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION 
135.36  SYSTEM.] 
136.1      The county auditor shall allow independent or special 
136.2   school districts to use the necessary portions of the statewide 
136.3   registration system for school district elections.  
136.4   The secretary of state or the county auditor may impose 
136.5   reasonable requirements to preserve the security and integrity 
136.6   of the system.  The secretary of state or the county auditor and 
136.7   the school district shall provide by agreement for the details 
136.8   of the use of the system by the school district.  The school 
136.9   board may designate a member of the board or an employee as 
136.10  registration officer.  The provisions of this chapter and 
136.11  chapter 203B relating to registration of voters apply to all 
136.12  school district elections in which the statewide registration 
136.13  system is used.  
136.14     Sec. 11.  Minnesota Statutes 2002, section 201.11, is 
136.15  amended to read: 
136.16     201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 
136.17     When the boundaries of a precinct are changed, the county 
136.18  auditor shall immediately notify the secretary of state.  The 
136.19  secretary of state, or the county auditor if delegated by the 
136.20  secretary of state, shall update the voter records for that 
136.21  precinct in the statewide registration system to accurately 
136.22  reflect those changes. 
136.23     Sec. 12.  Minnesota Statutes 2002, section 201.121, is 
136.24  amended by adding a subdivision to read: 
136.25     Subd. 4.  [AUDITOR'S RANDOM NOTIFICATION.] Following each 
136.26  election in which voters register on election day, the county 
136.27  auditor shall send a mailed notice of registration to a random 
136.28  sample of five percent of the election day registrants within 
136.29  ten days of the election.  This section does not relieve the 
136.30  county auditor of the responsibility to send a mailed notice to 
136.31  all registrants. 
136.32     Sec. 13.  Minnesota Statutes 2002, section 201.13, 
136.33  subdivision 1, is amended to read: 
136.34     Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
136.35  DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 
136.36  2002, Public Law 107-252, the commissioner of health shall 
137.1   report monthly by electronic means to the secretary of state the 
137.2   name, address, date of birth, and county of residence of each 
137.3   individual 18 years of age or older who has died while 
137.4   maintaining residence in Minnesota since the last previous 
137.5   report.  The secretary of state may electronically change the 
137.6   status of those registrants to "deceased" in the statewide 
137.7   registration system, when a single exact match can be found in 
137.8   the system.  The secretary of state may designate the county 
137.9   auditor to modify the statewide voter registration system in 
137.10  response to this report, in which case the secretary of state 
137.11  shall determine if any of the persons listed in the report are 
137.12  registered to vote and shall prepare a list of those registrants 
137.13  for each county auditor.  Within 60 days after receiving the 
137.14  list from the secretary of state, the county auditor shall 
137.15  change the status of those registrants to "deceased" in the 
137.16  statewide registration system. 
137.17     Sec. 14.  Minnesota Statutes 2002, section 201.14, is 
137.18  amended to read: 
137.19     201.14 [STATE COURT ADMINISTRATOR OF DISTRICT COURT, REPORT 
137.20  CHANGES OF NAMES.] 
137.21     The state court administrator of district court in each 
137.22  county shall report monthly to the county auditor secretary of 
137.23  state the name and address of each individual, 18 years of age 
137.24  or over, who maintains residence in that county and whose name 
137.25  was changed during the month preceding the date of the report, 
137.26  by marriage, divorce or any order or decree of the court.  The 
137.27  report may be made by electronic means.  The secretary of state 
137.28  may designate the county auditor to modify the statewide voter 
137.29  registration system in response to this report.  If the report 
137.30  is made by electronic means, the secretary of state shall 
137.31  determine if any of the persons in the report are registered to 
137.32  vote and shall prepare a list of those registrants for each 
137.33  county auditor.  Upon receipt of the report list, the county 
137.34  auditor shall notify by mail each registered voter whose name 
137.35  was changed that it will be necessary to reregister change the 
137.36  registration under the changed name in order to vote. 
138.1      Sec. 15.  Minnesota Statutes 2002, section 201.15, as 
138.2   amended by Laws 2003, chapter 12, article 2, section 3, is 
138.3   amended to read: 
138.4      201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
138.5   COMMITMENTS.] 
138.6      Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
138.7   to the Help America Vote Act of 2002, Public Law 107-252, the 
138.8   state court administrator shall report monthly to the secretary 
138.9   of state the name, address, and date of birth of each individual 
138.10  18 years of age or over, who during the month preceding the date 
138.11  of the report:  
138.12     (a) was placed under a guardianship of the person in which 
138.13  the court order provides that the ward does not retain the right 
138.14  to vote; or 
138.15     (b) was adjudged legally incompetent. 
138.16     The court administrator shall also report the same 
138.17  information for each individual transferred to the jurisdiction 
138.18  of the court who meets a condition specified in clause (a) or 
138.19  (b).  The secretary of state shall determine if any of the 
138.20  persons in the report is registered to vote and shall prepare a 
138.21  list of those registrants for the county auditor.  The secretary 
138.22  of state or the county auditor shall change the status on the 
138.23  record in the statewide registration system of any individual 
138.24  named in the report to indicate that the individual is not 
138.25  eligible to reregister register or vote, unless the voter is 
138.26  restored to capacity. 
138.27     Subd. 2.  [RESTORATION TO CAPACITY.] Pursuant to the Help 
138.28  America Vote Act of 2002, Public Law 107-252, the state court 
138.29  administrator shall report monthly to the secretary of state the 
138.30  name, address, and date of birth of each individual transferred 
138.31  from guardianship to conservatorship or who is restored to 
138.32  capacity by the court after being ineligible to vote for any of 
138.33  the reasons specified in subdivision 1.  The secretary of state 
138.34  shall determine if any of the persons in the report is 
138.35  registered to vote and shall prepare a list of those registrants 
138.36  for the county auditor.  The secretary of state or the county 
139.1   auditor shall change the status on the voter's record in the 
139.2   statewide registration system to "active."  
139.3      Sec. 16.  Minnesota Statutes 2002, section 201.161, is 
139.4   amended to read: 
139.5      201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
139.6   APPLICATIONS.] 
139.7      The Department of Public Safety shall change its 
139.8   applications for an original, duplicate, or change of address 
139.9   driver's license or identification card so that the forms may 
139.10  also serve as voter registration cards applications.  The forms 
139.11  must contain spaces for the information required in section 
139.12  201.071, subdivision 1, and applicable rules of the secretary of 
139.13  state.  Applicants for driver's licenses or identification cards 
139.14  must be asked if they want to register to vote at the same 
139.15  time.  A copy of each application containing a completed voter 
139.16  registration must be sent to the county auditor of the county in 
139.17  which the voter maintains residence or to the secretary of state 
139.18  as soon as possible.  The computerized driver's license record 
139.19  information relating to name, address, date of birth, driver's 
139.20  license number, county, town, and city must be made available 
139.21  for access by the secretary of state and interaction with the 
139.22  statewide voter registration system.  
139.23     Sec. 17.  Minnesota Statutes 2002, section 201.211, is 
139.24  amended to read: 
139.25     201.211 [COSTS.] 
139.26     The office required to perform the functions and duties of 
139.27  this chapter shall bear the costs incurred.  If these functions 
139.28  and duties are delegated to another office, that office shall 
139.29  bear the costs.  The secretary of state shall pay the costs of 
139.30  operating and maintaining the statewide registration system.  
139.31  The secretary of state shall also pay the costs of preparing 
139.32  polling place rosters and master lists printed by the secretary 
139.33  of state from the money appropriated for this purpose. 
139.34     Sec. 18.  [201.1215] [VERIFICATION; DISCREPANCIES.] 
139.35     All applications for new voter registrations in the state 
139.36  shall be verified pursuant to section 201.1615.  A registration 
140.1   record shall also be verified when a registered voter changes or 
140.2   adds a Minnesota driver's license number, Minnesota state 
140.3   identification number, or the last four digits of the Social 
140.4   Security number on the voter's registration record, or when the 
140.5   voter changes name, address, or date of birth information. 
140.6      If, after matching the information in the statewide voter 
140.7   registration system with the information contained in the 
140.8   Department of Public Safety database, the accuracy of the 
140.9   information on the voter registration application cannot be 
140.10  verified, the county auditor shall investigate and attempt to 
140.11  resolve the discrepancy.  If the discrepancy cannot be resolved, 
140.12  the county auditor must challenge the voter in the statewide 
140.13  voter registration system and may refer the matter to the county 
140.14  attorney.  
140.15     If during the verification process the Department of Public 
140.16  Safety provides information that indicates that the voter is not 
140.17  a citizen of the United States, the county auditor shall 
140.18  challenge the voter in the statewide voter registration system 
140.19  and refer the matter to the county attorney. 
140.20     Sec. 19.  Minnesota Statutes 2002, section 201.071, is 
140.21  amended by adding a subdivision to read: 
140.22     Subd. 3a.  [NOTIFICATION OF DEFICIENT REGISTRATION.] If a 
140.23  person attempts to register prior to election day and the county 
140.24  auditor determines that the registration is deficient, the 
140.25  auditor shall notify the person attempting to register that the 
140.26  registration was not correctly completed.  The auditor shall 
140.27  attempt to obtain the needed information by mail, electronic 
140.28  mail, or telephone.  Except for registrations that are deficient 
140.29  under section 201.071, subdivision 4a, if the auditor cannot 
140.30  obtain the needed information, the registration is deficient and 
140.31  the registration application must not be filed and must be 
140.32  maintained separately for 22 months.  The applicant shall be 
140.33  allowed to vote only after correctly completing a registration 
140.34  application.  If an application is deficient under section 
140.35  201.071, subdivision 4a, the application must be filed with the 
140.36  list of registered voters with a notation on the record that the 
141.1   voter must complete the registration as required by section 
141.2   201.061 in order to vote. 
141.3      If the auditor notifies a person of an incorrectly 
141.4   completed registration, the auditor shall also notify the 
141.5   applicant of the dates on which registrations cannot be accepted 
141.6   for an election and of the procedures for election day 
141.7   registration.  In the notice to the applicant, the auditor shall 
141.8   explain that a correctly completed registration received by the 
141.9   auditor during the period when registrations cannot be accepted 
141.10  for the upcoming election will make the applicant registered to 
141.11  vote on the day after the upcoming election.  
141.12     If an auditor receives a faulty or deficient registration 
141.13  during the period when registrations cannot be accepted for an 
141.14  election, the auditor shall notify the applicant that the 
141.15  applicant must register at the polling place of the precinct in 
141.16  which the applicant resides on election day to vote at the 
141.17  election.  In the notice to the applicant, the auditor shall 
141.18  explain that a correctly completed registration received by the 
141.19  auditor during the period when registrations cannot be accepted 
141.20  for the upcoming election will make the applicant registered to 
141.21  vote on the day after the upcoming election. 
141.22     Sec. 20.  [201.157] [NOTICE OF CHALLENGE REMOVAL.] 
141.23     The county auditor shall mail a notice indicating the 
141.24  individual's name, address, precinct, and polling place to any 
141.25  registered voter whose civil rights have been restored after a 
141.26  felony conviction; who has been removed from under a 
141.27  guardianship under which the person did not retain the right to 
141.28  vote; or who has been restored to capacity by the court after 
141.29  being ineligible to vote.  The notice must require that it be 
141.30  returned if not deliverable. 
141.31     Sec. 21.  [201.075] [CHANGE OF RESIDENCE.] 
141.32     An individual who has previously registered to vote in 
141.33  Minnesota who changes residence must be permitted to vote only 
141.34  after updating the registration by completing a registration 
141.35  application stating the individual's new residence. 
141.36     Sec. 22.  [201.076] [PROCESSING OF NATIONAL VOTER 
142.1   REGISTRATION ACT APPLICATIONS.] 
142.2      All county auditors shall accept voter registration 
142.3   applications on forms prescribed by the Federal Election 
142.4   Commission as provided by the National Voter Registration Act if 
142.5   the application is from a person eligible to vote in Minnesota, 
142.6   and includes whether the voter is a United States citizen and 
142.7   will be 18 years old on or before election day, the registrant's 
142.8   name, address in Minnesota, previous address, if any, date of 
142.9   birth, current and valid Minnesota driver's license or Minnesota 
142.10  state identification card, or if the voter has no current and 
142.11  valid Minnesota driver's license or Minnesota state 
142.12  identification card, the last four digits of the voter's Social 
142.13  Security number, registrant's signature, and the date of 
142.14  registration.  The application must be processed and stored by 
142.15  the county auditor in the same manner as a Minnesota voter 
142.16  registration application. 
142.17     Sec. 23.  Minnesota Statutes 2002, section 201.221, 
142.18  subdivision 3, is amended to read: 
142.19     Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
142.20  secretary of state shall prescribe the form of polling place 
142.21  rosters that include the voter's name, address, date of birth, 
142.22  school district number, and space for the voter's signature, and 
142.23  any other information prescribed by the secretary of state 
142.24  necessary to permit election judges to perform duties required 
142.25  by law.  The polling place roster must be used to indicate 
142.26  whether the voter has voted in a given election.  The secretary 
142.27  of state shall prescribe procedures for transporting the polling 
142.28  place rosters to the election judges for use on election day.  
142.29  The secretary of state shall prescribe the form for a county or 
142.30  municipality to request the date of birth from currently 
142.31  registered voters.  The county or municipality shall not request 
142.32  the date of birth from currently registered voters by any 
142.33  communication other than the prescribed form and the form must 
142.34  clearly indicate that a currently registered voter does not lose 
142.35  registration status by failing to provide the date of birth.  In 
142.36  accordance with section 204B.40, the county auditor shall retain 
143.1   the prescribed polling place rosters used on the date of 
143.2   election for one year 22 months following the election.  If a 
143.3   voter's registration has been challenged pursuant to section 
143.4   201.121, subdivision 2, an indicator noting the voter's 
143.5   challenged status must be printed on the line provided for the 
143.6   voter's signature.  A similar indicator must be printed on the 
143.7   line provided for the voter's signature to note a voter's 
143.8   guardianship or felony status, if any.  If a voter's 
143.9   registration is deficient under section 201.071, subdivision 4a, 
143.10  an indicator must be printed on the line provided for the 
143.11  voter's signature to note the voter's status. 
143.12     If a voter's name is withheld from public information lists 
143.13  pursuant to section 201.091, subdivision 4, the secretary of 
143.14  state may withhold the address of the voter from the line 
143.15  provided for the voter's signature.  In this case, the auditor 
143.16  shall verify the voter's address following the election using 
143.17  the procedures in section 201.12. 
143.18     The following certification must be printed at the top of 
143.19  each page of the polling place roster:  "I certify that I am at 
143.20  least 18 years of age and a citizen of the United States; that I 
143.21  maintain residence at the address shown and have resided in 
143.22  Minnesota for 20 days immediately preceding this election; that 
143.23  I am not under guardianship of the person, have not been found 
143.24  by a court to be legally incompetent to vote, and have not been 
143.25  convicted of a felony without having my civil rights restored; 
143.26  and that I am registered and will be voting only in this 
143.27  precinct.  I understand that deliberately providing false 
143.28  information is a felony punishable by not more than five years 
143.29  imprisonment and a fine of not more than $10,000, or both." 
143.30     One or more pages in the polling place roster must be 
143.31  provided for use by voters who register to vote in the polling 
143.32  place on election day.  An election day registrant must fill in 
143.33  the registrant's name, address, and date of birth and sign the 
143.34  roster on the line provided. 
143.35     Each page in the polling place roster must also contain the 
143.36  name of the precinct and a page number.  In addition, each line 
144.1   provided for a voter's signature must be consecutively numbered, 
144.2   beginning with the number 1 on each page. 
144.3      The secretary of state shall identify and develop methods 
144.4   of producing polling place rosters.  The secretary of state 
144.5   shall provide polling place rosters for each election in the 
144.6   state.  The roster may be provided to the county auditor on 
144.7   paper, computer tape, or another electronic medium. 
144.8      Sec. 24.  Minnesota Statutes 2002, section 203B.02, is 
144.9   amended by adding a subdivision to read: 
144.10     Subd. 4.  [PRESIDENTIAL BALLOT.] A person who is qualified 
144.11  under United States Code, title 42, section 1973aa-1, to vote 
144.12  for the offices of president and vice-president or for electors 
144.13  for president and vice-president may vote by absentee ballot or 
144.14  in person at the auditor's office in the county where the person 
144.15  formerly resided. 
144.16     The following persons are qualified:  a voter who will be 
144.17  at least 18 years old on election day, is a citizen of the 
144.18  United States, and is not under court-ordered guardianship of 
144.19  the person without retaining the right to vote, has not been 
144.20  found by a court to be legally incompetent to vote, has not been 
144.21  convicted of a felony without having civil rights restored, and 
144.22  has previously lived in Minnesota and has moved from Minnesota 
144.23  to another state within 30 days of a presidential election and 
144.24  is not eligible to vote in the state in which the voter now 
144.25  resides, may apply for an absentee ballot that contains only the 
144.26  offices of president and vice-president in accordance with the 
144.27  requirements of United States Code, title 42, section 1973aa-1. 
144.28     Sec. 25.  Minnesota Statutes 2002, section 203B.04, 
144.29  subdivision 1, is amended to read: 
144.30     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
144.31  otherwise allowed by subdivision 2, an application for absentee 
144.32  ballots for any election may be submitted at any time not less 
144.33  than one day before the day of that election.  The county 
144.34  auditor shall prepare absentee ballot application forms in the 
144.35  format provided in the rules of by the secretary of state and 
144.36  shall furnish them to any person on request.  By January 1 of 
145.1   each even-numbered year, the secretary of state shall make 
145.2   example forms available to auditors through electronic means.  
145.3   An application submitted pursuant to this subdivision shall be 
145.4   in writing and shall be submitted to:  
145.5      (a) the county auditor of the county where the applicant 
145.6   maintains residence; or 
145.7      (b) the municipal clerk of the municipality, or school 
145.8   district if applicable, where the applicant maintains residence. 
145.9      An application shall be approved if it is timely received, 
145.10  signed and dated by the applicant, contains the applicant's name 
145.11  and residence and mailing addresses, and states that the 
145.12  applicant is eligible to vote by absentee ballot for one of the 
145.13  reasons specified in section 203B.02.  The application may 
145.14  contain a request for the voter's date of birth, which must not 
145.15  be made available for public inspection.  An application may be 
145.16  submitted to the county auditor or municipal clerk by an 
145.17  electronic facsimile device or other electronically transmitted 
145.18  image.  An application mailed or returned in person to the 
145.19  county auditor or municipal clerk on behalf of a voter by a 
145.20  person other than the voter must be deposited in the mail or 
145.21  returned in person to the county auditor or municipal clerk 
145.22  within ten days after it has been dated by the voter and no 
145.23  later than six days before the election.  The absentee ballot 
145.24  applications or a list of persons applying for an absentee 
145.25  ballot may not be made available for public inspection until the 
145.26  close of voting on election day.  
145.27     An application under this subdivision may contain an 
145.28  application under subdivision 5 to automatically receive an 
145.29  absentee ballot application. 
145.30     If an application cannot be approved because it is missing 
145.31  information, the auditor or clerk must attempt to obtain the 
145.32  information by mail, electronic mail, or telephone.  If the 
145.33  missing information cannot be obtained, or if for any other 
145.34  reason the application cannot be approved, the auditor or clerk 
145.35  must notify the voter in writing of the reason for the rejection 
145.36  and must make a reasonable attempt to send a new application. 
146.1      Sec. 26.  Minnesota Statutes 2002, section 203B.04, 
146.2   subdivision 4, is amended to read: 
146.3      Subd. 4.  [ALTERNATE FORM OF REGISTRATION AT TIME OF 
146.4   APPLICATION.] An eligible voter who is not registered to vote 
146.5   but who is otherwise eligible to vote by absentee ballot may 
146.6   register by including a completed voter registration 
146.7   card application with the absentee ballot.  The individual shall 
146.8   present proof of residence as required by section 201.061, 
146.9   subdivision 3, to the individual who witnesses the marking of 
146.10  the absentee ballots.  
146.11     Sec. 27.  Minnesota Statutes 2002, section 203B.04, 
146.12  subdivision 5, is amended to read: 
146.13     Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] (a) An 
146.14  eligible voter who reasonably expects to be permanently unable 
146.15  to go to the polling place on election day because of illness or 
146.16  disability may apply to a county auditor or municipal clerk 
146.17  under this section to automatically receive an absentee ballot 
146.18  application before each election, other than an election by mail 
146.19  conducted under section 204B.45, and to have the status as a 
146.20  permanent absentee voter indicated on the voter's registration 
146.21  record.  Voters covered by this subdivision are exempt from 
146.22  mail-in requirements in section 201.061, subdivision 1a.  
146.23     (b) The secretary of state shall adopt rules governing 
146.24  procedures under this subdivision. 
146.25     Sec. 28.  Minnesota Statutes 2002, section 203B.04, is 
146.26  amended by adding a subdivision to read: 
146.27     Subd. 6.  [PERMANENT APPLICATION.] An eligible voter who 
146.28  meets the requirements in subdivision 5 may apply to the county 
146.29  auditor or municipal clerk to automatically receive an absentee 
146.30  ballot application for each election in which the voter is 
146.31  eligible to vote.  The county auditor shall make available the 
146.32  form provided in subdivision 5 for this purpose.  The voter 
146.33  shall complete the form and return it to the county auditor or 
146.34  municipal clerk.  A municipal clerk who receives a completed 
146.35  application shall immediately forward it to the county auditor.  
146.36  The voter's permanent application status must be indicated and 
147.1   permanently maintained on the voter's registration record on the 
147.2   statewide voter registration system. 
147.3      The county auditor shall maintain a list of voters who have 
147.4   applied to automatically receive an absentee ballot 
147.5   application.  At least 45 days before each election, the county 
147.6   auditor or municipal clerk shall send an absentee ballot 
147.7   application to each person on the list who is eligible to vote 
147.8   in the election. 
147.9      Sec. 29.  [203B.041] [APPLICATION FORM; INSTRUCTIONS.] 
147.10     Subdivision 1.  [ALTERNATIVE REQUIREMENTS.] (a) Absentee 
147.11  ballot applications prepared under sections 203B.06, subdivision 
147.12  1, and 203B.17, subdivision 2, must be in the form prescribed by 
147.13  the secretary of state.  The secretary of state shall make the 
147.14  forms available by January 1 of even-numbered years by 
147.15  electronic means. 
147.16     (b) An absentee ballot application prepared under section 
147.17  203B.06, subdivision 1, must include spaces for the following 
147.18  information:  the elections for which the absentee ballot is 
147.19  requested; the reason under section 203B.02, subdivision 1, for 
147.20  requesting the ballot; the voter's name, date of birth, 
147.21  Minnesota driver's license number or Minnesota state 
147.22  identification number, resident address in the county, telephone 
147.23  number, electronic mail address, and address to which the 
147.24  ballots are to be mailed; the date of the request; the voter's 
147.25  signature; and instructions to the voter on completing the form 
147.26  and returning the application as soon as possible. 
147.27     (c) An absentee ballot application prepared under section 
147.28  203B.17, subdivision 2, must include spaces for the following 
147.29  information:  the voter's name, date of birth, and address of 
147.30  present or former residence in Minnesota; a statement and boxes 
147.31  a voter must check to indicate that the voter is a member of the 
147.32  armed forces, a spouse or dependent of a member of the armed 
147.33  forces, temporarily outside the United States, or permanently 
147.34  living outside the United States; a statement that the voter 
147.35  expects to be absent from the voter's precinct at the time of 
147.36  the election; the address to which the absentee ballot is to be 
148.1   mailed; the voter's signature or the signature and relationship 
148.2   of the individual authorized to apply on the voter's behalf; the 
148.3   voter's telephone number, electronic mail address, and military 
148.4   number or passport number; and a signature line and title for 
148.5   the authorized witness under section 203B.17, subdivision 2, 
148.6   paragraph (f).  The form must include instructions to the voter 
148.7   on completing the form and on who may complete the form on the 
148.8   voter's behalf.  The form must include instructions that the 
148.9   application may be dropped off, mailed, sent by facsimile, or 
148.10  submitted by electronic image.  The form must include 
148.11  instructions to return the application as soon as possible. 
148.12     (d) An absentee ballot application prepared under section 
148.13  203B.02, subdivision 4, must include a statement of eligibility 
148.14  in which the voter affirms that the voter will be at least 18 
148.15  years old on election day, is a citizen of the United States, 
148.16  and is not under court-ordered guardianship of the person 
148.17  without retaining the right to vote, has not been found by a 
148.18  court to be legally incompetent to vote, and has not been 
148.19  convicted of a felony without having civil rights restored, and 
148.20  has previously lived in Minnesota and has moved from Minnesota 
148.21  to another state within 30 days of a presidential election and 
148.22  is not eligible to vote in the state in which the voter now 
148.23  resides.  The form must include spaces for the voter's name, 
148.24  date of birth, former address in Minnesota, including city or 
148.25  town and county, electronic mail address, telephone number, the 
148.26  address to which the ballot should be mailed, the applicant's 
148.27  signature, and a statement that the information provided on the 
148.28  application is true and correct. 
148.29     Subd. 2.  [ABSENTEE BALLOT INSTRUCTIONS.] The following 
148.30  instructions must be sent with an absentee ballot application 
148.31  prepared pursuant to section 203B.06, subdivision 1: 
148.32                          "INSTRUCTIONS 
148.33     1.  To vote by absentee ballot 
148.34     * you must be an eligible voter, and 
148.35     * you must reside at the legal residence address you give 
148.36  on this application on election day. 
149.1   It is a felony to make a false statement in an application for 
149.2   an absentee ballot, to apply for an absentee ballot more than 
149.3   once in an election with the intent to cast an illegal ballot, 
149.4   to show a ballot marked by a person to another person, or to 
149.5   violate an absentee ballot provision for the purpose of casting 
149.6   an illegal vote or to help anyone to cast an illegal vote. 
149.7      2.  Check the appropriate box indicating why you cannot go 
149.8   to your polling place on election day; these are the only 
149.9   reasons that entitle you to vote by absentee ballot. 
149.10     3.  Give your correct legal residence address as completely 
149.11  as possible, since this is used to verify your precinct number. 
149.12     4.  Sign the application. 
149.13     5.  Return the completed application as soon as possible to 
149.14  the election official from whom you received it. 
149.15     Remember: 
149.16     - You must indicate whether you are requesting ballots for 
149.17  the primary or general election, or both. 
149.18     - Do not submit more than one application for each election.
149.19     - Your absentee ballots will be mailed or delivered to you 
149.20  as soon as they are available. 
149.21     - Ballots received by election officials after election day 
149.22  will not be counted." 
149.23     Subd. 3.  [POSTCARD APPLICATION.] The absentee ballot 
149.24  application may be printed as a postcard application or in any 
149.25  other manner considered appropriate by the secretary of state.  
149.26  If the application is printed as a postcard application, it must 
149.27  conform to United States Postal Service requirements. 
149.28     Subd. 4.  [PERMANENT APPLICATION FORM.] The permanent 
149.29  application form must be in the form prescribed by the secretary 
149.30  of state.  The secretary of state shall make the forms available 
149.31  by January 1 of even-numbered years by electronic means.  The 
149.32  form must include space for the following information:  the 
149.33  voter's name, residence address, address to which the ballot 
149.34  should be mailed, telephone number, electronic mail address, 
149.35  date of birth, and Minnesota driver's license number or 
149.36  Minnesota state identification number; and a certification of 
150.1   the voter that the voter reasonably expects to be permanently 
150.2   unable to vote in person at the polling place for the voter's 
150.3   precinct due to illness or disability.  The form must also 
150.4   include a statement that the voter requests an application for 
150.5   absentee ballots to be sent to the voter before each election in 
150.6   which the voter is eligible to vote. 
150.7      Subd. 5.  [AGENT DELIVERY APPLICATION.] An application for 
150.8   agent delivery may be combined in one document with an absentee 
150.9   ballot application. 
150.10     Sec. 30.  [203B.042] [APPLICATIONS FROM CHALLENGED VOTERS.] 
150.11     (a) A voter registration application must be sent with the 
150.12  ballot to any challenged voter who applies for an absentee 
150.13  ballot.  The absentee ballot process must be administered as if 
150.14  the voter was not registered to vote. 
150.15     (b) The following notice must accompany nonregistered 
150.16  absentee ballot materials: 
150.17     "IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING: 
150.18     Pursuant to Minnesota Statutes, chapter 201, the county 
150.19  auditor is required to "challenge" your voter registration, 
150.20  either because of a notification from the post office that you 
150.21  no longer live at the address listed on your voter registration 
150.22  or because of another question about your eligibility to vote. 
150.23     To remove the challenge so that your ballot can be counted, 
150.24  you must complete the enclosed Minnesota voter registration 
150.25  application.  Read the statement at the bottom of the 
150.26  registration application and sign the application only if all 
150.27  parts apply to you.  To complete the return envelope, follow the 
150.28  instructions provided." 
150.29     Sec. 31.  Minnesota Statutes 2002, section 203B.06, 
150.30  subdivision 4, is amended to read: 
150.31     Subd. 4.  [REGISTRATION CHECK.] Upon receipt of an 
150.32  application for ballots, the county auditor, municipal clerk, or 
150.33  election judge acting pursuant to section 203B.11, who receives 
150.34  the application shall determine whether the applicant is a 
150.35  registered voter.  If the applicant is not registered to vote, 
150.36  the county auditor, municipal clerk, or election judge shall 
151.1   include a voter registration card application among the election 
151.2   materials provided to the applicant.  If the county auditor, 
151.3   municipal clerk, or election judge determines that the voter's 
151.4   registration is deficient under section 201.061, subdivision 1a, 
151.5   the voter must be notified of the deficiency and a voter 
151.6   registration application must be included with the 
151.7   nonregistration absentee ballot materials.  The voter may 
151.8   register using nonregistration absentee procedures. 
151.9      Sec. 32.  Minnesota Statutes 2002, section 203B.06, 
151.10  subdivision 7, is amended to read: 
151.11     Subd. 7.  [SPECIAL POSTAL SERVICES.] If the federal 
151.12  government or any of its branches, departments, agencies or 
151.13  other instrumentalities makes any special service available for 
151.14  the mailing of absentee voting materials, any county auditor or 
151.15  municipal clerk may use the service.  A county auditor may use 
151.16  envelopes prepaid by applicants for express or similar delivery 
151.17  service. 
151.18     Sec. 33.  Minnesota Statutes 2002, section 203B.07, is 
151.19  amended to read: 
151.20     203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO 
151.21  VOTERS.] 
151.22     Subdivision 1.  [DELIVERY OF ENVELOPES, DIRECTIONS.] The 
151.23  county auditor or the municipal clerk shall prepare, print, and 
151.24  transmit a return envelope, a ballot envelope, and a copy of the 
151.25  directions for casting an absentee ballot to each applicant 
151.26  whose application for absentee ballots is accepted pursuant to 
151.27  section 203B.04.  The directions for casting an absentee ballot 
151.28  shall be printed in at least 14-point bold type with heavy 
151.29  leading and may be printed on the ballot envelope.  When a 
151.30  person requests the directions in Braille or on cassette tape, 
151.31  the county auditor or municipal clerk shall provide them in the 
151.32  form requested.  The secretary of state shall prepare Braille 
151.33  and cassette copies and make them available on request.  
151.34     When a voter registration card application is sent to the 
151.35  applicant as provided in section 203B.06, subdivision 4, the 
151.36  directions or registration card shall application must include 
152.1   instructions for registering to vote.  County auditors and other 
152.2   persons administering the absentee process in jurisdictions 
152.3   whose boundaries include any part of an Indian reservation must, 
152.4   when responding to a request that is made from an address within 
152.5   the Indian reservation, also include information on the use of 
152.6   tribal information valid for proving residence within that 
152.7   jurisdiction for voting purposes. 
152.8      Instances of deficient registrations are covered by section 
152.9   203B.06, subdivision 4. 
152.10     Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope 
152.11  shall must be of sufficient size to conveniently enclose and 
152.12  contain the ballot envelope and a voter registration 
152.13  card application folded along its perforations.  The return 
152.14  envelope shall be designed to open on the left hand end.  A 
152.15  certificate of eligibility to vote by absentee ballot shall be 
152.16  printed on the right hand three-fourths of the back of the 
152.17  envelope.  The certificate shall contain a statement to be 
152.18  signed and sworn by the voter indicating that the voter meets 
152.19  all of the requirements established by law for voting by 
152.20  absentee ballot.  The certificate shall also contain a statement 
152.21  signed by a person who is registered to vote in Minnesota or by 
152.22  a notary public or other individual authorized to administer 
152.23  oaths stating that:  
152.24     (a) (1) the ballots were displayed to that individual 
152.25  unmarked; 
152.26     (b) (2) the voter marked the ballots in that individual's 
152.27  presence without showing how they were marked, or, if the voter 
152.28  was physically unable to mark them, that the voter directed 
152.29  another individual to mark them; and 
152.30     (c) (3) if the voter was not previously registered, the 
152.31  voter has provided proof of residence as required by section 
152.32  201.061, subdivision 3.  
152.33     The county auditor or municipal clerk shall affix first 
152.34  class postage to the return envelopes.  
152.35     Sec. 34.  [203B.071] [INSTRUCTIONS TO ABSENTEE VOTER.] 
152.36     Subdivision 1.  [REQUIRED INSTRUCTIONS.] Instructions to 
153.1   the absentee voter must be enclosed with the absentee ballot 
153.2   materials mailed or delivered to the absent voter.  The 
153.3   instructions must be in the form provided in subdivision 2, 3, 
153.4   or 6.  The instructions may include a telephone number or 
153.5   electronic mail address that voters can call or write to for 
153.6   help in absentee voting.  In election jurisdictions using 
153.7   electronic voting systems, the instructions must explain how to 
153.8   correctly mark and fold the electronic voting system ballots.  
153.9   The instructions must inform the voter of the effect of casting 
153.10  multiple votes for an office and, in the case of a partisan 
153.11  primary, the effect of voting for candidates of more than one 
153.12  party.  The instructions must include information on how to 
153.13  correct a ballot before it is cast and counted, including 
153.14  instructions on how to request a replacement ballot if the voter 
153.15  is unable to change the ballot or correct an error. 
153.16     Subd. 2.  [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT 
153.17  REGISTRATIONS.] The following instructions must be sent to 
153.18  unregistered absentee voters and to voters whose registrations 
153.19  are deficient under section 201.071, subdivision 4a: 
153.20             "INSTRUCTIONS TO ABSENTEE VOTERS, VOTERS 
153.21          WHO ARE CURRENTLY NOT REGISTERED IN MINNESOTA, 
153.22             VOTERS WHOSE REGISTRATIONS HAVE BEEN DULY 
153.23           CHALLENGED, AND VOTERS WHO REGISTERED BY MAIL 
153.24         AND HAVE NOT COMPLETED REGISTRATION REQUIREMENTS 
153.25               Follow these instructions carefully. 
153.26     Before you vote by absentee ballot you must have a witness. 
153.27     Step 1.  Locate one of the following individuals to serve 
153.28  as your witness: 
153.29     a.  anyone who is registered to vote in Minnesota including 
153.30  your spouse or another relative who meets this qualification; 
153.31     b.  a notary public; or 
153.32     c.  any person having authority to administer oaths. 
153.33     Step 2.  Fill out the voter registration application.  
153.34  Remember to sign your name at the bottom of the application. 
153.35     Step 3.  Show your witness your proof of residence in the 
153.36  precinct.  One of the following documents may be used as proof 
153.37  of residence: 
153.38     a.  a valid Minnesota driver's license, permit, or 
154.1   identification card, or a receipt for any of these forms, that 
154.2   contains your current address; 
154.3      b.  one document from the list in (i) and one document from 
154.4   the list in (ii): 
154.5      (i) an original bill in your name for gas, electric, 
154.6   telephone, cable television, solid waste, water, or sewer 
154.7   services showing your current address and due up to 30 days 
154.8   before or after election day; and 
154.9      (ii) your Minnesota driver's license or identification 
154.10  card, United States passport, United States military 
154.11  identification card with your photograph, or Minnesota 
154.12  postsecondary student identification card with your photograph; 
154.13     c.  the signature of a registered voter who lives in your 
154.14  precinct; if your witness is registered to vote in your 
154.15  precinct, your witness may also vouch for you; 
154.16     d.  a student identification card, registration card, or 
154.17  fee statement that contains the student's current address in the 
154.18  precinct; or 
154.19     e.  a current valid registration in the same precinct. 
154.20     Step 4.  Show your witness the unmarked ballots. 
154.21     Step 5.  Mark the ballots in secrecy.  If you are disabled 
154.22  or otherwise unable to mark the ballots, you may ask your 
154.23  witness to assist you.  Mark your votes in the manner shown or 
154.24  explained at the top of the ballots.  Follow the instructions 
154.25  under each office that tell you how many votes can be cast and 
154.26  do not cast more votes than instructed.  Casting more votes than 
154.27  instructed for an office will prevent your votes from being 
154.28  counted for that office. 
154.29     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
154.30  on the ballot.  If you are voting in a partisan primary, you may 
154.31  only vote for candidates of one party.  Voting for candidates in 
154.32  more than one party will prevent your partisan ballot from being 
154.33  counted. 
154.34     If you make an error when marking your ballot, you may 
154.35  request a new ballot from the election official from whom you 
154.36  received your ballot.  If you cannot request a new ballot for 
155.1   any reason, completely erase any errors and remark your ballot. 
155.2      Step 6.  Fold each ballot.  Do not put any identifying 
155.3   marks on the ballot. 
155.4      Step 7.  Place all voted ballots in the tan ballot envelope 
155.5   and seal the envelope.  Do not write on the ballot envelope. 
155.6      Step 8.  Place the tan secrecy envelope and your completed 
155.7   voter registration application into the white ballot return 
155.8   envelope and seal the envelope.  
155.9      Step 9.  Print your name and address and sign your name on 
155.10  the back of the white ballot return envelope.  The name, 
155.11  address, and signature of your witness are required as well. 
155.12     Step 10.  Return your ballot to the address on the white 
155.13  ballot return envelope in one of the following ways: 
155.14     a.  by mail so it will be delivered by election day; 
155.15     b.  in person no later than 5:00 p.m. on the day before 
155.16  election day; or 
155.17     c.  by having someone else return your ballot by 3:00 p.m. 
155.18  on election day (this person cannot be a candidate and cannot 
155.19  return ballots for more than three voters). 
155.20  <b>Note:</b>  Follow these instructions carefully.  An improperly 
155.21  completed ballot, or statement of voter or witness, will 
155.22  invalidate your votes.  If you have any questions, please call 
155.23  ........... ." 
155.24     Subd. 3.  [INSTRUCTIONS FOR REGISTERED VOTERS.] The 
155.25  following instructions must be sent to registered absentee 
155.26  voters: 
155.27                 "INSTRUCTIONS TO ABSENTEE VOTERS
155.28               Follow these instructions carefully. 
155.29     Before you vote by absentee ballot you must have a witness. 
155.30     Step 1.  Locate one of the following individuals to serve 
155.31  as your witness: 
155.32     a.  anyone who is registered to vote in Minnesota including 
155.33  your spouse or another relative who meets this qualification; 
155.34     b.  a notary public; or 
155.35     c.  any person having authority to administer oaths. 
155.36     Step 2.  Show your witness the unmarked ballots. 
156.1      Step 3.  Mark the ballots in secrecy.  If you are disabled 
156.2   or otherwise unable to mark the ballots, you may ask your 
156.3   witness to assist you.  Mark your votes in the manner shown or 
156.4   explained at the top of the ballots.  Follow the instructions 
156.5   under each office that tell you how many votes can be cast and 
156.6   do not cast more votes than instructed.  Casting more votes than 
156.7   instructed for an office will prevent your votes from being 
156.8   counted for that office. 
156.9      FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
156.10  on the ballot.  If you are voting in a partisan primary, you may 
156.11  only vote for candidates of one party.  Voting for candidates in 
156.12  more than one party will prevent your partisan ballot from being 
156.13  counted. 
156.14     If you make an error when marking your ballot, you may 
156.15  request a new ballot from the election official from whom you 
156.16  received your ballot.  If you cannot request a new ballot for 
156.17  any reason, completely erase any errors and remark your ballot. 
156.18     Step 4.  Fold each ballot.  Do not put any identifying 
156.19  marks on the ballot. 
156.20     Step 5.  Place all voted ballots in the tan ballot secrecy 
156.21  envelope and seal the envelope.  Do not write on the ballot 
156.22  envelope. 
156.23     Step 6.  Place the tan ballot secrecy envelope into the 
156.24  white ballot return envelope and seal the envelope.  
156.25     Step 7.  Print your name and address and sign your name on 
156.26  the back of the white ballot return envelope.  The name, 
156.27  address, and signature of your witness are required as well. 
156.28     Step 8.  Return your ballot to the address on the white 
156.29  ballot return envelope in one of the following ways: 
156.30     a.  by mail so it will be delivered by election day; 
156.31     b.  in person no later than 5:00 p.m. on the day before 
156.32  election day; or 
156.33     c.  by having someone else return your ballot by 3:00 p.m. 
156.34  on election day (this person cannot be a candidate and cannot 
156.35  return ballots for more than three voters). 
156.36  <b>Note:</b>  Follow these instructions carefully.  An improperly 
157.1   completed ballot, or statement of voter or witness, will 
157.2   invalidate your votes.  If you have any questions, please call 
157.3   ..........." 
157.4      Subd. 4.  [PRESIDENTIAL BALLOT RETURN ENVELOPE.] The 
157.5   secretary of state must provide the form of the presidential 
157.6   ballot return envelope by January 1 of every even-numbered year 
157.7   to the county auditor through electronic means.  The form of the 
157.8   affidavit on the back of the envelope must include spaces for 
157.9   the following information:  the voter's name, former address in 
157.10  Minnesota, including city or town and county, a statement of 
157.11  eligibility, the voter's signature, and the date.  The statement 
157.12  of eligibility must be an affirmation that the voter will be at 
157.13  least 18 years old on election day, is a citizen of the United 
157.14  States, and is not under court-ordered guardianship of the 
157.15  person without retaining the right to vote, has not been found 
157.16  by a court to be legally incompetent to vote, and has not been 
157.17  convicted of a felony without having civil rights restored, or 
157.18  has previously lived in Minnesota and has moved from Minnesota 
157.19  to another state within 30 days of a presidential election and 
157.20  is not eligible to vote in the state in which the voter now 
157.21  resides. 
157.22     Sec. 35.  [203B.072] [STATEMENT OF ABSENTEE VOTER.] 
157.23     Subdivision 1.  [FORM.] Except as provided in subdivision 
157.24  4, the statement of absentee voter for persons voting under 
157.25  sections 203B.04 to 203B.15 must be as follows: 
157.26                    "TO BE COMPLETED BY VOTER 
157.27   VOTER'S NAME (PLEASE PRINT) 
157.28   ______________________________________________
157.29   VOTER'S ADDRESS (PLEASE PRINT) 
157.30   ______________________________________________
157.31  I certify that on election day I will meet all the legal 
157.32  requirements to vote by absentee ballot. 
157.33   VOTER'S SIGNATURE              DATE 
157.34   _________________              ______
157.35                    TO BE COMPLETED BY WITNESS 
157.36  I certify that the voter 
158.1      * showed me the blank ballots before voting; 
158.2      * marked the ballots in secrecy or, if physically unable to 
158.3   mark the ballots, the ballots were marked as directed by the 
158.4   voter; 
158.5      * enclosed and sealed the ballots in the secrecy envelope; 
158.6      * registered to vote by filling out and enclosing a voter 
158.7   registration application in the ballot envelope; and 
158.8      * provided proof of residence as indicated below. 
158.9    NAME OF WITNESS (PLEASE PRINT) 
158.10   __________________________________________
158.11   ADDRESS OF WITNESS (PLEASE PRINT) 
158.12   __________________________________________
158.13   SIGNATURE OF WITNESS            DATE 
158.14   _______________________         __________
158.15   TITLE OF WITNESS (IF AN OFFICIAL) 
158.16   _________________________________ 
158.17                 PROOF OF RESIDENCE USED BY VOTER 
158.18   <b>Witness - please check one:</b> 
158.19     ( ) MN Driver's License/Permit/ID Card or receipt with 
158.20  current address. 
158.21   Number:  ______________________ 
158.22     ( ) Utility bill plus a MN Driver's License/ID Card, U.S. 
158.23  passport, U.S. military ID card with picture, or student ID card 
158.24  with picture. 
158.25   Number:  ______________________ 
158.26     ( ) Previous registration in the same precinct. 
158.27     ( ) Student ID Number:  ________________________ 
158.28     ( ) Notice of Late Registration from county auditor or 
158.29  municipal clerk. 
158.30     ( ) Registered voter in the precinct who vouched for 
158.31  absentee voter's residence in the precinct. 
158.32     (Please complete the next three lines.) 
158.33   VOUCHER'S NAME (PLEASE PRINT) 
158.34   __________________________________________
158.35   VOUCHER'S ADDRESS (PLEASE PRINT) 
158.36   __________________________________________
159.1    VOUCHER'S SIGNATURE               
159.2    _________________________________"
159.3      Subd. 2.  [FIRST TWO LINES.] The county auditor or 
159.4   municipal clerk may complete the first two lines of a statement 
159.5   of absentee voter form before mailing it to the absent voter by 
159.6   printing the name and address of the absent voter or by 
159.7   attaching a mailing label. 
159.8      Subd. 3.  [PRINTING SPECIFICATIONS.] The statement must be 
159.9   printed on the right-hand three-fourths of the back of the 
159.10  absentee ballot return envelope.  The words "TO BE COMPLETED BY 
159.11  VOTER" must be printed in no smaller than 12-point type in 
159.12  capital letters.  The remainder of the statement must be printed 
159.13  in no smaller than 8-point medium type. 
159.14     Subd. 4.  [ALTERNATIVE STATEMENT.] As an alternative, a 
159.15  county auditor may print two different versions of the 
159.16  statement.  One version must be provided to absentee voters not 
159.17  previously registered to vote and must be printed as prescribed 
159.18  in subdivision 1.  An alternate version may be printed in the 
159.19  form shown in subdivision 5 and must be provided only to 
159.20  absentee voters who are registered to vote at the time of 
159.21  application.  The statement must be printed according to the 
159.22  specifications in subdivision 3. 
159.23     Subd. 5.  [ALTERNATIVE STATEMENT OF ABSENTEE VOTER 
159.24  FORM.] The alternative statement of absentee voter form must be 
159.25  as follows: 
159.26                    "TO BE COMPLETED BY VOTER 
159.27   VOTER'S NAME (PLEASE PRINT) 
159.28   ______________________________________________
159.29   VOTER'S ADDRESS (PLEASE PRINT) 
159.30   ______________________________________________
159.31  I certify that on election day I will meet all the legal 
159.32  requirements to vote by absentee ballot. 
159.33   VOTER'S SIGNATURE               DATE 
159.34   __________________              _____
159.35                    TO BE COMPLETED BY WITNESS 
160.1   I certify that the voter 
160.2      * showed me the blank ballots before voting; 
160.3      * marked the ballots in secrecy or, if physically unable to 
160.4   mark the ballots, the ballots were marked as directed by the 
160.5   voter; 
160.6      * enclosed and sealed the ballots in the secrecy envelope. 
160.7    NAME OF WITNESS (PLEASE PRINT) 
160.8    __________________________________________
160.9    ADDRESS OF WITNESS (PLEASE PRINT) 
160.10   __________________________________________
160.11   SIGNATURE OF WITNESS            DATE 
160.12   _______________________         __________
160.13   TITLE OF WITNESS (IF AN OFFICIAL) 
160.14   _________________________________"
160.15     Sec. 36.  [203B.211] [MILITARY AND OVERSEAS VOTERS.] 
160.16     The following instructions must be sent to military and 
160.17  overseas absentee voters voting under sections 203B.16 to 
160.18  203B.27: 
160.19                 "INSTRUCTIONS TO ABSENTEE VOTERS 
160.20     Follow these instructions carefully: 
160.21     Step 1.  Mark the ballots in secrecy.  Mark your votes in 
160.22  the manner shown or explained at the top of the ballots.  Follow 
160.23  the instructions under each office that tell you how many votes 
160.24  can be cast and do not cast more votes than instructed.  Casting 
160.25  more votes than instructed for an office will prevent your votes 
160.26  from being counted for that office. 
160.27     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
160.28  on the ballot.  If you are voting in a partisan primary, you may 
160.29  only vote for candidates of one party.  Voting for candidates in 
160.30  more than one party will prevent your partisan ballot from being 
160.31  counted. 
160.32     If you make an error when marking your ballot, you may 
160.33  erase any errors and remark your ballot or you may request a new 
160.34  ballot from the county auditor from whom you received your 
160.35  ballot.  If you are outside the United States and have not 
160.36  received your replacement ballot within a reasonable time so 
161.1   that you can mark your replacement ballot and return it by 
161.2   election day, use the federal write-in absentee ballot. 
161.3      If you are disabled or otherwise unable to mark the 
161.4   ballots, you may have someone assist you.  Do not permit any 
161.5   other individual to observe the marking of the ballot. 
161.6      Step 2.  Fold each ballot.  Do not put any identifying 
161.7   marks on the ballot. 
161.8      Step 3.  Place all completed ballots in the tan ballot 
161.9   secrecy envelope and seal the envelope.  Do not write on the tan 
161.10  ballot secrecy envelope.  Do not permit other individuals to see 
161.11  your ballot before sealing the ballot envelope. 
161.12     Step 4.  Place the tan ballot secrecy envelope into the 
161.13  white ballot return envelope and seal the envelope. 
161.14     Step 5.  Write your military identification number or 
161.15  passport number on the back of the white ballot return 
161.16  envelope.  If you cannot provide your military identification 
161.17  number or passport number on the return ballot envelope, you 
161.18  must have the signature and certification of a commissioned 
161.19  officer of the armed forces or any official authorized to 
161.20  administer oaths under federal law or the law of the state of 
161.21  Minnesota or other place where the oath is administered. 
161.22     Step 6.  Print your name and your present or last address 
161.23  in Minnesota.  Date and sign your name on the back of the white 
161.24  ballot return envelope. 
161.25     Step 7.  Return your ballot to the address on the white 
161.26  ballot return envelope by mail or expedited delivery service so 
161.27  it will be delivered by no later than election day. 
161.28     <b>Note:</b>  Follow these instructions carefully.  An improperly 
161.29  completed ballot or ballot envelope may invalidate your votes.  
161.30  If you have any questions, please call ..........." 
161.31     Sec. 37.  [203B.073] [ABSENTEE BALLOT ENVELOPE.] 
161.32     Subdivision 1.  [FORM.] The absentee ballot return envelope 
161.33  for persons casting an absentee ballot under sections 203B.04 to 
161.34  203B.15 must be printed according to the following 
161.35  specifications: 
161.36     (a) The envelope must be no smaller than 10-3/8 inches by 
162.1   4-1/2 inches. 
162.2      (b) The words and numbers printed on the left-hand side of 
162.3   the envelope must be in no smaller than 12-point bold type. 
162.4      (c) The words "ABSENTEE BALLOT RETURN ENVELOPE" printed 
162.5   across the face of the envelope must be in no smaller than 
162.6   18-point bold type in capital letters. 
162.7      (d) The envelope must be white in color with black ink. 
162.8      (e) The flap on one end of the back side of the envelope 
162.9   may be printed as follows: 
162.10                     "FOR OFFICE USE ONLY" 
162.11           ( ) ACCEPTED      ( ) REJECTED Reason:  .......
162.12     Subd. 2.  [MAILING ADDRESS.] (a) County auditors and 
162.13  municipal clerks must print a mailing address on each return 
162.14  envelope mailed or delivered to an absent voter.  The address 
162.15  block must be located in the lower right one-fourth of the 
162.16  envelope.  A return envelope may be addressed to the county 
162.17  auditor, municipal clerk, or election judges of the precinct in 
162.18  which the absent voter is eligible to vote. 
162.19     (b) If an auditor has the duty to address envelopes for a 
162.20  municipality and the envelopes are to be addressed to the 
162.21  election judges, the clerk shall notify the auditor of the 
162.22  proper mailing address of each polling place in the 
162.23  municipality.  The clerk shall immediately notify the auditor of 
162.24  every change in the initial notification. 
162.25     Subd. 3.  [WARD AND PRECINCT NUMBER.] The person mailing or 
162.26  delivering absentee ballots to an absent voter must, before 
162.27  doing so, fill in the absent voter's ward and precinct number in 
162.28  the spaces provided on the left-hand side of the return 
162.29  envelope, unless this information is contained on a label that 
162.30  has been affixed to the envelope. 
162.31     Subd. 4.  [RETURN ADDRESS.] A county auditor or municipal 
162.32  clerk may affix the return address to the upper left-hand corner 
162.33  of the return envelope. 
162.34     Subd. 5.  [MARKS OR LOGO APPROVED BY UNITED STATES POSTAL 
162.35  SERVICE.] Marks or a logo approved by the United States Postal 
162.36  Service to identify ballot materials as official election mail 
163.1   may be printed on the absentee ballot return envelope. 
163.2      Subd. 6.  [SAMPLE ENVELOPE LAYOUT.] The secretary of state 
163.3   shall provide samples of the layout of the front and back of the 
163.4   envelope. 
163.5      Sec. 38.  [203B.212] [MILITARY AND OVERSEAS VOTERS; 
163.6   ENVELOPE.] 
163.7      The absentee ballot return envelope for military and 
163.8   overseas voters must be printed according to paragraphs (a) to 
163.9   (i). 
163.10     (a) The envelope may not be more than 11-1/2 inches in 
163.11  length nor less than 5-1/2 inches in length. 
163.12     (b) The envelope may not be more than 6-1/8 inches in width 
163.13  nor less than 3-1/2 inches in width. 
163.14     (c) In the upper right-hand corner, a postage symbol and 
163.15  box must be imprinted: 
163.16                        "U.S. Postage Paid 
163.17                           39 USC 3406" 
163.18     (d) The words "PAR AVION" must be printed in 12-point bold 
163.19  type in capital letters one-half inch below the postage box. 
163.20     (e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL -- 
163.21  FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM 
163.22  E080" must be printed in 18-point bold type and inside a box. 
163.23     (f) The envelope must be white in color with black ink used 
163.24  for all printing. 
163.25     (g) County auditors or municipal clerks must address the 
163.26  return envelope as provided in section 203B.08. 
163.27     (h) Facing identification marks must be positioned as 
163.28  specified in United States Postal Service instructions for 
163.29  facing identification marks. 
163.30     (i) Marks approved by the United States Postal Service to 
163.31  identify ballot materials may be printed on the absentee ballot 
163.32  envelopes. 
163.33     (j) The envelope must be signed by the voter and must be 
163.34  dated. 
163.35     Sec. 39.  Minnesota Statutes 2002, section 203B.11, 
163.36  subdivision 1, is amended to read: 
164.1      Subdivision 1.  [GENERALLY.] Each full-time municipal or 
164.2   school district clerk who has authority under section 203B.05 to 
164.3   administer absentee voting laws shall designate election judges 
164.4   to deliver absentee ballots in accordance with this section.  
164.5   The county auditor may shall also designate election judges to 
164.6   perform the duties in this section if the municipal clerk is not 
164.7   designated to perform absentee ballot duties.  A ballot may be 
164.8   delivered only to an eligible voter who is a temporary or 
164.9   permanent resident or patient in a health care facility or 
164.10  hospital located in the municipality in which the voter 
164.11  maintains residence.  The ballots shall be delivered by two 
164.12  election judges, each of whom is affiliated with a different 
164.13  major political party.  When the election judges deliver or 
164.14  return ballots as provided in this section, they shall travel 
164.15  together in the same vehicle.  Both election judges shall be 
164.16  present when an applicant completes the certificate of 
164.17  eligibility and marks the absentee ballots, and may assist an 
164.18  applicant as provided in section 204C.15.  The election judges 
164.19  shall deposit the return envelopes containing the marked 
164.20  absentee ballots in a sealed container and return them to the 
164.21  clerk on the same day that they are delivered and marked. 
164.22     Sec. 40.  Minnesota Statutes 2002, section 203B.12, 
164.23  subdivision 2, is amended to read: 
164.24     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
164.25  election judges shall examine each return envelope and shall 
164.26  mark it accepted or rejected in the manner provided in this 
164.27  subdivision.  If a ballot has been prepared under section 
164.28  204B.12, subdivision 2a, or 204B.41, the election judges shall 
164.29  not begin removing ballot envelopes from the return envelopes 
164.30  until 8:00 p.m. on election day, either in the polling place or 
164.31  at an absentee ballot board established under section 203B.13. 
164.32     The election judges shall mark the return envelope 
164.33  "Accepted" and initial or sign the return envelope below the 
164.34  word "Accepted" if the election judges or a majority of them are 
164.35  satisfied that:  
164.36     (1) the voter's name and address on the return envelope are 
165.1   the same as the information provided on the absentee ballot 
165.2   application; 
165.3      (2) the voter's signature on the return envelope is the 
165.4   genuine signature of the individual who made the application for 
165.5   ballots and the certificate has been completed as prescribed in 
165.6   the directions for casting an absentee ballot; 
165.7      (3) the voter is registered and eligible to vote in the 
165.8   precinct or has included a properly completed registration card 
165.9   in the return envelope; and 
165.10     (4) the voter has not already voted at that election, 
165.11  either in person or by absentee ballot.  
165.12     The return envelope from accepted ballots must be preserved 
165.13  and returned to the county auditor.  
165.14     If all or a majority of the election judges examining 
165.15  return envelopes find that an absent voter has failed to meet 
165.16  one of the requirements prescribed in clauses (1) to (4), they 
165.17  shall mark the return envelope "Rejected," initial or sign it 
165.18  below the word "Rejected," and return it to the county auditor.  
165.19     If more than one return envelope is received from a voter, 
165.20  the ballots in the return envelope bearing the latest date must 
165.21  be counted and all other return envelopes received from that 
165.22  voter must be returned with the rejected ballots. 
165.23     Sec. 41.  Minnesota Statutes 2002, section 203B.20, is 
165.24  amended to read: 
165.25     203B.20 [CHALLENGES.] 
165.26     Except as provided in this section, the eligibility or 
165.27  residence of a voter whose application for absentee ballots is 
165.28  recorded under section 203B.19 may be challenged in the manner 
165.29  set forth by section 201.195.  The county auditor or municipal 
165.30  clerk shall not be required to serve a copy of the petition and 
165.31  notice of hearing on the challenged voter.  If the absentee 
165.32  ballot application was submitted on behalf of the voter by an 
165.33  individual authorized under section 203B.17, subdivision 1, 
165.34  paragraph (a), the county auditor must attempt to notify the 
165.35  individual who submitted the application that the voter's 
165.36  eligibility has been challenged.  All reasonable doubt shall be 
166.1   resolved in favor of the validity of the application.  If the 
166.2   voter's challenge is affirmed, the county auditor shall provide 
166.3   the challenged voter with a copy of the petition and the 
166.4   decision and shall inform the voter of the right to appeal as 
166.5   provided in section 201.195.  
166.6      Sec. 42.  Minnesota Statutes 2002, section 203B.21, 
166.7   subdivision 3, is amended to read: 
166.8      Subd. 3.  [BACK OF RETURN ENVELOPE.] On the back of the 
166.9   return envelope an affidavit form shall appear with space for:  
166.10     (a) (1) the voter's address of present or former residence 
166.11  in Minnesota; 
166.12     (b) A statement indicating the category described in 
166.13  section 203B.16 to which the voter belongs; 
166.14     (c) (2) a statement that the voter has not cast and will 
166.15  not cast another absentee ballot in the same election or 
166.16  elections; 
166.17     (d) (3) a statement that the voter personally marked the 
166.18  ballots without showing them to anyone, or if physically unable 
166.19  to mark them, that the voter directed another individual to mark 
166.20  them; and 
166.21     (e) (4) the voter's military identification card number, 
166.22  passport number, or, if the voter does not have a valid passport 
166.23  or identification card, the signature and certification of an 
166.24  individual authorized to administer oaths or a commissioned or 
166.25  noncommissioned officer of the military not below the rank of 
166.26  sergeant or its equivalent. armed forces or any official 
166.27  authorized to administer oaths under federal law or state law or 
166.28  the law of the place where the oath is administered; 
166.29     (5) the federal oath.  The federal oath prescribed by the 
166.30  federal Help America Vote Act is as follows: 
166.31     "I swear or affirm, under penalty of perjury, that:  
166.32     I am a member of the uniformed services or merchant marine 
166.33  on active duty or an eligible spouse or dependent of such a 
166.34  member; a United States citizen temporarily residing outside the 
166.35  United States; or other United States citizen residing outside 
166.36  the United States; and 
167.1      I am a United States citizen, at least 18 years of age (or 
167.2   will be by the date of the election,) and I am eligible to vote 
167.3   in the requested jurisdiction; 
167.4      I have not been convicted of a felony, or other 
167.5   disqualifying offense, or been adjudicated mentally incompetent, 
167.6   or, if so, my voting rights have been reinstated; and 
167.7      I am not registering, requesting a ballot, or voting in any 
167.8   other jurisdiction in the United States except the jurisdiction 
167.9   cited in this voting form. 
167.10     In voting, I have marked and sealed my ballot in private 
167.11  and have not allowed any person to observe the marking of the 
167.12  ballot, except for those authorized to assist voters under state 
167.13  or federal law.  I have not been influenced. 
167.14     My signature and date below indicate when I completed this 
167.15  document. 
167.16     The information on this form is true, accurate, and 
167.17  complete to the best of my knowledge.  I understand that a 
167.18  material misstatement of fact in completion of this document may 
167.19  constitute grounds for a conviction for perjury."; and 
167.20     (6) the signature of the voter and the date the affidavit 
167.21  was signed. 
167.22     Sec. 43.  Minnesota Statutes 2002, section 203B.22, is 
167.23  amended to read: 
167.24     203B.22 [MAILING BALLOTS.] 
167.25     The county auditor shall mail the appropriate ballots, as 
167.26  promptly as possible, to an absent voter whose application has 
167.27  been recorded under section 203B.19.  If the county auditor 
167.28  determines that a voter is not eligible to vote at the primary 
167.29  but will be eligible to vote at the general election, only 
167.30  general election ballots shall be mailed.  Only one set of 
167.31  ballots shall be mailed to any applicant for any election unless 
167.32  a set of ballots is spoiled or lost in transit.  Ballots to be 
167.33  sent outside the United States shall be given priority in 
167.34  mailing.  A county auditor may make use of any special service 
167.35  provided by the United States government for the mailing of 
167.36  voting materials under sections 203B.16 to 203B.27.  A county 
168.1   auditor may use envelopes prepaid by applicants for express or 
168.2   similar delivery service.  
168.3      Sec. 44.  Minnesota Statutes 2002, section 203B.24, is 
168.4   amended to read: 
168.5      203B.24 [DUTIES OF ELECTION JUDGES.] 
168.6      Subdivision 1.  [CHECK OF VOTER ELIGIBILITY; PROPER 
168.7   EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 
168.8   returned as provided in sections 203B.16 to 203B.27, the 
168.9   election judges shall compare the voter's name with the names 
168.10  appearing on their copy of the application records compiled 
168.11  under section 203B.19 to insure that the ballot is from a voter 
168.12  eligible to cast an absentee ballot under sections 203B.16 to 
168.13  203B.27.  Any discrepancy or disqualifying fact shall be noted 
168.14  on the envelope by the election judges.  If a voter whose name 
168.15  is not on the list submits a ballot, the ballot must be rejected 
168.16  and the judge must write the reason for the rejection on the 
168.17  envelope.  Failure to return unused ballots shall not invalidate 
168.18  a marked ballot, but a ballot shall not be counted if the 
168.19  affidavit on the return envelope is does not properly 
168.20  executed. contain the following information:  the voter's name, 
168.21  signature, current or former address in the precinct, military 
168.22  identification number or passport number or signature and 
168.23  certification of a commissioned officer of the armed forces or 
168.24  any official authorized to administer oaths under federal law or 
168.25  state law or other place where the oath is administered.  In all 
168.26  other respects the provisions of the Minnesota Election Law 
168.27  governing deposit and counting of ballots shall apply.  
168.28     Subd. 2.  [VOTING MORE THAN ONCE.] The election judges 
168.29  shall compare the voter's name with the names appearing on their 
168.30  copy of the list of persons prepared under section 203B.26 who 
168.31  have submitted an application records to insure that the voter 
168.32  has not already returned a ballot in the election.  The election 
168.33  judges must indicate on the record whether an absentee ballot 
168.34  was accepted for each applicant whose name appears on the 
168.35  record.  If a voter whose application has been recorded under 
168.36  section 203B.19 casts a ballot in person on election day, no 
169.1   absentee ballot shall be counted for that voter.  If more than 
169.2   one return envelope is received from a voter whose application 
169.3   has been recorded under section 203B.19, the ballots in the 
169.4   return envelope bearing the latest date shall be counted and the 
169.5   uncounted ballots shall be returned by the election judges with 
169.6   the rejected ballots.  The election judges must preserve the 
169.7   record and return it to the county auditor or municipal clerk 
169.8   with the election day materials.  
169.9      Sec. 45.  Minnesota Statutes 2002, section 204B.14, 
169.10  subdivision 2, is amended to read: 
169.11     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
169.12  The following shall constitute at least one election precinct:  
169.13     (1) each city ward; and 
169.14     (2) each town and each statutory city.  
169.15     (b) A single, accessible, combined polling place may be 
169.16  established no later than June 1 of any year: 
169.17     (1) for any city of the third or fourth class, any town, or 
169.18  any city having territory in more than one county, in which all 
169.19  the voters of the city or town shall cast their ballots; 
169.20     (2) for two contiguous precincts in the same municipality 
169.21  that if either of them has fewer than 100 registered voters or 
169.22  if they have a combined total of fewer than 500 registered 
169.23  voters; or 
169.24     (3) for up to four contiguous municipalities located 
169.25  entirely outside the metropolitan area, as defined by section 
169.26  473.121, subdivision 2, that are contained in the same county. 
169.27     A copy of the ordinance or resolution establishing a 
169.28  combined polling place must be filed with the county auditor 
169.29  within 30 days after approval by the governing body.  A polling 
169.30  place combined under clause (3) must be approved by the 
169.31  governing body of each participating municipality.  A 
169.32  municipality withdrawing from participation in a combined 
169.33  polling place must do so by filing a resolution of withdrawal 
169.34  with the county auditor no later than May 1 of any year. 
169.35     The secretary of state shall provide a separate polling 
169.36  place roster for each precinct served by the combined polling 
170.1   place.  A single set of election judges may be appointed to 
170.2   serve at a combined polling place.  The number of election 
170.3   judges required must be based on the total number of persons 
170.4   voting at the last similar election in all precincts to be 
170.5   voting at the combined polling place.  Separate ballot boxes 
170.6   must be provided for the ballots from each precinct except that 
170.7   if a single electronic precinct tabulator is used to count 
170.8   ballots in the polling place for multiple precincts, the ballots 
170.9   for all precincts may be deposited into the single ballot box of 
170.10  the precinct tabulator.  The results of the election must be 
170.11  reported separately for each precinct served by the combined 
170.12  polling place, except in a polling place established under 
170.13  clause (2) where one of the precincts has fewer than ten 
170.14  registered voters, in which case the results of that precinct 
170.15  must be reported in the manner specified by the secretary of 
170.16  state.  
170.17     Sec. 46.  Minnesota Statutes 2002, section 204B.16, 
170.18  subdivision 5, is amended to read: 
170.19     Subd. 5.  [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling 
170.20  place shall be accessible to and usable by elderly and 
170.21  physically handicapped individuals.  A polling place is deemed 
170.22  to be accessible and usable if it complies with the standards in 
170.23  paragraphs (a) to (f).  
170.24     (a) At least one set of doors must have a minimum width of 
170.25  31 32 inches if the doors must be used to enter or leave the 
170.26  polling place.  
170.27     (b) Any curb adjacent to the main entrance to a polling 
170.28  place must have curb cuts or temporary ramps.  Where the main 
170.29  entrance is not the accessible entrance, any curb adjacent to 
170.30  the accessible entrance must also have curb cuts or temporary 
170.31  ramps.  
170.32     (c) Where the main entrance is not the accessible entrance, 
170.33  a sign shall be posted at the main entrance giving directions to 
170.34  the accessible entrance.  
170.35     (d) At least one set of stairs must have a temporary 
170.36  handrail and ramp if stairs must be used to enter or leave the 
171.1   polling place.  
171.2      (e) No barrier in the polling place may impede the path of 
171.3   the physically handicapped to the voting booth.  
171.4      (f) At least one handicapped parking space, which may be 
171.5   temporarily so designated by the municipality for the day of the 
171.6   election, must be available near the accessible entrance.  
171.7      The doorway, handrails, ramps, and handicapped parking 
171.8   provided pursuant to this subdivision must conform to the 
171.9   standards specified in the State Building Code for accessibility 
171.10  by handicapped persons.  
171.11     A governing body shall designate as polling places only 
171.12  those places which meet the standards prescribed in this 
171.13  subdivision unless no available place within a precinct is 
171.14  accessible or can be made accessible.  
171.15     Sec. 47.  Minnesota Statutes 2002, section 204B.18, is 
171.16  amended to read: 
171.17     204B.18 [POLLING PLACES; EQUIPMENT.] 
171.18     Subdivision 1.  [BOOTHS.] Each polling place must contain a 
171.19  number of voting booths in proportion to the number of 
171.20  individuals eligible to vote in the precinct.  Each booth must 
171.21  be at least six feet high, three feet deep and two feet wide 
171.22  with a shelf at least two feet long and one foot wide placed at 
171.23  a convenient height for writing.  The booth shall be provided 
171.24  with a door or curtains.  Each accessible polling place must 
171.25  have at least one accessible voting booth or other accessible 
171.26  voting station.  All booths or stations must be constructed so 
171.27  that a voter is free from observation while marking ballots.  In 
171.28  all other polling places every effort must be made to provide at 
171.29  least one accessible voting booth or other accessible voting 
171.30  station must be provided.  During the hours of voting, the 
171.31  booths or stations must have instructions, a pencil, and other 
171.32  supplies needed to mark the ballots.  If needed, A chair must be 
171.33  provided for elderly and handicapped voters to use while 
171.34  voting or waiting to vote.  A writing surface must be available 
171.35  for voters to use while filling out forms.  All ballot boxes, 
171.36  voting booths, voting stations, and election judges must be in 
172.1   open public view in the polling place. 
172.2      Subd. 2.  [BALLOT BOXES FOR PAPER BALLOTS.] Each polling 
172.3   place shall be provided with one ballot box for each kind 
172.4   of paper ballot to be cast at the election.  The boxes shall be 
172.5   substantially the same color as the ballots to be deposited in 
172.6   them.  Each box shall be of sufficient size and shall have a 
172.7   sufficient opening to receive and contain all the ballots likely 
172.8   to be deposited in it.  When buff or goldenrod ballot boxes are 
172.9   required, a separate box must be provided for each school 
172.10  district for which ballots are to be cast at that polling 
172.11  place.  The number and name of the school district must appear 
172.12  conspicuously on the top of each buff or goldenrod ballot box. 
172.13     Sec. 48.  Minnesota Statutes 2002, section 204B.25, 
172.14  subdivision 3, is amended to read: 
172.15     Subd. 3.  [TRAINED ELECTION JUDGES; NUMBER REQUIRED.] Each 
172.16  election precinct in which less than 100 individuals voted at 
172.17  the last state general election shall have at least two election 
172.18  judges who are members of different major political parties who 
172.19  have received training as required in this section.  An election 
172.20  judge who has not been trained under subdivision 1 must be 
172.21  trained by the head election judge.  In every other election 
172.22  precinct, no individual may serve as an election judge who has 
172.23  not received training as required by subdivision 1. 
172.24     Sec. 49.  Minnesota Statutes 2002, section 204B.27, 
172.25  subdivision 3, is amended to read: 
172.26     Subd. 3.  [INSTRUCTION POSTERS.] At least 25 days before 
172.27  every state election the secretary of state shall prepare and 
172.28  furnish to the county auditor of each county in which paper 
172.29  ballots are used, voter instruction posters printed in large 
172.30  type upon cards or on heavy paper.  The instruction posters must 
172.31  contain the information needed to enable the voters to cast 
172.32  their paper ballots quickly and correctly and indicate the types 
172.33  of assistance available for elderly and handicapped voters.  Two 
172.34  instruction posters shall must be furnished for each precinct in 
172.35  which paper ballots are used.  The secretary of state shall also 
172.36  provide posters informing voters of eligibility requirements to 
173.1   vote and of identification and proofs accepted for election day 
173.2   registration.  Posters furnished by the secretary of state must 
173.3   also include all information required to be posted by the Help 
173.4   America Vote Act, including:  instructions on how to vote, 
173.5   including how to cast a vote, instructions for mail-in 
173.6   registrants and first-time voters, general information on voting 
173.7   rights under applicable federal and state laws and instructions 
173.8   on how to contact the appropriate officials if these rights are 
173.9   alleged to have been violated, and general information on 
173.10  federal and state laws regarding prohibitions on acts of fraud 
173.11  and misrepresentation. 
173.12     Sec. 50.  Minnesota Statutes 2002, section 204B.45, 
173.13  subdivision 2, is amended to read: 
173.14     Subd. 2.  [PROCEDURE.] Notice of the election and the 
173.15  special mail procedure must be given at least six weeks prior to 
173.16  the election.  No earlier than 20 days or later than 14 days 
173.17  prior to the election, the auditor shall mail ballots by 
173.18  nonforwardable mail to all voters registered in the town or 
173.19  unorganized territory.  Eligible voters not registered at the 
173.20  time the ballots are mailed may apply for ballots as provided in 
173.21  chapter 203B.  Ballot return envelopes, with return postage 
173.22  provided, must be preaddressed to the auditor or clerk and the 
173.23  voter may return the ballot by mail or in person to the office 
173.24  of the auditor or clerk.  The costs of the mailing shall be paid 
173.25  by the election jurisdiction in which the voter resides.  A 
173.26  voter who has been challenged or whose registration is deficient 
173.27  under section 201.071, subdivision 4a, must be sent a voter 
173.28  registration application along with the ballot materials and a 
173.29  notice that the voter must reregister in order to vote.  Any 
173.30  ballot received by 8:00 p.m. on the day of the election must be 
173.31  counted. 
173.32     Sec. 51.  [204B.461] [MAIL BALLOTING.] 
173.33     Subdivision 1.  [SCOPE.] This section applies to mail 
173.34  balloting conducted under sections 204B.45 and 204B.46.  Except 
173.35  as otherwise provided in this section, sections 203B.001 to 
173.36  203B.15 also apply to mail balloting.  In unorganized territory, 
174.1   the county auditor shall perform the duties specified for the 
174.2   municipal clerk.  
174.3      Subd. 2.  [AUTHORIZATION.] The municipal governing body, 
174.4   school board, or county board may authorize mail balloting by 
174.5   resolution adopted no later than 45 days prior to the first 
174.6   election at which mail balloting will be used.  If mail 
174.7   balloting is adopted pursuant to section 204B.45, the resolution 
174.8   remains in effect for all subsequent state and county elections 
174.9   until revoked.  Revocation of the resolution may occur no later 
174.10  than 45 days before the next affected election.  Authorization 
174.11  to conduct a special election pursuant to section 204B.46 
174.12  expires after completion of the election.  
174.13     Subd. 3.  [NOTICE.] The municipal clerk or school district 
174.14  clerk shall notify the county auditor of the adoption or 
174.15  discontinuance of mail balloting no later than two weeks after 
174.16  adoption or revocation of the resolution.  The county auditor 
174.17  shall send a similar notice to the secretary of state for 
174.18  elections authorized pursuant to section 204B.45.  The county 
174.19  auditor, municipal clerk, or school district clerk shall post 
174.20  notice of mail ballot procedures at least six weeks before each 
174.21  election.  Notice of mail ballot procedures must include: 
174.22     (1) the name or description of the municipality or 
174.23  unorganized territory; 
174.24     (2) the date of the election and the dates that ballots 
174.25  will be mailed; 
174.26     (3) a statement that each voter registered by the 21st day 
174.27  before the election will be mailed a ballot; 
174.28     (4) the times, places, and manner in which voted ballots 
174.29  can be returned; 
174.30     (5) an explanation of how an eligible voter who is not 
174.31  registered may apply for a ballot and how a registered voter who 
174.32  will be absent from the precinct may apply to receive the ballot 
174.33  at a temporary address; 
174.34     (6) the place and time for counting of ballots; and 
174.35     (7) the name and address or telephone number of the 
174.36  official or office where additional information can be obtained. 
175.1      Before the first election at which mail balloting will be 
175.2   used or discontinued, notice must also be given by one or more 
175.3   of the following means:  publication in a newspaper of general 
175.4   circulation, posting of notice at public locations within each 
175.5   precinct, dissemination of information through the media or at 
175.6   public meetings, or mailed notice to registered voters. 
175.7      Subd. 4.  [MAILING BALLOTS.] The county auditor, municipal 
175.8   clerk, or school district clerk shall mail ballots to the voters 
175.9   registered in the municipality or unorganized territory.  A 
175.10  ballot mailing must be sent to each registered voter no earlier 
175.11  than 20 or later than 14 days prior to the election.  A 
175.12  challenged voter must be sent nonregistered materials. 
175.13     Ballots must be sent by nonforwardable mail.  Ballots for 
175.14  eligible voters who reside in health care facilities may be 
175.15  delivered as provided in section 203B.11.  The ballot mailing 
175.16  must be addressed to the voter at the voter's residence address 
175.17  as shown on the registration file unless the voter completes an 
175.18  absentee ballot request as provided in section 203B.04 or 
175.19  203B.16. 
175.20     A return envelope, a ballot secrecy envelope, and 
175.21  instructions for marking and returning mail ballots must be 
175.22  included with the ballots.  The instructions may include a 
175.23  telephone number or electronic mail address which voters can 
175.24  call or write for help in mail voting.  At the request of the 
175.25  secretary of state, a survey card that the voter can return to 
175.26  the secretary of state must also be included.  The ballot return 
175.27  envelope must be printed with the mail voter's certificate.  The 
175.28  ballot return envelope must be addressed for return to the 
175.29  county auditor, municipal clerk, or school district clerk that 
175.30  is conducting the election.  First class postage must be affixed 
175.31  to the return envelope. 
175.32     Subd. 5.  [FORM OF INSTRUCTIONS TO MAIL VOTERS.] Mail 
175.33  ballots must include the following instructions: 
175.34               "INSTRUCTIONS TO MAIL BALLOT VOTERS 
175.35               Follow these instructions carefully.
175.36     Before you vote you must have a witness. 
176.1      Step 1.  Locate one of the following individuals to serve 
176.2   as your witness:  
176.3      a.  anyone who is registered to vote in Minnesota including 
176.4   your spouse or another relative who meets this qualification; 
176.5      b.  a notary public; or 
176.6      c.  any person having authority to administer oaths. 
176.7      Step 2.  Show your witness the unmarked ballots. 
176.8      Step 3.  Mark the ballots in secrecy.  If you are disabled 
176.9   or otherwise unable to mark the ballots, you may ask your 
176.10  witness to assist you.  Mark your votes in the manner shown or 
176.11  explained at the top of the ballots.  Follow the instructions 
176.12  under each office that tell you how many votes can be cast and 
176.13  do not cast more votes than instructed.  Casting more votes than 
176.14  instructed for an office will prevent your votes from being 
176.15  counted for that office. 
176.16     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
176.17  on the ballot.  If your are voting in a partisan primary, you 
176.18  may only vote for candidates of one party.  Voting for 
176.19  candidates in more than one party will prevent your partisan 
176.20  ballot from being counted. 
176.21     If your make an error when marking your ballot you may 
176.22  request a new ballot from the election official from whom you 
176.23  received your ballot.  If you cannot request a new ballot for 
176.24  any reason, completely erase any errors and remark your ballot. 
176.25     Step 4.  Fold each ballot.  Do not put any identifying 
176.26  marks on the ballot. 
176.27     Step 5.  Place all voted ballots in the tan colored Ballot 
176.28  Secrecy Envelope and seal the envelope.  Do not write on this 
176.29  envelope. 
176.30     Step 6.  Place the tan colored ballot secrecy envelope into 
176.31  the white ballot return envelope and seal the envelope.  
176.32     Step 7.  Print your name and address and sign your name on 
176.33  the back of the white ballot return envelope.  The name, 
176.34  address, and signature of your witness are required as well. 
176.35     Step 8.  Return your ballot to the address on the white 
176.36  ballot return envelope by mail so it will be delivered by 
177.1   election day or in person or through your designated agent no 
177.2   later than 8:00 p.m. on election day. 
177.3      If you have questions, please call (...) ...-.... ." 
177.4      Subd. 6.  [FORM OF MAIL VOTER'S CERTIFICATE.] The mail 
177.5   voter's certificate must be as follows: 
177.6                     "TO BE COMPLETED BY VOTER 
177.7    VOTER'S NAME (PLEASE PRINT) 
177.8    ___________________________________________
177.9    VOTER'S ADDRESS (PLEASE PRINT) 
177.10   ___________________________________________
177.11  I certify that on election day I will meet all the legal 
177.12  requirements to vote. 
177.13   VOTER'S SIGNATURE               DATE
177.14   ________________________        _____________ 
177.15                    TO BE COMPLETED BY WITNESS 
177.16  I certify that the voter 
177.17     * showed me the blank ballots before voting; 
177.18     * marked the ballots in secrecy or, if physically unable to 
177.19  mark the ballots, the ballots were marked as directed by the 
177.20  voter; and 
177.21     * enclosed and sealed the ballots in the secrecy envelope. 
177.22   NAME OF WITNESS (PLEASE PRINT) 
177.23   ________________________________________
177.24   ADDRESS OF WITNESS (PLEASE PRINT) 
177.25   ________________________________________
177.26   SIGNATURE OF WITNESS            DATE 
177.27   _________________________       __________ 
177.28   TITLE OF WITNESS (IF AN OFFICIAL) 
177.29   ________________________________________"
177.30     Subd. 7.  [NONREGISTERED ELIGIBLE VOTERS.] An eligible 
177.31  voter who was not registered on the 21st day prior to the 
177.32  election may apply for and receive an absentee ballot.  Absentee 
177.33  voting in precincts using mail balloting must be conducted under 
177.34  chapter 203B, except that the time for applying for, receiving, 
177.35  and returning absentee ballots is extended until 8:00 p.m. on 
177.36  the day of the election.  The instructions to absentee voters 
178.1   must be those specified in section 203B.21.  The statement of 
178.2   absentee voter must be that specified in section 203B.072.  The 
178.3   absentee ballot return envelope must be as specified in section 
178.4   203B.073.  
178.5      Subd. 8.  [REPLACEMENT BALLOTS.] A voter who has spoiled a 
178.6   ballot may request a replacement ballot from the official 
178.7   conducting the election by completing a replacement mail ballot 
178.8   affidavit.  The spoiled ballot must be returned to the official 
178.9   who issued the ballot, either by mail or in person, before a 
178.10  replacement ballot can be issued.  The election official must 
178.11  put the returned ballot in a spoiled ballot envelope.  A 
178.12  replacement ballot may also be issued to a voter who signs an 
178.13  affidavit stating that the voter did not receive or lost the 
178.14  ballot mailed to the voter.  The election official shall stamp 
178.15  or mark on all replacement ballot return envelopes the words 
178.16  "REPLACEMENT BALLOT" and shall maintain a record of all 
178.17  replacement ballots issued. 
178.18     Subd. 9.  [FORM OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The 
178.19  replacement mail ballot affidavit must be as follows: 
178.20              "REPLACEMENT MAIL BALLOT AFFIDAVIT OF 
178.21              _____________________________________ 
178.22               (print or type legal name of voter) 
178.23              _____________________________________ 
178.24                  (print or type legal address) 
178.25  I certify that 
178.26     - I am a resident and eligible voter in 
178.27              _____________________________________ 
178.28                 (name of township or territory) 
178.29     - I am requesting a replacement ballot because I spoiled, 
178.30  lost, or did not receive the ballot mailed to me; 
178.31     - if I spoiled the ballot, I have returned the spoiled 
178.32  ballot to the official who issued the ballot or it is enclosed 
178.33  with this affidavit; 
178.34     - if I receive both ballots or find the first ballot, I 
178.35  will destroy the unused ballot and will vote only once; and 
178.36     - I understand that voting twice is a felony punishable by 
179.1   not more than five years imprisonment and a fine of not more 
179.2   than $10,000, or both. 
179.3    _____________   ____________________________ 
179.4    (date)          (legal signature of voter)"
179.5      Subd. 10.  [UNDELIVERABLE BALLOTS.] Ballots returned by the 
179.6   post office as undeliverable to the voter at the address of 
179.7   registration must be securely retained.  If the auditor, 
179.8   municipal clerk, or school district clerk is able to verify the 
179.9   voter's residence at that address, the ballot may be reissued.  
179.10  A ballot undeliverable to the voter at the address of 
179.11  registration must be considered a returned notice of 
179.12  verification as provided in section 201.12, and the voter's 
179.13  registration must be challenged.  The official conducting the 
179.14  election shall maintain a record of all undeliverable ballots.  
179.15     If the ballot is returned by the post office with 
179.16  notification of the voter's new address within the county, 
179.17  municipality, school district, or unorganized territory holding 
179.18  the mail election, the auditor or clerk shall resend a ballot to 
179.19  the voter along with a voter registration application, an 
179.20  absentee ballot return envelope as provided in section 203.073, 
179.21  subdivision 1, and a notice explaining the need and the 
179.22  procedure to register at the voter's new address.  The auditor 
179.23  or clerk shall keep a list of individuals who are sent the 
179.24  second mailing and will provide a copy of that list to the 
179.25  election judges for use in processing the returned ballots.  The 
179.26  list of voters sent the second mailing will take the place of 
179.27  the absentee ballot request form specified in section 203B.041. 
179.28     Subd. 11.  [RETURNING BALLOTS.] Mail ballots may be 
179.29  returned to the official conducting the election by mail, in 
179.30  person, or by designated agent.  The official conducting the 
179.31  election must accept ballots returned in person, or by 
179.32  designated agent, until 8:00 p.m. on the day of the election.  
179.33  An individual may not be the designated agent of more than three 
179.34  voters in one election. 
179.35     Subd. 12.  [POLLING PLACE AND ELECTION JUDGES.] The only 
179.36  polling place required for mail balloting is the office of the 
180.1   election official conducting the election.  The number of voting 
180.2   stations set up in the office of the official conducting the 
180.3   election must be sufficient to accommodate the number of voters 
180.4   expected to vote in person on election day.  On election day, 
180.5   the official conducting the election shall provide one or more 
180.6   secure drop boxes where voters can deposit return envelopes 
180.7   containing ballots.  The governing body of the jurisdiction 
180.8   conducting the election shall designate a suitable location 
180.9   where the election judges can meet on election day to receive 
180.10  and count ballots.  The location must be open for public 
180.11  observation of the counting of ballots.  The governing body of 
180.12  the jurisdiction conducting the election shall appoint election 
180.13  judges as provided in sections 204B.19 to 204B.21.  For state 
180.14  elections, the county auditor shall appoint election judges for 
180.15  mail ballot precincts and shall apportion the cost of the 
180.16  election judges among the precincts voting by mail in that 
180.17  election.  The county auditor may delegate the authority to 
180.18  appoint election judges for precincts voting by mail in state 
180.19  elections to the municipal clerk.  During the day of the 
180.20  election at least two election judges must be present at the 
180.21  office of the official conducting the election to accept mail 
180.22  ballots delivered in person and to process persons registering 
180.23  on election day.  Additional judges may be appointed as needed.  
180.24  If the ballots are to be counted by hand and there are more than 
180.25  two questions or one office to be voted on, at least one judge 
180.26  must be appointed for the counting of ballots for every 500 
180.27  persons from whom ballots are expected to be returned. 
180.28     Subd. 13.  [RECEIVING AND COUNTING BALLOTS.] On or before 
180.29  election day, the election judges shall receive from the county 
180.30  auditor, municipal clerk, or school district clerk, returned 
180.31  ballots, applications for absentee ballots, affidavits for 
180.32  replacement ballots, and the list of voters sent a second 
180.33  mailing of the ballot.  The judges shall arrange to receive from 
180.34  the election official any additional ballots received in the 
180.35  mail or returned by a voter prior to 8:00 p.m. on election day.  
180.36  Ballots must be transported to the location where ballot 
181.1   processing and counting will occur in a sealed transfer case by 
181.2   two or more election judges.  During the receiving and counting 
181.3   of ballots, the ballots must at all times remain in the custody 
181.4   of two or more election judges.  
181.5      Prior to 8:00 p.m. on election day, the election judges may 
181.6   examine the return envelopes, mark them "accepted" or "rejected" 
181.7   and remove the ballot envelopes from the "accepted" return 
181.8   envelopes.  The election judges may check any list of registered 
181.9   voters provided by the county auditor or contact the county 
181.10  auditor to determine whether a witness who did not provide an 
181.11  address is a registered voter and therefore an eligible voter.  
181.12  The ballot envelopes must be placed unopened in a locked ballot 
181.13  box or other sealed container.  At 8:00 p.m. on election day, 
181.14  the election judges shall open the ballot box, remove the 
181.15  ballots from the ballot envelopes, and count the ballots. 
181.16     Subd. 14.  [CHALLENGES.] Challengers appointed under 
181.17  section 204C.07 may be present while the election judges are 
181.18  examining and accepting or rejecting the return envelopes.  
181.19  Challenges must be made and determined as provided in section 
181.20  204C.13, subdivision 6. 
181.21     Subd. 15.  [COSTS.] The governing body authorizing mail 
181.22  balloting shall pay the costs of the mailing.  Costs of mailing 
181.23  include postage costs and the costs of printing required 
181.24  envelopes, instructions, affidavits, and mailing labels.  Other 
181.25  expenses must be paid as provided in section 204B.32. 
181.26     Subd. 16.  [ALTERNATE FORMS.] The secretary of state may 
181.27  authorize the alternate use of envelopes and other forms related 
181.28  to mail elections. 
181.29     Sec. 52.  Minnesota Statutes 2002, section 204C.06, 
181.30  subdivision 2, is amended to read: 
181.31     Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 
181.32  Representatives of the secretary of state's office, the county 
181.33  auditor's office, and the municipal or school district clerk's 
181.34  office may be present at the polling place to observe election 
181.35  procedures.  Except for these representatives, election judges, 
181.36  sergeants-at-arms, and challengers, an individual may remain 
182.1   inside the polling place during voting hours only while voting 
182.2   or registering to vote, completing a form pursuant to section 
182.3   200.04, providing proof of residence for an individual who is 
182.4   registering to vote, or assisting a handicapped voter or a voter 
182.5   who is unable to read English.  During voting hours no one 
182.6   except individuals receiving, marking, or depositing ballots 
182.7   shall approach within six feet of a voting booth, unless 
182.8   lawfully authorized to do so by an election judge.  
182.9      (b) Teachers and elementary or secondary school students 
182.10  participating in an educational activity authorized by section 
182.11  204B.27, subdivision 7, may be present at the polling place 
182.12  during voting hours. 
182.13     Sec. 53.  Minnesota Statutes 2002, section 204C.10, is 
182.14  amended to read: 
182.15     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
182.16  REGISTRATION.] 
182.17     (a) An individual seeking to vote shall sign a polling 
182.18  place roster which states that the individual is at least 18 
182.19  years of age, a citizen of the United States, has resided in 
182.20  Minnesota for 20 days immediately preceding the 
182.21  election, certifies maintains residence at the address shown, is 
182.22  not under a guardianship of the person in which the individual 
182.23  has not retained the right to vote, has not been found by a 
182.24  court of law to be legally incompetent to vote or convicted of a 
182.25  felony without having civil rights restored, is registered and 
182.26  has not already voted in the election.  The roster must also 
182.27  state:  "I understand that deliberately providing false 
182.28  information is a felony punishable by not more than five years 
182.29  imprisonment and a fine of not more than $10,000, or both."  
182.30     (b) A judge may, before the applicant signs the roster, 
182.31  confirm the applicant's name, address, and date of birth.  
182.32     (c) After the applicant signs the roster, the judge shall 
182.33  give the applicant a voter's receipt.  The voter shall deliver 
182.34  the voter's receipt to the judge in charge of ballots as proof 
182.35  of the voter's right to vote, and thereupon the judge shall hand 
182.36  to the voter the ballot.  The voters' receipts must be 
183.1   maintained during the time for notice of filing an election 
183.2   contest.  
183.3      Sec. 54.  Minnesota Statutes 2002, section 204C.12, 
183.4   subdivision 4, is amended to read: 
183.5      Subd. 4.  [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 
183.6   PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A 
183.7   challenged individual who is found to be ineligible to vote in 
183.8   that precinct or who refuses to answer questions or sign a 
183.9   polling place roster as required by this section must not be 
183.10  allowed to vote and the county auditor must reclassify as 
183.11  inactive the record of the challenged individual within 14 days 
183.12  following the challenge.  A challenged individual who leaves the 
183.13  polling place and returns later willing to answer questions or 
183.14  sign a polling place roster must not be allowed to vote.  
183.15     Sec. 55.  Minnesota Statutes 2002, section 204C.24, 
183.16  subdivision 1, is amended to read: 
183.17     Subdivision 1.  [INFORMATION REQUIREMENTS.] Precinct 
183.18  summary statements shall must be submitted by the election 
183.19  judges in every precinct.  For state elections, the election 
183.20  judges shall complete three or more copies of the summary 
183.21  statements, and In a central counting center, the election 
183.22  official in charge shall prepare the summary statements.  The 
183.23  summary statement must state the name of the county; the name of 
183.24  the municipality, school district, or special district; the 
183.25  precinct name and code; offices; names of candidates; number of 
183.26  persons registered at 7:00 a.m. on election day; number of 
183.27  ballots counted; vote totals; and any other data required by the 
183.28  secretary of state.  Each copy shall summary statement must 
183.29  contain the following information for each kind of ballot:  
183.30     (a) the number of votes each candidate received, including 
183.31  write-in candidates for state or federal office who have 
183.32  requested under section 204B.09 that votes for those candidates 
183.33  be tallied, or the number of yes and no votes on each question, 
183.34  the number of undervotes or partially blank ballots, and the 
183.35  number of overvotes or partially defective ballots with respect 
183.36  to each office or question; 
184.1      (b) the number of totally blank ballots, the number of 
184.2   totally defective ballots, the number of spoiled ballots, and 
184.3   the number of unused ballots; 
184.4      (c) the number of individuals who voted at the election in 
184.5   the precinct; 
184.6      (d) the number of voters registering on election day in 
184.7   that precinct; and 
184.8      (e) the number of regular absentee ballots; 
184.9      (f) the number of military and overseas absentee ballots; 
184.10     (g) the number of registered voters in the precinct as of 
184.11  7:00 a.m. on election day; 
184.12     (h) the number of ballots on hand as of 7:00 a.m., the 
184.13  number of spoiled ballots, the number of unused ballots, the 
184.14  number of ballots in the envelope marked "ballots for which 
184.15  duplicates were made," and the number of ballots that were 
184.16  printed at or delivered to the precinct during election day; and 
184.17     (i) the signatures of the election judges who counted the 
184.18  ballots certifying that all of the ballots cast were properly 
184.19  piled, checked, and counted; and that the numbers entered by the 
184.20  election judges on the summary statements correctly show the 
184.21  number of votes cast for each candidate and for and against each 
184.22  question.  The summary statement may be a computer printout, a 
184.23  tape produced by a vote tabulator, or a form designated by the 
184.24  secretary of state.  The summary statement must include the 
184.25  tally of write-in votes counted under section 204B.09. 
184.26     For state elections, the election judges shall complete 
184.27  three or more copies of the summary statement.  At least two 
184.28  copies of the summary statement must be prepared for elections 
184.29  not held on the same day as the state elections.  The summary 
184.30  statements must be certified to the official conducting the 
184.31  election.  The official conducting the election shall prepare 
184.32  one summary statement for each jurisdiction canvassing the 
184.33  results of the election.  For state elections, the county 
184.34  auditor shall forward a summary statement to the secretary of 
184.35  state together with two copies of the county canvassing board 
184.36  report.  The official conducting the election may authorize the 
185.1   printing of copies of the summary statement for public 
185.2   information purposes.  The official conducting the election 
185.3   shall prepare copies of any additional forms required by the 
185.4   secretary of state. 
185.5      Authorized personnel in each county must enter data 
185.6   contained on the summary statements into the election reporting 
185.7   system for the purpose of state reporting of the election 
185.8   results. 
185.9      Sec. 56.  [204C.275] [INSPECTION OF POLLING PLACE ROSTERS.] 
185.10     An individual who asks to inspect a polling place roster 
185.11  used on election day must provide the county auditor with 
185.12  identification and a written request stating the information 
185.13  required by section 201.091, subdivision 4.  Before fulfilling 
185.14  the request for inspection, the auditor must conceal the month 
185.15  and day of birth of each person on the roster.  Before 
185.16  fulfilling the request for inspection, the auditor must conceal 
185.17  the address of any voter whose registration is under 
185.18  court-ordered protection pursuant to section 201.091. 
185.19     Sec. 57.  [204C.255] [PROCEDURES FOLLOWING CLOSE OF POLLS.] 
185.20     Subdivision 1.  [BALLOTS NOT ISSUED, SECURED.] All ballots 
185.21  that are not issued to voters must be secured for return to the 
185.22  official in charge of the election for the election jurisdiction.
185.23     Subd. 2.  [TOTAL NUMBER OF VOTERS.] The total number of 
185.24  voters, determined pursuant to section 204C.20, subdivision 1, 
185.25  must be entered on the summary statement. 
185.26     Sec. 58.  [204C.305] [DISTRIBUTION OF SUMMARY STATEMENTS.] 
185.27     The summary statements referred to in section 204C.24 must 
185.28  be certified to the official conducting the election.  The 
185.29  official conducting the election shall prepare one summary 
185.30  statement for each jurisdiction canvassing the results of the 
185.31  election.  For state elections, the county auditor shall forward 
185.32  a summary statement to the secretary of state together with two 
185.33  copies of the county canvassing board report.  The official 
185.34  conducting the election may authorize the printing of copies of 
185.35  the summary statement for public information purposes.  The 
185.36  official conducting the election shall prepare copies of any 
186.1   additional forms required by the secretary of state. 
186.2      Sec. 59.  [204C.245] [CERTIFICATE OF ELECTION JUDGES.] 
186.3      The election judges shall sign a "certificate of election 
186.4   judges."  The certificate must state:  
186.5      (1) the number of persons voting as shown on the summary 
186.6   statement; 
186.7      (2) that the order of the offices and questions to be voted 
186.8   on and the candidates' names on the ballots were the same as on 
186.9   the sample ballot; 
186.10     (3) the number of ballots being submitted for tabulation; 
186.11     (4) that the ballots have been counted and agree with the 
186.12  number of names as shown on the summary statement; 
186.13     (5) the number of excess ballots, if any; 
186.14     (6) that all ballots requiring duplication are in the 
186.15  proper envelope; 
186.16     (7) that all write-in votes have been properly recorded, if 
186.17  this process was done on election night; 
186.18     (8) that all ballots used in the election and all ballots 
186.19  that have been or need to be duplicated have been placed in the 
186.20  transfer case and that the case was securely sealed in such a 
186.21  manner as to render it impossible to open the case without 
186.22  breaking the seal; and 
186.23     (9) the numbers of any seals used to seal the transfer case 
186.24  or cases, boxes, or envelopes containing ballots. 
186.25     Sec. 60.  [204C.125] [EMERGENCY VOTING CARD.] 
186.26     If a voter who has registered prior to an election day is 
186.27  challenged because the voter's name does not appear on the 
186.28  polling place roster of the precinct in which the voter desires 
186.29  to vote, the voter may register on that election day by 
186.30  following the election day registration procedures in section 
186.31  201.061.  Or, if it appears upon examination that the voter's 
186.32  name was erroneously omitted from the roster, the voter must be 
186.33  permitted to vote in the precinct after completing the required 
186.34  name and address information and signing the oath on the polling 
186.35  place roster.  The judges shall note on the list that the voter 
186.36  was permitted to vote pursuant to instructions from the county 
187.1   auditor and two judges shall initial the entry. 
187.2      Sec. 61.  Minnesota Statutes 2002, section 204C.28, 
187.3   subdivision 1, is amended to read: 
187.4      Subdivision 1.  [COUNTY AUDITOR.] Every county auditor 
187.5   shall remain at the auditor's office to receive delivery of the 
187.6   returns, to permit public inspection of the summary statements, 
187.7   and to tabulate the votes until all have been tabulated and the 
187.8   results made known, or until 24 hours have elapsed since the end 
187.9   of the hours for voting, whichever occurs first.  Every county 
187.10  auditor shall keep a book in which, in the presence of the 
187.11  municipal clerk or the election judges who deliver the returns, 
187.12  the auditor shall make a record of all materials delivered, the 
187.13  time of delivery, and the names of the municipal clerk or 
187.14  election judges who made delivery.  The county auditor shall 
187.15  file the book and all envelopes containing ballots in a safe and 
187.16  secure place with envelope seals unbroken.  Access to the book 
187.17  and ballots shall be strictly controlled.  Accountability and a 
187.18  record of access shall be maintained by the county auditor 
187.19  during the period for contesting elections, or, if a contest is 
187.20  filed, until the contest has been finally determined.  
187.21  Thereafter, the book shall be retained in the auditor's office 
187.22  for the same period as the ballots as provided in section 
187.23  204B.40. 
187.24     The county auditor shall file all envelopes containing 
187.25  ballots in a safe place with seals unbroken.  If the envelopes 
187.26  were previously opened by proper authority for examination or 
187.27  recount, the county auditor shall have the envelopes sealed 
187.28  again and signed by the individuals who made the inspection or 
187.29  recount.  The envelopes may be opened by the county canvassing 
187.30  board if necessary to procure election returns that the election 
187.31  judges inadvertently may have sealed in the envelopes with the 
187.32  ballots.  In that case, the envelopes shall be sealed again and 
187.33  signed in the same manner as otherwise provided in this 
187.34  subdivision. 
187.35     Sec. 62.  Minnesota Statutes 2002, section 204D.06, is 
187.36  amended to read: 
188.1      204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 
188.2      At least 42 days before a state primary, the secretary of 
188.3   state shall certify to the county auditors the names of all 
188.4   candidates who have properly filed affidavits of candidacy with 
188.5   the secretary of state and who will be voted for in their 
188.6   respective counties at that primary.  The secretary of state may 
188.7   comply with this requirement electronically. 
188.8      Sec. 63.  Minnesota Statutes 2002, section 204D.23, 
188.9   subdivision 4, is amended to read: 
188.10     Subd. 4.  [FILING WITH THE SECRETARY OF STATE; 
188.11  CERTIFICATION.] Within 24 hours after the filings have closed, 
188.12  the secretary of state shall certify to the county auditors the 
188.13  names of the candidates who have filed with the secretary of 
188.14  state and who will be voted for in those counties at the special 
188.15  primary.  The secretary of state may comply with this 
188.16  requirement electronically. 
188.17     Sec. 64.  [205.135] [ELECTION RESULTS REPORTING SYSTEM; 
188.18  CANDIDATE FILING.] 
188.19     Subdivision 1.  [EVEN-NUMBERED YEAR.] For regularly 
188.20  scheduled municipal elections held in an even-numbered year, the 
188.21  municipal clerk must provide the offices and questions to be 
188.22  voted on in the municipality and the list of candidates for each 
188.23  office to the county auditor for entry into the election results 
188.24  reporting system provided by the secretary of state no later 
188.25  than 46 days prior to the election.  The county auditor may 
188.26  delegate at the request of the municipality the duty to enter 
188.27  the information into the system to the municipal clerk.  
188.28     Subd. 2.  [ODD-NUMBERED YEAR.] For regularly scheduled 
188.29  municipal elections held in an odd-numbered year, the municipal 
188.30  clerk or county auditor must enter the offices and questions to 
188.31  be voted on in the municipality and the list of candidates for 
188.32  each office into the election results reporting system no later 
188.33  than 46 days prior to the election if the county auditor or 
188.34  municipal clerk has notified the secretary of state of intent to 
188.35  use the election results reporting system for the election. 
188.36     Sec. 65.  [205.187] [ELECTION RESULTS REPORTING SYSTEM; 
189.1   PRECINCT VOTES.] 
189.2      For regularly scheduled municipal elections held in 
189.3   November of an even-numbered year, the county auditor shall 
189.4   enter the votes in each precinct for the questions and offices 
189.5   voted on in the municipal election into the election results 
189.6   reporting system provided by the secretary of state. 
189.7      For regularly scheduled municipal elections held in an 
189.8   odd-numbered year, the municipal clerk or county auditor must 
189.9   enter the votes in each precinct for the offices and questions 
189.10  voted on in the municipality into the election results reporting 
189.11  system provided by the secretary of state if the county auditor 
189.12  or municipal clerk has notified the secretary of state of intent 
189.13  to use the election results reporting system for the election. 
189.14     Sec. 66.  [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 
189.15  CANDIDATE FILING.] 
189.16     Subdivision 1.  [EVEN-NUMBERED YEAR.] For regularly 
189.17  scheduled school district elections held in an even-numbered 
189.18  year, the school district clerk must provide the offices and 
189.19  questions to be voted on in the school district and the list of 
189.20  candidates for each office to the county auditor for entry into 
189.21  the election results reporting system provided by the secretary 
189.22  of state no later than 46 days prior to the election.  
189.23     Subd. 2.  [ODD-NUMBERED YEAR.] For regularly scheduled 
189.24  school district elections held in an odd-numbered year, the 
189.25  school district clerk or county auditor must enter the offices 
189.26  and questions to be voted on in the school district and the list 
189.27  of candidates for each office into the election results 
189.28  reporting system no later than 46 days prior to the election if 
189.29  the county auditor or school district has notified the secretary 
189.30  of state of intent to use the election results reporting system 
189.31  for the election. 
189.32     Sec. 67.  [205A.076] [ELECTION RESULTS REPORTING SYSTEM; 
189.33  PRECINCT VOTES.] 
189.34     For regularly scheduled school district elections held in 
189.35  an even-numbered year, the county auditor shall enter the votes 
189.36  in each precinct for the questions and offices voted on in the 
190.1   school district election into the election results reporting 
190.2   system provided by the secretary of state.  
190.3      For regularly scheduled school district elections held in 
190.4   an odd-numbered year, the school district clerk or county 
190.5   auditor must enter the votes in each precinct for the offices 
190.6   and questions voted on in the school district into the election 
190.7   results reporting system if the county auditor or municipal 
190.8   clerk has notified the secretary of state of intent to use the 
190.9   election results reporting system for the election. 
190.10     Sec. 68.  Minnesota Statutes 2002, section 204C.13, is 
190.11  amended by adding a subdivision to read: 
190.12     Subd. 8.  [SPOILED BALLOTS.] If a voter spoils a ballot by 
190.13  inadvertently defacing it or requests a new ballot, the voter 
190.14  shall hand the ballot to the election judge.  The election judge 
190.15  may only look at the portion of the ballot containing precinct 
190.16  information in order to determine what style of replacement 
190.17  ballot to give the voter.  The election judge shall place the 
190.18  ballot in the spoiled ballot envelope and give the voter another 
190.19  ballot. 
190.20     Sec. 69.  Minnesota Statutes 2002, section 206.56, 
190.21  subdivision 7, is amended to read: 
190.22     Subd. 7.  [COUNTING CENTER.] "Counting center" means a 
190.23  place selected by the governing body of a municipality the area 
190.24  in a polling place where an electronic voting system is used for 
190.25  the automatic processing and counting of ballots cast in that 
190.26  polling place.  For ballots cast pursuant to section 204B.45 or 
190.27  204B.46, "counting center" means a place selected by the 
190.28  governing body of a municipality where an electronic voting 
190.29  system is used for the automatic processing and counting of 
190.30  ballots.  
190.31     Sec. 70.  Minnesota Statutes 2002, section 206.64, 
190.32  subdivision 1, is amended to read: 
190.33     Subdivision 1.  [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 
190.34  VOTING.] Each electronic voting system booth must be placed and 
190.35  protected so that it is accessible to only one voter at a time 
190.36  and is in full view of all the election judges and challengers 
191.1   at the polling place.  The election judges shall admit one 
191.2   individual at a time to each booth after determining that the 
191.3   individual is eligible to vote.  Voting by electronic voting 
191.4   system must be secret, except for voters who need assistance.  A 
191.5   voter may remain inside the voting booth for three minutes a 
191.6   reasonable time.  A voter who refuses to leave the voting booth 
191.7   after three minutes a reasonable time must be removed by the 
191.8   election judges.  In no case may the time limit be construed to 
191.9   be less than three minutes.  No time limit applies to a voter 
191.10  using assistive voting technology. 
191.11     Sec. 71.  Minnesota Statutes 2002, section 375.101, is 
191.12  amended by adding a subdivision to read: 
191.13     Subd. 1a.  [APPOINTMENTS TO FILL VACANCIES.] In addition to 
191.14  the events set forth in subdivision 3, a vacancy in the office 
191.15  of county commissioner occurring as a result of the death of the 
191.16  commissioner may be filled by board appointment at a regular or 
191.17  special meeting.  The appointment shall be evidenced by a 
191.18  resolution entered in the minutes and shall continue until an 
191.19  election is held under this subdivision.  All elections to fill 
191.20  vacancies shall be for the unexpired term.  If the vacancy 
191.21  occurs before the first day to file affidavits of candidacy for 
191.22  the next county general election and more than two years remain 
191.23  in the unexpired term, a special election shall be held in 
191.24  conjunction with the county general election.  The appointed 
191.25  person shall serve until the qualification of the successor 
191.26  elected to fill the unexpired part of the term at that special 
191.27  election.  If the vacancy occurs on or after the first day to 
191.28  file affidavits of candidacy for the county general election, or 
191.29  when less than two years remain in the unexpired term, there 
191.30  shall be no special election to fill the vacancy and the 
191.31  appointed person shall serve the remainder of the unexpired term 
191.32  and until a successor is elected and qualifies at the county 
191.33  general election. 
191.34     Sec. 72.  [REPEALER.] 
191.35     (a) Minnesota Statutes 2002, section 203B.02, subdivision 
191.36  1a, is repealed. 
192.1      (b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700; 
192.2   8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 
192.3   8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 
192.4   8210.0200; 8210.0225; 8210.0500; 8210.0600; 8210.0700; 
192.5   8210.0800; 8210.2300; 8210.2400; 8210.3000; 8230.3950; and 
192.6   8230.4050, are repealed. 
192.7      Sec. 73.  [EFFECTIVE DATE.] 
192.8      Sections 1 to 68, 71, and 72 are effective the day 
192.9   following final enactment. 
192.10     Section 69 is effective July 1, 2006. 
192.11                             ARTICLE 9
192.12            ELECTRONIC REAL ESTATE RECORDING TASK FORCE 
192.13     Section 1.  Laws 2000, chapter 391, section 1, subdivision 
192.14  1, is amended to read: 
192.15     Subdivision 1.  [TASK FORCE; MEMBERSHIP.] (a) The secretary 
192.16  of state shall establish serve as the chair of a task force of 
192.17  15 members to study and make recommendations for the 
192.18  establishment of a system for the electronic filing and 
192.19  recording of real estate documents.  Members who are appointed 
192.20  under this section shall serve for a term of two years 
192.21  commencing on June 30, 2004.  Upon expiration of their term, 
192.22  members may be reappointed for an additional year by their 
192.23  appointing authority.  Two county board members to be appointed 
192.24  by the Association of Minnesota Counties, including one board 
192.25  member from within the seven-county metropolitan area, as 
192.26  designated under Minnesota Statutes, section 16E.02, shall serve 
192.27  as the vice chairs of the task force.  The task force must 
192.28  include: 
192.29     (1) two members of the senate appointed by the subcommittee 
192.30  on committees of the committee on rules and administration and 
192.31  two members of the house appointed by the speaker of the house; 
192.32     (2) representatives of county recorders and other three 
192.33  county government officials appointed by the association of 
192.34  county officers, including one county recorder, one county 
192.35  auditor, and one county treasurer; 
192.36     (2) the commissioner of administration or the designee of 
193.1   the commissioner; 
193.2      (3) seven members from the private sector appointed by the 
193.3   chair, including representatives of: 
193.4      (i) real estate attorneys, real estate agents, and public 
193.5   and private land surveyors; 
193.6      (4) representatives of (ii) title companies, mortgage 
193.7   companies, and other real estate lenders; and 
193.8      (5) a representative of the Minnesota historical society 
193.9   and other state and local government archivists; 
193.10     (6) (iii) technical and industry experts in electronic 
193.11  commerce and electronic records management and preservation; and 
193.12     (7) representatives of federal government-sponsored 
193.13  enterprises active in the real estate industry; 
193.14     (8) the commissioner of revenue; and 
193.15     (9) other members appointed by the secretary of state 
193.16     (4) a representative selected by the Minnesota Historical 
193.17  Society.  
193.18     (b) The task force may refer items to subcommittees.  The 
193.19  chair shall appoint the membership of a subcommittee.  An 
193.20  individual may be appointed to serve on a subcommittee without 
193.21  serving on the task force. 
193.22     (c) Any member of the task force representing a 
193.23  jurisdiction or private interest receiving funding from the task 
193.24  force in any way must resign from the task force and be replaced 
193.25  by the member's appointing authority. 
193.26     Sec. 2.  Laws 2000, chapter 391, section 1, subdivision 2, 
193.27  is amended to read: 
193.28     Subd. 2.  [STUDY AND RECOMMENDATIONS.] The task force shall 
193.29  study and make recommendations regarding implementation of a 
193.30  system for electronic filing and recording of real estate 
193.31  documents and shall consider:  
193.32     (1) technology and computer needs; 
193.33     (2) legal issues such as authenticity, security, timing and 
193.34  priority of recordings, and the relationship between electronic 
193.35  and paper recording systems; 
193.36     (3) cost-effectiveness of electronic recording systems; 
194.1      (4) timetable and plan for implementing an electronic 
194.2   recording system, considering types of documents and entities 
194.3   using the system and volume of recordings; 
194.4      (5) permissive versus mandatory systems; and 
194.5      (6) other relevant issues identified by the task force.  
194.6      The task force shall submit a report to the legislature by 
194.7   January 15, 2001, outlining a proposed work plan and budget for 
194.8   consideration by the legislature.  By January 15, 2005, the task 
194.9   force shall provide an updated report to the legislature 
194.10  containing a revised work plan and budget.  The task force 
194.11  expires June 30, 2003 2007. 
194.12     Sec. 3.  Laws 2001, First Special Session chapter 10, 
194.13  article 2, section 77, the effective date, is amended to read: 
194.14     <b>[EFFECTIVE DATE.]</b> This section is effective only between 
194.15  August 1, 2001, and June 30, 2003 2007. 
194.16     Sec. 4.  Laws 2002, chapter 365, section 9, is amended to 
194.17  read: 
194.18     Sec. 9.  [EFFECTIVE DATES AND APPLICATION.] 
194.19     The amendments made by sections 3 and 4 are effective until 
194.20  June 30, 2004 2007, for documents last acknowledged ten or more 
194.21  days after the date of final enactment of this act; or filed 45 
194.22  days or more after the date of final enactment.  Sections 6 to 8 
194.23  are effective the day following final enactment. 
194.24     Sec. 5.  Laws 2003, First Special Session chapter 1, 
194.25  article 2, section 123, is amended to read: 
194.26     Sec. 123.  [REAL ESTATE FILING SURCHARGE.] 
194.27     All funds collected during the fiscal year ending June 30, 
194.28  2007, the fiscal year ending June 30, 2006, the fiscal year 
194.29  ending June 30, 2005, the fiscal year ending June 30, 2004, and 
194.30  funds collected in the fiscal year ending June 30, 2003, that 
194.31  carry forward into the fiscal year ending June 30, 2004, 
194.32  pursuant to the additional 50-cent surcharges imposed by Laws 
194.33  2001, First Special Session chapter 10, article 2, section 77, 
194.34  and Laws 2002, chapter 365, as amended by this act, are 
194.35  appropriated to the legislative coordinating commission for the 
194.36  real estate task force established by Laws 2000, chapter 391, 
195.1   for the purposes set forth in Laws 2001, First Special Session 
195.2   chapter 10, article 2, sections 98 to 101.  $25,000 in each 
195.3   fiscal year from those funds are to be retained by the 
195.4   legislative coordinating commission for the services described 
195.5   in Laws 2001, First Special Session chapter 10, article 2, 
195.6   section 99. 
195.7      Sec. 6.  [TASK FORCE TRANSITION.] 
195.8      The members of the electronic real estate document task 
195.9   force created in Laws 2000, chapter 391, section 1, who are 
195.10  serving on the task force on the effective date of this act 
195.11  shall end their service on that date unless reappointed or 
195.12  designated under section 1. 
195.13     Sec. 7.  [EFFECTIVE DATE.] 
195.14     Sections 1 to 6 are effective the day following final 
195.15  enactment.