1.1 	A bill for an act
1.2 	relating to elections; changing certain requirements
1.3 	and provisions; amending Minnesota Statutes 2004,
1.4 	sections 3.02; 10A.01, subdivisions 5, 9, by adding a
1.5 	subdivision; 10A.025, by adding a subdivision;
1.6 	10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5;
1.7 	10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31,
1.8 	subdivision 4; 123B.63, subdivision 3; 126C.17,
1.9 	subdivision 11; 200.02, subdivisions 7, 23, by adding
1.10 	a subdivision; 201.061, subdivision 3; 201.071,
1.11 	subdivision 1; 201.091, subdivision 5; 203B.01,
1.12 	subdivision 3; 203B.02, subdivision 1; 203B.04,
1.13 	subdivisions 1, 4, by adding a subdivision; 203B.07,
1.14 	subdivision 2; 203B.11, subdivision 1; 203B.12,
1.15 	subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
1.16 	203B.24, subdivision 1; 204B.10, subdivision 6;
1.17 	204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
1.18 	204B.18, subdivision 1; 204B.22, subdivision 3;
1.19 	204B.27, subdivisions 1, 3; 204B.33; 204C.05,
1.20 	subdivision 1a, by adding a subdivision; 204C.08,
1.21 	subdivision 1; 204C.24, subdivision 1; 204C.28,
1.22 	subdivision 1; 204C.50, subdivision 1; 204D.03,
1.23 	subdivision 1; 204D.14, subdivision 3; 204D.27,
1.24 	subdivision 5; 205.10, subdivision 3; 205.175,
1.25 	subdivision 2; 205A.05, subdivision 1; 205A.09,
1.26 	subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by
1.27 	adding subdivisions; 206.57, subdivisions 1, 5, by
1.28 	adding a subdivision; 206.58, subdivision 1; 206.61,
1.29 	subdivisions 4, 5; 206.64, subdivision 1; 206.80;
1.30 	206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
1.31 	subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90,
1.32 	subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04,
1.33 	subdivision 1; 208.05; 208.06; 208.07; 208.08;
1.34 	211B.01, subdivision 3; 211B.13, subdivision 1;
1.35 	358.11; 373.40, subdivision 2; 375.20; 414.01, by
1.36 	adding a subdivision; 447.32, subdivision 4; 458.40;
1.37 	465.82, subdivision 2; 465.84; 469.053, subdivision 5;
1.38 	469.0724; 469.190, subdivision 5; 471.895, subdivision
1.39 	3; 475.521, subdivision 2; 475.58, subdivisions 1, 1a;
1.40 	475.59; proposing coding for new law in Minnesota
1.41 	Statutes, chapters 204D; 205; 205A; 414; repealing
1.42 	Minnesota Statutes 2004, sections 204B.22, subdivision
1.43 	2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision
1.44 	7; 205.175; 205A.09; Minnesota Rules, parts 4501.0300,
1.45 	subparts 1, 4; 4501.0500, subpart 4; 4501.0600;
1.46 	4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400,
2.1 	subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.
2.2 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.3 	ARTICLE 1

2.4 	Section 1. Minnesota Statutes 2004, section 10A.01,
2.5 	subdivision 5, is amended to read:
2.6 		Subd. 5.Associated business.  "Associated business"
2.7 	means an association, corporation, partnership, limited
2.8 	liability company, limited liability partnership, or other
2.9 	organized legal entity from which the individual receives
2.10 	compensation in excess of $50, except for actual and reasonable
2.11 	expenses, in any month as a director, officer, owner, member,
2.12 	partner, employer or employee, or whose securities the
2.13 	individual holds worth $2,500 or more at fair market value.

2.14 	Sec. 2. Minnesota Statutes 2004, section 10A.01,
2.15 	subdivision 9, is amended to read:
2.16 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
2.17 	"expenditure" means a purchase or payment of money or anything
2.18 	of value, or an advance of credit, made or incurred for the
2.19 	purpose of influencing the nomination or election of a candidate
2.20 	or for the purpose of promoting or defeating a ballot question.
2.21 	"Campaign expenditure" includes payments for attending a
2.22 	state or national convention and payments for funeral gifts or
2.23 	memorials.
2.24 	An expenditure is considered to be made in the year in
2.25 	which the candidate made the purchase of goods or services or
2.26 	incurred an obligation to pay for goods or services.
2.27 	An expenditure made for the purpose of defeating a
2.28 	candidate is considered made for the purpose of influencing the
2.29 	nomination or election of that candidate or any opponent of that
2.30 	candidate.
2.31 	Except as provided in clause (1), "expenditure" includes
2.32 	the dollar value of a donation in kind.
2.33 	"Expenditure" does not include:
2.34 	(1) noncampaign disbursements as defined in subdivision 26;
2.35 	(2) services provided without compensation by an individual
2.36 	volunteering personal time on behalf of a candidate, ballot
3.1 	question, political committee, political fund, principal
3.2 	campaign committee, or party unit; or
3.3 	(3) the publishing or broadcasting of news items or
3.4 	editorial comments by the news media.
3.5 	
EFFECTIVE DATE. This section is effective the day
3.6 	following final enactment.

3.7 	Sec. 3. Minnesota Statutes 2004, section 10A.01, is
3.8 	amended by adding a subdivision to read:
3.9 		Subd. 17c.Immediate family. "Immediate family" means an
3.10 	individual and the individual's spouse, children, parents, and
3.11 	siblings.

3.12 	Sec. 4. Minnesota Statutes 2004, section 10A.025, is
3.13 	amended by adding a subdivision to read:
3.14 		Subd. 1a.Electronic filing. A report or statement
3.15 	required to be filed under this chapter may be filed
3.16 	electronically.  The board shall adopt rules to regulate
3.17 	electronic filing and to ensure that the electronic filing
3.18 	process is secure.

3.19 	Sec. 5. Minnesota Statutes 2004, section 10A.071,
3.20 	subdivision 3, is amended to read:
3.21 		Subd. 3.Exceptions.  (a) The prohibitions in this
3.22 	section do not apply if the gift is:
3.23 	(1) a contribution as defined in section 10A.01,
3.24 	subdivision 11;
3.25 	(2) services to assist an official in the performance of
3.26 	official duties, including but not limited to providing advice,
3.27 	consultation, information, and communication in connection with
3.28 	legislation, and services to constituents;
3.29 	(3) services of insignificant monetary value;
3.30 	(4) a plaque or similar memento recognizing individual
3.31 	services in a field of specialty or to a charitable cause;
3.32 	(5) a trinket or memento of insignificant with an actual
3.33 	market value of $15 or less;
3.34 	(6) informational material of unexceptional value; or 
3.35 	(7) food or a beverage given at a reception, meal, or
3.36 	meeting away from the recipient's place of work by an
4.1 	organization before whom the recipient appears to make a speech
4.2 	or answer questions as part of a program; or 
4.3 	(8) food or a beverage given at a reception held within the
4.4 	seven-county metropolitan area while the legislature is in
4.5 	session and to which all members of the legislature have been
4.6 	invited, and the cost does not exceed $5 for each legislator.
4.7 	(b) The prohibitions in this section do not apply if the
4.8 	gift is given:
4.9 	(1) because of the recipient's membership in a group, a
4.10 	majority of whose members are not officials, and an equivalent
4.11 	gift is given to the other members of the group; or
4.12 	(2) by a lobbyist or principal who is a member of the
4.13 	family of the recipient, unless the gift is given on behalf of
4.14 	someone who is not a member of that family.
4.15 	
EFFECTIVE DATE. This section is effective the day
4.16 	following final enactment.

4.17 	Sec. 6. Minnesota Statutes 2004, section 10A.08, is
4.18 	amended to read:
4.19 	10A.08 REPRESENTATION DISCLOSURE.
4.20 	A public official who represents a client for a fee before
4.21 	an individual, board, commission, or agency that has rulemaking
4.22 	authority in a hearing conducted under chapter 14, must disclose
4.23 	the official's participation in the action to the board within
4.24 	14 days after the appearance.  The board must send a notice by
4.25 	certified mail to any public official who fails to disclose the
4.26 	participation within 14 days after the appearance.  If the
4.27 	public official fails to disclose the participation within ten
4.28 	business days after the notice was sent, the board may impose a
4.29 	late filing fee of $5 per day, not to exceed $100, starting on
4.30 	the 11th day after the notice was sent. The board must send an
4.31 	additional notice by certified mail to a public official who
4.32 	fails to disclose the participation within 14 days after the
4.33 	first notice was sent by the board that the public official may
4.34 	be subject to a civil penalty for failure to disclose the
4.35 	participation.  A public official who fails to disclose the
4.36 	participation within seven days after the second notice was sent
5.1 	by the board is subject to a civil penalty imposed by the board
5.2 	of up to $1,000.

5.3 	Sec. 7. Minnesota Statutes 2004, section 10A.20,
5.4 	subdivision 5, is amended to read:
5.5 		Subd. 5.Preelection reports.  In a statewide election
5.6 	any loan, contribution, or contributions from any one source
5.7 	totaling $2,000 or more, or in any judicial district or
5.8 	legislative election totaling more than $400, received between
5.9 	the last day covered in the last report before an election and
5.10 	the election must be reported to the board in one of the
5.11 	following ways:
5.12 	(1) in person within 48 hours after its receipt;
5.13 	(2) by telegram or mailgram within 48 hours after its
5.14 	receipt; or 
5.15 	(3) by certified mail sent within 48 hours after its
5.16 	receipt; or 
5.17 	(4) by electronic means sent within 48 hours after its
5.18 	receipt.
5.19 	These loans and contributions must also be reported in the
5.20 	next required report.
5.21 	The 48-hour notice requirement does not apply with respect
5.22 	to a primary in which the statewide or legislative candidate is
5.23 	unopposed.

5.24 	Sec. 8. Minnesota Statutes 2004, section 10A.27,
5.25 	subdivision 1, is amended to read:
5.26 		Subdivision 1.Contribution limits.  (a) Except as
5.27 	provided in subdivision 2, a candidate must not permit the
5.28 	candidate's principal campaign committee to accept aggregate
5.29 	contributions made or delivered by any individual, political
5.30 	committee, or political fund in excess of the following:
5.31 	(1) to candidates for governor and lieutenant governor
5.32 	running together, $2,000 in an election year for the office
5.33 	sought and $500 in other years;
5.34 	(2) to a candidate for attorney general, $1,000 in an
5.35 	election year for the office sought and $200 in other years;
5.36 	(3) to a candidate for the office of secretary of state or
6.1 	state auditor, $500 in an election year for the office sought
6.2 	and $100 in other years;
6.3 	(4) to a candidate for state senator, $500 in an election
6.4 	year for the office sought and $100 in other years; and
6.5 	(5) to a candidate for state representative, $500 in an
6.6 	election year for the office sought and $100 in the other year.
6.7 	(b) The following deliveries are not subject to the
6.8 	bundling limitation in this subdivision:
6.9 	(1) delivery of contributions collected by a member of the
6.10 	candidate's principal campaign committee, such as a block worker
6.11 	or a volunteer who hosts a fund-raising event, to the
6.12 	committee's treasurer; and
6.13 	(2) a delivery made by an individual on behalf of the
6.14 	individual's spouse.
6.15 	(c) A lobbyist,political committee, political party unit,
6.16 	or political fund must not make a contribution a candidate is
6.17 	prohibited from accepting.

6.18 	Sec. 9. Minnesota Statutes 2004, section 10A.28,
6.19 	subdivision 2, is amended to read:
6.20 		Subd. 2.Exceeding contribution limits.  A lobbyist,
6.21 	political committee, political fund, political party unit,or
6.22 	principal campaign committee that makes a contribution, or a
6.23 	candidate who permits the candidate's principal campaign
6.24 	committee to accept contributions, in excess of the limits
6.25 	imposed by section 10A.27 is subject to a civil penalty of up to
6.26 	four times the amount by which the contribution exceeded the
6.27 	limits.

6.28 	Sec. 10. Minnesota Statutes 2004, section 10A.31,
6.29 	subdivision 4, is amended to read:
6.30 		Subd. 4.Appropriation.  (a) The amounts designated by
6.31 	individuals for the state elections campaign fund, less three
6.32 	percent, are appropriated from the general fund, must be
6.33 	transferred and credited to the appropriate account in the state
6.34 	elections campaign fund, and are annually appropriated for
6.35 	distribution as set forth in subdivisions 5, 5a, 6, and 7.  The
6.36 	remaining three percent must be kept in the general fund for
7.1 	administrative costs.
7.2 	(b) In addition to the amounts in paragraph (a), $1,500,000
7.3 	for each general election is appropriated from the general fund
7.4 	for transfer to the general account of the state elections
7.5 	campaign fund.
7.6 	Of this appropriation, $65,000 each fiscal year must be set
7.7 	aside to pay assessments made by the Office of Administrative
7.8 	Hearings under section 211B.37for nonfrivolous complaints.
7.9 	Amounts remaining after all assessments have been paid must be
7.10 	canceled to the general account.

7.11 	Sec. 11. Minnesota Statutes 2004, section 203B.04, is
7.12 	amended by adding a subdivision to read:
7.13 		Subd. 6.Ongoing absentee status; termination. (a) An
7.14 	eligible voter may apply to a county auditor or municipal clerk
7.15 	for status as an ongoing absentee voter who reasonably expects
7.16 	to meet the requirements of section 203B.02, subdivision 1.
7.17 	Each applicant must automatically be provided with an absentee
7.18 	ballot application for each ensuing election other than an
7.19 	election by mail conducted under section 204B.45, and must have
7.20 	the status of ongoing absentee voter indicated on the voter's
7.21 	registration record.
7.22 	(b) Ongoing absentee voter status ends on:
7.23 	(1) the voter's written request;
7.24 	(2) the voter's death;
7.25 	(3) return of an ongoing absentee ballot as undeliverable;
7.26 	(4) a change in the voter's status so that the voter is not
7.27 	eligible to vote under section 201.15 or 201.155; or 
7.28 	(5) placement of the voter's registration on inactive
7.29 	status under section 201.171.

7.30 	Sec. 12. Minnesota Statutes 2004, section 204C.24,
7.31 	subdivision 1, is amended to read:
7.32 		Subdivision 1.Information requirements.  Precinct
7.33 	summary statements shall be submitted by the election judges in
7.34 	every precinct.  For state all elections, the election judges
7.35 	shall complete three or more copies of the summary statements,
7.36 	and each copy shall contain the following information for each
8.1 	kind of ballot:
8.2 	(a) the number of votes each candidate received or the
8.3 	number of yes and no votes on each question, the number of
8.4 	undervotes or partially blank ballots, and the number of
8.5 	overvotes or partially defective ballots with respect to each
8.6 	office or question;
8.7 	(b) the number of totally blank ballots, the number of
8.8 	totally defective ballots, the number of spoiled ballots, and
8.9 	the number of unused ballots;
8.10 	(c) the number of individuals who voted at the election in
8.11 	the precinct;
8.12 	(d) the number of voters registering on election day in
8.13 	that precinct; and
8.14 	(e) the signatures of the election judges who counted the
8.15 	ballots certifying that all of the ballots cast were properly
8.16 	piled, checked, and counted; and that the numbers entered by the
8.17 	election judges on the summary statements correctly show the
8.18 	number of votes cast for each candidate and for and against each
8.19 	question.
8.20 	At least two copies of the summary statement must be
8.21 	prepared for elections not held on the same day as the state
8.22 	elections.

8.23 	Sec. 13. Minnesota Statutes 2004, section 204C.50,
8.24 	subdivision 1, is amended to read:
8.25 		Subdivision 1.Selection for review; notice.  (a)
8.26 	Postelection review under this section must be conducted only on
8.27 	the election for president, senator or representative in
8.28 	Congress, constitutional offices, and legislative offices.
8.29 	(b) The Office of the Secretary of State shall, within
8.30 	three days after each state general election beginning in 2006,
8.31 	randomly select 80 precincts for postelection review as defined
8.32 	in this section.  The precincts must be selected so that an
8.33 	equal number of precincts are selected in each congressional
8.34 	district of the state.  Of the precincts in each congressional
8.35 	district, at least five must have had more than 500 votes cast,
8.36 	and at least two must have had fewer than 500 votes cast.  The
9.1 	secretary of state must promptly provide notices of which
9.2 	precincts are chosen to the election administration officials
9.3 	who are responsible for the conduct of elections in those
9.4 	precincts.
9.5 	(b) (c) One week before the state general election
9.6 	beginning in 2006, the secretary of state must post on the
9.7 	office Web site the date, time, and location at which precincts
9.8 	will be randomly chosen for review under this section.  The
9.9 	chair of each major political party may appoint a designee to
9.10 	observe the random selection process.

9.11 	Sec. 14. Minnesota Statutes 2004, section 204D.03,
9.12 	subdivision 1, is amended to read:
9.13 		Subdivision 1.State primary. (a) The state primary
9.14 	shall be held on the first Tuesday after the second Monday in
9.15 	September in each even-numbered year to select the nominees of
9.16 	the major political parties for partisan offices and the
9.17 	nominees for nonpartisan offices to be filled at the state
9.18 	general election, other than presidential electors.
9.19 	(b) If in any municipality or county there are no partisan
9.20 	or nonpartisan offices for which nominees must be selected at
9.21 	the state primary, no state primary shall be held in the
9.22 	municipality or county.  However, no later than 15 days after
9.23 	the close of filings, the municipal clerk or county auditor in
9.24 	such a municipality or county must post a notice in the office,
9.25 	and send a copy of the notice to the secretary of state, stating
9.26 	that no primary will be held in the municipality or county
9.27 	because there are no partisan or nonpartisan offices for which
9.28 	nominees must be selected in the municipality or county.

9.29 	Sec. 15. Minnesota Statutes 2004, section 206.57,
9.30 	subdivision 5, is amended to read:
9.31 		Subd. 5.Voting system for disabled voters. In federal
9.32 	and state elections held after December 31, 2005, and in county,
9.33 	municipal, and school district elections held after December 31,
9.34 	2007,the voting method used in each polling place must include
9.35 	a voting system that is accessible for individuals with
9.36 	disabilities, including nonvisual accessibility for the blind
10.1 	and visually impaired in a manner that provides the same
10.2 	opportunity for access and participation, including privacy and
10.3 	independence, as for other voters.

10.4 	Sec. 16. Minnesota Statutes 2004, section 208.03, is
10.5 	amended to read:
10.6 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
10.7 	Presidential electors for the major political parties of
10.8 	this state shall be nominated by delegate conventions called and
10.9 	held under the supervision of the respective state central
10.10 	committees of the parties of this state.  On or before primary
10.11 	election day the chair of the major political party shall
10.12 	certify to the secretary of state the names of the persons
10.13 	nominated as presidential electors, the names of eight alternate
10.14 	presidential electors,and the names of the party candidates for
10.15 	president and vice-president.

10.16 	Sec. 17. Minnesota Statutes 2004, section 208.04,
10.17 	subdivision 1, is amended to read:
10.18 		Subdivision 1.Form of presidential ballots.  When
10.19 	presidential electors and alternates are to be voted for, a vote
10.20 	cast for the party candidates for president and vice-president
10.21 	shall be deemed a vote for that party's electors and alternates 
10.22 	as filed with the secretary of state.  The secretary of state
10.23 	shall certify the names of all duly nominated presidential and
10.24 	vice-presidential candidates to the county auditors of the
10.25 	counties of the state.  Each county auditor, subject to the
10.26 	rules of the secretary of state, shall cause the names of the
10.27 	candidates of each major political party and the candidates
10.28 	nominated by petition to be printed in capital letters, set in
10.29 	type of the same size and style as for candidates on the state
10.30 	white ballot, before the party designation.  To the left of, and
10.31 	on the same line with the names of the candidates for president
10.32 	and vice-president, near the margin, shall be placed a square or
10.33 	box, in which the voters may indicate their choice by marking an
10.34 	"X."
10.35 	The form for the presidential ballot and the relative
10.36 	position of the several candidates shall be determined by the
11.1 	rules applicable to other state officers.  The state ballot,
11.2 	with the required heading, shall be printed on the same piece of
11.3 	paper and shall be below the presidential ballot with a blank
11.4 	space between one inch in width.

11.5 	Sec. 18. Minnesota Statutes 2004, section 208.05, is
11.6 	amended to read:
11.7 	208.05 STATE CANVASSING BOARD.
11.8 	The State Canvassing Board at its meeting on the second
11.9 	Tuesday after each state general election shall open and canvass
11.10 	the returns made to the secretary of state for presidential
11.11 	electors and alternates, prepare a statement of the number of
11.12 	votes cast for the persons receiving votes for these offices,
11.13 	and declare the person or persons receiving the highest number
11.14 	of votes for each office duly elected.  When it appears that
11.15 	more than the number of persons to be elected as presidential
11.16 	electors or alternates have the highest and an equal number of
11.17 	votes, the secretary of state, in the presence of the board
11.18 	shall decide by lot which of the persons shall be declared
11.19 	elected.  The governor shall transmit to each person declared
11.20 	elected a certificate of election, signed by the governor,
11.21 	sealed with the state seal, and countersigned by the secretary
11.22 	of state.

11.23 	Sec. 19. Minnesota Statutes 2004, section 208.06, is
11.24 	amended to read:
11.25 	208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.
11.26 	The presidential electors and alternate presidential
11.27 	electors, before 12:00 M. on the day before that fixed by
11.28 	Congress for the electors to vote for president and
11.29 	vice-president of the United States, shall notify the governor
11.30 	that they are at the State Capitol and ready at the proper time
11.31 	to fulfill their duties as electors.  The governor shall deliver
11.32 	to the electors present a certificate of the names of all the
11.33 	electors.  If any elector named therein fails to appear before
11.34 	9:00 a.m. on the day, and at the place, fixed for voting for
11.35 	president and vice-president of the United States, an alternate,
11.36 	chosen from among the alternates by lot, shall be appointed to
12.1 	act for that elector.  If more than eight alternates are
12.2 	necessary,the electors present shall, in the presence of the
12.3 	governor, immediately elect by ballot a person to fill the
12.4 	vacancy.  If more than the number of persons required have the
12.5 	highest and an equal number of votes, the governor, in the
12.6 	presence of the electors attending, shall decide by lot which of
12.7 	those persons shall be elected.

12.8 	Sec. 20. Minnesota Statutes 2004, section 208.07, is
12.9 	amended to read:
12.10 	208.07 CERTIFICATE OF ELECTORS.
12.11 	Immediately after the vacancies have been filled, the
12.12 	original electors and alternates present shall certify to the
12.13 	governor the names of the persons elected to complete their
12.14 	number, and the governor shall at once cause written notice to
12.15 	be given to each person elected to fill a vacancy.  The persons
12.16 	so chosen shall be presidential electors and shall meet and act
12.17 	with the other electors.

12.18 	Sec. 21. Minnesota Statutes 2004, section 208.08, is
12.19 	amended to read:
12.20 	208.08 ELECTORS TO MEET AT STATE CAPITOL.
12.21 	The original, alternate,and substituted presidential
12.22 	electors, at 12:00 M., shall meet in the executive chamber at
12.23 	the State Capitol and shall perform all the duties imposed upon
12.24 	them as electors by the Constitution and laws of the United
12.25 	States and this state.
12.26 	Each elector, as a condition of having been chosen under
12.27 	the name of the party of a presidential and a vice-presidential
12.28 	candidate, is obligated to vote for those candidates.  The
12.29 	elector shall speak aloud or affirm in a nonverbal manner the
12.30 	name of the candidate for president and for vice-president for
12.31 	whom the elector is voting and then confirm that vote by written
12.32 	public ballot.
12.33 	If an elector fails to cast a ballot for the presidential
12.34 	or vice-presidential candidate of the party under whose name the
12.35 	elector was chosen, the elector's vote or abstention is
12.36 	invalidated and an alternate presidential elector, chosen by lot
13.1 	from among the alternates, shall cast a ballot in the name of
13.2 	the elector for the presidential and vice-presidential candidate
13.3 	of the party under whose name the elector was chosen.  The
13.4 	invalidation of an elector's vote or abstention on the ballot
13.5 	for president or vice-president does not apply if the
13.6 	presidential candidate under whose party's name the elector was
13.7 	chosen has without condition released the elector or has died or
13.8 	become mentally disabled.  The invalidation of an elector's vote
13.9 	or abstention on the ballot for vice-president does not apply if
13.10 	the vice-presidential candidate under whose party's name the
13.11 	elector was chosen has released without condition the elector or
13.12 	has died or become mentally disabled.

13.13 	Sec. 22. Minnesota Statutes 2004, section 211B.13,
13.14 	subdivision 1, is amended to read:
13.15 		Subdivision 1.Bribery, advancing money, and treating
13.16 	prohibited.  A person who willfully, directly or indirectly,
13.17 	advances, pays, gives, promises, or lends any money, food,
13.18 	liquor, clothing, entertainment, or other thing of monetary
13.19 	value, or who offers, promises, or endeavors to obtain any
13.20 	money, position, appointment, employment, or other valuable
13.21 	consideration, to or for a person, in order to induce a voter to
13.22 	refrain from voting, or to vote in a particular way, at an
13.23 	election, is guilty of a felony.  This section does not prevent
13.24 	a candidate from stating publicly preference for or support of
13.25 	another candidate to be voted for at the same primary or
13.26 	election.  Refreshments of food or and nonalcoholic beverages of
13.27 	nominal value consumed on the premises at a private gathering or
13.28 	public meeting or distributed at a public parade are not
13.29 	prohibited under this section.

13.30 	Sec. 23. Minnesota Statutes 2004, section 471.895,
13.31 	subdivision 3, is amended to read:
13.32 		Subd. 3.Exceptions.  (a) The prohibitions in this
13.33 	section do not apply if the gift is:
13.34 	(1) a contribution as defined in section 211A.01,
13.35 	subdivision 5;
13.36 	(2) services to assist an official in the performance of
14.1 	official duties, including but not limited to providing advice,
14.2 	consultation, information, and communication in connection with
14.3 	legislation, and services to constituents;
14.4 	(3) services of insignificant monetary value;
14.5 	(4) a plaque or similar memento recognizing individual
14.6 	services in a field of specialty or to a charitable cause;
14.7 	(5) a trinket or memento of insignificant with an actual
14.8 	market value of $5 or less;
14.9 	(6) informational material of unexceptional value; or
14.10 	(7) food or a beverage given at a reception, meal, or
14.11 	meeting away from the recipient's place of work by an
14.12 	organization before whom the recipient appears to make a speech
14.13 	or answer questions as part of a program.
14.14 	(b) The prohibitions in this section do not apply if the
14.15 	gift is given:
14.16 	(1) because of the recipient's membership in a group, a
14.17 	majority of whose members are not local officials, and an
14.18 	equivalent gift is given or offered to the other members of the
14.19 	group;
14.20 	(2) by an interested person who is a member of the family
14.21 	of the recipient, unless the gift is given on behalf of someone
14.22 	who is not a member of that family; or
14.23 	(3) by a national or multistate organization of
14.24 	governmental organizations or public officials, if a majority of
14.25 	the dues to the organization are paid from public funds, to
14.26 	attendees at a conference sponsored by that organization, if the
14.27 	gift is food or a beverage given at a reception or meal and an
14.28 	equivalent gift is given or offered to all other attendees.
14.29 	
EFFECTIVE DATE. This section is effective the day
14.30 	following final enactment.

14.31 	Sec. 24. REPEALER.
 14.32 	Minnesota Statutes 2004, section 204C.50, subdivision 7, is
14.33 	repealed.
14.34 	Minnesota Rules, parts 4501.0300, subparts 1 and 4;
14.35 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
14.36 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
15.1 	9; and 4503.0800, subpart 1, are repealed.

15.2 	ARTICLE 2

15.3 	Section 1. Minnesota Statutes 2004, section 3.02, is
15.4 	amended to read:
15.5 	3.02 EVIDENCE OF MEMBERSHIP.
15.6 	For all purposes of organization of either house of the
15.7 	legislature, a certificate of election to it, duly executed by
15.8 	the secretary of state, is prima facie evidence of the right to
15.9 	membership of the person named in it. The secretary of state
15.10 	shall issue the certificate of election in duplicate and shall
15.11 	file and retain one copy for the official records of the state
15.12 	and present one copy to each legislator.

15.13 	Sec. 2. Minnesota Statutes 2004, section 200.02,
15.14 	subdivision 7, is amended to read:
15.15 		Subd. 7.Major political party.  (a) "Major political
15.16 	party" means a political party that maintains a party
15.17 	organization in the state, political division or precinct in
15.18 	question and that has presented at least one candidate for
15.19 	election to the office of:
15.20 	(1) governor and lieutenant governor, secretary of state,
15.21 	state auditor, or attorney general at the last preceding state
15.22 	general election for those offices; or
15.23 	(2) presidential elector or U.S. senator at the last
15.24 	preceding state general election for presidential electors; and
15.25 	whose candidate received votes in each county in that
15.26 	election and received votes from not less than five percent of
15.27 	the total number of individuals who voted in that election.
15.28 	(b) "Major political party" also means a political party
15.29 	that maintains a party organization in the state, political
15.30 	subdivision, or precinct in question and whose members present
15.31 	to the secretary of state at any time before the close of filing
15.32 	for the state partisan primary ballot a petition for a place on
15.33 	the state partisan primary ballot, which petition contains
15.34 	signatures of a number of the party members equal to at least
15.35 	five percent of the total number of individuals who voted in the
15.36 	preceding state general election.
16.1 	(c) A political party whose candidate receives a sufficient
16.2 	number of votes at a state general election described in
16.3 	paragraph (a) becomes a major political party as of January 1
16.4 	following that election and retains its major party status
16.5 	notwithstanding that for at least two state general elections
16.6 	even if the party fails to present a candidate who receives the
16.7 	number and percentage of votes required under paragraph (a)
16.8 	at the following subsequent state general election elections.
16.9 	(d) A major political party whose candidates fail to
16.10 	receive the number and percentage of votes required under
16.11 	paragraph (a) at either each of two consecutive state general
16.12 	election elections described by paragraph (a) loses major party
16.13 	status as of December 31 following the most recent later of the
16.14 	two consecutive state general election elections.

16.15 	Sec. 3. Minnesota Statutes 2004, section 200.02,
16.16 	subdivision 23, is amended to read:
16.17 		Subd. 23.Minor political party.  (a) "Minor political
16.18 	party" means a political party that is not a major political
16.19 	party as defined by subdivision 7 and that has adopted a state
16.20 	constitution, designated a state party chair, held a state
16.21 	convention in the last two years, filed with the secretary of
16.22 	state no later than December 31 following the most recent state
16.23 	general election a certification that the party has met the
16.24 	foregoing requirements, and met the requirements of paragraph
16.25 	(b) or (e), as applicable.
16.26 	(b) To be considered a minor party in all elections
16.27 	statewide, the political party must have presented at least one
16.28 	candidate for election to the office of:
16.29 	(1) governor and lieutenant governor, secretary of state,
16.30 	state auditor, or attorney general, at the last preceding state
16.31 	general election for those offices; or
16.32 	(2) presidential elector or U.S. senator at the preceding
16.33 	state general election for presidential electors; and
16.34 	who received votes in each county that in the aggregate equal at
16.35 	least one percent of the total number of individuals who voted
16.36 	in the election, or its members must have presented to the
17.1 	secretary of state at any time before the close of filing for
17.2 	the state partisan primary ballot a nominating petition in a
17.3 	form prescribed by the secretary of state containing the
17.4 	signatures of party members in a number equal to at least one
17.5 	percent of the total number of individuals who voted in the
17.6 	preceding state general election.
17.7 	(c) A political party whose candidate receives a sufficient
17.8 	number of votes at a state general election described in
17.9 	paragraph (b) becomes a minor political party as of January 1
17.10 	following that election and retains its minor party status
17.11 	notwithstanding that for at least two state general elections
17.12 	even if the party fails to present a candidate who receives the
17.13 	number and percentage of votes required under paragraph (b)
17.14 	at the following subsequent state general election elections.
17.15 	(d) A minor political party whose candidates fail to
17.16 	receive the number and percentage of votes required under
17.17 	paragraph (b) at either each of two consecutive state general
17.18 	election elections described by paragraph (b) loses minor party
17.19 	status as of December 31 following the most recent later of the
17.20 	two consecutive state general election elections.
17.21 	(e) To be considered a minor party in an election in a
17.22 	legislative district, the political party must have presented at
17.23 	least one candidate for a legislative office in that district
17.24 	who received votes from at least ten percent of the total number
17.25 	of individuals who voted for that office, or its members must
17.26 	have presented to the secretary of state a nominating petition
17.27 	in a form prescribed by the secretary of state containing the
17.28 	signatures of party members in a number equal to at least ten
17.29 	percent of the total number of individuals who voted in the
17.30 	preceding state general election for that legislative office.

17.31 	Sec. 4. Minnesota Statutes 2004, section 200.02, is
17.32 	amended by adding a subdivision to read:
17.33 		Subd. 24.Metropolitan area. "Metropolitan area" means
17.34 	the counties of Ramsey, Hennepin, Anoka, Washington, Dakota,
17.35 	Scott, Carver, Wright, Sherburne, Isanti, and Chisago.

17.36 	Sec. 5. Minnesota Statutes 2004, section 201.061,
18.1 	subdivision 3, is amended to read:
18.2 		Subd. 3.Election day registration.  An individual who is
18.3 	eligible to vote may register on election day by appearing in
18.4 	person at the polling place for the precinct in which the
18.5 	individual maintains residence, by completing a registration
18.6 	application, making an oath in the form prescribed by the
18.7 	secretary of state and providing proof of residence.  An
18.8 	individual may prove residence for purposes of registering by:
18.9 	(1) presenting a driver's license or Minnesota
18.10 	identification card issued pursuant to section 171.07;
18.11 	(2) presenting any document approved by the secretary of
18.12 	state as proper identification;
18.13 	(3) presenting one of the following:
18.14 	(i) a current valid student identification card from a
18.15 	postsecondary educational institution in Minnesota, if a list of
18.16 	students from that institution has been prepared under section
18.17 	135A.17 and certified to the county auditor in the manner
18.18 	provided in rules of the secretary of state; or
18.19 	(ii) a current student fee statement that contains the
18.20 	student's valid address in the precinct together with a picture
18.21 	identification card; or
18.22 	(4) having a voter who is registered to vote in the
18.23 	precinct sign an oath in the presence of the election judge
18.24 	vouching that the voter personally knows that the individual is
18.25 	a resident of the precinct.  A voter who has been vouched for on
18.26 	election day may not sign a proof of residence oath vouching for
18.27 	any other individual on that election day.
18.28 	For tribal band members living on an Indian reservation, an
18.29 	individual may prove residence for purposes of registering by
18.30 	presenting an identification card issued by the tribal
18.31 	government of a tribe recognized by the Bureau of Indian
18.32 	Affairs, United States Department of the Interior, that contains
18.33 	the name, street address, signature, and picture of the
18.34 	individual. The county auditor of each county having territory
18.35 	within the reservation shall maintain a record of the number of
18.36 	election day registrations accepted under this section.
19.1 	A county, school district, or municipality may require that
19.2 	an election judge responsible for election day registration
19.3 	initial each completed registration application.

19.4 	Sec. 6. Minnesota Statutes 2004, section 201.071,
19.5 	subdivision 1, is amended to read:
19.6 		Subdivision 1.Form.  A voter registration application
19.7 	must be of suitable size and weight for mailing and contain
19.8 	spaces for the following required information:  voter's first
19.9 	name, middle name, and last name; voter's previous name, if any;
19.10 	voter's current address; voter's previous address, if any;
19.11 	voter's date of birth; voter's municipality and county of
19.12 	residence; voter's telephone number, if provided by the voter;
19.13 	date of registration; current and valid Minnesota driver's
19.14 	license number or Minnesota state identification number, or if
19.15 	the voter has no current and valid Minnesota driver's license or
19.16 	Minnesota state identification, the last four digits of the
19.17 	voter's Social Security number; and voter's signature.  The
19.18 	registration application may include the voter's e-mail address,
19.19 	if provided by the voter, and the voter's interest in serving as
19.20 	an election judge, if indicated by the voter.  The application
19.21 	must also contain the following certification of voter
19.22 	eligibility:
19.23 	"I certify that I:
19.24 	(1) will be at least 18 years old on election day;
19.25 	(2) am a citizen of the United States;
19.26 	(3) will have resided in Minnesota for 20 days immediately
19.27 	preceding election day;
19.28 	(4) maintain residence at the address given on the
19.29 	registration form;
19.30 	(5) am not under court-ordered guardianship of the person
19.31 	where I have not retained the right to vote;
19.32 	(6) have not been found by a court to be legally
19.33 	incompetent to vote;
19.34 	(7) have not been convicted of a felony without having my
19.35 	civil rights restored; and
19.36 	(8) have read and understand the following statement:  that
20.1 	giving false information is a felony punishable by not more than
20.2 	five years imprisonment or a fine of not more than $10,000, or
20.3 	both."
20.4 	The certification must include boxes for the voter to
20.5 	respond to the following questions:
20.6 	"(1) Are you a citizen of the United States?" and
20.7 	"(2) Will you be 18 years old on or before election day?"
20.8 	And the instruction:
20.9 	"If you checked 'no' to either of these questions, do not
20.10 	complete this form."
20.11 	The form of the voter registration application and the
20.12 	certification of voter eligibility must be as provided in this
20.13 	subdivision and approved by the secretary of state.  Voter
20.14 	registration forms authorized by the National Voter Registration
20.15 	Act may must also be accepted as valid. The federal postcard
20.16 	application form must also be accepted as valid if it is not
20.17 	deficient and the voter is eligible to register in Minnesota.
20.18 	An individual may use a voter registration application to
20.19 	apply to register to vote in Minnesota or to change information
20.20 	on an existing registration.

20.21 	Sec. 7. Minnesota Statutes 2004, section 201.091,
20.22 	subdivision 5, is amended to read:
20.23 		Subd. 5.Copy of list to registered voter.  The county
20.24 	auditors and the secretary of state shall provide copies of the
20.25 	public information lists in electronic or other media to any
20.26 	voter registered in Minnesota within ten days of receiving a
20.27 	written or electronic request accompanied by payment of the cost
20.28 	of reproduction.  The county auditors and the secretary of state
20.29 	shall make a copy of the list available for public inspection
20.30 	without cost.  An individual who inspects or acquires a copy of
20.31 	a public information list may not use any information contained
20.32 	in it for purposes unrelated to elections, political activities,
20.33 	or law enforcement.

20.34 	Sec. 8. Minnesota Statutes 2004, section 203B.01,
20.35 	subdivision 3, is amended to read:
20.36 		Subd. 3.Military.  "Military" means the Army, Navy, Air
21.1 	Force, Marine Corps, Coast Guard or Merchant Marine of the
21.2 	United States, and all other uniformed services as defined in
21.3 	United States Code, title 42, section 1973ff-6.

21.4 	Sec. 9. Minnesota Statutes 2004, section 203B.02,
21.5 	subdivision 1, is amended to read:
21.6 		Subdivision 1.unable to go to absence from polling
21.7 	place. (a) Any eligible voter who reasonably expects to be
21.8 	unable to go to absent from the polling place on election day in
21.9 	the precinct where the individual maintains residence because of
21.10 	absence from the precinct, illness, disability, religious
21.11 	discipline, observance of a religious holiday, or service as an
21.12 	election judge in another precinct may vote by absentee ballot 
21.13 	in person at any location where absentee ballots may be cast
21.14 	pursuant to sections 203B.081 and 203B.085, during the 18 days
21.15 	preceding any election.  This subdivision does not apply to a
21.16 	special election to fill a vacancy in office pursuant to
21.17 	sections 204D.17 to 204D.27 not held concurrently with a state
21.18 	primary or general election as provided in sections 203B.04 to
21.19 	203B.15.
21.20 	(b) Any eligible voter who reasonably expects to be unable
21.21 	to go to the polling place on election day in the precinct where
21.22 	the individual maintains residence because of absence from the
21.23 	precinct, illness, disability, religious discipline, observance
21.24 	of a religious holiday, or service as an election judge in
21.25 	another precinct may vote by absentee ballot as provided in
21.26 	sections 203B.04 to 203B.15.

21.27 	Sec. 10. Minnesota Statutes 2004, section 203B.04,
21.28 	subdivision 1, is amended to read:
21.29 		Subdivision 1.Application procedures.  Except as
21.30 	otherwise allowed by subdivision 2, an application for absentee
21.31 	ballots for any election may be submitted at any time not less
21.32 	than one day before the day of that election.  The county
21.33 	auditor shall prepare absentee ballot application forms in the
21.34 	format provided in the rules of by the secretary of state,
21.35 	notwithstanding rules on absentee ballot forms,and shall
21.36 	furnish them to any person on request. By January 1 of each
22.1 	even-numbered year, the secretary of state shall make the forms
22.2 	to be used available to auditors through electronic means.An
22.3 	application submitted pursuant to this subdivision shall be in
22.4 	writing and shall be submitted to:
22.5 	(a) the county auditor of the county where the applicant
22.6 	maintains residence; or
22.7 	(b) the municipal clerk of the municipality, or school
22.8 	district if applicable, where the applicant maintains residence.
22.9 	An application shall be approved if it is timely received,
22.10 	signed and dated by the applicant, contains the applicant's name
22.11 	and residence and mailing addresses, and states that the
22.12 	applicant is eligible to vote by absentee ballot for one of the
22.13 	reasons specified in section 203B.02.  The application may
22.14 	contain a request for the voter's date of birth, which must not
22.15 	be made available for public inspection.  An application may be
22.16 	submitted to the county auditor or municipal clerk by an
22.17 	electronic facsimile device.  An application mailed or returned
22.18 	in person to the county auditor or municipal clerk on behalf of
22.19 	a voter by a person other than the voter must be deposited in
22.20 	the mail or returned in person to the county auditor or
22.21 	municipal clerk within ten days after it has been dated by the
22.22 	voter and no later than six days before the election.  The
22.23 	absentee ballot applications or a list of persons applying for
22.24 	an absentee ballot may not be made available for public
22.25 	inspection until the close of voting on election day.
22.26 	An application under this subdivision may contain an
22.27 	application under subdivision 5 to automatically receive an
22.28 	absentee ballot application.

22.29 	Sec. 11. Minnesota Statutes 2004, section 203B.04,
22.30 	subdivision 4, is amended to read:
22.31 		Subd. 4.Registration at time of application.  An
22.32 	eligible voter who is not registered to vote but who is
22.33 	otherwise eligible to vote by absentee ballot may register by
22.34 	including a completed voter registration card with the absentee
22.35 	ballot.  The individual shall present proof of residence as
22.36 	required by section 201.061, subdivision 3, to the individual
23.1 	who witnesses the marking of the absentee ballots. A military
23.2 	voter, as defined in section 203B.01, may register in this
23.3 	manner if voting pursuant to sections 203B.04 to 203B.15, or may
23.4 	register pursuant to sections 203B.16 to 203B.27.

23.5 	Sec. 12. Minnesota Statutes 2004, section 203B.07,
23.6 	subdivision 2, is amended to read:
23.7 		Subd. 2.Design of envelopes.  The return envelope shall
23.8 	be of sufficient size to conveniently enclose and contain the
23.9 	ballot envelope and a voter registration card folded along its
23.10 	perforations.  The return envelope shall be designed to open on
23.11 	the left-hand end and, notwithstanding any rule to the contrary,
23.12 	the design must provide an additional flap that when sealed,
23.13 	conceals the signature, identification, and other information.
23.14 	Election officials may open the flap at any time after receiving
23.15 	the returned ballot to inspect the returned certificate for
23.16 	completeness or to ascertain other information.  A certificate
23.17 	of eligibility to vote by absentee ballot shall be printed on
23.18 	the right hand three-fourths of the back of the envelope.  The
23.19 	certificate shall contain a statement to be signed and sworn by
23.20 	the voter indicating that the voter meets all of the
23.21 	requirements established by law for voting by absentee ballot.
23.22 	The certificate shall also contain a statement signed by a
23.23 	person who is registered to vote in Minnesota or by a notary
23.24 	public or other individual authorized to administer oaths
23.25 	stating that:
23.26 	(a) the ballots were displayed to that individual unmarked;
23.27 	(b) the voter marked the ballots in that individual's
23.28 	presence without showing how they were marked, or, if the voter
23.29 	was physically unable to mark them, that the voter directed
23.30 	another individual to mark them; and
23.31 	(c) if the voter was not previously registered, the voter
23.32 	has provided proof of residence as required by section 201.061,
23.33 	subdivision 3.
23.34 	The county auditor or municipal clerk shall affix first
23.35 	class postage to the return envelopes.

23.36 	Sec. 13. Minnesota Statutes 2004, section 203B.11,
24.1 	subdivision 1, is amended to read:
24.2 		Subdivision 1.Generally.  Each full-time municipal clerk
24.3 	or school district clerk who has authority under section 203B.05
24.4 	to administer absentee voting laws shall designate election
24.5 	judges to deliver absentee ballots in accordance with this
24.6 	section.  The county auditor may must also designate election
24.7 	judges to perform the duties in this section.  A ballot may be
24.8 	delivered only to an eligible voter who is a temporary or
24.9 	permanent resident or patient in a health care facility or
24.10 	hospital located in the municipality in which the voter
24.11 	maintains residence.  The ballots shall be delivered by two
24.12 	election judges, each of whom is affiliated with a different
24.13 	major political party.  When the election judges deliver or
24.14 	return ballots as provided in this section, they shall travel
24.15 	together in the same vehicle.  Both election judges shall be
24.16 	present when an applicant completes the certificate of
24.17 	eligibility and marks the absentee ballots, and may assist an
24.18 	applicant as provided in section 204C.15.  The election judges
24.19 	shall deposit the return envelopes containing the marked
24.20 	absentee ballots in a sealed container and return them to the
24.21 	clerk on the same day that they are delivered and marked.

24.22 	Sec. 14. Minnesota Statutes 2004, section 203B.12,
24.23 	subdivision 2, is amended to read:
24.24 		Subd. 2.Examination of return envelopes.  Two or more
24.25 	election judges shall examine each return envelope and shall
24.26 	mark it accepted or rejected in the manner provided in this
24.27 	subdivision.  If a ballot has been prepared under section
24.28 	204B.12, subdivision 2a, or 204B.41, the election judges shall
24.29 	not begin removing ballot envelopes from the return envelopes
24.30 	until 8:00 p.m. on election day, either in the polling place or
24.31 	at an absentee ballot board established under section 203B.13.
24.32 	The election judges shall mark the return envelope
24.33 	"Accepted" and initial or sign the return envelope below the
24.34 	word "Accepted" if the election judges or a majority of them are
24.35 	satisfied that:
24.36 	(1) the voter's name and address on the return envelope are
25.1 	the same as the information provided on the absentee ballot
25.2 	application;
25.3 	(2) the voter's signature on the return envelope is the
25.4 	genuine signature of the individual who made the application for
25.5 	ballots and the certificate has been completed as prescribed in
25.6 	the directions for casting an absentee ballot, except that if a
25.7 	person other than the voter applied for the absentee ballot
25.8 	under applicable Minnesota Rules, the signature is not required
25.9 	to match;
25.10 	(3) the voter is registered and eligible to vote in the
25.11 	precinct or has included a properly completed voter registration
25.12 	application in the return envelope; and
25.13 	(4) the voter has not already voted at that election,
25.14 	either in person or by absentee ballot.
25.15 	There is no other reason for rejecting an absentee ballot.
25.16 	In particular, failure to place the envelope within the security
25.17 	envelope before placing it in the outer white envelope is not a
25.18 	reason to reject an absentee ballot.
25.19 	The return envelope from accepted ballots must be preserved
25.20 	and returned to the county auditor.
25.21 	If all or a majority of the election judges examining
25.22 	return envelopes find that an absent voter has failed to meet
25.23 	one of the requirements prescribed in clauses (1) to (4), they
25.24 	shall mark the return envelope "Rejected," initial or sign it
25.25 	below the word "Rejected," and return it to the county auditor.

25.26 	Sec. 15. Minnesota Statutes 2004, section 203B.20, is
25.27 	amended to read:
25.28 	203B.20 CHALLENGES.
25.29 	Except as provided in this section, the eligibility or
25.30 	residence of a voter whose application for absentee ballots is
25.31 	recorded under section 203B.19 may be challenged in the manner
25.32 	set forth by section 201.195.  The county auditor or municipal
25.33 	clerk shall not be required to serve a copy of the petition and
25.34 	notice of hearing on the challenged voter, unless the absentee
25.35 	ballot application was submitted on behalf of a voter by an
25.36 	individual authorized under section 203B.17, subdivision 1,
26.1 	paragraph (a), in which case the county auditor must attempt to
26.2 	notify the individual who submitted the application of the
26.3 	challenge.  The county auditor may contact other registered
26.4 	voters to request information that may resolve any discrepancies
26.5 	appearing in the application.  All reasonable doubt shall be
26.6 	resolved in favor of the validity of the application.  If the
26.7 	voter's challenge is affirmed, the county auditor shall provide
26.8 	the challenged voter with a copy of the petition and the
26.9 	decision and shall inform the voter of the right to appeal as
26.10 	provided in section 201.195.

26.11 	Sec. 16. Minnesota Statutes 2004, section 203B.21,
26.12 	subdivision 1, is amended to read:
26.13 		Subdivision 1.Form.  Absentee ballots under sections
26.14 	203B.16 to 203B.27 shall conform to the requirements of the
26.15 	Minnesota Election Law, except that modifications in the size or
26.16 	form of ballots or envelopes may be made if necessary to satisfy
26.17 	the requirements of the United States postal service, and the
26.18 	design must provide an additional flap that when sealed,
26.19 	conceals the signature, identification, and other information.
26.20 	The flap must be perforated to permit election officials to
26.21 	inspect the returned certificate for completeness or to
26.22 	ascertain other information at any time after receiving the
26.23 	returned ballot without opening the return envelope.

26.24 	Sec. 17. Minnesota Statutes 2004, section 203B.21,
26.25 	subdivision 3, is amended to read:
26.26 		Subd. 3.Back of return envelope.  On the back of the
26.27 	return envelope an affidavit form shall appear with space for:
26.28 	(a) The voter's address of present or former residence in
26.29 	Minnesota;
26.30 	(b) A statement indicating the category described in
26.31 	section 203B.16 to which the voter belongs;
26.32 	(c) A statement that the voter has not cast and will not
26.33 	cast another absentee ballot in the same election or elections;
26.34 	(d) A statement that the voter personally marked the
26.35 	ballots without showing them to anyone, or if physically unable
26.36 	to mark them, that the voter directed another individual to mark
27.1 	them; and
27.2 	(e) The voter's military identification card number,
27.3 	passport number, or, if the voter does not have a valid passport
27.4 	or identification card, the signature and certification of an
27.5 	individual authorized to administer oaths under federal law or
27.6 	the law of the place where the oath was administered or a 
27.7 	commissioned or noncommissioned officer personnel of the
27.8 	military not below the rank of sergeant or its equivalent.
27.9 	The affidavit shall also contain a signed and dated oath in
27.10 	the form required by section 705 of the Help America Vote Act,
27.11 	Public Law 107-252, which must read:
27.12 	"I swear or affirm, under penalty of perjury, that:
27.13 	I am a member of the uniformed services or merchant marine
27.14 	on active duty or an eligible spouse or dependent of such a
27.15 	member; a United States citizen temporarily residing outside the
27.16 	United States; or other United States citizen residing outside
27.17 	the United States; and I am a United States citizen, at least 18
27.18 	years of age (or will be by the date of the election), and I am
27.19 	eligible to vote in the requested jurisdiction; I have not been
27.20 	convicted of a felony, or other disqualifying offense, or been
27.21 	adjudicated mentally incompetent, or, if so, my voting rights
27.22 	have been reinstated; and I am not registering, requesting a
27.23 	ballot, or voting in any other jurisdiction in the United States
27.24 	except the jurisdiction cited in this voting form.  In voting, I
27.25 	have marked and sealed my ballot in private and have not allowed
27.26 	any person to observe the marking of the ballot, except for
27.27 	those authorized to assist voters under state or federal law.  I
27.28 	have not been influenced.
27.29 	My signature and date below indicate when I completed this
27.30 	document.
27.31 	The information on this form is true, accurate, and
27.32 	complete to the best of my knowledge.  I understand that a
27.33 	material misstatement of fact in completion of this document may
27.34 	constitute grounds for a conviction for perjury." 

27.35 	Sec. 18. Minnesota Statutes 2004, section 203B.24,
27.36 	subdivision 1, is amended to read:
28.1 		Subdivision 1.Check of voter eligibility; proper
28.2 	execution of affidavit.  Upon receipt of an absentee ballot
28.3 	returned as provided in sections 203B.16 to 203B.27, the
28.4 	election judges shall compare the voter's name with the names
28.5 	appearing on their copy of the application records to insure
28.6 	that the ballot is from a voter eligible to cast an absentee
28.7 	ballot under sections 203B.16 to 203B.27. Any discrepancy or
28.8 	disqualifying fact shall be noted on the envelope by the
28.9 	election judges.The election judges shall mark the return
28.10 	envelope "Accepted" and initial or sign the return envelope
28.11 	below the word "Accepted" if the election judges are satisfied
28.12 	that:
28.13 	(1) the voter's name on the return envelope appears in
28.14 	substantially the same form as on the application records
28.15 	provided to the election judges by the county auditor;
28.16 	(2) the voter has signed the federal oath prescribed
28.17 	pursuant to section 705(b)(2) of the Help America Vote Act,
28.18 	Public Law 107-252;
28.19 	(3) the voter has set forth the voter's military
28.20 	identification number or passport number or, if those numbers do
28.21 	not appear, a person authorized to administer oaths under
28.22 	federal law or the law of the place where the oath was
28.23 	administered or a witness who is military personnel with a rank
28.24 	at or above the rank of sergeant or its equivalent has signed
28.25 	the ballot; and 
28.26 	(4) the voter has not already voted at that election,
28.27 	either in person or by absentee ballot.
28.28 	An absentee ballot case pursuant to sections 203B.16 to
28.29 	203B.27 may only be rejected for the lack of one of clauses (1)
28.30 	to (4).  In particular, failure to place the envelope within the
28.31 	security envelope before placing it in the outer white envelope
28.32 	is not a reason to reject an absentee ballot.
28.33 	Election judges must note the reason for rejection on the
28.34 	back of the envelope in the space provided for that purpose.
28.35 	Failure to return unused ballots shall not invalidate a
28.36 	marked ballot, but a ballot shall not be counted if the
29.1 	affidavit on the return envelope is not properly executed.  In
29.2 	all other respects the provisions of the Minnesota Election Law
29.3 	governing deposit and counting of ballots shall apply.

29.4 	Sec. 19. Minnesota Statutes 2004, section 204B.10,
29.5 	subdivision 6, is amended to read:
29.6 		Subd. 6.Ineligible voter.  Upon receipt of a certified
29.7 	copy of a final judgment or order of a court of competent
29.8 	jurisdiction that a person who has filed an affidavit of
29.9 	candidacy or who has been nominated by petition:
29.10 	(1) has been convicted of treason or a felony and the
29.11 	person's civil rights have not been restored;
29.12 	(2) is under guardianship of the person; or
29.13 	(3) has been found by a court of law to be legally
29.14 	incompetent;
29.15 	the filing officer shall notify the person by certified mail at
29.16 	the address shown on the affidavit or petition, and, for offices
29.17 	other than president of the United States, vice-president of the
29.18 	United States, United States senator, and United States
29.19 	representative in Congress,shall not certify the person's name
29.20 	to be placed on the ballot.  The actions of a filing officer
29.21 	under this subdivision are subject to judicial review under
29.22 	section 204B.44.

29.23 	Sec. 20. Minnesota Statutes 2004, section 204B.14,
29.24 	subdivision 2, is amended to read:
29.25 		Subd. 2.Separate precincts; combined polling place.  (a)
29.26 	The following shall constitute at least one election precinct:
29.27 	(1) each city ward; and
29.28 	(2) each town and each statutory city.
29.29 	(b) A single, accessible, combined polling place may be
29.30 	established no later than June 1 of any year:
29.31 	(1) for any city of the third or fourth class, any town, or
29.32 	any city having territory in more than one county, in which all
29.33 	the voters of the city or town shall cast their ballots;
29.34 	(2) for two contiguous precincts in the same municipality
29.35 	that have a combined total of fewer than 500 registered voters;
29.36 	or
30.1 	(3) for up to four contiguous municipalities located
30.2 	entirely outside the metropolitan area, as defined by section
30.3 	473.121, subdivision 2 200.02, subdivision 24, that are
30.4 	contained in the same county.
30.5 	A copy of the ordinance or resolution establishing a
30.6 	combined polling place must be filed with the county auditor
30.7 	within 30 days after approval by the governing body.  A polling
30.8 	place combined under clause (3) must be approved by the
30.9 	governing body of each participating municipality.  A
30.10 	municipality withdrawing from participation in a combined
30.11 	polling place must do so by filing a resolution of withdrawal
30.12 	with the county auditor no later than May 1 of any year.
30.13 	The secretary of state shall provide a separate polling
30.14 	place roster for each precinct served by the combined polling
30.15 	place.  A single set of election judges may be appointed to
30.16 	serve at a combined polling place.  The number of election
30.17 	judges required must be based on the total number of persons
30.18 	voting at the last similar election in all precincts to be
30.19 	voting at the combined polling place.  Separate ballot boxes
30.20 	must be provided for the ballots from each precinct.  The
30.21 	results of the election must be reported separately for each
30.22 	precinct served by the combined polling place, except in a
30.23 	polling place established under clause (2) where one of the
30.24 	precincts has fewer than ten registered voters, in which case
30.25 	the results of that precinct must be reported in the manner
30.26 	specified by the secretary of state.

30.27 	Sec. 21. Minnesota Statutes 2004, section 204B.16,
30.28 	subdivision 1, is amended to read:
30.29 		Subdivision 1.Authority; location. (a) The governing
30.30 	body of each municipality and of each county with precincts in
30.31 	unorganized territory shall designate by ordinance or resolution
30.32 	a polling place for each election precinct.  Polling places must
30.33 	be designated and ballots must be distributed so that no one is
30.34 	required to go to more than one polling place to vote in a
30.35 	school district and municipal election held on the same day.
30.36 	The polling place for a precinct in a city or in a school
31.1 	district located in whole or in part in the metropolitan area
31.2 	defined by section 473.121 200.02, subdivision 24,shall be
31.3 	located within the boundaries of the precinct or within 3,000
31.4 	feet of one of those boundaries unless a single polling place is
31.5 	designated for a city pursuant to section 204B.14, subdivision
31.6 	2, or a school district pursuant to section 205A.11.  The
31.7 	polling place for a precinct in unorganized territory may be
31.8 	located outside the precinct at a place which is convenient to
31.9 	the voters of the precinct.  If no suitable place is available
31.10 	within a town or within a school district located outside the
31.11 	metropolitan area defined by section 473.121 200.02, subdivision
31.12 	24, then the polling place for a town or school district may be
31.13 	located outside the town or school district within five miles of
31.14 	one of the boundaries of the town or school district.
31.15 	(b) Each polling place serving precincts in which, in
31.16 	aggregate, there were more than 100 voters in the most recent
31.17 	similar election, must be to the extent the governing body
31.18 	determines it is practicable, at least 750 square feet, with an
31.19 	additional 60 square feet for each 150 voters in excess of 400
31.20 	that voted in the most recent similar election.

31.21 	Sec. 22. Minnesota Statutes 2004, section 204B.16,
31.22 	subdivision 5, is amended to read:
31.23 		Subd. 5.Access by elderly and handicapped persons with
31.24 	disabilities.  Each polling place shall be accessible to and
31.25 	usable by elderly individuals and physically handicapped 
31.26 	individuals with disabilities.  A polling place is deemed to be
31.27 	accessible and usable if it complies with the standards in
31.28 	paragraphs (a) to (f).
31.29 	(a) At least one set of doors must have a minimum width of
31.30 	31 32 inches if the doors must be used to enter or leave the
31.31 	polling place.
31.32 	(b) Any curb adjacent to the main entrance to a polling
31.33 	place must have curb cuts or temporary ramps.  Where the main
31.34 	entrance is not the accessible entrance, any curb adjacent to
31.35 	the accessible entrance must also have curb cuts or temporary
31.36 	ramps.
32.1 	(c) Where the main entrance is not the accessible entrance,
32.2 	a sign shall be posted at the main entrance giving directions to
32.3 	the accessible entrance.
32.4 	(d) At least one set of stairs must have a temporary
32.5 	handrail and ramp if stairs must be used to enter or leave the
32.6 	polling place.
32.7 	(e) No barrier in the polling place may impede the path of
32.8 	the physically handicapped persons with disabilities to the
32.9 	voting booth.
32.10 	(f) At least one handicapped parking space for persons with
32.11 	disabilities, which may be temporarily so designated by the
32.12 	municipality for the day of the election, must be available near
32.13 	the accessible entrance.
32.14 	The doorway, handrails, ramps, and handicapped parking
32.15 	provided pursuant to this subdivision must conform to the
32.16 	standards specified in the State Building Code for accessibility
32.17 	by handicapped persons with disabilities.
32.18 	A governing body shall designate as polling places only
32.19 	those places which meet the standards prescribed in this
32.20 	subdivision unless no available place within a precinct is
32.21 	accessible or can be made accessible.

32.22 	Sec. 23. Minnesota Statutes 2004, section 204B.18,
32.23 	subdivision 1, is amended to read:
32.24 		Subdivision 1.Booths; voting stations.  Each polling
32.25 	place must contain a number of at least two voting booths in
32.26 	proportion to the number of individuals eligible to vote in the
32.27 	precinct or self-contained voting stations plus one additional
32.28 	voting booth or self-contained voting station for each 150
32.29 	voters in excess of 200 registered in the precinct.  Each
32.30 	booth or station must be at least six feet high, three feet deep
32.31 	and two feet wide with a shelf at least two feet long and one
32.32 	foot wide placed at a convenient height for writing.  The
32.33 	booth or station shall be provided with a door or
32.34 	curtains permit the voter to vote privately and independently.
32.35 	Each accessible polling place must have at least one accessible
32.36 	voting booth or other accessible voting station and beginning
33.1 	with federal and state elections held after December 31, 2005,
33.2 	and county, municipal, and school district elections held after
33.3 	December 31, 2007, one voting system that conforms to section
33.4 	301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.
33.5 	All booths or stations must be constructed so that a voter is
33.6 	free from observation while marking ballots. In all other
33.7 	polling places every effort must be made to provide at least one
33.8 	accessible voting booth or other accessible voting station.
33.9 	During the hours of voting, the booths or stations must have
33.10 	instructions, a pencil, and other supplies needed to mark the
33.11 	ballots. If needed,A chair must be provided for elderly and
33.12 	handicapped voters and voters with disabilities to use while
33.13 	voting or waiting to vote.  Stable flat writing surfaces must
33.14 	also be made available to voters who are completing
33.15 	election-related forms.  All ballot boxes, voting booths, voting
33.16 	stations, and election judges must be in open public view in the
33.17 	polling place.

33.18 	Sec. 24. Minnesota Statutes 2004, section 204B.22,
33.19 	subdivision 3, is amended to read:
33.20 		Subd. 3.Minimum number required in certain precincts of
33.21 	election judges.  At each state primary or state general 
33.22 	election in precincts using an electronic voting system with
33.23 	marking devices and in which more than 400 votes were cast at
33.24 	the last similar election, the minimum number of election judges
33.25 	is three plus one judge to demonstrate the use of the voting
33.26 	machine or device, and the number of additional election judges
33.27 	to be appointed is one for every 200 votes cast in that precinct
33.28 	in the most recent similar general election.

33.29 	Sec. 25. Minnesota Statutes 2004, section 204B.27,
33.30 	subdivision 1, is amended to read:
33.31 		Subdivision 1.Blank forms.  At least 25 14 days before
33.32 	every state election the secretary of state shall transmit to
33.33 	each county auditor a sufficient number of blank county abstract
33.34 	forms and other examples of any blank forms to be used as the
33.35 	secretary of state deems necessary for the conduct of the
33.36 	election. County abstract forms may be provided to auditors
34.1 	electronically via the Minnesota State Election Reporting System
34.2 	maintained by the secretary of state, and must be available at
34.3 	least one week prior to the election.

34.4 	Sec. 26. Minnesota Statutes 2004, section 204B.27,
34.5 	subdivision 3, is amended to read:
34.6 		Subd. 3.Instruction posters.  At least 25 days before
34.7 	every state election,the secretary of state shall prepare and
34.8 	furnish to the county auditor of each county in which paper
34.9 	ballots are used,voter instruction posters printed in large
34.10 	type upon cards or heavy paper.  The instruction posters must
34.11 	contain the information needed to enable the voters to cast
34.12 	their paper ballots quickly and correctly and indicate the types
34.13 	of assistance available for elderly and handicapped voters.  Two
34.14 	instruction posters shall be furnished for each precinct in
34.15 	which paper ballots are used. The secretary of state shall also
34.16 	provide posters informing voters of eligibility requirements to
34.17 	vote and of identification and proofs accepted for election day
34.18 	registration.  Posters furnished by the secretary of state must
34.19 	also include all information required to be posted by the Help
34.20 	America Vote Act, including:  instructions on how to vote,
34.21 	including how to cast a vote; instructions for mail-in
34.22 	registrants and first-time voters; general information on voting
34.23 	rights under applicable federal and state laws, and instructions
34.24 	on how to contact the appropriate officials if these rights are
34.25 	alleged to have been violated; and general information on
34.26 	federal and state laws regarding prohibitions on acts of fraud
34.27 	and misrepresentation.

34.28 	Sec. 27. Minnesota Statutes 2004, section 204B.33, is
34.29 	amended to read:
34.30 	204B.33 NOTICE OF FILING.
34.31 	(a) Between June 1 and July 1 in each even numbered year,
34.32 	the secretary of state shall notify each county auditor of the
34.33 	offices to be voted for in that county at the next state general
34.34 	election for which candidates file with the secretary of state.
34.35 	The notice shall include the time and place of filing for those
34.36 	offices and for judicial offices shall list the name of the
35.1 	incumbent, if any, currently holding the seat to be voted for.
35.2 	Within ten days after notification by the secretary of state,
35.3 	each county auditor shall notify each municipal clerk in the
35.4 	county of all the offices to be voted for in the county at that
35.5 	election and the time and place for filing for those offices.
35.6 	The county auditors and municipal clerks shall promptly post a
35.7 	copy of that notice in their offices.
35.8 	(b) At least two weeks before the first day to file an
35.9 	affidavit of candidacy, the county auditor shall publish a
35.10 	notice stating the first and last dates on which affidavits of
35.11 	candidacy may be filed in the county auditor's office and the
35.12 	closing time for filing on the last day for filing.  The county
35.13 	auditor shall post a similar notice at least ten days before the
35.14 	first day to file affidavits of candidacy.

35.15 	Sec. 28. Minnesota Statutes 2004, section 204C.05,
35.16 	subdivision 1a, is amended to read:
35.17 		Subd. 1a.Elections; organized town.  The governing body
35.18 	of a town with less than 500 inhabitants according to the most
35.19 	recent federal decennial census, which is located outside the
35.20 	metropolitan area as defined in section 473.121 200.02,
35.21 	subdivision 2 24, may fix a later time for voting to begin at
35.22 	state primary, special, or general elections, if approved by a
35.23 	vote of the town electors at the annual town meeting.  The
35.24 	question of shorter voting hours must be included in the notice
35.25 	of the annual town meeting before the question may be submitted
35.26 	to the electors at the meeting.  The later time may not be later
35.27 	than 10:00 a.m. for special, primary, or general elections.  The
35.28 	town clerk shall either post or publish notice of the changed
35.29 	hours and notify the county auditor of the change 30 days before
35.30 	the election.

35.31 	Sec. 29. Minnesota Statutes 2004, section 204C.08,
35.32 	subdivision 1, is amended to read:
35.33 		Subdivision 1.Display of flag; "vote here" sign. (a) 
35.34 	Upon their arrival at the polling place on the day of election,
35.35 	the election judges shall cause the national flag to be
35.36 	displayed on a suitable staff at the entrance to the polling
36.1 	place.  The flag shall be displayed continuously during the
36.2 	hours of voting and the election judges shall attest to that
36.3 	fact by signing the flag certification statement on the precinct
36.4 	summary statement.  The election judges shall receive no
36.5 	compensation for any time during which they intentionally fail
36.6 	to display the flag as required by this subdivision.
36.7 	(b) The election judges shall, immediately after displaying
36.8 	the flag pursuant to paragraph (a), post the following:
36.9 	(1) a "Vote Here" sign conspicuously near the flag, which
36.10 	must be of a size not less than two feet high by four feet wide,
36.11 	with letters printed in red in a font size of no less than
36.12 	576-point type, against a white background; and 
36.13 	(2) within the building, if the polling place has more than
36.14 	one room, signs indicating by arrows the direction in which to
36.15 	proceed in order to reach the room containing the polling place.

36.16 	Sec. 30. Minnesota Statutes 2004, section 204C.28,
36.17 	subdivision 1, is amended to read:
36.18 		Subdivision 1.County auditor.  Every county auditor
36.19 	shall remain at the auditor's office to receive delivery of the
36.20 	returns, to permit public inspection of the summary statements,
36.21 	and to tabulate the votes until all have been tabulated and the
36.22 	results made known, or until 24 hours have elapsed since the end
36.23 	of the hours for voting, whichever occurs first. Every county
36.24 	auditor shall keep a book in which, in the presence of the
36.25 	municipal clerk or the election judges who deliver the returns,
36.26 	the auditor shall make a record of all materials delivered, the
36.27 	time of delivery, and the names of the municipal clerk or
36.28 	election judges who made delivery.  The county auditor shall
36.29 	file the book and all envelopes containing ballots in a safe and
36.30 	secure place with envelope seals unbroken.  Access to the book
36.31 	and ballots shall be strictly controlled.  Accountability and a
36.32 	record of access shall be maintained by the county auditor
36.33 	during the period for contesting elections or, if a contest is
36.34 	filed, until the contest has been finally determined.
36.35 	Thereafter, the book shall be retained in the auditor's office
36.36 	for the same period as the ballots as provided in section
37.1 	204B.40.
37.2 	The county auditor shall file all envelopes containing
37.3 	ballots in a safe place with seals unbroken.  If the envelopes
37.4 	were previously opened by proper authority for examination or
37.5 	recount, the county auditor shall have the envelopes sealed
37.6 	again and signed by the individuals who made the inspection or
37.7 	recount.  The envelopes may be opened by the county canvassing
37.8 	board if necessary to procure election returns that the election
37.9 	judges inadvertently may have sealed in the envelopes with the
37.10 	ballots.  In that case, the envelopes shall be sealed again and
37.11 	signed in the same manner as otherwise provided in this
37.12 	subdivision.

37.13 	Sec. 31. Minnesota Statutes 2004, section 204D.14,
37.14 	subdivision 3, is amended to read:
37.15 		Subd. 3.Uncontested judicial offices.  Judicial
37.16 	offices for a specific court for which there is only one
37.17 	candidate filed must appear after all other judicial offices for
37.18 	that same court on the canary ballot.

37.19 	Sec. 32. Minnesota Statutes 2004, section 204D.27,
37.20 	subdivision 5, is amended to read:
37.21 		Subd. 5.Canvass; special primary; state canvassing
37.22 	board.  Not later than four days after the returns of the county
37.23 	canvassing boards are certified to the secretary of state, the
37.24 	State Canvassing Board shall complete its canvass of the special
37.25 	primary.  The secretary of state shall then promptly certify to
37.26 	the county auditors the names of the nominated individuals,
37.27 	prepare notices of nomination,and notify each nominee of the
37.28 	nomination.

37.29 	Sec. 33. [205.135] ELECTION REPORTING SYSTEM; CANDIDATE
37.30 	FILING.
37.31 		Subdivision 1.Even-numbered year. For regularly
37.32 	scheduled municipal elections held in an even-numbered year, the
37.33 	municipal clerk must provide the offices and questions to be
37.34 	voted on in the municipality and the list of candidates for each
37.35 	office to the county auditor for entry into the election
37.36 	reporting system provided by the secretary of state no later
38.1 	than 46 days prior to the election.  The county auditor must
38.2 	delegate, at the request of the municipality, the duty to enter
38.3 	the information into the system to the municipal clerk.
38.4 		Subd. 2.Odd-numbered year. For regularly scheduled
38.5 	municipal elections held in an odd-numbered year, the municipal
38.6 	clerk or county auditor must enter the offices and questions to
38.7 	be voted on in the municipality and the list of candidates for
38.8 	each office into the election reporting system no later than 46
38.9 	days prior to the election.

38.10 	Sec. 34. Minnesota Statutes 2004, section 205.175,
38.11 	subdivision 2, is amended to read:
38.12 		Subd. 2.Metropolitan area municipalities.  The governing
38.13 	body of a municipality which is located within a metropolitan
38.14 	county as defined by section 473.121included in the definition
38.15 	of metropolitan area in section 200.02, subdivision 24,may
38.16 	designate the time during which the polling places will remain
38.17 	open for voting at the next succeeding and all subsequent
38.18 	municipal elections, provided that the polling places shall open
38.19 	no later than 10:00 a.m. and shall close no earlier than 8:00
38.20 	p.m.  The resolution shall remain in force until it is revoked
38.21 	by the municipal governing body.

38.22 	Sec. 35. [205.187] ELECTION REPORTING SYSTEM; PRECINCT
38.23 	VOTES.
38.24 		Subdivision 1.Even-numbered year. For regularly
38.25 	scheduled municipal elections held in an even-numbered year, the
38.26 	county auditor must enter the votes in each precinct for the
38.27 	questions and offices voted on in the municipal election into
38.28 	the election reporting system provided by the secretary of state.
38.29 		Subd. 2.Odd-numbered year. For regularly scheduled
38.30 	municipal elections held in an odd-numbered year, the municipal
38.31 	clerk or county auditor must enter the votes in each precinct
38.32 	for the offices and questions voted on in the municipality into
38.33 	the election reporting system provided by the secretary of state.

38.34 	Sec. 36. [205A.075] ELECTION REPORTING SYSTEM; CANDIDATE
38.35 	FILING.
38.36 		Subdivision 1.Even-numbered year. For regularly
39.1 	scheduled school district elections held in an even-numbered
39.2 	year, the school district clerk must provide the offices and
39.3 	questions to be voted on in the school district and the list of
39.4 	candidates for each office to the county auditor for entry into
39.5 	the election reporting system provided by the secretary of state
39.6 	no later than ....... days prior to the election.
39.7 		Subd. 2.Odd-numbered year. For regularly scheduled
39.8 	school district elections held in an odd-numbered year, the
39.9 	school district clerk or county auditor must enter the offices
39.10 	and questions to be voted on in the school district and the list
39.11 	of candidates for each office into the election reporting system
39.12 	provided by the secretary of state no later than ....... days
39.13 	prior to the election.

39.14 	Sec. 37. [205A.076] ELECTION REPORTING SYSTEM; PRECINCT
39.15 	VOTES.
39.16 		Subdivision 1.Even-numbered year. For regularly
39.17 	scheduled school district elections held in an even-numbered
39.18 	year, the county auditor must enter the votes in each precinct
39.19 	for the questions and offices voted on in the school district
39.20 	election into the election reporting system provided by the
39.21 	secretary of state.
39.22 		Subd. 2.Odd-numbered year. For regularly scheduled
39.23 	school district elections held in an odd-numbered year, the
39.24 	school district clerk or county auditor must enter the votes in
39.25 	each precinct for the offices and questions voted on in the
39.26 	school district into the election reporting system provided by
39.27 	the secretary of state.

39.28 	Sec. 38. Minnesota Statutes 2004, section 205A.09,
39.29 	subdivision 1, is amended to read:
39.30 		Subdivision 1.Metropolitan area school districts.  At a
39.31 	school district election in a school district located in whole
39.32 	or in part within a metropolitan county as defined by section
39.33 	473.121 included in the definition of metropolitan area in
39.34 	section 200.02, subdivision 24, the school board, by resolution
39.35 	adopted before giving notice of the election, may designate the
39.36 	time during which the polling places will remain open for voting
40.1 	at the next succeeding and all later school district elections.
40.2 	The polling places must open no later than 10:00 a.m. and close
40.3 	no earlier than 8:00 p.m.  The resolution shall remain in force
40.4 	until it is revoked by the school board.

40.5 	Sec. 39. Minnesota Statutes 2004, section 206.56,
40.6 	subdivision 2, is amended to read:
40.7 		Subd. 2.Automatic tabulating equipment.  "Automatic
40.8 	tabulating equipment" includes apparatus machines, resident
40.9 	firmware, and programmable memory units necessary to optically
40.10 	scan,automatically examine,and count votes designated on
40.11 	ballot cards, and data processing machines which can be used for
40.12 	counting ballots and tabulating results.

40.13 	Sec. 40. Minnesota Statutes 2004, section 206.56,
40.14 	subdivision 3, is amended to read:
40.15 		Subd. 3.Ballot.  "Ballot" includes ballot cards and 
40.16 	paper ballots, ballot cards, and the paper ballot marked by an
40.17 	electronic marking device.

40.18 	Sec. 41. Minnesota Statutes 2004, section 206.56,
40.19 	subdivision 7, is amended to read:
40.20 		Subd. 7.Counting center.  "Counting center" means a
40.21 	place selected by the governing body of a municipality where an 
40.22 	a central count electronic voting system is used for the
40.23 	automatic processing and counting of ballots.

40.24 	Sec. 42. Minnesota Statutes 2004, section 206.56,
40.25 	subdivision 8, is amended to read:
40.26 		Subd. 8.Electronic voting system.  "Electronic voting
40.27 	system" means a system in which the voter records votes by means
40.28 	of marking a ballot, which is designed so that votes may be
40.29 	counted by automatic tabulating equipment at a counting
40.30 	center or in the precinct or polling place where the ballot is
40.31 	cast.
40.32 	An electronic voting system includes automatic tabulating
40.33 	equipment; nonelectronic ballot markers; electronic ballot
40.34 	markers, including electronic ballot display, audio ballot
40.35 	reader, and devices by which the voter will register the voter's
40.36 	voting intent; software used to program automatic tabulators and
41.1 	layout ballots; computer programs used to accumulate precinct
41.2 	results; ballots; secrecy folders; system documentation; and
41.3 	system testing results.

41.4 	Sec. 43. Minnesota Statutes 2004, section 206.56,
41.5 	subdivision 9, is amended to read:
41.6 		Subd. 9.manual marking device.  " Manual marking device"
41.7 	means any approved device for directly marking a ballot by hand 
41.8 	with ink, pencil,or other substance which will enable the
41.9 	ballot to be tabulated by means of automatic tabulating
41.10 	equipment.

41.11 	Sec. 44. Minnesota Statutes 2004, section 206.56, is
41.12 	amended by adding a subdivision to read:
41.13 		Subd. 9a.Electronic ballot marker. "Electronic ballot
41.14 	marker" means equipment that is part of an electronic voting
41.15 	system that marks a nonelectronic ballot with votes selected by
41.16 	a voter using an electronic ballot display or audio ballot
41.17 	reader.

41.18 	Sec. 45. Minnesota Statutes 2004, section 206.56, is
41.19 	amended by adding a subdivision to read:
41.20 		Subd. 9b.Assistive voting technology. "Assistive voting
41.21 	technology" means touch-activated screen, buttons, keypad,
41.22 	sip-and-puff input device, keyboard, earphones, or any other
41.23 	device used with an electronic ballot marker that assists voters
41.24 	to use an audio or electronic ballot display in order to select
41.25 	votes.

41.26 	Sec. 46. Minnesota Statutes 2004, section 206.56, is
41.27 	amended by adding a subdivision to read:
41.28 		Subd. 9c.Electronic ballot display. "Electronic ballot
41.29 	display" means a graphic representation of a ballot on a
41.30 	computer monitor or screen on which a voter may make vote
41.31 	choices for candidates and questions for the purpose of marking
41.32 	a nonelectronic ballot.

41.33 	Sec. 47. Minnesota Statutes 2004, section 206.56, is
41.34 	amended by adding a subdivision to read:
41.35 		Subd. 9d.Audio ballot reader. "Audio ballot reader"
41.36 	means an audio representation of a ballot that can be used with
42.1 	other assistive voting technology to permit a voter to mark
42.2 	votes on a nonelectronic ballot using an electronic ballot
42.3 	marker.

42.4 	Sec. 48. Minnesota Statutes 2004, section 206.57,
42.5 	subdivision 1, is amended to read:
42.6 		Subdivision 1.Examination and report by secretary of
42.7 	state; approval.  A vendor of an electronic voting system may
42.8 	apply to the secretary of state to examine the system and to
42.9 	report as to its compliance with the requirements of law and as
42.10 	to its accuracy, durability, efficiency, and capacity to
42.11 	register the will of voters.  The secretary of state or a
42.12 	designee shall examine the system submitted and file a report on
42.13 	it in the Office of the Secretary of State.  Examination is not
42.14 	required of every individual machine or counting device, but
42.15 	only of each type of electronic voting system before its
42.16 	adoption, use, or purchase and before its continued use after
42.17 	significant changes have been made in an approved system.  The
42.18 	examination must include the ballot programming,; electronic
42.19 	ballot marking, including all assistive technologies intended to
42.20 	be used with the system;vote counting,;and vote accumulation
42.21 	functions of each voting system.
42.22 	If the report of the secretary of state or the secretary's
42.23 	designee concludes that the kind of system examined complies
42.24 	with the requirements of sections 206.55 to 206.90 and can be
42.25 	used safely, the system shall be deemed approved by the
42.26 	secretary of state, and may be adopted and purchased for use at
42.27 	elections in this state.  A voting system not approved by the
42.28 	secretary of state may not be used at an election in this
42.29 	state.  The secretary of state may adopt permanent rules
42.30 	consistent with sections 206.55 to 206.90 relating to the
42.31 	examination and use of electronic voting systems.

42.32 	Sec. 49. Minnesota Statutes 2004, section 206.57, is
42.33 	amended by adding a subdivision to read:
42.34 		Subd. 7.Election assistance commission standards. If,
42.35 	prior to January 1, 2006, the federal Election Assistance
42.36 	Commission has not established standards for an electronic
43.1 	ballot marker or other voting system component that is required
43.2 	to enable a voting system to meet the requirements of
43.3 	subdivision 5, the secretary of state may certify the voting
43.4 	system on an experimental basis pending the completion of
43.5 	federal standards, notwithstanding subdivision 6.  Within two
43.6 	years after the Election Assistance Commission issues standards
43.7 	for a voting system component used in a voting system authorized
43.8 	under this subdivision, the secretary of state must review or
43.9 	reexamine the voting system to determine whether the system
43.10 	conforms to federal standards.

43.11 	Sec. 50. Minnesota Statutes 2004, section 206.58,
43.12 	subdivision 1, is amended to read:
43.13 		Subdivision 1.Municipalities. (a) The governing body of
43.14 	a municipality, at a regular meeting or at a special meeting
43.15 	called for the purpose, may must provide for the use of an at
43.16 	least one electronic voting system that conforms to the
43.17 	requirements of section 301(a)(3)(B) of the Help America Vote
43.18 	Act, Public Law 107-252,in one or more precincts each polling
43.19 	place and at all elections in the precincts, subject to approval
43.20 	by the county auditor. This paragraph applies to federal and
43.21 	state elections held after December 31, 2005, and to county,
43.22 	municipal, and school district elections held after December 31,
43.23 	2007.
43.24 	(b) The governing body shall disseminate information to the
43.25 	public about the use of a new voting system at least 60 days
43.26 	prior to the election and shall provide for instruction of
43.27 	voters with a demonstration voting system in a public place for
43.28 	the six weeks immediately prior to the first election at which
43.29 	the new voting system will be used.
43.30 	(c) No system may be adopted or used unless it has been
43.31 	approved by the secretary of state pursuant to section 206.57.

43.32 	Sec. 51. Minnesota Statutes 2004, section 206.61,
43.33 	subdivision 4, is amended to read:
43.34 		Subd. 4.Order of candidates.  On the "State Partisan
43.35 	Primary Ballot" prepared for primary elections, and on the white
43.36 	ballot prepared for the general election, the order of the names
44.1 	of nominees or names of candidates for election shall be the
44.2 	same as required for paper ballots.  More than one column or row
44.3 	may be used for the same office or party. Electronic ballot
44.4 	display and audio ballot readers must conform to the candidate
44.5 	order on the optical scan ballot used in the precinct.

44.6 	Sec. 52. Minnesota Statutes 2004, section 206.61,
44.7 	subdivision 5, is amended to read:
44.8 		Subd. 5.Alternation.  The provisions of the election
44.9 	laws requiring the alternation of names of candidates must be
44.10 	observed as far as practicable by changing the order of the
44.11 	names on an electronic voting system in the various precincts so
44.12 	that each name appears on the machines or marking devices used
44.13 	in a municipality substantially an equal number of times in the
44.14 	first, last, and in each intermediate place in the list or group
44.15 	in which they belong.  However, the arrangement of candidates'
44.16 	names must be the same on all voting systems used in the same
44.17 	precinct.  If the number of names to be alternated exceeds the
44.18 	number of precincts, the election official responsible for
44.19 	providing the ballots, in accordance with subdivision 1, shall
44.20 	determine by lot the alternation of names.
44.21 	If an electronic ballot marker is used with a paper ballot
44.22 	that is not an optical scan ballot card, the manner of
44.23 	alternation of candidate names on the paper ballot must be as
44.24 	prescribed for optical scan ballots in this subdivision.

44.25 	Sec. 53. Minnesota Statutes 2004, section 206.64,
44.26 	subdivision 1, is amended to read:
44.27 		Subdivision 1.General provisions for electronic system
44.28 	voting.  Each electronic voting system booth must be placed and
44.29 	protected so that it is accessible to only one voter at a time
44.30 	and is in full view of all the election judges and challengers
44.31 	at the polling place.  The election judges shall admit one
44.32 	individual at a time to each booth after determining that the
44.33 	individual is eligible to vote.  Voting by electronic voting
44.34 	system must be secret, except for voters who need request 
44.35 	assistance.  A voter may remain inside the voting booth for
44.36 	three minutes the time reasonably required for the voter to
45.1 	complete the ballot.  A voter who refuses to leave the voting
45.2 	booth after a reasonable amount of time, but not less than three
45.3 	minutes,must be removed by the election judges.

45.4 	Sec. 54. Minnesota Statutes 2004, section 206.80, is
45.5 	amended to read:
45.6 	206.80 ELECTRONIC VOTING SYSTEMS.
45.7 	An electronic voting system may not be employed unless it:
45.8 	(1) permits every voter to vote in secret;
45.9 	(2) permits every voter to vote for all candidates and
45.10 	questions for whom or upon which the voter is legally entitled
45.11 	to vote;
45.12 	(3) provides for write-in voting when authorized;
45.13 	(4) rejects by means of the automatic tabulating
45.14 	equipment electronic voting system, except as provided in
45.15 	section 206.84 with respect to write-in votes, all votes for an
45.16 	office or question when the number of votes cast on it exceeds
45.17 	the number which the voter is entitled to cast;
45.18 	(5) permits a voter at a primary election to select
45.19 	secretly the party for which the voter wishes to vote; and
45.20 	(6) rejects, by means of the automatic tabulating equipment 
45.21 	electronic voting system, all votes cast in a primary
45.22 	election by a voter for offices serving with political party
45.23 	designation when the voter votes for candidates of more than one
45.24 	party.

45.25 	Sec. 55. Minnesota Statutes 2004, section 206.81, is
45.26 	amended to read:
45.27 	206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
45.28 	(a) The secretary of state may approve certify an
45.29 	electronic voting system for experimental use at an election
45.30 	prior to its approval for general use.
45.31 	(b) The secretary of state must approve one or more direct
45.32 	recording electronic voting systems for experimental use at an
45.33 	election before their approval for general use and may impose
45.34 	restrictions on their use.  At least one voting system approved
45.35 	under this paragraph must permit sighted persons to vote and at
45.36 	least one system must permit a blind or visually impaired voter
46.1 	to cast a ballot independently and privately.
46.2 	(c) Experimental use must be observed by the secretary of
46.3 	state or the secretary's designee and the results observed must
46.4 	be considered at any subsequent proceedings for approval for
46.5 	general use.
46.6 	(d) (c) The secretary of state may adopt rules consistent
46.7 	with sections 206.55 to 206.90 relating to experimental use.
46.8 	The extent of experimental use must be determined by the
46.9 	secretary of state.

46.10 	Sec. 56. Minnesota Statutes 2004, section 206.82,
46.11 	subdivision 1, is amended to read:
46.12 		Subdivision 1.Program.  A program or programs for use in
46.13 	an election conducted by means of an electronic voting system or
46.14 	using an electronic ballot marker shall be prepared at the
46.15 	direction of the county auditor or municipal clerk who is
46.16 	responsible for the conduct of the election and shall be
46.17 	independently verified by a competent person designated by that
46.18 	official.  The term "competent person" as used in this section
46.19 	means a person who can demonstrate knowledge as a computer
46.20 	programmer and who is other than and wholly independent of any
46.21 	person operating or employed by the counting center or the
46.22 	corporation or other preparer of the program.  A test deck
46.23 	prepared by a competent person shall be used for independent
46.24 	verification of the program; it shall test the maximum digits
46.25 	used in totaling the returns and shall be usable by insertion
46.26 	during the tabulation process as well as prior to tabulation. A
46.27 	test deck must also be prepared using the electronic ballot
46.28 	marker program and must also be used to verify that all valid
46.29 	votes counted by the vote tabulator may be selected using the
46.30 	electronic ballot marker.The secretary of state shall adopt
46.31 	rules further specifying test procedures.

46.32 	Sec. 57. Minnesota Statutes 2004, section 206.82,
46.33 	subdivision 2, is amended to read:
46.34 		Subd. 2.Plan.  The municipal clerk in a municipality
46.35 	where an electronic voting system is used and the county auditor
46.36 	of a county in which an electronic voting system is used in more
47.1 	than one municipality and the county auditor of a county in
47.2 	which a counting center serving more than one municipality is
47.3 	located shall prepare a plan which indicates acquisition of
47.4 	sufficient facilities, computer time, and professional services
47.5 	and which describes the proposed manner of complying with
47.6 	section 206.80.  The plan must be signed, notarized, and
47.7 	submitted to the secretary of state more than 60 days before the
47.8 	first election at which the municipality uses an electronic
47.9 	voting system.  Prior to July 1 of each subsequent general
47.10 	election year, the clerk or auditor shall submit to the
47.11 	secretary of state notification of any changes to the plan on
47.12 	file with the secretary of state.  The secretary of state shall
47.13 	review each plan for its sufficiency and may request technical
47.14 	assistance from the Department of Administration or other agency
47.15 	which may be operating as the central computer authority.  The
47.16 	secretary of state shall notify each reporting authority of the
47.17 	sufficiency or insufficiency of its plan within 20 days of
47.18 	receipt of the plan.  The attorney general, upon request of the
47.19 	secretary of state, may seek a district court order requiring an
47.20 	election official to fulfill duties imposed by this subdivision
47.21 	or by rules promulgated pursuant to this section.

47.22 	Sec. 58. Minnesota Statutes 2004, section 206.83, is
47.23 	amended to read:
47.24 	206.83 TESTING OF VOTING SYSTEMS.
47.25 	The official in charge of elections shall within 14 days
47.26 	prior to election day have the voting system tested to ascertain
47.27 	that the system will correctly mark ballots using all methods
47.28 	supported by the system, including through assistive technology,
47.29 	and count the votes cast for all candidates and on all questions
47.30 	within 14 days prior to election day.  Public notice of the time
47.31 	and place of the test must be given at least two days in advance
47.32 	by publication once in official newspapers.  The test must be
47.33 	observed by at least two election judges, who are not of the
47.34 	same major political party, and must be open to representatives
47.35 	of the political parties, candidates, the press, and the
47.36 	public.  The test must be conducted by (1) processing a
48.1 	preaudited group of ballots punched or marked to record a
48.2 	predetermined number of valid votes for each candidate and on
48.3 	each question, and must include for each office one or more
48.4 	ballot cards which have votes in excess of the number allowed by
48.5 	law in order to test the ability of the voting system tabulator
48.6 	and electronic ballot marker to reject those votes; and (2)
48.7 	processing an additional test deck of ballots marked using the
48.8 	electronic ballot marker to be employed in the precinct,
48.9 	including ballots marked using the electronic ballot display,
48.10 	audio ballot reader, and each of the assistive voting peripheral
48.11 	devices used with the electronic ballot marker.  If any error is
48.12 	detected, the cause must be ascertained and corrected and an
48.13 	errorless count must be made before the voting system may be
48.14 	used in the election.  After the completion of the test, the
48.15 	programs used and ballot cards must be sealed, retained, and
48.16 	disposed of as provided for paper ballots.

48.17 	Sec. 59. Minnesota Statutes 2004, section 206.84,
48.18 	subdivision 1, is amended to read:
48.19 		Subdivision 1.Instruction of judges, voters.  The
48.20 	officials in charge of elections shall determine procedures to
48.21 	instruct election judges and voters in the use of electronic
48.22 	voting system manual marking devices and the electronic ballot
48.23 	marker, including assistive peripheral devices.

48.24 	Sec. 60. Minnesota Statutes 2004, section 206.84,
48.25 	subdivision 3, is amended to read:
48.26 		Subd. 3.Ballots.  The ballot information must be in the
48.27 	same order provided for paper ballots, except that the
48.28 	information may be in vertical or horizontal rows, or on a
48.29 	number of separate pages.  The secretary of state shall provide
48.30 	by rule for standard ballot formats for electronic voting
48.31 	systems. Electronic ballot displays and audio ballot readers
48.32 	shall be in the order provided for on the optical scan ballot.
48.33 	Electronic ballot displays may employ zooms or other devices as
48.34 	assistive voting technology.  Audio ballot readers may employ
48.35 	rewinds or audio cues as assistive voting technology.
48.36 	Ballot cards may contain special printed marks and holes as
49.1 	required for proper positioning and reading of the ballots by
49.2 	electronic vote counting equipment.  Ballot cards must contain
49.3 	an identification of the precinct for which they have been
49.4 	prepared which can be read visually and which can be tabulated
49.5 	by the automatic tabulating equipment.

49.6 	Sec. 61. Minnesota Statutes 2004, section 206.84,
49.7 	subdivision 6, is amended to read:
49.8 		Subd. 6.Duties of official in charge.  The official in
49.9 	charge of elections in each municipality where an electronic
49.10 	voting system is used shall have the voting systems put in
49.11 	order, set, adjusted, and made ready for voting when delivered
49.12 	to the election precincts.  The official shall also provide each
49.13 	precinct with a container for transporting ballot cards to the
49.14 	counting location after the polls close.  The container shall be
49.15 	of sturdy material to protect the ballots from all reasonably
49.16 	foreseeable hazards including auto collisions.  The election
49.17 	judges shall meet at the polling place at least one hour before
49.18 	the time for opening the polls.  Before the polls open the
49.19 	election judges shall compare the ballot cards used with the
49.20 	sample ballots, electronic ballot displays, and audio ballot
49.21 	reader furnished to see that the names, numbers, and letters on
49.22 	both agree and shall certify to that fact on forms provided for
49.23 	the purpose.  The certification must be filed with the election
49.24 	returns.

49.25 	Sec. 62. Minnesota Statutes 2004, section 206.85,
49.26 	subdivision 1, is amended to read:
49.27 		Subdivision 1.Duties of responsible official.  The
49.28 	official in charge of elections in a municipality where an
49.29 	electronic voting system is used at a counting center must:
49.30 	(a) be present or personally represented throughout the
49.31 	counting center proceedings;
49.32 	(b) be responsible for acquiring sufficient facilities and
49.33 	personnel to ensure timely and lawful processing of votes;
49.34 	(c) be responsible for the proper training of all personnel
49.35 	participating in counting center proceedings and deputize all
49.36 	personnel who are not otherwise election judges;
50.1 	(d) maintain actual control over all proceedings and be
50.2 	responsible for the lawful execution of all proceedings in the
50.3 	counting center whether or not by experts;
50.4 	(e) be responsible for assuring the lawful retention and
50.5 	storage of ballots and read-outs; and
50.6 	(f) arrange for observation by the public and by
50.7 	candidates' representatives of counting center procedures by
50.8 	publishing the exact location of the counting center in a legal
50.9 	newspaper at least once during the week preceding the week of
50.10 	election and in the newspaper of widest circulation once on the
50.11 	day preceding the election, or once the week preceding the
50.12 	election if the newspaper is a weekly.
50.13 	The official may make arrangements with news reporters
50.14 	which permit prompt reporting of election results but which do
50.15 	not interfere with the timely and lawful completion of counting
50.16 	procedures.

50.17 	Sec. 63. Minnesota Statutes 2004, section 206.90,
50.18 	subdivision 1, is amended to read:
50.19 		Subdivision 1.Definition.  For the purposes of this
50.20 	section, "optical scan voting system" means an electronic voting
50.21 	system approved for use under sections 206.80 to 206.81 in which
50.22 	the voter records votes by marking with a pencil or other
50.23 	writing instrument device, including an electronic ballot
50.24 	marker,a ballot on which the names of candidates, office
50.25 	titles, party designation in a partisan primary or election, and
50.26 	a statement of any question accompanied by the words "Yes" and
50.27 	"No" are printed.

50.28 	Sec. 64. Minnesota Statutes 2004, section 206.90,
50.29 	subdivision 4, is amended to read:
50.30 		Subd. 4.Absentee voting.  An optical scan voting system
50.31 	may be used for absentee voting. The county auditor may supply
50.32 	an appropriate marking instrument to the voter along with the
50.33 	ballot.

50.34 	Sec. 65. Minnesota Statutes 2004, section 206.90,
50.35 	subdivision 5, is amended to read:
50.36 		Subd. 5.Instruction of judges, voters.  In instructing
51.1 	judges and voters under section 206.84, subdivision 1, officials
51.2 	in charge of election precincts using optical scan voting
51.3 	systems shall include instruction on the proper mark for
51.4 	recording votes on ballot cards marked with a pencil or other
51.5 	writing instrument and the insertion by the voter of the ballot
51.6 	card into automatic tabulating equipment that examines and
51.7 	counts votes as the ballot card is deposited into the ballot box.
51.8 	Officials shall include instruction on the insertion by the
51.9 	voter of the ballot card into an electronic ballot marker that
51.10 	can examine votes before the ballot card is deposited into the
51.11 	ballot box.

51.12 	Sec. 66. Minnesota Statutes 2004, section 206.90,
51.13 	subdivision 6, is amended to read:
51.14 		Subd. 6.Ballots.  In precincts using optical scan voting
51.15 	systems, a single ballot card on which all ballot information is
51.16 	included must be printed in black ink on white colored material
51.17 	except that marks not to be read by the automatic tabulating
51.18 	equipment may be printed in another color ink.
51.19 	On the front of the ballot must be printed the words
51.20 	"Official Ballot" and the date of the election and lines for the
51.21 	initials of at least two election judges.
51.22 	When optical scan ballots are used, the offices to be
51.23 	elected must appear in the following order:  federal offices;
51.24 	state legislative offices; constitutional offices; proposed
51.25 	constitutional amendments; county offices and questions;
51.26 	municipal offices and questions; school district offices and
51.27 	questions; special district offices and questions; and judicial
51.28 	offices.
51.29 	On optical scan ballots, the names of candidates and the
51.30 	words "yes" and "no" for ballot questions must be printed as
51.31 	close to their corresponding vote targets as possible.
51.32 	The line on an optical scan ballot for write-in votes must
51.33 	contain the words "write-in, if any."
51.34 	If a primary ballot contains both a partisan ballot and a
51.35 	nonpartisan ballot, the instructions to voters must include a
51.36 	statement that reads substantially as follows:  "THIS BALLOT
52.1 	CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON
52.2 	THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
52.3 	ONE POLITICAL PARTY ONLY."  If a primary ballot contains
52.4 	political party columns on both sides of the ballot, the
52.5 	instructions to voters must include a statement that reads
52.6 	substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE
52.7 	PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE
52.8 	POLITICAL PARTY ONLY."  At the bottom of each political party
52.9 	column on the primary ballot, the ballot must contain a
52.10 	statement that reads substantially as follows:  "CONTINUE VOTING
52.11 	ON THE NONPARTISAN BALLOT."  The instructions in section
52.12 	204D.08, subdivision 4, do not apply to optical scan partisan
52.13 	primary ballots. Electronic ballot displays and audio ballot
52.14 	readers must follow the order of offices and questions on the
52.15 	optical scan or paper ballot used in the same precinct.

52.16 	Sec. 67. Minnesota Statutes 2004, section 206.90,
52.17 	subdivision 8, is amended to read:
52.18 		Subd. 8.Duties of election officials.  The official in
52.19 	charge of elections in each municipality where an optical scan
52.20 	voting system is used shall have the electronic ballot that
52.21 	examines and marks votes on ballot cards and the automatic
52.22 	tabulating equipment that examines and counts votes as ballot
52.23 	cards are deposited into ballot boxes put in order, set,
52.24 	adjusted, and made ready for voting when delivered to the
52.25 	election precincts.

52.26 	Sec. 68. Minnesota Statutes 2004, section 206.90,
52.27 	subdivision 9, is amended to read:
52.28 		Subd. 9.Spoiled ballot cards.  Automatic tabulating
52.29 	equipment and electronic ballot markers must be capable of
52.30 	examining a ballot card for defects and returning it to the
52.31 	voter before it is counted and deposited into the ballot box and 
52.32 	must be programmed to return as a spoiled ballot a ballot card
52.33 	with votes for an office or question which exceed the number
52.34 	which the voter is entitled to cast and at a primary a ballot
52.35 	card with votes for candidates of more than one party.

52.36 	Sec. 69. Minnesota Statutes 2004, section 211B.01,
53.1 	subdivision 3, is amended to read:
53.2 		Subd. 3.Candidate.  "Candidate" means an individual who
53.3 	seeks nomination or election to a federal,statewide,
53.4 	legislative, judicial, or local office including special
53.5 	districts, school districts, towns, home rule charter and
53.6 	statutory cities, and counties, except candidates for president
53.7 	and vice-president of the United States.

53.8 	Sec. 70. Minnesota Statutes 2004, section 358.11, is
53.9 	amended to read:
53.10 	358.11 OATHS, WHERE FILED.
53.11 	Except as otherwise provided by law, the oath required to
53.12 	be taken and subscribed by any person shall be filed as follows:
53.13 	(1) if that of an officer of the state, whether elective or
53.14 	appointive, executive, legislative, or judicial,with the
53.15 	secretary of state;
53.16 	(2) if of a county officer, or an officer chosen within or
53.17 	for any county, with the county auditor;
53.18 	(3) if of a city officer, with the clerk or recorder of the
53.19 	municipality;
53.20 	(4) if of a town officer, with the town clerk;
53.21 	(5) if of a school district officer, with the clerk of the
53.22 	district;
53.23 	(6) if of a person appointed by, or made responsible to, a
53.24 	court in any action or proceeding therein, with the court
53.25 	administrator of such court;
53.26 	(7) if that of a person appointed by any state, county, or
53.27 	other officer for a special service in connection with official
53.28 	duties, with such officer.
53.29 	If the person taking such oath be also required to give
53.30 	bond, the oath shall be attached to or endorsed upon such bond
53.31 	and filed therewith, in lieu of other filing.

53.32 	Sec. 71. Minnesota Statutes 2004, section 414.01, is
53.33 	amended by adding a subdivision to read:
53.34 		Subd. 18.Annexations not permitted at certain
53.35 	times. Notwithstanding the provisions of this chapter, no
53.36 	annexation shall become effective between the opening of filing
54.1 	for a previously scheduled municipal election of the
54.2 	municipality which is annexing the unincorporated land and the
54.3 	issuance of the certificates of election to the candidates
54.4 	elected at that election.

54.5 	Sec. 72. [414.0305] MUNICIPAL ANNEXATION.
54.6 	Notwithstanding the provisions of this chapter, no
54.7 	annexation by a municipality shall be effective during the
54.8 	period from the opening of filing for any previously scheduled
54.9 	municipal election until after the end of the contest period for
54.10 	that election.

54.11 	Sec. 73. Minnesota Statutes 2004, section 447.32,
54.12 	subdivision 4, is amended to read:
54.13 		Subd. 4.Candidates; ballots; certifying election.  A
54.14 	person who wants to be a candidate for the hospital board shall
54.15 	file an affidavit of candidacy for the election either as member
54.16 	at large or as a member representing the city or town where the
54.17 	candidate resides.  The affidavit of candidacy must be filed
54.18 	with the city or town clerk not more than ten weeks 70 days nor
54.19 	less than eight weeks 56 days before the first Tuesday after the
54.20 	second first Monday in September November of the year in which
54.21 	the general election is held.  The city or town clerk must
54.22 	forward the affidavits of candidacy to the clerk of the hospital
54.23 	district or, for the first election, the clerk of the most
54.24 	populous city or town immediately after the last day of the
54.25 	filing period.  A candidate may withdraw from the election by
54.26 	filing an affidavit of withdrawal with the clerk of the district
54.27 	no later than 5:00 p.m. two days after the last day to file
54.28 	affidavits of candidacy.
54.29 	Voting must be by secret ballot.  The clerk shall prepare,
54.30 	at the expense of the district, necessary ballots for the
54.31 	election of officers.  Ballots must be printed on tan paper and
54.32 	prepared as provided in the rules of the secretary of state.
54.33 	The ballots must be marked and initialed by at least two judges
54.34 	as official ballots and used exclusively at the election.  Any
54.35 	proposition to be voted on may be printed on the ballot provided
54.36 	for the election of officers.  The hospital board may also
55.1 	authorize the use of voting systems subject to chapter 206.
55.2 	Enough election judges may be appointed to receive the votes at
55.3 	each polling place.  The election judges shall act as clerks of
55.4 	election, count the ballots cast, and submit them to the board
55.5 	for canvass.
55.6 	After canvassing the election, the board shall issue a
55.7 	certificate of election to the candidate who received the
55.8 	largest number of votes cast for each office.  The clerk shall
55.9 	deliver the certificate to the person entitled to it in person
55.10 	or by certified mail.  Each person certified shall file an
55.11 	acceptance and oath of office in writing with the clerk within
55.12 	30 days after the date of delivery or mailing of the
55.13 	certificate.  The board may fill any office as provided in
55.14 	subdivision 1 if the person elected fails to qualify within 30
55.15 	days, but qualification is effective if made before the board
55.16 	acts to fill the vacancy.

55.17 	Sec. 74. REPEALER.
 55.18 	Minnesota Statutes 2004, section 204B.22, subdivision 2, is
55.19 	repealed.

55.20 	ARTICLE 3
55.21 	PERIODIC STATE AND LOCAL ELECTION DATES

55.22 	Section 1. [204D.035] PERIODIC ELECTION DAY.
55.23 		Subdivision 1.Short title. This section may be referred
55.24 	to as the "Periodic Election Day Act of 2005." 
55.25 		Subd. 2.Elections covered. This section applies to all
55.26 	state, county, municipal, school district, and any other
55.27 	political subdivision elections held in the state of Minnesota,
55.28 	and elections on ballot questions, except for (1) elections held
55.29 	to fill a vacancy in office and required by statute to be held
55.30 	sooner than the next day designated in subdivision 3, or (2)
55.31 	elections conducted by mail.
55.32 		Subd. 3.Elections on designated days. (a)
55.33 	Notwithstanding other law to the contrary, elections subject to
55.34 	subdivision 2 may be held only on the following days:
55.35 	(1) the fourth Tuesday in January;
55.36 	(2) the second Tuesday in March;
56.1 	(3) the third Tuesday in May;
56.2 	(4) the first Tuesday after the second Monday in September;
56.3 	and 
56.4 	(5) the first Tuesday after the first Monday in November.
56.5 	(b) The time period in which a special election must be
56.6 	conducted under any other law or charter provision must be
56.7 	extended to conform to the requirements of this subdivision.
56.8 		Subd. 4.Primary date if not specified. If other law
56.9 	provides for a primary to take place for a particular office but
56.10 	does not specify the date of the primary, the primary may be
56.11 	held on one of the days specified in subdivision 3, paragraph
56.12 	(a), clauses (1) to (4).  The general election for the office
56.13 	must be held on the date listed in subdivision 3 that
56.14 	immediately follows the date chosen for the primary.
56.15 		Subd. 5.Election times and polling places. An election
56.16 	held in a jurisdiction on one of the days specified in
56.17 	subdivision 3 must be held during the hours determined under
56.18 	section 204C.05.  The governing body of the municipality must
56.19 	set the polling place locations to be used for each precinct in
56.20 	all elections in any calendar year before the start of that
56.21 	calendar year.
56.22 		Subd. 6.Applicable laws. Except as otherwise provided
56.23 	by this section, Minnesota election law remains applicable to
56.24 	elections held on any of the days listed in subdivision 3.

56.25 	Sec. 2. EFFECTIVE DATE.
 56.26 	This article is effective January 1, 2006.

56.27 	ARTICLE 4
56.28 	CONFORMING AMENDMENTS

56.29 	Section 1. Minnesota Statutes 2004, section 123B.63,
56.30 	subdivision 3, is amended to read:
56.31 		Subd. 3.Capital project levy referendum.  A district may
56.32 	levy the local tax rate approved by a majority of the electors
56.33 	voting on the question to provide funds for an approved
56.34 	project.  The election must take place no more than five years
56.35 	before the estimated date of commencement of the project.  The
56.36 	referendum must be held on a date set by the board specified in
57.1 	section 204D.035, subdivision 3.  A referendum for a project not
57.2 	receiving a positive review and comment by the commissioner
57.3 	under section 123B.71 must be approved by at least 60 percent of
57.4 	the voters at the election.  The referendum may be called by the
57.5 	school board and may be held:
57.6 	(1) separately, before an election for the issuance of
57.7 	obligations for the project under chapter 475; or
57.8 	(2) in conjunction with an election for the issuance of
57.9 	obligations for the project under chapter 475; or
57.10 	(3) notwithstanding section 475.59, as a conjunctive
57.11 	question authorizing both the capital project levy and the
57.12 	issuance of obligations for the project under chapter 475.  Any
57.13 	obligations authorized for a project may be issued within five
57.14 	years of the date of the election.
57.15 	The ballot must provide a general description of the
57.16 	proposed project, state the estimated total cost of the project,
57.17 	state whether the project has received a positive or negative
57.18 	review and comment from the commissioner, state the maximum
57.19 	amount of the capital project levy as a percentage of net tax
57.20 	capacity, state the amount that will be raised by that local tax
57.21 	rate in the first year it is to be levied, and state the maximum
57.22 	number of years that the levy authorization will apply.
57.23 	The ballot must contain a textual portion with the
57.24 	information required in this section and a question stating
57.25 	substantially the following:
57.26 	"Shall the capital project levy proposed by the board of
57.27 	.......... School District No. .......... be approved?"
57.28 	If approved, the amount provided by the approved local tax
57.29 	rate applied to the net tax capacity for the year preceding the
57.30 	year the levy is certified may be certified for the number of
57.31 	years approved.
57.32 	In the event a conjunctive question proposes to authorize
57.33 	both the capital project levy and the issuance of obligations
57.34 	for the project, appropriate language authorizing the issuance
57.35 	of obligations must also be included in the question.
57.36 	The district must notify the commissioner of the results of
58.1 	the referendum.

58.2 	Sec. 2. Minnesota Statutes 2004, section 126C.17,
58.3 	subdivision 11, is amended to read:
58.4 		Subd. 11.Referendum date.  (a) Except for a referendum
58.5 	held under paragraph (b), any referendum under this section held
58.6 	on a day other than the first Tuesday after the first Monday in
58.7 	November must be conducted by mail in accordance with section
58.8 	204B.46.  Notwithstanding subdivision 9, paragraph (b), to the
58.9 	contrary, in the case of a referendum conducted by mail under
58.10 	this paragraph, the notice required by subdivision 9, paragraph
58.11 	(b), must be prepared and delivered by first-class mail at least
58.12 	20 days before the referendum.
58.13 	(b) In addition to the referenda allowed in subdivision 9,
58.14 	clause (a), the commissioner may grant authority to a district
58.15 	to hold a referendum on a different day if the district is in
58.16 	statutory operating debt and has an approved plan or has
58.17 	received an extension from the department to file a plan to
58.18 	eliminate the statutory operating debt. A referendum must be
58.19 	held on a date specified in section 204D.035, subdivision 3.
58.20 	(c) The commissioner must approve, deny, or modify each
58.21 	district's request for a referendum levy on a different day
58.22 	within 60 days of receiving the request from a district.

58.23 	Sec. 3. Minnesota Statutes 2004, section 204C.05, is
58.24 	amended by adding a subdivision to read:
58.25 		Subd. 1c.Elections; municipalities and school
58.26 	districts. The governing body of a municipality or school
58.27 	district may, by resolution, designate the hours during which
58.28 	the polling places will remain open for voting at the next
58.29 	succeeding and all later municipal or school district elections
58.30 	that are not held at the same time as the state primary or state
58.31 	general election.  All polling places must be open at least
58.32 	between the hours of 10:00 a.m. and 8:00 p.m.  The resolution
58.33 	remains in effect until revoked by the governing board or until
58.34 	a petition from voters is filed under this subdivision.  If a
58.35 	petition requesting longer voting hours for any election is
58.36 	signed by a number of voters equal to ten percent of the votes
59.1 	cast in the last municipal or school district general election,
59.2 	whichever applies, and filed with the appropriate municipal or
59.3 	school district clerk no later than 30 days before an election,
59.4 	the polling places for that election must open at 7:00 a.m. and
59.5 	close at 8:00 p.m.  The municipal or school district clerk must
59.6 	give ten days published and posted notice of the change in hours
59.7 	and notify the appropriate county auditors of the change.

59.8 	Sec. 4. Minnesota Statutes 2004, section 205.10,
59.9 	subdivision 3, is amended to read:
59.10 		Subd. 3.Prohibition. No A special election authorized
59.11 	under subdivision 1 may be held within 40 days after the state
59.12 	general election only on one of the dates specified in section
59.13 	204D.035, subdivision 3.

59.14 	Sec. 5. [205.176] VOTING HOURS.
59.15 	In all municipal elections the hours for voting must be
59.16 	determined as provided in section 204C.05.

59.17 	Sec. 6. Minnesota Statutes 2004, section 205A.05,
59.18 	subdivision 1, is amended to read:
59.19 		Subdivision 1.Questions.  Special elections must be held
59.20 	for a school district on a question on which the voters are
59.21 	authorized by law to pass judgment.  The school board may on its
59.22 	own motion call a special election to vote on any matter
59.23 	requiring approval of the voters of a district.  Upon petition
59.24 	of 50 or more voters of the school district or five percent of
59.25 	the number of voters voting at the preceding regular school
59.26 	district election, the school board shall by resolution call a
59.27 	special election to vote on any matter requiring approval of the
59.28 	voters of a district.  A question is carried only with the
59.29 	majority in its favor required by law.  The election officials
59.30 	for a special election are the same as for the most recent
59.31 	school district general election unless changed according to
59.32 	law.  Otherwise, special elections must be conducted and the
59.33 	returns made in the manner provided for the school district
59.34 	general election. A special election may not be held during the
59.35 	30 days before and the 30 days after the state primary, during
59.36 	the 30 days before and the 40 days after the state general
60.1 	election.  In addition, a special election may not be held
60.2 	during the 20 days before and the 20 days after any regularly
60.3 	scheduled election of a municipality wholly or partially within
60.4 	the school district.A special election under this subdivision
60.5 	must be held only on one of the dates specified in section
60.6 	204D.035, subdivision 3.Notwithstanding any other law to the
60.7 	contrary, the time period in which a special election must be
60.8 	conducted under any other law may be extended by the school
60.9 	board to conform with the requirements of this subdivision.

60.10 	Sec. 7. [205A.095] HOURS FOR VOTING.
60.11 	The hours for voting in school district elections must be
60.12 	determined as provided in section 204C.05.

60.13 	Sec. 8. Minnesota Statutes 2004, section 373.40,
60.14 	subdivision 2, is amended to read:
60.15 		Subd. 2.Application of election requirement.  (a) Bonds
60.16 	issued by a county to finance capital improvements under an
60.17 	approved capital improvement plan are not subject to the
60.18 	election requirements of section 375.18 or 475.58.  The bonds
60.19 	must be approved by vote of at least three-fifths of the members
60.20 	of the county board.  In the case of a metropolitan county, the
60.21 	bonds must be approved by vote of at least two-thirds of the
60.22 	members of the county board.
60.23 	(b) Before issuance of bonds qualifying under this section,
60.24 	the county must publish a notice of its intention to issue the
60.25 	bonds and the date and time of a hearing to obtain public
60.26 	comment on the matter.  The notice must be published in the
60.27 	official newspaper of the county or in a newspaper of general
60.28 	circulation in the county.  The notice must be published at
60.29 	least 14, but not more than 28, days before the date of the
60.30 	hearing.
60.31 	(c) A county may issue the bonds only upon obtaining the
60.32 	approval of a majority of the voters voting on the question of
60.33 	issuing the obligations, if a petition requesting a vote on the
60.34 	issuance is signed by voters equal to five percent of the votes
60.35 	cast in the county in the last general election and is filed
60.36 	with the county auditor within 30 days after the public
61.1 	hearing.  The commissioner of revenue shall prepare a suggested
61.2 	form of the question to be presented at the election. The
61.3 	election may be held only on one of the dates specified in
61.4 	section 204D.035, subdivision 3.

61.5 	Sec. 9. Minnesota Statutes 2004, section 375.20, is
61.6 	amended to read:
61.7 	375.20 BALLOT QUESTIONS.
61.8 	If the county board may do an act, incur a debt,
61.9 	appropriate money for a purpose, or exercise any other power or
61.10 	authority, only if authorized by a vote of the people, the
61.11 	question may be submitted at a special or general election, by a
61.12 	resolution specifying the matter or question to be voted upon.
61.13 	If the question is to authorize the appropriation of money,
61.14 	creation of a debt, or levy of a tax, it shall state the
61.15 	amount.  Notice of the election shall be given as in the case of
61.16 	special elections.  If the question submitted is adopted, the
61.17 	board shall pass an appropriate resolution to carry it into
61.18 	effect.  In the election the form of the ballot shall be:  "In
61.19 	favor of (here state the substance of the resolution to be
61.20 	submitted), Yes ......  No......," with a square opposite each
61.21 	of the words "yes" and "no," in one of which the voter shall
61.22 	mark an "X" to indicate a choice.  The county board may call a
61.23 	special county election upon a question to be held within 60
61.24 	days on any date specified in section 204D.035, subdivision 3,
61.25 	after a resolution to that effect is adopted by the county
61.26 	board.  Upon the adoption of the resolution the county auditor
61.27 	shall post and publish notices of the election, as required by
61.28 	section 204D.22, subdivisions 2 and 3.  The election shall be
61.29 	conducted and the returns canvassed in the manner prescribed by
61.30 	sections 204D.20 to 204D.27, so far as practicable.

61.31 	Sec. 10. Minnesota Statutes 2004, section 458.40, is
61.32 	amended to read:
61.33 	458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.
61.34 	If a charter adopted under the Minnesota Constitution,
61.35 	article IV, section 36, article XI, section 4, or article XII,
61.36 	section 5, has a provision that requires the question of the
62.1 	issuance of bonds to be submitted to the electors, the provision
62.2 	prevails over sections 458.36 to 458.40. The question must be
62.3 	submitted to voters on one of the dates specified in section
62.4 	204D.035, subdivision 3, notwithstanding any contrary provision
62.5 	in the charter regarding the date of submission.

62.6 	Sec. 11. Minnesota Statutes 2004, section 465.82,
62.7 	subdivision 2, is amended to read:
62.8 		Subd. 2.Contents of plan.  The plan must state:
62.9 	(1) the specific cooperative activities the units will
62.10 	engage in during the first two years of the venture;
62.11 	(2) the steps to be taken to effect the merger of the
62.12 	governmental units, with completion no later than four years
62.13 	after the process begins;
62.14 	(3) the steps by which a single governing body will be
62.15 	created or, when the entire territory of a unit will be
62.16 	apportioned between or among two or more units contiguous to the
62.17 	unit that is to be apportioned, the steps to be taken by the
62.18 	governing bodies of the remaining units to provide for
62.19 	representation of the residents of the apportioned unit;
62.20 	(4) changes in services provided, facilities used, and
62.21 	administrative operations and staffing required to effect the
62.22 	preliminary cooperative activities and the final merger, and a
62.23 	two-, five-, and ten-year projection of expenditures for each
62.24 	unit if it combined and if it remained separate;
62.25 	(5) treatment of employees of the merging governmental
62.26 	units, specifically including provisions for reassigning
62.27 	employees, dealing with exclusive representatives, and providing
62.28 	financial incentives to encourage early retirements;
62.29 	(6) financial arrangements for the merger, specifically
62.30 	including responsibility for debt service on outstanding
62.31 	obligations of the merging units;
62.32 	(7) one- and two-year impact analyses, prepared by the
62.33 	granting state agency at the request of the local government
62.34 	unit, of major state aid revenues received for each unit if it
62.35 	combined and if it remained separate, including an impact
62.36 	analysis, prepared by the Department of Revenue, of any property
63.1 	tax revenue implications associated with tax increment financing
63.2 	districts and fiscal disparities under chapter 276A or 473F
63.3 	resulting from the merger;
63.4 	(8) procedures for a referendum to be held on a date
63.5 	specified in section 204D.035, subdivision 3,before the
63.6 	proposed combination to approve combining the local government
63.7 	units, specifically stating whether a majority of those voting
63.8 	in each district proposed for combination or a majority of those
63.9 	voting on the question in the entire area proposed for
63.10 	combination is needed to pass the referendum; and
63.11 	(9) a time schedule for implementation.
63.12 	Notwithstanding clause (3) or any other law to the
63.13 	contrary, all current members of the governing bodies of the
63.14 	local government units that propose to combine under sections
63.15 	465.81 to 465.86 may serve on the initial governing body of the
63.16 	combined unit until a gradual reduction in membership is
63.17 	achieved by foregoing election of new members when terms expire
63.18 	until the number permitted by other law is reached.

63.19 	Sec. 12. Minnesota Statutes 2004, section 465.84, is
63.20 	amended to read:
63.21 	465.84 REFERENDUM.
63.22 	During the first or second year of cooperation, a
63.23 	referendum on the question of combination must be conducted.
63.24 	The referendum must be on a date specified in section 204D.035,
63.25 	subdivision 3, and called by the governing bodies of the units
63.26 	that propose to combine.  The referendum must be conducted
63.27 	according to the Minnesota Election Law, as defined in section
63.28 	200.01.  If the referendum fails, the same question or a
63.29 	modified question may be submitted the following year.  If the
63.30 	referendum fails again, the same question may not be submitted.
63.31 	Referendums shall be conducted on the same date in all local
63.32 	government units.

63.33 	Sec. 13. Minnesota Statutes 2004, section 469.053,
63.34 	subdivision 5, is amended to read:
63.35 		Subd. 5.Reverse referendum.  A city may increase its
63.36 	levy for port authority purposes under subdivision 4 only as
64.1 	provided in this subdivision.  Its city council must first pass
64.2 	a resolution stating the proposed amount of levy increase.  The
64.3 	city must then publish the resolution together with a notice of
64.4 	public hearing on the resolution for two successive weeks in its
64.5 	official newspaper or, if none exists, in a newspaper of general
64.6 	circulation in the city.  The hearing must be held two to four
64.7 	weeks after the first publication.  After the hearing, the city
64.8 	council may decide to take no action or may adopt a resolution
64.9 	authorizing the proposed increase or a lesser increase.  A
64.10 	resolution authorizing an increase must be published in the
64.11 	city's official newspaper or, if none exists, in a newspaper of
64.12 	general circulation in the city.  The resolution is not
64.13 	effective if a petition requesting a referendum on the
64.14 	resolution is filed with the city clerk within 30 days of
64.15 	publication of the resolution.  The petition must be signed by
64.16 	voters equaling five percent of the votes cast in the city in
64.17 	the last general election.  The resolution is effective if
64.18 	approved by a majority of those voting on the question.  The
64.19 	commissioner of revenue shall prepare a suggested form of
64.20 	referendum question.  The referendum must be held at a special
64.21 	or general election before October 1 on a date specified in
64.22 	section 204D.035, subdivision 3,of the year for which the levy
64.23 	increase is proposed.

64.24 	Sec. 14. Minnesota Statutes 2004, section 469.0724, is
64.25 	amended to read:
64.26 	469.0724 GENERAL OBLIGATION BONDS.
64.27 	The port authority of Cannon Falls or Redwood Falls must
64.28 	not proceed with the sale of general obligation tax supported
64.29 	bonds until the city council by resolution approves the proposed
64.30 	issuance.  The resolution must be published in the official
64.31 	newspaper.  If, within 30 days after the publication, a petition
64.32 	signed by voters equal in number to ten percent of the number of
64.33 	voters at the last regular city election is filed with the city
64.34 	clerk, the city and port authority must not issue the general
64.35 	obligation tax supported bonds until the proposition has been
64.36 	approved by a majority of the votes cast on the question at a
65.1 	regular or special election held on one of the dates specified
65.2 	in section 204D.035, subdivision 3.

65.3 	Sec. 15. Minnesota Statutes 2004, section 469.190,
65.4 	subdivision 5, is amended to read:
65.5 		Subd. 5.Reverse referendum.  If the county board passes
65.6 	a resolution under subdivision 4 to impose the tax, the
65.7 	resolution must be published for two successive weeks in a
65.8 	newspaper of general circulation within the unorganized
65.9 	territory, together with a notice fixing a date for a public
65.10 	hearing on the proposed tax.
65.11 	The hearing must be held not less than two weeks nor more
65.12 	than four weeks after the first publication of the notice.
65.13 	After the public hearing, the county board may determine to take
65.14 	no further action, or may adopt a resolution authorizing the tax
65.15 	as originally proposed or approving a lesser rate of tax.  The
65.16 	resolution must be published in a newspaper of general
65.17 	circulation within the unorganized territory.  The voters of the
65.18 	unorganized territory may request a referendum on the proposed
65.19 	tax by filing a petition with the county auditor within 30 days
65.20 	after the resolution is published.  The petition must be signed
65.21 	by voters who reside in the unorganized territory.  The number
65.22 	of signatures must equal at least five percent of the number of
65.23 	persons voting in the unorganized territory in the last general
65.24 	election.  If such a petition is timely filed, the resolution is
65.25 	not effective until it has been submitted to the voters residing
65.26 	in the unorganized territory at a general or special election
65.27 	held on one of the dates specified in section 204D.035,
65.28 	subdivision 3,and a majority of votes cast on the question of
65.29 	approving the resolution are in the affirmative.  The
65.30 	commissioner of revenue shall prepare a suggested form of
65.31 	question to be presented at the referendum.

65.32 	Sec. 16. Minnesota Statutes 2004, section 475.521,
65.33 	subdivision 2, is amended to read:
65.34 		Subd. 2.Election requirement.  (a) Bonds issued by a
65.35 	city to finance capital improvements under an approved capital
65.36 	improvements plan are not subject to the election requirements
66.1 	of section 475.58.  The bonds are subject to the net debt limits
66.2 	under section 475.53.  The bonds must be approved by an
66.3 	affirmative vote of three-fifths of the members of a five-member
66.4 	city council.  In the case of a city council having more than
66.5 	five members, the bonds must be approved by a vote of at least
66.6 	two-thirds of the city council.
66.7 	(b) Before the issuance of bonds qualifying under this
66.8 	section, the city must publish a notice of its intention to
66.9 	issue the bonds and the date and time of the hearing to obtain
66.10 	public comment on the matter.  The notice must be published in
66.11 	the official newspaper of the city or in a newspaper of general
66.12 	circulation in the city.  Additionally, the notice may be posted
66.13 	on the official Web site, if any, of the city.  The notice must
66.14 	be published at least 14 but not more than 28 days before the
66.15 	date of the hearing.
66.16 	(c) A city may issue the bonds only after obtaining the
66.17 	approval of a majority of the voters voting on the question of
66.18 	issuing the obligations, if a petition requesting a vote on the
66.19 	issuance is signed by voters equal to five percent of the votes
66.20 	cast in the city in the last general election and is filed with
66.21 	the city clerk within 30 days after the public hearing.  The
66.22 	commissioner of revenue shall prepare a suggested form of the
66.23 	question to be presented at the election. The election must be
66.24 	held on one of the dates specified in section 204D.035,
66.25 	subdivision 3.

66.26 	Sec. 17. Minnesota Statutes 2004, section 475.58,
66.27 	subdivision 1, is amended to read:
66.28 		Subdivision 1.Approval by electors; exceptions.
 66.29 	Obligations authorized by law or charter may be issued by any
66.30 	municipality upon obtaining the approval of a majority of the
66.31 	electors voting at a special or general election held on one of
66.32 	the dates specified in section 204D.035, subdivision 3,on the
66.33 	question of issuing the obligations, but an election shall not
66.34 	be required to authorize obligations issued:
66.35 	(1) to pay any unpaid judgment against the municipality;
66.36 	(2) for refunding obligations;
67.1 	(3) for an improvement or improvement program, which
67.2 	obligation is payable wholly or partly from the proceeds of
67.3 	special assessments levied upon property specially benefited by
67.4 	the improvement or by an improvement within the improvement
67.5 	program, or of taxes levied upon the increased value of property
67.6 	within a district for the development of which the improvement
67.7 	is undertaken, including obligations which are the general
67.8 	obligations of the municipality, if the municipality is entitled
67.9 	to reimbursement in whole or in part from the proceeds of such
67.10 	special assessments or taxes and not less than 20 percent of the
67.11 	cost of the improvement or the improvement program is to be
67.12 	assessed against benefited property or is to be paid from the
67.13 	proceeds of federal grant funds or a combination thereof, or is
67.14 	estimated to be received from such taxes within the district;
67.15 	(4) payable wholly from the income of revenue producing
67.16 	conveniences;
67.17 	(5) under the provisions of a home rule charter which
67.18 	permits the issuance of obligations of the municipality without
67.19 	election;
67.20 	(6) under the provisions of a law which permits the
67.21 	issuance of obligations of a municipality without an election;
67.22 	(7) to fund pension or retirement fund liabilities pursuant
67.23 	to section 475.52, subdivision 6;
67.24 	(8) under a capital improvement plan under section 373.40;
67.25 	and
67.26 	(9) under sections 469.1813 to 469.1815 (property tax
67.27 	abatement authority bonds), if the proceeds of the bonds are not
67.28 	used for a purpose prohibited under section 469.176, subdivision
67.29 	4g, paragraph (b).

67.30 	Sec. 18. Minnesota Statutes 2004, section 475.58,
67.31 	subdivision 1a, is amended to read:
67.32 		Subd. 1a.Resubmission limitation.  If the electors do
67.33 	not approve the issuing of obligations at an election required
67.34 	by subdivision 1, the question of authorizing the obligations
67.35 	for the same purpose and in the same amount may not be submitted
67.36 	to the electors within a period of until a special or general
68.1 	election held on a date specified in section 204D.035,
68.2 	subdivision 3, and not sooner than 180 days from the date the
68.3 	election was held.  If the question of authorizing the
68.4 	obligations for the same purpose and in the same amount is not
68.5 	approved a second time it may not be submitted to the electors
68.6 	within a period of one year after the second election.

68.7 	Sec. 19. Minnesota Statutes 2004, section 475.59, is
68.8 	amended to read:
68.9 	475.59 MANNER OF SUBMISSION; NOTICE.
68.10 	When the governing body of a municipality resolves to issue
68.11 	bonds for any purpose requiring the approval of the electors, it
68.12 	shall provide for submission of the proposition of their
68.13 	issuance at a general or special election held on a date
68.14 	specified in section 204D.035, subdivision 3,or at a town or
68.15 	common school district meeting.  Notice of such election or
68.16 	meeting shall be given in the manner required by law and shall
68.17 	state the maximum amount and the purpose of the proposed issue.
68.18 	In any school district, the school board or board of education
68.19 	may, according to its judgment and discretion, submit as a
68.20 	single ballot question or as two or more separate questions in
68.21 	the notice of election and ballots the proposition of their
68.22 	issuance for any one or more of the following, stated
68.23 	conjunctively or in the alternative:  acquisition or enlargement
68.24 	of sites, acquisition, betterment, erection, furnishing,
68.25 	equipping of one or more new schoolhouses, remodeling,
68.26 	repairing, improving, adding to, betterment, furnishing,
68.27 	equipping of one or more existing schoolhouses.  In any city,
68.28 	town, or county, the governing body may, according to its
68.29 	judgment and discretion, submit as a single ballot question or
68.30 	as two or more separate questions in the notice of election and
68.31 	ballots the proposition of their issuance, stated conjunctively
68.32 	or in the alternative, for the acquisition, construction, or
68.33 	improvement of any facilities at one or more locations.

68.34 	Sec. 20. REPEALER.
 68.35 	Minnesota Statutes 2004, sections 204C.05, subdivisions 1a
68.36 	and 1b; 205.175; and 205A.09, are repealed.

69.1 	Sec. 21. EFFECTIVE DATE.
 69.2 	This article is effective January 1, 2006.  Section 17 is
69.3 	effective for obligations authorized at an election held after
69.4 	January 1, 2006.