1.1 	A bill for an act
1.2 	relating to elections; changing certain election and
1.3 	campaign finance provisions; amending Minnesota
1.4 	Statutes 2004, sections 3.02; 10A.01, subdivisions 5,
1.5 	9, by adding subdivisions; 10A.025, by adding a
1.6 	subdivision; 10A.071, subdivision 3; 10A.08; 10A.14,
1.7 	subdivision 1; 10A.20, subdivision 5, by adding
1.8 	subdivisions; 10A.25, subdivision 2; 10A.27,
1.9 	subdivision 1; 10A.28, subdivision 2; 10A.31,
1.10 	subdivision 4; 10A.322, subdivisions 2, 4, by adding a
1.11 	subdivision; 123B.63, subdivision 3; 126C.17,
1.12 	subdivision 11; 200.02, subdivisions 7, 23, by adding
1.13 	a subdivision; 201.061, subdivision 3; 201.071,
1.14 	subdivision 1; 201.091, subdivision 5; 203B.01,
1.15 	subdivision 3; 203B.02, subdivision 1; 203B.04,
1.16 	subdivisions 1, 4, by adding a subdivision; 203B.07,
1.17 	subdivision 2; 203B.11, subdivision 1; 203B.12,
1.18 	subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
1.19 	203B.24, subdivision 1; 204B.10, subdivision 6;
1.20 	204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
1.21 	204B.18, subdivision 1; 204B.22, subdivision 3;
1.22 	204B.27, subdivisions 1, 3; 204B.33; 204C.05,
1.23 	subdivision 1a, by adding a subdivision; 204C.08,
1.24 	subdivision 1; 204C.24, subdivision 1; 204C.28,
1.25 	subdivision 1; 204C.50, subdivision 1; 204D.03,
1.26 	subdivision 1; 204D.14, subdivision 3; 204D.27,
1.27 	subdivision 5; 205.10, subdivision 3; 205.175,
1.28 	subdivision 2; 205A.05, subdivision 1; 205A.09,
1.29 	subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by
1.30 	adding subdivisions; 206.57, subdivisions 1, 5, by
1.31 	adding a subdivision; 206.58, subdivision 1; 206.61,
1.32 	subdivisions 4, 5; 206.64, subdivision 1; 206.80;
1.33 	206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
1.34 	subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90,
1.35 	subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04,
1.36 	subdivision 1; 208.05; 208.06; 208.07; 208.08;
1.37 	211B.01, subdivision 3; 211B.13, subdivision 1;
1.38 	290.06, subdivision 23; 358.11; 373.40, subdivision 2;
1.39 	375.20; 414.01, by adding a subdivision; 447.32,
1.40 	subdivision 4; 458.40; 465.82, subdivision 2; 465.84;
1.41 	469.053, subdivision 5; 469.0724; 469.190, subdivision
1.42 	5; 471.895, subdivision 3; 475.521, subdivision 2;
1.43 	475.58, subdivisions 1, 1a; 475.59; proposing coding
1.44 	for new law in Minnesota Statutes, chapters 10A; 204D;
1.45 	205; 205A; 414; repealing Minnesota Statutes 2004,
1.46 	sections 204B.22, subdivision 2; 204C.05, subdivisions
2.1 	1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09;
2.2 	Minnesota Rules, parts 4501.0300, subparts 1, 4;
2.3 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
2.4 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500,
2.5 	subpart 9; 4503.0800, subpart 1.
2.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.7 	ARTICLE 1
2.8 	PRECINCT STATEMENTS

2.9 	Section 1. Minnesota Statutes 2004, section 204C.24,
2.10 	subdivision 1, is amended to read:
2.11 		Subdivision 1.Information requirements.  Precinct
2.12 	summary statements shall be submitted by the election judges in
2.13 	every precinct.  For state all elections, the election judges
2.14 	shall complete three or more copies of the summary statements,
2.15 	and each copy shall contain the following information for each
2.16 	kind of ballot:
2.17 	(a) the number of votes each candidate received or the
2.18 	number of yes and no votes on each question, the number of
2.19 	undervotes or partially blank ballots, and the number of
2.20 	overvotes or partially defective ballots with respect to each
2.21 	office or question;
2.22 	(b) the number of totally blank ballots, the number of
2.23 	totally defective ballots, the number of spoiled ballots, and
2.24 	the number of unused ballots;
2.25 	(c) the number of individuals who voted at the election in
2.26 	the precinct;
2.27 	(d) the number of voters registering on election day in
2.28 	that precinct; and
2.29 	(e) the signatures of the election judges who counted the
2.30 	ballots certifying that all of the ballots cast were properly
2.31 	piled, checked, and counted; and that the numbers entered by the
2.32 	election judges on the summary statements correctly show the
2.33 	number of votes cast for each candidate and for and against each
2.34 	question.
2.35 	At least two copies of the summary statement must be
2.36 	prepared for elections not held on the same day as the state
2.37 	elections.

2.38 	ARTICLE 2
3.1 	ELECTION ADMINISTRATION

3.2 	Section 1. Minnesota Statutes 2004, section 10A.01,
3.3 	subdivision 5, is amended to read:
3.4 		Subd. 5.Associated business.  "Associated business"
3.5 	means an association, corporation, partnership, limited
3.6 	liability company, limited liability partnership, or other
3.7 	organized legal entity from which the individual receives
3.8 	compensation in excess of $50, except for actual and reasonable
3.9 	expenses, in any month as a director, officer, owner, member,
3.10 	partner, employer or employee, or whose securities the
3.11 	individual holds worth $2,500 or more at fair market value.

3.12 	Sec. 2. Minnesota Statutes 2004, section 10A.01,
3.13 	subdivision 9, is amended to read:
3.14 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
3.15 	"expenditure" means a purchase or payment of money or anything
3.16 	of value, or an advance of credit, made or incurred for the
3.17 	purpose of influencing the nomination or election of a candidate
3.18 	or for the purpose of promoting or defeating a ballot question.
3.19 	"Campaign expenditure" includes payments for attending a
3.20 	state or national convention and payments for funeral gifts or
3.21 	memorials.
3.22 	An expenditure is considered to be made in the year in
3.23 	which the candidate made the purchase of goods or services or
3.24 	incurred an obligation to pay for goods or services.
3.25 	An expenditure made for the purpose of defeating a
3.26 	candidate is considered made for the purpose of influencing the
3.27 	nomination or election of that candidate or any opponent of that
3.28 	candidate.
3.29 	Except as provided in clause (1), "expenditure" includes
3.30 	the dollar value of a donation in kind.
3.31 	"Expenditure" does not include:
3.32 	(1) noncampaign disbursements as defined in subdivision 26;
3.33 	(2) services provided without compensation by an individual
3.34 	volunteering personal time on behalf of a candidate, ballot
3.35 	question, political committee, political fund, principal
3.36 	campaign committee, or party unit; or
4.1 	(3) the publishing or broadcasting of news items or
4.2 	editorial comments by the news media.
4.3 	
EFFECTIVE DATE. This section is effective the day
4.4 	following final enactment.

4.5 	Sec. 3. Minnesota Statutes 2004, section 10A.01, is
4.6 	amended by adding a subdivision to read:
4.7 		Subd. 17c.Immediate family. "Immediate family" means an
4.8 	individual and the individual's spouse, children, parents, and
4.9 	siblings.

4.10 	Sec. 4. Minnesota Statutes 2004, section 10A.025, is
4.11 	amended by adding a subdivision to read:
4.12 		Subd. 1a.Electronic filing. A report or statement
4.13 	required to be filed under this chapter may be filed
4.14 	electronically.  The board shall adopt rules to regulate
4.15 	electronic filing and to ensure that the electronic filing
4.16 	process is secure.

4.17 	Sec. 5. Minnesota Statutes 2004, section 10A.071,
4.18 	subdivision 3, is amended to read:
4.19 		Subd. 3.Exceptions.  (a) The prohibitions in this
4.20 	section do not apply if the gift is:
4.21 	(1) a contribution as defined in section 10A.01,
4.22 	subdivision 11;
4.23 	(2) services to assist an official in the performance of
4.24 	official duties, including but not limited to providing advice,
4.25 	consultation, information, and communication in connection with
4.26 	legislation, and services to constituents;
4.27 	(3) services of insignificant monetary value;
4.28 	(4) a plaque or similar memento recognizing individual
4.29 	services in a field of specialty or to a charitable cause;
4.30 	(5) a trinket or memento of insignificant with an actual
4.31 	market value of $15 or less;
4.32 	(6) informational material of unexceptional value; or 
4.33 	(7) food or a beverage given at a reception, meal, or
4.34 	meeting away from the recipient's place of work by an
4.35 	organization before whom the recipient appears to make a speech
4.36 	or answer questions as part of a program; or 
5.1 	(8) food or a beverage given at a reception held within the
5.2 	seven-county metropolitan area while the legislature is in
5.3 	session and to which all members of the legislature have been
5.4 	invited, and the cost does not exceed $5 for each legislator.
5.5 	(b) The prohibitions in this section do not apply if the
5.6 	gift is given:
5.7 	(1) because of the recipient's membership in a group, a
5.8 	majority of whose members are not officials, and an equivalent
5.9 	gift is given to the other members of the group; or
5.10 	(2) by a lobbyist or principal who is a member of the
5.11 	family of the recipient, unless the gift is given on behalf of
5.12 	someone who is not a member of that family.
5.13 	
EFFECTIVE DATE. This section is effective the day
5.14 	following final enactment.

5.15 	Sec. 6. Minnesota Statutes 2004, section 10A.08, is
5.16 	amended to read:
5.17 	10A.08 REPRESENTATION DISCLOSURE.
5.18 	A public official who represents a client for a fee before
5.19 	an individual, board, commission, or agency that has rulemaking
5.20 	authority in a hearing conducted under chapter 14, must disclose
5.21 	the official's participation in the action to the board within
5.22 	14 days after the appearance.  The board must send a notice by
5.23 	certified mail to any public official who fails to disclose the
5.24 	participation within 14 days after the appearance.  If the
5.25 	public official fails to disclose the participation within ten
5.26 	business days after the notice was sent, the board may impose a
5.27 	late filing fee of $5 per day, not to exceed $100, starting on
5.28 	the 11th day after the notice was sent. The board must send an
5.29 	additional notice by certified mail to a public official who
5.30 	fails to disclose the participation within 14 days after the
5.31 	first notice was sent by the board that the public official may
5.32 	be subject to a civil penalty for failure to disclose the
5.33 	participation.  A public official who fails to disclose the
5.34 	participation within seven days after the second notice was sent
5.35 	by the board is subject to a civil penalty imposed by the board
5.36 	of up to $1,000.

6.1 	Sec. 7. Minnesota Statutes 2004, section 10A.20,
6.2 	subdivision 5, is amended to read:
6.3 		Subd. 5.Preelection reports.  In a statewide election
6.4 	any loan, contribution, or contributions from any one source
6.5 	totaling $2,000 or more, or in any judicial district or
6.6 	legislative election totaling more than $400, received between
6.7 	the last day covered in the last report before an election and
6.8 	the election must be reported to the board in one of the
6.9 	following ways:
6.10 	(1) in person within 48 hours after its receipt;
6.11 	(2) by telegram or mailgram within 48 hours after its
6.12 	receipt; or 
6.13 	(3) by certified mail sent within 48 hours after its
6.14 	receipt; or 
6.15 	(4) by electronic means sent within 48 hours after its
6.16 	receipt.
6.17 	These loans and contributions must also be reported in the
6.18 	next required report.
6.19 	The 48-hour notice requirement does not apply with respect
6.20 	to a primary in which the statewide or legislative candidate is
6.21 	unopposed.

6.22 	Sec. 8. Minnesota Statutes 2004, section 10A.27,
6.23 	subdivision 1, is amended to read:
6.24 		Subdivision 1.Contribution limits.  (a) Except as
6.25 	provided in subdivision 2, a candidate must not permit the
6.26 	candidate's principal campaign committee to accept aggregate
6.27 	contributions made or delivered by any individual, political
6.28 	committee, or political fund in excess of the following:
6.29 	(1) to candidates for governor and lieutenant governor
6.30 	running together, $2,000 in an election year for the office
6.31 	sought and $500 in other years;
6.32 	(2) to a candidate for attorney general, $1,000 in an
6.33 	election year for the office sought and $200 in other years;
6.34 	(3) to a candidate for the office of secretary of state or
6.35 	state auditor, $500 in an election year for the office sought
6.36 	and $100 in other years;
7.1 	(4) to a candidate for state senator, $500 in an election
7.2 	year for the office sought and $100 in other years; and
7.3 	(5) to a candidate for state representative, $500 in an
7.4 	election year for the office sought and $100 in the other year.
7.5 	(b) The following deliveries are not subject to the
7.6 	bundling limitation in this subdivision:
7.7 	(1) delivery of contributions collected by a member of the
7.8 	candidate's principal campaign committee, such as a block worker
7.9 	or a volunteer who hosts a fund-raising event, to the
7.10 	committee's treasurer; and
7.11 	(2) a delivery made by an individual on behalf of the
7.12 	individual's spouse.
7.13 	(c) A lobbyist,political committee, political party unit,
7.14 	or political fund must not make a contribution a candidate is
7.15 	prohibited from accepting.

7.16 	Sec. 9. Minnesota Statutes 2004, section 10A.28,
7.17 	subdivision 2, is amended to read:
7.18 		Subd. 2.Exceeding contribution limits.  A lobbyist,
7.19 	political committee, political fund, political party unit,or
7.20 	principal campaign committee that makes a contribution, or a
7.21 	candidate who permits the candidate's principal campaign
7.22 	committee to accept contributions, in excess of the limits
7.23 	imposed by section 10A.27 is subject to a civil penalty of up to
7.24 	four times the amount by which the contribution exceeded the
7.25 	limits.

7.26 	Sec. 10. Minnesota Statutes 2004, section 10A.31,
7.27 	subdivision 4, is amended to read:
7.28 		Subd. 4.Appropriation.  (a) The amounts designated by
7.29 	individuals for the state elections campaign fund, less three
7.30 	percent, are appropriated from the general fund, must be
7.31 	transferred and credited to the appropriate account in the state
7.32 	elections campaign fund, and are annually appropriated for
7.33 	distribution as set forth in subdivisions 5, 5a, 6, and 7.  The
7.34 	remaining three percent must be kept in the general fund for
7.35 	administrative costs.
7.36 	(b) In addition to the amounts in paragraph (a), $1,500,000
8.1 	for each general election is appropriated from the general fund
8.2 	for transfer to the general account of the state elections
8.3 	campaign fund.
8.4 	Of this appropriation, $65,000 each fiscal year must be set
8.5 	aside to pay assessments made by the Office of Administrative
8.6 	Hearings under section 211B.37for nonfrivolous complaints.
8.7 	Amounts remaining after all assessments have been paid must be
8.8 	canceled to the general account.

8.9 	Sec. 11. Minnesota Statutes 2004, section 203B.04, is
8.10 	amended by adding a subdivision to read:
8.11 		Subd. 6.Ongoing absentee status; termination. (a) An
8.12 	eligible voter may apply to a county auditor or municipal clerk
8.13 	for status as an ongoing absentee voter who reasonably expects
8.14 	to meet the requirements of section 203B.02, subdivision 1.
8.15 	Each applicant must automatically be provided with an absentee
8.16 	ballot application for each ensuing election other than an
8.17 	election by mail conducted under section 204B.45, and must have
8.18 	the status of ongoing absentee voter indicated on the voter's
8.19 	registration record.
8.20 	(b) Ongoing absentee voter status ends on:
8.21 	(1) the voter's written request;
8.22 	(2) the voter's death;
8.23 	(3) return of an ongoing absentee ballot as undeliverable;
8.24 	(4) a change in the voter's status so that the voter is not
8.25 	eligible to vote under section 201.15 or 201.155; or 
8.26 	(5) placement of the voter's registration on inactive
8.27 	status under section 201.171.

8.28 	Sec. 12. Minnesota Statutes 2004, section 204C.24,
8.29 	subdivision 1, is amended to read:
8.30 		Subdivision 1.Information requirements.  Precinct
8.31 	summary statements shall be submitted by the election judges in
8.32 	every precinct.  For state all elections, the election judges
8.33 	shall complete three or more copies of the summary statements,
8.34 	and each copy shall contain the following information for each
8.35 	kind of ballot:
8.36 	(a) the number of votes each candidate received or the
9.1 	number of yes and no votes on each question, the number of
9.2 	undervotes or partially blank ballots, and the number of
9.3 	overvotes or partially defective ballots with respect to each
9.4 	office or question;
9.5 	(b) the number of totally blank ballots, the number of
9.6 	totally defective ballots, the number of spoiled ballots, and
9.7 	the number of unused ballots;
9.8 	(c) the number of individuals who voted at the election in
9.9 	the precinct;
9.10 	(d) the number of voters registering on election day in
9.11 	that precinct; and
9.12 	(e) the signatures of the election judges who counted the
9.13 	ballots certifying that all of the ballots cast were properly
9.14 	piled, checked, and counted; and that the numbers entered by the
9.15 	election judges on the summary statements correctly show the
9.16 	number of votes cast for each candidate and for and against each
9.17 	question.
9.18 	At least two copies of the summary statement must be
9.19 	prepared for elections not held on the same day as the state
9.20 	elections.

9.21 	Sec. 13. Minnesota Statutes 2004, section 204C.50,
9.22 	subdivision 1, is amended to read:
9.23 		Subdivision 1.Selection for review; notice.  (a)
9.24 	Postelection review under this section must be conducted only on
9.25 	the election for president, senator or representative in
9.26 	Congress, constitutional offices, and legislative offices.
9.27 	(b) The Office of the Secretary of State shall, within
9.28 	three days after each state general election beginning in 2006,
9.29 	randomly select 80 precincts for postelection review as defined
9.30 	in this section.  The precincts must be selected so that an
9.31 	equal number of precincts are selected in each congressional
9.32 	district of the state.  Of the precincts in each congressional
9.33 	district, at least five must have had more than 500 votes cast,
9.34 	and at least two must have had fewer than 500 votes cast.  The
9.35 	secretary of state must promptly provide notices of which
9.36 	precincts are chosen to the election administration officials
10.1 	who are responsible for the conduct of elections in those
10.2 	precincts.
10.3 	(b) (c) One week before the state general election
10.4 	beginning in 2006, the secretary of state must post on the
10.5 	office Web site the date, time, and location at which precincts
10.6 	will be randomly chosen for review under this section.  The
10.7 	chair of each major political party may appoint a designee to
10.8 	observe the random selection process.

10.9 	Sec. 14. Minnesota Statutes 2004, section 204D.03,
10.10 	subdivision 1, is amended to read:
10.11 		Subdivision 1.State primary. (a) The state primary
10.12 	shall be held on the first Tuesday after the second Monday in
10.13 	September in each even-numbered year to select the nominees of
10.14 	the major political parties for partisan offices and the
10.15 	nominees for nonpartisan offices to be filled at the state
10.16 	general election, other than presidential electors.
10.17 	(b) If in any municipality or county there are no partisan
10.18 	or nonpartisan offices for which nominees must be selected at
10.19 	the state primary, no state primary shall be held in the
10.20 	municipality or county.  However, no later than 15 days after
10.21 	the close of filings, the municipal clerk or county auditor in
10.22 	such a municipality or county must post a notice in the office
10.23 	and send a copy of the notice to the secretary of state, stating
10.24 	that no primary will be held in the municipality or county
10.25 	because there are no partisan or nonpartisan offices for which
10.26 	nominees must be selected in the municipality or county.

10.27 	Sec. 15. Minnesota Statutes 2004, section 206.57,
10.28 	subdivision 5, is amended to read:
10.29 		Subd. 5.Voting system for disabled voters. In federal
10.30 	and state elections held after December 31, 2005, and in county,
10.31 	municipal, and school district elections held after December 31,
10.32 	2007,the voting method used in each polling place must include
10.33 	a voting system that is accessible for individuals with
10.34 	disabilities, including nonvisual accessibility for the blind
10.35 	and visually impaired in a manner that provides the same
10.36 	opportunity for access and participation, including privacy and
11.1 	independence, as for other voters.

11.2 	Sec. 16. Minnesota Statutes 2004, section 208.03, is
11.3 	amended to read:
11.4 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
11.5 	Presidential electors for the major political parties of
11.6 	this state shall be nominated by delegate conventions called and
11.7 	held under the supervision of the respective state central
11.8 	committees of the parties of this state.  On or before primary
11.9 	election day the chair of the major political party shall
11.10 	certify to the secretary of state the names of the persons
11.11 	nominated as presidential electors, the names of eight alternate
11.12 	presidential electors,and the names of the party candidates for
11.13 	president and vice-president.

11.14 	Sec. 17. Minnesota Statutes 2004, section 208.04,
11.15 	subdivision 1, is amended to read:
11.16 		Subdivision 1.Form of presidential ballots.  When
11.17 	presidential electors and alternates are to be voted for, a vote
11.18 	cast for the party candidates for president and vice-president
11.19 	shall be deemed a vote for that party's electors and alternates 
11.20 	as filed with the secretary of state.  The secretary of state
11.21 	shall certify the names of all duly nominated presidential and
11.22 	vice-presidential candidates to the county auditors of the
11.23 	counties of the state.  Each county auditor, subject to the
11.24 	rules of the secretary of state, shall cause the names of the
11.25 	candidates of each major political party and the candidates
11.26 	nominated by petition to be printed in capital letters, set in
11.27 	type of the same size and style as for candidates on the state
11.28 	white ballot, before the party designation.  To the left of, and
11.29 	on the same line with the names of the candidates for president
11.30 	and vice-president, near the margin, shall be placed a square or
11.31 	box, in which the voters may indicate their choice by marking an
11.32 	"X."
11.33 	The form for the presidential ballot and the relative
11.34 	position of the several candidates shall be determined by the
11.35 	rules applicable to other state officers.  The state ballot,
11.36 	with the required heading, shall be printed on the same piece of
12.1 	paper and shall be below the presidential ballot with a blank
12.2 	space between one inch in width.

12.3 	Sec. 18. Minnesota Statutes 2004, section 208.05, is
12.4 	amended to read:
12.5 	208.05 STATE CANVASSING BOARD.
12.6 	The State Canvassing Board at its meeting on the second
12.7 	Tuesday after each state general election shall open and canvass
12.8 	the returns made to the secretary of state for presidential
12.9 	electors and alternates, prepare a statement of the number of
12.10 	votes cast for the persons receiving votes for these offices,
12.11 	and declare the person or persons receiving the highest number
12.12 	of votes for each office duly elected.  When it appears that
12.13 	more than the number of persons to be elected as presidential
12.14 	electors or alternates have the highest and an equal number of
12.15 	votes, the secretary of state, in the presence of the board
12.16 	shall decide by lot which of the persons shall be declared
12.17 	elected.  The governor shall transmit to each person declared
12.18 	elected a certificate of election, signed by the governor,
12.19 	sealed with the state seal, and countersigned by the secretary
12.20 	of state.

12.21 	Sec. 19. Minnesota Statutes 2004, section 208.06, is
12.22 	amended to read:
12.23 	208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.
12.24 	The presidential electors and alternate presidential
12.25 	electors, before 12:00 M. on the day before that fixed by
12.26 	Congress for the electors to vote for president and
12.27 	vice-president of the United States, shall notify the governor
12.28 	that they are at the State Capitol and ready at the proper time
12.29 	to fulfill their duties as electors.  The governor shall deliver
12.30 	to the electors present a certificate of the names of all the
12.31 	electors.  If any elector named therein fails to appear before
12.32 	9:00 a.m. on the day, and at the place, fixed for voting for
12.33 	president and vice-president of the United States, an alternate,
12.34 	chosen from among the alternates by lot, shall be appointed to
12.35 	act for that elector.  If more than eight alternates are
12.36 	necessary,the electors present shall, in the presence of the
13.1 	governor, immediately elect by ballot a person to fill the
13.2 	vacancy.  If more than the number of persons required have the
13.3 	highest and an equal number of votes, the governor, in the
13.4 	presence of the electors attending, shall decide by lot which of
13.5 	those persons shall be elected.

13.6 	Sec. 20. Minnesota Statutes 2004, section 208.07, is
13.7 	amended to read:
13.8 	208.07 CERTIFICATE OF ELECTORS.
13.9 	Immediately after the vacancies have been filled, the
13.10 	original electors and alternates present shall certify to the
13.11 	governor the names of the persons elected to complete their
13.12 	number, and the governor shall at once cause written notice to
13.13 	be given to each person elected to fill a vacancy.  The persons
13.14 	so chosen shall be presidential electors and shall meet and act
13.15 	with the other electors.

13.16 	Sec. 21. Minnesota Statutes 2004, section 208.08, is
13.17 	amended to read:
13.18 	208.08 ELECTORS TO MEET AT STATE CAPITOL.
13.19 	The original, alternate,and substituted presidential
13.20 	electors, at 12:00 M., shall meet in the executive chamber at
13.21 	the State Capitol and shall perform all the duties imposed upon
13.22 	them as electors by the Constitution and laws of the United
13.23 	States and this state.
13.24 	Each elector, as a condition of having been chosen under
13.25 	the name of the party of a presidential and a vice-presidential
13.26 	candidate, is obligated to vote for those candidates.  The
13.27 	elector shall speak aloud or affirm in a nonverbal manner the
13.28 	name of the candidate for president and for vice-president for
13.29 	whom the elector is voting and then confirm that vote by written
13.30 	public ballot.
13.31 	If an elector fails to cast a ballot for the presidential
13.32 	or vice-presidential candidate of the party under whose name the
13.33 	elector was chosen, the elector's vote or abstention is
13.34 	invalidated and an alternate presidential elector, chosen by lot
13.35 	from among the alternates, shall cast a ballot in the name of
13.36 	the elector for the presidential and vice-presidential candidate
14.1 	of the party under whose name the elector was chosen.  The
14.2 	invalidation of an elector's vote or abstention on the ballot
14.3 	for president or vice-president does not apply if the
14.4 	presidential candidate under whose party's name the elector was
14.5 	chosen has without condition released the elector or has died or
14.6 	become mentally disabled.  The invalidation of an elector's vote
14.7 	or abstention on the ballot for vice-president does not apply if
14.8 	the vice-presidential candidate under whose party's name the
14.9 	elector was chosen has released without condition the elector or
14.10 	has died or become mentally disabled.

14.11 	Sec. 22. Minnesota Statutes 2004, section 211B.13,
14.12 	subdivision 1, is amended to read:
14.13 		Subdivision 1.Bribery, advancing money, and treating
14.14 	prohibited.  A person who willfully, directly or indirectly,
14.15 	advances, pays, gives, promises, or lends any money, food,
14.16 	liquor, clothing, entertainment, or other thing of monetary
14.17 	value, or who offers, promises, or endeavors to obtain any
14.18 	money, position, appointment, employment, or other valuable
14.19 	consideration, to or for a person, in order to induce a voter to
14.20 	refrain from voting, or to vote in a particular way, at an
14.21 	election, is guilty of a felony.  This section does not prevent
14.22 	a candidate from stating publicly preference for or support of
14.23 	another candidate to be voted for at the same primary or
14.24 	election.  Refreshments of food or and nonalcoholic beverages of
14.25 	nominal value consumed on the premises at a private gathering or
14.26 	public meeting or distributed at a public parade are not
14.27 	prohibited under this section.

14.28 	Sec. 23. Minnesota Statutes 2004, section 471.895,
14.29 	subdivision 3, is amended to read:
14.30 		Subd. 3.Exceptions.  (a) The prohibitions in this
14.31 	section do not apply if the gift is:
14.32 	(1) a contribution as defined in section 211A.01,
14.33 	subdivision 5;
14.34 	(2) services to assist an official in the performance of
14.35 	official duties, including but not limited to providing advice,
14.36 	consultation, information, and communication in connection with
15.1 	legislation, and services to constituents;
15.2 	(3) services of insignificant monetary value;
15.3 	(4) a plaque or similar memento recognizing individual
15.4 	services in a field of specialty or to a charitable cause;
15.5 	(5) a trinket or memento of insignificant with an actual
15.6 	market value of $5 or less;
15.7 	(6) informational material of unexceptional value; or
15.8 	(7) food or a beverage given at a reception, meal, or
15.9 	meeting away from the recipient's place of work by an
15.10 	organization before whom the recipient appears to make a speech
15.11 	or answer questions as part of a program.
15.12 	(b) The prohibitions in this section do not apply if the
15.13 	gift is given:
15.14 	(1) because of the recipient's membership in a group, a
15.15 	majority of whose members are not local officials, and an
15.16 	equivalent gift is given or offered to the other members of the
15.17 	group;
15.18 	(2) by an interested person who is a member of the family
15.19 	of the recipient, unless the gift is given on behalf of someone
15.20 	who is not a member of that family; or
15.21 	(3) by a national or multistate organization of
15.22 	governmental organizations or public officials, if a majority of
15.23 	the dues to the organization are paid from public funds, to
15.24 	attendees at a conference sponsored by that organization, if the
15.25 	gift is food or a beverage given at a reception or meal and an
15.26 	equivalent gift is given or offered to all other attendees.
15.27 	
EFFECTIVE DATE. This section is effective the day
15.28 	following final enactment.

15.29 	Sec. 24. REPEALER.
 15.30 	Minnesota Statutes 2004, section 204C.50, subdivision 7, is
15.31 	repealed.
15.32 	Minnesota Rules, parts 4501.0300, subparts 1 and 4;
15.33 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
15.34 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
15.35 	9; and 4503.0800, subpart 1, are repealed.

15.36 	ARTICLE 3
16.1 	ELECTION PROCEDURES

16.2 	Section 1. Minnesota Statutes 2004, section 3.02, is
16.3 	amended to read:
16.4 	3.02 EVIDENCE OF MEMBERSHIP.
16.5 	For all purposes of organization of either house of the
16.6 	legislature, a certificate of election to it, duly executed by
16.7 	the secretary of state, is prima facie evidence of the right to
16.8 	membership of the person named in it. The secretary of state
16.9 	shall issue the certificate of election in duplicate and shall
16.10 	file and retain one copy for the official records of the state
16.11 	and present one copy to each legislator.

16.12 	Sec. 2. Minnesota Statutes 2004, section 200.02,
16.13 	subdivision 7, is amended to read:
16.14 		Subd. 7.Major political party.  (a) "Major political
16.15 	party" means a political party that maintains a party
16.16 	organization in the state, political division or precinct in
16.17 	question and that has presented at least one candidate for
16.18 	election to the office of:
16.19 	(1) governor and lieutenant governor, secretary of state,
16.20 	state auditor, or attorney general at the last preceding state
16.21 	general election for those offices; or
16.22 	(2) presidential elector or U.S. senator at the last
16.23 	preceding state general election for presidential electors; and
16.24 	whose candidate received votes in each county in that
16.25 	election and received votes from not less than five percent of
16.26 	the total number of individuals who voted in that election.
16.27 	(b) "Major political party" also means a political party
16.28 	that maintains a party organization in the state, political
16.29 	subdivision, or precinct in question and whose members present
16.30 	to the secretary of state at any time before the close of filing
16.31 	for the state partisan primary ballot a petition for a place on
16.32 	the state partisan primary ballot, which petition contains
16.33 	signatures of a number of the party members equal to at least
16.34 	five percent of the total number of individuals who voted in the
16.35 	preceding state general election.
16.36 	(c) A political party whose candidate receives a sufficient
17.1 	number of votes at a state general election described in
17.2 	paragraph (a) becomes a major political party as of January 1
17.3 	following that election and retains its major party status
17.4 	notwithstanding that for at least two state general elections
17.5 	even if the party fails to present a candidate who receives the
17.6 	number and percentage of votes required under paragraph (a)
17.7 	at the following subsequent state general election elections.
17.8 	(d) A major political party whose candidates fail to
17.9 	receive the number and percentage of votes required under
17.10 	paragraph (a) at either each of two consecutive state general
17.11 	election elections described by paragraph (a) loses major party
17.12 	status as of December 31 following the most recent later of the
17.13 	two consecutive state general election elections.

17.14 	Sec. 3. Minnesota Statutes 2004, section 200.02,
17.15 	subdivision 23, is amended to read:
17.16 		Subd. 23.Minor political party.  (a) "Minor political
17.17 	party" means a political party that is not a major political
17.18 	party as defined by subdivision 7 and that has adopted a state
17.19 	constitution, designated a state party chair, held a state
17.20 	convention in the last two years, filed with the secretary of
17.21 	state no later than December 31 following the most recent state
17.22 	general election a certification that the party has met the
17.23 	foregoing requirements, and met the requirements of paragraph
17.24 	(b) or (e), as applicable.
17.25 	(b) To be considered a minor party in all elections
17.26 	statewide, the political party must have presented at least one
17.27 	candidate for election to the office of:
17.28 	(1) governor and lieutenant governor, secretary of state,
17.29 	state auditor, or attorney general, at the last preceding state
17.30 	general election for those offices; or
17.31 	(2) presidential elector or U.S. senator at the preceding
17.32 	state general election for presidential electors; and
17.33 	who received votes in each county that in the aggregate equal at
17.34 	least one percent of the total number of individuals who voted
17.35 	in the election, or its members must have presented to the
17.36 	secretary of state at any time before the close of filing for
18.1 	the state partisan primary ballot a nominating petition in a
18.2 	form prescribed by the secretary of state containing the
18.3 	signatures of party members in a number equal to at least one
18.4 	percent of the total number of individuals who voted in the
18.5 	preceding state general election.
18.6 	(c) A political party whose candidate receives a sufficient
18.7 	number of votes at a state general election described in
18.8 	paragraph (b) becomes a minor political party as of January 1
18.9 	following that election and retains its minor party status
18.10 	notwithstanding that for at least two state general elections
18.11 	even if the party fails to present a candidate who receives the
18.12 	number and percentage of votes required under paragraph (b)
18.13 	at the following subsequent state general election elections.
18.14 	(d) A minor political party whose candidates fail to
18.15 	receive the number and percentage of votes required under
18.16 	paragraph (b) at either each of two consecutive state general
18.17 	election elections described by paragraph (b) loses minor party
18.18 	status as of December 31 following the most recent later of the
18.19 	two consecutive state general election elections.
18.20 	(e) To be considered a minor party in an election in a
18.21 	legislative district, the political party must have presented at
18.22 	least one candidate for a legislative office in that district
18.23 	who received votes from at least ten percent of the total number
18.24 	of individuals who voted for that office, or its members must
18.25 	have presented to the secretary of state a nominating petition
18.26 	in a form prescribed by the secretary of state containing the
18.27 	signatures of party members in a number equal to at least ten
18.28 	percent of the total number of individuals who voted in the
18.29 	preceding state general election for that legislative office.

18.30 	Sec. 4. Minnesota Statutes 2004, section 200.02, is
18.31 	amended by adding a subdivision to read:
18.32 		Subd. 24.Metropolitan area. "Metropolitan area" means
18.33 	the counties of Ramsey, Hennepin, Anoka, Washington, Dakota,
18.34 	Scott, Carver, Wright, Sherburne, Isanti, and Chisago.

18.35 	Sec. 5. Minnesota Statutes 2004, section 201.061,
18.36 	subdivision 3, is amended to read:
19.1 		Subd. 3.Election day registration.  An individual who is
19.2 	eligible to vote may register on election day by appearing in
19.3 	person at the polling place for the precinct in which the
19.4 	individual maintains residence, by completing a registration
19.5 	application, making an oath in the form prescribed by the
19.6 	secretary of state and providing proof of residence.  An
19.7 	individual may prove residence for purposes of registering by:
19.8 	(1) presenting a driver's license or Minnesota
19.9 	identification card issued pursuant to section 171.07;
19.10 	(2) presenting any document approved by the secretary of
19.11 	state as proper identification;
19.12 	(3) presenting one of the following:
19.13 	(i) a current valid student identification card from a
19.14 	postsecondary educational institution in Minnesota, if a list of
19.15 	students from that institution has been prepared under section
19.16 	135A.17 and certified to the county auditor in the manner
19.17 	provided in rules of the secretary of state; or
19.18 	(ii) a current student fee statement that contains the
19.19 	student's valid address in the precinct together with a picture
19.20 	identification card; or
19.21 	(4) having a voter who is registered to vote in the
19.22 	precinct sign an oath in the presence of the election judge
19.23 	vouching that the voter personally knows that the individual is
19.24 	a resident of the precinct.  A voter who has been vouched for on
19.25 	election day may not sign a proof of residence oath vouching for
19.26 	any other individual on that election day.
19.27 	For tribal band members living on an Indian reservation, an
19.28 	individual may prove residence for purposes of registering by
19.29 	presenting an identification card issued by the tribal
19.30 	government of a tribe recognized by the Bureau of Indian
19.31 	Affairs, United States Department of the Interior, that contains
19.32 	the name, street address, signature, and picture of the
19.33 	individual. The county auditor of each county having territory
19.34 	within the reservation shall maintain a record of the number of
19.35 	election day registrations accepted under this section.
19.36 	A county, school district, or municipality may require that
20.1 	an election judge responsible for election day registration
20.2 	initial each completed registration application.

20.3 	Sec. 6. Minnesota Statutes 2004, section 201.071,
20.4 	subdivision 1, is amended to read:
20.5 		Subdivision 1.Form.  A voter registration application
20.6 	must be of suitable size and weight for mailing and contain
20.7 	spaces for the following required information:  voter's first
20.8 	name, middle name, and last name; voter's previous name, if any;
20.9 	voter's current address; voter's previous address, if any;
20.10 	voter's date of birth; voter's municipality and county of
20.11 	residence; voter's telephone number, if provided by the voter;
20.12 	date of registration; current and valid Minnesota driver's
20.13 	license number or Minnesota state identification number, or if
20.14 	the voter has no current and valid Minnesota driver's license or
20.15 	Minnesota state identification, the last four digits of the
20.16 	voter's Social Security number; and voter's signature.  The
20.17 	registration application may include the voter's e-mail address,
20.18 	if provided by the voter, and the voter's interest in serving as
20.19 	an election judge, if indicated by the voter.  The application
20.20 	must also contain the following certification of voter
20.21 	eligibility:
20.22 	"I certify that I:
20.23 	(1) will be at least 18 years old on election day;
20.24 	(2) am a citizen of the United States;
20.25 	(3) will have resided in Minnesota for 20 days immediately
20.26 	preceding election day;
20.27 	(4) maintain residence at the address given on the
20.28 	registration form;
20.29 	(5) am not under court-ordered guardianship of the person
20.30 	where I have not retained the right to vote;
20.31 	(6) have not been found by a court to be legally
20.32 	incompetent to vote;
20.33 	(7) have not been convicted of a felony without having my
20.34 	civil rights restored; and
20.35 	(8) have read and understand the following statement:  that
20.36 	giving false information is a felony punishable by not more than
21.1 	five years imprisonment or a fine of not more than $10,000, or
21.2 	both."
21.3 	The certification must include boxes for the voter to
21.4 	respond to the following questions:
21.5 	"(1) Are you a citizen of the United States?" and
21.6 	"(2) Will you be 18 years old on or before election day?"
21.7 	And the instruction:
21.8 	"If you checked 'no' to either of these questions, do not
21.9 	complete this form."
21.10 	The form of the voter registration application and the
21.11 	certification of voter eligibility must be as provided in this
21.12 	subdivision and approved by the secretary of state.  Voter
21.13 	registration forms authorized by the National Voter Registration
21.14 	Act may must also be accepted as valid. The federal postcard
21.15 	application form must also be accepted as valid if it is not
21.16 	deficient and the voter is eligible to register in Minnesota.
21.17 	An individual may use a voter registration application to
21.18 	apply to register to vote in Minnesota or to change information
21.19 	on an existing registration.

21.20 	Sec. 7. Minnesota Statutes 2004, section 201.091,
21.21 	subdivision 5, is amended to read:
21.22 		Subd. 5.Copy of list to registered voter.  The county
21.23 	auditors and the secretary of state shall provide copies of the
21.24 	public information lists in electronic or other media to any
21.25 	voter registered in Minnesota within ten days of receiving a
21.26 	written or electronic request accompanied by payment of the cost
21.27 	of reproduction.  The county auditors and the secretary of state
21.28 	shall make a copy of the list available for public inspection
21.29 	without cost.  An individual who inspects or acquires a copy of
21.30 	a public information list may not use any information contained
21.31 	in it for purposes unrelated to elections, political activities,
21.32 	or law enforcement.

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

22.3 	Sec. 9. Minnesota Statutes 2004, section 203B.02,
22.4 	subdivision 1, is amended to read:
22.5 		Subdivision 1.unable to go to absence from polling
22.6 	place. (a) Any eligible voter who reasonably expects to be
22.7 	unable to go to absent from the polling place on election day in
22.8 	the precinct where the individual maintains residence because of
22.9 	absence from the precinct, illness, disability, religious
22.10 	discipline, observance of a religious holiday, or service as an
22.11 	election judge in another precinct may vote by absentee ballot 
22.12 	in person at any location where absentee ballots may be cast
22.13 	pursuant to sections 203B.081 and 203B.085, during the 18 days
22.14 	preceding any election.  This subdivision does not apply to a
22.15 	special election to fill a vacancy in office pursuant to
22.16 	sections 204D.17 to 204D.27 not held concurrently with a state
22.17 	primary or general election as provided in sections 203B.04 to
22.18 	203B.15.
22.19 	(b) Any eligible voter who reasonably expects to be unable
22.20 	to go to the polling place on election day in the precinct where
22.21 	the individual maintains residence because of absence from the
22.22 	precinct, illness, disability, religious discipline, observance
22.23 	of a religious holiday, or service as an election judge in
22.24 	another precinct may vote by absentee ballot as provided in
22.25 	sections 203B.04 to 203B.15.

22.26 	Sec. 10. Minnesota Statutes 2004, section 203B.04,
22.27 	subdivision 1, is amended to read:
22.28 		Subdivision 1.Application procedures.  Except as
22.29 	otherwise allowed by subdivision 2, an application for absentee
22.30 	ballots for any election may be submitted at any time not less
22.31 	than one day before the day of that election.  The county
22.32 	auditor shall prepare absentee ballot application forms in the
22.33 	format provided in the rules of by the secretary of state,
22.34 	notwithstanding rules on absentee ballot forms,and shall
22.35 	furnish them to any person on request. By January 1 of each
22.36 	even-numbered year, the secretary of state shall make the forms
23.1 	to be used available to auditors through electronic means.An
23.2 	application submitted pursuant to this subdivision shall be in
23.3 	writing and shall be submitted to:
23.4 	(a) the county auditor of the county where the applicant
23.5 	maintains residence; or
23.6 	(b) the municipal clerk of the municipality, or school
23.7 	district if applicable, where the applicant maintains residence.
23.8 	An application shall be approved if it is timely received,
23.9 	signed and dated by the applicant, contains the applicant's name
23.10 	and residence and mailing addresses, and states that the
23.11 	applicant is eligible to vote by absentee ballot for one of the
23.12 	reasons specified in section 203B.02.  The application may
23.13 	contain a request for the voter's date of birth, which must not
23.14 	be made available for public inspection.  An application may be
23.15 	submitted to the county auditor or municipal clerk by an
23.16 	electronic facsimile device.  An application mailed or returned
23.17 	in person to the county auditor or municipal clerk on behalf of
23.18 	a voter by a person other than the voter must be deposited in
23.19 	the mail or returned in person to the county auditor or
23.20 	municipal clerk within ten days after it has been dated by the
23.21 	voter and no later than six days before the election.  The
23.22 	absentee ballot applications or a list of persons applying for
23.23 	an absentee ballot may not be made available for public
23.24 	inspection until the close of voting on election day.
23.25 	An application under this subdivision may contain an
23.26 	application under subdivision 5 to automatically receive an
23.27 	absentee ballot application.

23.28 	Sec. 11. Minnesota Statutes 2004, section 203B.04,
23.29 	subdivision 4, is amended to read:
23.30 		Subd. 4.Registration at time of application.  An
23.31 	eligible voter who is not registered to vote but who is
23.32 	otherwise eligible to vote by absentee ballot may register by
23.33 	including a completed voter registration card with the absentee
23.34 	ballot.  The individual shall present proof of residence as
23.35 	required by section 201.061, subdivision 3, to the individual
23.36 	who witnesses the marking of the absentee ballots. A military
24.1 	voter, as defined in section 203B.01, may register in this
24.2 	manner if voting pursuant to sections 203B.04 to 203B.15, or may
24.3 	register pursuant to sections 203B.16 to 203B.27.

24.4 	Sec. 12. Minnesota Statutes 2004, section 203B.07,
24.5 	subdivision 2, is amended to read:
24.6 		Subd. 2.Design of envelopes.  The return envelope shall
24.7 	be of sufficient size to conveniently enclose and contain the
24.8 	ballot envelope and a voter registration card folded along its
24.9 	perforations.  The return envelope shall be designed to open on
24.10 	the left-hand end and, notwithstanding any rule to the contrary,
24.11 	the design must provide an additional flap that when sealed,
24.12 	conceals the signature, identification, and other information.
24.13 	Election officials may open the flap at any time after receiving
24.14 	the returned ballot to inspect the returned certificate for
24.15 	completeness or to ascertain other information.  A certificate
24.16 	of eligibility to vote by absentee ballot shall be printed on
24.17 	the right hand three-fourths of the back of the envelope.  The
24.18 	certificate shall contain a statement to be signed and sworn by
24.19 	the voter indicating that the voter meets all of the
24.20 	requirements established by law for voting by absentee ballot.
24.21 	The certificate shall also contain a statement signed by a
24.22 	person who is registered to vote in Minnesota or by a notary
24.23 	public or other individual authorized to administer oaths
24.24 	stating that:
24.25 	(a) the ballots were displayed to that individual unmarked;
24.26 	(b) the voter marked the ballots in that individual's
24.27 	presence without showing how they were marked, or, if the voter
24.28 	was physically unable to mark them, that the voter directed
24.29 	another individual to mark them; and
24.30 	(c) if the voter was not previously registered, the voter
24.31 	has provided proof of residence as required by section 201.061,
24.32 	subdivision 3.
24.33 	The county auditor or municipal clerk shall affix first
24.34 	class postage to the return envelopes.

24.35 	Sec. 13. Minnesota Statutes 2004, section 203B.11,
24.36 	subdivision 1, is amended to read:
25.1 		Subdivision 1.Generally.  Each full-time municipal clerk
25.2 	or school district clerk who has authority under section 203B.05
25.3 	to administer absentee voting laws shall designate election
25.4 	judges to deliver absentee ballots in accordance with this
25.5 	section.  The county auditor may must also designate election
25.6 	judges to perform the duties in this section.  A ballot may be
25.7 	delivered only to an eligible voter who is a temporary or
25.8 	permanent resident or patient in a health care facility or
25.9 	hospital located in the municipality in which the voter
25.10 	maintains residence.  The ballots shall be delivered by two
25.11 	election judges, each of whom is affiliated with a different
25.12 	major political party.  When the election judges deliver or
25.13 	return ballots as provided in this section, they shall travel
25.14 	together in the same vehicle.  Both election judges shall be
25.15 	present when an applicant completes the certificate of
25.16 	eligibility and marks the absentee ballots, and may assist an
25.17 	applicant as provided in section 204C.15.  The election judges
25.18 	shall deposit the return envelopes containing the marked
25.19 	absentee ballots in a sealed container and return them to the
25.20 	clerk on the same day that they are delivered and marked.

25.21 	Sec. 14. Minnesota Statutes 2004, section 203B.12,
25.22 	subdivision 2, is amended to read:
25.23 		Subd. 2.Examination of return envelopes.  Two or more
25.24 	election judges shall examine each return envelope and shall
25.25 	mark it accepted or rejected in the manner provided in this
25.26 	subdivision.  If a ballot has been prepared under section
25.27 	204B.12, subdivision 2a, or 204B.41, the election judges shall
25.28 	not begin removing ballot envelopes from the return envelopes
25.29 	until 8:00 p.m. on election day, either in the polling place or
25.30 	at an absentee ballot board established under section 203B.13.
25.31 	The election judges shall mark the return envelope
25.32 	"Accepted" and initial or sign the return envelope below the
25.33 	word "Accepted" if the election judges or a majority of them are
25.34 	satisfied that:
25.35 	(1) the voter's name and address on the return envelope are
25.36 	the same as the information provided on the absentee ballot
26.1 	application;
26.2 	(2) the voter's signature on the return envelope is the
26.3 	genuine signature of the individual who made the application for
26.4 	ballots and the certificate has been completed as prescribed in
26.5 	the directions for casting an absentee ballot, except that if a
26.6 	person other than the voter applied for the absentee ballot
26.7 	under applicable Minnesota Rules, the signature is not required
26.8 	to match;
26.9 	(3) the voter is registered and eligible to vote in the
26.10 	precinct or has included a properly completed voter registration
26.11 	application in the return envelope; and
26.12 	(4) the voter has not already voted at that election,
26.13 	either in person or by absentee ballot.
26.14 	There is no other reason for rejecting an absentee ballot.
26.15 	In particular, failure to place the envelope within the security
26.16 	envelope before placing it in the outer white envelope is not a
26.17 	reason to reject an absentee ballot.
26.18 	The return envelope from accepted ballots must be preserved
26.19 	and returned to the county auditor.
26.20 	If all or a majority of the election judges examining
26.21 	return envelopes find that an absent voter has failed to meet
26.22 	one of the requirements prescribed in clauses (1) to (4), they
26.23 	shall mark the return envelope "Rejected," initial or sign it
26.24 	below the word "Rejected," and return it to the county auditor.

26.25 	Sec. 15. Minnesota Statutes 2004, section 203B.20, is
26.26 	amended to read:
26.27 	203B.20 CHALLENGES.
26.28 	Except as provided in this section, the eligibility or
26.29 	residence of a voter whose application for absentee ballots is
26.30 	recorded under section 203B.19 may be challenged in the manner
26.31 	set forth by section 201.195.  The county auditor or municipal
26.32 	clerk shall not be required to serve a copy of the petition and
26.33 	notice of hearing on the challenged voter, unless the absentee
26.34 	ballot application was submitted on behalf of a voter by an
26.35 	individual authorized under section 203B.17, subdivision 1,
26.36 	paragraph (a), in which case the county auditor must attempt to
27.1 	notify the individual who submitted the application of the
27.2 	challenge.  The county auditor may contact other registered
27.3 	voters to request information that may resolve any discrepancies
27.4 	appearing in the application.  All reasonable doubt shall be
27.5 	resolved in favor of the validity of the application.  If the
27.6 	voter's challenge is affirmed, the county auditor shall provide
27.7 	the challenged voter with a copy of the petition and the
27.8 	decision and shall inform the voter of the right to appeal as
27.9 	provided in section 201.195.

27.10 	Sec. 16. Minnesota Statutes 2004, section 203B.21,
27.11 	subdivision 1, is amended to read:
27.12 		Subdivision 1.Form.  Absentee ballots under sections
27.13 	203B.16 to 203B.27 shall conform to the requirements of the
27.14 	Minnesota Election Law, except that modifications in the size or
27.15 	form of ballots or envelopes may be made if necessary to satisfy
27.16 	the requirements of the United States Postal Service, and the
27.17 	design must provide an additional flap that when sealed,
27.18 	conceals the signature, identification, and other information.
27.19 	The flap must be perforated to permit election officials to
27.20 	inspect the returned certificate for completeness or to
27.21 	ascertain other information at any time after receiving the
27.22 	returned ballot without opening the return envelope.

27.23 	Sec. 17. Minnesota Statutes 2004, section 203B.21,
27.24 	subdivision 3, is amended to read:
27.25 		Subd. 3.Back of return envelope.  On the back of the
27.26 	return envelope an affidavit form shall appear with space for:
27.27 	(a) The voter's address of present or former residence in
27.28 	Minnesota;
27.29 	(b) A statement indicating the category described in
27.30 	section 203B.16 to which the voter belongs;
27.31 	(c) A statement that the voter has not cast and will not
27.32 	cast another absentee ballot in the same election or elections;
27.33 	(d) A statement that the voter personally marked the
27.34 	ballots without showing them to anyone, or if physically unable
27.35 	to mark them, that the voter directed another individual to mark
27.36 	them; and
28.1 	(e) The voter's military identification card number,
28.2 	passport number, or, if the voter does not have a valid passport
28.3 	or identification card, the signature and certification of an
28.4 	individual authorized to administer oaths under federal law or
28.5 	the law of the place where the oath was administered or a 
28.6 	commissioned or noncommissioned officer personnel of the
28.7 	military not below the rank of sergeant or its equivalent.
28.8 	The affidavit shall also contain a signed and dated oath in
28.9 	the form required by section 705 of the Help America Vote Act,
28.10 	Public Law 107-252, which must read:
28.11 	"I swear or affirm, under penalty of perjury, that:
28.12 	I am a member of the uniformed services or merchant marine
28.13 	on active duty or an eligible spouse or dependent of such a
28.14 	member; a United States citizen temporarily residing outside the
28.15 	United States; or other United States citizen residing outside
28.16 	the United States; and I am a United States citizen, at least 18
28.17 	years of age (or will be by the date of the election), and I am
28.18 	eligible to vote in the requested jurisdiction; I have not been
28.19 	convicted of a felony, or other disqualifying offense, or been
28.20 	adjudicated mentally incompetent, or, if so, my voting rights
28.21 	have been reinstated; and I am not registering, requesting a
28.22 	ballot, or voting in any other jurisdiction in the United States
28.23 	except the jurisdiction cited in this voting form.  In voting, I
28.24 	have marked and sealed my ballot in private and have not allowed
28.25 	any person to observe the marking of the ballot, except for
28.26 	those authorized to assist voters under state or federal law.  I
28.27 	have not been influenced.
28.28 	My signature and date below indicate when I completed this
28.29 	document.
28.30 	The information on this form is true, accurate, and
28.31 	complete to the best of my knowledge.  I understand that a
28.32 	material misstatement of fact in completion of this document may
28.33 	constitute grounds for a conviction for perjury." 

28.34 	Sec. 18. Minnesota Statutes 2004, section 203B.24,
28.35 	subdivision 1, is amended to read:
28.36 		Subdivision 1.Check of voter eligibility; proper
29.1 	execution of affidavit.  Upon receipt of an absentee ballot
29.2 	returned as provided in sections 203B.16 to 203B.27, the
29.3 	election judges shall compare the voter's name with the names
29.4 	appearing on their copy of the application records to insure
29.5 	that the ballot is from a voter eligible to cast an absentee
29.6 	ballot under sections 203B.16 to 203B.27. Any discrepancy or
29.7 	disqualifying fact shall be noted on the envelope by the
29.8 	election judges.The election judges shall mark the return
29.9 	envelope "Accepted" and initial or sign the return envelope
29.10 	below the word "Accepted" if the election judges are satisfied
29.11 	that:
29.12 	(1) the voter's name on the return envelope appears in
29.13 	substantially the same form as on the application records
29.14 	provided to the election judges by the county auditor;
29.15 	(2) the voter has signed the federal oath prescribed
29.16 	pursuant to section 705(b)(2) of the Help America Vote Act,
29.17 	Public Law 107-252;
29.18 	(3) the voter has set forth the voter's military
29.19 	identification number or passport number or, if those numbers do
29.20 	not appear, a person authorized to administer oaths under
29.21 	federal law or the law of the place where the oath was
29.22 	administered or a witness who is military personnel with a rank
29.23 	at or above the rank of sergeant or its equivalent has signed
29.24 	the ballot; and 
29.25 	(4) the voter has not already voted at that election,
29.26 	either in person or by absentee ballot.
29.27 	An absentee ballot cast pursuant to sections 203B.16 to
29.28 	203B.27 may only be rejected for failure to comply with one of
29.29 	the requirements of clauses (1) to (4).  In particular, failure
29.30 	to place the envelope within the security envelope before
29.31 	placing it in the outer white envelope is not a reason to reject
29.32 	an absentee ballot.
29.33 	Election judges must note the reason for rejection on the
29.34 	back of the envelope in the space provided for that purpose.
29.35 	Failure to return unused ballots shall not invalidate a
29.36 	marked ballot, but a ballot shall not be counted if the
30.1 	affidavit on the return envelope is not properly executed.  In
30.2 	all other respects the provisions of the Minnesota Election Law
30.3 	governing deposit and counting of ballots shall apply.

30.4 	Sec. 19. Minnesota Statutes 2004, section 204B.10,
30.5 	subdivision 6, is amended to read:
30.6 		Subd. 6.Ineligible voter.  Upon receipt of a certified
30.7 	copy of a final judgment or order of a court of competent
30.8 	jurisdiction that a person who has filed an affidavit of
30.9 	candidacy or who has been nominated by petition:
30.10 	(1) has been convicted of treason or a felony and the
30.11 	person's civil rights have not been restored;
30.12 	(2) is under guardianship of the person; or
30.13 	(3) has been found by a court of law to be legally
30.14 	incompetent;
30.15 	the filing officer shall notify the person by certified mail at
30.16 	the address shown on the affidavit or petition, and, for offices
30.17 	other than president of the United States, vice-president of the
30.18 	United States, and United States senator or representative in
30.19 	Congress,shall not certify the person's name to be placed on
30.20 	the ballot.  The actions of a filing officer under this
30.21 	subdivision are subject to judicial review under section 204B.44.

30.22 	Sec. 20. Minnesota Statutes 2004, section 204B.14,
30.23 	subdivision 2, is amended to read:
30.24 		Subd. 2.Separate precincts; combined polling place.  (a)
30.25 	The following shall constitute at least one election precinct:
30.26 	(1) each city ward; and
30.27 	(2) each town and each statutory city.
30.28 	(b) A single, accessible, combined polling place may be
30.29 	established no later than June 1 of any year:
30.30 	(1) for any city of the third or fourth class, any town, or
30.31 	any city having territory in more than one county, in which all
30.32 	the voters of the city or town shall cast their ballots;
30.33 	(2) for two contiguous precincts in the same municipality
30.34 	that have a combined total of fewer than 500 registered voters;
30.35 	or
30.36 	(3) for up to four contiguous municipalities located
31.1 	entirely outside the metropolitan area, as defined by section
31.2 	473.121, subdivision 2 200.02, subdivision 24, that are
31.3 	contained in the same county.
31.4 	A copy of the ordinance or resolution establishing a
31.5 	combined polling place must be filed with the county auditor
31.6 	within 30 days after approval by the governing body.  A polling
31.7 	place combined under clause (3) must be approved by the
31.8 	governing body of each participating municipality.  A
31.9 	municipality withdrawing from participation in a combined
31.10 	polling place must do so by filing a resolution of withdrawal
31.11 	with the county auditor no later than May 1 of any year.
31.12 	The secretary of state shall provide a separate polling
31.13 	place roster for each precinct served by the combined polling
31.14 	place.  A single set of election judges may be appointed to
31.15 	serve at a combined polling place.  The number of election
31.16 	judges required must be based on the total number of persons
31.17 	voting at the last similar election in all precincts to be
31.18 	voting at the combined polling place.  Separate ballot boxes
31.19 	must be provided for the ballots from each precinct.  The
31.20 	results of the election must be reported separately for each
31.21 	precinct served by the combined polling place, except in a
31.22 	polling place established under clause (2) where one of the
31.23 	precincts has fewer than ten registered voters, in which case
31.24 	the results of that precinct must be reported in the manner
31.25 	specified by the secretary of state.

31.26 	Sec. 21. Minnesota Statutes 2004, section 204B.16,
31.27 	subdivision 1, is amended to read:
31.28 		Subdivision 1.Authority; location. (a) The governing
31.29 	body of each municipality and of each county with precincts in
31.30 	unorganized territory shall designate by ordinance or resolution
31.31 	a polling place for each election precinct.  Polling places must
31.32 	be designated and ballots must be distributed so that no one is
31.33 	required to go to more than one polling place to vote in a
31.34 	school district and municipal election held on the same day.
31.35 	The polling place for a precinct in a city or in a school
31.36 	district located in whole or in part in the metropolitan area
32.1 	defined by section 473.121 200.02, subdivision 24,shall be
32.2 	located within the boundaries of the precinct or within 3,000
32.3 	feet of one of those boundaries unless a single polling place is
32.4 	designated for a city pursuant to section 204B.14, subdivision
32.5 	2, or a school district pursuant to section 205A.11.  The
32.6 	polling place for a precinct in unorganized territory may be
32.7 	located outside the precinct at a place which is convenient to
32.8 	the voters of the precinct.  If no suitable place is available
32.9 	within a town or within a school district located outside the
32.10 	metropolitan area defined by section 473.121 200.02, subdivision
32.11 	24, then the polling place for a town or school district may be
32.12 	located outside the town or school district within five miles of
32.13 	one of the boundaries of the town or school district.
32.14 	(b) Each polling place serving precincts in which, in
32.15 	aggregate, there were more than 100 voters in the most recent
32.16 	similar election, must be to the extent the governing body
32.17 	determines practicable, at least 750 square feet, with an
32.18 	additional 60 square feet for each 150 voters in excess of 400
32.19 	that voted in the most recent similar election.

32.20 	Sec. 22. Minnesota Statutes 2004, section 204B.16,
32.21 	subdivision 5, is amended to read:
32.22 		Subd. 5.Access by elderly and handicapped persons with
32.23 	disabilities.  Each polling place shall be accessible to and
32.24 	usable by elderly individuals and physically handicapped 
32.25 	individuals with disabilities.  A polling place is deemed to be
32.26 	accessible and usable if it complies with the standards in
32.27 	paragraphs (a) to (f).
32.28 	(a) At least one set of doors must have a minimum width of
32.29 	31 32 inches if the doors must be used to enter or leave the
32.30 	polling place.
32.31 	(b) Any curb adjacent to the main entrance to a polling
32.32 	place must have curb cuts or temporary ramps.  Where the main
32.33 	entrance is not the accessible entrance, any curb adjacent to
32.34 	the accessible entrance must also have curb cuts or temporary
32.35 	ramps.
32.36 	(c) Where the main entrance is not the accessible entrance,
33.1 	a sign shall be posted at the main entrance giving directions to
33.2 	the accessible entrance.
33.3 	(d) At least one set of stairs must have a temporary
33.4 	handrail and ramp if stairs must be used to enter or leave the
33.5 	polling place.
33.6 	(e) No barrier in the polling place may impede the path of
33.7 	the physically handicapped persons with disabilities to the
33.8 	voting booth.
33.9 	(f) At least one handicapped parking space for persons with
33.10 	disabilities, which may be temporarily so designated by the
33.11 	municipality for the day of the election, must be available near
33.12 	the accessible entrance.
33.13 	The doorway, handrails, ramps, and handicapped parking
33.14 	provided pursuant to this subdivision must conform to the
33.15 	standards specified in the State Building Code for accessibility
33.16 	by handicapped persons with disabilities.
33.17 	A governing body shall designate as polling places only
33.18 	those places which meet the standards prescribed in this
33.19 	subdivision unless no available place within a precinct is
33.20 	accessible or can be made accessible.

33.21 	Sec. 23. Minnesota Statutes 2004, section 204B.18,
33.22 	subdivision 1, is amended to read:
33.23 		Subdivision 1.Booths; voting stations.  Each polling
33.24 	place must contain a number of at least two voting booths in
33.25 	proportion to the number of individuals eligible to vote in the
33.26 	precinct or self-contained voting stations plus one additional
33.27 	voting booth or self-contained voting station for each 150
33.28 	voters in excess of 200 registered in the precinct.  Each
33.29 	booth or station must be at least six feet high, three feet deep
33.30 	and two feet wide with a shelf at least two feet long and one
33.31 	foot wide placed at a convenient height for writing.  The
33.32 	booth or station shall be provided with a door or
33.33 	curtains permit the voter to vote privately and independently.
33.34 	Each accessible polling place must have at least one accessible
33.35 	voting booth or other accessible voting station and beginning
33.36 	with federal and state elections held after December 31, 2005,
34.1 	and county, municipal, and school district elections held after
34.2 	December 31, 2007, one voting system that conforms to section
34.3 	301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.
34.4 	All booths or stations must be constructed so that a voter is
34.5 	free from observation while marking ballots. In all other
34.6 	polling places every effort must be made to provide at least one
34.7 	accessible voting booth or other accessible voting station.
34.8 	During the hours of voting, the booths or stations must have
34.9 	instructions, a pencil, and other supplies needed to mark the
34.10 	ballots. If needed,A chair must be provided for elderly and
34.11 	handicapped voters and voters with disabilities to use while
34.12 	voting or waiting to vote.  Stable flat writing surfaces must
34.13 	also be made available to voters who are completing
34.14 	election-related forms.  All ballot boxes, voting booths, voting
34.15 	stations, and election judges must be in open public view in the
34.16 	polling place.

34.17 	Sec. 24. Minnesota Statutes 2004, section 204B.22,
34.18 	subdivision 3, is amended to read:
34.19 		Subd. 3.Minimum number required in certain precincts of
34.20 	election judges.  At each state primary or state general 
34.21 	election in precincts using an electronic voting system with
34.22 	marking devices and in which more than 400 votes were cast at
34.23 	the last similar election, the minimum number of election judges
34.24 	is three plus one judge to demonstrate the use of the voting
34.25 	machine or device, and the number of additional election judges
34.26 	to be appointed is one for every 200 votes cast in that precinct
34.27 	in the most recent similar general election.

34.28 	Sec. 25. Minnesota Statutes 2004, section 204B.27,
34.29 	subdivision 1, is amended to read:
34.30 		Subdivision 1.Blank forms.  At least 25 14 days before
34.31 	every state election the secretary of state shall transmit to
34.32 	each county auditor a sufficient number of blank county abstract
34.33 	forms and other examples of any blank forms to be used as the
34.34 	secretary of state deems necessary for the conduct of the
34.35 	election. County abstract forms may be provided to auditors
34.36 	electronically via the Minnesota State Election Reporting System
35.1 	maintained by the secretary of state, and must be available at
35.2 	least one week prior to the election.

35.3 	Sec. 26. Minnesota Statutes 2004, section 204B.27,
35.4 	subdivision 3, is amended to read:
35.5 		Subd. 3.Instruction posters.  At least 25 days before
35.6 	every state election,the secretary of state shall prepare and
35.7 	furnish to the county auditor of each county in which paper
35.8 	ballots are used,voter instruction posters printed in large
35.9 	type upon cards or heavy paper.  The instruction posters must
35.10 	contain the information needed to enable the voters to cast
35.11 	their paper ballots quickly and correctly and indicate the types
35.12 	of assistance available for elderly and handicapped voters.  Two
35.13 	instruction posters shall be furnished for each precinct in
35.14 	which paper ballots are used. The secretary of state shall also
35.15 	provide posters informing voters of eligibility requirements to
35.16 	vote and of identification and proofs accepted for election day
35.17 	registration.  Posters furnished by the secretary of state must
35.18 	also include all information required to be posted by the Help
35.19 	America Vote Act, including:  instructions on how to vote,
35.20 	including how to cast a vote; instructions for mail-in
35.21 	registrants and first-time voters; general information on voting
35.22 	rights under applicable federal and state laws, and instructions
35.23 	on how to contact the appropriate officials if these rights are
35.24 	alleged to have been violated; and general information on
35.25 	federal and state laws regarding prohibitions on acts of fraud
35.26 	and misrepresentation.

35.27 	Sec. 27. Minnesota Statutes 2004, section 204B.33, is
35.28 	amended to read:
35.29 	204B.33 NOTICE OF FILING.
35.30 	(a) Between June 1 and July 1 in each even numbered year,
35.31 	the secretary of state shall notify each county auditor of the
35.32 	offices to be voted for in that county at the next state general
35.33 	election for which candidates file with the secretary of state.
35.34 	The notice shall include the time and place of filing for those
35.35 	offices and for judicial offices shall list the name of the
35.36 	incumbent, if any, currently holding the seat to be voted for.
36.1 	Within ten days after notification by the secretary of state,
36.2 	each county auditor shall notify each municipal clerk in the
36.3 	county of all the offices to be voted for in the county at that
36.4 	election and the time and place for filing for those offices.
36.5 	The county auditors and municipal clerks shall promptly post a
36.6 	copy of that notice in their offices.
36.7 	(b) At least two weeks before the first day to file an
36.8 	affidavit of candidacy, the county auditor shall publish a
36.9 	notice stating the first and last dates on which affidavits of
36.10 	candidacy may be filed in the county auditor's office and the
36.11 	closing time for filing on the last day for filing.  The county
36.12 	auditor shall post a similar notice at least ten days before the
36.13 	first day to file affidavits of candidacy.

36.14 	Sec. 28. Minnesota Statutes 2004, section 204C.05,
36.15 	subdivision 1a, is amended to read:
36.16 		Subd. 1a.Elections; organized town.  The governing body
36.17 	of a town with less than 500 inhabitants according to the most
36.18 	recent federal decennial census, which is located outside the
36.19 	metropolitan area as defined in section 473.121 200.02,
36.20 	subdivision 2 24, may fix a later time for voting to begin at
36.21 	state primary, special, or general elections, if approved by a
36.22 	vote of the town electors at the annual town meeting.  The
36.23 	question of shorter voting hours must be included in the notice
36.24 	of the annual town meeting before the question may be submitted
36.25 	to the electors at the meeting.  The later time may not be later
36.26 	than 10:00 a.m. for special, primary, or general elections.  The
36.27 	town clerk shall either post or publish notice of the changed
36.28 	hours and notify the county auditor of the change 30 days before
36.29 	the election.

36.30 	Sec. 29. Minnesota Statutes 2004, section 204C.08,
36.31 	subdivision 1, is amended to read:
36.32 		Subdivision 1.Display of flag; "vote here" sign. (a) 
36.33 	Upon their arrival at the polling place on the day of election,
36.34 	the election judges shall cause the national flag to be
36.35 	displayed on a suitable staff at the entrance to the polling
36.36 	place.  The flag shall be displayed continuously during the
37.1 	hours of voting and the election judges shall attest to that
37.2 	fact by signing the flag certification statement on the precinct
37.3 	summary statement.  The election judges shall receive no
37.4 	compensation for any time during which they intentionally fail
37.5 	to display the flag as required by this subdivision.
37.6 	(b) The election judges shall, immediately after displaying
37.7 	the flag pursuant to paragraph (a), post the following:
37.8 	(1) a "Vote Here" sign conspicuously near the flag, which
37.9 	must be of a size not less than two feet high by four feet wide,
37.10 	with letters printed in red in a font size of no less than
37.11 	576-point type, against a white background; and 
37.12 	(2) within the building, if the polling place has more than
37.13 	one room, signs indicating by arrows the direction in which to
37.14 	proceed in order to reach the room containing the polling place.

37.15 	Sec. 30. Minnesota Statutes 2004, section 204C.28,
37.16 	subdivision 1, is amended to read:
37.17 		Subdivision 1.County auditor.  Every county auditor
37.18 	shall remain at the auditor's office to receive delivery of the
37.19 	returns, to permit public inspection of the summary statements,
37.20 	and to tabulate the votes until all have been tabulated and the
37.21 	results made known, or until 24 hours have elapsed since the end
37.22 	of the hours for voting, whichever occurs first. Every county
37.23 	auditor shall keep a book in which, in the presence of the
37.24 	municipal clerk or the election judges who deliver the returns,
37.25 	the auditor shall make a record of all materials delivered, the
37.26 	time of delivery, and the names of the municipal clerk or
37.27 	election judges who made delivery.  The county auditor shall
37.28 	file the book and all envelopes containing ballots in a safe and
37.29 	secure place with envelope seals unbroken.  Access to the book
37.30 	and ballots shall be strictly controlled.  Accountability and a
37.31 	record of access shall be maintained by the county auditor
37.32 	during the period for contesting elections or, if a contest is
37.33 	filed, until the contest has been finally determined.
37.34 	Thereafter, the book shall be retained in the auditor's office
37.35 	for the same period as the ballots as provided in section
37.36 	204B.40.
38.1 	The county auditor shall file all envelopes containing
38.2 	ballots in a safe place with seals unbroken.  If the envelopes
38.3 	were previously opened by proper authority for examination or
38.4 	recount, the county auditor shall have the envelopes sealed
38.5 	again and signed by the individuals who made the inspection or
38.6 	recount.  The envelopes may be opened by the county canvassing
38.7 	board if necessary to procure election returns that the election
38.8 	judges inadvertently may have sealed in the envelopes with the
38.9 	ballots.  In that case, the envelopes shall be sealed again and
38.10 	signed in the same manner as otherwise provided in this
38.11 	subdivision.

38.12 	Sec. 31. Minnesota Statutes 2004, section 204D.14,
38.13 	subdivision 3, is amended to read:
38.14 		Subd. 3.Uncontested judicial offices.  Judicial
38.15 	offices for a specific court for which there is only one
38.16 	candidate filed must appear after all other judicial offices for
38.17 	that same court on the canary ballot.

38.18 	Sec. 32. Minnesota Statutes 2004, section 204D.27,
38.19 	subdivision 5, is amended to read:
38.20 		Subd. 5.Canvass; special primary; state canvassing
38.21 	board.  Not later than four days after the returns of the county
38.22 	canvassing boards are certified to the secretary of state, the
38.23 	State Canvassing Board shall complete its canvass of the special
38.24 	primary.  The secretary of state shall then promptly certify to
38.25 	the county auditors the names of the nominated individuals,
38.26 	prepare notices of nomination,and notify each nominee of the
38.27 	nomination.

38.28 	Sec. 33. [205.135] ELECTION REPORTING SYSTEM; CANDIDATE
38.29 	FILING.
38.30 		Subdivision 1.Even-numbered year. For regularly
38.31 	scheduled municipal elections held in an even-numbered year, the
38.32 	municipal clerk must provide the offices and questions to be
38.33 	voted on in the municipality and the list of candidates for each
38.34 	office to the county auditor for entry into the election
38.35 	reporting system provided by the secretary of state no later
38.36 	than 46 days prior to the election.  The county auditor must
39.1 	delegate, at the request of the municipality, the duty to enter
39.2 	the information into the system to the municipal clerk.
39.3 		Subd. 2.Odd-numbered year. For regularly scheduled
39.4 	municipal elections held in an odd-numbered year, the municipal
39.5 	clerk or county auditor must enter the offices and questions to
39.6 	be voted on in the municipality and the list of candidates for
39.7 	each office into the election reporting system no later than 46
39.8 	days prior to the election.

39.9 	Sec. 34. Minnesota Statutes 2004, section 205.175,
39.10 	subdivision 2, is amended to read:
39.11 		Subd. 2.Metropolitan area municipalities.  The governing
39.12 	body of a municipality which is located within a metropolitan
39.13 	county as defined by section 473.121included in the definition
39.14 	of metropolitan area in section 200.02, subdivision 24,may
39.15 	designate the time during which the polling places will remain
39.16 	open for voting at the next succeeding and all subsequent
39.17 	municipal elections, provided that the polling places shall open
39.18 	no later than 10:00 a.m. and shall close no earlier than 8:00
39.19 	p.m.  The resolution shall remain in force until it is revoked
39.20 	by the municipal governing body.

39.21 	Sec. 35. [205.187] ELECTION REPORTING SYSTEM; PRECINCT
39.22 	VOTES.
39.23 		Subdivision 1.Even-numbered year. For regularly
39.24 	scheduled municipal elections held in an even-numbered year, the
39.25 	county auditor must enter the votes in each precinct for the
39.26 	questions and offices voted on in the municipal election into
39.27 	the election reporting system provided by the secretary of state.
39.28 		Subd. 2.Odd-numbered year. For regularly scheduled
39.29 	municipal elections held in an odd-numbered year, the municipal
39.30 	clerk or county auditor must enter the votes in each precinct
39.31 	for the offices and questions voted on in the municipality into
39.32 	the election reporting system provided by the secretary of state.

39.33 	Sec. 36. [205A.075] ELECTION REPORTING SYSTEM; CANDIDATE
39.34 	FILING.
39.35 		Subdivision 1.Even-numbered year. For regularly
39.36 	scheduled school district elections held in an even-numbered
40.1 	year, the school district clerk must provide the offices and
40.2 	questions to be voted on in the school district and the list of
40.3 	candidates for each office to the county auditor for entry into
40.4 	the election reporting system provided by the secretary of state
40.5 	no later than ....... days prior to the election.
40.6 		Subd. 2.Odd-numbered year. For regularly scheduled
40.7 	school district elections held in an odd-numbered year, the
40.8 	school district clerk or county auditor must enter the offices
40.9 	and questions to be voted on in the school district and the list
40.10 	of candidates for each office into the election reporting system
40.11 	provided by the secretary of state no later than ....... days
40.12 	prior to the election.

40.13 	Sec. 37. [205A.076] ELECTION REPORTING SYSTEM; PRECINCT
40.14 	VOTES.
40.15 		Subdivision 1.Even-numbered year. For regularly
40.16 	scheduled school district elections held in an even-numbered
40.17 	year, the county auditor must enter the votes in each precinct
40.18 	for the questions and offices voted on in the school district
40.19 	election into the election reporting system provided by the
40.20 	secretary of state.
40.21 		Subd. 2.Odd-numbered year. For regularly scheduled
40.22 	school district elections held in an odd-numbered year, the
40.23 	school district clerk or county auditor must enter the votes in
40.24 	each precinct for the offices and questions voted on in the
40.25 	school district into the election reporting system provided by
40.26 	the secretary of state.

40.27 	Sec. 38. Minnesota Statutes 2004, section 205A.09,
40.28 	subdivision 1, is amended to read:
40.29 		Subdivision 1.Metropolitan area school districts.  At a
40.30 	school district election in a school district located in whole
40.31 	or in part within a metropolitan county as defined by section
40.32 	473.121 included in the definition of metropolitan area in
40.33 	section 200.02, subdivision 24, the school board, by resolution
40.34 	adopted before giving notice of the election, may designate the
40.35 	time during which the polling places will remain open for voting
40.36 	at the next succeeding and all later school district elections.
41.1 	The polling places must open no later than 10:00 a.m. and close
41.2 	no earlier than 8:00 p.m.  The resolution shall remain in force
41.3 	until it is revoked by the school board.

41.4 	Sec. 39. Minnesota Statutes 2004, section 206.56,
41.5 	subdivision 2, is amended to read:
41.6 		Subd. 2.Automatic tabulating equipment.  "Automatic
41.7 	tabulating equipment" includes apparatus machines, resident
41.8 	firmware, and programmable memory units necessary to optically
41.9 	scan,automatically examine,and count votes designated on
41.10 	ballot cards, and data processing machines which can be used for
41.11 	counting ballots and tabulating results.

41.12 	Sec. 40. Minnesota Statutes 2004, section 206.56,
41.13 	subdivision 3, is amended to read:
41.14 		Subd. 3.Ballot.  "Ballot" includes ballot cards and 
41.15 	paper ballots, ballot cards, and the paper ballot marked by an
41.16 	electronic marking device.

41.17 	Sec. 41. Minnesota Statutes 2004, section 206.56,
41.18 	subdivision 7, is amended to read:
41.19 		Subd. 7.Counting center.  "Counting center" means a
41.20 	place selected by the governing body of a municipality where an 
41.21 	a central count electronic voting system is used for the
41.22 	automatic processing and counting of ballots.

41.23 	Sec. 42. Minnesota Statutes 2004, section 206.56,
41.24 	subdivision 8, is amended to read:
41.25 		Subd. 8.Electronic voting system.  "Electronic voting
41.26 	system" means a system in which the voter records votes by means
41.27 	of marking a ballot, which is designed so that votes may be
41.28 	counted by automatic tabulating equipment at a counting
41.29 	center or in the precinct or polling place where the ballot is
41.30 	cast.
41.31 	An electronic voting system includes automatic tabulating
41.32 	equipment; nonelectronic ballot markers; electronic ballot
41.33 	markers, including electronic ballot display, audio ballot
41.34 	reader, and devices by which the voter will register the voter's
41.35 	voting intent; software used to program automatic tabulators and
41.36 	layout ballots; computer programs used to accumulate precinct
42.1 	results; ballots; secrecy folders; system documentation; and
42.2 	system testing results.

42.3 	Sec. 43. Minnesota Statutes 2004, section 206.56,
42.4 	subdivision 9, is amended to read:
42.5 		Subd. 9.manual marking device.  " Manual marking device"
42.6 	means any approved device for directly marking a ballot by hand 
42.7 	with ink, pencil,or other substance which will enable the
42.8 	ballot to be tabulated by means of automatic tabulating
42.9 	equipment.

42.10 	Sec. 44. Minnesota Statutes 2004, section 206.56, is
42.11 	amended by adding a subdivision to read:
42.12 		Subd. 9a.Electronic ballot marker. "Electronic ballot
42.13 	marker" means equipment that is part of an electronic voting
42.14 	system that marks a nonelectronic ballot with votes selected by
42.15 	a voter using an electronic ballot display or audio ballot
42.16 	reader.

42.17 	Sec. 45. Minnesota Statutes 2004, section 206.56, is
42.18 	amended by adding a subdivision to read:
42.19 		Subd. 9b.Assistive voting technology. "Assistive voting
42.20 	technology" means touch-activated screen, buttons, keypad,
42.21 	sip-and-puff input device, keyboard, earphones, or any other
42.22 	device used with an electronic ballot marker that assists voters
42.23 	to use an audio or electronic ballot display in order to select
42.24 	votes.

42.25 	Sec. 46. Minnesota Statutes 2004, section 206.56, is
42.26 	amended by adding a subdivision to read:
42.27 		Subd. 9c.Electronic ballot display. "Electronic ballot
42.28 	display" means a graphic representation of a ballot on a
42.29 	computer monitor or screen on which a voter may make vote
42.30 	choices for candidates and questions for the purpose of marking
42.31 	a nonelectronic ballot.

42.32 	Sec. 47. Minnesota Statutes 2004, section 206.56, is
42.33 	amended by adding a subdivision to read:
42.34 		Subd. 9d.Audio ballot reader. "Audio ballot reader"
42.35 	means an audio representation of a ballot that can be used with
42.36 	other assistive voting technology to permit a voter to mark
43.1 	votes on a nonelectronic ballot using an electronic ballot
43.2 	marker.

43.3 	Sec. 48. Minnesota Statutes 2004, section 206.57,
43.4 	subdivision 1, is amended to read:
43.5 		Subdivision 1.Examination and report by secretary of
43.6 	state; approval.  A vendor of an electronic voting system may
43.7 	apply to the secretary of state to examine the system and to
43.8 	report as to its compliance with the requirements of law and as
43.9 	to its accuracy, durability, efficiency, and capacity to
43.10 	register the will of voters.  The secretary of state or a
43.11 	designee shall examine the system submitted and file a report on
43.12 	it in the Office of the Secretary of State.  Examination is not
43.13 	required of every individual machine or counting device, but
43.14 	only of each type of electronic voting system before its
43.15 	adoption, use, or purchase and before its continued use after
43.16 	significant changes have been made in an approved system.  The
43.17 	examination must include the ballot programming,; electronic
43.18 	ballot marking, including all assistive technologies intended to
43.19 	be used with the system;vote counting,;and vote accumulation
43.20 	functions of each voting system.
43.21 	If the report of the secretary of state or the secretary's
43.22 	designee concludes that the kind of system examined complies
43.23 	with the requirements of sections 206.55 to 206.90 and can be
43.24 	used safely, the system shall be deemed approved by the
43.25 	secretary of state, and may be adopted and purchased for use at
43.26 	elections in this state.  A voting system not approved by the
43.27 	secretary of state may not be used at an election in this
43.28 	state.  The secretary of state may adopt permanent rules
43.29 	consistent with sections 206.55 to 206.90 relating to the
43.30 	examination and use of electronic voting systems.

43.31 	Sec. 49. Minnesota Statutes 2004, section 206.57, is
43.32 	amended by adding a subdivision to read:
43.33 		Subd. 7.Election assistance commission standards. If,
43.34 	prior to January 1, 2006, the federal Election Assistance
43.35 	Commission has not established standards for an electronic
43.36 	ballot marker or other voting system component that is required
44.1 	to enable a voting system to meet the requirements of
44.2 	subdivision 5, the secretary of state may certify the voting
44.3 	system on an experimental basis pending the completion of
44.4 	federal standards, notwithstanding subdivision 6.  Within two
44.5 	years after the Election Assistance Commission issues standards
44.6 	for a voting system component used in a voting system authorized
44.7 	under this subdivision, the secretary of state must review or
44.8 	reexamine the voting system to determine whether the system
44.9 	conforms to federal standards.

44.10 	Sec. 50. Minnesota Statutes 2004, section 206.58,
44.11 	subdivision 1, is amended to read:
44.12 		Subdivision 1.Municipalities. (a) The governing body of
44.13 	a municipality, at a regular meeting or at a special meeting
44.14 	called for the purpose, may must provide for the use of an at
44.15 	least one electronic voting system that conforms to the
44.16 	requirements of section 301(a)(3)(B) of the Help America Vote
44.17 	Act, Public Law 107-252,in one or more precincts each polling
44.18 	place and at all elections in the precincts, subject to approval
44.19 	by the county auditor. This paragraph applies to federal and
44.20 	state elections held after December 31, 2005, and to county,
44.21 	municipal, and school district elections held after December 31,
44.22 	2007.
44.23 	(b) The governing body shall disseminate information to the
44.24 	public about the use of a new voting system at least 60 days
44.25 	prior to the election and shall provide for instruction of
44.26 	voters with a demonstration voting system in a public place for
44.27 	the six weeks immediately prior to the first election at which
44.28 	the new voting system will be used.
44.29 	(c) No system may be adopted or used unless it has been
44.30 	approved by the secretary of state pursuant to section 206.57.

44.31 	Sec. 51. Minnesota Statutes 2004, section 206.61,
44.32 	subdivision 4, is amended to read:
44.33 		Subd. 4.Order of candidates.  On the "State Partisan
44.34 	Primary Ballot" prepared for primary elections, and on the white
44.35 	ballot prepared for the general election, the order of the names
44.36 	of nominees or names of candidates for election shall be the
45.1 	same as required for paper ballots.  More than one column or row
45.2 	may be used for the same office or party. Electronic ballot
45.3 	display and audio ballot readers must conform to the candidate
45.4 	order on the optical scan ballot used in the precinct.

45.5 	Sec. 52. Minnesota Statutes 2004, section 206.61,
45.6 	subdivision 5, is amended to read:
45.7 		Subd. 5.Alternation.  The provisions of the election
45.8 	laws requiring the alternation of names of candidates must be
45.9 	observed as far as practicable by changing the order of the
45.10 	names on an electronic voting system in the various precincts so
45.11 	that each name appears on the machines or marking devices used
45.12 	in a municipality substantially an equal number of times in the
45.13 	first, last, and in each intermediate place in the list or group
45.14 	in which they belong.  However, the arrangement of candidates'
45.15 	names must be the same on all voting systems used in the same
45.16 	precinct.  If the number of names to be alternated exceeds the
45.17 	number of precincts, the election official responsible for
45.18 	providing the ballots, in accordance with subdivision 1, shall
45.19 	determine by lot the alternation of names.
45.20 	If an electronic ballot marker is used with a paper ballot
45.21 	that is not an optical scan ballot card, the manner of
45.22 	alternation of candidate names on the paper ballot must be as
45.23 	prescribed for optical scan ballots in this subdivision.

45.24 	Sec. 53. Minnesota Statutes 2004, section 206.64,
45.25 	subdivision 1, is amended to read:
45.26 		Subdivision 1.General provisions for electronic system
45.27 	voting.  Each electronic voting system booth must be placed and
45.28 	protected so that it is accessible to only one voter at a time
45.29 	and is in full view of all the election judges and challengers
45.30 	at the polling place.  The election judges shall admit one
45.31 	individual at a time to each booth after determining that the
45.32 	individual is eligible to vote.  Voting by electronic voting
45.33 	system must be secret, except for voters who need request 
45.34 	assistance.  A voter may remain inside the voting booth for
45.35 	three minutes the time reasonably required for the voter to
45.36 	complete the ballot.  A voter who refuses to leave the voting
46.1 	booth after a reasonable amount of time, but not less than three
46.2 	minutes,must be removed by the election judges.

46.3 	Sec. 54. Minnesota Statutes 2004, section 206.80, is
46.4 	amended to read:
46.5 	206.80 ELECTRONIC VOTING SYSTEMS.
46.6 	An electronic voting system may not be employed unless it:
46.7 	(1) permits every voter to vote in secret;
46.8 	(2) permits every voter to vote for all candidates and
46.9 	questions for whom or upon which the voter is legally entitled
46.10 	to vote;
46.11 	(3) provides for write-in voting when authorized;
46.12 	(4) rejects by means of the automatic tabulating
46.13 	equipment electronic voting system, except as provided in
46.14 	section 206.84 with respect to write-in votes, all votes for an
46.15 	office or question when the number of votes cast on it exceeds
46.16 	the number which the voter is entitled to cast;
46.17 	(5) permits a voter at a primary election to select
46.18 	secretly the party for which the voter wishes to vote; and
46.19 	(6) rejects, by means of the automatic tabulating equipment 
46.20 	electronic voting system, all votes cast in a primary
46.21 	election by a voter for offices serving with political party
46.22 	designation when the voter votes for candidates of more than one
46.23 	party.

46.24 	Sec. 55. Minnesota Statutes 2004, section 206.81, is
46.25 	amended to read:
46.26 	206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
46.27 	(a) The secretary of state may approve certify an
46.28 	electronic voting system for experimental use at an election
46.29 	prior to its approval for general use.
46.30 	(b) The secretary of state must approve one or more direct
46.31 	recording electronic voting systems for experimental use at an
46.32 	election before their approval for general use and may impose
46.33 	restrictions on their use.  At least one voting system approved
46.34 	under this paragraph must permit sighted persons to vote and at
46.35 	least one system must permit a blind or visually impaired voter
46.36 	to cast a ballot independently and privately.
47.1 	(c) Experimental use must be observed by the secretary of
47.2 	state or the secretary's designee and the results observed must
47.3 	be considered at any subsequent proceedings for approval for
47.4 	general use.
47.5 	(d) (c) The secretary of state may adopt rules consistent
47.6 	with sections 206.55 to 206.90 relating to experimental use.
47.7 	The extent of experimental use must be determined by the
47.8 	secretary of state.

47.9 	Sec. 56. Minnesota Statutes 2004, section 206.82,
47.10 	subdivision 1, is amended to read:
47.11 		Subdivision 1.Program.  A program or programs for use in
47.12 	an election conducted by means of an electronic voting system or
47.13 	using an electronic ballot marker shall be prepared at the
47.14 	direction of the county auditor or municipal clerk who is
47.15 	responsible for the conduct of the election and shall be
47.16 	independently verified by a competent person designated by that
47.17 	official.  The term "competent person" as used in this section
47.18 	means a person who can demonstrate knowledge as a computer
47.19 	programmer and who is other than and wholly independent of any
47.20 	person operating or employed by the counting center or the
47.21 	corporation or other preparer of the program.  A test deck
47.22 	prepared by a competent person shall be used for independent
47.23 	verification of the program; it shall test the maximum digits
47.24 	used in totaling the returns and shall be usable by insertion
47.25 	during the tabulation process as well as prior to tabulation. A
47.26 	test deck must also be prepared using the electronic ballot
47.27 	marker program and must also be used to verify that all valid
47.28 	votes counted by the vote tabulator may be selected using the
47.29 	electronic ballot marker.The secretary of state shall adopt
47.30 	rules further specifying test procedures.

47.31 	Sec. 57. Minnesota Statutes 2004, section 206.82,
47.32 	subdivision 2, is amended to read:
47.33 		Subd. 2.Plan.  The municipal clerk in a municipality
47.34 	where an electronic voting system is used and the county auditor
47.35 	of a county in which an electronic voting system is used in more
47.36 	than one municipality and the county auditor of a county in
48.1 	which a counting center serving more than one municipality is
48.2 	located shall prepare a plan which indicates acquisition of
48.3 	sufficient facilities, computer time, and professional services
48.4 	and which describes the proposed manner of complying with
48.5 	section 206.80.  The plan must be signed, notarized, and
48.6 	submitted to the secretary of state more than 60 days before the
48.7 	first election at which the municipality uses an electronic
48.8 	voting system.  Prior to July 1 of each subsequent general
48.9 	election year, the clerk or auditor shall submit to the
48.10 	secretary of state notification of any changes to the plan on
48.11 	file with the secretary of state.  The secretary of state shall
48.12 	review each plan for its sufficiency and may request technical
48.13 	assistance from the Department of Administration or other agency
48.14 	which may be operating as the central computer authority.  The
48.15 	secretary of state shall notify each reporting authority of the
48.16 	sufficiency or insufficiency of its plan within 20 days of
48.17 	receipt of the plan.  The attorney general, upon request of the
48.18 	secretary of state, may seek a district court order requiring an
48.19 	election official to fulfill duties imposed by this subdivision
48.20 	or by rules promulgated pursuant to this section.

48.21 	Sec. 58. Minnesota Statutes 2004, section 206.83, is
48.22 	amended to read:
48.23 	206.83 TESTING OF VOTING SYSTEMS.
48.24 	The official in charge of elections shall within 14 days
48.25 	prior to election day have the voting system tested to ascertain
48.26 	that the system will correctly mark ballots using all methods
48.27 	supported by the system, including through assistive technology,
48.28 	and count the votes cast for all candidates and on all questions
48.29 	within 14 days prior to election day.  Public notice of the time
48.30 	and place of the test must be given at least two days in advance
48.31 	by publication once in official newspapers.  The test must be
48.32 	observed by at least two election judges, who are not of the
48.33 	same major political party, and must be open to representatives
48.34 	of the political parties, candidates, the press, and the
48.35 	public.  The test must be conducted by (1) processing a
48.36 	preaudited group of ballots punched or marked to record a
49.1 	predetermined number of valid votes for each candidate and on
49.2 	each question, and must include for each office one or more
49.3 	ballot cards which have votes in excess of the number allowed by
49.4 	law in order to test the ability of the voting system tabulator
49.5 	and electronic ballot marker to reject those votes, and (2)
49.6 	processing an additional test deck of ballots marked using the
49.7 	electronic ballot marker to be employed in the precinct,
49.8 	including ballots marked using the electronic ballot display,
49.9 	audio ballot reader, and each of the assistive voting peripheral
49.10 	devices used with the electronic ballot marker.  If any error is
49.11 	detected, the cause must be ascertained and corrected and an
49.12 	errorless count must be made before the voting system may be
49.13 	used in the election.  After the completion of the test, the
49.14 	programs used and ballot cards must be sealed, retained, and
49.15 	disposed of as provided for paper ballots.

49.16 	Sec. 59. Minnesota Statutes 2004, section 206.84,
49.17 	subdivision 1, is amended to read:
49.18 		Subdivision 1.Instruction of judges, voters.  The
49.19 	officials in charge of elections shall determine procedures to
49.20 	instruct election judges and voters in the use of electronic
49.21 	voting system manual marking devices and the electronic ballot
49.22 	marker, including assistive peripheral devices.

49.23 	Sec. 60. Minnesota Statutes 2004, section 206.84,
49.24 	subdivision 3, is amended to read:
49.25 		Subd. 3.Ballots.  The ballot information must be in the
49.26 	same order provided for paper ballots, except that the
49.27 	information may be in vertical or horizontal rows, or on a
49.28 	number of separate pages.  The secretary of state shall provide
49.29 	by rule for standard ballot formats for electronic voting
49.30 	systems. Electronic ballot displays and audio ballot readers
49.31 	shall be in the order provided for on the optical scan ballot.
49.32 	Electronic ballot displays may employ zooms or other devices as
49.33 	assistive voting technology.  Audio ballot readers may employ
49.34 	rewinds or audio cues as assistive voting technology.
49.35 	Ballot cards may contain special printed marks and holes as
49.36 	required for proper positioning and reading of the ballots by
50.1 	electronic vote counting equipment.  Ballot cards must contain
50.2 	an identification of the precinct for which they have been
50.3 	prepared which can be read visually and which can be tabulated
50.4 	by the automatic tabulating equipment.

50.5 	Sec. 61. Minnesota Statutes 2004, section 206.84,
50.6 	subdivision 6, is amended to read:
50.7 		Subd. 6.Duties of official in charge.  The official in
50.8 	charge of elections in each municipality where an electronic
50.9 	voting system is used shall have the voting systems put in
50.10 	order, set, adjusted, and made ready for voting when delivered
50.11 	to the election precincts.  The official shall also provide each
50.12 	precinct with a container for transporting ballot cards to the
50.13 	counting location after the polls close.  The container shall be
50.14 	of sturdy material to protect the ballots from all reasonably
50.15 	foreseeable hazards including auto collisions.  The election
50.16 	judges shall meet at the polling place at least one hour before
50.17 	the time for opening the polls.  Before the polls open the
50.18 	election judges shall compare the ballot cards used with the
50.19 	sample ballots, electronic ballot displays, and audio ballot
50.20 	reader furnished to see that the names, numbers, and letters on
50.21 	both agree and shall certify to that fact on forms provided for
50.22 	the purpose.  The certification must be filed with the election
50.23 	returns.

50.24 	Sec. 62. Minnesota Statutes 2004, section 206.85,
50.25 	subdivision 1, is amended to read:
50.26 		Subdivision 1.Duties of responsible official.  The
50.27 	official in charge of elections in a municipality where an
50.28 	electronic voting system is used at a counting center must:
50.29 	(a) be present or personally represented throughout the
50.30 	counting center proceedings;
50.31 	(b) be responsible for acquiring sufficient facilities and
50.32 	personnel to ensure timely and lawful processing of votes;
50.33 	(c) be responsible for the proper training of all personnel
50.34 	participating in counting center proceedings and deputize all
50.35 	personnel who are not otherwise election judges;
50.36 	(d) maintain actual control over all proceedings and be
51.1 	responsible for the lawful execution of all proceedings in the
51.2 	counting center whether or not by experts;
51.3 	(e) be responsible for assuring the lawful retention and
51.4 	storage of ballots and read-outs; and
51.5 	(f) arrange for observation by the public and by
51.6 	candidates' representatives of counting center procedures by
51.7 	publishing the exact location of the counting center in a legal
51.8 	newspaper at least once during the week preceding the week of
51.9 	election and in the newspaper of widest circulation once on the
51.10 	day preceding the election, or once the week preceding the
51.11 	election if the newspaper is a weekly.
51.12 	The official may make arrangements with news reporters
51.13 	which permit prompt reporting of election results but which do
51.14 	not interfere with the timely and lawful completion of counting
51.15 	procedures.

51.16 	Sec. 63. Minnesota Statutes 2004, section 206.90,
51.17 	subdivision 1, is amended to read:
51.18 		Subdivision 1.Definition.  For the purposes of this
51.19 	section, "optical scan voting system" means an electronic voting
51.20 	system approved for use under sections 206.80 to 206.81 in which
51.21 	the voter records votes by marking with a pencil or other
51.22 	writing instrument device, including an electronic ballot
51.23 	marker,a ballot on which the names of candidates, office
51.24 	titles, party designation in a partisan primary or election, and
51.25 	a statement of any question accompanied by the words "Yes" and
51.26 	"No" are printed.

51.27 	Sec. 64. Minnesota Statutes 2004, section 206.90,
51.28 	subdivision 4, is amended to read:
51.29 		Subd. 4.Absentee voting.  An optical scan voting system
51.30 	may be used for absentee voting. The county auditor may supply
51.31 	an appropriate marking instrument to the voter along with the
51.32 	ballot.

51.33 	Sec. 65. Minnesota Statutes 2004, section 206.90,
51.34 	subdivision 5, is amended to read:
51.35 		Subd. 5.Instruction of judges, voters.  In instructing
51.36 	judges and voters under section 206.84, subdivision 1, officials
52.1 	in charge of election precincts using optical scan voting
52.2 	systems shall include instruction on the proper mark for
52.3 	recording votes on ballot cards marked with a pencil or other
52.4 	writing instrument and the insertion by the voter of the ballot
52.5 	card into automatic tabulating equipment that examines and
52.6 	counts votes as the ballot card is deposited into the ballot box.
52.7 	Officials shall include instruction on the insertion by the
52.8 	voter of the ballot card into an electronic ballot marker that
52.9 	can examine votes before the ballot card is deposited into the
52.10 	ballot box.

52.11 	Sec. 66. Minnesota Statutes 2004, section 206.90,
52.12 	subdivision 6, is amended to read:
52.13 		Subd. 6.Ballots.  In precincts using optical scan voting
52.14 	systems, a single ballot card on which all ballot information is
52.15 	included must be printed in black ink on white colored material
52.16 	except that marks not to be read by the automatic tabulating
52.17 	equipment may be printed in another color ink.
52.18 	On the front of the ballot must be printed the words
52.19 	"Official Ballot" and the date of the election and lines for the
52.20 	initials of at least two election judges.
52.21 	When optical scan ballots are used, the offices to be
52.22 	elected must appear in the following order:  federal offices;
52.23 	state legislative offices; constitutional offices; proposed
52.24 	constitutional amendments; county offices and questions;
52.25 	municipal offices and questions; school district offices and
52.26 	questions; special district offices and questions; and judicial
52.27 	offices.
52.28 	On optical scan ballots, the names of candidates and the
52.29 	words "yes" and "no" for ballot questions must be printed as
52.30 	close to their corresponding vote targets as possible.
52.31 	The line on an optical scan ballot for write-in votes must
52.32 	contain the words "write-in, if any."
52.33 	If a primary ballot contains both a partisan ballot and a
52.34 	nonpartisan ballot, the instructions to voters must include a
52.35 	statement that reads substantially as follows:  "THIS BALLOT
52.36 	CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON
53.1 	THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
53.2 	ONE POLITICAL PARTY ONLY."  If a primary ballot contains
53.3 	political party columns on both sides of the ballot, the
53.4 	instructions to voters must include a statement that reads
53.5 	substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE
53.6 	PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE
53.7 	POLITICAL PARTY ONLY."  At the bottom of each political party
53.8 	column on the primary ballot, the ballot must contain a
53.9 	statement that reads substantially as follows:  "CONTINUE VOTING
53.10 	ON THE NONPARTISAN BALLOT."  The instructions in section
53.11 	204D.08, subdivision 4, do not apply to optical scan partisan
53.12 	primary ballots. Electronic ballot displays and audio ballot
53.13 	readers must follow the order of offices and questions on the
53.14 	optical scan or paper ballot used in the same precinct.

53.15 	Sec. 67. Minnesota Statutes 2004, section 206.90,
53.16 	subdivision 8, is amended to read:
53.17 		Subd. 8.Duties of election officials.  The official in
53.18 	charge of elections in each municipality where an optical scan
53.19 	voting system is used shall have the electronic ballot that
53.20 	examines and marks votes on ballot cards and the automatic
53.21 	tabulating equipment that examines and counts votes as ballot
53.22 	cards are deposited into ballot boxes put in order, set,
53.23 	adjusted, and made ready for voting when delivered to the
53.24 	election precincts.

53.25 	Sec. 68. Minnesota Statutes 2004, section 206.90,
53.26 	subdivision 9, is amended to read:
53.27 		Subd. 9.Spoiled ballot cards.  Automatic tabulating
53.28 	equipment and electronic ballot markers must be capable of
53.29 	examining a ballot card for defects and returning it to the
53.30 	voter before it is counted and deposited into the ballot box and 
53.31 	must be programmed to return as a spoiled ballot a ballot card
53.32 	with votes for an office or question which exceed the number
53.33 	which the voter is entitled to cast and at a primary a ballot
53.34 	card with votes for candidates of more than one party.

53.35 	Sec. 69. Minnesota Statutes 2004, section 211B.01,
53.36 	subdivision 3, is amended to read:
54.1 		Subd. 3.Candidate.  "Candidate" means an individual who
54.2 	seeks nomination or election to a federal,statewide,
54.3 	legislative, judicial, or local office including special
54.4 	districts, school districts, towns, home rule charter and
54.5 	statutory cities, and counties, except candidates for president
54.6 	and vice-president of the United States.

54.7 	Sec. 70. Minnesota Statutes 2004, section 358.11, is
54.8 	amended to read:
54.9 	358.11 OATHS, WHERE FILED.
54.10 	Except as otherwise provided by law, the oath required to
54.11 	be taken and subscribed by any person shall be filed as follows:
54.12 	(1) if that of an officer of the state, whether elective or
54.13 	appointive, executive, legislative, or judicial,with the
54.14 	secretary of state;
54.15 	(2) if of a county officer, or an officer chosen within or
54.16 	for any county, with the county auditor;
54.17 	(3) if of a city officer, with the clerk or recorder of the
54.18 	municipality;
54.19 	(4) if of a town officer, with the town clerk;
54.20 	(5) if of a school district officer, with the clerk of the
54.21 	district;
54.22 	(6) if of a person appointed by, or made responsible to, a
54.23 	court in any action or proceeding therein, with the court
54.24 	administrator of such court;
54.25 	(7) if that of a person appointed by any state, county, or
54.26 	other officer for a special service in connection with official
54.27 	duties, with such officer.
54.28 	If the person taking such oath be also required to give
54.29 	bond, the oath shall be attached to or endorsed upon such bond
54.30 	and filed therewith, in lieu of other filing.

54.31 	Sec. 71. Minnesota Statutes 2004, section 414.01, is
54.32 	amended by adding a subdivision to read:
54.33 		Subd. 18.Annexations not permitted at certain
54.34 	times. Notwithstanding the provisions of this chapter, no
54.35 	annexation shall become effective between the opening of filing
54.36 	for a previously scheduled municipal election of the
55.1 	municipality which is annexing the unincorporated land and the
55.2 	issuance of the certificates of election to the candidates
55.3 	elected at that election.

55.4 	Sec. 72. [414.0305] MUNICIPAL ANNEXATION.
55.5 	Notwithstanding the provisions of this chapter, no
55.6 	annexation by a municipality shall be effective during the
55.7 	period from the opening of filing for any previously scheduled
55.8 	municipal election until after the end of the contest period for
55.9 	that election.

55.10 	Sec. 73. Minnesota Statutes 2004, section 447.32,
55.11 	subdivision 4, is amended to read:
55.12 		Subd. 4.Candidates; ballots; certifying election.  A
55.13 	person who wants to be a candidate for the hospital board shall
55.14 	file an affidavit of candidacy for the election either as member
55.15 	at large or as a member representing the city or town where the
55.16 	candidate resides.  The affidavit of candidacy must be filed
55.17 	with the city or town clerk not more than ten weeks 70 days nor
55.18 	less than eight weeks 56 days before the first Tuesday after the
55.19 	second first Monday in September November of the year in which
55.20 	the general election is held.  The city or town clerk must
55.21 	forward the affidavits of candidacy to the clerk of the hospital
55.22 	district or, for the first election, the clerk of the most
55.23 	populous city or town immediately after the last day of the
55.24 	filing period.  A candidate may withdraw from the election by
55.25 	filing an affidavit of withdrawal with the clerk of the district
55.26 	no later than 5:00 p.m. two days after the last day to file
55.27 	affidavits of candidacy.
55.28 	Voting must be by secret ballot.  The clerk shall prepare,
55.29 	at the expense of the district, necessary ballots for the
55.30 	election of officers.  Ballots must be printed on tan paper and
55.31 	prepared as provided in the rules of the secretary of state.
55.32 	The ballots must be marked and initialed by at least two judges
55.33 	as official ballots and used exclusively at the election.  Any
55.34 	proposition to be voted on may be printed on the ballot provided
55.35 	for the election of officers.  The hospital board may also
55.36 	authorize the use of voting systems subject to chapter 206.
56.1 	Enough election judges may be appointed to receive the votes at
56.2 	each polling place.  The election judges shall act as clerks of
56.3 	election, count the ballots cast, and submit them to the board
56.4 	for canvass.
56.5 	After canvassing the election, the board shall issue a
56.6 	certificate of election to the candidate who received the
56.7 	largest number of votes cast for each office.  The clerk shall
56.8 	deliver the certificate to the person entitled to it in person
56.9 	or by certified mail.  Each person certified shall file an
56.10 	acceptance and oath of office in writing with the clerk within
56.11 	30 days after the date of delivery or mailing of the
56.12 	certificate.  The board may fill any office as provided in
56.13 	subdivision 1 if the person elected fails to qualify within 30
56.14 	days, but qualification is effective if made before the board
56.15 	acts to fill the vacancy.

56.16 	Sec. 74. REPEALER.
 56.17 	Minnesota Statutes 2004, section 204B.22, subdivision 2, is
56.18 	repealed.

56.19 	ARTICLE 4
56.20 	PERIODIC STATE AND LOCAL ELECTION DATES

56.21 	Section 1. [204D.035] PERIODIC ELECTION DAY.
56.22 		Subdivision 1.Short title. This section may be referred
56.23 	to as the "Periodic Election Day Act of 2005." 
56.24 		Subd. 2.Elections covered. This section applies to all
56.25 	state, county, municipal, school district, and any other
56.26 	political subdivision elections held in the state of Minnesota,
56.27 	and elections on ballot questions, except for (1) elections held
56.28 	to fill a vacancy in office and required by statute to be held
56.29 	sooner than the next day designated in subdivision 3, or (2)
56.30 	elections conducted by mail.
56.31 		Subd. 3.Elections on designated days. (a)
56.32 	Notwithstanding other law to the contrary, elections subject to
56.33 	subdivision 2 may be held only on the following days:
56.34 	(1) the fourth Tuesday in January;
56.35 	(2) the second Tuesday in March;
56.36 	(3) the third Tuesday in May;
57.1 	(4) the first Tuesday after the second Monday in September;
57.2 	and 
57.3 	(5) the first Tuesday after the first Monday in November.
57.4 	(b) The time period in which a special election must be
57.5 	conducted under any other law or charter provision must be
57.6 	extended to conform to the requirements of this subdivision.
57.7 		Subd. 4.Primary date if not specified. If other law
57.8 	provides for a primary to take place for a particular office but
57.9 	does not specify the date of the primary, the primary may be
57.10 	held on one of the days specified in subdivision 3, paragraph
57.11 	(a), clauses (1) to (4).  The general election for the office
57.12 	must be held on the date listed in subdivision 3 that
57.13 	immediately follows the date chosen for the primary.
57.14 		Subd. 5.Election times and polling places. An election
57.15 	held in a jurisdiction on one of the days specified in
57.16 	subdivision 3 must be held during the hours determined under
57.17 	section 204C.05.  The governing body of the municipality must
57.18 	set the polling place locations to be used for each precinct in
57.19 	all elections in any calendar year before the start of that
57.20 	calendar year.
57.21 		Subd. 6.Applicable laws. Except as otherwise provided
57.22 	by this section, Minnesota election law remains applicable to
57.23 	elections held on any of the days listed in subdivision 3.

57.24 	Sec. 2. EFFECTIVE DATE.
 57.25 	This article is effective January 1, 2006.

57.26 	ARTICLE 5
57.27 	CONFORMING AMENDMENTS

57.28 	Section 1. Minnesota Statutes 2004, section 123B.63,
57.29 	subdivision 3, is amended to read:
57.30 		Subd. 3.Capital project levy referendum.  A district may
57.31 	levy the local tax rate approved by a majority of the electors
57.32 	voting on the question to provide funds for an approved
57.33 	project.  The election must take place no more than five years
57.34 	before the estimated date of commencement of the project.  The
57.35 	referendum must be held on a date set by the board specified in
57.36 	section 204D.035, subdivision 3.  A referendum for a project not
58.1 	receiving a positive review and comment by the commissioner
58.2 	under section 123B.71 must be approved by at least 60 percent of
58.3 	the voters at the election.  The referendum may be called by the
58.4 	school board and may be held:
58.5 	(1) separately, before an election for the issuance of
58.6 	obligations for the project under chapter 475; or
58.7 	(2) in conjunction with an election for the issuance of
58.8 	obligations for the project under chapter 475; or
58.9 	(3) notwithstanding section 475.59, as a conjunctive
58.10 	question authorizing both the capital project levy and the
58.11 	issuance of obligations for the project under chapter 475.  Any
58.12 	obligations authorized for a project may be issued within five
58.13 	years of the date of the election.
58.14 	The ballot must provide a general description of the
58.15 	proposed project, state the estimated total cost of the project,
58.16 	state whether the project has received a positive or negative
58.17 	review and comment from the commissioner, state the maximum
58.18 	amount of the capital project levy as a percentage of net tax
58.19 	capacity, state the amount that will be raised by that local tax
58.20 	rate in the first year it is to be levied, and state the maximum
58.21 	number of years that the levy authorization will apply.
58.22 	The ballot must contain a textual portion with the
58.23 	information required in this section and a question stating
58.24 	substantially the following:
58.25 	"Shall the capital project levy proposed by the board of
58.26 	.......... School District No. .......... be approved?"
58.27 	If approved, the amount provided by the approved local tax
58.28 	rate applied to the net tax capacity for the year preceding the
58.29 	year the levy is certified may be certified for the number of
58.30 	years approved.
58.31 	In the event a conjunctive question proposes to authorize
58.32 	both the capital project levy and the issuance of obligations
58.33 	for the project, appropriate language authorizing the issuance
58.34 	of obligations must also be included in the question.
58.35 	The district must notify the commissioner of the results of
58.36 	the referendum.

59.1 	Sec. 2. Minnesota Statutes 2004, section 126C.17,
59.2 	subdivision 11, is amended to read:
59.3 		Subd. 11.Referendum date.  (a) Except for a referendum
59.4 	held under paragraph (b), any referendum under this section held
59.5 	on a day other than the first Tuesday after the first Monday in
59.6 	November must be conducted by mail in accordance with section
59.7 	204B.46.  Notwithstanding subdivision 9, paragraph (b), to the
59.8 	contrary, in the case of a referendum conducted by mail under
59.9 	this paragraph, the notice required by subdivision 9, paragraph
59.10 	(b), must be prepared and delivered by first-class mail at least
59.11 	20 days before the referendum.
59.12 	(b) In addition to the referenda allowed in subdivision 9,
59.13 	clause (a), the commissioner may grant authority to a district
59.14 	to hold a referendum on a different day if the district is in
59.15 	statutory operating debt and has an approved plan or has
59.16 	received an extension from the department to file a plan to
59.17 	eliminate the statutory operating debt. A referendum must be
59.18 	held on a date specified in section 204D.035, subdivision 3.
59.19 	(c) The commissioner must approve, deny, or modify each
59.20 	district's request for a referendum levy on a different day
59.21 	within 60 days of receiving the request from a district.

59.22 	Sec. 3. Minnesota Statutes 2004, section 204C.05, is
59.23 	amended by adding a subdivision to read:
59.24 		Subd. 1c.Elections; municipalities and school
59.25 	districts. The governing body of a municipality or school
59.26 	district may, by resolution, designate the hours during which
59.27 	the polling places will remain open for voting at the next
59.28 	succeeding and all later municipal or school district elections
59.29 	that are not held at the same time as the state primary or state
59.30 	general election.  All polling places must be open at least
59.31 	between the hours of 10:00 a.m. and 8:00 p.m.  The resolution
59.32 	remains in effect until revoked by the governing board or until
59.33 	a petition from voters is filed under this subdivision.  If a
59.34 	petition requesting longer voting hours for any election is
59.35 	signed by a number of voters equal to ten percent of the votes
59.36 	cast in the last municipal or school district general election,
60.1 	whichever applies, and filed with the appropriate municipal or
60.2 	school district clerk no later than 30 days before an election,
60.3 	the polling places for that election must open at 7:00 a.m. and
60.4 	close at 8:00 p.m.  The municipal or school district clerk must
60.5 	give ten days' published and posted notice of the change in
60.6 	hours and notify the appropriate county auditors of the change.

60.7 	Sec. 4. Minnesota Statutes 2004, section 205.10,
60.8 	subdivision 3, is amended to read:
60.9 		Subd. 3.Prohibition. No A special election authorized
60.10 	under subdivision 1 may be held within 40 days after the state
60.11 	general election only on a date specified in section 204D.035,
60.12 	subdivision 3.

60.13 	Sec. 5. [205.176] VOTING HOURS.
60.14 	In all municipal elections, the hours for voting must be
60.15 	determined as provided in section 204C.05.

60.16 	Sec. 6. Minnesota Statutes 2004, section 205A.05,
60.17 	subdivision 1, is amended to read:
60.18 		Subdivision 1.Questions.  Special elections must be held
60.19 	for a school district on a question on which the voters are
60.20 	authorized by law to pass judgment.  The school board may on its
60.21 	own motion call a special election to vote on any matter
60.22 	requiring approval of the voters of a district.  Upon petition
60.23 	of 50 or more voters of the school district or five percent of
60.24 	the number of voters voting at the preceding regular school
60.25 	district election, the school board shall by resolution call a
60.26 	special election to vote on any matter requiring approval of the
60.27 	voters of a district.  A question is carried only with the
60.28 	majority in its favor required by law.  The election officials
60.29 	for a special election are the same as for the most recent
60.30 	school district general election unless changed according to
60.31 	law.  Otherwise, special elections must be conducted and the
60.32 	returns made in the manner provided for the school district
60.33 	general election. A special election may not be held during the
60.34 	30 days before and the 30 days after the state primary, during
60.35 	the 30 days before and the 40 days after the state general
60.36 	election.  In addition, a special election may not be held
61.1 	during the 20 days before and the 20 days after any regularly
61.2 	scheduled election of a municipality wholly or partially within
61.3 	the school district.A special election under this subdivision
61.4 	must be held only on a date specified in section 204D.035,
61.5 	subdivision 3.Notwithstanding any other law to the contrary,
61.6 	the time period in which a special election must be conducted
61.7 	under any other law may be extended by the school board to
61.8 	conform with the requirements of this subdivision.

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

61.12 	Sec. 8. Minnesota Statutes 2004, section 373.40,
61.13 	subdivision 2, is amended to read:
61.14 		Subd. 2.Application of election requirement.  (a) Bonds
61.15 	issued by a county to finance capital improvements under an
61.16 	approved capital improvement plan are not subject to the
61.17 	election requirements of section 375.18 or 475.58.  The bonds
61.18 	must be approved by vote of at least three-fifths of the members
61.19 	of the county board.  In the case of a metropolitan county, the
61.20 	bonds must be approved by vote of at least two-thirds of the
61.21 	members of the county board.
61.22 	(b) Before issuance of bonds qualifying under this section,
61.23 	the county must publish a notice of its intention to issue the
61.24 	bonds and the date and time of a hearing to obtain public
61.25 	comment on the matter.  The notice must be published in the
61.26 	official newspaper of the county or in a newspaper of general
61.27 	circulation in the county.  The notice must be published at
61.28 	least 14, but not more than 28, days before the date of the
61.29 	hearing.
61.30 	(c) A county may issue the bonds only upon obtaining the
61.31 	approval of a majority of the voters voting on the question of
61.32 	issuing the obligations, if a petition requesting a vote on the
61.33 	issuance is signed by voters equal to five percent of the votes
61.34 	cast in the county in the last general election and is filed
61.35 	with the county auditor within 30 days after the public
61.36 	hearing.  The commissioner of revenue shall prepare a suggested
62.1 	form of the question to be presented at the election. The
62.2 	election may be held only on a date specified in section
62.3 	204D.035, subdivision 3.

62.4 	Sec. 9. Minnesota Statutes 2004, section 375.20, is
62.5 	amended to read:
62.6 	375.20 BALLOT QUESTIONS.
62.7 	If the county board may do an act, incur a debt,
62.8 	appropriate money for a purpose, or exercise any other power or
62.9 	authority, only if authorized by a vote of the people, the
62.10 	question may be submitted at a special or general election, by a
62.11 	resolution specifying the matter or question to be voted upon.
62.12 	If the question is to authorize the appropriation of money,
62.13 	creation of a debt, or levy of a tax, it shall state the
62.14 	amount.  Notice of the election shall be given as in the case of
62.15 	special elections.  If the question submitted is adopted, the
62.16 	board shall pass an appropriate resolution to carry it into
62.17 	effect.  In the election the form of the ballot shall be:  "In
62.18 	favor of (here state the substance of the resolution to be
62.19 	submitted), Yes ......  No......," with a square opposite each
62.20 	of the words "yes" and "no," in one of which the voter shall
62.21 	mark an "X" to indicate a choice.  The county board may call a
62.22 	special county election upon a question to be held within 60
62.23 	days on a date specified in section 204D.035, subdivision 3,
62.24 	after a resolution to that effect is adopted by the county
62.25 	board.  Upon the adoption of the resolution the county auditor
62.26 	shall post and publish notices of the election, as required by
62.27 	section 204D.22, subdivisions 2 and 3.  The election shall be
62.28 	conducted and the returns canvassed in the manner prescribed by
62.29 	sections 204D.20 to 204D.27, so far as practicable.

62.30 	Sec. 10. Minnesota Statutes 2004, section 458.40, is
62.31 	amended to read:
62.32 	458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.
62.33 	If a charter adopted under the Minnesota Constitution,
62.34 	article IV, section 36, article XI, section 4, or article XII,
62.35 	section 5, has a provision that requires the question of the
62.36 	issuance of bonds to be submitted to the electors, the provision
63.1 	prevails over sections 458.36 to 458.40. The question must be
63.2 	submitted to voters on a date specified in section 204D.035,
63.3 	subdivision 3, notwithstanding any contrary provision in the
63.4 	charter regarding the date of submission.

63.5 	Sec. 11. Minnesota Statutes 2004, section 465.82,
63.6 	subdivision 2, is amended to read:
63.7 		Subd. 2.Contents of plan.  The plan must state:
63.8 	(1) the specific cooperative activities the units will
63.9 	engage in during the first two years of the venture;
63.10 	(2) the steps to be taken to effect the merger of the
63.11 	governmental units, with completion no later than four years
63.12 	after the process begins;
63.13 	(3) the steps by which a single governing body will be
63.14 	created or, when the entire territory of a unit will be
63.15 	apportioned between or among two or more units contiguous to the
63.16 	unit that is to be apportioned, the steps to be taken by the
63.17 	governing bodies of the remaining units to provide for
63.18 	representation of the residents of the apportioned unit;
63.19 	(4) changes in services provided, facilities used, and
63.20 	administrative operations and staffing required to effect the
63.21 	preliminary cooperative activities and the final merger, and a
63.22 	two-, five-, and ten-year projection of expenditures for each
63.23 	unit if it combined and if it remained separate;
63.24 	(5) treatment of employees of the merging governmental
63.25 	units, specifically including provisions for reassigning
63.26 	employees, dealing with exclusive representatives, and providing
63.27 	financial incentives to encourage early retirements;
63.28 	(6) financial arrangements for the merger, specifically
63.29 	including responsibility for debt service on outstanding
63.30 	obligations of the merging units;
63.31 	(7) one- and two-year impact analyses, prepared by the
63.32 	granting state agency at the request of the local government
63.33 	unit, of major state aid revenues received for each unit if it
63.34 	combined and if it remained separate, including an impact
63.35 	analysis, prepared by the Department of Revenue, of any property
63.36 	tax revenue implications associated with tax increment financing
64.1 	districts and fiscal disparities under chapter 276A or 473F
64.2 	resulting from the merger;
64.3 	(8) procedures for a referendum to be held on a date
64.4 	specified in section 204D.035, subdivision 3,before the
64.5 	proposed combination to approve combining the local government
64.6 	units, specifically stating whether a majority of those voting
64.7 	in each district proposed for combination or a majority of those
64.8 	voting on the question in the entire area proposed for
64.9 	combination is needed to pass the referendum; and
64.10 	(9) a time schedule for implementation.
64.11 	Notwithstanding clause (3) or any other law to the
64.12 	contrary, all current members of the governing bodies of the
64.13 	local government units that propose to combine under sections
64.14 	465.81 to 465.86 may serve on the initial governing body of the
64.15 	combined unit until a gradual reduction in membership is
64.16 	achieved by foregoing election of new members when terms expire
64.17 	until the number permitted by other law is reached.

64.18 	Sec. 12. Minnesota Statutes 2004, section 465.84, is
64.19 	amended to read:
64.20 	465.84 REFERENDUM.
64.21 	During the first or second year of cooperation, a
64.22 	referendum on the question of combination must be conducted.
64.23 	The referendum must be on a date specified in section 204D.035,
64.24 	subdivision 3, and called by the governing bodies of the units
64.25 	that propose to combine.  The referendum must be conducted
64.26 	according to the Minnesota Election Law, as defined in section
64.27 	200.01.  If the referendum fails, the same question or a
64.28 	modified question may be submitted the following year.  If the
64.29 	referendum fails again, the same question may not be submitted.
64.30 	Referendums shall be conducted on the same date in all local
64.31 	government units.

64.32 	Sec. 13. Minnesota Statutes 2004, section 469.053,
64.33 	subdivision 5, is amended to read:
64.34 		Subd. 5.Reverse referendum.  A city may increase its
64.35 	levy for port authority purposes under subdivision 4 only as
64.36 	provided in this subdivision.  Its city council must first pass
65.1 	a resolution stating the proposed amount of levy increase.  The
65.2 	city must then publish the resolution together with a notice of
65.3 	public hearing on the resolution for two successive weeks in its
65.4 	official newspaper or, if none exists, in a newspaper of general
65.5 	circulation in the city.  The hearing must be held two to four
65.6 	weeks after the first publication.  After the hearing, the city
65.7 	council may decide to take no action or may adopt a resolution
65.8 	authorizing the proposed increase or a lesser increase.  A
65.9 	resolution authorizing an increase must be published in the
65.10 	city's official newspaper or, if none exists, in a newspaper of
65.11 	general circulation in the city.  The resolution is not
65.12 	effective if a petition requesting a referendum on the
65.13 	resolution is filed with the city clerk within 30 days of
65.14 	publication of the resolution.  The petition must be signed by
65.15 	voters equaling five percent of the votes cast in the city in
65.16 	the last general election.  The resolution is effective if
65.17 	approved by a majority of those voting on the question.  The
65.18 	commissioner of revenue shall prepare a suggested form of
65.19 	referendum question.  The referendum must be held at a special
65.20 	or general election before October 1 on a date specified in
65.21 	section 204D.035, subdivision 3,of the year for which the levy
65.22 	increase is proposed.

65.23 	Sec. 14. Minnesota Statutes 2004, section 469.0724, is
65.24 	amended to read:
65.25 	469.0724 GENERAL OBLIGATION BONDS.
65.26 	The port authority of Cannon Falls or Redwood Falls must
65.27 	not proceed with the sale of general obligation tax supported
65.28 	bonds until the city council by resolution approves the proposed
65.29 	issuance.  The resolution must be published in the official
65.30 	newspaper.  If, within 30 days after the publication, a petition
65.31 	signed by voters equal in number to ten percent of the number of
65.32 	voters at the last regular city election is filed with the city
65.33 	clerk, the city and port authority must not issue the general
65.34 	obligation tax supported bonds until the proposition has been
65.35 	approved by a majority of the votes cast on the question at a
65.36 	regular or special election held on a date specified in section
66.1 	204D.035, subdivision 3.

66.2 	Sec. 15. Minnesota Statutes 2004, section 469.190,
66.3 	subdivision 5, is amended to read:
66.4 		Subd. 5.Reverse referendum.  If the county board passes
66.5 	a resolution under subdivision 4 to impose the tax, the
66.6 	resolution must be published for two successive weeks in a
66.7 	newspaper of general circulation within the unorganized
66.8 	territory, together with a notice fixing a date for a public
66.9 	hearing on the proposed tax.
66.10 	The hearing must be held not less than two weeks nor more
66.11 	than four weeks after the first publication of the notice.
66.12 	After the public hearing, the county board may determine to take
66.13 	no further action, or may adopt a resolution authorizing the tax
66.14 	as originally proposed or approving a lesser rate of tax.  The
66.15 	resolution must be published in a newspaper of general
66.16 	circulation within the unorganized territory.  The voters of the
66.17 	unorganized territory may request a referendum on the proposed
66.18 	tax by filing a petition with the county auditor within 30 days
66.19 	after the resolution is published.  The petition must be signed
66.20 	by voters who reside in the unorganized territory.  The number
66.21 	of signatures must equal at least five percent of the number of
66.22 	persons voting in the unorganized territory in the last general
66.23 	election.  If such a petition is timely filed, the resolution is
66.24 	not effective until it has been submitted to the voters residing
66.25 	in the unorganized territory at a general or special election
66.26 	held on a date specified in section 204D.035, subdivision 3,and
66.27 	a majority of votes cast on the question of approving the
66.28 	resolution are in the affirmative.  The commissioner of revenue
66.29 	shall prepare a suggested form of question to be presented at
66.30 	the referendum.

66.31 	Sec. 16. Minnesota Statutes 2004, section 475.521,
66.32 	subdivision 2, is amended to read:
66.33 		Subd. 2.Election requirement.  (a) Bonds issued by a
66.34 	city to finance capital improvements under an approved capital
66.35 	improvements plan are not subject to the election requirements
66.36 	of section 475.58.  The bonds are subject to the net debt limits
67.1 	under section 475.53.  The bonds must be approved by an
67.2 	affirmative vote of three-fifths of the members of a five-member
67.3 	city council.  In the case of a city council having more than
67.4 	five members, the bonds must be approved by a vote of at least
67.5 	two-thirds of the city council.
67.6 	(b) Before the issuance of bonds qualifying under this
67.7 	section, the city must publish a notice of its intention to
67.8 	issue the bonds and the date and time of the hearing to obtain
67.9 	public comment on the matter.  The notice must be published in
67.10 	the official newspaper of the city or in a newspaper of general
67.11 	circulation in the city.  Additionally, the notice may be posted
67.12 	on the official Web site, if any, of the city.  The notice must
67.13 	be published at least 14 but not more than 28 days before the
67.14 	date of the hearing.
67.15 	(c) A city may issue the bonds only after obtaining the
67.16 	approval of a majority of the voters voting on the question of
67.17 	issuing the obligations, if a petition requesting a vote on the
67.18 	issuance is signed by voters equal to five percent of the votes
67.19 	cast in the city in the last general election and is filed with
67.20 	the city clerk within 30 days after the public hearing.  The
67.21 	commissioner of revenue shall prepare a suggested form of the
67.22 	question to be presented at the election. The election must be
67.23 	held on a date specified in section 204D.035, subdivision 3.

67.24 	Sec. 17. Minnesota Statutes 2004, section 475.58,
67.25 	subdivision 1, is amended to read:
67.26 		Subdivision 1.Approval by electors; exceptions.
 67.27 	Obligations authorized by law or charter may be issued by any
67.28 	municipality upon obtaining the approval of a majority of the
67.29 	electors voting at a special or general election held on a date
67.30 	specified in section 204D.035, subdivision 3,on the question of
67.31 	issuing the obligations, but an election shall not be required
67.32 	to authorize obligations issued:
67.33 	(1) to pay any unpaid judgment against the municipality;
67.34 	(2) for refunding obligations;
67.35 	(3) for an improvement or improvement program, which
67.36 	obligation is payable wholly or partly from the proceeds of
68.1 	special assessments levied upon property specially benefited by
68.2 	the improvement or by an improvement within the improvement
68.3 	program, or of taxes levied upon the increased value of property
68.4 	within a district for the development of which the improvement
68.5 	is undertaken, including obligations which are the general
68.6 	obligations of the municipality, if the municipality is entitled
68.7 	to reimbursement in whole or in part from the proceeds of such
68.8 	special assessments or taxes and not less than 20 percent of the
68.9 	cost of the improvement or the improvement program is to be
68.10 	assessed against benefited property or is to be paid from the
68.11 	proceeds of federal grant funds or a combination thereof, or is
68.12 	estimated to be received from such taxes within the district;
68.13 	(4) payable wholly from the income of revenue producing
68.14 	conveniences;
68.15 	(5) under the provisions of a home rule charter which
68.16 	permits the issuance of obligations of the municipality without
68.17 	election;
68.18 	(6) under the provisions of a law which permits the
68.19 	issuance of obligations of a municipality without an election;
68.20 	(7) to fund pension or retirement fund liabilities pursuant
68.21 	to section 475.52, subdivision 6;
68.22 	(8) under a capital improvement plan under section 373.40;
68.23 	and
68.24 	(9) under sections 469.1813 to 469.1815 (property tax
68.25 	abatement authority bonds), if the proceeds of the bonds are not
68.26 	used for a purpose prohibited under section 469.176, subdivision
68.27 	4g, paragraph (b).

68.28 	Sec. 18. Minnesota Statutes 2004, section 475.58,
68.29 	subdivision 1a, is amended to read:
68.30 		Subd. 1a.Resubmission limitation.  If the electors do
68.31 	not approve the issuing of obligations at an election required
68.32 	by subdivision 1, the question of authorizing the obligations
68.33 	for the same purpose and in the same amount may not be submitted
68.34 	to the electors within a period of until a special or general
68.35 	election held on a date specified in section 204D.035,
68.36 	subdivision 3, and not sooner than 180 days from the date the
69.1 	election was held.  If the question of authorizing the
69.2 	obligations for the same purpose and in the same amount is not
69.3 	approved a second time it may not be submitted to the electors
69.4 	within a period of one year after the second election.

69.5 	Sec. 19. Minnesota Statutes 2004, section 475.59, is
69.6 	amended to read:
69.7 	475.59 MANNER OF SUBMISSION; NOTICE.
69.8 	When the governing body of a municipality resolves to issue
69.9 	bonds for any purpose requiring the approval of the electors, it
69.10 	shall provide for submission of the proposition of their
69.11 	issuance at a general or special election held on a date
69.12 	specified in section 204D.035, subdivision 3,or at a town or
69.13 	common school district meeting.  Notice of such election or
69.14 	meeting shall be given in the manner required by law and shall
69.15 	state the maximum amount and the purpose of the proposed issue.
69.16 	In any school district, the school board or board of education
69.17 	may, according to its judgment and discretion, submit as a
69.18 	single ballot question or as two or more separate questions in
69.19 	the notice of election and ballots the proposition of their
69.20 	issuance for any one or more of the following, stated
69.21 	conjunctively or in the alternative:  acquisition or enlargement
69.22 	of sites, acquisition, betterment, erection, furnishing,
69.23 	equipping of one or more new schoolhouses, remodeling,
69.24 	repairing, improving, adding to, betterment, furnishing,
69.25 	equipping of one or more existing schoolhouses.  In any city,
69.26 	town, or county, the governing body may, according to its
69.27 	judgment and discretion, submit as a single ballot question or
69.28 	as two or more separate questions in the notice of election and
69.29 	ballots the proposition of their issuance, stated conjunctively
69.30 	or in the alternative, for the acquisition, construction, or
69.31 	improvement of any facilities at one or more locations.

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

69.35 	Sec. 21. EFFECTIVE DATE.
 69.36 	This article is effective January 1, 2006.  Section 17 is
70.1 	effective for obligations authorized at an election held after
70.2 	January 1, 2006.

70.3 	ARTICLE 6
70.4 	CAMPAIGN FINANCE

70.5 	Section 1. Minnesota Statutes 2004, section 10A.01, is
70.6 	amended by adding a subdivision to read:
70.7 		Subd. 16a.Electioneering communication. "Electioneering
70.8 	communication" means a broadcast communication that refers to a
70.9 	clearly identified candidate and is made within 60 days before a
70.10 	general or special election or 30 days before a primary or
70.11 	special primary for the office sought by the candidate.
70.12 	"Electioneering communication" does not include:
70.13 	(1) a communication appearing in a news story, commentary,
70.14 	or editorial distributed by a broadcasting station or newspaper,
70.15 	unless the broadcasting station or newspaper is owned or
70.16 	controlled by a political party unit, political committee, or
70.17 	candidate;
70.18 	(2) a campaign expenditure; or 
70.19 	(3) an independent expenditure.

70.20 	Sec. 2. Minnesota Statutes 2004, section 10A.14,
70.21 	subdivision 1, is amended to read:
70.22 		Subdivision 1.First registration.  The treasurer of a
70.23 	political committee, political fund, principal campaign
70.24 	committee, or party unit must register with the board by filing
70.25 	a statement of organization no later than 14 days 48 hours after
70.26 	the committee, fund, or party unit has made a contribution,
70.27 	received contributions, or made expenditures in excess of $100.

70.28 	Sec. 3. [10A.165] COORDINATED ELECTIONEERING
70.29 	COMMUNICATIONS; CONTRIBUTIONS; EXPENDITURES.
70.30 	If an individual, political committee, political fund, or
70.31 	political party unit makes an expenditure for an electioneering
70.32 	communication as defined in section 10A.01, subdivision 16a,
70.33 	that is coordinated with a principal campaign committee or
70.34 	political party unit, the electioneering communication
70.35 	constitutes a contribution to, and an expenditure by, the
70.36 	principal campaign committee of the candidate named in the
71.1 	electioneering communication or of the political party unit
71.2 	whose candidate is named in the electioneering communication.

71.3 	Sec. 4. Minnesota Statutes 2004, section 10A.20, is
71.4 	amended by adding a subdivision to read:
71.5 		Subd. 6c.Electioneering communication. An individual,
71.6 	political committee, political fund, or political party unit
71.7 	that makes or contracts to make an expenditure for an
71.8 	electioneering communication in an aggregate amount in excess of
71.9 	$500 within 60 days before a general or special election or 30
71.10 	days before a primary or special primary for the office sought
71.11 	by the candidate identified in the electioneering communication
71.12 	must, within 24 hours of making the expenditure, file a report
71.13 	with the board containing the following information:
71.14 	(1) the amount of each expenditure over $100, the name and
71.15 	address of the person to whom the expenditure was made or
71.16 	contracted to be made, and the purpose of the expenditure;
71.17 	(2) the election or primary to which each electioneering
71.18 	communication pertains and the name of any candidate to be
71.19 	identified in the electioneering communication; and 
71.20 	(3) in the case of a report filed by an individual, the
71.21 	name, address, and employer or occupation, if self-employed, of
71.22 	the individual making or contracting to make the electioneering
71.23 	communication.
71.24 	An additional report containing the information specified
71.25 	in this subdivision must be filed within 24 hours after each
71.26 	time an expenditure for an electioneering communication in an
71.27 	aggregate amount exceeding $500 is made or contracted to be made
71.28 	within 60 days before a general or special election or 30 days
71.29 	before a primary or special primary for the office sought by the
71.30 	candidate.

71.31 	Sec. 5. Minnesota Statutes 2004, section 10A.20, is
71.32 	amended by adding a subdivision to read:
71.33 		Subd. 6d.Independent expenditures. (a) An individual,
71.34 	political committee, political party unit, or political fund
71.35 	must file a report with the board each time the individual,
71.36 	political committee, political party unit, or political fund
72.1 	makes or contracts to make, at any time up to and including the
72.2 	20th day before an election, independent expenditures in an
72.3 	aggregate amount in excess of $500.  The report must be filed
72.4 	within 48 hours after initially making or contracting to make
72.5 	such expenditures.  An additional report must be filed within 48
72.6 	hours after each time an independent expenditure in an aggregate
72.7 	amount in excess of $500 is made or contracted to be made, up to
72.8 	and including the 20th day before an election.  The report must
72.9 	include the information required to be reported under
72.10 	subdivision 3, paragraph (g), except that if the expenditure is
72.11 	reported at the time it is contracted, the report must include
72.12 	the contract amount.  The report must also indicate (1) the name
72.13 	and office sought by a candidate named in the independent
72.14 	expenditure and (2) whether the independent expenditure
72.15 	expressly advocates the candidate's election or defeat.
72.16 	(b) An individual, political committee, political party
72.17 	unit, or political fund must file a report with the board each
72.18 	time the individual, political committee, political party unit,
72.19 	or political fund makes or contracts to make, between the 19th
72.20 	day and the last day before an election, an independent
72.21 	expenditure in an aggregate amount in excess of $100.  The
72.22 	report must be filed within 24 hours after initially making or
72.23 	contracting to make such expenditures.  An additional report
72.24 	must be filed within 24 hours after making or contracting to
72.25 	make an independent expenditure in an aggregate amount in excess
72.26 	of $100 at any time up to and including the 20th day before an
72.27 	election.  The report must include the information required to
72.28 	be reported under subdivision 3, paragraph (g), except that if
72.29 	the expenditure is reported at the time it is contracted, the
72.30 	report must include the contract amount.  The report must also
72.31 	indicate (1) the name and office sought by a candidate named in
72.32 	the independent expenditure and (2) whether the independent
72.33 	expenditure expressly advocates the candidate's election or
72.34 	defeat.

72.35 	Sec. 6. Minnesota Statutes 2004, section 10A.20, is
72.36 	amended by adding a subdivision to read:
73.1 		Subd. 6e.Encouraging voter participation. (a) An
73.2 	individual or association that makes or contracts to make an
73.3 	expenditure to encourage precinct caucus attendance, voter
73.4 	registration, or voting in an aggregate amount in excess of $200
73.5 	during a calendar year must, within 24 hours of making or
73.6 	contracting to make such an expenditure, file a report with the
73.7 	board containing:
73.8 	(1) the amount of each expenditure over $100, the name and
73.9 	address of the person to whom the expenditure was made or
73.10 	contracted to be made, and the purpose of the expenditure; and 
73.11 	(2) the election or primary to which each expenditure
73.12 	pertains.
73.13 	(b) An additional report containing the information
73.14 	specified in this subdivision must be filed within 24 hours
73.15 	after each time an expenditure subject to this subdivision is
73.16 	made or contracted to be made during the calendar year.

73.17 	Sec. 7. Minnesota Statutes 2004, section 10A.25,
73.18 	subdivision 2, is amended to read:
73.19 		Subd. 2.Amounts.  (a) In a year in which an election is
73.20 	held for an office sought by a candidate, the principal campaign
73.21 	committee of the candidate must not make campaign expenditures
73.22 	nor permit approved expenditures to be made on behalf of the
73.23 	candidate that result in aggregate expenditures in excess of the
73.24 	following:
73.25 	(1) for governor and lieutenant governor, running together,
73.26 	$2,188,090 $2,500,000;
73.27 	(2) for attorney general, $364,690 $1,250,000;
73.28 	(3) for secretary of state and state auditor, separately,
73.29 	$182,350 $625,000;
73.30 	(4) for state senator, $54,740;
73.31 	(5) for state representative, $28,400.
73.32 	(b) In addition to the amount in paragraph (a), clause (1),
73.33 	a candidate for endorsement for the office of lieutenant
73.34 	governor at the convention of a political party may make
73.35 	campaign expenditures and approved expenditures of five percent
73.36 	of that amount to seek endorsement.
74.1 	(c) If a special election cycle occurs during a general
74.2 	election cycle, expenditures by or on behalf of a candidate in
74.3 	the special election do not count as expenditures by or on
74.4 	behalf of the candidate in the general election.
74.5 	(d) The expenditure limits in this subdivision for an
74.6 	office are increased by ten percent for a candidate who is
74.7 	running for that office for the first time and who has not run
74.8 	previously for any other office whose territory now includes a
74.9 	population that is more than one-third of the population in the
74.10 	territory of the new office.

74.11 	Sec. 8. [10A.258] PARTY UNIT INDEPENDENT EXPENDITURE
74.12 	LIMITS.
74.13 	A political party unit that has signed an agreement under
74.14 	section 10A.322 and participates in the political contribution
74.15 	refund program must not make aggregate independent expenditures
74.16 	in a race in excess of $2,000.

74.17 	Sec. 9. Minnesota Statutes 2004, section 10A.322, is
74.18 	amended by adding a subdivision to read:
74.19 		Subd. 1a.Political party agreement. As a condition of
74.20 	issuing political contribution refund receipts under subdivision
74.21 	4, a political party unit must sign and file with the board a
74.22 	written agreement in which the political party unit agrees that
74.23 	it will comply with section 10A.258.  A political party unit may
74.24 	obtain an agreement form from the board and must file the form
74.25 	by September 1 preceding a general election in connection with
74.26 	which the political party unit intends to issue refund receipt
74.27 	forms.  An agreement may not be filed after that date.  Once
74.28 	filed, an agreement may not be rescinded.  The board must notify
74.29 	the commissioner of revenue of any agreement filed under this
74.30 	subdivision.

74.31 	Sec. 10. Minnesota Statutes 2004, section 10A.322,
74.32 	subdivision 2, is amended to read:
74.33 		Subd. 2.How long agreement is effective. (a) The
74.34 	agreement, insofar as it relates to the expenditure limits in
74.35 	section 10A.25, as adjusted by section 10A.255, and the
74.36 	contribution limit in section 10A.27, subdivision 10, remains
75.1 	effective for candidates until the dissolution of the principal
75.2 	campaign committee of the candidate or the end of the first
75.3 	election cycle completed after the agreement was filed,
75.4 	whichever occurs first.
75.5 	(b) The agreement, insofar as it relates to the independent
75.6 	expenditure limits in section 10A.258, remains effective for
75.7 	political party units until the end of the first election cycle
75.8 	completed after the agreement was filed.

75.9 	Sec. 11. Minnesota Statutes 2004, section 10A.322,
75.10 	subdivision 4, is amended to read:
75.11 		Subd. 4.Refund receipt forms; penalty.  The board must
75.12 	make available to a political party on request that has filed an
75.13 	agreement under subdivision 1a and to any candidate for whom an
75.14 	agreement under this section is effective, a supply of official
75.15 	refund receipt forms that state in boldface type that (1) a
75.16 	contributor who is given a receipt form is eligible to claim a
75.17 	refund as provided in section 290.06, subdivision 23, and (2) if
75.18 	the contribution is to a candidate, that the candidate has
75.19 	signed an agreement to limit campaign expenditures as provided
75.20 	in this section; or, if the contribution is to a political party
75.21 	unit, that the political party unit has signed an agreement to
75.22 	limit independent expenditures as provided in subdivision 1a.
75.23 	The forms must provide duplicate copies of the receipt to be
75.24 	attached to the contributor's claim.  A candidate who or
75.25 	political party unit that does not sign an agreement under this
75.26 	section and who willfully issues an official refund receipt form
75.27 	or a facsimile of one to any of the candidate's or political
75.28 	party unit's contributors is guilty of a misdemeanor.

75.29 	Sec. 12. Minnesota Statutes 2004, section 290.06,
75.30 	subdivision 23, is amended to read:
75.31 		Subd. 23.Refund of contributions to political parties
75.32 	and candidates.  (a) A taxpayer may claim a refund equal to the
75.33 	amount of the taxpayer's contributions made in the calendar year
75.34 	to candidates and to a political party.  The maximum refund for
75.35 	an individual must not exceed $50 and for a married couple,
75.36 	filing jointly, must not exceed $100.  A refund of a
76.1 	contribution is allowed only if the taxpayer files a form
76.2 	required by the commissioner and attaches to the form a copy of
76.3 	an official refund receipt form issued by the candidate or party
76.4 	and signed by the candidate, the treasurer of the candidate's
76.5 	principal campaign committee, or the chair or treasurer of the
76.6 	party unit, after the contribution was received.  The receipt
76.7 	forms must be numbered, and the data on the receipt that are not
76.8 	public must be made available to the campaign finance and public
76.9 	disclosure board upon its request.  A claim must be filed with
76.10 	the commissioner no sooner than January 1 of the calendar year
76.11 	in which the contribution was made and no later than April 15 of
76.12 	the calendar year following the calendar year in which the
76.13 	contribution was made.  A taxpayer may file only one claim per
76.14 	calendar year.  Amounts paid by the commissioner after June 15
76.15 	of the calendar year following the calendar year in which the
76.16 	contribution was made must include interest at the rate
76.17 	specified in section 270.76.
76.18 	(b) No refund is allowed under this subdivision for a
76.19 	contribution to a candidate or political party unless the
76.20 	candidate or political party unit:
76.21 	(1) has signed an agreement to limit campaign expenditures
76.22 	as provided in section 10A.322;
76.23 	(2) in the case of a candidate,is seeking an office for
76.24 	which voluntary spending limits are specified in section 10A.25;
76.25 	and
76.26 	(3) in the case of a candidate,has designated a principal
76.27 	campaign committee.
76.28 	This subdivision does not limit the independent
76.29 	expenditures of a political party unit or the campaign
76.30 	expenditures of a candidate who does not sign an agreement but
76.31 	accepts a contribution for which the contributor improperly
76.32 	claims a refund.
76.33 	(c) For purposes of this subdivision, "political party"
76.34 	means a major political party as defined in section 200.02,
76.35 	subdivision 7, or a minor political party qualifying for
76.36 	inclusion on the income tax or property tax refund form under
77.1 	section 10A.31, subdivision 3a.
77.2 	A "major party" or "minor party" includes the aggregate of
77.3 	that party's organization within each house of the legislature,
77.4 	the state party organization, and the party organization within
77.5 	congressional districts, counties, legislative districts,
77.6 	municipalities, and precincts.
77.7 	"Candidate" means a candidate as defined in section 10A.01,
77.8 	subdivision 10, except a candidate for judicial office.
77.9 	"Contribution" means a gift of money.
77.10 	(d) The commissioner shall make copies of the form
77.11 	available to the public and candidates upon request.
77.12 	(e) The following data collected or maintained by the
77.13 	commissioner under this subdivision are private:  the identities
77.14 	of individuals claiming a refund, the identities of candidates
77.15 	to whom those individuals have made contributions, and the
77.16 	amount of each contribution.
77.17 	(f) The commissioner shall report to the campaign finance
77.18 	and public disclosure board by each August 1 a summary showing
77.19 	the total number and aggregate amount of political contribution
77.20 	refunds made on behalf of each candidate and each political
77.21 	party.  These data are public.
77.22 	(g) The amount necessary to pay claims for the refund
77.23 	provided in this section is appropriated from the general fund
77.24 	to the commissioner of revenue.
77.25 	(h) For a taxpayer who files a claim for refund via the
77.26 	Internet or other electronic means, the commissioner may accept
77.27 	the number on the official receipt as documentation that a
77.28 	contribution was made rather than the actual receipt as required
77.29 	by paragraph (a).

77.30 	Sec. 13. INTERNET CAMPAIGN REPORTING AND PUBLIC SUBSIDY
77.31 	PAYMENT STUDY.
 77.32 	A work group is established to study the feasibility of
77.33 	creating an online campaign finance reporting and public subsidy
77.34 	payment system.  The work group must study the initial costs and
77.35 	long-term savings of creating a system for filing online all
77.36 	reports required by Minnesota Statutes, chapter 10A, and for
78.1 	electronically making subsidy payments under Minnesota Statutes,
78.2 	chapter 10A.  The work group must report to the chairs of the
78.3 	Civil Law and Elections Committee and the State Government
78.4 	Finance Committee in the house of representatives and the chairs
78.5 	of the Elections Committee and the State Government Budget
78.6 	Division of the Finance Committee in the senate by January 15,
78.7 	2006.
78.8 	The work group shall consist of one member of the Campaign
78.9 	Finance and Public Disclosure Board designated by the chair of
78.10 	the board, three members appointed by the governor, three
78.11 	members appointed by the speaker of the house, and three members
78.12 	appointed by the senate Committee on Committees.
78.13 	The Campaign Finance and Public Disclosure Board and the
78.14 	Department of Revenue must provide staff resources to the work
78.15 	group.