1.1 	A bill for an act
1.2 	relating to elections; extending the deadline for
1.3 	submitting voter registration applications; clarifying
1.4 	documents acceptable to prove residence; specifying
1.5 	form of voter registration application; authorizing
1.6 	registered voters to withhold their name from the
1.7 	public information list; requiring notice to
1.8 	individuals whose civil rights have been restored;
1.9 	regulating conduct and requiring training of polling
1.10 	place challengers; adding to the Voter's Bill of
1.11 	Rights; allowing ex-felons to leave a polling place
1.12 	and return; campaign finance; changing certain
1.13 	disclosure requirements; limiting independent
1.14 	expenditures by political party units; regulating
1.15 	electioneering communications; increasing certain
1.16 	expenditure limits; establishing a work group;
1.17 	amending Minnesota Statutes 2004, sections 3.02;
1.18 	10A.01, subdivisions 5, 9, by adding subdivisions;
1.19 	10A.025, by adding a subdivision; 10A.071, subdivision
1.20 	3; 10A.08; 10A.14, subdivision 1; 10A.20, subdivision
1.21 	5, by adding subdivisions; 10A.25, subdivision 2;
1.22 	10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31,
1.23 	subdivision 4; 10A.322, subdivisions 2, 4, by adding a
1.24 	subdivision; 123B.63, subdivision 3; 126C.17,
1.25 	subdivision 11; 200.02, subdivisions 7, 23, by adding
1.26 	a subdivision; 201.061, subdivisions 1, 3, by adding a
1.27 	subdivision; 201.071, subdivision 1; 201.091,
1.28 	subdivisions 4, 5; 203B.01, subdivision 3; 203B.02,
1.29 	subdivision 1; 203B.04, subdivisions 1, 4, by adding a
1.30 	subdivision; 203B.07, subdivision 2; 203B.11,
1.31 	subdivision 1; 203B.12, subdivision 2; 203B.16, by
1.32 	adding a subdivision; 203B.20; 203B.21, subdivisions
1.33 	1, 3; 203B.24, subdivision 1; 204B.10, subdivision 6;
1.34 	204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
1.35 	204B.18, subdivision 1; 204B.22, subdivision 3;
1.36 	204B.27, subdivisions 1, 3; 204B.33; 204C.05,
1.37 	subdivision 1a, by adding a subdivision; 204C.06,
1.38 	subdivision 2; 204C.07, subdivision 4, by adding a
1.39 	subdivision; 204C.08, subdivisions 1, 1a; 204C.12,
1.40 	subdivisions 2, 4; 204C.24, subdivision 1; 204C.28,
1.41 	subdivision 1; 204C.50, subdivision 1; 204D.03,
1.42 	subdivision 1; 204D.14, subdivision 3; 204D.27,
1.43 	subdivision 5; 205.10, subdivision 3; 205.175,
1.44 	subdivision 2; 205A.05, subdivision 1; 205A.09,
1.45 	subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by
1.46 	adding subdivisions; 206.57, subdivisions 1, 5, by
2.1 	adding a subdivision; 206.58, subdivision 1; 206.61,
2.2 	subdivisions 4, 5; 206.64, subdivision 1; 206.80;
2.3 	206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
2.4 	subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90,
2.5 	subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04,
2.6 	subdivision 1; 208.05; 208.06; 208.07; 208.08;
2.7 	211B.01, subdivision 3; 211B.13, subdivision 1;
2.8 	290.06, subdivision 23; 358.11; 373.40, subdivision 2;
2.9 	375.20; 414.01, by adding a subdivision; 447.32,
2.10 	subdivision 4; 458.40; 465.82, subdivision 2; 465.84;
2.11 	469.053, subdivision 5; 469.0724; 469.190, subdivision
2.12 	5; 471.895, subdivision 3; 475.521, subdivision 2;
2.13 	475.58, subdivisions 1, 1a; 475.59; proposing coding
2.14 	for new law in Minnesota Statutes, chapters 10A; 204D;
2.15 	205; 205A; 414; repealing Minnesota Statutes 2004,
2.16 	sections 204B.22, subdivision 2; 204C.05, subdivisions
2.17 	1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09;
2.18 	Minnesota Rules, parts 4501.0300, subparts 1, 4;
2.19 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
2.20 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500,
2.21 	subpart 9; 4503.0800, subpart 1.
2.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.23 	ARTICLE 1
2.24 	VOTER REGISTRATION

2.25 	Section 1. Minnesota Statutes 2004, section 201.061,
2.26 	subdivision 1, is amended to read:
2.27 		Subdivision 1.Prior to election day.  At any time except
2.28 	during the 20 days immediately preceding any election, an
2.29 	eligible voter or any individual who will be an eligible voter
2.30 	at the time of the next election may register to vote in the
2.31 	precinct in which the voter maintains residence by completing a
2.32 	voter registration application as described in section 201.071,
2.33 	subdivision 1, and submitting it in person or by mail to the
2.34 	county auditor of that county or to the Secretary of State's
2.35 	Office.  A registration that is received no later than 5:00 p.m.
2.36 	on the 21st day preceding any election shall be accepted.  An
2.37 	improperly addressed or delivered registration application shall
2.38 	be forwarded within two working days after receipt to the county
2.39 	auditor of the county where the voter maintains residence.  A
2.40 	state or local agency or an individual that accepts from anyone
2.41 	a completed voter registration applications from application
2.42 	signed and dated by a voter must submit the completed
2.43 	applications application to the secretary of state or the
2.44 	appropriate county auditor within ten 15 business days after the
2.45 	applications are application was dated by the voter.
2.46 	For purposes of this section, mail registration is defined
3.1 	as a voter registration application delivered to the secretary
3.2 	of state, county auditor, or municipal clerk by the United
3.3 	States Postal Service or a commercial carrier.

3.4 	Sec. 2. Minnesota Statutes 2004, section 201.061,
3.5 	subdivision 3, is amended to read:
3.6 		Subd. 3.Election day registration. (a) An individual
3.7 	who is eligible to vote may register on election day by
3.8 	appearing in person at the polling place for the precinct in
3.9 	which the individual maintains residence, by completing a
3.10 	registration application, making an oath in the form prescribed
3.11 	by the secretary of state and providing proof of residence.  An
3.12 	individual may prove residence for purposes of registering by:
3.13 	(1) presenting a driver's license or Minnesota
3.14 	identification card issued pursuant to section 171.07;
3.15 	(2) presenting a current and valid government issued photo
3.16 	identification that shows the name and residential address of
3.17 	the voter;
3.18 	(3) presenting a copy of a current utility bill, signed
3.19 	residential lease, bank statement, government check, paycheck,
3.20 	or other government document that shows the name and residential
3.21 	address of the voter, and presenting with any item in this
3.22 	clause, a current and valid photo identification;
3.23 	(4) presenting any document approved by the secretary of
3.24 	state as proper identification;
3.25 	(3) (5) presenting one of the following:
3.26 	(i) a current valid student identification card from a
3.27 	postsecondary educational institution in Minnesota, if a list of
3.28 	students from that institution has been prepared under section
3.29 	135A.17 and certified to the county auditor in the manner
3.30 	provided in rules of the secretary of state; or 
3.31 	(ii) a current student fee statement that contains the
3.32 	student's valid residential address in the precinct together
3.33 	with a picture current and valid photo identification card;
3.34 	(iii) a current student registration card that contains the
3.35 	student's residential address in the precinct together with a
3.36 	current and valid photo identification; or 
4.1 	(iv) a current student monthly rental statement that
4.2 	contains the student's residential address in the precinct
4.3 	together with a current and valid photo identification;or
4.4 	(4) (6) having a voter who is registered to vote in the
4.5 	precinct, or who is an employee employed by and working in a
4.6 	residential facility in the precinct and vouching for a resident
4.7 	in the facility,sign an oath in the presence of the election
4.8 	judge vouching that the voter or employee personally knows that
4.9 	the individual is a resident of the precinct.  A voter who has
4.10 	been vouched for on election day may not sign a proof of
4.11 	residence oath vouching for any other individual on that
4.12 	election day.
4.13 	For the purposes of clauses (3) and (5), items (ii), (iii),
4.14 	and (iv), "photo identification" includes any identification
4.15 	that displays the name and photo of an individual and that is
4.16 	issued by a federal, state, local, or tribal government or
4.17 	government agency; an employer; a bank; a credit card company; a
4.18 	college; a university; a high school; or a business for its
4.19 	membership program.
4.20 	(b) The operator of a residential facility shall prepare a
4.21 	list of the names of its employees currently working in the
4.22 	residential facility and the address of the residential
4.23 	facility.  The operator shall certify the list and provide it to
4.24 	the appropriate county auditor no less than 20 days before each
4.25 	election for use in election day registration.
4.26 	(c) For tribal band members living on an Indian
4.27 	reservation, an individual may prove residence for purposes of
4.28 	registering by presenting an identification card issued by the
4.29 	tribal government of a tribe recognized by the Bureau of Indian
4.30 	Affairs, United States Department of the Interior, that contains
4.31 	the name, street address, signature, and picture of the
4.32 	individual. The county auditor of each county having territory
4.33 	within the reservation shall maintain a record of the number of
4.34 	election day registrations accepted under this section.
4.35 	(d) A county, school district, or municipality may require
4.36 	that an election judge responsible for election day registration
5.1 	initial each completed registration application.

5.2 	Sec. 3. Minnesota Statutes 2004, section 201.061, is
5.3 	amended by adding a subdivision to read:
5.4 		Subd. 3a.Definitions. (a) The definitions in this
5.5 	subdivision apply to subdivision 3.
5.6 	(b) "Bank statement" includes a bank statement, investment
5.7 	account statement, brokerage statement, pension fund statement,
5.8 	dividend check, or any other notice or letter from a financial
5.9 	institution relating to an account or investment held by the
5.10 	voter at the financial institution.
5.11 	(c) "Government check" includes a Social Security
5.12 	Administration check statement or a check stub or electronic
5.13 	deposit receipt from a public assistance payment or tax refund
5.14 	or credit.
5.15 	(d) "Other government document" includes military
5.16 	identification; a document issued by a governmental entity that
5.17 	qualifies for use as identification for purposes of acquiring a
5.18 	driver's license in this state; a Metro Mobility card; a
5.19 	property tax statement; a public housing lease or rent statement
5.20 	or agreement, or a rent statement or agreement provided under a
5.21 	subsidized housing program; a document or statement provided to
5.22 	a voter as evidence of income or eligibility for a tax deduction
5.23 	or tax credit; a periodic notice from a federal, state, or local
5.24 	agency for a public assistance program, such as the Minnesota
5.25 	family investment program, food stamps, general assistance,
5.26 	medical assistance, general assistance medical care,
5.27 	MinnesotaCare, unemployment benefits, or social security; an
5.28 	insurance card for a government administered or subsidized
5.29 	health insurance program; or a discharge certificate, pardon, or
5.30 	other official document issued to the voter in connection with
5.31 	the resolution of a criminal case, indictment, sentence, or
5.32 	other matter, in accordance with state law.
5.33 	(e) "Paycheck" includes a check stub or electronic deposit
5.34 	receipt.
5.35 	(f) "Residential facility" means transitional housing as
5.36 	defined in section 119A.43, subdivision 1; a supervised living
6.1 	facility licensed by the commissioner of health under section
6.2 	144.50, subdivision 6; a nursing home as defined in section
6.3 	144A.01, subdivision 5; a residence registered with the
6.4 	commissioner of health as a housing with services establishment
6.5 	as defined in section 144D.01, subdivision 4; a veterans home
6.6 	operated by the board of directors of the Minnesota Veterans
6.7 	Homes under chapter 198; a residence licensed by the
6.8 	commissioner of human services to provide a residential program
6.9 	as defined in section 245A.02, subdivision 14; a residential
6.10 	facility for persons with a developmental disability licensed by
6.11 	the commissioner of human services under section 252.28; group
6.12 	residential housing as defined in section 256I.03, subdivision
6.13 	3; a shelter for battered women as defined in section 611A.37,
6.14 	subdivision 4; or a supervised publicly or privately operated
6.15 	shelter or dwelling designed to provide temporary living
6.16 	accommodations for the homeless.
6.17 	(g) "Utility bill" includes a bill for gas, electricity,
6.18 	telephone, wireless telephone, cable television, solid waste,
6.19 	water, or sewer services.

6.20 	Sec. 4. Minnesota Statutes 2004, section 201.071,
6.21 	subdivision 1, is amended to read:
6.22 		Subdivision 1.Form.  A voter registration application
6.23 	must be of suitable size and weight for mailing and contain
6.24 	spaces for the following required information:  voter's first
6.25 	name, middle name, and last name; voter's previous name, if any;
6.26 	voter's current address; voter's previous address, if any;
6.27 	voter's date of birth; voter's municipality and county of
6.28 	residence; voter's telephone number, if provided by the voter;
6.29 	date of registration; current and valid Minnesota driver's
6.30 	license number or Minnesota state identification number, or if
6.31 	the voter has no current and valid Minnesota driver's license or
6.32 	Minnesota state identification, the last four digits of the
6.33 	voter's Social Security number; and voter's signature.  The
6.34 	registration application may include the voter's e-mail address,
6.35 	if provided by the voter, and the voter's interest in serving as
6.36 	an election judge, if indicated by the voter.  The application
7.1 	must also contain the following certification of voter
7.2 	eligibility:
7.3 	"I certify that I:
7.4 	(1) will be at least 18 years old on election day;
7.5 	(2) am a citizen of the United States;
7.6 	(3) will have resided in Minnesota for 20 days immediately
7.7 	preceding election day;
7.8 	(4) maintain residence at the address given on the
7.9 	registration form;
7.10 	(5) am not under court-ordered guardianship of the person
7.11 	where I have not retained the right to vote;
7.12 	(6) have not been found by a court to be legally
7.13 	incompetent to vote;
7.14 	(7) have not the right to vote because, if I have been
7.15 	convicted of a felony without having my civil rights restored ,
7.16 	my felony sentence has expired (been completed) or I have been
7.17 	discharged; and
7.18 	(8) have read and understand the following statement:  that
7.19 	giving false information is a felony punishable by not more than
7.20 	five years imprisonment or a fine of not more than $10,000, or
7.21 	both."
7.22 	The certification must include boxes for the voter to
7.23 	respond to the following questions:
7.24 	"(1) Are you a citizen of the United States?" and
7.25 	"(2) Will you be 18 years old on or before election day?"
7.26 	And the instruction:
7.27 	"If you checked 'no' to either of these questions, do not
7.28 	complete this form."
7.29 	The voter registration application must set forth the
7.30 	deadline under section 201.061, subdivision 1, for returning a
7.31 	voter registration application after it is dated by the voter.
7.32 	The form of the voter registration application and the
7.33 	certification of voter eligibility must be as provided in this
7.34 	subdivision and approved by the secretary of state.  Voter
7.35 	registration forms authorized by the National Voter Registration
7.36 	Act may also be accepted as valid.
8.1 	An individual may use a voter registration application to
8.2 	apply to register to vote in Minnesota or to change information
8.3 	on an existing registration.

8.4 	Sec. 5. Minnesota Statutes 2004, section 201.091,
8.5 	subdivision 4, is amended to read:
8.6 		Subd. 4.Public information lists.  The county auditor
8.7 	shall make available for inspection a public information list
8.8 	which must contain the name, address, year of birth, and voting
8.9 	history of each registered voter in the county.  The telephone
8.10 	number must be included on the list if provided by the voter.
8.11 	The public information list may also include information on
8.12 	voting districts.  The county auditor may adopt reasonable rules
8.13 	governing access to the list.  No individual inspecting the
8.14 	public information list shall tamper with or alter it in any
8.15 	manner.  No individual who inspects the public information list
8.16 	or who acquires a list of registered voters prepared from the
8.17 	public information list may use any information contained in the
8.18 	list for purposes unrelated to elections, political activities,
8.19 	or law enforcement.  The secretary of state may provide copies
8.20 	of the public information lists and other information from the
8.21 	statewide registration system for uses related to elections,
8.22 	political activities, or in response to a law enforcement
8.23 	inquiry from a public official concerning a failure to comply
8.24 	with any criminal statute or any state or local tax statute.
8.25 	Before inspecting the public information list or obtaining
8.26 	a list of voters or other information from the list, the
8.27 	individual shall provide identification to the public official
8.28 	having custody of the public information list and shall state in
8.29 	writing that any information obtained from the list will not be
8.30 	used for purposes unrelated to elections, political activities,
8.31 	or law enforcement.  Requests to examine or obtain information
8.32 	from the public information lists or the statewide registration
8.33 	system must be made and processed in the manner provided in the
8.34 	rules of the secretary of state.
8.35 	Upon receipt of a written request and a copy of the court
8.36 	order statement signed by the voter that withholding the voter's
9.1 	name from the public information list is required for the safety
9.2 	of the voter or the voter's family, the secretary of state and
9.3 	county auditor must withhold from the public information list
9.4 	the name of any a registered voter placed under court-ordered
9.5 	protection.

9.6 	Sec. 6. Minnesota Statutes 2004, section 203B.16, is
9.7 	amended by adding a subdivision to read:
9.8 		Subd. 5.Duties of county auditor. Each county auditor
9.9 	shall mail absentee ballot applications to the study-abroad
9.10 	office of each college or university whose principal
9.11 	administrative offices are located within the county.

9.12 	Sec. 7. Minnesota Statutes 2004, section 204C.06,
9.13 	subdivision 2, is amended to read:
9.14 		Subd. 2.Individuals allowed in polling place;
9.15 	identification.  (a) Representatives of the secretary of state's
9.16 	office, the county auditor's office, and the municipal or school
9.17 	district clerk's office may be present at the polling place to
9.18 	observe election procedures.  Except for these representatives,
9.19 	election judges, sergeants-at-arms, and challengers, an
9.20 	individual may remain inside the polling place during voting
9.21 	hours only while voting or registering to vote, providing proof
9.22 	of residence for an individual who is registering to vote, or
9.23 	assisting a handicapped voter or a voter who is unable to read
9.24 	English.  During voting hours no one except individuals
9.25 	receiving, marking, or depositing ballots shall approach within
9.26 	six feet of a voting booth, unless lawfully authorized to do so
9.27 	by an election judge.
9.28 	(b) Teachers and elementary or secondary school students
9.29 	participating in an educational activity authorized by section
9.30 	204B.27, subdivision 7, may be present at the polling place
9.31 	during voting hours.
9.32 	(c) Each official on duty in the polling place must wear an
9.33 	identification badge that shows their role in the election
9.34 	process.  The badge must not show their party affiliation.

9.35 	Sec. 8. Minnesota Statutes 2004, section 204C.07,
9.36 	subdivision 4, is amended to read:
10.1 		Subd. 4.Restrictions on conduct. An election judge may
10.2 	not be appointed as a challenger.The election judges shall
10.3 	permit challengers appointed pursuant to this section to be
10.4 	present in the polling place during the hours of voting and to
10.5 	remain there until the votes are counted and the results
10.6 	declared.  No challenger shall handle or inspect registration
10.7 	cards, files, or lists.  Challengers shall not prepare in any
10.8 	manner any list of individuals who have or have not voted.  They
10.9 	shall not attempt to influence voting in any manner.  They shall
10.10 	not converse with a voter except to determine, in the presence
10.11 	of an election judge, whether the voter is eligible to vote in
10.12 	the precinct.

10.13 	Sec. 9. Minnesota Statutes 2004, section 204C.07, is
10.14 	amended by adding a subdivision to read:
10.15 		Subd. 5.Challenger training. (a) At least once every
10.16 	two years, the secretary of state shall provide training for all
10.17 	challengers who are appointed to serve at any election to be
10.18 	held in this state.  The secretary of state may delegate to a
10.19 	county or municipal election official the duty to provide
10.20 	training of challengers in that county, municipality, or school
10.21 	district.
10.22 	(b) No individual may serve as a challenger who has not
10.23 	received at least two hours of training within the last two
10.24 	years as required by this subdivision.
10.25 	(c) Each major political party must reimburse the secretary
10.26 	of state, county auditor, or municipal clerk for the cost of
10.27 	training challengers appointed by that major political party.
10.28 	(d) A training authority must issue a certification of
10.29 	challenger training to a person who successfully completes a
10.30 	training course.  The training course must be conducted not more
10.31 	than 60 days before the state primary election or fewer than
10.32 	three days before the state general election.  The challenger
10.33 	training course must include information on the following topics:
10.34 	(1) eligibility requirements for voting;
10.35 	(2) forms of identification acceptable for purposes of
10.36 	election day registration;
11.1 	(3) challenge process; and 
11.2 	(4) restrictions on challenger behavior.

11.3 	Sec. 10. Minnesota Statutes 2004, section 204C.08,
11.4 	subdivision 1a, is amended to read:
11.5 		Subd. 1a.Voter's bill of rights.  The county auditor
11.6 	shall prepare and provide to each polling place sufficient
11.7 	copies of a poster setting forth the Voter's Bill of Rights as
11.8 	set forth in this section.  Before the hours of voting are
11.9 	scheduled to begin, the election judges shall post it in a
11.10 	conspicuous location or locations in the polling place.  The
11.11 	Voter's Bill of Rights is as follows:
11.12 	"VOTER'S BILL OF RIGHTS
11.13 	For all persons residing in this state who meet federal
11.14 	voting eligibility requirements:
11.15 	(1) You have the right to be absent from work for the
11.16 	purpose of voting during the morning of election day.
11.17 	(2) If you are in line at your polling place any time
11.18 	between 7:00 a.m. and 8:00 p.m., you have the right to vote.
11.19 	(3) If you can provide the required proof of residence, you
11.20 	have the right to register to vote and to vote on election day.
11.21 	(4) If you are unable to sign your name, you have the right
11.22 	to orally confirm your identity with an election judge and to
11.23 	direct another person to sign your name for you.
11.24 	(5) You have the right to request special assistance when
11.25 	voting.
11.26 	(6) If you need assistance, you may be accompanied into the
11.27 	voting booth by a person of your choice, except by an agent of
11.28 	your employer or union or a candidate.
11.29 	(7) You have the right to bring your minor children into
11.30 	the polling place and into the voting booth with you.
11.31 	(8) If you have been convicted of a felony but your civil
11.32 	rights have been restored your felony sentence has expired (been
11.33 	completed) or you have been discharged, you have the right to
11.34 	vote.
11.35 	(9) You have the right to vote without anyone in the
11.36 	polling place trying to influence your vote.
12.1 	(10) If you make a mistake or spoil your ballot before it
12.2 	is submitted, you have the right to receive a replacement ballot
12.3 	and vote.
12.4 	(11) You have the right to file a written complaint at your
12.5 	polling place if you are dissatisfied with the way an election
12.6 	is being run.
12.7 	(12) You have the right to take a sample ballot into the
12.8 	voting booth with you.
12.9 	(13) You have the right to take a copy of this Voter's Bill
12.10 	of Rights into the voting booth with you."

12.11 	Sec. 11. Minnesota Statutes 2004, section 204C.12,
12.12 	subdivision 2, is amended to read:
12.13 		Subd. 2.Statement of grounds; oath.  The challenger
12.14 	shall state the ground for the challenge, and in writing, under
12.15 	oath, and based on the challenger's personal knowledge.An
12.16 	election judge shall administer to the challenged individual the
12.17 	following oath:
12.18 	"Do you solemnly swear that you will fully and truly answer
12.19 	all questions put to you concerning your eligibility to vote at
12.20 	this election?"
12.21 	The election judge shall then ask the challenged individual
12.22 	sufficient questions to test that individual's residence and
12.23 	right to vote.

12.24 	Sec. 12. Minnesota Statutes 2004, section 204C.12,
12.25 	subdivision 4, is amended to read:
12.26 		Subd. 4.Refusal to answer questions or sign a polling
12.27 	place roster.  A challenged individual who refuses to answer
12.28 	questions or sign a polling place roster as required by this
12.29 	section must not be allowed to vote.  A challenged individual
12.30 	who leaves the polling place and returns later willing to answer
12.31 	questions or sign a polling place roster must not be allowed to
12.32 	vote, except an individual challenged because of a prior
12.33 	conviction of a felony.

12.34 	ARTICLE 2
12.35 	ELECTION ADMINISTRATION

12.36 	Section 1. Minnesota Statutes 2004, section 10A.01,
13.1 	subdivision 5, is amended to read:
13.2 		Subd. 5.Associated business.  "Associated business"
13.3 	means an association, corporation, partnership, limited
13.4 	liability company, limited liability partnership, or other
13.5 	organized legal entity from which the individual receives
13.6 	compensation in excess of $50, except for actual and reasonable
13.7 	expenses, in any month as a director, officer, owner, member,
13.8 	partner, employer or employee, or whose securities the
13.9 	individual holds worth $2,500 or more at fair market value.

13.10 	Sec. 2. Minnesota Statutes 2004, section 10A.01,
13.11 	subdivision 9, is amended to read:
13.12 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
13.13 	"expenditure" means a purchase or payment of money or anything
13.14 	of value, or an advance of credit, made or incurred for the
13.15 	purpose of influencing the nomination or election of a candidate
13.16 	or for the purpose of promoting or defeating a ballot question.
13.17 	"Campaign expenditure" includes payments for attending a
13.18 	state or national convention and payments for funeral gifts or
13.19 	memorials.
13.20 	An expenditure is considered to be made in the year in
13.21 	which the candidate made the purchase of goods or services or
13.22 	incurred an obligation to pay for goods or services.
13.23 	An expenditure made for the purpose of defeating a
13.24 	candidate is considered made for the purpose of influencing the
13.25 	nomination or election of that candidate or any opponent of that
13.26 	candidate.
13.27 	Except as provided in clause (1), "expenditure" includes
13.28 	the dollar value of a donation in kind.
13.29 	"Expenditure" does not include:
13.30 	(1) noncampaign disbursements as defined in subdivision 26;
13.31 	(2) services provided without compensation by an individual
13.32 	volunteering personal time on behalf of a candidate, ballot
13.33 	question, political committee, political fund, principal
13.34 	campaign committee, or party unit; or
13.35 	(3) the publishing or broadcasting of news items or
13.36 	editorial comments by the news media.
13.37 	
EFFECTIVE DATE. This section is effective the day
14.1 	following final enactment.

14.2 	Sec. 3. Minnesota Statutes 2004, section 10A.01, is
14.3 	amended by adding a subdivision to read:
14.4 		Subd. 17c.Immediate family. "Immediate family" means an
14.5 	individual and the individual's spouse, children, parents, and
14.6 	siblings.

14.7 	Sec. 4. Minnesota Statutes 2004, section 10A.025, is
14.8 	amended by adding a subdivision to read:
14.9 		Subd. 1a.Electronic filing. A report or statement
14.10 	required to be filed under this chapter may be filed
14.11 	electronically.  The board shall adopt rules to regulate
14.12 	electronic filing and to ensure that the electronic filing
14.13 	process is secure.

14.14 	Sec. 5. Minnesota Statutes 2004, section 10A.071,
14.15 	subdivision 3, is amended to read:
14.16 		Subd. 3.Exceptions.  (a) The prohibitions in this
14.17 	section do not apply if the gift is:
14.18 	(1) a contribution as defined in section 10A.01,
14.19 	subdivision 11;
14.20 	(2) services to assist an official in the performance of
14.21 	official duties, including but not limited to providing advice,
14.22 	consultation, information, and communication in connection with
14.23 	legislation, and services to constituents;
14.24 	(3) services of insignificant monetary value;
14.25 	(4) a plaque or similar memento recognizing individual
14.26 	services in a field of specialty or to a charitable cause;
14.27 	(5) a trinket or memento of insignificant with an actual
14.28 	market value of $15 or less;
14.29 	(6) informational material of unexceptional value; or 
14.30 	(7) food or a beverage given at a reception, meal, or
14.31 	meeting away from the recipient's place of work by an
14.32 	organization before whom the recipient appears to make a speech
14.33 	or answer questions as part of a program; or 
14.34 	(8) food or a beverage given at a reception held within the
14.35 	seven-county metropolitan area while the legislature is in
14.36 	session and to which all members of the legislature have been
15.1 	invited, and the cost does not exceed $5 for each legislator.
15.2 	(b) The prohibitions in this section do not apply if the
15.3 	gift is given:
15.4 	(1) because of the recipient's membership in a group, a
15.5 	majority of whose members are not officials, and an equivalent
15.6 	gift is given to the other members of the group; or
15.7 	(2) by a lobbyist or principal who is a member of the
15.8 	family of the recipient, unless the gift is given on behalf of
15.9 	someone who is not a member of that family.
15.10 	
EFFECTIVE DATE. This section is effective the day
15.11 	following final enactment.

15.12 	Sec. 6. Minnesota Statutes 2004, section 10A.08, is
15.13 	amended to read:
15.14 	10A.08 REPRESENTATION DISCLOSURE.
15.15 	A public official who represents a client for a fee before
15.16 	an individual, board, commission, or agency that has rulemaking
15.17 	authority in a hearing conducted under chapter 14, must disclose
15.18 	the official's participation in the action to the board within
15.19 	14 days after the appearance.  The board must send a notice by
15.20 	certified mail to any public official who fails to disclose the
15.21 	participation within 14 days after the appearance.  If the
15.22 	public official fails to disclose the participation within ten
15.23 	business days after the notice was sent, the board may impose a
15.24 	late filing fee of $5 per day, not to exceed $100, starting on
15.25 	the 11th day after the notice was sent. The board must send an
15.26 	additional notice by certified mail to a public official who
15.27 	fails to disclose the participation within 14 days after the
15.28 	first notice was sent by the board that the public official may
15.29 	be subject to a civil penalty for failure to disclose the
15.30 	participation.  A public official who fails to disclose the
15.31 	participation within seven days after the second notice was sent
15.32 	by the board is subject to a civil penalty imposed by the board
15.33 	of up to $1,000.

15.34 	Sec. 7. Minnesota Statutes 2004, section 10A.20,
15.35 	subdivision 5, is amended to read:
15.36 		Subd. 5.Preelection reports.  In a statewide election
16.1 	any loan, contribution, or contributions from any one source
16.2 	totaling $2,000 or more, or in any judicial district or
16.3 	legislative election totaling more than $400, received between
16.4 	the last day covered in the last report before an election and
16.5 	the election must be reported to the board in one of the
16.6 	following ways:
16.7 	(1) in person within 48 hours after its receipt;
16.8 	(2) by telegram or mailgram within 48 hours after its
16.9 	receipt; or 
16.10 	(3) by certified mail sent within 48 hours after its
16.11 	receipt; or 
16.12 	(4) by electronic means sent within 48 hours after its
16.13 	receipt.
16.14 	These loans and contributions must also be reported in the
16.15 	next required report.
16.16 	The 48-hour notice requirement does not apply with respect
16.17 	to a primary in which the statewide or legislative candidate is
16.18 	unopposed.

16.19 	Sec. 8. Minnesota Statutes 2004, section 10A.27,
16.20 	subdivision 1, is amended to read:
16.21 		Subdivision 1.Contribution limits.  (a) Except as
16.22 	provided in subdivision 2, a candidate must not permit the
16.23 	candidate's principal campaign committee to accept aggregate
16.24 	contributions made or delivered by any individual, political
16.25 	committee, or political fund in excess of the following:
16.26 	(1) to candidates for governor and lieutenant governor
16.27 	running together, $2,000 in an election year for the office
16.28 	sought and $500 in other years;
16.29 	(2) to a candidate for attorney general, $1,000 in an
16.30 	election year for the office sought and $200 in other years;
16.31 	(3) to a candidate for the office of secretary of state or
16.32 	state auditor, $500 in an election year for the office sought
16.33 	and $100 in other years;
16.34 	(4) to a candidate for state senator, $500 in an election
16.35 	year for the office sought and $100 in other years; and
16.36 	(5) to a candidate for state representative, $500 in an
17.1 	election year for the office sought and $100 in the other year.
17.2 	(b) The following deliveries are not subject to the
17.3 	bundling limitation in this subdivision:
17.4 	(1) delivery of contributions collected by a member of the
17.5 	candidate's principal campaign committee, such as a block worker
17.6 	or a volunteer who hosts a fund-raising event, to the
17.7 	committee's treasurer; and
17.8 	(2) a delivery made by an individual on behalf of the
17.9 	individual's spouse.
17.10 	(c) A lobbyist,political committee, political party unit,
17.11 	or political fund must not make a contribution a candidate is
17.12 	prohibited from accepting.

17.13 	Sec. 9. Minnesota Statutes 2004, section 10A.28,
17.14 	subdivision 2, is amended to read:
17.15 		Subd. 2.Exceeding contribution limits.  A lobbyist,
17.16 	political committee, political fund, political party unit,or
17.17 	principal campaign committee that makes a contribution, or a
17.18 	candidate who permits the candidate's principal campaign
17.19 	committee to accept contributions, in excess of the limits
17.20 	imposed by section 10A.27 is subject to a civil penalty of up to
17.21 	four times the amount by which the contribution exceeded the
17.22 	limits.

17.23 	Sec. 10. Minnesota Statutes 2004, section 10A.31,
17.24 	subdivision 4, is amended to read:
17.25 		Subd. 4.Appropriation.  (a) The amounts designated by
17.26 	individuals for the state elections campaign fund, less three
17.27 	percent, are appropriated from the general fund, must be
17.28 	transferred and credited to the appropriate account in the state
17.29 	elections campaign fund, and are annually appropriated for
17.30 	distribution as set forth in subdivisions 5, 5a, 6, and 7.  The
17.31 	remaining three percent must be kept in the general fund for
17.32 	administrative costs.
17.33 	(b) In addition to the amounts in paragraph (a), $1,500,000
17.34 	for each general election is appropriated from the general fund
17.35 	for transfer to the general account of the state elections
17.36 	campaign fund.
18.1 	Of this appropriation, $65,000 each fiscal year must be set
18.2 	aside to pay assessments made by the Office of Administrative
18.3 	Hearings under section 211B.37for nonfrivolous complaints.
18.4 	Amounts remaining after all assessments have been paid must be
18.5 	canceled to the general account.

18.6 	Sec. 11. Minnesota Statutes 2004, section 203B.04, is
18.7 	amended by adding a subdivision to read:
18.8 		Subd. 6.Ongoing absentee status; termination. (a) An
18.9 	eligible voter may apply to a county auditor or municipal clerk
18.10 	for status as an ongoing absentee voter who reasonably expects
18.11 	to meet the requirements of section 203B.02, subdivision 1.
18.12 	Each applicant must automatically be provided with an absentee
18.13 	ballot application for each ensuing election other than an
18.14 	election by mail conducted under section 204B.45, and must have
18.15 	the status of ongoing absentee voter indicated on the voter's
18.16 	registration record.
18.17 	(b) Ongoing absentee voter status ends on:
18.18 	(1) the voter's written request;
18.19 	(2) the voter's death;
18.20 	(3) return of an ongoing absentee ballot as undeliverable;
18.21 	(4) a change in the voter's status so that the voter is not
18.22 	eligible to vote under section 201.15 or 201.155; or 
18.23 	(5) placement of the voter's registration on inactive
18.24 	status under section 201.171.

18.25 	Sec. 12. Minnesota Statutes 2004, section 204C.24,
18.26 	subdivision 1, is amended to read:
18.27 		Subdivision 1.Information requirements.  Precinct
18.28 	summary statements shall be submitted by the election judges in
18.29 	every precinct.  For state all elections, the election judges
18.30 	shall complete three or more copies of the summary statements,
18.31 	and each copy shall contain the following information for each
18.32 	kind of ballot:
18.33 	(a) the number of votes each candidate received or the
18.34 	number of yes and no votes on each question, the number of
18.35 	undervotes or partially blank ballots, and the number of
18.36 	overvotes or partially defective ballots with respect to each
19.1 	office or question;
19.2 	(b) the number of totally blank ballots, the number of
19.3 	totally defective ballots, the number of spoiled ballots, and
19.4 	the number of unused ballots;
19.5 	(c) the number of individuals who voted at the election in
19.6 	the precinct;
19.7 	(d) the number of voters registering on election day in
19.8 	that precinct; and
19.9 	(e) the signatures of the election judges who counted the
19.10 	ballots certifying that all of the ballots cast were properly
19.11 	piled, checked, and counted; and that the numbers entered by the
19.12 	election judges on the summary statements correctly show the
19.13 	number of votes cast for each candidate and for and against each
19.14 	question.
19.15 	At least two copies of the summary statement must be
19.16 	prepared for elections not held on the same day as the state
19.17 	elections.

19.18 	Sec. 13. Minnesota Statutes 2004, section 204C.50,
19.19 	subdivision 1, is amended to read:
19.20 		Subdivision 1.Selection for review; notice.  (a)
19.21 	Postelection review under this section must be conducted only on
19.22 	the election for president, senator or representative in
19.23 	Congress, constitutional offices, and legislative offices.
19.24 	(b) The Office of the Secretary of State shall, within
19.25 	three days after each state general election beginning in 2006,
19.26 	randomly select 80 precincts for postelection review as defined
19.27 	in this section.  The precincts must be selected so that an
19.28 	equal number of precincts are selected in each congressional
19.29 	district of the state.  Of the precincts in each congressional
19.30 	district, at least five must have had more than 500 votes cast,
19.31 	and at least two must have had fewer than 500 votes cast.  The
19.32 	secretary of state must promptly provide notices of which
19.33 	precincts are chosen to the election administration officials
19.34 	who are responsible for the conduct of elections in those
19.35 	precincts.
19.36 	(b) (c) One week before the state general election
20.1 	beginning in 2006, the secretary of state must post on the
20.2 	office Web site the date, time, and location at which precincts
20.3 	will be randomly chosen for review under this section.  The
20.4 	chair of each major political party may appoint a designee to
20.5 	observe the random selection process.

20.6 	Sec. 14. Minnesota Statutes 2004, section 204D.03,
20.7 	subdivision 1, is amended to read:
20.8 		Subdivision 1.State primary. (a) The state primary
20.9 	shall be held on the first Tuesday after the second Monday in
20.10 	September in each even-numbered year to select the nominees of
20.11 	the major political parties for partisan offices and the
20.12 	nominees for nonpartisan offices to be filled at the state
20.13 	general election, other than presidential electors.
20.14 	(b) If in any municipality or county there are no partisan
20.15 	or nonpartisan offices for which nominees must be selected at
20.16 	the state primary, no state primary shall be held in the
20.17 	municipality or county.  However, no later than 15 days after
20.18 	the close of filings, the municipal clerk or county auditor in
20.19 	such a municipality or county must post a notice in the office
20.20 	and send a copy of the notice to the secretary of state, stating
20.21 	that no primary will be held in the municipality or county
20.22 	because there are no partisan or nonpartisan offices for which
20.23 	nominees must be selected in the municipality or county.

20.24 	Sec. 15. Minnesota Statutes 2004, section 206.57,
20.25 	subdivision 5, is amended to read:
20.26 		Subd. 5.Voting system for disabled voters. In federal
20.27 	and state elections held after December 31, 2005, and in county,
20.28 	municipal, and school district elections held after December 31,
20.29 	2007,the voting method used in each polling place must include
20.30 	a voting system that is accessible for individuals with
20.31 	disabilities, including nonvisual accessibility for the blind
20.32 	and visually impaired in a manner that provides the same
20.33 	opportunity for access and participation, including privacy and
20.34 	independence, as for other voters.

20.35 	Sec. 16. Minnesota Statutes 2004, section 208.03, is
20.36 	amended to read:
21.1 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
21.2 	Presidential electors for the major political parties of
21.3 	this state shall be nominated by delegate conventions called and
21.4 	held under the supervision of the respective state central
21.5 	committees of the parties of this state.  On or before primary
21.6 	election day the chair of the major political party shall
21.7 	certify to the secretary of state the names of the persons
21.8 	nominated as presidential electors, the names of eight alternate
21.9 	presidential electors,and the names of the party candidates for
21.10 	president and vice-president.

21.11 	Sec. 17. Minnesota Statutes 2004, section 208.04,
21.12 	subdivision 1, is amended to read:
21.13 		Subdivision 1.Form of presidential ballots.  When
21.14 	presidential electors and alternates are to be voted for, a vote
21.15 	cast for the party candidates for president and vice-president
21.16 	shall be deemed a vote for that party's electors and alternates 
21.17 	as filed with the secretary of state.  The secretary of state
21.18 	shall certify the names of all duly nominated presidential and
21.19 	vice-presidential candidates to the county auditors of the
21.20 	counties of the state.  Each county auditor, subject to the
21.21 	rules of the secretary of state, shall cause the names of the
21.22 	candidates of each major political party and the candidates
21.23 	nominated by petition to be printed in capital letters, set in
21.24 	type of the same size and style as for candidates on the state
21.25 	white ballot, before the party designation.  To the left of, and
21.26 	on the same line with the names of the candidates for president
21.27 	and vice-president, near the margin, shall be placed a square or
21.28 	box, in which the voters may indicate their choice by marking an
21.29 	"X."
21.30 	The form for the presidential ballot and the relative
21.31 	position of the several candidates shall be determined by the
21.32 	rules applicable to other state officers.  The state ballot,
21.33 	with the required heading, shall be printed on the same piece of
21.34 	paper and shall be below the presidential ballot with a blank
21.35 	space between one inch in width.

21.36 	Sec. 18. Minnesota Statutes 2004, section 208.05, is
22.1 	amended to read:
22.2 	208.05 STATE CANVASSING BOARD.
22.3 	The State Canvassing Board at its meeting on the second
22.4 	Tuesday after each state general election shall open and canvass
22.5 	the returns made to the secretary of state for presidential
22.6 	electors and alternates, prepare a statement of the number of
22.7 	votes cast for the persons receiving votes for these offices,
22.8 	and declare the person or persons receiving the highest number
22.9 	of votes for each office duly elected.  When it appears that
22.10 	more than the number of persons to be elected as presidential
22.11 	electors or alternates have the highest and an equal number of
22.12 	votes, the secretary of state, in the presence of the board
22.13 	shall decide by lot which of the persons shall be declared
22.14 	elected.  The governor shall transmit to each person declared
22.15 	elected a certificate of election, signed by the governor,
22.16 	sealed with the state seal, and countersigned by the secretary
22.17 	of state.

22.18 	Sec. 19. Minnesota Statutes 2004, section 208.06, is
22.19 	amended to read:
22.20 	208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.
22.21 	The presidential electors and alternate presidential
22.22 	electors, before 12:00 M. on the day before that fixed by
22.23 	Congress for the electors to vote for president and
22.24 	vice-president of the United States, shall notify the governor
22.25 	that they are at the State Capitol and ready at the proper time
22.26 	to fulfill their duties as electors.  The governor shall deliver
22.27 	to the electors present a certificate of the names of all the
22.28 	electors.  If any elector named therein fails to appear before
22.29 	9:00 a.m. on the day, and at the place, fixed for voting for
22.30 	president and vice-president of the United States, an alternate,
22.31 	chosen from among the alternates by lot, shall be appointed to
22.32 	act for that elector.  If more than eight alternates are
22.33 	necessary,the electors present shall, in the presence of the
22.34 	governor, immediately elect by ballot a person to fill the
22.35 	vacancy.  If more than the number of persons required have the
22.36 	highest and an equal number of votes, the governor, in the
23.1 	presence of the electors attending, shall decide by lot which of
23.2 	those persons shall be elected.

23.3 	Sec. 20. Minnesota Statutes 2004, section 208.07, is
23.4 	amended to read:
23.5 	208.07 CERTIFICATE OF ELECTORS.
23.6 	Immediately after the vacancies have been filled, the
23.7 	original electors and alternates present shall certify to the
23.8 	governor the names of the persons elected to complete their
23.9 	number, and the governor shall at once cause written notice to
23.10 	be given to each person elected to fill a vacancy.  The persons
23.11 	so chosen shall be presidential electors and shall meet and act
23.12 	with the other electors.

23.13 	Sec. 21. Minnesota Statutes 2004, section 208.08, is
23.14 	amended to read:
23.15 	208.08 ELECTORS TO MEET AT STATE CAPITOL.
23.16 	The original, alternate,and substituted presidential
23.17 	electors, at 12:00 M., shall meet in the executive chamber at
23.18 	the State Capitol and shall perform all the duties imposed upon
23.19 	them as electors by the Constitution and laws of the United
23.20 	States and this state.
23.21 	Each elector, as a condition of having been chosen under
23.22 	the name of the party of a presidential and a vice-presidential
23.23 	candidate, is obligated to vote for those candidates.  The
23.24 	elector shall speak aloud or affirm in a nonverbal manner the
23.25 	name of the candidate for president and for vice-president for
23.26 	whom the elector is voting and then confirm that vote by written
23.27 	public ballot.
23.28 	If an elector fails to cast a ballot for the presidential
23.29 	or vice-presidential candidate of the party under whose name the
23.30 	elector was chosen, the elector's vote or abstention is
23.31 	invalidated and an alternate presidential elector, chosen by lot
23.32 	from among the alternates, shall cast a ballot in the name of
23.33 	the elector for the presidential and vice-presidential candidate
23.34 	of the party under whose name the elector was chosen.  The
23.35 	invalidation of an elector's vote or abstention on the ballot
23.36 	for president or vice-president does not apply if the
24.1 	presidential candidate under whose party's name the elector was
24.2 	chosen has without condition released the elector or has died or
24.3 	become mentally disabled.  The invalidation of an elector's vote
24.4 	or abstention on the ballot for vice-president does not apply if
24.5 	the vice-presidential candidate under whose party's name the
24.6 	elector was chosen has released without condition the elector or
24.7 	has died or become mentally disabled.

24.8 	Sec. 22. Minnesota Statutes 2004, section 211B.13,
24.9 	subdivision 1, is amended to read:
24.10 		Subdivision 1.Bribery, advancing money, and treating
24.11 	prohibited.  A person who willfully, directly or indirectly,
24.12 	advances, pays, gives, promises, or lends any money, food,
24.13 	liquor, clothing, entertainment, or other thing of monetary
24.14 	value, or who offers, promises, or endeavors to obtain any
24.15 	money, position, appointment, employment, or other valuable
24.16 	consideration, to or for a person, in order to induce a voter to
24.17 	refrain from voting, or to vote in a particular way, at an
24.18 	election, is guilty of a felony.  This section does not prevent
24.19 	a candidate from stating publicly preference for or support of
24.20 	another candidate to be voted for at the same primary or
24.21 	election.  Refreshments of food or and nonalcoholic beverages of
24.22 	nominal value consumed on the premises at a private gathering or
24.23 	public meeting or distributed at a public parade are not
24.24 	prohibited under this section.

24.25 	Sec. 23. Minnesota Statutes 2004, section 471.895,
24.26 	subdivision 3, is amended to read:
24.27 		Subd. 3.Exceptions.  (a) The prohibitions in this
24.28 	section do not apply if the gift is:
24.29 	(1) a contribution as defined in section 211A.01,
24.30 	subdivision 5;
24.31 	(2) services to assist an official in the performance of
24.32 	official duties, including but not limited to providing advice,
24.33 	consultation, information, and communication in connection with
24.34 	legislation, and services to constituents;
24.35 	(3) services of insignificant monetary value;
24.36 	(4) a plaque or similar memento recognizing individual
25.1 	services in a field of specialty or to a charitable cause;
25.2 	(5) a trinket or memento of insignificant with an actual
25.3 	market value of $5 or less;
25.4 	(6) informational material of unexceptional value; or
25.5 	(7) food or a beverage given at a reception, meal, or
25.6 	meeting away from the recipient's place of work by an
25.7 	organization before whom the recipient appears to make a speech
25.8 	or answer questions as part of a program.
25.9 	(b) The prohibitions in this section do not apply if the
25.10 	gift is given:
25.11 	(1) because of the recipient's membership in a group, a
25.12 	majority of whose members are not local officials, and an
25.13 	equivalent gift is given or offered to the other members of the
25.14 	group;
25.15 	(2) by an interested person who is a member of the family
25.16 	of the recipient, unless the gift is given on behalf of someone
25.17 	who is not a member of that family; or
25.18 	(3) by a national or multistate organization of
25.19 	governmental organizations or public officials, if a majority of
25.20 	the dues to the organization are paid from public funds, to
25.21 	attendees at a conference sponsored by that organization, if the
25.22 	gift is food or a beverage given at a reception or meal and an
25.23 	equivalent gift is given or offered to all other attendees.
25.24 	
EFFECTIVE DATE. This section is effective the day
25.25 	following final enactment.

25.26 	Sec. 24. REPEALER.
 25.27 	Minnesota Statutes 2004, section 204C.50, subdivision 7, is
25.28 	repealed.
25.29 	Minnesota Rules, parts 4501.0300, subparts 1 and 4;
25.30 	4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
25.31 	4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
25.32 	9; and 4503.0800, subpart 1, are repealed.

25.33 	ARTICLE 3
25.34 	ELECTION PROCEDURES

25.35 	Section 1. Minnesota Statutes 2004, section 3.02, is
25.36 	amended to read:
26.1 	3.02 EVIDENCE OF MEMBERSHIP.
26.2 	For all purposes of organization of either house of the
26.3 	legislature, a certificate of election to it, duly executed by
26.4 	the secretary of state, is prima facie evidence of the right to
26.5 	membership of the person named in it. The secretary of state
26.6 	shall issue the certificate of election in duplicate and shall
26.7 	file and retain one copy for the official records of the state
26.8 	and present one copy to each legislator.

26.9 	Sec. 2. Minnesota Statutes 2004, section 200.02,
26.10 	subdivision 7, is amended to read:
26.11 		Subd. 7.Major political party.  (a) "Major political
26.12 	party" means a political party that maintains a party
26.13 	organization in the state, political division or precinct in
26.14 	question and that has presented at least one candidate for
26.15 	election to the office of:
26.16 	(1) governor and lieutenant governor, secretary of state,
26.17 	state auditor, or attorney general at the last preceding state
26.18 	general election for those offices; or
26.19 	(2) presidential elector or U.S. senator at the last
26.20 	preceding state general election for presidential electors; and
26.21 	whose candidate received votes in each county in that
26.22 	election and received votes from not less than five percent of
26.23 	the total number of individuals who voted in that election.
26.24 	(b) "Major political party" also means a political party
26.25 	that maintains a party organization in the state, political
26.26 	subdivision, or precinct in question and whose members present
26.27 	to the secretary of state at any time before the close of filing
26.28 	for the state partisan primary ballot a petition for a place on
26.29 	the state partisan primary ballot, which petition contains
26.30 	signatures of a number of the party members equal to at least
26.31 	five percent of the total number of individuals who voted in the
26.32 	preceding state general election.
26.33 	(c) A political party whose candidate receives a sufficient
26.34 	number of votes at a state general election described in
26.35 	paragraph (a) becomes a major political party as of January 1
26.36 	following that election and retains its major party status
27.1 	notwithstanding that for at least two state general elections
27.2 	even if the party fails to present a candidate who receives the
27.3 	number and percentage of votes required under paragraph (a)
27.4 	at the following subsequent state general election elections.
27.5 	(d) A major political party whose candidates fail to
27.6 	receive the number and percentage of votes required under
27.7 	paragraph (a) at either each of two consecutive state general
27.8 	election elections described by paragraph (a) loses major party
27.9 	status as of December 31 following the most recent later of the
27.10 	two consecutive state general election elections.

27.11 	Sec. 3. Minnesota Statutes 2004, section 200.02,
27.12 	subdivision 23, is amended to read:
27.13 		Subd. 23.Minor political party.  (a) "Minor political
27.14 	party" means a political party that is not a major political
27.15 	party as defined by subdivision 7 and that has adopted a state
27.16 	constitution, designated a state party chair, held a state
27.17 	convention in the last two years, filed with the secretary of
27.18 	state no later than December 31 following the most recent state
27.19 	general election a certification that the party has met the
27.20 	foregoing requirements, and met the requirements of paragraph
27.21 	(b) or (e), as applicable.
27.22 	(b) To be considered a minor party in all elections
27.23 	statewide, the political party must have presented at least one
27.24 	candidate for election to the office of:
27.25 	(1) governor and lieutenant governor, secretary of state,
27.26 	state auditor, or attorney general, at the last preceding state
27.27 	general election for those offices; or
27.28 	(2) presidential elector or U.S. senator at the preceding
27.29 	state general election for presidential electors; and
27.30 	who received votes in each county that in the aggregate equal at
27.31 	least one percent of the total number of individuals who voted
27.32 	in the election, or its members must have presented to the
27.33 	secretary of state at any time before the close of filing for
27.34 	the state partisan primary ballot a nominating petition in a
27.35 	form prescribed by the secretary of state containing the
27.36 	signatures of party members in a number equal to at least one
28.1 	percent of the total number of individuals who voted in the
28.2 	preceding state general election.
28.3 	(c) A political party whose candidate receives a sufficient
28.4 	number of votes at a state general election described in
28.5 	paragraph (b) becomes a minor political party as of January 1
28.6 	following that election and retains its minor party status
28.7 	notwithstanding that for at least two state general elections
28.8 	even if the party fails to present a candidate who receives the
28.9 	number and percentage of votes required under paragraph (b)
28.10 	at the following subsequent state general election elections.
28.11 	(d) A minor political party whose candidates fail to
28.12 	receive the number and percentage of votes required under
28.13 	paragraph (b) at either each of two consecutive state general
28.14 	election elections described by paragraph (b) loses minor party
28.15 	status as of December 31 following the most recent later of the
28.16 	two consecutive state general election elections.
28.17 	(e) To be considered a minor party in an election in a
28.18 	legislative district, the political party must have presented at
28.19 	least one candidate for a legislative office in that district
28.20 	who received votes from at least ten percent of the total number
28.21 	of individuals who voted for that office, or its members must
28.22 	have presented to the secretary of state a nominating petition
28.23 	in a form prescribed by the secretary of state containing the
28.24 	signatures of party members in a number equal to at least ten
28.25 	percent of the total number of individuals who voted in the
28.26 	preceding state general election for that legislative office.

28.27 	Sec. 4. Minnesota Statutes 2004, section 200.02, is
28.28 	amended by adding a subdivision to read:
28.29 		Subd. 24.Metropolitan area. "Metropolitan area" means
28.30 	the counties of Ramsey, Hennepin, Anoka, Washington, Dakota,
28.31 	Scott, Carver, Wright, Sherburne, Isanti, and Chisago.

28.32 	Sec. 5. Minnesota Statutes 2004, section 201.061,
28.33 	subdivision 3, is amended to read:
28.34 		Subd. 3.Election day registration.  An individual who is
28.35 	eligible to vote may register on election day by appearing in
28.36 	person at the polling place for the precinct in which the
29.1 	individual maintains residence, by completing a registration
29.2 	application, making an oath in the form prescribed by the
29.3 	secretary of state and providing proof of residence.  An
29.4 	individual may prove residence for purposes of registering by:
29.5 	(1) presenting a driver's license or Minnesota
29.6 	identification card issued pursuant to section 171.07;
29.7 	(2) presenting any document approved by the secretary of
29.8 	state as proper identification;
29.9 	(3) presenting one of the following:
29.10 	(i) a current valid student identification card from a
29.11 	postsecondary educational institution in Minnesota, if a list of
29.12 	students from that institution has been prepared under section
29.13 	135A.17 and certified to the county auditor in the manner
29.14 	provided in rules of the secretary of state; or
29.15 	(ii) a current student fee statement that contains the
29.16 	student's valid address in the precinct together with a picture
29.17 	identification card; or
29.18 	(4) having a voter who is registered to vote in the
29.19 	precinct sign an oath in the presence of the election judge
29.20 	vouching that the voter personally knows that the individual is
29.21 	a resident of the precinct.  A voter who has been vouched for on
29.22 	election day may not sign a proof of residence oath vouching for
29.23 	any other individual on that election day.
29.24 	For tribal band members living on an Indian reservation, an
29.25 	individual may prove residence for purposes of registering by
29.26 	presenting an identification card issued by the tribal
29.27 	government of a tribe recognized by the Bureau of Indian
29.28 	Affairs, United States Department of the Interior, that contains
29.29 	the name, street address, signature, and picture of the
29.30 	individual. The county auditor of each county having territory
29.31 	within the reservation shall maintain a record of the number of
29.32 	election day registrations accepted under this section.
29.33 	A county, school district, or municipality may require that
29.34 	an election judge responsible for election day registration
29.35 	initial each completed registration application.

29.36 	Sec. 6. Minnesota Statutes 2004, section 201.071,
30.1 	subdivision 1, is amended to read:
30.2 		Subdivision 1.Form.  A voter registration application
30.3 	must be of suitable size and weight for mailing and contain
30.4 	spaces for the following required information:  voter's first
30.5 	name, middle name, and last name; voter's previous name, if any;
30.6 	voter's current address; voter's previous address, if any;
30.7 	voter's date of birth; voter's municipality and county of
30.8 	residence; voter's telephone number, if provided by the voter;
30.9 	date of registration; current and valid Minnesota driver's
30.10 	license number or Minnesota state identification number, or if
30.11 	the voter has no current and valid Minnesota driver's license or
30.12 	Minnesota state identification, the last four digits of the
30.13 	voter's Social Security number; and voter's signature.  The
30.14 	registration application may include the voter's e-mail address,
30.15 	if provided by the voter, and the voter's interest in serving as
30.16 	an election judge, if indicated by the voter.  The application
30.17 	must also contain the following certification of voter
30.18 	eligibility:
30.19 	"I certify that I:
30.20 	(1) will be at least 18 years old on election day;
30.21 	(2) am a citizen of the United States;
30.22 	(3) will have resided in Minnesota for 20 days immediately
30.23 	preceding election day;
30.24 	(4) maintain residence at the address given on the
30.25 	registration form;
30.26 	(5) am not under court-ordered guardianship of the person
30.27 	where I have not retained the right to vote;
30.28 	(6) have not been found by a court to be legally
30.29 	incompetent to vote;
30.30 	(7) have not been convicted of a felony without having my
30.31 	civil rights restored; and
30.32 	(8) have read and understand the following statement:  that
30.33 	giving false information is a felony punishable by not more than
30.34 	five years imprisonment or a fine of not more than $10,000, or
30.35 	both."
30.36 	The certification must include boxes for the voter to
31.1 	respond to the following questions:
31.2 	"(1) Are you a citizen of the United States?" and
31.3 	"(2) Will you be 18 years old on or before election day?"
31.4 	And the instruction:
31.5 	"If you checked 'no' to either of these questions, do not
31.6 	complete this form."
31.7 	The form of the voter registration application and the
31.8 	certification of voter eligibility must be as provided in this
31.9 	subdivision and approved by the secretary of state.  Voter
31.10 	registration forms authorized by the National Voter Registration
31.11 	Act may must also be accepted as valid. The federal postcard
31.12 	application form must also be accepted as valid if it is not
31.13 	deficient and the voter is eligible to register in Minnesota.
31.14 	An individual may use a voter registration application to
31.15 	apply to register to vote in Minnesota or to change information
31.16 	on an existing registration.

31.17 	Sec. 7. Minnesota Statutes 2004, section 201.091,
31.18 	subdivision 5, is amended to read:
31.19 		Subd. 5.Copy of list to registered voter.  The county
31.20 	auditors and the secretary of state shall provide copies of the
31.21 	public information lists in electronic or other media to any
31.22 	voter registered in Minnesota within ten days of receiving a
31.23 	written or electronic request accompanied by payment of the cost
31.24 	of reproduction.  The county auditors and the secretary of state
31.25 	shall make a copy of the list available for public inspection
31.26 	without cost.  An individual who inspects or acquires a copy of
31.27 	a public information list may not use any information contained
31.28 	in it for purposes unrelated to elections, political activities,
31.29 	or law enforcement.

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

31.36 	Sec. 9. Minnesota Statutes 2004, section 203B.02,
32.1 	subdivision 1, is amended to read:
32.2 		Subdivision 1.unable to go to absence from polling
32.3 	place. (a) Any eligible voter who reasonably expects to be
32.4 	unable to go to absent from the polling place on election day in
32.5 	the precinct where the individual maintains residence because of
32.6 	absence from the precinct, illness, disability, religious
32.7 	discipline, observance of a religious holiday, or service as an
32.8 	election judge in another precinct may vote by absentee ballot 
32.9 	in person at any location where absentee ballots may be cast
32.10 	pursuant to sections 203B.081 and 203B.085, during the 18 days
32.11 	preceding any election.  This subdivision does not apply to a
32.12 	special election to fill a vacancy in office pursuant to
32.13 	sections 204D.17 to 204D.27 not held concurrently with a state
32.14 	primary or general election as provided in sections 203B.04 to
32.15 	203B.15.
32.16 	(b) Any eligible voter who reasonably expects to be unable
32.17 	to go to the polling place on election day in the precinct where
32.18 	the individual maintains residence because of absence from the
32.19 	precinct, illness, disability, religious discipline, observance
32.20 	of a religious holiday, or service as an election judge in
32.21 	another precinct may vote by absentee ballot as provided in
32.22 	sections 203B.04 to 203B.15.

32.23 	Sec. 10. Minnesota Statutes 2004, section 203B.04,
32.24 	subdivision 1, is amended to read:
32.25 		Subdivision 1.Application procedures.  Except as
32.26 	otherwise allowed by subdivision 2, an application for absentee
32.27 	ballots for any election may be submitted at any time not less
32.28 	than one day before the day of that election.  The county
32.29 	auditor shall prepare absentee ballot application forms in the
32.30 	format provided in the rules of by the secretary of state,
32.31 	notwithstanding rules on absentee ballot forms,and shall
32.32 	furnish them to any person on request. By January 1 of each
32.33 	even-numbered year, the secretary of state shall make the forms
32.34 	to be used available to auditors through electronic means.An
32.35 	application submitted pursuant to this subdivision shall be in
32.36 	writing and shall be submitted to:
33.1 	(a) the county auditor of the county where the applicant
33.2 	maintains residence; or
33.3 	(b) the municipal clerk of the municipality, or school
33.4 	district if applicable, where the applicant maintains residence.
33.5 	An application shall be approved if it is timely received,
33.6 	signed and dated by the applicant, contains the applicant's name
33.7 	and residence and mailing addresses, and states that the
33.8 	applicant is eligible to vote by absentee ballot for one of the
33.9 	reasons specified in section 203B.02.  The application may
33.10 	contain a request for the voter's date of birth, which must not
33.11 	be made available for public inspection.  An application may be
33.12 	submitted to the county auditor or municipal clerk by an
33.13 	electronic facsimile device.  An application mailed or returned
33.14 	in person to the county auditor or municipal clerk on behalf of
33.15 	a voter by a person other than the voter must be deposited in
33.16 	the mail or returned in person to the county auditor or
33.17 	municipal clerk within ten days after it has been dated by the
33.18 	voter and no later than six days before the election.  The
33.19 	absentee ballot applications or a list of persons applying for
33.20 	an absentee ballot may not be made available for public
33.21 	inspection until the close of voting on election day.
33.22 	An application under this subdivision may contain an
33.23 	application under subdivision 5 to automatically receive an
33.24 	absentee ballot application.

33.25 	Sec. 11. Minnesota Statutes 2004, section 203B.04,
33.26 	subdivision 4, is amended to read:
33.27 		Subd. 4.Registration at time of application.  An
33.28 	eligible voter who is not registered to vote but who is
33.29 	otherwise eligible to vote by absentee ballot may register by
33.30 	including a completed voter registration card with the absentee
33.31 	ballot.  The individual shall present proof of residence as
33.32 	required by section 201.061, subdivision 3, to the individual
33.33 	who witnesses the marking of the absentee ballots. A military
33.34 	voter, as defined in section 203B.01, may register in this
33.35 	manner if voting pursuant to sections 203B.04 to 203B.15, or may
33.36 	register pursuant to sections 203B.16 to 203B.27.

34.1 	Sec. 12. Minnesota Statutes 2004, section 203B.07,
34.2 	subdivision 2, is amended to read:
34.3 		Subd. 2.Design of envelopes.  The return envelope shall
34.4 	be of sufficient size to conveniently enclose and contain the
34.5 	ballot envelope and a voter registration card folded along its
34.6 	perforations.  The return envelope shall be designed to open on
34.7 	the left-hand end and, notwithstanding any rule to the contrary,
34.8 	the design must provide an additional flap that when sealed,
34.9 	conceals the signature, identification, and other information.
34.10 	Election officials may open the flap at any time after receiving
34.11 	the returned ballot to inspect the returned certificate for
34.12 	completeness or to ascertain other information.  A certificate
34.13 	of eligibility to vote by absentee ballot shall be printed on
34.14 	the right hand three-fourths of the back of the envelope.  The
34.15 	certificate shall contain a statement to be signed and sworn by
34.16 	the voter indicating that the voter meets all of the
34.17 	requirements established by law for voting by absentee ballot.
34.18 	The certificate shall also contain a statement signed by a
34.19 	person who is registered to vote in Minnesota or by a notary
34.20 	public or other individual authorized to administer oaths
34.21 	stating that:
34.22 	(a) the ballots were displayed to that individual unmarked;
34.23 	(b) the voter marked the ballots in that individual's
34.24 	presence without showing how they were marked, or, if the voter
34.25 	was physically unable to mark them, that the voter directed
34.26 	another individual to mark them; and
34.27 	(c) if the voter was not previously registered, the voter
34.28 	has provided proof of residence as required by section 201.061,
34.29 	subdivision 3.
34.30 	The county auditor or municipal clerk shall affix first
34.31 	class postage to the return envelopes.

34.32 	Sec. 13. Minnesota Statutes 2004, section 203B.11,
34.33 	subdivision 1, is amended to read:
34.34 		Subdivision 1.Generally.  Each full-time municipal clerk
34.35 	or school district clerk who has authority under section 203B.05
34.36 	to administer absentee voting laws shall designate election
35.1 	judges to deliver absentee ballots in accordance with this
35.2 	section.  The county auditor may must also designate election
35.3 	judges to perform the duties in this section.  A ballot may be
35.4 	delivered only to an eligible voter who is a temporary or
35.5 	permanent resident or patient in a health care facility or
35.6 	hospital located in the municipality in which the voter
35.7 	maintains residence.  The ballots shall be delivered by two
35.8 	election judges, each of whom is affiliated with a different
35.9 	major political party.  When the election judges deliver or
35.10 	return ballots as provided in this section, they shall travel
35.11 	together in the same vehicle.  Both election judges shall be
35.12 	present when an applicant completes the certificate of
35.13 	eligibility and marks the absentee ballots, and may assist an
35.14 	applicant as provided in section 204C.15.  The election judges
35.15 	shall deposit the return envelopes containing the marked
35.16 	absentee ballots in a sealed container and return them to the
35.17 	clerk on the same day that they are delivered and marked.

35.18 	Sec. 14. Minnesota Statutes 2004, section 203B.12,
35.19 	subdivision 2, is amended to read:
35.20 		Subd. 2.Examination of return envelopes.  Two or more
35.21 	election judges shall examine each return envelope and shall
35.22 	mark it accepted or rejected in the manner provided in this
35.23 	subdivision.  If a ballot has been prepared under section
35.24 	204B.12, subdivision 2a, or 204B.41, the election judges shall
35.25 	not begin removing ballot envelopes from the return envelopes
35.26 	until 8:00 p.m. on election day, either in the polling place or
35.27 	at an absentee ballot board established under section 203B.13.
35.28 	The election judges shall mark the return envelope
35.29 	"Accepted" and initial or sign the return envelope below the
35.30 	word "Accepted" if the election judges or a majority of them are
35.31 	satisfied that:
35.32 	(1) the voter's name and address on the return envelope are
35.33 	the same as the information provided on the absentee ballot
35.34 	application;
35.35 	(2) the voter's signature on the return envelope is the
35.36 	genuine signature of the individual who made the application for
36.1 	ballots and the certificate has been completed as prescribed in
36.2 	the directions for casting an absentee ballot, except that if a
36.3 	person other than the voter applied for the absentee ballot
36.4 	under applicable Minnesota Rules, the signature is not required
36.5 	to match;
36.6 	(3) the voter is registered and eligible to vote in the
36.7 	precinct or has included a properly completed voter registration
36.8 	application in the return envelope; and
36.9 	(4) the voter has not already voted at that election,
36.10 	either in person or by absentee ballot.
36.11 	There is no other reason for rejecting an absentee ballot.
36.12 	In particular, failure to place the envelope within the security
36.13 	envelope before placing it in the outer white envelope is not a
36.14 	reason to reject an absentee ballot.
36.15 	The return envelope from accepted ballots must be preserved
36.16 	and returned to the county auditor.
36.17 	If all or a majority of the election judges examining
36.18 	return envelopes find that an absent voter has failed to meet
36.19 	one of the requirements prescribed in clauses (1) to (4), they
36.20 	shall mark the return envelope "Rejected," initial or sign it
36.21 	below the word "Rejected," and return it to the county auditor.

36.22 	Sec. 15. Minnesota Statutes 2004, section 203B.20, is
36.23 	amended to read:
36.24 	203B.20 CHALLENGES.
36.25 	Except as provided in this section, the eligibility or
36.26 	residence of a voter whose application for absentee ballots is
36.27 	recorded under section 203B.19 may be challenged in the manner
36.28 	set forth by section 201.195.  The county auditor or municipal
36.29 	clerk shall not be required to serve a copy of the petition and
36.30 	notice of hearing on the challenged voter, unless the absentee
36.31 	ballot application was submitted on behalf of a voter by an
36.32 	individual authorized under section 203B.17, subdivision 1,
36.33 	paragraph (a), in which case the county auditor must attempt to
36.34 	notify the individual who submitted the application of the
36.35 	challenge.  The county auditor may contact other registered
36.36 	voters to request information that may resolve any discrepancies
37.1 	appearing in the application.  All reasonable doubt shall be
37.2 	resolved in favor of the validity of the application.  If the
37.3 	voter's challenge is affirmed, the county auditor shall provide
37.4 	the challenged voter with a copy of the petition and the
37.5 	decision and shall inform the voter of the right to appeal as
37.6 	provided in section 201.195.

37.7 	Sec. 16. Minnesota Statutes 2004, section 203B.21,
37.8 	subdivision 1, is amended to read:
37.9 		Subdivision 1.Form.  Absentee ballots under sections
37.10 	203B.16 to 203B.27 shall conform to the requirements of the
37.11 	Minnesota Election Law, except that modifications in the size or
37.12 	form of ballots or envelopes may be made if necessary to satisfy
37.13 	the requirements of the United States Postal Service, and the
37.14 	design must provide an additional flap that when sealed,
37.15 	conceals the signature, identification, and other information.
37.16 	The flap must be perforated to permit election officials to
37.17 	inspect the returned certificate for completeness or to
37.18 	ascertain other information at any time after receiving the
37.19 	returned ballot without opening the return envelope.

37.20 	Sec. 17. Minnesota Statutes 2004, section 203B.21,
37.21 	subdivision 3, is amended to read:
37.22 		Subd. 3.Back of return envelope.  On the back of the
37.23 	return envelope an affidavit form shall appear with space for:
37.24 	(a) The voter's address of present or former residence in
37.25 	Minnesota;
37.26 	(b) A statement indicating the category described in
37.27 	section 203B.16 to which the voter belongs;
37.28 	(c) A statement that the voter has not cast and will not
37.29 	cast another absentee ballot in the same election or elections;
37.30 	(d) A statement that the voter personally marked the
37.31 	ballots without showing them to anyone, or if physically unable
37.32 	to mark them, that the voter directed another individual to mark
37.33 	them; and
37.34 	(e) The voter's military identification card number,
37.35 	passport number, or, if the voter does not have a valid passport
37.36 	or identification card, the signature and certification of an
38.1 	individual authorized to administer oaths under federal law or
38.2 	the law of the place where the oath was administered or a 
38.3 	commissioned or noncommissioned officer personnel of the
38.4 	military not below the rank of sergeant or its equivalent.
38.5 	The affidavit shall also contain a signed and dated oath in
38.6 	the form required by section 705 of the Help America Vote Act,
38.7 	Public Law 107-252, which must read:
38.8 	"I swear or affirm, under penalty of perjury, that:
38.9 	I am a member of the uniformed services or merchant marine
38.10 	on active duty or an eligible spouse or dependent of such a
38.11 	member; a United States citizen temporarily residing outside the
38.12 	United States; or other United States citizen residing outside
38.13 	the United States; and I am a United States citizen, at least 18
38.14 	years of age (or will be by the date of the election), and I am
38.15 	eligible to vote in the requested jurisdiction; I have not been
38.16 	convicted of a felony, or other disqualifying offense, or been
38.17 	adjudicated mentally incompetent, or, if so, my voting rights
38.18 	have been reinstated; and I am not registering, requesting a
38.19 	ballot, or voting in any other jurisdiction in the United States
38.20 	except the jurisdiction cited in this voting form.  In voting, I
38.21 	have marked and sealed my ballot in private and have not allowed
38.22 	any person to observe the marking of the ballot, except for
38.23 	those authorized to assist voters under state or federal law.  I
38.24 	have not been influenced.
38.25 	My signature and date below indicate when I completed this
38.26 	document.
38.27 	The information on this form is true, accurate, and
38.28 	complete to the best of my knowledge.  I understand that a
38.29 	material misstatement of fact in completion of this document may
38.30 	constitute grounds for a conviction for perjury." 

38.31 	Sec. 18. Minnesota Statutes 2004, section 203B.24,
38.32 	subdivision 1, is amended to read:
38.33 		Subdivision 1.Check of voter eligibility; proper
38.34 	execution of affidavit.  Upon receipt of an absentee ballot
38.35 	returned as provided in sections 203B.16 to 203B.27, the
38.36 	election judges shall compare the voter's name with the names
39.1 	appearing on their copy of the application records to insure
39.2 	that the ballot is from a voter eligible to cast an absentee
39.3 	ballot under sections 203B.16 to 203B.27. Any discrepancy or
39.4 	disqualifying fact shall be noted on the envelope by the
39.5 	election judges.The election judges shall mark the return
39.6 	envelope "Accepted" and initial or sign the return envelope
39.7 	below the word "Accepted" if the election judges are satisfied
39.8 	that:
39.9 	(1) the voter's name on the return envelope appears in
39.10 	substantially the same form as on the application records
39.11 	provided to the election judges by the county auditor;
39.12 	(2) the voter has signed the federal oath prescribed
39.13 	pursuant to section 705(b)(2) of the Help America Vote Act,
39.14 	Public Law 107-252;
39.15 	(3) the voter has set forth the voter's military
39.16 	identification number or passport number or, if those numbers do
39.17 	not appear, a person authorized to administer oaths under
39.18 	federal law or the law of the place where the oath was
39.19 	administered or a witness who is military personnel with a rank
39.20 	at or above the rank of sergeant or its equivalent has signed
39.21 	the ballot; and 
39.22 	(4) the voter has not already voted at that election,
39.23 	either in person or by absentee ballot.
39.24 	An absentee ballot cast pursuant to sections 203B.16 to
39.25 	203B.27 may only be rejected for failing to comply with one of
39.26 	the requirements of clauses (1) to (4).  In particular, failure
39.27 	to place the envelope within the security envelope before
39.28 	placing it in the outer white envelope is not a reason to reject
39.29 	an absentee ballot.
39.30 	Election judges must note the reason for rejection on the
39.31 	back of the envelope in the space provided for that purpose.
39.32 	Failure to return unused ballots shall not invalidate a
39.33 	marked ballot, but a ballot shall not be counted if the
39.34 	affidavit on the return envelope is not properly executed.  In
39.35 	all other respects the provisions of the Minnesota Election Law
39.36 	governing deposit and counting of ballots shall apply.

40.1 	Sec. 19. Minnesota Statutes 2004, section 204B.10,
40.2 	subdivision 6, is amended to read:
40.3 		Subd. 6.Ineligible voter.  Upon receipt of a certified
40.4 	copy of a final judgment or order of a court of competent
40.5 	jurisdiction that a person who has filed an affidavit of
40.6 	candidacy or who has been nominated by petition:
40.7 	(1) has been convicted of treason or a felony and the
40.8 	person's civil rights have not been restored;
40.9 	(2) is under guardianship of the person; or
40.10 	(3) has been found by a court of law to be legally
40.11 	incompetent;
40.12 	the filing officer shall notify the person by certified mail at
40.13 	the address shown on the affidavit or petition, and, for offices
40.14 	other than president of the United States, vice-president of the
40.15 	United States, and United States senator or representative in
40.16 	Congress,shall not certify the person's name to be placed on
40.17 	the ballot.  The actions of a filing officer under this
40.18 	subdivision are subject to judicial review under section 204B.44.

40.19 	Sec. 20. Minnesota Statutes 2004, section 204B.14,
40.20 	subdivision 2, is amended to read:
40.21 		Subd. 2.Separate precincts; combined polling place.  (a)
40.22 	The following shall constitute at least one election precinct:
40.23 	(1) each city ward; and
40.24 	(2) each town and each statutory city.
40.25 	(b) A single, accessible, combined polling place may be
40.26 	established no later than June 1 of any year:
40.27 	(1) for any city of the third or fourth class, any town, or
40.28 	any city having territory in more than one county, in which all
40.29 	the voters of the city or town shall cast their ballots;
40.30 	(2) for two contiguous precincts in the same municipality
40.31 	that have a combined total of fewer than 500 registered voters;
40.32 	or
40.33 	(3) for up to four contiguous municipalities located
40.34 	entirely outside the metropolitan area, as defined by section
40.35 	473.121, subdivision 2 200.02, subdivision 24, that are
40.36 	contained in the same county.
41.1 	A copy of the ordinance or resolution establishing a
41.2 	combined polling place must be filed with the county auditor
41.3 	within 30 days after approval by the governing body.  A polling
41.4 	place combined under clause (3) must be approved by the
41.5 	governing body of each participating municipality.  A
41.6 	municipality withdrawing from participation in a combined
41.7 	polling place must do so by filing a resolution of withdrawal
41.8 	with the county auditor no later than May 1 of any year.
41.9 	The secretary of state shall provide a separate polling
41.10 	place roster for each precinct served by the combined polling
41.11 	place.  A single set of election judges may be appointed to
41.12 	serve at a combined polling place.  The number of election
41.13 	judges required must be based on the total number of persons
41.14 	voting at the last similar election in all precincts to be
41.15 	voting at the combined polling place.  Separate ballot boxes
41.16 	must be provided for the ballots from each precinct.  The
41.17 	results of the election must be reported separately for each
41.18 	precinct served by the combined polling place, except in a
41.19 	polling place established under clause (2) where one of the
41.20 	precincts has fewer than ten registered voters, in which case
41.21 	the results of that precinct must be reported in the manner
41.22 	specified by the secretary of state.

41.23 	Sec. 21. Minnesota Statutes 2004, section 204B.16,
41.24 	subdivision 1, is amended to read:
41.25 		Subdivision 1.Authority; location. (a) The governing
41.26 	body of each municipality and of each county with precincts in
41.27 	unorganized territory shall designate by ordinance or resolution
41.28 	a polling place for each election precinct.  Polling places must
41.29 	be designated and ballots must be distributed so that no one is
41.30 	required to go to more than one polling place to vote in a
41.31 	school district and municipal election held on the same day.
41.32 	The polling place for a precinct in a city or in a school
41.33 	district located in whole or in part in the metropolitan area
41.34 	defined by section 473.121 200.02, subdivision 24,shall be
41.35 	located within the boundaries of the precinct or within 3,000
41.36 	feet of one of those boundaries unless a single polling place is
42.1 	designated for a city pursuant to section 204B.14, subdivision
42.2 	2, or a school district pursuant to section 205A.11.  The
42.3 	polling place for a precinct in unorganized territory may be
42.4 	located outside the precinct at a place which is convenient to
42.5 	the voters of the precinct.  If no suitable place is available
42.6 	within a town or within a school district located outside the
42.7 	metropolitan area defined by section 473.121 200.02, subdivision
42.8 	24, then the polling place for a town or school district may be
42.9 	located outside the town or school district within five miles of
42.10 	one of the boundaries of the town or school district.
42.11 	(b) Each polling place serving precincts in which, in
42.12 	aggregate, there were more than 100 voters in the most recent
42.13 	similar election, must be to the extent the governing body
42.14 	determines practicable, at least 750 square feet, with an
42.15 	additional 60 square feet for each 150 voters in excess of 400
42.16 	that voted in the most recent similar election.

42.17 	Sec. 22. Minnesota Statutes 2004, section 204B.16,
42.18 	subdivision 5, is amended to read:
42.19 		Subd. 5.Access by elderly and handicapped persons with
42.20 	disabilities.  Each polling place shall be accessible to and
42.21 	usable by elderly individuals and physically handicapped 
42.22 	individuals with disabilities.  A polling place is deemed to be
42.23 	accessible and usable if it complies with the standards in
42.24 	paragraphs (a) to (f).
42.25 	(a) At least one set of doors must have a minimum width of
42.26 	31 32 inches if the doors must be used to enter or leave the
42.27 	polling place.
42.28 	(b) Any curb adjacent to the main entrance to a polling
42.29 	place must have curb cuts or temporary ramps.  Where the main
42.30 	entrance is not the accessible entrance, any curb adjacent to
42.31 	the accessible entrance must also have curb cuts or temporary
42.32 	ramps.
42.33 	(c) Where the main entrance is not the accessible entrance,
42.34 	a sign shall be posted at the main entrance giving directions to
42.35 	the accessible entrance.
42.36 	(d) At least one set of stairs must have a temporary
43.1 	handrail and ramp if stairs must be used to enter or leave the
43.2 	polling place.
43.3 	(e) No barrier in the polling place may impede the path of
43.4 	the physically handicapped persons with disabilities to the
43.5 	voting booth.
43.6 	(f) At least one handicapped parking space for persons with
43.7 	disabilities, which may be temporarily so designated by the
43.8 	municipality for the day of the election, must be available near
43.9 	the accessible entrance.
43.10 	The doorway, handrails, ramps, and handicapped parking
43.11 	provided pursuant to this subdivision must conform to the
43.12 	standards specified in the State Building Code for accessibility
43.13 	by handicapped persons with disabilities.
43.14 	A governing body shall designate as polling places only
43.15 	those places which meet the standards prescribed in this
43.16 	subdivision unless no available place within a precinct is
43.17 	accessible or can be made accessible.

43.18 	Sec. 23. Minnesota Statutes 2004, section 204B.18,
43.19 	subdivision 1, is amended to read:
43.20 		Subdivision 1.Booths; voting stations.  Each polling
43.21 	place must contain a number of at least two voting booths in
43.22 	proportion to the number of individuals eligible to vote in the
43.23 	precinct or self-contained voting stations plus one additional
43.24 	voting booth or self-contained voting station for each 150
43.25 	voters in excess of 200 registered in the precinct.  Each
43.26 	booth or station must be at least six feet high, three feet deep
43.27 	and two feet wide with a shelf at least two feet long and one
43.28 	foot wide placed at a convenient height for writing.  The
43.29 	booth or station shall be provided with a door or
43.30 	curtains permit the voter to vote privately and independently.
43.31 	Each accessible polling place must have at least one accessible
43.32 	voting booth or other accessible voting station and beginning
43.33 	with federal and state elections held after December 31, 2005,
43.34 	and county, municipal, and school district elections held after
43.35 	December 31, 2007, one voting system that conforms to section
43.36 	301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.
44.1 	All booths or stations must be constructed so that a voter is
44.2 	free from observation while marking ballots. In all other
44.3 	polling places every effort must be made to provide at least one
44.4 	accessible voting booth or other accessible voting station.
44.5 	During the hours of voting, the booths or stations must have
44.6 	instructions, a pencil, and other supplies needed to mark the
44.7 	ballots. If needed,A chair must be provided for elderly and
44.8 	handicapped voters and voters with disabilities to use while
44.9 	voting or waiting to vote.  Stable flat writing surfaces must
44.10 	also be made available to voters who are completing
44.11 	election-related forms.  All ballot boxes, voting booths, voting
44.12 	stations, and election judges must be in open public view in the
44.13 	polling place.

44.14 	Sec. 24. Minnesota Statutes 2004, section 204B.22,
44.15 	subdivision 3, is amended to read:
44.16 		Subd. 3.Minimum number required in certain precincts of
44.17 	election judges.  At each state primary or state general 
44.18 	election in precincts using an electronic voting system with
44.19 	marking devices and in which more than 400 votes were cast at
44.20 	the last similar election, the minimum number of election judges
44.21 	is three plus one judge to demonstrate the use of the voting
44.22 	machine or device, and the number of additional election judges
44.23 	to be appointed is one for every 200 votes cast in that precinct
44.24 	in the most recent similar general election.

44.25 	Sec. 25. Minnesota Statutes 2004, section 204B.27,
44.26 	subdivision 1, is amended to read:
44.27 		Subdivision 1.Blank forms.  At least 25 14 days before
44.28 	every state election the secretary of state shall transmit to
44.29 	each county auditor a sufficient number of blank county abstract
44.30 	forms and other examples of any blank forms to be used as the
44.31 	secretary of state deems necessary for the conduct of the
44.32 	election. County abstract forms may be provided to auditors
44.33 	electronically via the Minnesota State Election Reporting System
44.34 	maintained by the secretary of state, and must be available at
44.35 	least one week prior to the election.

44.36 	Sec. 26. Minnesota Statutes 2004, section 204B.27,
45.1 	subdivision 3, is amended to read:
45.2 		Subd. 3.Instruction posters.  At least 25 days before
45.3 	every state election,the secretary of state shall prepare and
45.4 	furnish to the county auditor of each county in which paper
45.5 	ballots are used,voter instruction posters printed in large
45.6 	type upon cards or heavy paper.  The instruction posters must
45.7 	contain the information needed to enable the voters to cast
45.8 	their paper ballots quickly and correctly and indicate the types
45.9 	of assistance available for elderly and handicapped voters.  Two
45.10 	instruction posters shall be furnished for each precinct in
45.11 	which paper ballots are used. The secretary of state shall also
45.12 	provide posters informing voters of eligibility requirements to
45.13 	vote and of identification and proofs accepted for election day
45.14 	registration.  Posters furnished by the secretary of state must
45.15 	also include all information required to be posted by the Help
45.16 	America Vote Act, including:  instructions on how to vote,
45.17 	including how to cast a vote; instructions for mail-in
45.18 	registrants and first-time voters; general information on voting
45.19 	rights under applicable federal and state laws, and instructions
45.20 	on how to contact the appropriate officials if these rights are
45.21 	alleged to have been violated; and general information on
45.22 	federal and state laws regarding prohibitions on acts of fraud
45.23 	and misrepresentation.

45.24 	Sec. 27. Minnesota Statutes 2004, section 204B.33, is
45.25 	amended to read:
45.26 	204B.33 NOTICE OF FILING.
45.27 	(a) Between June 1 and July 1 in each even numbered year,
45.28 	the secretary of state shall notify each county auditor of the
45.29 	offices to be voted for in that county at the next state general
45.30 	election for which candidates file with the secretary of state.
45.31 	The notice shall include the time and place of filing for those
45.32 	offices and for judicial offices shall list the name of the
45.33 	incumbent, if any, currently holding the seat to be voted for.
45.34 	Within ten days after notification by the secretary of state,
45.35 	each county auditor shall notify each municipal clerk in the
45.36 	county of all the offices to be voted for in the county at that
46.1 	election and the time and place for filing for those offices.
46.2 	The county auditors and municipal clerks shall promptly post a
46.3 	copy of that notice in their offices.
46.4 	(b) At least two weeks before the first day to file an
46.5 	affidavit of candidacy, the county auditor shall publish a
46.6 	notice stating the first and last dates on which affidavits of
46.7 	candidacy may be filed in the county auditor's office and the
46.8 	closing time for filing on the last day for filing.  The county
46.9 	auditor shall post a similar notice at least ten days before the
46.10 	first day to file affidavits of candidacy.

46.11 	Sec. 28. Minnesota Statutes 2004, section 204C.05,
46.12 	subdivision 1a, is amended to read:
46.13 		Subd. 1a.Elections; organized town.  The governing body
46.14 	of a town with less than 500 inhabitants according to the most
46.15 	recent federal decennial census, which is located outside the
46.16 	metropolitan area as defined in section 473.121 200.02,
46.17 	subdivision 2 24, may fix a later time for voting to begin at
46.18 	state primary, special, or general elections, if approved by a
46.19 	vote of the town electors at the annual town meeting.  The
46.20 	question of shorter voting hours must be included in the notice
46.21 	of the annual town meeting before the question may be submitted
46.22 	to the electors at the meeting.  The later time may not be later
46.23 	than 10:00 a.m. for special, primary, or general elections.  The
46.24 	town clerk shall either post or publish notice of the changed
46.25 	hours and notify the county auditor of the change 30 days before
46.26 	the election.

46.27 	Sec. 29. Minnesota Statutes 2004, section 204C.08,
46.28 	subdivision 1, is amended to read:
46.29 		Subdivision 1.Display of flag; "vote here" sign. (a) 
46.30 	Upon their arrival at the polling place on the day of election,
46.31 	the election judges shall cause the national flag to be
46.32 	displayed on a suitable staff at the entrance to the polling
46.33 	place.  The flag shall be displayed continuously during the
46.34 	hours of voting and the election judges shall attest to that
46.35 	fact by signing the flag certification statement on the precinct
46.36 	summary statement.  The election judges shall receive no
47.1 	compensation for any time during which they intentionally fail
47.2 	to display the flag as required by this subdivision.
47.3 	(b) The election judges shall, immediately after displaying
47.4 	the flag pursuant to paragraph (a), post the following:
47.5 	(1) a "Vote Here" sign conspicuously near the flag, which
47.6 	must be of a size not less than two feet high by four feet wide,
47.7 	with letters printed in red in a font size of no less than
47.8 	576-point type, against a white background; and 
47.9 	(2) within the building, if the polling place has more than
47.10 	one room, signs indicating by arrows the direction in which to
47.11 	proceed in order to reach the room containing the polling place.

47.12 	Sec. 30. Minnesota Statutes 2004, section 204C.28,
47.13 	subdivision 1, is amended to read:
47.14 		Subdivision 1.County auditor.  Every county auditor
47.15 	shall remain at the auditor's office to receive delivery of the
47.16 	returns, to permit public inspection of the summary statements,
47.17 	and to tabulate the votes until all have been tabulated and the
47.18 	results made known, or until 24 hours have elapsed since the end
47.19 	of the hours for voting, whichever occurs first. Every county
47.20 	auditor shall keep a book in which, in the presence of the
47.21 	municipal clerk or the election judges who deliver the returns,
47.22 	the auditor shall make a record of all materials delivered, the
47.23 	time of delivery, and the names of the municipal clerk or
47.24 	election judges who made delivery.  The county auditor shall
47.25 	file the book and all envelopes containing ballots in a safe and
47.26 	secure place with envelope seals unbroken.  Access to the book
47.27 	and ballots shall be strictly controlled.  Accountability and a
47.28 	record of access shall be maintained by the county auditor
47.29 	during the period for contesting elections or, if a contest is
47.30 	filed, until the contest has been finally determined.
47.31 	Thereafter, the book shall be retained in the auditor's office
47.32 	for the same period as the ballots as provided in section
47.33 	204B.40.
47.34 	The county auditor shall file all envelopes containing
47.35 	ballots in a safe place with seals unbroken.  If the envelopes
47.36 	were previously opened by proper authority for examination or
48.1 	recount, the county auditor shall have the envelopes sealed
48.2 	again and signed by the individuals who made the inspection or
48.3 	recount.  The envelopes may be opened by the county canvassing
48.4 	board if necessary to procure election returns that the election
48.5 	judges inadvertently may have sealed in the envelopes with the
48.6 	ballots.  In that case, the envelopes shall be sealed again and
48.7 	signed in the same manner as otherwise provided in this
48.8 	subdivision.

48.9 	Sec. 31. Minnesota Statutes 2004, section 204D.14,
48.10 	subdivision 3, is amended to read:
48.11 		Subd. 3.Uncontested judicial offices.  Judicial
48.12 	offices for a specific court for which there is only one
48.13 	candidate filed must appear after all other judicial offices for
48.14 	that same court on the canary ballot.

48.15 	Sec. 32. Minnesota Statutes 2004, section 204D.27,
48.16 	subdivision 5, is amended to read:
48.17 		Subd. 5.Canvass; special primary; state canvassing
48.18 	board.  Not later than four days after the returns of the county
48.19 	canvassing boards are certified to the secretary of state, the
48.20 	State Canvassing Board shall complete its canvass of the special
48.21 	primary.  The secretary of state shall then promptly certify to
48.22 	the county auditors the names of the nominated individuals,
48.23 	prepare notices of nomination,and notify each nominee of the
48.24 	nomination.

48.25 	Sec. 33. [205.135] ELECTION REPORTING SYSTEM; CANDIDATE
48.26 	FILING.
48.27 		Subdivision 1.Even-numbered year. For regularly
48.28 	scheduled municipal elections held in an even-numbered year, the
48.29 	municipal clerk must provide the offices and questions to be
48.30 	voted on in the municipality and the list of candidates for each
48.31 	office to the county auditor for entry into the election
48.32 	reporting system provided by the secretary of state no later
48.33 	than 46 days prior to the election.  The county auditor must
48.34 	delegate, at the request of the municipality, the duty to enter
48.35 	the information into the system to the municipal clerk.
48.36 		Subd. 2.Odd-numbered year. For regularly scheduled
49.1 	municipal elections held in an odd-numbered year, the municipal
49.2 	clerk or county auditor must enter the offices and questions to
49.3 	be voted on in the municipality and the list of candidates for
49.4 	each office into the election reporting system no later than 46
49.5 	days prior to the election.

49.6 	Sec. 34. Minnesota Statutes 2004, section 205.175,
49.7 	subdivision 2, is amended to read:
49.8 		Subd. 2.Metropolitan area municipalities.  The governing
49.9 	body of a municipality which is located within a metropolitan
49.10 	county as defined by section 473.121included in the definition
49.11 	of metropolitan area in section 200.02, subdivision 24,may
49.12 	designate the time during which the polling places will remain
49.13 	open for voting at the next succeeding and all subsequent
49.14 	municipal elections, provided that the polling places shall open
49.15 	no later than 10:00 a.m. and shall close no earlier than 8:00
49.16 	p.m.  The resolution shall remain in force until it is revoked
49.17 	by the municipal governing body.

49.18 	Sec. 35. [205.187] ELECTION REPORTING SYSTEM; PRECINCT
49.19 	VOTES.
49.20 		Subdivision 1.Even-numbered year. For regularly
49.21 	scheduled municipal elections held in an even-numbered year, the
49.22 	county auditor must enter the votes in each precinct for the
49.23 	questions and offices voted on in the municipal election into
49.24 	the election reporting system provided by the secretary of state.
49.25 		Subd. 2.Odd-numbered year. For regularly scheduled
49.26 	municipal elections held in an odd-numbered year, the municipal
49.27 	clerk or county auditor must enter the votes in each precinct
49.28 	for the offices and questions voted on in the municipality into
49.29 	the election reporting system provided by the secretary of state.

49.30 	Sec. 36. [205A.075] ELECTION REPORTING SYSTEM; CANDIDATE
49.31 	FILING.
49.32 		Subdivision 1.Even-numbered year. For regularly
49.33 	scheduled school district elections held in an even-numbered
49.34 	year, the school district clerk must provide the offices and
49.35 	questions to be voted on in the school district and the list of
49.36 	candidates for each office to the county auditor for entry into
50.1 	the election reporting system provided by the secretary of state
50.2 	no later than ....... days prior to the election.
50.3 		Subd. 2.Odd-numbered year. For regularly scheduled
50.4 	school district elections held in an odd-numbered year, the
50.5 	school district clerk or county auditor must enter the offices
50.6 	and questions to be voted on in the school district and the list
50.7 	of candidates for each office into the election reporting system
50.8 	provided by the secretary of state no later than ....... days
50.9 	prior to the election.

50.10 	Sec. 37. [205A.076] ELECTION REPORTING SYSTEM; PRECINCT
50.11 	VOTES.
50.12 		Subdivision 1.Even-numbered year. For regularly
50.13 	scheduled school district elections held in an even-numbered
50.14 	year, the county auditor must enter the votes in each precinct
50.15 	for the questions and offices voted on in the school district
50.16 	election into the election reporting system provided by the
50.17 	secretary of state.
50.18 		Subd. 2.Odd-numbered year. For regularly scheduled
50.19 	school district elections held in an odd-numbered year, the
50.20 	school district clerk or county auditor must enter the votes in
50.21 	each precinct for the offices and questions voted on in the
50.22 	school district into the election reporting system provided by
50.23 	the secretary of state.

50.24 	Sec. 38. Minnesota Statutes 2004, section 205A.09,
50.25 	subdivision 1, is amended to read:
50.26 		Subdivision 1.Metropolitan area school districts.  At a
50.27 	school district election in a school district located in whole
50.28 	or in part within a metropolitan county as defined by section
50.29 	473.121 included in the definition of metropolitan area in
50.30 	section 200.02, subdivision 24, the school board, by resolution
50.31 	adopted before giving notice of the election, may designate the
50.32 	time during which the polling places will remain open for voting
50.33 	at the next succeeding and all later school district elections.
50.34 	The polling places must open no later than 10:00 a.m. and close
50.35 	no earlier than 8:00 p.m.  The resolution shall remain in force
50.36 	until it is revoked by the school board.

51.1 	Sec. 39. Minnesota Statutes 2004, section 206.56,
51.2 	subdivision 2, is amended to read:
51.3 		Subd. 2.Automatic tabulating equipment.  "Automatic
51.4 	tabulating equipment" includes apparatus machines, resident
51.5 	firmware, and programmable memory units necessary to optically
51.6 	scan,automatically examine,and count votes designated on
51.7 	ballot cards, and data processing machines which can be used for
51.8 	counting ballots and tabulating results.

51.9 	Sec. 40. Minnesota Statutes 2004, section 206.56,
51.10 	subdivision 3, is amended to read:
51.11 		Subd. 3.Ballot.  "Ballot" includes ballot cards and 
51.12 	paper ballots, ballot cards, and the paper ballot marked by an
51.13 	electronic marking device.

51.14 	Sec. 41. Minnesota Statutes 2004, section 206.56,
51.15 	subdivision 7, is amended to read:
51.16 		Subd. 7.Counting center.  "Counting center" means a
51.17 	place selected by the governing body of a municipality where an 
51.18 	a central count electronic voting system is used for the
51.19 	automatic processing and counting of ballots.

51.20 	Sec. 42. Minnesota Statutes 2004, section 206.56,
51.21 	subdivision 8, is amended to read:
51.22 		Subd. 8.Electronic voting system.  "Electronic voting
51.23 	system" means a system in which the voter records votes by means
51.24 	of marking a ballot, which is designed so that votes may be
51.25 	counted by automatic tabulating equipment at a counting
51.26 	center or in the precinct or polling place where the ballot is
51.27 	cast.
51.28 	An electronic voting system includes automatic tabulating
51.29 	equipment; nonelectronic ballot markers; electronic ballot
51.30 	markers, including electronic ballot display, audio ballot
51.31 	reader, and devices by which the voter will register the voter's
51.32 	voting intent; software used to program automatic tabulators and
51.33 	layout ballots; computer programs used to accumulate precinct
51.34 	results; ballots; secrecy folders; system documentation; and
51.35 	system testing results.

51.36 	Sec. 43. Minnesota Statutes 2004, section 206.56,
52.1 	subdivision 9, is amended to read:
52.2 		Subd. 9.manual marking device.  " Manual marking device"
52.3 	means any approved device for directly marking a ballot by hand 
52.4 	with ink, pencil,or other substance which will enable the
52.5 	ballot to be tabulated by means of automatic tabulating
52.6 	equipment.

52.7 	Sec. 44. Minnesota Statutes 2004, section 206.56, is
52.8 	amended by adding a subdivision to read:
52.9 		Subd. 9a.Electronic ballot marker. "Electronic ballot
52.10 	marker" means equipment that is part of an electronic voting
52.11 	system that marks a nonelectronic ballot with votes selected by
52.12 	a voter using an electronic ballot display or audio ballot
52.13 	reader.

52.14 	Sec. 45. Minnesota Statutes 2004, section 206.56, is
52.15 	amended by adding a subdivision to read:
52.16 		Subd. 9b.Assistive voting technology. "Assistive voting
52.17 	technology" means touch-activated screen, buttons, keypad,
52.18 	sip-and-puff input device, keyboard, earphones, or any other
52.19 	device used with an electronic ballot marker that assists voters
52.20 	to use an audio or electronic ballot display in order to select
52.21 	votes.

52.22 	Sec. 46. Minnesota Statutes 2004, section 206.56, is
52.23 	amended by adding a subdivision to read:
52.24 		Subd. 9c.Electronic ballot display. "Electronic ballot
52.25 	display" means a graphic representation of a ballot on a
52.26 	computer monitor or screen on which a voter may make vote
52.27 	choices for candidates and questions for the purpose of marking
52.28 	a nonelectronic ballot.

52.29 	Sec. 47. Minnesota Statutes 2004, section 206.56, is
52.30 	amended by adding a subdivision to read:
52.31 		Subd. 9d.Audio ballot reader. "Audio ballot reader"
52.32 	means an audio representation of a ballot that can be used with
52.33 	other assistive voting technology to permit a voter to mark
52.34 	votes on a nonelectronic ballot using an electronic ballot
52.35 	marker.

52.36 	Sec. 48. Minnesota Statutes 2004, section 206.57,
53.1 	subdivision 1, is amended to read:
53.2 		Subdivision 1.Examination and report by secretary of
53.3 	state; approval.  A vendor of an electronic voting system may
53.4 	apply to the secretary of state to examine the system and to
53.5 	report as to its compliance with the requirements of law and as
53.6 	to its accuracy, durability, efficiency, and capacity to
53.7 	register the will of voters.  The secretary of state or a
53.8 	designee shall examine the system submitted and file a report on
53.9 	it in the Office of the Secretary of State.  Examination is not
53.10 	required of every individual machine or counting device, but
53.11 	only of each type of electronic voting system before its
53.12 	adoption, use, or purchase and before its continued use after
53.13 	significant changes have been made in an approved system.  The
53.14 	examination must include the ballot programming,; electronic
53.15 	ballot marking, including all assistive technologies intended to
53.16 	be used with the system;vote counting,;and vote accumulation
53.17 	functions of each voting system.
53.18 	If the report of the secretary of state or the secretary's
53.19 	designee concludes that the kind of system examined complies
53.20 	with the requirements of sections 206.55 to 206.90 and can be
53.21 	used safely, the system shall be deemed approved by the
53.22 	secretary of state, and may be adopted and purchased for use at
53.23 	elections in this state.  A voting system not approved by the
53.24 	secretary of state may not be used at an election in this
53.25 	state.  The secretary of state may adopt permanent rules
53.26 	consistent with sections 206.55 to 206.90 relating to the
53.27 	examination and use of electronic voting systems.

53.28 	Sec. 49. Minnesota Statutes 2004, section 206.57, is
53.29 	amended by adding a subdivision to read:
53.30 		Subd. 7.Election assistance commission standards. If,
53.31 	prior to January 1, 2006, the federal Election Assistance
53.32 	Commission has not established standards for an electronic
53.33 	ballot marker or other voting system component that is required
53.34 	to enable a voting system to meet the requirements of
53.35 	subdivision 5, the secretary of state may certify the voting
53.36 	system on an experimental basis pending the completion of
54.1 	federal standards, notwithstanding subdivision 6.  Within two
54.2 	years after the Election Assistance Commission issues standards
54.3 	for a voting system component used in a voting system authorized
54.4 	under this subdivision, the secretary of state must review or
54.5 	reexamine the voting system to determine whether the system
54.6 	conforms to federal standards.

54.7 	Sec. 50. Minnesota Statutes 2004, section 206.58,
54.8 	subdivision 1, is amended to read:
54.9 		Subdivision 1.Municipalities. (a) The governing body of
54.10 	a municipality, at a regular meeting or at a special meeting
54.11 	called for the purpose, may must provide for the use of an at
54.12 	least one electronic voting system that conforms to the
54.13 	requirements of section 301(a)(3)(B) of the Help America Vote
54.14 	Act, Public Law 107-252,in one or more precincts each polling
54.15 	place and at all elections in the precincts, subject to approval
54.16 	by the county auditor. This paragraph applies to federal and
54.17 	state elections held after December 31, 2005, and to county,
54.18 	municipal, and school district elections held after December 31,
54.19 	2007.
54.20 	(b) The governing body shall disseminate information to the
54.21 	public about the use of a new voting system at least 60 days
54.22 	prior to the election and shall provide for instruction of
54.23 	voters with a demonstration voting system in a public place for
54.24 	the six weeks immediately prior to the first election at which
54.25 	the new voting system will be used.
54.26 	(c) No system may be adopted or used unless it has been
54.27 	approved by the secretary of state pursuant to section 206.57.

54.28 	Sec. 51. Minnesota Statutes 2004, section 206.61,
54.29 	subdivision 4, is amended to read:
54.30 		Subd. 4.Order of candidates.  On the "State Partisan
54.31 	Primary Ballot" prepared for primary elections, and on the white
54.32 	ballot prepared for the general election, the order of the names
54.33 	of nominees or names of candidates for election shall be the
54.34 	same as required for paper ballots.  More than one column or row
54.35 	may be used for the same office or party. Electronic ballot
54.36 	display and audio ballot readers must conform to the candidate
55.1 	order on the optical scan ballot used in the precinct.

55.2 	Sec. 52. Minnesota Statutes 2004, section 206.61,
55.3 	subdivision 5, is amended to read:
55.4 		Subd. 5.Alternation.  The provisions of the election
55.5 	laws requiring the alternation of names of candidates must be
55.6 	observed as far as practicable by changing the order of the
55.7 	names on an electronic voting system in the various precincts so
55.8 	that each name appears on the machines or marking devices used
55.9 	in a municipality substantially an equal number of times in the
55.10 	first, last, and in each intermediate place in the list or group
55.11 	in which they belong.  However, the arrangement of candidates'
55.12 	names must be the same on all voting systems used in the same
55.13 	precinct.  If the number of names to be alternated exceeds the
55.14 	number of precincts, the election official responsible for
55.15 	providing the ballots, in accordance with subdivision 1, shall
55.16 	determine by lot the alternation of names.
55.17 	If an electronic ballot marker is used with a paper ballot
55.18 	that is not an optical scan ballot card, the manner of
55.19 	alternation of candidate names on the paper ballot must be as
55.20 	prescribed for optical scan ballots in this subdivision.

55.21 	Sec. 53. Minnesota Statutes 2004, section 206.64,
55.22 	subdivision 1, is amended to read:
55.23 		Subdivision 1.General provisions for electronic system
55.24 	voting.  Each electronic voting system booth must be placed and
55.25 	protected so that it is accessible to only one voter at a time
55.26 	and is in full view of all the election judges and challengers
55.27 	at the polling place.  The election judges shall admit one
55.28 	individual at a time to each booth after determining that the
55.29 	individual is eligible to vote.  Voting by electronic voting
55.30 	system must be secret, except for voters who need request 
55.31 	assistance.  A voter may remain inside the voting booth for
55.32 	three minutes the time reasonably required for the voter to
55.33 	complete the ballot.  A voter who refuses to leave the voting
55.34 	booth after a reasonable amount of time, but not less than three
55.35 	minutes,must be removed by the election judges.

55.36 	Sec. 54. Minnesota Statutes 2004, section 206.80, is
56.1 	amended to read:
56.2 	206.80 ELECTRONIC VOTING SYSTEMS.
56.3 	An electronic voting system may not be employed unless it:
56.4 	(1) permits every voter to vote in secret;
56.5 	(2) permits every voter to vote for all candidates and
56.6 	questions for whom or upon which the voter is legally entitled
56.7 	to vote;
56.8 	(3) provides for write-in voting when authorized;
56.9 	(4) rejects by means of the automatic tabulating
56.10 	equipment electronic voting system, except as provided in
56.11 	section 206.84 with respect to write-in votes, all votes for an
56.12 	office or question when the number of votes cast on it exceeds
56.13 	the number which the voter is entitled to cast;
56.14 	(5) permits a voter at a primary election to select
56.15 	secretly the party for which the voter wishes to vote; and
56.16 	(6) rejects, by means of the automatic tabulating equipment 
56.17 	electronic voting system, all votes cast in a primary
56.18 	election by a voter for offices serving with political party
56.19 	designation when the voter votes for candidates of more than one
56.20 	party.

56.21 	Sec. 55. Minnesota Statutes 2004, section 206.81, is
56.22 	amended to read:
56.23 	206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
56.24 	(a) The secretary of state may approve certify an
56.25 	electronic voting system for experimental use at an election
56.26 	prior to its approval for general use.
56.27 	(b) The secretary of state must approve one or more direct
56.28 	recording electronic voting systems for experimental use at an
56.29 	election before their approval for general use and may impose
56.30 	restrictions on their use.  At least one voting system approved
56.31 	under this paragraph must permit sighted persons to vote and at
56.32 	least one system must permit a blind or visually impaired voter
56.33 	to cast a ballot independently and privately.
56.34 	(c) Experimental use must be observed by the secretary of
56.35 	state or the secretary's designee and the results observed must
56.36 	be considered at any subsequent proceedings for approval for
57.1 	general use.
57.2 	(d) (c) The secretary of state may adopt rules consistent
57.3 	with sections 206.55 to 206.90 relating to experimental use.
57.4 	The extent of experimental use must be determined by the
57.5 	secretary of state.

57.6 	Sec. 56. Minnesota Statutes 2004, section 206.82,
57.7 	subdivision 1, is amended to read:
57.8 		Subdivision 1.Program.  A program or programs for use in
57.9 	an election conducted by means of an electronic voting system or
57.10 	using an electronic ballot marker shall be prepared at the
57.11 	direction of the county auditor or municipal clerk who is
57.12 	responsible for the conduct of the election and shall be
57.13 	independently verified by a competent person designated by that
57.14 	official.  The term "competent person" as used in this section
57.15 	means a person who can demonstrate knowledge as a computer
57.16 	programmer and who is other than and wholly independent of any
57.17 	person operating or employed by the counting center or the
57.18 	corporation or other preparer of the program.  A test deck
57.19 	prepared by a competent person shall be used for independent
57.20 	verification of the program; it shall test the maximum digits
57.21 	used in totaling the returns and shall be usable by insertion
57.22 	during the tabulation process as well as prior to tabulation. A
57.23 	test deck must also be prepared using the electronic ballot
57.24 	marker program and must also be used to verify that all valid
57.25 	votes counted by the vote tabulator may be selected using the
57.26 	electronic ballot marker.The secretary of state shall adopt
57.27 	rules further specifying test procedures.

57.28 	Sec. 57. Minnesota Statutes 2004, section 206.82,
57.29 	subdivision 2, is amended to read:
57.30 		Subd. 2.Plan.  The municipal clerk in a municipality
57.31 	where an electronic voting system is used and the county auditor
57.32 	of a county in which an electronic voting system is used in more
57.33 	than one municipality and the county auditor of a county in
57.34 	which a counting center serving more than one municipality is
57.35 	located shall prepare a plan which indicates acquisition of
57.36 	sufficient facilities, computer time, and professional services
58.1 	and which describes the proposed manner of complying with
58.2 	section 206.80.  The plan must be signed, notarized, and
58.3 	submitted to the secretary of state more than 60 days before the
58.4 	first election at which the municipality uses an electronic
58.5 	voting system.  Prior to July 1 of each subsequent general
58.6 	election year, the clerk or auditor shall submit to the
58.7 	secretary of state notification of any changes to the plan on
58.8 	file with the secretary of state.  The secretary of state shall
58.9 	review each plan for its sufficiency and may request technical
58.10 	assistance from the Department of Administration or other agency
58.11 	which may be operating as the central computer authority.  The
58.12 	secretary of state shall notify each reporting authority of the
58.13 	sufficiency or insufficiency of its plan within 20 days of
58.14 	receipt of the plan.  The attorney general, upon request of the
58.15 	secretary of state, may seek a district court order requiring an
58.16 	election official to fulfill duties imposed by this subdivision
58.17 	or by rules promulgated pursuant to this section.

58.18 	Sec. 58. Minnesota Statutes 2004, section 206.83, is
58.19 	amended to read:
58.20 	206.83 TESTING OF VOTING SYSTEMS.
58.21 	The official in charge of elections shall within 14 days
58.22 	prior to election day have the voting system tested to ascertain
58.23 	that the system will correctly mark ballots using all methods
58.24 	supported by the system, including through assistive technology,
58.25 	and count the votes cast for all candidates and on all questions
58.26 	within 14 days prior to election day.  Public notice of the time
58.27 	and place of the test must be given at least two days in advance
58.28 	by publication once in official newspapers.  The test must be
58.29 	observed by at least two election judges, who are not of the
58.30 	same major political party, and must be open to representatives
58.31 	of the political parties, candidates, the press, and the
58.32 	public.  The test must be conducted by (1) processing a
58.33 	preaudited group of ballots punched or marked to record a
58.34 	predetermined number of valid votes for each candidate and on
58.35 	each question, and must include for each office one or more
58.36 	ballot cards which have votes in excess of the number allowed by
59.1 	law in order to test the ability of the voting system tabulator
59.2 	and electronic ballot marker to reject those votes, and (2)
59.3 	processing an additional test deck of ballots marked using the
59.4 	electronic ballot marker to be employed in the precinct,
59.5 	including ballots marked using the electronic ballot display,
59.6 	audio ballot reader, and each of the assistive voting peripheral
59.7 	devices used with the electronic ballot marker.  If any error is
59.8 	detected, the cause must be ascertained and corrected and an
59.9 	errorless count must be made before the voting system may be
59.10 	used in the election.  After the completion of the test, the
59.11 	programs used and ballot cards must be sealed, retained, and
59.12 	disposed of as provided for paper ballots.

59.13 	Sec. 59. Minnesota Statutes 2004, section 206.84,
59.14 	subdivision 1, is amended to read:
59.15 		Subdivision 1.Instruction of judges, voters.  The
59.16 	officials in charge of elections shall determine procedures to
59.17 	instruct election judges and voters in the use of electronic
59.18 	voting system manual marking devices and the electronic ballot
59.19 	marker, including assistive peripheral devices.

59.20 	Sec. 60. Minnesota Statutes 2004, section 206.84,
59.21 	subdivision 3, is amended to read:
59.22 		Subd. 3.Ballots.  The ballot information must be in the
59.23 	same order provided for paper ballots, except that the
59.24 	information may be in vertical or horizontal rows, or on a
59.25 	number of separate pages.  The secretary of state shall provide
59.26 	by rule for standard ballot formats for electronic voting
59.27 	systems. Electronic ballot displays and audio ballot readers
59.28 	shall be in the order provided for on the optical scan ballot.
59.29 	Electronic ballot displays may employ zooms or other devices as
59.30 	assistive voting technology.  Audio ballot readers may employ
59.31 	rewinds or audio cues as assistive voting technology.
59.32 	Ballot cards may contain special printed marks and holes as
59.33 	required for proper positioning and reading of the ballots by
59.34 	electronic vote counting equipment.  Ballot cards must contain
59.35 	an identification of the precinct for which they have been
59.36 	prepared which can be read visually and which can be tabulated
60.1 	by the automatic tabulating equipment.

60.2 	Sec. 61. Minnesota Statutes 2004, section 206.84,
60.3 	subdivision 6, is amended to read:
60.4 		Subd. 6.Duties of official in charge.  The official in
60.5 	charge of elections in each municipality where an electronic
60.6 	voting system is used shall have the voting systems put in
60.7 	order, set, adjusted, and made ready for voting when delivered
60.8 	to the election precincts.  The official shall also provide each
60.9 	precinct with a container for transporting ballot cards to the
60.10 	counting location after the polls close.  The container shall be
60.11 	of sturdy material to protect the ballots from all reasonably
60.12 	foreseeable hazards including auto collisions.  The election
60.13 	judges shall meet at the polling place at least one hour before
60.14 	the time for opening the polls.  Before the polls open the
60.15 	election judges shall compare the ballot cards used with the
60.16 	sample ballots, electronic ballot displays, and audio ballot
60.17 	reader furnished to see that the names, numbers, and letters on
60.18 	both agree and shall certify to that fact on forms provided for
60.19 	the purpose.  The certification must be filed with the election
60.20 	returns.

60.21 	Sec. 62. Minnesota Statutes 2004, section 206.85,
60.22 	subdivision 1, is amended to read:
60.23 		Subdivision 1.Duties of responsible official.  The
60.24 	official in charge of elections in a municipality where an
60.25 	electronic voting system is used at a counting center must:
60.26 	(a) be present or personally represented throughout the
60.27 	counting center proceedings;
60.28 	(b) be responsible for acquiring sufficient facilities and
60.29 	personnel to ensure timely and lawful processing of votes;
60.30 	(c) be responsible for the proper training of all personnel
60.31 	participating in counting center proceedings and deputize all
60.32 	personnel who are not otherwise election judges;
60.33 	(d) maintain actual control over all proceedings and be
60.34 	responsible for the lawful execution of all proceedings in the
60.35 	counting center whether or not by experts;
60.36 	(e) be responsible for assuring the lawful retention and
61.1 	storage of ballots and read-outs; and
61.2 	(f) arrange for observation by the public and by
61.3 	candidates' representatives of counting center procedures by
61.4 	publishing the exact location of the counting center in a legal
61.5 	newspaper at least once during the week preceding the week of
61.6 	election and in the newspaper of widest circulation once on the
61.7 	day preceding the election, or once the week preceding the
61.8 	election if the newspaper is a weekly.
61.9 	The official may make arrangements with news reporters
61.10 	which permit prompt reporting of election results but which do
61.11 	not interfere with the timely and lawful completion of counting
61.12 	procedures.

61.13 	Sec. 63. Minnesota Statutes 2004, section 206.90,
61.14 	subdivision 1, is amended to read:
61.15 		Subdivision 1.Definition.  For the purposes of this
61.16 	section, "optical scan voting system" means an electronic voting
61.17 	system approved for use under sections 206.80 to 206.81 in which
61.18 	the voter records votes by marking with a pencil or other
61.19 	writing instrument device, including an electronic ballot
61.20 	marker,a ballot on which the names of candidates, office
61.21 	titles, party designation in a partisan primary or election, and
61.22 	a statement of any question accompanied by the words "Yes" and
61.23 	"No" are printed.

61.24 	Sec. 64. Minnesota Statutes 2004, section 206.90,
61.25 	subdivision 4, is amended to read:
61.26 		Subd. 4.Absentee voting.  An optical scan voting system
61.27 	may be used for absentee voting. The county auditor may supply
61.28 	an appropriate marking instrument to the voter along with the
61.29 	ballot.

61.30 	Sec. 65. Minnesota Statutes 2004, section 206.90,
61.31 	subdivision 5, is amended to read:
61.32 		Subd. 5.Instruction of judges, voters.  In instructing
61.33 	judges and voters under section 206.84, subdivision 1, officials
61.34 	in charge of election precincts using optical scan voting
61.35 	systems shall include instruction on the proper mark for
61.36 	recording votes on ballot cards marked with a pencil or other
62.1 	writing instrument and the insertion by the voter of the ballot
62.2 	card into automatic tabulating equipment that examines and
62.3 	counts votes as the ballot card is deposited into the ballot box.
62.4 	Officials shall include instruction on the insertion by the
62.5 	voter of the ballot card into an electronic ballot marker that
62.6 	can examine votes before the ballot card is deposited into the
62.7 	ballot box.

62.8 	Sec. 66. Minnesota Statutes 2004, section 206.90,
62.9 	subdivision 6, is amended to read:
62.10 		Subd. 6.Ballots.  In precincts using optical scan voting
62.11 	systems, a single ballot card on which all ballot information is
62.12 	included must be printed in black ink on white colored material
62.13 	except that marks not to be read by the automatic tabulating
62.14 	equipment may be printed in another color ink.
62.15 	On the front of the ballot must be printed the words
62.16 	"Official Ballot" and the date of the election and lines for the
62.17 	initials of at least two election judges.
62.18 	When optical scan ballots are used, the offices to be
62.19 	elected must appear in the following order:  federal offices;
62.20 	state legislative offices; constitutional offices; proposed
62.21 	constitutional amendments; county offices and questions;
62.22 	municipal offices and questions; school district offices and
62.23 	questions; special district offices and questions; and judicial
62.24 	offices.
62.25 	On optical scan ballots, the names of candidates and the
62.26 	words "yes" and "no" for ballot questions must be printed as
62.27 	close to their corresponding vote targets as possible.
62.28 	The line on an optical scan ballot for write-in votes must
62.29 	contain the words "write-in, if any."
62.30 	If a primary ballot contains both a partisan ballot and a
62.31 	nonpartisan ballot, the instructions to voters must include a
62.32 	statement that reads substantially as follows:  "THIS BALLOT
62.33 	CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON
62.34 	THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
62.35 	ONE POLITICAL PARTY ONLY."  If a primary ballot contains
62.36 	political party columns on both sides of the ballot, the
63.1 	instructions to voters must include a statement that reads
63.2 	substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE
63.3 	PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE
63.4 	POLITICAL PARTY ONLY."  At the bottom of each political party
63.5 	column on the primary ballot, the ballot must contain a
63.6 	statement that reads substantially as follows:  "CONTINUE VOTING
63.7 	ON THE NONPARTISAN BALLOT."  The instructions in section
63.8 	204D.08, subdivision 4, do not apply to optical scan partisan
63.9 	primary ballots. Electronic ballot displays and audio ballot
63.10 	readers must follow the order of offices and questions on the
63.11 	optical scan or paper ballot used in the same precinct.

63.12 	Sec. 67. Minnesota Statutes 2004, section 206.90,
63.13 	subdivision 8, is amended to read:
63.14 		Subd. 8.Duties of election officials.  The official in
63.15 	charge of elections in each municipality where an optical scan
63.16 	voting system is used shall have the electronic ballot that
63.17 	examines and marks votes on ballot cards and the automatic
63.18 	tabulating equipment that examines and counts votes as ballot
63.19 	cards are deposited into ballot boxes put in order, set,
63.20 	adjusted, and made ready for voting when delivered to the
63.21 	election precincts.

63.22 	Sec. 68. Minnesota Statutes 2004, section 206.90,
63.23 	subdivision 9, is amended to read:
63.24 		Subd. 9.Spoiled ballot cards.  Automatic tabulating
63.25 	equipment and electronic ballot markers must be capable of
63.26 	examining a ballot card for defects and returning it to the
63.27 	voter before it is counted and deposited into the ballot box and 
63.28 	must be programmed to return as a spoiled ballot a ballot card
63.29 	with votes for an office or question which exceed the number
63.30 	which the voter is entitled to cast and at a primary a ballot
63.31 	card with votes for candidates of more than one party.

63.32 	Sec. 69. Minnesota Statutes 2004, section 211B.01,
63.33 	subdivision 3, is amended to read:
63.34 		Subd. 3.Candidate.  "Candidate" means an individual who
63.35 	seeks nomination or election to a federal,statewide,
63.36 	legislative, judicial, or local office including special
64.1 	districts, school districts, towns, home rule charter and
64.2 	statutory cities, and counties, except candidates for president
64.3 	and vice-president of the United States.

64.4 	Sec. 70. Minnesota Statutes 2004, section 358.11, is
64.5 	amended to read:
64.6 	358.11 OATHS, WHERE FILED.
64.7 	Except as otherwise provided by law, the oath required to
64.8 	be taken and subscribed by any person shall be filed as follows:
64.9 	(1) if that of an officer of the state, whether elective or
64.10 	appointive, executive, legislative, or judicial,with the
64.11 	secretary of state;
64.12 	(2) if of a county officer, or an officer chosen within or
64.13 	for any county, with the county auditor;
64.14 	(3) if of a city officer, with the clerk or recorder of the
64.15 	municipality;
64.16 	(4) if of a town officer, with the town clerk;
64.17 	(5) if of a school district officer, with the clerk of the
64.18 	district;
64.19 	(6) if of a person appointed by, or made responsible to, a
64.20 	court in any action or proceeding therein, with the court
64.21 	administrator of such court;
64.22 	(7) if that of a person appointed by any state, county, or
64.23 	other officer for a special service in connection with official
64.24 	duties, with such officer.
64.25 	If the person taking such oath be also required to give
64.26 	bond, the oath shall be attached to or endorsed upon such bond
64.27 	and filed therewith, in lieu of other filing.

64.28 	Sec. 71. Minnesota Statutes 2004, section 414.01, is
64.29 	amended by adding a subdivision to read:
64.30 		Subd. 18.Annexations not permitted at certain
64.31 	times. Notwithstanding the provisions of this chapter, no
64.32 	annexation shall become effective between the opening of filing
64.33 	for a previously scheduled municipal election of the
64.34 	municipality which is annexing the unincorporated land and the
64.35 	issuance of the certificates of election to the candidates
64.36 	elected at that election.

65.1 	Sec. 72. [414.0305] MUNICIPAL ANNEXATION.
65.2 	Notwithstanding the provisions of this chapter, no
65.3 	annexation by a municipality shall be effective during the
65.4 	period from the opening of filing for any previously scheduled
65.5 	municipal election until after the end of the contest period for
65.6 	that election.

65.7 	Sec. 73. Minnesota Statutes 2004, section 447.32,
65.8 	subdivision 4, is amended to read:
65.9 		Subd. 4.Candidates; ballots; certifying election.  A
65.10 	person who wants to be a candidate for the hospital board shall
65.11 	file an affidavit of candidacy for the election either as member
65.12 	at large or as a member representing the city or town where the
65.13 	candidate resides.  The affidavit of candidacy must be filed
65.14 	with the city or town clerk not more than ten weeks 70 days nor
65.15 	less than eight weeks 56 days before the first Tuesday after the
65.16 	second first Monday in September November of the year in which
65.17 	the general election is held.  The city or town clerk must
65.18 	forward the affidavits of candidacy to the clerk of the hospital
65.19 	district or, for the first election, the clerk of the most
65.20 	populous city or town immediately after the last day of the
65.21 	filing period.  A candidate may withdraw from the election by
65.22 	filing an affidavit of withdrawal with the clerk of the district
65.23 	no later than 5:00 p.m. two days after the last day to file
65.24 	affidavits of candidacy.
65.25 	Voting must be by secret ballot.  The clerk shall prepare,
65.26 	at the expense of the district, necessary ballots for the
65.27 	election of officers.  Ballots must be printed on tan paper and
65.28 	prepared as provided in the rules of the secretary of state.
65.29 	The ballots must be marked and initialed by at least two judges
65.30 	as official ballots and used exclusively at the election.  Any
65.31 	proposition to be voted on may be printed on the ballot provided
65.32 	for the election of officers.  The hospital board may also
65.33 	authorize the use of voting systems subject to chapter 206.
65.34 	Enough election judges may be appointed to receive the votes at
65.35 	each polling place.  The election judges shall act as clerks of
65.36 	election, count the ballots cast, and submit them to the board
66.1 	for canvass.
66.2 	After canvassing the election, the board shall issue a
66.3 	certificate of election to the candidate who received the
66.4 	largest number of votes cast for each office.  The clerk shall
66.5 	deliver the certificate to the person entitled to it in person
66.6 	or by certified mail.  Each person certified shall file an
66.7 	acceptance and oath of office in writing with the clerk within
66.8 	30 days after the date of delivery or mailing of the
66.9 	certificate.  The board may fill any office as provided in
66.10 	subdivision 1 if the person elected fails to qualify within 30
66.11 	days, but qualification is effective if made before the board
66.12 	acts to fill the vacancy.

66.13 	Sec. 74. REPEALER.
 66.14 	Minnesota Statutes 2004, section 204B.22, subdivision 2, is
66.15 	repealed.

66.16 	ARTICLE 4
66.17 	PERIODIC STATE AND LOCAL ELECTION DATES

66.18 	Section 1. [204D.035] PERIODIC ELECTION DAY.
66.19 		Subdivision 1.Short title. This section may be referred
66.20 	to as the "Periodic Election Day Act of 2005." 
66.21 		Subd. 2.Elections covered. This section applies to all
66.22 	state, county, municipal, school district, and any other
66.23 	political subdivision elections held in the state of Minnesota,
66.24 	and elections on ballot questions, except for (1) elections held
66.25 	to fill a vacancy in office and required by statute to be held
66.26 	sooner than the next day designated in subdivision 3, or (2)
66.27 	elections conducted by mail.
66.28 		Subd. 3.Elections on designated days. (a)
66.29 	Notwithstanding other law to the contrary, elections subject to
66.30 	subdivision 2 may be held only on the following days:
66.31 	(1) the fourth Tuesday in January;
66.32 	(2) the second Tuesday in March;
66.33 	(3) the third Tuesday in May;
66.34 	(4) the first Tuesday after the second Monday in September;
66.35 	and 
66.36 	(5) the first Tuesday after the first Monday in November.
67.1 	(b) The time period in which a special election must be
67.2 	conducted under any other law or charter provision must be
67.3 	extended to conform to the requirements of this subdivision.
67.4 		Subd. 4.Primary date if not specified. If other law
67.5 	provides for a primary to take place for a particular office but
67.6 	does not specify the date of the primary, the primary may be
67.7 	held on one of the days specified in subdivision 3, paragraph
67.8 	(a), clauses (1) to (4).  The general election for the office
67.9 	must be held on the date listed in subdivision 3 that
67.10 	immediately follows the date chosen for the primary.
67.11 		Subd. 5.Election times and polling places. An election
67.12 	held in a jurisdiction on one of the days specified in
67.13 	subdivision 3 must be held during the hours determined under
67.14 	section 204C.05.  The governing body of the municipality must
67.15 	set the polling place locations to be used for each precinct in
67.16 	all elections in any calendar year before the start of that
67.17 	calendar year.
67.18 		Subd. 6.Applicable laws. Except as otherwise provided
67.19 	by this section, Minnesota election law remains applicable to
67.20 	elections held on any of the days listed in subdivision 3.

67.21 	Sec. 2. EFFECTIVE DATE.
 67.22 	This article is effective January 1, 2006.

67.23 	ARTICLE 5
67.24 	CONFORMING AMENDMENTS

67.25 	Section 1. Minnesota Statutes 2004, section 123B.63,
67.26 	subdivision 3, is amended to read:
67.27 		Subd. 3.Capital project levy referendum.  A district may
67.28 	levy the local tax rate approved by a majority of the electors
67.29 	voting on the question to provide funds for an approved
67.30 	project.  The election must take place no more than five years
67.31 	before the estimated date of commencement of the project.  The
67.32 	referendum must be held on a date set by the board specified in
67.33 	section 204D.035, subdivision 3.  A referendum for a project not
67.34 	receiving a positive review and comment by the commissioner
67.35 	under section 123B.71 must be approved by at least 60 percent of
67.36 	the voters at the election.  The referendum may be called by the
68.1 	school board and may be held:
68.2 	(1) separately, before an election for the issuance of
68.3 	obligations for the project under chapter 475; or
68.4 	(2) in conjunction with an election for the issuance of
68.5 	obligations for the project under chapter 475; or
68.6 	(3) notwithstanding section 475.59, as a conjunctive
68.7 	question authorizing both the capital project levy and the
68.8 	issuance of obligations for the project under chapter 475.  Any
68.9 	obligations authorized for a project may be issued within five
68.10 	years of the date of the election.
68.11 	The ballot must provide a general description of the
68.12 	proposed project, state the estimated total cost of the project,
68.13 	state whether the project has received a positive or negative
68.14 	review and comment from the commissioner, state the maximum
68.15 	amount of the capital project levy as a percentage of net tax
68.16 	capacity, state the amount that will be raised by that local tax
68.17 	rate in the first year it is to be levied, and state the maximum
68.18 	number of years that the levy authorization will apply.
68.19 	The ballot must contain a textual portion with the
68.20 	information required in this section and a question stating
68.21 	substantially the following:
68.22 	"Shall the capital project levy proposed by the board of
68.23 	.......... School District No. .......... be approved?"
68.24 	If approved, the amount provided by the approved local tax
68.25 	rate applied to the net tax capacity for the year preceding the
68.26 	year the levy is certified may be certified for the number of
68.27 	years approved.
68.28 	In the event a conjunctive question proposes to authorize
68.29 	both the capital project levy and the issuance of obligations
68.30 	for the project, appropriate language authorizing the issuance
68.31 	of obligations must also be included in the question.
68.32 	The district must notify the commissioner of the results of
68.33 	the referendum.

68.34 	Sec. 2. Minnesota Statutes 2004, section 126C.17,
68.35 	subdivision 11, is amended to read:
68.36 		Subd. 11.Referendum date.  (a) Except for a referendum
69.1 	held under paragraph (b), any referendum under this section held
69.2 	on a day other than the first Tuesday after the first Monday in
69.3 	November must be conducted by mail in accordance with section
69.4 	204B.46.  Notwithstanding subdivision 9, paragraph (b), to the
69.5 	contrary, in the case of a referendum conducted by mail under
69.6 	this paragraph, the notice required by subdivision 9, paragraph
69.7 	(b), must be prepared and delivered by first-class mail at least
69.8 	20 days before the referendum.
69.9 	(b) In addition to the referenda allowed in subdivision 9,
69.10 	clause (a), the commissioner may grant authority to a district
69.11 	to hold a referendum on a different day if the district is in
69.12 	statutory operating debt and has an approved plan or has
69.13 	received an extension from the department to file a plan to
69.14 	eliminate the statutory operating debt. A referendum must be
69.15 	held on a date specified in section 204D.035, subdivision 3.
69.16 	(c) The commissioner must approve, deny, or modify each
69.17 	district's request for a referendum levy on a different day
69.18 	within 60 days of receiving the request from a district.

69.19 	Sec. 3. Minnesota Statutes 2004, section 204C.05, is
69.20 	amended by adding a subdivision to read:
69.21 		Subd. 1c.Elections; municipalities and school
69.22 	districts. The governing body of a municipality or school
69.23 	district may, by resolution, designate the hours during which
69.24 	the polling places will remain open for voting at the next
69.25 	succeeding and all later municipal or school district elections
69.26 	that are not held at the same time as the state primary or state
69.27 	general election.  All polling places must be open at least
69.28 	between the hours of 10:00 a.m. and 8:00 p.m.  The resolution
69.29 	remains in effect until revoked by the governing board or until
69.30 	a petition from voters is filed under this subdivision.  If a
69.31 	petition requesting longer voting hours for any election is
69.32 	signed by a number of voters equal to ten percent of the votes
69.33 	cast in the last municipal or school district general election,
69.34 	whichever applies, and filed with the appropriate municipal or
69.35 	school district clerk no later than 30 days before an election,
69.36 	the polling places for that election must open at 7:00 a.m. and
70.1 	close at 8:00 p.m.  The municipal or school district clerk must
70.2 	give ten days' published and posted notice of the change in
70.3 	hours and notify the appropriate county auditors of the change.

70.4 	Sec. 4. Minnesota Statutes 2004, section 205.10,
70.5 	subdivision 3, is amended to read:
70.6 		Subd. 3.Prohibition. No A special election authorized
70.7 	under subdivision 1 may be held within 40 days after the state
70.8 	general election only on a date specified in section 204D.035,
70.9 	subdivision 3.

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

70.13 	Sec. 6. Minnesota Statutes 2004, section 205A.05,
70.14 	subdivision 1, is amended to read:
70.15 		Subdivision 1.Questions.  Special elections must be held
70.16 	for a school district on a question on which the voters are
70.17 	authorized by law to pass judgment.  The school board may on its
70.18 	own motion call a special election to vote on any matter
70.19 	requiring approval of the voters of a district.  Upon petition
70.20 	of 50 or more voters of the school district or five percent of
70.21 	the number of voters voting at the preceding regular school
70.22 	district election, the school board shall by resolution call a
70.23 	special election to vote on any matter requiring approval of the
70.24 	voters of a district.  A question is carried only with the
70.25 	majority in its favor required by law.  The election officials
70.26 	for a special election are the same as for the most recent
70.27 	school district general election unless changed according to
70.28 	law.  Otherwise, special elections must be conducted and the
70.29 	returns made in the manner provided for the school district
70.30 	general election. A special election may not be held during the
70.31 	30 days before and the 30 days after the state primary, during
70.32 	the 30 days before and the 40 days after the state general
70.33 	election.  In addition, a special election may not be held
70.34 	during the 20 days before and the 20 days after any regularly
70.35 	scheduled election of a municipality wholly or partially within
70.36 	the school district.A special election under this subdivision
71.1 	must be held only on a date specified in section 204D.035,
71.2 	subdivision 3.Notwithstanding any other law to the contrary,
71.3 	the time period in which a special election must be conducted
71.4 	under any other law may be extended by the school board to
71.5 	conform with the requirements of this subdivision.

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

71.9 	Sec. 8. Minnesota Statutes 2004, section 373.40,
71.10 	subdivision 2, is amended to read:
71.11 		Subd. 2.Application of election requirement.  (a) Bonds
71.12 	issued by a county to finance capital improvements under an
71.13 	approved capital improvement plan are not subject to the
71.14 	election requirements of section 375.18 or 475.58.  The bonds
71.15 	must be approved by vote of at least three-fifths of the members
71.16 	of the county board.  In the case of a metropolitan county, the
71.17 	bonds must be approved by vote of at least two-thirds of the
71.18 	members of the county board.
71.19 	(b) Before issuance of bonds qualifying under this section,
71.20 	the county must publish a notice of its intention to issue the
71.21 	bonds and the date and time of a hearing to obtain public
71.22 	comment on the matter.  The notice must be published in the
71.23 	official newspaper of the county or in a newspaper of general
71.24 	circulation in the county.  The notice must be published at
71.25 	least 14, but not more than 28, days before the date of the
71.26 	hearing.
71.27 	(c) A county may issue the bonds only upon obtaining the
71.28 	approval of a majority of the voters voting on the question of
71.29 	issuing the obligations, if a petition requesting a vote on the
71.30 	issuance is signed by voters equal to five percent of the votes
71.31 	cast in the county in the last general election and is filed
71.32 	with the county auditor within 30 days after the public
71.33 	hearing.  The commissioner of revenue shall prepare a suggested
71.34 	form of the question to be presented at the election. The
71.35 	election may be held only on a date specified in section
71.36 	204D.035, subdivision 3.

72.1 	Sec. 9. Minnesota Statutes 2004, section 375.20, is
72.2 	amended to read:
72.3 	375.20 BALLOT QUESTIONS.
72.4 	If the county board may do an act, incur a debt,
72.5 	appropriate money for a purpose, or exercise any other power or
72.6 	authority, only if authorized by a vote of the people, the
72.7 	question may be submitted at a special or general election, by a
72.8 	resolution specifying the matter or question to be voted upon.
72.9 	If the question is to authorize the appropriation of money,
72.10 	creation of a debt, or levy of a tax, it shall state the
72.11 	amount.  Notice of the election shall be given as in the case of
72.12 	special elections.  If the question submitted is adopted, the
72.13 	board shall pass an appropriate resolution to carry it into
72.14 	effect.  In the election the form of the ballot shall be:  "In
72.15 	favor of (here state the substance of the resolution to be
72.16 	submitted), Yes ......  No......," with a square opposite each
72.17 	of the words "yes" and "no," in one of which the voter shall
72.18 	mark an "X" to indicate a choice.  The county board may call a
72.19 	special county election upon a question to be held within 60
72.20 	days on a date specified in section 204D.035, subdivision 3,
72.21 	after a resolution to that effect is adopted by the county
72.22 	board.  Upon the adoption of the resolution the county auditor
72.23 	shall post and publish notices of the election, as required by
72.24 	section 204D.22, subdivisions 2 and 3.  The election shall be
72.25 	conducted and the returns canvassed in the manner prescribed by
72.26 	sections 204D.20 to 204D.27, so far as practicable.

72.27 	Sec. 10. Minnesota Statutes 2004, section 458.40, is
72.28 	amended to read:
72.29 	458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.
72.30 	If a charter adopted under the Minnesota Constitution,
72.31 	article IV, section 36, article XI, section 4, or article XII,
72.32 	section 5, has a provision that requires the question of the
72.33 	issuance of bonds to be submitted to the electors, the provision
72.34 	prevails over sections 458.36 to 458.40. The question must be
72.35 	submitted to voters on a date specified in section 204D.035,
72.36 	subdivision 3, notwithstanding any contrary provision in the
73.1 	charter regarding the date of submission.

73.2 	Sec. 11. Minnesota Statutes 2004, section 465.82,
73.3 	subdivision 2, is amended to read:
73.4 		Subd. 2.Contents of plan.  The plan must state:
73.5 	(1) the specific cooperative activities the units will
73.6 	engage in during the first two years of the venture;
73.7 	(2) the steps to be taken to effect the merger of the
73.8 	governmental units, with completion no later than four years
73.9 	after the process begins;
73.10 	(3) the steps by which a single governing body will be
73.11 	created or, when the entire territory of a unit will be
73.12 	apportioned between or among two or more units contiguous to the
73.13 	unit that is to be apportioned, the steps to be taken by the
73.14 	governing bodies of the remaining units to provide for
73.15 	representation of the residents of the apportioned unit;
73.16 	(4) changes in services provided, facilities used, and
73.17 	administrative operations and staffing required to effect the
73.18 	preliminary cooperative activities and the final merger, and a
73.19 	two-, five-, and ten-year projection of expenditures for each
73.20 	unit if it combined and if it remained separate;
73.21 	(5) treatment of employees of the merging governmental
73.22 	units, specifically including provisions for reassigning
73.23 	employees, dealing with exclusive representatives, and providing
73.24 	financial incentives to encourage early retirements;
73.25 	(6) financial arrangements for the merger, specifically
73.26 	including responsibility for debt service on outstanding
73.27 	obligations of the merging units;
73.28 	(7) one- and two-year impact analyses, prepared by the
73.29 	granting state agency at the request of the local government
73.30 	unit, of major state aid revenues received for each unit if it
73.31 	combined and if it remained separate, including an impact
73.32 	analysis, prepared by the Department of Revenue, of any property
73.33 	tax revenue implications associated with tax increment financing
73.34 	districts and fiscal disparities under chapter 276A or 473F
73.35 	resulting from the merger;
73.36 	(8) procedures for a referendum to be held on a date
74.1 	specified in section 204D.035, subdivision 3,before the
74.2 	proposed combination to approve combining the local government
74.3 	units, specifically stating whether a majority of those voting
74.4 	in each district proposed for combination or a majority of those
74.5 	voting on the question in the entire area proposed for
74.6 	combination is needed to pass the referendum; and
74.7 	(9) a time schedule for implementation.
74.8 	Notwithstanding clause (3) or any other law to the
74.9 	contrary, all current members of the governing bodies of the
74.10 	local government units that propose to combine under sections
74.11 	465.81 to 465.86 may serve on the initial governing body of the
74.12 	combined unit until a gradual reduction in membership is
74.13 	achieved by foregoing election of new members when terms expire
74.14 	until the number permitted by other law is reached.

74.15 	Sec. 12. Minnesota Statutes 2004, section 465.84, is
74.16 	amended to read:
74.17 	465.84 REFERENDUM.
74.18 	During the first or second year of cooperation, a
74.19 	referendum on the question of combination must be conducted.
74.20 	The referendum must be on a date specified in section 204D.035,
74.21 	subdivision 3, and called by the governing bodies of the units
74.22 	that propose to combine.  The referendum must be conducted
74.23 	according to the Minnesota Election Law, as defined in section
74.24 	200.01.  If the referendum fails, the same question or a
74.25 	modified question may be submitted the following year.  If the
74.26 	referendum fails again, the same question may not be submitted.
74.27 	Referendums shall be conducted on the same date in all local
74.28 	government units.

74.29 	Sec. 13. Minnesota Statutes 2004, section 469.053,
74.30 	subdivision 5, is amended to read:
74.31 		Subd. 5.Reverse referendum.  A city may increase its
74.32 	levy for port authority purposes under subdivision 4 only as
74.33 	provided in this subdivision.  Its city council must first pass
74.34 	a resolution stating the proposed amount of levy increase.  The
74.35 	city must then publish the resolution together with a notice of
74.36 	public hearing on the resolution for two successive weeks in its
75.1 	official newspaper or, if none exists, in a newspaper of general
75.2 	circulation in the city.  The hearing must be held two to four
75.3 	weeks after the first publication.  After the hearing, the city
75.4 	council may decide to take no action or may adopt a resolution
75.5 	authorizing the proposed increase or a lesser increase.  A
75.6 	resolution authorizing an increase must be published in the
75.7 	city's official newspaper or, if none exists, in a newspaper of
75.8 	general circulation in the city.  The resolution is not
75.9 	effective if a petition requesting a referendum on the
75.10 	resolution is filed with the city clerk within 30 days of
75.11 	publication of the resolution.  The petition must be signed by
75.12 	voters equaling five percent of the votes cast in the city in
75.13 	the last general election.  The resolution is effective if
75.14 	approved by a majority of those voting on the question.  The
75.15 	commissioner of revenue shall prepare a suggested form of
75.16 	referendum question.  The referendum must be held at a special
75.17 	or general election before October 1 on a date specified in
75.18 	section 204D.035, subdivision 3,of the year for which the levy
75.19 	increase is proposed.

75.20 	Sec. 14. Minnesota Statutes 2004, section 469.0724, is
75.21 	amended to read:
75.22 	469.0724 GENERAL OBLIGATION BONDS.
75.23 	The port authority of Cannon Falls or Redwood Falls must
75.24 	not proceed with the sale of general obligation tax supported
75.25 	bonds until the city council by resolution approves the proposed
75.26 	issuance.  The resolution must be published in the official
75.27 	newspaper.  If, within 30 days after the publication, a petition
75.28 	signed by voters equal in number to ten percent of the number of
75.29 	voters at the last regular city election is filed with the city
75.30 	clerk, the city and port authority must not issue the general
75.31 	obligation tax supported bonds until the proposition has been
75.32 	approved by a majority of the votes cast on the question at a
75.33 	regular or special election held on a date specified in section
75.34 	204D.035, subdivision 3.

75.35 	Sec. 15. Minnesota Statutes 2004, section 469.190,
75.36 	subdivision 5, is amended to read:
76.1 		Subd. 5.Reverse referendum.  If the county board passes
76.2 	a resolution under subdivision 4 to impose the tax, the
76.3 	resolution must be published for two successive weeks in a
76.4 	newspaper of general circulation within the unorganized
76.5 	territory, together with a notice fixing a date for a public
76.6 	hearing on the proposed tax.
76.7 	The hearing must be held not less than two weeks nor more
76.8 	than four weeks after the first publication of the notice.
76.9 	After the public hearing, the county board may determine to take
76.10 	no further action, or may adopt a resolution authorizing the tax
76.11 	as originally proposed or approving a lesser rate of tax.  The
76.12 	resolution must be published in a newspaper of general
76.13 	circulation within the unorganized territory.  The voters of the
76.14 	unorganized territory may request a referendum on the proposed
76.15 	tax by filing a petition with the county auditor within 30 days
76.16 	after the resolution is published.  The petition must be signed
76.17 	by voters who reside in the unorganized territory.  The number
76.18 	of signatures must equal at least five percent of the number of
76.19 	persons voting in the unorganized territory in the last general
76.20 	election.  If such a petition is timely filed, the resolution is
76.21 	not effective until it has been submitted to the voters residing
76.22 	in the unorganized territory at a general or special election
76.23 	held on a date specified in section 204D.035, subdivision 3,and
76.24 	a majority of votes cast on the question of approving the
76.25 	resolution are in the affirmative.  The commissioner of revenue
76.26 	shall prepare a suggested form of question to be presented at
76.27 	the referendum.

76.28 	Sec. 16. Minnesota Statutes 2004, section 475.521,
76.29 	subdivision 2, is amended to read:
76.30 		Subd. 2.Election requirement.  (a) Bonds issued by a
76.31 	city to finance capital improvements under an approved capital
76.32 	improvements plan are not subject to the election requirements
76.33 	of section 475.58.  The bonds are subject to the net debt limits
76.34 	under section 475.53.  The bonds must be approved by an
76.35 	affirmative vote of three-fifths of the members of a five-member
76.36 	city council.  In the case of a city council having more than
77.1 	five members, the bonds must be approved by a vote of at least
77.2 	two-thirds of the city council.
77.3 	(b) Before the issuance of bonds qualifying under this
77.4 	section, the city must publish a notice of its intention to
77.5 	issue the bonds and the date and time of the hearing to obtain
77.6 	public comment on the matter.  The notice must be published in
77.7 	the official newspaper of the city or in a newspaper of general
77.8 	circulation in the city.  Additionally, the notice may be posted
77.9 	on the official Web site, if any, of the city.  The notice must
77.10 	be published at least 14 but not more than 28 days before the
77.11 	date of the hearing.
77.12 	(c) A city may issue the bonds only after obtaining the
77.13 	approval of a majority of the voters voting on the question of
77.14 	issuing the obligations, if a petition requesting a vote on the
77.15 	issuance is signed by voters equal to five percent of the votes
77.16 	cast in the city in the last general election and is filed with
77.17 	the city clerk within 30 days after the public hearing.  The
77.18 	commissioner of revenue shall prepare a suggested form of the
77.19 	question to be presented at the election. The election must be
77.20 	held on a date specified in section 204D.035, subdivision 3.

77.21 	Sec. 17. Minnesota Statutes 2004, section 475.58,
77.22 	subdivision 1, is amended to read:
77.23 		Subdivision 1.Approval by electors; exceptions.
 77.24 	Obligations authorized by law or charter may be issued by any
77.25 	municipality upon obtaining the approval of a majority of the
77.26 	electors voting at a special or general election held on a date
77.27 	specified in section 204D.035, subdivision 3,on the question of
77.28 	issuing the obligations, but an election shall not be required
77.29 	to authorize obligations issued:
77.30 	(1) to pay any unpaid judgment against the municipality;
77.31 	(2) for refunding obligations;
77.32 	(3) for an improvement or improvement program, which
77.33 	obligation is payable wholly or partly from the proceeds of
77.34 	special assessments levied upon property specially benefited by
77.35 	the improvement or by an improvement within the improvement
77.36 	program, or of taxes levied upon the increased value of property
78.1 	within a district for the development of which the improvement
78.2 	is undertaken, including obligations which are the general
78.3 	obligations of the municipality, if the municipality is entitled
78.4 	to reimbursement in whole or in part from the proceeds of such
78.5 	special assessments or taxes and not less than 20 percent of the
78.6 	cost of the improvement or the improvement program is to be
78.7 	assessed against benefited property or is to be paid from the
78.8 	proceeds of federal grant funds or a combination thereof, or is
78.9 	estimated to be received from such taxes within the district;
78.10 	(4) payable wholly from the income of revenue producing
78.11 	conveniences;
78.12 	(5) under the provisions of a home rule charter which
78.13 	permits the issuance of obligations of the municipality without
78.14 	election;
78.15 	(6) under the provisions of a law which permits the
78.16 	issuance of obligations of a municipality without an election;
78.17 	(7) to fund pension or retirement fund liabilities pursuant
78.18 	to section 475.52, subdivision 6;
78.19 	(8) under a capital improvement plan under section 373.40;
78.20 	and
78.21 	(9) under sections 469.1813 to 469.1815 (property tax
78.22 	abatement authority bonds), if the proceeds of the bonds are not
78.23 	used for a purpose prohibited under section 469.176, subdivision
78.24 	4g, paragraph (b).

78.25 	Sec. 18. Minnesota Statutes 2004, section 475.58,
78.26 	subdivision 1a, is amended to read:
78.27 		Subd. 1a.Resubmission limitation.  If the electors do
78.28 	not approve the issuing of obligations at an election required
78.29 	by subdivision 1, the question of authorizing the obligations
78.30 	for the same purpose and in the same amount may not be submitted
78.31 	to the electors within a period of until a special or general
78.32 	election held on a date specified in section 204D.035,
78.33 	subdivision 3, and not sooner than 180 days from the date the
78.34 	election was held.  If the question of authorizing the
78.35 	obligations for the same purpose and in the same amount is not
78.36 	approved a second time it may not be submitted to the electors
79.1 	within a period of one year after the second election.

79.2 	Sec. 19. Minnesota Statutes 2004, section 475.59, is
79.3 	amended to read:
79.4 	475.59 MANNER OF SUBMISSION; NOTICE.
79.5 	When the governing body of a municipality resolves to issue
79.6 	bonds for any purpose requiring the approval of the electors, it
79.7 	shall provide for submission of the proposition of their
79.8 	issuance at a general or special election held on a date
79.9 	specified in section 204D.035, subdivision 3,or at a town or
79.10 	common school district meeting.  Notice of such election or
79.11 	meeting shall be given in the manner required by law and shall
79.12 	state the maximum amount and the purpose of the proposed issue.
79.13 	In any school district, the school board or board of education
79.14 	may, according to its judgment and discretion, submit as a
79.15 	single ballot question or as two or more separate questions in
79.16 	the notice of election and ballots the proposition of their
79.17 	issuance for any one or more of the following, stated
79.18 	conjunctively or in the alternative:  acquisition or enlargement
79.19 	of sites, acquisition, betterment, erection, furnishing,
79.20 	equipping of one or more new schoolhouses, remodeling,
79.21 	repairing, improving, adding to, betterment, furnishing,
79.22 	equipping of one or more existing schoolhouses.  In any city,
79.23 	town, or county, the governing body may, according to its
79.24 	judgment and discretion, submit as a single ballot question or
79.25 	as two or more separate questions in the notice of election and
79.26 	ballots the proposition of their issuance, stated conjunctively
79.27 	or in the alternative, for the acquisition, construction, or
79.28 	improvement of any facilities at one or more locations.

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

79.32 	Sec. 21. EFFECTIVE DATE.
 79.33 	This article is effective January 1, 2006.  Section 17 is
79.34 	effective for obligations authorized at an election held after
79.35 	January 1, 2006.

79.36 	ARTICLE 6
80.1 	CAMPAIGN FINANCE

80.2 	Section 1. Minnesota Statutes 2004, section 10A.01, is
80.3 	amended by adding a subdivision to read:
80.4 		Subd. 16a.Electioneering communication. "Electioneering
80.5 	communication" means a broadcast communication that refers to a
80.6 	clearly identified candidate and is made within 60 days before a
80.7 	general or special election or 30 days before a primary or
80.8 	special primary for the office sought by the candidate.
80.9 	Electioneering communication does not include:
80.10 	(1) a communication appearing in a news story, commentary,
80.11 	or editorial distributed by a broadcasting station or newspaper,
80.12 	unless the broadcasting station or newspaper is owned or
80.13 	controlled by a political party unit, political committee, or
80.14 	candidate;
80.15 	(2) a campaign expenditure; or 
80.16 	(3) an independent expenditure.

80.17 	Sec. 2. Minnesota Statutes 2004, section 10A.14,
80.18 	subdivision 1, is amended to read:
80.19 		Subdivision 1.First registration.  The treasurer of a
80.20 	political committee, political fund, principal campaign
80.21 	committee, or party unit must register with the board by filing
80.22 	a statement of organization no later than 14 days 48 hours after
80.23 	the committee, fund, or party unit has made a contribution,
80.24 	received contributions, or made expenditures in excess of $100.

80.25 	Sec. 3. [10A.165] COORDINATED ELECTIONEERING
80.26 	COMMUNICATIONS; CONTRIBUTIONS; EXPENDITURES.
80.27 	If an individual, political committee, political fund, or
80.28 	political party unit makes an expenditure for an electioneering
80.29 	communication as defined in section 10A.01, subdivision 16a,
80.30 	that is coordinated with a principal campaign committee or
80.31 	political party unit, the electioneering communication
80.32 	constitutes a contribution to, and an expenditure by, the
80.33 	principal campaign committee of the candidate named in the
80.34 	electioneering communication or of the political party unit
80.35 	whose candidate is named in the electioneering communication.

80.36 	Sec. 4. Minnesota Statutes 2004, section 10A.20, is
81.1 	amended by adding a subdivision to read:
81.2 		Subd. 6c.Electioneering communication. An individual,
81.3 	political committee, political fund, or political party unit
81.4 	that makes or contracts to make an expenditure for an
81.5 	electioneering communication in an aggregate amount in excess of
81.6 	$500 within 60 days before a general or special election or 30
81.7 	days before a primary or special primary for the office sought
81.8 	by the candidate identified in the electioneering communication
81.9 	must, within 24 hours of making the expenditure, file a report
81.10 	with the board containing the following information:
81.11 	(1) the amount of each expenditure over $100, the name and
81.12 	address of the person to whom the expenditure was made or
81.13 	contracted to be made, and the purpose of the expenditure;
81.14 	(2) the election or primary to which each electioneering
81.15 	communication pertains and the name of any candidate to be
81.16 	identified in the electioneering communication; and 
81.17 	(3) in the case of a report filed by an individual, the
81.18 	name, address, and employer or occupation, if self-employed, of
81.19 	the individual making or contracting to make the electioneering
81.20 	communication.
81.21 	An additional report containing the information specified
81.22 	in this subdivision must be filed within 24 hours after each
81.23 	time an expenditure for an electioneering communication in an
81.24 	aggregate amount exceeding $500 is made or contracted to be made
81.25 	within 60 days before a general or special election or 30 days
81.26 	before a primary or special primary for the office sought by the
81.27 	candidate.

81.28 	Sec. 5. Minnesota Statutes 2004, section 10A.20, is
81.29 	amended by adding a subdivision to read:
81.30 		Subd. 6d.Independent expenditures. (a) An individual,
81.31 	political committee, political party unit, or political fund
81.32 	must file a report with the board each time the individual,
81.33 	political committee, political party unit, or political fund
81.34 	makes or contracts to make, at any time up to and including the
81.35 	20th day before an election, independent expenditures in an
81.36 	aggregate amount in excess of $500.  The report must be filed
82.1 	within 48 hours after initially making or contracting to make
82.2 	such expenditures.  An additional report must be filed within 48
82.3 	hours after each time an independent expenditure in an aggregate
82.4 	amount in excess of $500 is made or contracted to be made, up to
82.5 	and including the 20th day before an election.  The report must
82.6 	include the information required to be reported under
82.7 	subdivision 3, paragraph (g), except that if the expenditure is
82.8 	reported at the time it is contracted, the report must include
82.9 	the contract amount.  The report must also indicate (1) the name
82.10 	and office sought by a candidate named in the independent
82.11 	expenditure and (2) whether the independent expenditure
82.12 	expressly advocates the candidate's election or defeat.
82.13 	(b) An individual, political committee, political party
82.14 	unit, or political fund must file a report with the board each
82.15 	time the individual, political committee, political party unit,
82.16 	or political fund makes or contracts to make, between the 19th
82.17 	day and the last day before an election, an independent
82.18 	expenditure in an aggregate amount in excess of $100.  The
82.19 	report must be filed within 24 hours after initially making or
82.20 	contracting to make such expenditures.  An additional report
82.21 	must be filed within 24 hours after making or contracting to
82.22 	make an independent expenditure in an aggregate amount in excess
82.23 	of $100 at any time up to and including the 20th day before an
82.24 	election.  The report must include the information required to
82.25 	be reported under subdivision 3, paragraph (g), except that if
82.26 	the expenditure is reported at the time it is contracted, the
82.27 	report must include the contract amount.  The report must also
82.28 	indicate (1) the name and office sought by a candidate named in
82.29 	the independent expenditure and (2) whether the independent
82.30 	expenditure expressly advocates the candidate's election or
82.31 	defeat.

82.32 	Sec. 6. Minnesota Statutes 2004, section 10A.20, is
82.33 	amended by adding a subdivision to read:
82.34 		Subd. 6e.Encouraging voter participation. (a) An
82.35 	individual or association that makes or contracts to make an
82.36 	expenditure to encourage precinct caucus attendance, voter
83.1 	registration, or voting in an aggregate amount in excess of $200
83.2 	during a calendar year must, within 24 hours of making or
83.3 	contracting to make such an expenditure, file a report with the
83.4 	board containing:
83.5 	(1) the amount of each expenditure over $100, the name and
83.6 	address of the person to whom the expenditure was made or
83.7 	contracted to be made, and the purpose of the expenditure; and 
83.8 	(2) the election or primary to which each expenditure
83.9 	pertains.
83.10 	(b) An additional report containing the information
83.11 	specified in this subdivision must be filed within 24 hours
83.12 	after each time an expenditure subject to this subdivision is
83.13 	made or contracted to be made during the calendar year.

83.14 	Sec. 7. Minnesota Statutes 2004, section 10A.25,
83.15 	subdivision 2, is amended to read:
83.16 		Subd. 2.Amounts.  (a) In a year in which an election is
83.17 	held for an office sought by a candidate, the principal campaign
83.18 	committee of the candidate must not make campaign expenditures
83.19 	nor permit approved expenditures to be made on behalf of the
83.20 	candidate that result in aggregate expenditures in excess of the
83.21 	following:
83.22 	(1) for governor and lieutenant governor, running together,
83.23 	$2,188,090 $2,500,000;
83.24 	(2) for attorney general, $364,690 $1,250,000;
83.25 	(3) for secretary of state and state auditor, separately,
83.26 	$182,350 $625,000;
83.27 	(4) for state senator, $54,740;
83.28 	(5) for state representative, $28,400.
83.29 	(b) In addition to the amount in paragraph (a), clause (1),
83.30 	a candidate for endorsement for the office of lieutenant
83.31 	governor at the convention of a political party may make
83.32 	campaign expenditures and approved expenditures of five percent
83.33 	of that amount to seek endorsement.
83.34 	(c) If a special election cycle occurs during a general
83.35 	election cycle, expenditures by or on behalf of a candidate in
83.36 	the special election do not count as expenditures by or on
84.1 	behalf of the candidate in the general election.
84.2 	(d) The expenditure limits in this subdivision for an
84.3 	office are increased by ten percent for a candidate who is
84.4 	running for that office for the first time and who has not run
84.5 	previously for any other office whose territory now includes a
84.6 	population that is more than one-third of the population in the
84.7 	territory of the new office.

84.8 	Sec. 8. [10A.258] PARTY UNIT INDEPENDENT EXPENDITURE
84.9 	LIMITS.
84.10 	A political party unit that has signed an agreement under
84.11 	section 10A.322 and participates in the political contribution
84.12 	refund program must not make aggregate independent expenditures
84.13 	in a race in excess of $2,000.

84.14 	Sec. 9. Minnesota Statutes 2004, section 10A.322, is
84.15 	amended by adding a subdivision to read:
84.16 		Subd. 1a.Political party agreement. As a condition of
84.17 	issuing political contribution refund receipts under subdivision
84.18 	4, a political party unit must sign and file with the board a
84.19 	written agreement in which the political party unit agrees that
84.20 	it will comply with section 10A.258.  A political party unit may
84.21 	obtain an agreement form from the board and must file the form
84.22 	by September 1 preceding a general election in connection with
84.23 	which the political party unit intends to issue refund receipt
84.24 	forms.  An agreement may not be filed after that date.  Once
84.25 	filed, an agreement may not be rescinded.  The board must notify
84.26 	the commissioner of revenue of any agreement filed under this
84.27 	subdivision.

84.28 	Sec. 10. Minnesota Statutes 2004, section 10A.322,
84.29 	subdivision 2, is amended to read:
84.30 		Subd. 2.How long agreement is effective. (a) The
84.31 	agreement, insofar as it relates to the expenditure limits in
84.32 	section 10A.25, as adjusted by section 10A.255, and the
84.33 	contribution limit in section 10A.27, subdivision 10, remains
84.34 	effective for candidates until the dissolution of the principal
84.35 	campaign committee of the candidate or the end of the first
84.36 	election cycle completed after the agreement was filed,
85.1 	whichever occurs first.
85.2 	(b) The agreement, insofar as it relates to the independent
85.3 	expenditure limits in section 10A.258, remains effective for
85.4 	political party units until the end of the first election cycle
85.5 	completed after the agreement was filed.

85.6 	Sec. 11. Minnesota Statutes 2004, section 10A.322,
85.7 	subdivision 4, is amended to read:
85.8 		Subd. 4.Refund receipt forms; penalty.  The board must
85.9 	make available to a political party on request that has filed an
85.10 	agreement under subdivision 1a and to any candidate for whom an
85.11 	agreement under this section is effective, a supply of official
85.12 	refund receipt forms that state in boldface type that (1) a
85.13 	contributor who is given a receipt form is eligible to claim a
85.14 	refund as provided in section 290.06, subdivision 23, and (2) if
85.15 	the contribution is to a candidate, that the candidate has
85.16 	signed an agreement to limit campaign expenditures as provided
85.17 	in this section; or, if the contribution is to a political party
85.18 	unit, that the political party unit has signed an agreement to
85.19 	limit independent expenditures as provided in subdivision 1a.
85.20 	The forms must provide duplicate copies of the receipt to be
85.21 	attached to the contributor's claim.  A candidate who or
85.22 	political party unit that does not sign an agreement under this
85.23 	section and who willfully issues an official refund receipt form
85.24 	or a facsimile of one to any of the candidate's or political
85.25 	party unit's contributors is guilty of a misdemeanor.

85.26 	Sec. 12. Minnesota Statutes 2004, section 290.06,
85.27 	subdivision 23, is amended to read:
85.28 		Subd. 23.Refund of contributions to political parties
85.29 	and candidates.  (a) A taxpayer may claim a refund equal to the
85.30 	amount of the taxpayer's contributions made in the calendar year
85.31 	to candidates and to a political party.  The maximum refund for
85.32 	an individual must not exceed $50 and for a married couple,
85.33 	filing jointly, must not exceed $100.  A refund of a
85.34 	contribution is allowed only if the taxpayer files a form
85.35 	required by the commissioner and attaches to the form a copy of
85.36 	an official refund receipt form issued by the candidate or party
86.1 	and signed by the candidate, the treasurer of the candidate's
86.2 	principal campaign committee, or the chair or treasurer of the
86.3 	party unit, after the contribution was received.  The receipt
86.4 	forms must be numbered, and the data on the receipt that are not
86.5 	public must be made available to the campaign finance and public
86.6 	disclosure board upon its request.  A claim must be filed with
86.7 	the commissioner no sooner than January 1 of the calendar year
86.8 	in which the contribution was made and no later than April 15 of
86.9 	the calendar year following the calendar year in which the
86.10 	contribution was made.  A taxpayer may file only one claim per
86.11 	calendar year.  Amounts paid by the commissioner after June 15
86.12 	of the calendar year following the calendar year in which the
86.13 	contribution was made must include interest at the rate
86.14 	specified in section 270.76.
86.15 	(b) No refund is allowed under this subdivision for a
86.16 	contribution to a candidate or political party unless the
86.17 	candidate or political party unit:
86.18 	(1) has signed an agreement to limit campaign expenditures
86.19 	as provided in section 10A.322;
86.20 	(2) in the case of a candidate,is seeking an office for
86.21 	which voluntary spending limits are specified in section 10A.25;
86.22 	and
86.23 	(3) in the case of a candidate,has designated a principal
86.24 	campaign committee.
86.25 	This subdivision does not limit the independent
86.26 	expenditures of a political party unit or the campaign
86.27 	expenditures of a candidate who does not sign an agreement but
86.28 	accepts a contribution for which the contributor improperly
86.29 	claims a refund.
86.30 	(c) For purposes of this subdivision, "political party"
86.31 	means a major political party as defined in section 200.02,
86.32 	subdivision 7, or a minor political party qualifying for
86.33 	inclusion on the income tax or property tax refund form under
86.34 	section 10A.31, subdivision 3a.
86.35 	A "major party" or "minor party" includes the aggregate of
86.36 	that party's organization within each house of the legislature,
87.1 	the state party organization, and the party organization within
87.2 	congressional districts, counties, legislative districts,
87.3 	municipalities, and precincts.
87.4 	"Candidate" means a candidate as defined in section 10A.01,
87.5 	subdivision 10, except a candidate for judicial office.
87.6 	"Contribution" means a gift of money.
87.7 	(d) The commissioner shall make copies of the form
87.8 	available to the public and candidates upon request.
87.9 	(e) The following data collected or maintained by the
87.10 	commissioner under this subdivision are private:  the identities
87.11 	of individuals claiming a refund, the identities of candidates
87.12 	to whom those individuals have made contributions, and the
87.13 	amount of each contribution.
87.14 	(f) The commissioner shall report to the campaign finance
87.15 	and public disclosure board by each August 1 a summary showing
87.16 	the total number and aggregate amount of political contribution
87.17 	refunds made on behalf of each candidate and each political
87.18 	party.  These data are public.
87.19 	(g) The amount necessary to pay claims for the refund
87.20 	provided in this section is appropriated from the general fund
87.21 	to the commissioner of revenue.
87.22 	(h) For a taxpayer who files a claim for refund via the
87.23 	Internet or other electronic means, the commissioner may accept
87.24 	the number on the official receipt as documentation that a
87.25 	contribution was made rather than the actual receipt as required
87.26 	by paragraph (a).

87.27 	Sec. 13. INTERNET CAMPAIGN REPORTING AND PUBLIC SUBSIDY
87.28 	PAYMENT STUDY.
 87.29 	A work group is established to study the feasibility of
87.30 	creating an online campaign finance reporting and public subsidy
87.31 	payment system.  The work group must study the initial costs and
87.32 	long-term savings of creating a system for filing online all
87.33 	reports required by Minnesota Statutes, chapter 10A, and for
87.34 	electronically making subsidy payments under Minnesota Statutes,
87.35 	chapter 10A.  The work group must report to the chairs of the
87.36 	Civil Law and Elections Committee and the State Government
88.1 	Finance Committee in the house of representatives and the chairs
88.2 	of the Elections Committee and the State Government Budget
88.3 	Division of the Finance Committee in the senate by January 15,
88.4 	2006.
88.5 	The work group shall consist of one member of the Campaign
88.6 	Finance and Public Disclosure Board designated by the chair of
88.7 	the board, three members appointed by the governor, three
88.8 	members appointed by the speaker of the house, and three members
88.9 	appointed by the senate Committee on Committees.
88.10 	The Campaign Finance and Public Disclosure Board and the
88.11 	Department of Revenue must provide staff resources to the work
88.12 	group.