1.1 	A bill for an act
1.2 	relating to elections; setting standards for and
1.3 	providing for the acquisition of electronic voting
1.4 	systems; appropriating money from the Help America
1.5 	Vote Act account; amending Minnesota Statutes 2004,
1.6 	sections 201.022, by adding a subdivision; 204B.14,
1.7 	subdivision 2; 206.56, subdivisions 2, 3, 7, 8, 9, by
1.8 	adding subdivisions; 206.57, subdivisions 1, 5, by
1.9 	adding a subdivision; 206.61, subdivisions 4, 5;
1.10 	206.64, subdivision 1; 206.80; 206.81; 206.82,
1.11 	subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3,
1.12 	6; 206.85, subdivision 1; 206.90, subdivisions 1, 5,
1.13 	6, 8, 9; proposing coding for new law in Minnesota
1.14 	Statutes, chapter 206.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 201.022, is
1.17 	amended by adding a subdivision to read:
1.18 		Subd. 3.Consultation with local officials. The
1.19 	secretary of state must consult with representatives of local
1.20 	election officials in the development of the statewide voter
1.21 	registration system.

1.22 	Sec. 2. Minnesota Statutes 2004, section 204B.14,
1.23 	subdivision 2, is amended to read:
1.24 		Subd. 2.Separate precincts; combined polling place.  (a)
1.25 	The following shall constitute at least one election precinct:
1.26 	(1) each city ward; and
1.27 	(2) each town and each statutory city.
1.28 	(b) A single, accessible, combined polling place may be
1.29 	established no later than June 1 of any year:
1.30 	(1) for any city of the third or fourth class, any town, or
2.1 	any city having territory in more than one county, in which all
2.2 	the voters of the city or town shall cast their ballots;
2.3 	(2) for two contiguous precincts in the same municipality
2.4 	that have a combined total of fewer than 500 registered voters;
2.5 	or 
2.6 	(3) for up to four contiguous municipalities located
2.7 	entirely outside the metropolitan area, as defined by section
2.8 	473.121, subdivision 2, that are contained in the same county;
2.9 	or 
2.10 	(4) for noncontiguous precincts located in one or more
2.11 	counties.
2.12 	A copy of the ordinance or resolution establishing a
2.13 	combined polling place must be filed with the county auditor
2.14 	within 30 days after approval by the governing body.  A polling
2.15 	place combined under clause (3) must be approved by the
2.16 	governing body of each participating municipality. A polling
2.17 	place combined under clause (4) must be approved by the
2.18 	governing body of each participating municipality and the
2.19 	secretary of state and may be located outside any of the
2.20 	noncontiguous precincts.A municipality withdrawing from
2.21 	participation in a combined polling place must do so by filing a
2.22 	resolution of withdrawal with the county auditor no later than
2.23 	May 1 of any year.
2.24 	The secretary of state shall provide a separate polling
2.25 	place roster for each precinct served by the combined polling
2.26 	place.  A single set of election judges may be appointed to
2.27 	serve at a combined polling place.  The number of election
2.28 	judges required must be based on the total number of persons
2.29 	voting at the last similar election in all precincts to be
2.30 	voting at the combined polling place.  Separate ballot boxes
2.31 	must be provided for the ballots from each precinct.  The
2.32 	results of the election must be reported separately for each
2.33 	precinct served by the combined polling place, except in a
2.34 	polling place established under clause (2) where one of the
2.35 	precincts has fewer than ten registered voters, in which case
2.36 	the results of that precinct must be reported in the manner
3.1 	specified by the secretary of state.

3.2 	Sec. 3. Minnesota Statutes 2004, section 206.56, is
3.3 	amended by adding a subdivision to read:
3.4 		Subd. 1a.Assistive voting technology. "Assistive voting
3.5 	technology" means touch-activated screen, buttons, keypad,
3.6 	sip-and-puff input device, keyboard, earphones, or any other
3.7 	device used with an electronic ballot marker that assists voters
3.8 	to use an audio or electronic ballot display in order to cast
3.9 	votes.

3.10 	Sec. 4. Minnesota Statutes 2004, section 206.56, is
3.11 	amended by adding a subdivision to read:
3.12 		Subd. 1b.Audio ballot reader. "Audio ballot reader"
3.13 	means an audio representation of a ballot that can be used with
3.14 	other assistive voting technology to permit a voter to mark
3.15 	votes on a nonelectronic ballot or to securely transmit a ballot
3.16 	electronically to automatic tabulating equipment in the polling
3.17 	place.

3.18 	Sec. 5. Minnesota Statutes 2004, section 206.56,
3.19 	subdivision 2, is amended to read:
3.20 		Subd. 2.Automatic tabulating equipment.  "Automatic
3.21 	tabulating equipment" includes apparatus machines, resident
3.22 	firmware, and programmable memory units necessary to
3.23 	automatically examine and count votes designated on a 
3.24 	ballot cards, and data processing machines which can be used for
3.25 	counting ballots and tabulating results.

3.26 	Sec. 6. Minnesota Statutes 2004, section 206.56,
3.27 	subdivision 3, is amended to read:
3.28 		Subd. 3.Ballot.  "Ballot" includes ballot cards and 
3.29 	paper ballots, ballot cards, the paper ballot marked by an
3.30 	electronic marking device, and an electronic record of each vote
3.31 	cast by a voter at an election and securely transmitted
3.32 	electronically to automatic tabulating equipment in the polling
3.33 	place.

3.34 	Sec. 7. Minnesota Statutes 2004, section 206.56,
3.35 	subdivision 7, is amended to read:
3.36 		Subd. 7.Counting center.  "Counting center" means a
4.1 	place selected by the governing body of a municipality where an 
4.2 	a central count electronic voting system is used for the
4.3 	automatic processing and counting of ballots.

4.4 	Sec. 8. Minnesota Statutes 2004, section 206.56, is
4.5 	amended by adding a subdivision to read:
4.6 		Subd. 7a.Electronic ballot display. "Electronic ballot
4.7 	display" means a graphic representation of a ballot on a
4.8 	computer monitor or screen on which a voter may make vote
4.9 	choices for candidates and questions for the purpose of marking
4.10 	a nonelectronic ballot or securely transmitting an electronic
4.11 	ballot to automatic tabulating equipment in the polling place.

4.12 	Sec. 9. Minnesota Statutes 2004, section 206.56, is
4.13 	amended by adding a subdivision to read:
4.14 		Subd. 7b.Electronic ballot marker. "Electronic ballot
4.15 	marker" means equipment that is part of an electronic voting
4.16 	system that uses an electronic ballot display or audio ballot
4.17 	reader to:
4.18 	(1) mark a nonelectronic ballot with votes selected by a
4.19 	voter; or 
4.20 	(2) securely transmit a ballot electronically to automatic
4.21 	tabulating equipment in the polling place.

4.22 	Sec. 10. Minnesota Statutes 2004, section 206.56,
4.23 	subdivision 8, is amended to read:
4.24 		Subd. 8.Electronic voting system.  "Electronic voting
4.25 	system" means a system in which the voter records votes by means
4.26 	of marking or transmitting a ballot, which is designed so that
4.27 	votes may be counted by automatic tabulating equipment in the
4.28 	polling place where the ballot is cast or at a counting center.
4.29 	An electronic voting system includes automatic tabulating
4.30 	equipment; nonelectronic ballot markers; electronic ballot
4.31 	markers, including electronic ballot display, audio ballot
4.32 	reader, and devices by which the voter will register the voter's
4.33 	voting intent; software used to program automatic tabulators and
4.34 	layout ballots; computer programs used to accumulate precinct
4.35 	results; ballots; secrecy folders; system documentation; and
4.36 	system testing results.

5.1 	Sec. 11. Minnesota Statutes 2004, section 206.56,
5.2 	subdivision 9, is amended to read:
5.3 		Subd. 9.manual marking device.  " Manual marking device"
5.4 	means any approved device for directly marking a ballot by hand 
5.5 	with ink, pencil,or other substance which will enable the
5.6 	ballot to be tabulated by means of automatic tabulating
5.7 	equipment.

5.8 	Sec. 12. Minnesota Statutes 2004, section 206.57,
5.9 	subdivision 1, is amended to read:
5.10 		Subdivision 1.Examination and report by secretary of
5.11 	state; approval.  A vendor of an electronic voting system may
5.12 	apply to the secretary of state to examine the system and to
5.13 	report as to its compliance with the requirements of law and as
5.14 	to its accuracy, durability, efficiency, and capacity to
5.15 	register the will of voters.  The secretary of state or a
5.16 	designee shall examine the system submitted and file a report on
5.17 	it in the Office of the Secretary of State.  Examination is not
5.18 	required of every individual machine or counting device, but
5.19 	only of each type of electronic voting system before its
5.20 	adoption, use, or purchase and before its continued use after
5.21 	significant changes have been made in an approved system.  The
5.22 	examination must include the ballot programming,; electronic
5.23 	ballot marking, including all assistive technologies intended to
5.24 	be used with the system;vote counting,;and vote accumulation
5.25 	functions of each voting system.
5.26 	If the report of the secretary of state or the secretary's
5.27 	designee concludes that the kind of system examined complies
5.28 	with the requirements of sections 206.55 to 206.90 and can be
5.29 	used safely, the system shall be deemed approved by the
5.30 	secretary of state, and may be adopted and purchased for use at
5.31 	elections in this state.  A voting system not approved by the
5.32 	secretary of state may not be used at an election in this
5.33 	state.  The secretary of state may adopt permanent rules
5.34 	consistent with sections 206.55 to 206.90 relating to the
5.35 	examination and use of electronic voting systems.

5.36 	Sec. 13. Minnesota Statutes 2004, section 206.57,
6.1 	subdivision 5, is amended to read:
6.2 		Subd. 5.Voting system for disabled voters. In federal
6.3 	and state elections held after December 31, 2005, and in county,
6.4 	municipal, and school district elections held after December 31,
6.5 	2007,the voting method used in each polling place must include
6.6 	a voting system that is accessible for individuals with
6.7 	disabilities, including nonvisual accessibility for the blind
6.8 	and visually impaired in a manner that provides the same
6.9 	opportunity for access and participation, including privacy and
6.10 	independence, as for other voters.

6.11 	Sec. 14. Minnesota Statutes 2004, section 206.57, is
6.12 	amended by adding a subdivision to read:
6.13 		Subd. 7.Election assistance commission standards. If
6.14 	the federal Election Assistance Commission has not established
6.15 	by January 1, 2006, standards for an electronic ballot marker or
6.16 	other voting system component that is required to enable a
6.17 	voting system to meet the requirements of subdivision 5, the
6.18 	secretary of state may certify the voting system on an
6.19 	experimental basis pending the completion of federal standards,
6.20 	notwithstanding subdivision 6.  Within two years after the
6.21 	Election Assistance Commission issues standards for a voting
6.22 	system component used in a voting system authorized under this
6.23 	subdivision, the secretary of state must review or reexamine the
6.24 	voting system to determine whether the system conforms to
6.25 	federal standards.

6.26 	Sec. 15. Minnesota Statutes 2004, section 206.61,
6.27 	subdivision 4, is amended to read:
6.28 		Subd. 4.Order of candidates.  On the "State Partisan
6.29 	Primary Ballot" prepared for primary elections, and on the white
6.30 	ballot prepared for the general election, the order of the names
6.31 	of nominees or names of candidates for election shall be the
6.32 	same as required for paper ballots.  More than one column or row
6.33 	may be used for the same office or party. Electronic ballot
6.34 	display and audio ballot readers must conform to the candidate
6.35 	order on the optical scan ballot used in the precinct.

6.36 	Sec. 16. Minnesota Statutes 2004, section 206.61,
7.1 	subdivision 5, is amended to read:
7.2 		Subd. 5.Alternation.  The provisions of the election
7.3 	laws requiring the alternation of names of candidates must be
7.4 	observed as far as practicable by changing the order of the
7.5 	names on an electronic voting system in the various precincts so
7.6 	that each name appears on the machines or marking devices used
7.7 	in a municipality substantially an equal number of times in the
7.8 	first, last, and in each intermediate place in the list or group
7.9 	in which they belong.  However, the arrangement of candidates'
7.10 	names must be the same on all voting systems used in the same
7.11 	precinct.  If the number of names to be alternated exceeds the
7.12 	number of precincts, the election official responsible for
7.13 	providing the ballots, in accordance with subdivision 1, shall
7.14 	determine by lot the alternation of names.
7.15 	If an electronic ballot marker is used with a paper ballot
7.16 	that is not an optical scan ballot card, the manner of
7.17 	alternation of candidate names on the paper ballot must be as
7.18 	prescribed for optical scan ballots in this subdivision.  If a
7.19 	machine is used to securely transmit a ballot electronically to
7.20 	automatic tabulating equipment in the polling place, the manner
7.21 	of alternation of candidate names on the transmitting machine
7.22 	must be as prescribed for optical scan ballots in this
7.23 	subdivision.

7.24 	Sec. 17. Minnesota Statutes 2004, section 206.64,
7.25 	subdivision 1, is amended to read:
7.26 		Subdivision 1.General provisions for electronic system
7.27 	voting.  Each electronic voting system booth must be placed and
7.28 	protected so that it is accessible to only one voter at a time
7.29 	and is in full view of all the election judges and challengers
7.30 	at the polling place.  The election judges shall admit one
7.31 	individual at a time to each booth after determining that the
7.32 	individual is eligible to vote.  Voting by electronic voting
7.33 	system must be secret, except for voters who need request 
7.34 	assistance.  A voter may remain inside the voting booth for
7.35 	three minutes the time reasonably required for the voter to
7.36 	complete the ballot.  A voter who refuses to leave the voting
8.1 	booth after a reasonable amount of time, but not less than three
8.2 	minutes,must be removed by the election judges.

8.3 	Sec. 18. Minnesota Statutes 2004, section 206.80, is
8.4 	amended to read:
8.5 	206.80 ELECTRONIC VOTING SYSTEMS.
8.6 	(a) An electronic voting system may not be employed unless
8.7 	it:
8.8 	(1) permits every voter to vote in secret;
8.9 	(2) permits every voter to vote for all candidates and
8.10 	questions for whom or upon which the voter is legally entitled
8.11 	to vote;
8.12 	(3) provides for write-in voting when authorized;
8.13 	(4) automatically rejects by means of the automatic
8.14 	tabulating equipment, except as provided in section 206.84 with
8.15 	respect to write-in votes, all votes for an office or question
8.16 	when the number of votes cast on it exceeds the number which the
8.17 	voter is entitled to cast;
8.18 	(5) permits a voter at a primary election to select
8.19 	secretly the party for which the voter wishes to vote; and 
8.20 	(6) automatically rejects, by means of the automatic
8.21 	tabulating equipment,all votes cast in a primary election by a
8.22 	voter when the voter votes for candidates of more than one
8.23 	party; and 
8.24 	(7) provides every voter an opportunity to verify votes
8.25 	recorded on the permanent paper ballot or paper record, either
8.26 	visually or using assistive voting technology, and to change
8.27 	votes or correct any error before the voter's ballot is cast and
8.28 	counted, produces an individual, discrete, permanent, paper
8.29 	ballot or paper record of the ballot cast by the voter, and
8.30 	preserves the paper ballot or paper record as an official record
8.31 	available for use in any recount.
8.32 	(b) An electronic voting system purchased on or after the
8.33 	effective date of this section may not be employed unless it:
8.34 	(1) accepts and tabulates, in the polling place or at a
8.35 	counting center, a marked optical scan ballot;
8.36 	(2) creates a marked optical scan ballot that can be
9.1 	tabulated in the polling place or at a counting center by
9.2 	automatic tabulating equipment certified for use in this state;
9.3 	or 
9.4 	(3) securely transmits a ballot electronically to automatic
9.5 	tabulating equipment in the polling place while creating an
9.6 	individual, discrete, permanent paper record of each vote on the
9.7 	ballot.

9.8 	Sec. 19. [206.805] STATE VOTING SYSTEMS CONTRACTS.
9.9 		Subdivision 1.Contracts required. (a) The secretary of
9.10 	state, with the assistance of the commissioner of
9.11 	administration, shall establish one or more state voting systems
9.12 	contracts.  The contracts should, if practical, include
9.13 	provisions for maintenance of the equipment purchased.  The
9.14 	voting systems contracts must address precinct-based optical
9.15 	scan voting equipment, ballot marking equipment for persons with
9.16 	disabilities and other voters, and assistive voting machines
9.17 	that combine voting methods used for persons with disabilities
9.18 	with precinct-based optical scan voting machines.  The contracts
9.19 	must give the state a perpetual license to use and modify the
9.20 	software.  The contracts must include provisions to escrow the
9.21 	software source code, as provided in subdivision 2.  Bids for
9.22 	voting systems and related election services must be solicited
9.23 	from each vendor selling or leasing voting systems that have
9.24 	been certified for use by the secretary of state.  The contracts
9.25 	must be renewed from time to time.
9.26 	(b) The secretary of state shall appoint an advisory
9.27 	committee, including representatives of the state chief
9.28 	information officer, county auditors, municipal clerks who have
9.29 	had operational experience with the use of electronic voting
9.30 	systems, and members of the disabilities community to advise the
9.31 	secretary of state in reviewing and evaluating the merits of
9.32 	proposals submitted from voting equipment vendors for the state
9.33 	contracts.
9.34 	(c) Counties and municipalities may purchase or lease
9.35 	voting systems and obtain related election services from the
9.36 	state contracts.
10.1 		Subd. 2.Escrow of source code. The contracts must
10.2 	require the voting system vendor to provide a copy of the source
10.3 	code for the voting system to an independent third-party
10.4 	evaluator selected by the vendor, the secretary of state, and
10.5 	the chairs of the major political parties.  The evaluator must
10.6 	examine the source code and certify to the secretary of state
10.7 	that the voting system will record and count votes as
10.8 	represented by the vendor.  Source code that is trade secret
10.9 	information must be treated as nonpublic information, in
10.10 	accordance with section 13.37.  Each major political party may
10.11 	designate an agent to examine the source code to verify that the
10.12 	voting system will record and count votes as represented by the
10.13 	vendor; the agent must not disclose the source code to anyone
10.14 	else.

10.15 	Sec. 20. Minnesota Statutes 2004, section 206.81, is
10.16 	amended to read:
10.17 	206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
10.18 	(a) The secretary of state may approve certify an
10.19 	electronic voting system for experimental use at an election
10.20 	prior to its approval for general use.
10.21 	(b) The secretary of state must approve one or more direct
10.22 	recording electronic voting systems for experimental use at an
10.23 	election before their approval for general use and may impose
10.24 	restrictions on their use.  At least one voting system approved
10.25 	under this paragraph must permit sighted persons to vote and at
10.26 	least one system must permit a blind or visually impaired voter
10.27 	to cast a ballot independently and privately.
10.28 	(c) Experimental use must be observed by the secretary of
10.29 	state or the secretary's designee and the results observed must
10.30 	be considered at any subsequent proceedings for
10.31 	approval certification for general use.
10.32 	(d) (c) The secretary of state may adopt rules consistent
10.33 	with sections 206.55 to 206.90 relating to experimental use.
10.34 	The extent of experimental use must be determined by the
10.35 	secretary of state.

10.36 	Sec. 21. Minnesota Statutes 2004, section 206.82,
11.1 	subdivision 1, is amended to read:
11.2 		Subdivision 1.Program.  A program or programs for use in
11.3 	an election conducted by means of an electronic voting system or
11.4 	using an electronic ballot marker shall be prepared at the
11.5 	direction of the county auditor or municipal clerk who is
11.6 	responsible for the conduct of the election and shall be
11.7 	independently verified by a competent person designated by that
11.8 	official.  The term "competent person" as used in this section
11.9 	means a person who can demonstrate knowledge as a computer
11.10 	programmer and who is other than and wholly independent of any
11.11 	person operating or employed by the counting center or the
11.12 	corporation or other preparer of the program.  A test deck
11.13 	prepared by a competent person shall be used for independent
11.14 	verification of the program; it shall test the maximum digits
11.15 	used in totaling the returns and shall be usable by insertion
11.16 	during the tabulation process as well as prior to tabulation. A
11.17 	test deck must also be prepared using the electronic ballot
11.18 	marker program and must also be used to verify that all valid
11.19 	votes counted by the vote tabulator may be selected using the
11.20 	electronic ballot marker.The secretary of state shall adopt
11.21 	rules further specifying test procedures.

11.22 	Sec. 22. Minnesota Statutes 2004, section 206.82,
11.23 	subdivision 2, is amended to read:
11.24 		Subd. 2.Plan.  The municipal clerk in a municipality
11.25 	where an electronic voting system is used and the county auditor
11.26 	of a county in which an electronic voting system is used in more
11.27 	than one municipality and the county auditor of a county in
11.28 	which a counting center serving more than one municipality is
11.29 	located shall prepare a plan which indicates acquisition of
11.30 	sufficient facilities, computer time, and professional services
11.31 	and which describes the proposed manner of complying with
11.32 	section 206.80.  The plan must be signed, notarized, and
11.33 	submitted to the secretary of state more than 60 days before the
11.34 	first election at which the municipality uses an electronic
11.35 	voting system.  Prior to July 1 of each subsequent general
11.36 	election year, the clerk or auditor shall submit to the
12.1 	secretary of state notification of any changes to the plan on
12.2 	file with the secretary of state.  The secretary of state shall
12.3 	review each plan for its sufficiency and may request technical
12.4 	assistance from the Department of Administration or other agency
12.5 	which may be operating as the central computer authority.  The
12.6 	secretary of state shall notify each reporting authority of the
12.7 	sufficiency or insufficiency of its plan within 20 days of
12.8 	receipt of the plan.  The attorney general, upon request of the
12.9 	secretary of state, may seek a district court order requiring an
12.10 	election official to fulfill duties imposed by this subdivision
12.11 	or by rules promulgated pursuant to this section.

12.12 	Sec. 23. Minnesota Statutes 2004, section 206.83, is
12.13 	amended to read:
12.14 	206.83 TESTING OF VOTING SYSTEMS.
12.15 	Within 14 days before election day,the official in charge
12.16 	of elections shall have the voting system tested to ascertain
12.17 	that the system will correctly mark or securely transmit to
12.18 	automatic tabulating equipment in the polling place ballots
12.19 	using all methods supported by the system, including through
12.20 	assistive technology, and count the votes cast for all
12.21 	candidates and on all questions within 14 days prior to election
12.22 	day.  Public notice of the time and place of the test must be
12.23 	given at least two days in advance by publication once in
12.24 	official newspapers.  The test must be observed by at least two
12.25 	election judges, who are not of the same major political party,
12.26 	and must be open to representatives of the political parties,
12.27 	candidates, the press, and the public.  The test must be
12.28 	conducted by (1) processing a preaudited group of ballots
12.29 	punched or marked to record a predetermined number of valid
12.30 	votes for each candidate and on each question, and must include
12.31 	for each office one or more ballot cards which have votes in
12.32 	excess of the number allowed by law in order to test the ability
12.33 	of the voting system tabulator and electronic ballot marker to
12.34 	reject those votes; and (2) processing an additional test deck
12.35 	of ballots marked using the electronic ballot marker for the
12.36 	precinct, including ballots marked or ballots securely
13.1 	transmitted electronically to automatic tabulating equipment in
13.2 	the polling place using the electronic ballot display, audio
13.3 	ballot reader, and any assistive voting technology used with the
13.4 	electronic ballot marker.  If any error is detected, the cause
13.5 	must be ascertained and corrected and an errorless count must be
13.6 	made before the voting system may be used in the election.
13.7 	After the completion of the test, the programs used and ballot
13.8 	cards must be sealed, retained, and disposed of as provided for
13.9 	paper ballots.

13.10 	Sec. 24. Minnesota Statutes 2004, section 206.84,
13.11 	subdivision 1, is amended to read:
13.12 		Subdivision 1.Instruction of judges, voters.  The
13.13 	officials in charge of elections shall determine procedures to
13.14 	instruct election judges and voters in the use of electronic
13.15 	voting system manual marking devices and the electronic ballot
13.16 	marker, including assistive voting technology.

13.17 	Sec. 25. Minnesota Statutes 2004, section 206.84,
13.18 	subdivision 3, is amended to read:
13.19 		Subd. 3.Ballots.  The ballot information must be in the
13.20 	same order provided for paper ballots, except that the
13.21 	information may be in vertical or horizontal rows, or on a
13.22 	number of separate pages.  The secretary of state shall provide
13.23 	by rule for standard ballot formats for electronic voting
13.24 	systems. Electronic ballot displays and audio ballot readers
13.25 	shall be in the order provided for on the optical scan ballot.
13.26 	Electronic ballot displays may employ zooms or other devices as
13.27 	assistive voting technology.  Audio ballot readers may employ
13.28 	rewinds or audio cues as assistive voting technology.
13.29 	Ballot cards may contain special printed marks and holes as
13.30 	required for proper positioning and reading of the ballots by
13.31 	electronic vote counting equipment.  Ballot cards must contain
13.32 	an identification of the precinct for which they have been
13.33 	prepared which can be read visually and which can be tabulated
13.34 	by the automatic tabulating equipment.

13.35 	Sec. 26. Minnesota Statutes 2004, section 206.84,
13.36 	subdivision 6, is amended to read:
14.1 		Subd. 6.Duties of official in charge.  The official in
14.2 	charge of elections in each municipality where an electronic
14.3 	voting system is used shall have the voting systems put in
14.4 	order, set, adjusted, and made ready for voting when delivered
14.5 	to the election precincts.  The official shall also provide each
14.6 	precinct with a container for transporting ballot cards to the
14.7 	counting location after the polls close.  The container shall be
14.8 	of sturdy material to protect the ballots from all reasonably
14.9 	foreseeable hazards including auto collisions.  The election
14.10 	judges shall meet at the polling place at least one hour before
14.11 	the time for opening the polls.  Before the polls open the
14.12 	election judges shall compare the ballot cards used with the
14.13 	sample ballots, electronic ballot displays, and audio ballot
14.14 	reader furnished to see that the names, numbers, and letters on
14.15 	both agree and shall certify to that fact on forms provided for
14.16 	the purpose.  The certification must be filed with the election
14.17 	returns.

14.18 	Sec. 27. [206.845] BALLOT RECORDING AND COUNTING
14.19 	SECURITY.
14.20 		Subdivision 1.Prohibited connections. The county
14.21 	auditor and municipal clerk must secure ballot recording and
14.22 	tabulating systems physically and electronically against
14.23 	unauthorized access.  Except for wired connections within the
14.24 	polling place, ballot recording and tabulating systems must not
14.25 	be connected to or operated on, directly or indirectly, any
14.26 	electronic network, including a local area network, a wide-area
14.27 	network, the Internet, or the World Wide Web.  Wireless
14.28 	communications may not be used in any way in a vote recording or
14.29 	vote tabulating system.  Wireless, device-to-device capability
14.30 	is not permitted.  No connection by modem is permitted.
14.31 	Transfer of information from the ballot recording or
14.32 	tabulating system to another system for network distribution or
14.33 	broadcast must be made by disk, tape, or other physical means of
14.34 	communication, other than direct or indirect electronic
14.35 	connection of the vote recording or vote tabulating system.
14.36 		Subd. 2.Transmission to central reporting
15.1 	location. After the close of the polls, the head election judge
15.2 	must create a printed record of the results of the election for
15.3 	that precinct.  After the record has been printed, the head
15.4 	election judge in a precinct that employs automatic tabulating
15.5 	equipment may transmit the accumulated tally for each device to
15.6 	a central reporting location using a telephone, modem, Internet,
15.7 	or other electronic connection.  During the canvassing period,
15.8 	the results transmitted electronically must be considered
15.9 	unofficial until the canvassing board has performed a complete
15.10 	reconciliation of the results.

15.11 	Sec. 28. Minnesota Statutes 2004, section 206.85,
15.12 	subdivision 1, is amended to read:
15.13 		Subdivision 1.Duties of responsible official.  The
15.14 	official in charge of elections in a municipality where an
15.15 	electronic voting system is used at a counting center must:
15.16 	(a) be present or personally represented throughout the
15.17 	counting center proceedings;
15.18 	(b) be responsible for acquiring sufficient facilities and
15.19 	personnel to ensure timely and lawful processing of votes;
15.20 	(c) be responsible for the proper training of all personnel
15.21 	participating in counting center proceedings and deputize all
15.22 	personnel who are not otherwise election judges;
15.23 	(d) maintain actual control over all proceedings and be
15.24 	responsible for the lawful execution of all proceedings in the
15.25 	counting center whether or not by experts;
15.26 	(e) be responsible for assuring the lawful retention and
15.27 	storage of ballots and read-outs; and
15.28 	(f) arrange for observation by the public and by
15.29 	candidates' representatives of counting center procedures by
15.30 	publishing the exact location of the counting center in a legal
15.31 	newspaper at least once during the week preceding the week of
15.32 	election and in the newspaper of widest circulation once on the
15.33 	day preceding the election, or once the week preceding the
15.34 	election if the newspaper is a weekly.
15.35 	The official may make arrangements with news reporters
15.36 	which permit prompt reporting of election results but which do
16.1 	not interfere with the timely and lawful completion of counting
16.2 	procedures.

16.3 	Sec. 29. Minnesota Statutes 2004, section 206.90,
16.4 	subdivision 1, is amended to read:
16.5 		Subdivision 1.Definition.  For the purposes of this
16.6 	section, "optical scan voting system" means an electronic voting
16.7 	system approved for use under sections 206.80 to 206.81 in which
16.8 	the voter records votes by marking with a pencil or other
16.9 	writing instrument device, including an electronic ballot
16.10 	marker,a ballot on which the names of candidates, office
16.11 	titles, party designation in a partisan primary or election, and
16.12 	a statement of any question accompanied by the words "Yes" and
16.13 	"No" are printed.

16.14 	Sec. 30. Minnesota Statutes 2004, section 206.90,
16.15 	subdivision 5, is amended to read:
16.16 		Subd. 5.Instruction of judges, voters.  In instructing
16.17 	judges and voters under section 206.84, subdivision 1, officials
16.18 	in charge of election precincts using optical scan voting
16.19 	systems shall include instruction on the proper mark for
16.20 	recording votes on ballot cards marked with a pencil or other
16.21 	writing instrument and the insertion by the voter of the ballot
16.22 	card into automatic tabulating equipment that examines and
16.23 	counts votes as the ballot card is deposited into the ballot box.
16.24 	Officials shall include instruction on the insertion by the
16.25 	voter of the ballot card into an electronic ballot marker that
16.26 	can examine votes before the ballot card is deposited into the
16.27 	ballot box.

16.28 	Sec. 31. Minnesota Statutes 2004, section 206.90,
16.29 	subdivision 6, is amended to read:
16.30 		Subd. 6.Ballots.  In precincts using optical scan voting
16.31 	systems, a single ballot card on which all ballot information is
16.32 	included must be printed in black ink on white colored material
16.33 	except that marks not to be read by the automatic tabulating
16.34 	equipment may be printed in another color ink.
16.35 	On the front of the ballot must be printed the words
16.36 	"Official Ballot" and the date of the election and lines for the
17.1 	initials of at least two election judges.
17.2 	When optical scan ballots are used, the offices to be
17.3 	elected must appear in the following order:  federal offices;
17.4 	state legislative offices; constitutional offices; proposed
17.5 	constitutional amendments; county offices and questions;
17.6 	municipal offices and questions; school district offices and
17.7 	questions; special district offices and questions; and judicial
17.8 	offices.
17.9 	On optical scan ballots, the names of candidates and the
17.10 	words "yes" and "no" for ballot questions must be printed as
17.11 	close to their corresponding vote targets as possible.
17.12 	The line on an optical scan ballot for write-in votes must
17.13 	contain the words "write-in, if any."
17.14 	If a primary ballot contains both a partisan ballot and a
17.15 	nonpartisan ballot, the instructions to voters must include a
17.16 	statement that reads substantially as follows:  "THIS BALLOT
17.17 	CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON
17.18 	THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
17.19 	ONE POLITICAL PARTY ONLY."  If a primary ballot contains
17.20 	political party columns on both sides of the ballot, the
17.21 	instructions to voters must include a statement that reads
17.22 	substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE
17.23 	PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE
17.24 	POLITICAL PARTY ONLY."  At the bottom of each political party
17.25 	column on the primary ballot, the ballot must contain a
17.26 	statement that reads substantially as follows:  "CONTINUE VOTING
17.27 	ON THE NONPARTISAN BALLOT."  The instructions in section
17.28 	204D.08, subdivision 4, do not apply to optical scan partisan
17.29 	primary ballots. Electronic ballot displays and audio ballot
17.30 	readers must follow the order of offices and questions on the
17.31 	optical scan or paper ballot used in the same precinct, or the
17.32 	sample ballot posted for that precinct.

17.33 	Sec. 32. Minnesota Statutes 2004, section 206.90,
17.34 	subdivision 8, is amended to read:
17.35 		Subd. 8.Duties of election officials.  The official in
17.36 	charge of elections in each municipality where an optical scan
18.1 	voting system is used shall have the electronic ballot marker
18.2 	that examines and marks votes on ballot cards or the machine
18.3 	that securely transmits a ballot electronically to automatic
18.4 	tabulating equipment in the polling place and the automatic
18.5 	tabulating equipment that examines and counts votes as ballot
18.6 	cards are deposited into ballot boxes put in order, set,
18.7 	adjusted, and made ready for voting when delivered to the
18.8 	election precincts.

18.9 	Sec. 33. Minnesota Statutes 2004, section 206.90,
18.10 	subdivision 9, is amended to read:
18.11 		Subd. 9.Spoiled ballot cards.  Automatic tabulating
18.12 	equipment and electronic ballot markers must be capable of
18.13 	examining a ballot card for defects and returning it to the
18.14 	voter before it is counted and deposited into the ballot box and 
18.15 	must be programmed to return as a spoiled ballot a ballot card
18.16 	with votes for an office or question which exceed the number
18.17 	which the voter is entitled to cast and at a primary a ballot
18.18 	card with votes for candidates of more than one party.

18.19 	Sec. 34. APPROPRIATIONS.
 18.20 		Subdivision 1.Assistive voting technology. (a)
18.21 	$29,000,000 is appropriated from the Help America Vote Act
18.22 	account to the secretary of state for grants to counties for the
18.23 	following purposes:
18.24 	(1) to purchase electronic voting systems equipped for
18.25 	individuals with disabilities that meet the requirements of
18.26 	Minnesota Statutes, section 206.80, and have been certified by
18.27 	the secretary of state under Minnesota Statutes, section 206.57;
18.28 	the systems may be either ballot marking equipment for persons
18.29 	with disabilities and other voters or assistive voting machines
18.30 	that combine voting methods used for persons with disabilities
18.31 	with precinct-based optical scan voting machines;
18.32 	(2) to defray operating costs of the assistive voting
18.33 	equipment purchased under clause (1), up to $600 per polling
18.34 	place per year; and 
18.35 	(3) to the extent that money remains after purchasing an
18.36 	assistive voting system for each polling place, to purchase
19.1 	precinct-count or central-count optical scan electronic voting
19.2 	systems.
19.3 	This appropriation is available until June 30, 2009.
19.4 	(b) "Operating costs" include actual county and municipal
19.5 	costs for hardware maintenance, election day technical support,
19.6 	software licensing, system programming, voting system testing,
19.7 	training of county or municipal staff in the use of the
19.8 	assistive voting system, transportation of the assistive voting
19.9 	systems to and from the polling places, and storage of the
19.10 	assistive voting systems between elections.
19.11 	(c) The secretary of state shall allocate the amount to
19.12 	each county in proportion to the number of precincts used by the
19.13 	county in the state general election of 2004.
19.14 		Subd. 2.Optical scan equipment. $6,000,000 is
19.15 	appropriated from the Help America Vote Act account to the
19.16 	secretary of state for grants to counties to purchase optical
19.17 	scan voting equipment.  Counties are eligible for grants to the
19.18 	extent that they decide to purchase ballot marking machines and
19.19 	as a result do not have sufficient Help America Vote Act grant
19.20 	money remaining to also purchase a compatible precinct-based
19.21 	optical scan machine or central-count machine.  These grants
19.22 	must be allocated to counties at a rate of $3,000 per eligible
19.23 	precinct until the appropriation is exhausted, with priority in
19.24 	the payment of grants to be given to counties currently using
19.25 	hand- and central-count voting systems and counties using
19.26 	precinct-count optical scan voting systems incompatible with
19.27 	assistive voting systems or ballot marking machines.  This
19.28 	appropriation is available until June 30, 2009.
19.29 		Subd. 3.Grant application. To receive a grant under
19.30 	subdivision 1 or 2, a county must apply to the secretary of
19.31 	state on forms prescribed by the secretary of state that set
19.32 	forth how the grant money will be spent, which must be in
19.33 	accordance with the plan adopted under section 35.  A county may
19.34 	submit more than one grant application, so long as the
19.35 	appropriation remains available and the total amount granted to
19.36 	the county does not exceed the county's allocation.
20.1 		Subd. 4.Report; audit records. Each county receiving a
20.2 	grant under subdivision 1 or 2 must report to the secretary of
20.3 	state by January 15, 2006, the amount spent for the purchase of
20.4 	each kind of electronic voting system and for operating costs of
20.5 	the systems purchased.  The secretary of state shall compile
20.6 	this information and report it to the legislature by February
20.7 	15, 2006.
20.8 	In addition to the report required by this section, each
20.9 	county receiving a grant under this act must maintain financial
20.10 	records for each grant sufficient to satisfy federal audit
20.11 	standards and must transmit those records to the secretary of
20.12 	state upon request of the secretary of state.
20.13 		Subd. 5.Access to polling places. $290,000 is
20.14 	appropriated from the Help America Vote Act account to the
20.15 	secretary of state to make grants to counties and municipalities
20.16 	to improve access to polling places for individuals with
20.17 	disabilities, to be available until June 30, 2007.
20.18 		Subd. 6.Administrative costs. $3,000,000 is
20.19 	appropriated from the Help America Vote Act account to the
20.20 	secretary of state for the following purposes, to be available
20.21 	until June 30, 2007:
20.22 	(1) $1,218,000 to maintain the statewide voter registration
20.23 	system and to develop the capacity to handle registration and
20.24 	election transactions at the polling place;
20.25 	(2) $20,000 to verify voter registration data against the
20.26 	Department of Public Safety driver's license and Social Security
20.27 	number database;
20.28 	(3) $200,000 to make the statewide voter registration
20.29 	system available for use by local election officials;
20.30 	(4) $440,000 to assist local election officials using the
20.31 	statewide voter registration system;
20.32 	(5) $79,000 to develop and operate the system for matching
20.33 	Social Security numbers against driver's license records;
20.34 	(6) $83,000 for the state court administrator to automate
20.35 	the interchange of information between the state courts and the
20.36 	statewide voter registration system;
21.1 	(7) $200,000 to administer implementation of the Help
21.2 	America Vote Act and to audit the grants to counties and
21.3 	municipalities under this section;
21.4 	(8) $120,000 to process complaints received under Minnesota
21.5 	Statutes, section 200.04;
21.6 	(9) $40,000 to establish the state voting systems contracts
21.7 	required by new Minnesota Statutes, section 206.805, and to
21.8 	administer the grants to counties and municipalities under this
21.9 	section;
21.10 	(10) $200,000 to train local election officials on the use,
21.11 	maintenance, and implementation of the new electronic voting
21.12 	systems purchased with the appropriations in this section; and 
21.13 	(11) $400,000 to educate voters on how to vote using the
21.14 	new electronic voting systems purchased with the appropriations
21.15 	in this section.
21.16 		Subd. 7.Use of balance. Any balance remaining in the
21.17 	Help America Vote Act account after previous appropriations and
21.18 	the appropriations in this section is reserved for future
21.19 	appropriations to supplement those made in subdivisions 1 and 2
21.20 	of this section.

21.21 	Sec. 35. LOCAL EQUIPMENT PLANS.
 21.22 	(a) The county auditor shall convene a working group of all
21.23 	city, town, and school district election officials in each
21.24 	county to create a local equipment plan.  The working group must
21.25 	continue to meet until the plan is completed, which must be no
21.26 	later than September 15, 2005, or 45 days after state
21.27 	certification of assistive voting systems, whichever is later.
21.28 	The plan must:
21.29 	(1) contain procedures to implement voting systems as
21.30 	defined in Minnesota Statutes, section 206.80, in each polling
21.31 	location;
21.32 	(2) define who is responsible for any capital or operating
21.33 	costs related to election equipment not covered by federal money
21.34 	from the Help America Vote Act account; and 
21.35 	(3) outline how the federal money from the Help America
21.36 	Vote Act account will be spent.
22.1 	(b) A county plan must provide funding to purchase either
22.2 	precinct-based optical scan voting equipment or assistive voting
22.3 	machines that combine voting methods used for persons with
22.4 	disabilities with precinct-based optical scan voting machines
22.5 	for any precinct whose city or town requests it, if the
22.6 	requesting city or town agrees with the county on who will be
22.7 	responsible for operating and replacement costs related to the
22.8 	use of the precinct-based equipment.
22.9 	(c) The plan must be submitted to the secretary of state
22.10 	for review and comment.
22.11 	(d) The county board of commissioners must adopt the local
22.12 	equipment plan after a public hearing.  Money from the Help
22.13 	America Vote Act account may not be expended until the plan is
22.14 	adopted.  The county auditor shall file the adopted local
22.15 	equipment plan with the secretary of state.

22.16 	Sec. 36. MAIL BALLOTING.
 22.17 	Nothing in this act is intended to preclude the use of mail
22.18 	balloting in those precincts where it is allowed under state law.

22.19 	Sec. 37. EFFECTIVE DATE.
 22.20 	This act is effective the day following final enactment.