1.1 	A bill for an act
1.2 	relating to elections; clarifying the voting rights of
1.3 	persons under guardianship and persons with
1.4 	disabilities; permitting local governments to redraw
1.5 	election districts before the legislature has been
1.6 	redistricted; requiring new election for all members
1.7 	of a city council or county board following
1.8 	redistricting; permitting appointment of election
1.9 	judges not affiliated with a major political party;
1.10 	eliminating a requirement concerning major political
1.11 	party primary results; increasing disclosure of
1.12 	contributions and expenditures for local political
1.13 	campaigns; amending Minnesota Statutes 2004, sections
1.14 	201.014, subdivision 2; 201.061, subdivision 3;
1.15 	201.071, subdivision 1; 201.15; 204B.10, subdivision
1.16 	6; 204B.135, subdivision 1; 204B.14, subdivisions 1a,
1.17 	3; 204B.21, subdivision 2; 204C.08, subdivision 1a;
1.18 	204C.10; 204D.10, subdivision 1; 205.84, subdivision
1.19 	2; 211A.02, subdivisions 1, 2; 375.025, subdivision 4;
1.20 	524.5-310; repealing Minnesota Statutes 2004, section
1.21 	204D.10, subdivision 2.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	Section 1. Minnesota Statutes 2004, section 201.014,
1.24 	subdivision 2, is amended to read:
1.25 		Subd. 2.Not eligible.  The following individuals are not
1.26 	eligible to vote.  Any individual:
1.27 	(a) Convicted of treason or any felony whose civil rights
1.28 	have not been restored;
1.29 	(b) Under a guardianship of the person in which the court
1.30 	order provides that the ward does not retain revokes the ward's 
1.31 	right to vote; or
1.32 	(c) Found by a court of law to be legally incompetent.

1.33 	Sec. 2. Minnesota Statutes 2004, section 201.061,
2.1 	subdivision 3, is amended to read:
2.2 		Subd. 3.Election day registration.  An individual who is
2.3 	eligible to vote may register on election day by appearing in
2.4 	person at the polling place for the precinct in which the
2.5 	individual maintains residence, by completing a registration
2.6 	application, making an oath in the form prescribed by the
2.7 	secretary of state and providing proof of residence.  An
2.8 	individual may prove residence for purposes of registering by:
2.9 	(1) presenting a driver's license or Minnesota
2.10 	identification card issued pursuant to section 171.07;
2.11 	(2) presenting any document approved by the secretary of
2.12 	state as proper identification;
2.13 	(3) presenting one of the following:
2.14 	(i) a current valid student identification card from a
2.15 	postsecondary educational institution in Minnesota, if a list of
2.16 	students from that institution has been prepared under section
2.17 	135A.17 and certified to the county auditor in the manner
2.18 	provided in rules of the secretary of state; or
2.19 	(ii) a current student fee statement that contains the
2.20 	student's valid address in the precinct together with a picture
2.21 	identification card; or
2.22 	(4) having a voter who is registered to vote in the
2.23 	precinct sign an oath in the presence of the election judge
2.24 	vouching that the voter personally knows that the individual is
2.25 	a resident of the precinct.  A voter who has been vouched for on
2.26 	election day may not sign a proof of residence oath vouching for
2.27 	any other individual on that election day.
2.28 	For tribal band members living on an Indian reservation, an
2.29 	individual may prove residence for purposes of registering by
2.30 	presenting an identification card issued by the tribal
2.31 	government of a tribe recognized by the Bureau of Indian
2.32 	Affairs, United States Department of the Interior, that contains
2.33 	the name, street address, signature, and picture of the
2.34 	individual.  The county auditor of each county having territory
2.35 	within the reservation shall maintain a record of the number of
2.36 	election day registrations accepted under this section.
3.1 	A county, school district, or municipality may require that
3.2 	an election judge responsible for election day registration
3.3 	initial each completed registration application.

3.4 	Sec. 3. Minnesota Statutes 2004, section 201.071,
3.5 	subdivision 1, is amended to read:
3.6 		Subdivision 1.Form.  A voter registration application
3.7 	must be of suitable size and weight for mailing and contain
3.8 	spaces for the following required information:  voter's first
3.9 	name, middle name, and last name; voter's previous name, if any;
3.10 	voter's current address; voter's previous address, if any;
3.11 	voter's date of birth; voter's municipality and county of
3.12 	residence; voter's telephone number, if provided by the voter;
3.13 	date of registration; current and valid Minnesota driver's
3.14 	license number or Minnesota state identification number, or if
3.15 	the voter has no current and valid Minnesota driver's license or
3.16 	Minnesota state identification, the last four digits of the
3.17 	voter's Social Security number; and voter's signature.  The
3.18 	registration application may include the voter's e-mail address,
3.19 	if provided by the voter, and the voter's interest in serving as
3.20 	an election judge, if indicated by the voter.  The application
3.21 	must also contain the following certification of voter
3.22 	eligibility:
3.23 	"I certify that I:
3.24 	(1) will be at least 18 years old on election day;
3.25 	(2) am a citizen of the United States;
3.26 	(3) will have resided in Minnesota for 20 days immediately
3.27 	preceding election day;
3.28 	(4) maintain residence at the address given on the
3.29 	registration form;
3.30 	(5) am not under court-ordered guardianship of the person
3.31 	where I have not retained the in which the court order revokes
3.32 	my right to vote;
3.33 	(6) have not been found by a court to be legally
3.34 	incompetent to vote;
3.35 	(7) have not been convicted of a felony without having my
3.36 	civil rights restored; and
4.1 	(8) have read and understand the following statement:  that
4.2 	giving false information is a felony punishable by not more than
4.3 	five years imprisonment or a fine of not more than $10,000, or
4.4 	both."
4.5 	The certification must include boxes for the voter to
4.6 	respond to the following questions:
4.7 	"(1) Are you a citizen of the United States?" and
4.8 	"(2) Will you be 18 years old on or before election day?"
4.9 	And the instruction:
4.10 	"If you checked 'no' to either of these questions, do not
4.11 	complete this form."
4.12 	The form of the voter registration application and the
4.13 	certification of voter eligibility must be as provided in this
4.14 	subdivision and approved by the secretary of state.  Voter
4.15 	registration forms authorized by the National Voter Registration
4.16 	Act may also be accepted as valid.
4.17 	An individual may use a voter registration application to
4.18 	apply to register to vote in Minnesota or to change information
4.19 	on an existing registration.

4.20 	Sec. 4. Minnesota Statutes 2004, section 201.15, is
4.21 	amended to read:
4.22 	201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
4.23 	COMMITMENTS.
4.24 		Subdivision 1.Guardianships and incompetents. Pursuant
4.25 	to the Help America Vote Act of 2002, Public Law 107-252, the
4.26 	state court administrator shall report monthly by electronic
4.27 	means to the secretary of state the name, address, and date of
4.28 	birth of each individual 18 years of age or over, who during the
4.29 	month preceding the date of the report:
4.30 	(a) was placed under a guardianship of the person in which
4.31 	the court order provides that the ward does not retain revokes 
4.32 	the ward's right to vote; or
4.33 	(b) was adjudged legally incompetent.
4.34 	The court administrator shall also report the same
4.35 	information for each individual transferred to the jurisdiction
4.36 	of the court who meets a condition specified in clause (a) or
5.1 	(b).  The secretary of state shall determine if any of the
5.2 	persons in the report is registered to vote and shall prepare a
5.3 	list of those registrants for the county auditor.  The county
5.4 	auditor shall change the status on the record in the statewide
5.5 	registration system of any individual named in the report to
5.6 	indicate that the individual is not eligible to reregister or
5.7 	vote.
5.8 		Subd. 2.restoration to capacity guardianship termination
5.9 	or modification. Pursuant to the Help America Vote Act of 2002,
5.10 	Public Law 107-252, the state court administrator shall report
5.11 	monthly by electronic means to the secretary of state the name,
5.12 	address, and date of birth of each individual transferred from 
5.13 	whose guardianship to conservatorship or who is restored to
5.14 	capacity by the court was modified to restore the ward's right
5.15 	to vote or whose guardianship was terminated by order of the
5.16 	court under section 524.5-317after being ineligible to vote for
5.17 	any of the reasons specified in subdivision 1.  The secretary of
5.18 	state shall determine if any of the persons in the report is
5.19 	registered to vote and shall prepare a list of those registrants
5.20 	for the county auditor.  The county auditor shall change the
5.21 	status on the voter's record in the statewide registration
5.22 	system to "active."

5.23 	Sec. 5. Minnesota Statutes 2004, section 204B.10,
5.24 	subdivision 6, is amended to read:
5.25 		Subd. 6.Ineligible voter.  Upon receipt of a certified
5.26 	copy of a final judgment or order of a court of competent
5.27 	jurisdiction that a person who has filed an affidavit of
5.28 	candidacy or who has been nominated by petition:
5.29 	(1) has been convicted of treason or a felony and the
5.30 	person's civil rights have not been restored;
5.31 	(2) is under guardianship of the person in which the court
5.32 	order revokes the ward's right to vote; or
5.33 	(3) has been found by a court of law to be legally
5.34 	incompetent;
5.35 	the filing officer shall notify the person by certified mail at
5.36 	the address shown on the affidavit or petition, and shall not
6.1 	certify the person's name to be placed on the ballot.  The
6.2 	actions of a filing officer under this subdivision are subject
6.3 	to judicial review under section 204B.44.

6.4 	Sec. 6. Minnesota Statutes 2004, section 204B.135,
6.5 	subdivision 1, is amended to read:
6.6 		Subdivision 1.Cities with wards.  A city that elects its
6.7 	council members by wards may not redistrict those wards before
6.8 	the legislature has been redistricted in a year ending in one or
6.9 	two.  The wards must be redistricted within must redraw the ward
6.10 	boundaries, if necessary, no later than 60 days after the
6.11 	legislature has been redistricted or at least 19 weeks before
6.12 	the state primary election in the year ending in two, whichever
6.13 	is first.

6.14 	Sec. 7. Minnesota Statutes 2004, section 204B.14,
6.15 	subdivision 1a, is amended to read:
6.16 		Subd. 1a.Legislative policy.  It is the intention of the
6.17 	legislature to complete congressional and legislative
6.18 	redistricting activities in time to permit counties and
6.19 	municipalities to begin the process of reestablishing precinct
6.20 	boundaries as soon as possible after the adoption of the
6.21 	congressional and legislative redistricting plans but in no case 
6.22 	later than 25 weeks before the state primary election January 31 
6.23 	in the year ending in two.

6.24 	Sec. 8. Minnesota Statutes 2004, section 204B.14,
6.25 	subdivision 3, is amended to read:
6.26 		Subd. 3.Boundary changes; prohibitions; exception.
 6.27 	Notwithstanding other law or charter provisions to the contrary,
6.28 	during the period from January 1 in any year ending in zero to
6.29 	the time when the legislature has been redistricted April 1 in a 
6.30 	the next year ending in one or two, no changes may be made in
6.31 	the boundaries of any election precinct except as provided in
6.32 	this subdivision.
6.33 	(a) If a city annexes an unincorporated area located in the
6.34 	same county as the city and adjacent to the corporate boundary,
6.35 	the annexed area may be included in an election precinct
6.36 	immediately adjacent to it.
7.1 	(b) A municipality or county may establish new election
7.2 	precincts lying entirely within the boundaries of any existing
7.3 	precinct and shall assign names to the new precincts which
7.4 	include the name of the former precinct.
7.5 	(c) Precinct boundaries must be reestablished within 60
7.6 	days of the time when after the legislature has been
7.7 	redistricted, or at least 19 weeks before the state primary
7.8 	election in a year ending in two, whichever comes first.  The
7.9 	adoption of reestablished precinct boundaries becomes effective
7.10 	on the date of the state primary election in the year ending in
7.11 	two.
7.12 	Precincts must be arranged so that no precinct lies in more
7.13 	than one legislative or congressional district.

7.14 	Sec. 9. Minnesota Statutes 2004, section 204B.21,
7.15 	subdivision 2, is amended to read:
7.16 		Subd. 2.Appointing authority; powers and duties.
 7.17 	Election judges for precincts in a municipality shall be
7.18 	appointed by the governing body of the municipality.  Election
7.19 	judges for precincts in unorganized territory and for performing
7.20 	election-related duties assigned by the county auditor shall be
7.21 	appointed by the county board.  Election judges for a precinct
7.22 	composed of two or more municipalities must be appointed by the
7.23 	governing body of the municipality or municipalities responsible
7.24 	for appointing election judges as provided in the agreement to
7.25 	combine for election purposes.  Appointments shall be made from
7.26 	lists furnished pursuant to subdivision 1 subject to the
7.27 	eligibility requirements and other qualifications established or
7.28 	authorized under section 204B.19.  If no lists have been
7.29 	furnished or if additional election judges are required after
7.30 	all listed names have been exhausted, the appointing authority
7.31 	may appoint any other individual, whether or not affiliated with
7.32 	a major political party,to serve as an election judge subject
7.33 	to the same requirements and qualifications.  The appointments
7.34 	shall be made at least 25 days before the election at which the
7.35 	election judges will serve.

7.36 	Sec. 10. Minnesota Statutes 2004, section 204C.08,
8.1 	subdivision 1a, is amended to read:
8.2 		Subd. 1a.Voter's bill of rights.  The county auditor
8.3 	shall prepare and provide to each polling place sufficient
8.4 	copies of a poster setting forth the Voter's Bill of Rights as
8.5 	set forth in this section.  Before the hours of voting are
8.6 	scheduled to begin, the election judges shall post it in a
8.7 	conspicuous location or locations in the polling place.  The
8.8 	Voter's Bill of Rights is as follows:
8.9 	"VOTER'S BILL OF RIGHTS
8.10 	For all persons residing in this state who meet federal
8.11 	voting eligibility requirements:
8.12 	(1) You have the right to be absent from work for the
8.13 	purpose of voting during the morning of election day.
8.14 	(2) If you are in line at your polling place any time
8.15 	between 7:00 a.m. and 8:00 p.m., you have the right to vote.
8.16 	(3) If you can provide the required proof of residence, you
8.17 	have the right to register to vote and to vote on election day.
8.18 	(4) If you are unable to sign your name, you have the right
8.19 	to orally confirm your identity with an election judge and to
8.20 	direct another person to sign your name for you.
8.21 	(5) You have the right to request special assistance when
8.22 	voting.
8.23 	(6) If you are unable to enter the polling place, you have
8.24 	the right to request assistance and to vote at the polling place
8.25 	without leaving your vehicle.
8.26 	(7) If you need assistance, you may be accompanied into the
8.27 	voting booth by a person of your choice, except by an agent of
8.28 	your employer or union or a candidate.
8.29 	(7) (8) You have the right to bring your minor children
8.30 	into the polling place and into the voting booth with you.
8.31 	(8) (9) If you have been convicted of a felony but your
8.32 	civil rights have been restored, you have the right to vote.
8.33 	(9) (10) If you are under a guardianship, you have the
8.34 	right to vote, unless the court order revokes your right to vote.
8.35 	(11) You have the right to vote without anyone in the
8.36 	polling place trying to influence your vote.
9.1 	(10) (12) If you make a mistake or spoil your ballot before
9.2 	it is submitted, you have the right to receive a replacement
9.3 	ballot and vote.
9.4 	(11) (13) You have the right to file a written complaint at
9.5 	your polling place if you are dissatisfied with the way an
9.6 	election is being run.
9.7 	(12) (14) You have the right to take a sample ballot into
9.8 	the voting booth with you.
9.9 	(13) (15) You have the right to take a copy of this Voter's
9.10 	Bill of Rights into the voting booth with you."

9.11 	Sec. 11. Minnesota Statutes 2004, section 204C.10, is
9.12 	amended to read:
9.13 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF
9.14 	REGISTRATION.
9.15 	(a) An individual seeking to vote shall sign a polling
9.16 	place roster which states that the individual is at least 18
9.17 	years of age, a citizen of the United States, has resided in
9.18 	Minnesota for 20 days immediately preceding the election,
9.19 	maintains residence at the address shown, is not under a
9.20 	guardianship in which the individual has not retained court
9.21 	order revokes the individual's right to vote, has not been found
9.22 	by a court of law to be legally incompetent to vote or convicted
9.23 	of a felony without having civil rights restored, is registered
9.24 	and has not already voted in the election.  The roster must also
9.25 	state:  "I understand that deliberately providing false
9.26 	information is a felony punishable by not more than five years
9.27 	imprisonment and a fine of not more than $10,000, or both."
9.28 	(b) A judge may, before the applicant signs the roster,
9.29 	confirm the applicant's name, address, and date of birth.
9.30 	(c) After the applicant signs the roster, the judge shall
9.31 	give the applicant a voter's receipt.  The voter shall deliver
9.32 	the voter's receipt to the judge in charge of ballots as proof
9.33 	of the voter's right to vote, and thereupon the judge shall hand
9.34 	to the voter the ballot.  The voters' receipts must be
9.35 	maintained during the time for notice of filing an election
9.36 	contest.

10.1 	Sec. 12. Minnesota Statutes 2004, section 204D.10,
10.2 	subdivision 1, is amended to read:
10.3 		Subdivision 1.Partisan offices; nominees.  The candidate
10.4 	for nomination of a major political party for a partisan office
10.5 	on the state partisan primary ballot who receives the highest
10.6 	number of votes shall be the nominee of that political party for
10.7 	that office, except as otherwise provided in subdivision 2.

10.8 	Sec. 13. Minnesota Statutes 2004, section 205.84,
10.9 	subdivision 2, is amended to read:
10.10 		Subd. 2.Effective date.  After the official
10.11 	certification of the federal decennial or special census, the
10.12 	governing body of the city shall either confirm the existing
10.13 	ward boundaries as conforming to the standards of subdivision 1
10.14 	or redefine ward boundaries to conform to those standards as
10.15 	provided in section 204B.135, subdivision 1.  If the governing
10.16 	body of the city fails to take either action within the time
10.17 	required, no further compensation shall be paid to the mayor or
10.18 	council member until the wards of the city are either
10.19 	reconfirmed or redefined as required by this section.  An
10.20 	ordinance establishing new ward boundaries pursuant to section
10.21 	204B.135, subdivision 1, becomes effective on the date of the
10.22 	state primary election in the year ending in two for the first
10.23 	municipal general election after it has been adopted, but no
10.24 	later than the year ending in three, and all members of the
10.25 	council must be elected at that election.  In a city where
10.26 	council members are elected by ward to serve for staggered terms
10.27 	of four years, the council shall provide by ordinance for the
10.28 	manner in which some members will be elected initially to terms
10.29 	of four years and some to terms of two years.

10.30 	Sec. 14. Minnesota Statutes 2004, section 211A.02,
10.31 	subdivision 1, is amended to read:
10.32 		Subdivision 1.When and where filed by committees.  (a) A
10.33 	committee or a candidate who receives contributions or makes
10.34 	disbursements of more than $750 $100 in a calendar year shall
10.35 	submit an initial report to the filing officer within 14 days
10.36 	after the candidate or committee receives or makes disbursements
11.1 	of more than $750 $100 and shall continue to make the reports
11.2 	listed in paragraph (b) until a final report is filed.
11.3 	(b) The committee or candidate must file a report by
11.4 	January 31 of each year following the year when the initial
11.5 	report was filed and in a year when the candidate's name or a
11.6 	ballot question appears on the ballot, the candidate or
11.7 	committee shall file a report:
11.8 	(1) ten days before the primary or special primary;
11.9 	(2) ten days before the general election or special
11.10 	election; and
11.11 	(3) 30 days after a general or special election.

11.12 	Sec. 15. Minnesota Statutes 2004, section 211A.02,
11.13 	subdivision 2, is amended to read:
11.14 		Subd. 2.Information required.  The report to be filed by
11.15 	a candidate or committee must include:
11.16 	(1) the name of the candidate or ballot question;
11.17 	(2) the name and address of the person responsible for
11.18 	filing the report;
11.19 	(3) the total amount of receipts and expenditures for the
11.20 	period from the last previous report to five days before the
11.21 	current report is due;
11.22 	(4) the amount, date, and purpose for each expenditure; and
11.23 	(5) the name, address, and employer, or occupation if
11.24 	self-employed,of any individual or committee that during the
11.25 	year has made one or more contributions that in the aggregate
11.26 	are equal to or greater than $500 $100, and the amount and date
11.27 	of each contribution.

11.28 	Sec. 16. Minnesota Statutes 2004, section 375.025,
11.29 	subdivision 4, is amended to read:
11.30 		Subd. 4.Redistricting plan; election following
11.31 	redistricting.  A redistricting plan whether prepared by the
11.32 	county board or the redistricting commission shall be filed in
11.33 	the office of the county auditor.  A redistricting plan shall be
11.34 	effective on the 31st day after filing unless a later effective
11.35 	date is specified but no plan shall be effective for the next
11.36 	election of county commissioners unless the plan is filed with
12.1 	the county auditor not less than 30 days before the first date
12.2 	candidates may file for the office of county commissioner.  One
12.3 	commissioner shall be elected in each district who, at the time
12.4 	of the election, is a resident of the district.  A person
12.5 	elected may hold the office only while remaining a resident of
12.6 	the commissioner district or, after June 15 during a year ending
12.7 	in "2", while remaining a resident of the county.  The county
12.8 	board or the redistricting commission shall determine the number
12.9 	of members of the county board who shall be elected for two-year
12.10 	terms and for four-year terms to provide staggered terms on the
12.11 	county board.  Thereafter, all commissioners shall be elected
12.12 	for four years.  When a county is redistricted, there shall be a
12.13 	new election of commissioners in all the districts at the next
12.14 	general election except that if the change made in the
12.15 	boundaries of a district is less than five percent of the
12.16 	average of all districts of the county, the commissioner in
12.17 	office at the time of the redistricting shall serve for the full
12.18 	period for which elected.

12.19 	Sec. 17. Minnesota Statutes 2004, section 524.5-310, is
12.20 	amended to read:
12.21 	524.5-310 FINDINGS; ORDER OF APPOINTMENT.
12.22 	(a) The court may appoint a limited or unlimited guardian
12.23 	for a respondent only if it finds by clear and convincing
12.24 	evidence that:
12.25 	(1) the respondent is an incapacitated person; and
12.26 	(2) the respondent's identified needs cannot be met by less
12.27 	restrictive means, including use of appropriate technological
12.28 	assistance.
12.29 	(b) Alternatively, the court, with appropriate findings,
12.30 	may treat the petition as one for a protective order under
12.31 	section 524.5-401, enter any other appropriate order, or dismiss
12.32 	the proceeding.
12.33 	(c) The court shall grant to a guardian only those powers
12.34 	necessitated by the ward's limitations and demonstrated needs
12.35 	and, whenever feasible, make appointive and other orders that
12.36 	will encourage the development of the ward's maximum
13.1 	self-reliance and independence.  Any power not specifically
13.2 	granted to the guardian, following a written finding by the
13.3 	court of a demonstrated need for that power, is retained by the
13.4 	ward.
13.5 	(d) Within 14 days after an appointment, a guardian shall
13.6 	send or deliver to the ward, and counsel if represented at the
13.7 	hearing, a copy of the order of appointment accompanied by a
13.8 	notice which advises the ward of the right to appeal the
13.9 	guardianship appointment in the time and manner provided by the
13.10 	Rules of Appellate Procedure.
13.11 	(e) Each year, within 30 days after the anniversary date of
13.12 	an appointment, a guardian shall send or deliver to the ward a
13.13 	notice of the right to request termination or modification of
13.14 	the guardianship and notice of the status of the ward's right to
13.15 	vote.

13.16 	Sec. 18. REPEALER.
 13.17 	Minnesota Statutes 2004, section 204D.10, subdivision 2, is
13.18 	repealed.

13.19 	Sec. 19. EFFECTIVE DATE.
 13.20 	Sections 6 to 8, 13, and 14 to 16 are effective January 1,
13.21 	2006.