1.1 	A bill for an act
1.2 	relating to elections; providing for data privacy in certain voter records; 
1.3 	regulating a Web site; changing certain election law provisions; setting the 
1.4 	criteria for voting systems to be used in elections; establishing a voting machines 
1.5 	options working group; providing appointments;amending Minnesota Statutes 
1.6 	2004, sections 201.061, subdivision 1; 202A.155; 203B.02, subdivision 1; 
1.7 	203B.06, subdivision 3; 203B.11, subdivision 4; 204B.40; 204C.07, by adding a 
1.8 	subdivision; 204C.15, subdivision 1; 211A.02, subdivision 2; Minnesota Statutes 
1.9 	2005 Supplement, sections 10.60, subdivisions 3, 4; 10A.01, subdivision 26; 
1.10 	201.061, subdivision 3; 204C.10; 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61, 
1.11 	subdivision 5; 206.80; 206.805, subdivision 1; 206.82, subdivision 2; 206.83; 
1.12 	206.90, subdivision 8; proposing coding for new law in Minnesota Statutes, 
1.13 	chapters 13; 204C; 206; proposing coding for new law as Minnesota Statutes, 
1.14 	chapter 5B; repealing Minnesota Statutes 2004, section 204C.50, subdivisions 3, 
1.15 	4, 5, 6; Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1, 2.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. [5B.01] FINDINGS; PURPOSE.
1.18 	The legislature finds that individuals attempting to escape from actual or threatened 
1.19 	domestic violence, sexual assault, or stalking frequently establish new addresses in order 
1.20 	to prevent their assailants or probable assailants from finding them. The purpose of this 
1.21 	chapter is to enable state and local agencies to respond to requests for data without 
1.22 	disclosing the location of a victim of domestic violence, sexual assault, or stalking; 
1.23 	to enable interagency cooperation with the secretary of state in providing address 
1.24 	confidentiality for victims of domestic violence, sexual assault, or stalking; and to enable 
1.25 	program participants to use an address designated by the secretary of state as a substitute 
1.26 	mailing address for all purposes. 

1.27 	EFFECTIVE DATE. This section is effective September 1, 2007.

2.1 	Sec. 2. [5B.02] DEFINITIONS.
2.2 	(a) For purposes of this chapter and unless the context clearly requires otherwise, the 
2.3 	definitions in this section have the meanings given them.
2.4 	 (b) "Address" means a residential street address, school address, or work address 
2.5 	of an individual, as specified on the individual's application to be a program participant 
2.6 	under this chapter. 
2.7 	 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible 
2.8 	minor, or a guardian acting on behalf of an incapacitated person, as defined in section 
2.9 	524.5-102.
2.10 	(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 
2.11 	2, paragraph (a), and includes a threat of such acts committed against an individual in a 
2.12 	domestic situation, regardless of whether these acts or threats have been reported to law 
2.13 	enforcement officers.
2.14 	 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined 
2.15 	in section 524.5-102 for whom there is good reason to believe (i) that the eligible person is 
2.16 	a victim of domestic violence, sexual assault, or stalking, or (ii) that the  eligible person 
2.17 	fears for his or her safety or the safety of persons on whose behalf the application is made.
2.18 	(f) "Program participant" means an individual certified as a program participant 
2.19 	under section 5B.03.
2.20 	 (g) "Stalking" means acts criminalized under section 609.749 and includes a threat 
2.21 	of such acts committed against an individual, regardless of whether these acts or threats 
2.22 	have been reported to law enforcement officers.

2.23 	EFFECTIVE DATE. This section is effective September 1, 2007. 

2.24 	Sec. 3. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
2.25 		Subdivision 1.Application.  The secretary of state shall certify an eligible person as 
2.26 	a program participant when the secretary receives an application that must contain: 
2.27 	(1) the name of the eligible person; 
2.28 	(2) a statement by the applicant that the applicant has good reason to believe (i) that 
2.29 	the eligible person listed on the application is a victim of domestic violence, sexual assault, 
2.30 	or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons 
2.31 	on whose behalf the application is made, and (iii) that the eligible person is not applying 
2.32 	for certification as a program participant in order to avoid prosecution for a crime;
2.33 	(3) a designation of the secretary of state as agent for purposes of service of process 
2.34 	and for the purpose of receipt of mail;
3.1 	(4) the mailing address where the eligible person can be contacted by the secretary 
3.2 	of state, and the phone number or numbers where the applicant or eligible person can be 
3.3 	called by the secretary of state;
3.4 	(5) the physical address or addresses of the eligible person, disclosure of which will 
3.5 	increase the risk of domestic violence, sexual assault, or stalking; 
3.6 	(6) a statement whether the eligible person would like information on becoming an 
3.7 	ongoing absentee ballot recipient pursuant to section 5B.06; and 
3.8 	(7) the signature of the applicant, an indicator of the applicant's authority to act on 
3.9 	behalf of the eligible person, if appropriate, the name and signature of any individual or 
3.10 	representative of any person who assisted in the preparation of the application, and the 
3.11 	date on which the application was signed.
3.12 		Subd. 2. Filing.  Applications must be filed with the secretary of state and are 
3.13 	subject to the provisions of section 5.15. 
3.14 		Subd. 3. Certification.  Upon filing a completed application, the secretary of state 
3.15 	shall certify the eligible person as a program participant. Program participants shall be 
3.16 	certified for four years following the date of filing unless the certification is cancelled, 
3.17 	withdrawn or invalidated before that date. The secretary of state shall by rule establish a 
3.18 	renewal procedure.
3.19 		Subd. 4. Changes in information.  Program participants or applicants must inform 
3.20 	the secretary of state of any changes in the information submitted on the application. 
3.21 		Subd. 5. Designated address.  The secretary of state must designate a mailing 
3.22 	address to which all mail for program participants is to be sent. 
3.23 		Subd. 6. Attaining age of majority.  An individual who became a program 
3.24 	participant as a minor assumes responsibility for changes in information and renewal 
3.25 	when the individual reaches age 18. 

3.26 	EFFECTIVE DATE. This section is effective September 1, 2007. 

3.27 	Sec. 4. [5B.04] CERTIFICATION CANCELLATION.
3.28 	(a) If the program participant obtains a legal change of identity, the participant 
3.29 	loses certification as a program participant. 
3.30 	(b) The secretary of state may cancel a program participant's certification if there is 
3.31 	a change in the mailing address, unless the program participant or the person who signed 
3.32 	as the applicant on behalf of an eligible person provides the secretary of state with at least 
3.33 	two days' prior notice in writing of the change of address. 
4.1 	(c) The secretary of state may cancel certification of a program participant if 
4.2 	mail forwarded by the secretary to the program participant's address is returned as 
4.3 	nondeliverable. 
4.4 	(d) The secretary of state shall cancel certification of a program participant who 
4.5 	applies using false information. 

4.6 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.7 	Sec. 5. [5B.05] USE OF DESIGNATED ADDRESS.
4.8 	(a) When a program participant presents the address designated by the secretary of 
4.9 	state to any person, that address must be accepted as the address of the program participant. 
4.10 	(b) A program participant may use the address designated by the secretary of state as 
4.11 	the program participant's work address. 
4.12 	(c) The Office of the Secretary of State shall forward all mail sent to the designated 
4.13 	address to the proper program participants. 

4.14 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.15 	Sec. 6. [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF 
4.16 	DESIGNATED ADDRESS BY COUNTY AUDITOR.
4.17 	A program participant who is otherwise eligible to vote may register with the 
4.18 	secretary of state as an ongoing absentee voter.  The secretary of state shall determine  the 
4.19 	precinct in which the residential address of the program participant is located and shall 
4.20 	request from and receive from the county auditor or other election official the ballot for 
4.21 	that precinct and shall forward the absentee ballot to the program participant with the other 
4.22 	materials for absentee balloting as required by Minnesota law.   The program participant 
4.23 	shall complete the ballot and return it to the secretary of state, who shall review the ballot 
4.24 	in the manner provided by section 203B.24. If the ballot and ballot materials comply with 
4.25 	the requirements of that section, the ballot must be certified by the secretary of state as 
4.26 	the ballot of a program participant, and must be forwarded to the appropriate electoral 
4.27 	jurisdiction for tabulation along with all other ballots. The name and address of a program 
4.28 	participant must not be listed in the statewide voter registration system.

4.29 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.30 	Sec. 7. [5B.07] DATA CLASSIFICATION.
5.1 	All data related to applicants, eligible persons and program participants is private 
5.2 	data as defined by section 13.02, subdivision 12. A consent for release of information 
5.3 	from an applicant,, eligible person, or program participant is not effective. 

5.4 	EFFECTIVE DATE. This section is effective September 1, 2007. 

5.5 	Sec. 8. [5B.08] ADOPTION OF RULES.
5.6 	Enactment of this section satisfies the requirements of section 14.388, subdivision 
5.7 	1 for the enactment of rules to facilitate the administration of this chapter by state and 
5.8 	local agencies. 

5.9 	EFFECTIVE DATE. This section is effective September 1, 2007. 

5.10 	Sec. 9. Minnesota Statutes 2005 Supplement, section 10.60, subdivision 3, is amended 
5.11 	to read:
5.12 		Subd. 3.Prohibitions. (a) A Web site or publication must not include pictures 
5.13 	or other materials that tend to attribute the Web site or publication to an individual or 
5.14 	group of individuals instead of to a public office, state agency, or political subdivision. 
5.15 	A publication must not include the words "with the compliments of" or contain letters 
5.16 	of personal greeting that promote an elected or appointed official of a state agency or 
5.17 	political subdivision.
5.18 	(b) A Web site, other than a Web site maintained by a public library or the 
5.19 	election-related Web site maintained by the office of the secretary of state or the 
5.20 	Campaign Finance and Public Disclosure Board, may not contain a link to a Weblog or 
5.21 	site maintained by a candidate, a political committee, a political party or party unit, a 
5.22 	principal campaign committee, or a state committee. Terms used in this paragraph have 
5.23 	the meanings given them in chapter 10A, except that "candidate" also includes a candidate 
5.24 	for an elected office of a political subdivision.

5.25 	EFFECTIVE DATE. This section is effective the day following final enactment. 

5.26 	Sec. 10. Minnesota Statutes 2005 Supplement, section 10.60, subdivision 4, is 
5.27 	amended to read:
5.28 		Subd. 4.Permitted material. (a) Material specified in this subdivision may 
5.29 	be included on a Web site or in a publication, but only if the material complies with 
5.30 	subdivision 2. This subdivision is not a comprehensive list of material that may be 
5.31 	contained on a Web site or in a publication, if the material complies with subdivision 2.
6.1 	(b) A Web site or publication may include biographical information about an elected 
6.2 	or appointed official, a single official photograph of the official, and photographs of the 
6.3 	official performing functions related to the office. There is no limitation on photographs, 
6.4 	Webcasts, archives of Webcasts, and audio or video files that facilitate access to 
6.5 	information or services or inform the public about the duties and obligations of the office or 
6.6 	that are intended to promote trade or tourism. A state Web site or publication may include 
6.7 	photographs or information involving civic or charitable work done by the governor's 
6.8 	spouse, provided that these activities relate to the functions of the governor's office.
6.9 	(c) A Web site or publication may include press releases, proposals, policy positions, 
6.10 	and other information directly related to the legal functions, duties, and jurisdiction of 
6.11 	a public official or organization.
6.12 	(d) The election-related Web site maintained by the office of the secretary of state 
6.13 	shall provide links to:
6.14 	(1) the campaign Web site of any candidate for legislative, constitutional, judicial, 
6.15 	or federal office who requests or whose campaign committee requests such a link and 
6.16 	provides in writing a valid URL address to the office of the secretary of state; and 
6.17 	(2) the Web site of any individual or group advocating for or against or providing 
6.18 	neutral information with respect to any ballot question, where the individual or group 
6.19 	requests such a link and provides in writing a valid Web site address and valid e-mail 
6.20 	address to the office of the secretary of state. 
6.21 	These links must be provided on the election-related Web site maintained by the 
6.22 	office of the secretary of state from the opening of filing for the office in question until 
6.23 	the business day following the day on which the State Canvassing Board has declared the 
6.24 	results of the state general election, or November 30 of the year in which the election has 
6.25 	taken place, whichever date is earlier. The link must be activated on the election-related 
6.26 	Web site maintained by the office of the secretary of state within two business days of 
6.27 	receipt of the request from a qualified candidate or committee.

6.28 	EFFECTIVE DATE. This section is effective the day following final enactment. 

6.29 	Sec. 11. Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 26, is 
6.30 	amended to read:
6.31 		Subd. 26.Noncampaign disbursement. "Noncampaign disbursement" means 
6.32 	a purchase or payment of money or anything of value made, or an advance of credit 
6.33 	incurred, or a donation in kind received, by a principal campaign committee for any of 
6.34 	the following purposes:
6.35 	(1) payment for accounting and legal services;
7.1 	(2) return of a contribution to the source;
7.2 	(3) repayment of a loan made to the principal campaign committee by that 
7.3 	committee;
7.4 	(4) return of a public subsidy;
7.5 	(5) payment for food, beverages, entertainment, and facility rental for a fund-raising 
7.6 	event;
7.7 	(6) services for a constituent by a member of the legislature or a constitutional officer 
7.8 	in the executive branch, including the costs of preparing and distributing a suggestion or 
7.9 	idea solicitation to constituents, performed from the beginning of the term of office to 
7.10 	adjournment sine die of the legislature in the election year for the office held, and half 
7.11 	the cost of services for a constituent by a member of the legislature or a constitutional 
7.12 	officer in the executive branch performed from adjournment sine die to 60 days after 
7.13 	adjournment sine die;
7.14 	(7) payment for food and beverages consumed by a candidate or volunteers while 
7.15 	they are engaged in campaign activities;
7.16 	(8) payment for food or a beverage consumed while attending a reception or meeting 
7.17 	directly related to legislative duties;
7.18 	(9) payment of expenses incurred by elected or appointed leaders of a legislative 
7.19 	caucus in carrying out their leadership responsibilities;
7.20 	(10) payment by a principal campaign committee of the candidate's expenses for 
7.21 	serving in public office, other than for personal uses;
7.22 	(11) costs of child care for the candidate's children when campaigning;
7.23 	(12) fees paid to attend a campaign school;
7.24 	(13) costs of a postelection party during the election year when a candidate's name 
7.25 	will no longer appear on a ballot or the general election is concluded, whichever occurs 
7.26 	first;
7.27 	(14) interest on loans paid by a principal campaign committee on outstanding loans;
7.28 	(15) filing fees;
7.29 	(16) post-general election thank-you notes or advertisements in the news media;
7.30 	(17) the cost of campaign material purchased to replace defective campaign material, 
7.31 	if the defective material is destroyed without being used;
7.32 	(18) contributions to a party unit;
7.33 	(19) payments for funeral gifts or memorials; and
7.34 	(20) the cost of a magnet less than six inches in diameter containing legislator 
7.35 	contact information and distributed to constituents; and 
8.1 	(21) other purchases or payments specified in board rules or advisory opinions as 
8.2 	being for any purpose other than to influence the nomination or election of a candidate 
8.3 	or to promote or defeat a ballot question.
8.4 	The board must determine whether an activity involves a noncampaign disbursement 
8.5 	within the meaning of this subdivision.
8.6 	A noncampaign disbursement is considered to be made in the year in which the 
8.7 	candidate made the purchase of goods or services or incurred an obligation to pay for 
8.8 	goods or services.

8.9 	EFFECTIVE DATE. This section is effective the day following final enactment. 

8.10 	Sec. 12. [13.805] ADDRESS CONFIDENTIALITY DATA CODED 
8.11 	ELSEWHERE.
8.12 		Subdivision 1.Scope.  The section referred to in subdivision 2 is codified outside this 
8.13 	chapter. This section classifies address confidentiality program data as other than public. 
8.14 		Subd. 2. Address confidentiality program.  Data maintained by the Office of 
8.15 	the Secretary of State regarding the address confidentiality program are governed by 
8.16 	section 5B.07. 

8.17 	EFFECTIVE DATE. This section is effective September 1, 2007. 

8.18 	Sec. 13. Minnesota Statutes 2004, section 201.061, subdivision 1, is amended to read:
8.19 		Subdivision 1.Prior to election day. At any time except during the 20 days 
8.20 	immediately preceding any regularly scheduled election, an eligible voter or any 
8.21 	individual who will be an eligible voter at the time of the next election may register to vote 
8.22 	in the precinct in which the voter maintains residence by completing a voter registration 
8.23 	application as described in section  201.071, subdivision 1, and submitting it in person 
8.24 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
8.25 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
8.26 	election shall be accepted. An improperly addressed or delivered registration application 
8.27 	shall be forwarded within two working days after receipt to the county auditor of the 
8.28 	county where the voter maintains residence. A state or local agency or an individual that 
8.29 	accepts completed voter registration applications from a voter must submit the completed 
8.30 	applications to the secretary of state or the appropriate county auditor within ten days 
8.31 	after the applications are dated by the voter. 
9.1 	For purposes of this section, mail registration is defined as a voter registration 
9.2 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
9.3 	United States Postal Service or a commercial carrier.

9.4 	EFFECTIVE DATE. This section is effective July 1, 2006. 

9.5 	Sec. 14. Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is 
9.6 	amended to read:
9.7 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
9.8 	register on election day by appearing in person at the polling place for the precinct in 
9.9 	which the individual maintains residence, by completing a registration application, making 
9.10 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
9.11 	An individual may prove residence for purposes of registering by:
9.12 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
9.13 	to section 171.07;
9.14 	(2) presenting any document approved by the secretary of state as proper 
9.15 	identification;
9.16 	(3) presenting one of the following:
9.17 	(i) a current valid student identification card from a postsecondary educational 
9.18 	institution in Minnesota, if a list of students from that institution has been prepared under 
9.19 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
9.20 	the secretary of state; or
9.21 	(ii) a current student fee statement that contains the student's valid address in the 
9.22 	precinct together with a picture identification card; or
9.23 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
9.24 	employed by and working in a residential facility in the precinct and vouching for a 
9.25 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
9.26 	voter or employee personally knows that the individual is a resident of the precinct. A 
9.27 	voter who has been vouched for on election day may not sign a proof of residence oath 
9.28 	vouching for any other individual on that election day. A voter who is registered to vote in 
9.29 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
9.30 	does not apply to an employee of a residential facility described in this clause. The 
9.31 	secretary of state shall provide a form for election judges to use in recording the number 
9.32 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
9.33 	form must include space for the maximum number of individuals for whom a voter may 
9.34 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
9.35 	a statement that the voter is registered to vote in the precinct, personally knows that the 
10.1 	individual is a resident of the precinct, and is making the statement on oath. The form must 
10.2 	include a space for the voter's printed name, signature, telephone number, and address.
10.3 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must 
10.4 	be attached to the voter registration application and the information on the oath must be 
10.5 	recorded on the records of both the voter registering on election day and the voter who 
10.6 	is vouching for the person's residence, and entered into the statewide voter registration 
10.7 	system by the county auditor when the voter registration application is entered into that 
10.8 	system.
10.9 	(b) The operator of a residential facility shall prepare a list of the names of its 
10.10 	employees currently working in the residential facility and the address of the residential 
10.11 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
10.12 	no less than 20 days before each election for use in election day registration.
10.13 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
10.14 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
10.15 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
10.16 	5; a residence registered with the commissioner of health as a housing with services 
10.17 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
10.18 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
10.19 	licensed by the commissioner of human services to provide a residential program as 
10.20 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
10.21 	developmental disability licensed by the commissioner of human services under section 
10.22 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
10.23 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
10.24 	publicly or privately operated shelter or dwelling designed to provide temporary living 
10.25 	accommodations for the homeless.
10.26 	(d) For tribal band members, an individual may prove residence for purposes of 
10.27 	registering by:
10.28 	(1) presenting an identification card issued by the tribal government of a tribe 
10.29 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
10.30 	contains the name, address, signature, and picture of the individual; or
10.31 	(2) presenting an identification card issued by the tribal government of a tribe 
10.32 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
10.33 	contains the name, signature, and picture of the individual and also presenting one of the 
10.34 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
10.35 	(e) A county, school district, or municipality may require that an election judge 
10.36 	responsible for election day registration initial each completed registration application.

11.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

11.2 	Sec. 15. Minnesota Statutes 2004, section 202A.155, is amended to read:
11.3 	202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS.
11.4 	A communicatively impaired individual who needs interpreter services at a precinct 
11.5 	caucus shall so notify the major political party whose caucus the individual plans to 
11.6 	attend. Written Notice must be given by certifiedletter or electronic  mail to the county 
11.7 	or legislative district committeestate office  of the major political party at least 30 days
11.8 	before the precinct caucus date. The major political party, not later than 14 days before 
11.9 	the precinct caucus date, shall promptly attempt to secure the services of one or more 
11.10 	interpreters if available and shall assume responsibility for the cost of the services if 
11.11 	provided. The state central committee of the major political party shall determine the 
11.12 	process for reimbursing interpreters.
11.13 	A visually impaired individual may notify the county or legislative district 
11.14 	committee of the major political party whose precinct caucus the individual plans to 
11.15 	attend, that the individual requires caucus materials in audio tape, Braille, or large type 
11.16 	format. Upon receiving the request, the county or legislative district committee shall 
11.17 	provide all official written caucus materials as soon as they are available, so that the 
11.18 	visually impaired individual may have them converted to audio tape, Braille, or large 
11.19 	print format prior to the precinct caucus.

11.20 	Sec. 16. Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:
11.21 		Subdivision 1.Unable to go to polling place. (a) Any eligible voter who reasonably 
11.22 	expects to be unable to go to the polling place on election day in the precinct where the 
11.23 	individual maintains residence because of absence from the precinct,;  illness, including 
11.24 	isolation or quarantine under sections 144.419 to 144.4196 or United States Code, title 42, 
11.25 	sections 264 to 272; disability,; religious discipline,; observance of a religious holiday,; or 
11.26 	service as an election judge in another precinct may vote by absentee ballot as provided 
11.27 	in sections  203B.04 to  203B.15. 
11.28 	(b) If the governor has declared an emergency and filed the declaration with the 
11.29 	secretary of state under section 12.31, and the declaration states that the emergency has 
11.30 	made it difficult for voters to go to the polling place on election day, any voter in a 
11.31 	precinct covered by the declaration may vote by absentee ballot as provided in sections 
11.32 	203B.04 to 203B.15. 

11.33 	EFFECTIVE DATE. This section is effective the day following final enactment. 

12.1 	Sec. 17. Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:
12.2 		Subd. 3.Delivery of ballots. (a) If an application for absentee ballots is accepted 
12.3 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
12.4 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
12.5 	are available for distribution shall mail them to the address specified in the application. 
12.6 	If an application for absentee ballots is accepted when absentee ballots are available for 
12.7 	distribution, the county auditor or municipal clerk accepting the application shall promptly:
12.8 	(a) (1) Mail the ballots to the voter whose signature appears on the application if 
12.9 	the application is submitted by mail and does not request commercial shipping under 
12.10 	clause (2);
12.11 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
12.12 	the voter's expense;
12.13 	(b) (3)  Deliver the absentee ballots directly to the voter if the application is 
12.14 	submitted in person; or
12.15 	(c) (4)  Deliver the absentee ballots in a sealed transmittal envelope to an agent who 
12.16 	has been designated to bring the ballots to a voter who is a patient in a health care facility, 
12.17 	as provided in section  203B.11, subdivision 4, a participant in a residential program for 
12.18 	adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for 
12.19 	battered women as defined in section 611A.37, subdivision 4. 
12.20 	(b) If an application does not indicate the election for which absentee ballots are 
12.21 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 
12.22 	the next election occurring after receipt of the application. Only one set of ballots may 
12.23 	be mailed, shipped, or delivered to an applicant for any election, except as provided in 
12.24 	section  203B.13, subdivision 2, or when a replacement ballot has been requested by the 
12.25 	voter for a ballot that has been spoiled or lost in transit. 

12.26 	Sec. 18. Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:
12.27 		Subd. 4.Agent delivery of ballots. During the four days preceding an election and 
12.28 	until 2:00 p.m. on election day, an eligible voter who is a patient of a health care facility, a 
12.29 	participant in a residential program for adults licensed under section 245A.02, subdivision 
12.30 	14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 
12.31 	4, may designate an agent to deliver the ballots to the voter from the county auditor or 
12.32 	municipal clerk. A candidate at the election may not be designated as an agent. The voted 
12.33 	ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m. 
12.34 	on election day. The voter must complete an affidavit requesting the auditor or clerk to 
12.35 	provide the agent with the ballots in a sealed transmittal envelope. The affidavit must 
13.1 	include a statement from the voter stating that the ballots were delivered to the voter by 
13.2 	the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than 
13.3 	three persons in any election. The secretary of state shall provide samples of the affidavit 
13.4 	and transmission envelope for use by the county auditors.

13.5 	Sec. 19. Minnesota Statutes 2004, section 204B.40, is amended to read:
13.6 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
13.7 	DISPOSITION; INSPECTION OF BALLOTS.
13.8 	The county auditors, municipal clerks, and school district clerks shall retain all 
13.9 	election materials returned to them after any election for at least 22 months from the date 
13.10 	of that election. All election materials involved in a contested election must be retained for 
13.11 	22 months or until the contest has been finally determined, whichever is later. Abstracts 
13.12 	filed by canvassing boards shall be retained permanently by any officer with whom those 
13.13 	abstracts are filed. Election materials no longer required to be retained pursuant to this 
13.14 	section shall be disposed of in accordance with sections  138.163 to  138.21. Sealed 
13.15 	envelopes containing voted ballots must be retained unopened, except as provided in this 
13.16 	section, in a secure location. The county auditor, municipal clerk, or school district clerk 
13.17 	shall not permit any voted ballots to be tampered with or defaced. 
13.18 	After the time for filing a notice of contest for an election has passed, the secretary 
13.19 	of state may, for the purpose of monitoring and evaluating election procedures: (1)  open 
13.20 	the sealed ballot envelopes and inspect the ballots for that election maintained by the 
13.21 	county auditors, municipal clerks, or school district clerks for the purpose of monitoring 
13.22 	and evaluating election procedures.; (2) inspect the polling place rosters and completed 
13.23 	voter registration applications; or (3) examine other forms required in the Minnesota 
13.24 	election laws for use in the polling place. No inspected ballot or document may be 
13.25 	marked or identified in any manner. After inspection, all ballots must be returned to the 
13.26 	ballot envelope and the ballot envelope must be securely resealed. Any other election 
13.27 	materials inspected or examined must be secured or resealed. No polling place roster 
13.28 	may be inspected until the voting history for that precinct has been posted. No voter 
13.29 	registration application may be inspected until the information on it has been entered into 
13.30 	the statewide registration system.

13.31 	Sec. 20. [204C.035] DECEPTIVE PRACTICES IN ELECTIONS.
13.32 		Subdivision 1.Criminal penalty. No person shall knowingly deceive another 
13.33 	person regarding the time, place, or manner of conducting an election or the qualifications 
14.1 	for or restrictions on voter eligibility for an election, with the intent to prevent the 
14.2 	individual from voting in the election. A violation of this section is a gross misdemeanor.
14.3 		Subd. 2.Reporting false election information. Any person may report to the 
14.4 	county auditor or municipal clerk an act of deception regarding the time, place, or manner 
14.5 	of conducting an election or the qualifications for or restrictions on voter eligibility for 
14.6 	an election. The election official to whom the report was made shall provide accurate 
14.7 	information to the person who reported the incorrect information in a timely manner, 
14.8 	and may provide information about the act of deception and accurate information to 
14.9 	mass media outlets in any affected area. The county attorney may subsequently proceed 
14.10 	under subdivision 1. 

14.11 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
14.12 	offenses committed on or after that date.

14.13 	Sec. 21. Minnesota Statutes 2004, section 204C.07, is amended by adding a 
14.14 	subdivision to read:
14.15 		Subd. 5. Prohibited challenges. Challengers and the political parties that appointed 
14.16 	them must not compile lists of voters to challenge on the basis of mail sent by a political 
14.17 	party that was returned as undeliverable or if receipt by the intended recipient was not 
14.18 	acknowledged in the case of registered mail.  This subdivision applies to any local, state, 
14.19 	or national affiliate of a political party that has appointed challengers, as well as any 
14.20 	subcontractors, vendors, or other individuals acting as agents on behalf of a political party.
14.21 	A violation of this subdivision is a gross misdemeanor.

14.22 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.23 	and applies to offenses committed on or after that date.

14.24 	Sec. 22. Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:
14.25 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
14.26 	REGISTRATION.
14.27 	(a) An individual seeking to vote shall sign a polling place roster which states 
14.28 	that the individual is at least 18 years of age, a citizen of the United States, has resided 
14.29 	in Minnesota for 20 days immediately preceding the election, maintains residence at 
14.30 	the address shown, is not under a guardianship in which the court order revokes the 
14.31 	individual's right to vote, has not been found by a court of law to be legally incompetent 
14.32 	to vote or convicted of a felony without having civil rights restored has the right to vote 
14.33 	because, if the individual was convicted of a felony, the felony sentence has expired or 
15.1 	been completed or the individual has been discharged from the sentence, is registered 
15.2 	and has not already voted in the election. The roster must also state: "I understand that 
15.3 	deliberately providing false information is a felony punishable by not more than five years 
15.4 	imprisonment and a fine of not more than $10,000, or both."
15.5 	(b) A judge may, before the applicant signs the roster, confirm the applicant's name, 
15.6 	address, and date of birth.
15.7 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
15.8 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
15.9 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
15.10 	voters' receipts must be maintained during the time for notice of filing an election contest.

15.11 	EFFECTIVE DATE. This section is effective July 1, 2006. 

15.12 	Sec. 23.  Minnesota Statutes 2004, section 204C.15, subdivision 1, is amended to read:
15.13 		Subdivision 1.Interpreters; Physical assistance in marking ballots. A voter who 
15.14 	claims a need for assistance because of inability to read English or physical inability to 
15.15 	mark a ballot may obtain the aid of two election judges who are members of different 
15.16 	major political parties. The election judges shall mark the ballots as directed by the 
15.17 	voter and in as secret a manner as circumstances permit. If the voter is deaf or cannot 
15.18 	speak English or understand it when it is spoken, the election judges may select two 
15.19 	individuals who are members of different major political parties to act as interpreters
15.20 	provide assistance. The interpreters individuals shall assist the individual voter in marking 
15.21 	the ballots. A voter in need of assistance may alternatively obtain the assistance of any 
15.22 	individual the voter chooses. Only the following persons may not provide assistance to 
15.23 	a voter: the voter's employer, an agent of the voter's employer, an officer or agent of 
15.24 	the voter's union, or a candidate for election. The person who assists the voter shall, 
15.25 	unaccompanied by an election judge, retire with that voter to a booth and mark the ballot 
15.26 	as directed by the voter. No person who assists another voter as provided in the preceding 
15.27 	sentence shall mark the ballots of more than three voters at one election. Before the ballots 
15.28 	are deposited, the voter may show them privately to an election judge to ascertain that they 
15.29 	are marked as the voter directed. An election judge or other individual assisting a voter 
15.30 	shall not in any manner request, persuade, induce, or attempt to persuade or induce the 
15.31 	voter to vote for any particular political party or candidate. The election judges or other 
15.32 	individuals who assist the voter shall not reveal to anyone the name of any candidate for 
15.33 	whom the voter has voted or anything that took place while assisting the voter.

16.1 	Sec. 24. Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b, is 
16.2 	amended to read:
16.3 		Subd. 1b.Audio ballot reader. "Audio ballot reader" means an audio representation 
16.4 	of a ballot that can be used with other assistive voting technology to permit a voter to mark 
16.5 	votes on a nonelectronic ballot or to securely transmit a ballot electronically to automatic 
16.6 	tabulating equipment in the polling place.

16.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.8 	Sec. 25. Minnesota Statutes 2005 Supplement, section 206.56, subdivision 3, is 
16.9 	amended to read:
16.10 		Subd. 3.Ballot. "Ballot" includes paper ballots, ballot cards, and  the paper ballot 
16.11 	marked by an electronic marking device, and an electronic record of each vote cast by 
16.12 	a voter at an election and securely transmitted electronically to automatic tabulating 
16.13 	equipment in the polling place.

16.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.15 	Sec. 26. Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7a, is 
16.16 	amended to read:
16.17 		Subd. 7a.Electronic ballot display. "Electronic ballot display" means a graphic 
16.18 	representation of a ballot on a computer monitor or screen on which a voter may make 
16.19 	vote choices for candidates and questions for the purpose of marking a nonelectronic 
16.20 	ballot or securely transmitting an electronic ballot to automatic tabulating equipment 
16.21 	in the polling place.

16.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.23 	Sec. 27. Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7b, is 
16.24 	amended to read:
16.25 		Subd. 7b.Electronic ballot marker. "Electronic ballot marker" means equipment 
16.26 	that is part of an electronic voting system that uses an electronic ballot display or audio 
16.27 	ballot reader to:
16.28 	(1) mark a nonelectronic ballot with votes selected by a voter; or
16.29 	(2) securely transmit a ballot electronically to automatic tabulating equipment in the 
16.30 	polling place.

16.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

17.1 	Sec. 28. Minnesota Statutes 2005 Supplement, section 206.56, subdivision 8, is 
17.2 	amended to read:
17.3 		Subd. 8.Electronic voting system. "Electronic voting system" means a system 
17.4 	in which the voter records votes by means of marking or transmitting a ballot, so that 
17.5 	votes may be counted by automatic tabulating equipment in the polling place where the 
17.6 	ballot is cast or at a counting center.
17.7 	An electronic voting system includes automatic tabulating equipment; nonelectronic 
17.8 	ballot markers; electronic ballot markers, including electronic ballot display, audio ballot 
17.9 	reader, and devices by which the voter will register the voter's voting intent; software used 
17.10 	to program automatic tabulators and layout ballots; computer programs used to accumulate 
17.11 	precinct results; ballots; secrecy folders; system documentation; and system testing results.

17.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

17.13 	Sec. 29. Minnesota Statutes 2005 Supplement, section 206.61, subdivision 5, is 
17.14 	amended to read:
17.15 		Subd. 5.Alternation. The provisions of the election laws requiring the alternation 
17.16 	of names of candidates must be observed as far as practicable by changing the order 
17.17 	of the names on an electronic voting system in the various precincts so that each name 
17.18 	appears on the machines or marking devices used in a municipality substantially an equal 
17.19 	number of times in the first, last, and in each intermediate place in the list or group in 
17.20 	which they belong. However, the arrangement of candidates' names must be the same 
17.21 	on all voting systems used in the same precinct. If the number of names to be alternated 
17.22 	exceeds the number of precincts, the election official responsible for providing the ballots, 
17.23 	in accordance with subdivision 1, shall determine by lot the alternation of names.
17.24 	If an electronic ballot marker is used with a paper ballot that is not an optical scan 
17.25 	ballot card, the manner of alternation of candidate names on the paper ballot must be as 
17.26 	prescribed for optical scan ballots in this subdivision. If a machine is used to securely 
17.27 	transmit a ballot electronically to automatic tabulating equipment in the polling place, 
17.28 	the manner of alternation of candidate names on the transmitting machine must be as 
17.29 	prescribed for optical scan ballots in this subdivision.

17.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

17.31 	Sec. 30. Minnesota Statutes 2005 Supplement, section 206.80, is amended to read:
17.32 	206.80 ELECTRONIC VOTING SYSTEMS.
17.33 	(a) An electronic voting system may not be employed unless it:
18.1 	(1) permits every voter to vote in secret;
18.2 	(2) permits every voter to vote for all candidates and questions for whom or upon 
18.3 	which the voter is legally entitled to vote;
18.4 	(3) provides for write-in voting when authorized;
18.5 	(4) automatically rejects, except as provided in section 206.84 with respect to 
18.6 	write-in votes, all votes for an office or question when the number of votes cast on it 
18.7 	exceeds the number which the voter is entitled to cast;
18.8 	(5) permits a voter at a primary election to select secretly the party for which the 
18.9 	voter wishes to vote;
18.10 	(6) automatically rejects all votes cast in a primary election by a voter when the voter 
18.11 	votes for candidates of more than one party; and
18.12 	(7) provides every voter an opportunity to verify votes recorded on the permanent 
18.13 	paper ballot or paper record, either visually or using assistive voting technology, and to 
18.14 	change votes or correct any error before the voter's ballot is cast and counted, produces 
18.15 	an individual, discrete, permanent, paper ballot or paper record of the ballot cast by the 
18.16 	voter, and preserves the paper ballot or paper record as an official record available for 
18.17 	use in any recount.
18.18 	(b) An electronic voting system purchased on or after June 4, 2005, may not be 
18.19 	employed unless it:
18.20 	(1) accepts and tabulates, in the polling place or at a counting center, a marked 
18.21 	optical scan ballot; or
18.22 	(2) creates a marked optical scan ballot that can be tabulated in the polling place or 
18.23 	at a counting center by automatic tabulating equipment certified for use in this state; or
18.24 	(3) securely transmits a ballot electronically to automatic tabulating equipment in 
18.25 	the polling place while creating an individual, discrete, permanent paper record of each 
18.26 	vote on the ballot.

18.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.28 	Sec. 31. Minnesota Statutes 2005 Supplement, section 206.805, subdivision 1, is 
18.29 	amended to read:
18.30 		Subdivision 1.Contracts required. (a) The secretary of state, with the assistance 
18.31 	of the commissioner of administration, shall establish one or more state voting systems 
18.32 	contracts. The contracts should, if practical, include provisions for maintenance of the 
18.33 	equipment purchased. The voting systems contracts must address precinct-based optical 
18.34 	scan voting equipment, and ballot marking equipment for persons with disabilities and 
18.35 	other voters, and assistive voting machines that combine voting methods used for persons 
19.1 	with disabilities with precinct-based optical scan voting machines. The contracts must 
19.2 	give the state a perpetual license to use and modify the software. The contracts must 
19.3 	include provisions to escrow the software source code, as provided in subdivision 2. Bids 
19.4 	for voting systems and related election services must be solicited from each vendor selling 
19.5 	or leasing voting systems that have been certified for use by the secretary of state. The 
19.6 	contracts must be renewed from time to time.
19.7 	(b) The secretary of state shall appoint an advisory committee, including 
19.8 	representatives of the state chief information officer, county auditors, municipal clerks who 
19.9 	have had operational experience with the use of electronic voting systems, and members 
19.10 	of the disabilities community to advise the secretary of state in reviewing and evaluating 
19.11 	the merits of proposals submitted from voting equipment vendors for the state contracts.
19.12 	(c) Counties and municipalities may purchase or lease voting systems and obtain 
19.13 	related election services from the state contracts. All counties and municipalities are 
19.14 	members of the cooperative purchasing venture of the Department of Administration for 
19.15 	the purpose of this section. For the purpose of township elections, counties must aggregate 
19.16 	orders under contracts negotiated under this section for products and services and may 
19.17 	apportion the costs of those products and services proportionally among the townships 
19.18 	receiving the products and services. The county is not liable for the timely or accurate 
19.19 	delivery of those products or services.

19.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

19.21 	Sec. 32. Minnesota Statutes 2005 Supplement, section 206.82, subdivision 2, is 
19.22 	amended to read:
19.23 		Subd. 2.Plan. (a) Subject to paragraph (b), the municipal clerk in a municipality 
19.24 	where an electronic voting system is used and the county auditor of a county in which an 
19.25 	electronic voting system is used in more than one municipality and the county auditor of 
19.26 	a county in which a counting center serving more than one municipality is located shall 
19.27 	prepare a plan which indicates acquisition of sufficient facilities, computer time, and 
19.28 	professional services and which describes the proposed manner of complying with section 
19.29 	206.80. The plan must be signed, notarized, and submitted to the secretary of state more 
19.30 	than 60 days before the first election at which the municipality uses an electronic voting 
19.31 	system. Prior to July 1 of each subsequent general election year, the clerk or auditor 
19.32 	shall submit to the secretary of state notification of any changes to the plan on file with 
19.33 	the secretary of state. The secretary of state shall review each plan for its sufficiency and 
19.34 	may request technical assistance from the Department of Administration or other agency 
19.35 	which may be operating as the central computer authority. The secretary of state shall 
20.1 	notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 
20.2 	of receipt of the plan. The attorney general, upon request of the secretary of state, may 
20.3 	seek a district court order requiring an election official to fulfill duties imposed by this 
20.4 	subdivision or by rules promulgated pursuant to this section.
20.5 	(b) Systems implemented by counties and municipalities in calendar year 2006 are 
20.6 	exempt from paragraph (a) and section 206.58, subdivision 4, if:
20.7 	(1) the municipality has fewer than 10,000 residents; and
20.8 	(2) a valid county plan was filed by the county auditor of the county in which the 
20.9 	municipality is located.

20.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

20.11 	Sec. 33. Minnesota Statutes 2005 Supplement, section 206.83, is amended to read:
20.12 	206.83 TESTING OF VOTING SYSTEMS.
20.13 	Within 14 days before election day, the official in charge of elections shall have the 
20.14 	voting system tested to ascertain that the system will correctly mark or securely transmit 
20.15 	to automatic tabulating equipment in the polling place ballots using all methods supported 
20.16 	by the system, including through assistive technology, and count the votes cast for all 
20.17 	candidates and on all questions. Public notice of the time and place of the test must be 
20.18 	given at least two days in advance by publication once in official newspapers. The test 
20.19 	must be observed by at least two election judges, who are not of the same major political 
20.20 	party, and must be open to representatives of the political parties, candidates, the press, 
20.21 	and the public. The test must be conducted by (1) processing a preaudited group of ballots 
20.22 	punched or marked to record a predetermined number of valid votes for each candidate 
20.23 	and on each question, and must include for each office one or more ballot cards which 
20.24 	have votes in excess of the number allowed by law in order to test the ability of the voting 
20.25 	system tabulator and electronic ballot marker to reject those votes; and (2) processing an 
20.26 	additional test deck of ballots marked using the electronic ballot marker for the precinct, 
20.27 	including ballots marked or ballots securely transmitted electronically to automatic 
20.28 	tabulating equipment in the polling place using the electronic ballot display, audio ballot 
20.29 	reader, and any assistive voting technology used with the electronic ballot marker. If any 
20.30 	error is detected, the cause must be ascertained and corrected and an errorless count must 
20.31 	be made before the voting system may be used in the election. After the completion of 
20.32 	the test, the programs used and ballot cards must be sealed, retained, and disposed of as 
20.33 	provided for paper ballots.

20.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.1 	Sec. 34. [206.89] POSTELECTION REVIEW OF VOTING SYSTEMS.
21.2 		Subdivision 1. Definition.  For purposes of this section "post election review 
21.3 	official" means the election administration official who is responsible for the conduct of 
21.4 	elections in a precinct selected for review under this section.
21.5 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
21.6 	county canvassing board in each county must set the date, time, and place for the 
21.7 	postelection review of the state general election to be held under this section.  
21.8 	At the canvass of the state general election, the county canvassing boards must select 
21.9 	the precincts to be reviewed. The county canvassing board of a county with fewer than 
21.10 	50,000 registered voters must select at least two precincts for postelection review.  The 
21.11 	county canvassing board of a county with between 50,000 and 100,000 registered voters 
21.12 	must select at least three precincts for review.  The county canvassing board of a county 
21.13 	with over 100,000 registered voters must select at least four precincts.  The precincts must 
21.14 	be selected by lot at a public meeting.  At least one precinct selected in each county must 
21.15 	have had more than 150 votes cast at the general election.
21.16 	The county auditor must notify the secretary of state of the precincts that have been 
21.17 	chosen for review and the time and place the postelection review for that county will 
21.18 	be conducted, as soon as the decisions are made.  The secretary of state must post this 
21.19 	information on the office Web site.
21.20 		Subd. 3. Scope and conduct of review.  The county canvassing board shall appoint 
21.21 	the post election review official as defined in subdivision 1. The post election review must 
21.22 	be conducted of the votes cast for President or governor; United States Senator; and 
21.23 	United States Representative. The post election review official may conduct postelection 
21.24 	review of the votes cast for additional offices.
21.25 	The postelection review must be conducted in public at the location where the 
21.26 	voted ballots have been securely stored after the state general election or at another 
21.27 	location chosen by the county canvassing board. The post election review official for 
21.28 	each precinct selected must conduct the postelection review and may be assisted by 
21.29 	election judges designated by the post election review official for this purpose. The party 
21.30 	balance requirement of section 204B.19 applies to election judges designated for the 
21.31 	review. The postelection review must consist of a manual count of the ballots used in the 
21.32 	precincts selected and must be performed in the manner provided by section 204C.21. 
21.33 	The postelection review must be conducted in the manner provided for recounts under 
21.34 	section 204C.361 to the extent practicable. The review must be completed no later 
21.35 	than two days before the meeting of the state canvassing board to certify the results of 
21.36 	the state general election.
22.1 		Subd. 4. Standard of acceptable performance by voting system.  A comparison 
22.2 	of the results compiled by the voting system with the postelection review described in this 
22.3 	section must show that the results of the electronic voting system differed by no more than 
22.4 	one-half of one percent from the manual count of the offices reviewed.  Valid votes that 
22.5 	have been marked by the voter outside the vote targets or using a manual marking device 
22.6 	that cannot be read by the voting system must not be included in making the determination 
22.7 	whether the voting system has met the standard of acceptable performance for any precinct.
22.8 		Subd. 5. Additional review.   (a) If the postelection review reveals a difference 
22.9 	greater than one-half of one percent, the post election review official must, within two 
22.10 	days, conduct an additional review of at least three precincts in the same jurisdiction where 
22.11 	the discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, 
22.12 	the county auditor must immediately publicly select by lot at least three additional 
22.13 	precincts for review. The post election review official must complete the additional review 
22.14 	within two days after the precincts are selected and report the results immediately to the 
22.15 	county auditor. If the second review also indicates a difference in the vote totals compiled 
22.16 	by the voting system that is greater than one-half of one percent from the result indicated 
22.17 	by the postelection review, the county auditor must conduct a review of the ballots from 
22.18 	all the remaining precincts in the county. This review must be completed no later than 
22.19 	six weeks after the state general election.
22.20 	(b) If the results from the countywide reviews from one or more counties comprising 
22.21 	in the aggregate more than ten percent of the total number of persons voting in the election 
22.22 	clearly indicate that an error in vote counting has occurred, the post election review official 
22.23 	must conduct a manual recount of all the ballots in the district for the affected office. The 
22.24 	recount must be completed and the results reported to the appropriate canvassing board no 
22.25 	later than ten weeks after the state general election.
22.26 		Subd. 6. Report of results. 
 22.27 	Upon completion of the postelection review, the post election review official must 
22.28 	immediately report the results to the county auditor.  The county auditor must then 
22.29 	immediately submit the results of the postelection review electronically or in writing to 
22.30 	the secretary of state not later than two days before the State Canvassing Board meets to 
22.31 	canvass the state general election.  The secretary of state shall report the results of the 
22.32 	postelection review at the meeting of the State Canvassing Board to canvass the state 
22.33 	general election.
22.34 		Subd. 7. Update of vote totals.  If the postelection review under this section results 
22.35 	in a change in the number of votes counted for any candidate, the revised vote totals must 
22.36 	be incorporated in the official result from those precincts.
23.1 		Subd. 8. Effect on voting systems.  If a voting system is found to have failed 
23.2 	to record votes accurately and in the manner provided by the Minnesota election law, 
23.3 	the voting system must not be used at another election until it has been examined and 
23.4 	recertified by the secretary of state. If the voting system failure is attributable to either its 
23.5 	design or to actions of the vendor, the vendor must forfeit the vendor bond required by 
23.6 	section 206.57 and the performance bond required by section 206.66. 
23.7 		Subd. 9. Costs of review.  The costs of the postelection review required by this 
23.8 	section must be allocated as follows: 
23.9 	(1) the governing body responsible for each precinct selected for review must pay 
23.10 	the costs incurred for the review conducted under subdivision 2 or 5, paragraph (a); 
23.11 	(2) the vendor of the voting system must pay any costs incurred by the secretary 
23.12 	of state to examine and recertify the voting system; and
23.13 	(3) the secretary of state must reimburse local units of government for the costs of 
23.14 	any recount required under subdivision 5, paragraph (b).
23.15 		Subd. 10. Time for filing election contest.  The appropriate canvass is not 
23.16 	completed and the time for notice of a contest of election does not begin to run until all 
23.17 	reviews under this section have been completed.

23.18 	Sec. 35. [206.895] SECRETARY OF STATE MONITOR.
23.19 	The secretary of state must monitor and evaluate election procedures in precincts 
23.20 	subject to the audit provided for in section 206.89 in at least four precincts in each 
23.21 	congressional district. The precincts must be chosen by lot by the State Canvassing Board 
23.22 	at its meeting to canvass the state general election.

23.23 	Sec. 36. Minnesota Statutes 2005 Supplement, section 206.90, subdivision 8, is 
23.24 	amended to read:
23.25 		Subd. 8.Duties of election officials. The official in charge of elections in each 
23.26 	municipality where an optical scan voting system is used shall have the electronic ballot 
23.27 	marker that examines and marks votes on ballot cards or the machine that securely 
23.28 	transmits a ballot electronically to automatic tabulating equipment in the polling place
23.29 	and the automatic tabulating equipment that examines and counts votes as ballot cards are 
23.30 	deposited into ballot boxes put in order, set, adjusted, and made ready for voting when 
23.31 	delivered to the election precincts. Whenever a ballot card created by an electronic ballot 
23.32 	marker certified by the secretary of state is rejected by an optical scan voting system, two 
23.33 	election judges who are members of different major political parties shall transcribe the 
24.1 	votes on the ballot rejected by the optical scan voting system pursuant to the procedures 
24.2 	set forth in section 206.86, subdivision 5. 

24.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

24.4 	Sec. 37. [206.91] VOTING MACHINES OPTIONS WORKING GROUP.
24.5 	(a) A working group is hereby established to investigate and recommend to the 
24.6 	legislature requirements for additional options for voting equipment that complies with 
24.7 	the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to 
24.8 	provide private and independent voting for individuals with disabilities.
24.9 	The working group must be cochaired by representatives of the Minnesota Disability 
24.10 	Law Center and Citizens for Election Integrity - Minnesota.
24.11 	(b) The working group must convene its first meeting by June 30, 2006, and must 
24.12 	report to the legislature by February 15, 2007.
24.13 	(c) The working group must include, but is not limited to:
24.14 	(1) the disability community;
24.15 	(2) the secretary of state;
24.16 	(3) county and local election officials;
24.17 	(4) major and minor political parties;
24.18 	(5)(i) one member of the senate majority caucus and one member of the senate 
24.19 	minority caucus appointed by the Subcommittee on Committees of the Committee on 
24.20 	Rules and Administration; and
24.21 	(ii) one member of the house majority caucus and one member of the house minority 
24.22 	caucus appointed by the speaker;
24.23 	(6) nonpartisan organizations;
24.24 	(7) at least one individual with computer security expertise and knowledge of 
24.25 	elections; and 
24.26 	(8) members of the public, other than vendors of election equipment, selected 
24.27 	by consensus of the other members, including representatives of language and other 
24.28 	minorities.
24.29 	(d) Members of the working group will be selected by:
24.30 	(1) a representative of the Office of the Secretary of State;
24.31 	(2) a representative of the county election officials;
24.32 	(3) the cochairs; and 
24.33 	(4) two legislators representing each party.

24.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

25.1 	Sec. 38. Minnesota Statutes 2004, section 211A.02, subdivision 2, is amended to read:
25.2 		Subd. 2.Information required. The report to be filed by a candidate or committee 
25.3 	must include:
25.4 	(1) the name of the candidate or ballot question;
25.5 	(2) the name and address of the person responsible for filing the report;
25.6 	(3) the total amount of receipts and expenditures for the period from the last previous 
25.7 	report to five days before the current report is due;
25.8 	(4) the amount, date, and purpose for each expenditure; and
25.9 	(5) the name, address, and employer, or occupation if self-employed,  of any 
25.10 	individual or committee that during the year has made one or more contributions that in 
25.11 	the aggregate are equal to or greater than $500 $100, and the amount and date of each 
25.12 	contribution.

25.13 	EFFECTIVE DATE. This section is effective January 1, 2007. 

25.14 	Sec. 39. ELECTIONS RULES.
 25.15 	(a) The rules adopted by the Office of the Secretary of State on August 9, 2004, 
25.16 	pursuant to the authority granted in Laws 2004, chapter 293, article 1, section 39, are made 
25.17 	permanent as if they had been adopted pursuant to Minnesota Statutes, sections 14.05 to 
25.18 	14.28, with only the following express exceptions:
25.19 	(b) The secretary of state shall amend the rules pursuant to the good cause provision 
25.20 	in section 14.88, subdivision 1, clause (3), as follows: 
25.21 	(1) The secretary of state shall amend Minnesota Rules, parts 8200.1100, 8200.1200, 
25.22 	subparts 1a and 1b, 8200.1700, 8200.3700, and 8200.9310, subpart 4 so that effective 
25.23 	August 10, 2006, these rules are identical to the language contained in them on August 
25.24 	8, 2004.
25.25 	(2) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 
25.26 	1, effective August 10, 2006, to add a new clause (4) to paragraph A that adds a tribal 
25.27 	identification card as provided by Minnesota Statutes, section 201.061, subdivision 3, 
25.28 	paragraph (d), clause (1).
25.29 	(3) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 
25.30 	2, effective August 10, 2006, to: 
25.31 	 (i) add a new clause (5) to paragraph A that adds a tribal identification card as 
25.32 	provided by Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause 
25.33 	(2); and 
25.34 	(ii) add cellular telephone to the list in paragraph B.
26.1 	(4) The secretary of state shall amend Minnesota Rules, part 8200.9115, subpart 1, 
26.2 	effective August 10, 2006, so that the certification at the top of each page of the polling 
26.3 	place roster includes the statement that the individual is not under a guardianship of 
26.4 	the person in which the court order revokes the individual's right to vote; and that the 
26.5 	individual has the right to vote because, if convicted of a felony, the individual's felony 
26.6 	sentence has expired (been completed) or the individual has been discharged from the 
26.7 	individual's sentence.
26.8 	(5) The secretary of state shall amend Minnesota Rules, part 8210.0100, subpart 
26.9 	2, effective August 10, 2006, so that the form of the affidavit of eligibility includes 
26.10 	certification by the individual that the individual is not under a guardianship of the person 
26.11 	in which the court order revokes the individual's right to vote, and that the individual has 
26.12 	the right to vote because, if convicted of a felony, the individual's felony sentence has 
26.13 	expired (been completed) or the individual has been discharged from the individual's 
26.14 	sentence.
26.15 	(6) The secretary of state shall amend Minnesota Rules, part 8210.0500, subpart 
26.16 	2, effective August 10, 2006, to:
26.17 	(i) add a tribal identification card as provided in Minnesota Statutes, section 201.061, 
26.18 	subdivision 3, paragraph (d), clause (1) to the list in Step 3, item a; 
26.19 	(ii) add cellular telephone to the list in Step 3, item b, subitem (i); 
26.20 	(iii) add a tribal identification card as provided in Minnesota Statutes, section 
26.21 	201.061, subdivision 3, paragraph (d), clause (2), to the list in Step 3, item b, subitem (ii); 
26.22 	(iv) repeal Step 3, item f; and
26.23 	(v) add a new Step to be numbered Step 10 and placed between the current Step 
26.24 	9 and Step 10 that directs the voter, if the voter has been provided with an additional 
26.25 	envelope to conceal the signature, identification, and other information, to place the white 
26.26 	ballot return envelope into the additional envelope; and directs the voter, if the voter has 
26.27 	been provided a white ballot envelope with an additional flap that when sealed, conceals 
26.28 	the signature, identification, and other information, to make sure that the flap is properly in 
26.29 	place to conceal that information.
26.30 	(7) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 2, 
26.31 	item B, to add cellular telephone to the list in that item.

26.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

26.33 	Sec. 40.  REPEALER.
 26.34 	Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, and 6, and 
26.35 	Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1 and 2, are repealed.