HF 3172

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to elections; exempting lobbying activities related to a ballot question 1.3from campaign finance reporting requirements; changing a definition and certain 1.4exceptions; requiring preelection reports of certain political committees and 1.5political funds; changing preelection reporting requirements for contributions 1.6to candidates; advancing deadline to file affidavit of contributions; requiring 1.7captioning of certain campaign advertisements; providing for delivery of 1.8absentee ballots to an agent of certain persons and return of ballots by the agent; 1.9permitting appointment of election judges not affiliated with a major political 1.10party; eliminating an approval requirement for mail elections; increasing the 1.11maximum time to conduct certain special elections; modifying recount of special 1.12primary or special election; changing certain school district election provisions; 1.13authorizing certain school board primary elections; shortening time to complete 1.14postelection review of electronic voting system results; changing a prohibition 1.15on certain expenditures; authorizing use of certain voter registration application 1.16forms;amending Minnesota Statutes 2006, sections 10A.01, subdivisions 1.177, 26; 10A.071, subdivision 3; 10A.14, subdivision 1; 10A.20, subdivision 1.185; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 3; 203B.11, 1.19subdivision 4; 204B.21, subdivisions 1, 2; 204B.46; 204D.19, subdivision 2; 1.20204D.23, subdivision 2; 204D.27, by adding a subdivision; 205.075, by adding 1.21a subdivision; 205A.03, subdivision 1; 205A.06, subdivision 1a; 205A.10, 1.22subdivision 2; 205A.12, by adding a subdivision; 206.89, subdivision 5; 211B.12; 1.23proposing coding for new law in Minnesota Statutes, chapter 10A. 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 7, is amended to read: 1.26    Subd. 7. Ballot question. "Ballot question" means a question or proposition that is 1.27placed on the ballot and that may be voted on by all voters of the state. "Promoting or 1.28defeating a ballot question" includes activities new text begin , other than lobbying activities, new text end related to 1.29qualifying the question for placement on the ballot. 1.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2008. new text end 2.1    Sec. 2. Minnesota Statutes 2006, section 10A.01, subdivision 26, is amended to read: 2.2    Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means 2.3a purchase or payment of money or anything of value made, or an advance of credit 2.4incurred, or a donation in kind received, by a principal campaign committee for any of 2.5the following purposes: 2.6    (1) payment for accounting and legal services; 2.7    (2) return of a contribution to the source; 2.8    (3) repayment of a loan made to the principal campaign committee by that 2.9committee; 2.10    (4) return of a public subsidy; 2.11    (5) payment for food, beverages, entertainment, and facility rental for a fund-raising 2.12event; 2.13    (6) services for a constituent by a member of the legislature or a constitutional officer 2.14in the executive branch, including the costs of preparing and distributing a suggestion or 2.15idea solicitation to constituents, performed from the beginning of the term of office to 2.16adjournment sine die of the legislature in the election year for the office held, and half 2.17the cost of services for a constituent by a member of the legislature or a constitutional 2.18officer in the executive branch performed from adjournment sine die to 60 days after 2.19adjournment sine die; 2.20    (7) payment for food and beverages consumed by a candidate or volunteers while 2.21they are engaged in campaign activities; 2.22    (8) payment for food or a beverage consumed while attending a reception or meeting 2.23directly related to legislative duties; 2.24    (9) payment of expenses incurred by elected or appointed leaders of a legislative 2.25caucus in carrying out their leadership responsibilities; 2.26    (10) payment by a principal campaign committee of the candidate's expenses for 2.27serving in public office, other than for personal uses; 2.28    (11) costs of child care for the candidate's children when campaigning; 2.29    (12) fees paid to attend a campaign school; 2.30    (13) costs of a postelection party during the election year when a candidate's name 2.31will no longer appear on a ballot or the general election is concluded, whichever occurs 2.32first; 2.33    (14) interest on loans paid by a principal campaign committee on outstanding loans; 2.34    (15) filing fees; 2.35    (16) post-general election thank-you notes or advertisements in the news media; 3.1    (17) the cost of campaign material purchased to replace defective campaign material, 3.2if the defective material is destroyed without being used; 3.3    (18) contributions to a party unit; 3.4    (19) payments for funeral gifts or memorials; 3.5    (20) the cost of a magnet less than six inches in diameter containing legislator 3.6contact information and distributed to constituents; and 3.7    (21) new text begin costs associated with a candidate attending a political party state or national new text end 3.8 new text begin convention in this state; and new text end 3.9     new text begin (22) new text end other purchases or payments specified in board rules or advisory opinions as 3.10being for any purpose other than to influence the nomination or election of a candidate 3.11or to promote or defeat a ballot question. 3.12    The board must determine whether an activity involves a noncampaign disbursement 3.13within the meaning of this subdivision. 3.14    A noncampaign disbursement is considered to be made in the year in which the 3.15candidate made the purchase of goods or services or incurred an obligation to pay for 3.16goods or services. 3.17    Sec. 3. Minnesota Statutes 2006, section 10A.071, subdivision 3, is amended to read: 3.18    Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is: 3.19    (1) a contribution as defined in section 10A.01, subdivision 11; 3.20    (2) services to assist an official in the performance of official duties, including 3.21but not limited to providing advice, consultation, information, and communication in 3.22connection with legislation, and services to constituents; 3.23    (3) services of insignificant monetary value; 3.24    (4) a plaque or similar memento recognizing individual services in a field of 3.25specialty or to a charitable cause new text begin with a resale value of $5 or less new text end ; 3.26    (5) a trinket or memento costing $5 or less; 3.27    (6) informational material of unexceptional value; or 3.28    (7) food or a beverage given at a reception, meal, or meeting away from the 3.29recipient's place of work by an organization before whom the recipient appears to make a 3.30speech or answer questions as part of a program. 3.31    (b) The prohibitions in this section do not apply if the gift is given: 3.32    (1) because of the recipient's membership in a group, a majority of whose members 3.33are not officials, and an equivalent gift is given to the other members of the group; or 3.34    (2) by a lobbyist or principal who is a member of the family of the recipient, unless 3.35the gift is given on behalf of someone who is not a member of that family. 4.1    Sec. 4. Minnesota Statutes 2006, section 10A.14, subdivision 1, is amended to read: 4.2    Subdivision 1. First registration. The treasurer of a political committee, political 4.3fund, principal campaign committee, or party unit must register with the board by filing a 4.4statement of organization no later than 14 days after the committee, fund, or party unit has 4.5made a contribution, received contributions, or made expenditures in excess of $100 new text begin , or new text end 4.6 new text begin by the end of the next business day after it has received a loan or contribution that must be new text end 4.7 new text begin reported under section 10A.20, subdivision 5, whichever is earlier new text end . 4.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to new text end 4.9 new text begin contributions made on or after that date. new text end 4.10    Sec. 5. Minnesota Statutes 2006, section 10A.20, subdivision 5, is amended to read: 4.11    Subd. 5. Preelection reports. new text begin Any loan, contribution, or contributions to a new text end 4.12 new text begin political committee or political fund from any one source totaling $1,000 or more, or new text end in a 4.13statewide election new text begin for judicial office, new text end any loan, contribution, or contributions from any one 4.14source totaling $2,000 or more, or in any judicial district or legislative election totaling 4.15more than $400 new text begin or more new text end , new text begin and any loan, contribution, or contributions to a candidate for new text end 4.16 new text begin constitutional office or for the legislature from any one source totaling 80 percent or new text end 4.17 new text begin more of the contribution limit for the office, new text end received between the last day covered in the 4.18last report before an election and the election must be reported to the board in one of 4.19the following ways: 4.20    (1) in person within 48 hours new text begin by the end of the next business day new text end after its receipt; new text begin or new text end 4.21    (2) by telegram or mailgram within 48 hours after its receipt; 4.22    (3) by certified mail sent within 48 hours after its receipt; or 4.23    (4) by electronic means sent within 48 new text begin 24 new text end hours after its receipt. 4.24    These loans and contributions must also be reported in the next required report. 4.25    The 48-hour new text begin This new text end notice requirement does not apply with respect to a primary in 4.26which the statewide or legislative candidate is unopposed. 4.27     new text begin The board must post the report on its Web site by the end of the next business day new text end 4.28 new text begin after it is received. new text end 4.29    Sec. 6. Minnesota Statutes 2006, section 10A.322, subdivision 1, is amended to read: 4.30    Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public 4.31subsidy, a candidate must sign and file with the board a written agreement in which the 4.32candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 4.3310 ; 10A.31, subdivision 7, paragraph (c); and 10A.324 new text begin ; and 10A.38 new text end . 5.1    (b) Before the first day of filing for office, the board must forward agreement forms to 5.2all filing officers. The board must also provide agreement forms to candidates on request at 5.3any time. The candidate must file the agreement with the board by September 1 preceding 5.4the candidate's general election or a special election held at the general election. An 5.5agreement may not be filed after that date. An agreement once filed may not be rescinded. 5.6    (c) The board must notify the commissioner of revenue of any agreement signed 5.7under this subdivision. 5.8    (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means 5.9of a special election and the filing period does not coincide with the filing period for the 5.10general election, a candidate may sign and submit a spending limit agreement not later 5.11than the day after the candidate files the affidavit of candidacy or nominating petition 5.12for the office. 5.13    Sec. 7. Minnesota Statutes 2006, section 10A.323, is amended to read: 5.1410A.323 AFFIDAVIT OF CONTRIBUTIONS. 5.15    In addition to the requirements of section 10A.322, to be eligible to receive a public 5.16subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit 5.17with the board stating that during that calendar year the candidate has accumulated 5.18contributions from persons eligible to vote in this state in at least the amount indicated for 5.19the office sought, counting only the first $50 received from each contributor: 5.20    (1) candidates for governor and lieutenant governor running together, $35,000; 5.21    (2) candidates for attorney general, $15,000; 5.22    (3) candidates for secretary of state and state auditor, separately, $6,000; 5.23    (4) candidates for the senate, $3,000; and 5.24    (5) candidates for the house of representatives, $1,500. 5.25    The affidavit must state the total amount of contributions that have been received 5.26from persons eligible to vote in this state, disregarding the portion of any contribution in 5.27excess of $50. 5.28    The candidate or the candidate's treasurer must submit the affidavit required by this 5.29section to the board in writing by September 1 of the general election year new text begin the cutoff new text end 5.30 new text begin date for reporting of receipts and expenditures before a primary under section 10A.20, new text end 5.31 new text begin subdivision 4 new text end . 5.32    A candidate for a vacancy to be filled at a special election for which the filing period 5.33does not coincide with the filing period for the general election must submit the affidavit 5.34required by this section to the board within five days after filing the affidavit of candidacy. 6.1    Sec. 8. new text begin [10A.38] CAPTIONING OF CAMPAIGN ADVERTISEMENTS. new text end 6.2     new text begin (a) This section applies to a campaign advertisement by a candidate who is governed new text end 6.3 new text begin by an agreement under section 10A.322. new text end 6.4     new text begin (b) "Campaign advertisement" means a visual or audio recording of two minutes or new text end 6.5 new text begin less produced by the candidate for the purpose of influencing the nomination or election new text end 6.6 new text begin of a candidate. new text end 6.7     new text begin (c) A campaign advertisement that is disseminated as an advertisement by broadcast new text end 6.8 new text begin or cable television must include closed captioning for deaf and hard-of-hearing viewers, new text end 6.9 new text begin unless the candidate has filed with the board before the advertisement is disseminated a new text end 6.10 new text begin statement setting forth the reasons for not doing so. A campaign advertisement that is new text end 6.11 new text begin disseminated as an advertisement to the public on the candidate's Web site must include new text end 6.12 new text begin closed captioning for deaf and hard-of-hearing viewers, unless the candidate has posted new text end 6.13 new text begin on the Web site a transcript of the spoken content of the advertisement or the candidate new text end 6.14 new text begin has filed with the board before the advertisement is disseminated a statement setting forth new text end 6.15 new text begin the reasons for not doing so. A campaign advertisement must not be disseminated as an new text end 6.16 new text begin advertisement by radio unless the candidate has posted on the candidate's Web site a new text end 6.17 new text begin transcript of the spoken content of the advertisement or the candidate has filed with the new text end 6.18 new text begin board before the advertisement is disseminated a statement setting forth the reasons for new text end 6.19 new text begin not doing so. new text end 6.20    Sec. 9. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read: 6.21    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 6.22at a time when absentee ballots are not yet available for distribution, the county auditor, 6.23or municipal clerk accepting the application shall file it and as soon as absentee ballots 6.24are available for distribution shall mail them to the address specified in the application. 6.25If an application for absentee ballots is accepted when absentee ballots are available for 6.26distribution, the county auditor or municipal clerk accepting the application shall promptly: 6.27    (1) mail the ballots to the voter whose signature appears on the application if the 6.28application is submitted by mail and does not request commercial shipping under clause 6.29(2); 6.30    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 6.31the voter's expense; 6.32    (3) deliver the absentee ballots directly to the voter if the application is submitted in 6.33person; or 6.34    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 6.35been designated to bring the ballots new text begin , as provided in section 203B.11, subdivision 4, new text end to a 7.1voter new text begin who would have difficulty getting to the polls because of incapacitating health new text end 7.2 new text begin reasons, or who is disabled, or new text end who is a patient in a health care facility, as provided in 7.3section 203B.11, subdivision 4, new text begin a resident of a facility providing assisted living services new text end 7.4 new text begin governed by chapter 144G, new text end a participant in a residential program for adults licensed under 7.5section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined 7.6in section 611A.37, subdivision 4. 7.7    (b) If an application does not indicate the election for which absentee ballots are 7.8sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 7.9the next election occurring after receipt of the application. Only one set of ballots may 7.10be mailed, shipped, or delivered to an applicant for any election, except as provided in 7.11section 203B.13, subdivision 2, or when a replacement ballot has been requested by the 7.12voter for a ballot that has been spoiled or lost in transit. 7.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held on or after June new text end 7.14 new text begin 1, 2008. new text end 7.15    Sec. 10. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read: 7.16    Subd. 4. Agent delivery of ballots. During the four new text begin seven new text end days preceding an 7.17election and until 2:00 p.m. on election day, an eligible voter new text begin who would have difficulty new text end 7.18 new text begin getting to the polls because of incapacitating health reasons, or who is disabled, or new text end who is 7.19a patient of a health care facility, new text begin a resident of a facility providing assisted living services new text end 7.20 new text begin governed by chapter 144G, new text end a participant in a residential program for adults licensed under 7.21section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in 7.22section 611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter 7.23from the county auditor or municipal clerk. new text begin An agent must have a preexisting relationship new text end 7.24 new text begin with the voter. new text end A candidate at the election may not be designated as an agent. The voted 7.25ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m. 7.26on election day. The voter must complete an affidavit requesting the auditor or clerk to 7.27provide the agent with the ballots in a sealed transmittal envelope. The affidavit must 7.28include a statement from the voter stating that the ballots were delivered to the voter by 7.29the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than 7.30three persons in any election. The secretary of state shall provide samples of the affidavit 7.31and transmission envelope for use by the county auditors. 7.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held on or after June new text end 7.33 new text begin 1, 2008. new text end 8.1    Sec. 11. Minnesota Statutes 2006, section 204B.21, subdivision 1, is amended to read: 8.2    Subdivision 1. Appointment lists; duties of political parties and county auditor. 8.3    On July new text begin June new text end 1 in a year in which there is an election for a partisan political office, the 8.4county or legislative district chairs of each major political party, whichever is designated 8.5by the state party, shall prepare a list of eligible voters to act as election judges in each 8.6election precinct in the county or legislative district. The chairs shall furnish the lists to 8.7the county auditor of the county in which the precinct is located. 8.8    By July new text begin June new text end 15, the county auditor shall furnish to the appointing authorities a list 8.9of the appropriate names for each election precinct in the jurisdiction of the appointing 8.10authority. Separate lists shall be submitted by the county auditor for each major political 8.11party. 8.12    Sec. 12. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read: 8.13    Subd. 2. Appointing authority; powers and duties. Election judges for precincts 8.14in a municipality shall be appointed by the governing body of the municipality. Election 8.15judges for precincts in unorganized territory and for performing election-related duties 8.16assigned by the county auditor shall be appointed by the county board. Election judges for 8.17a precinct composed of two or more municipalities must be appointed by the governing 8.18body of the municipality or municipalities responsible for appointing election judges as 8.19provided in the agreement to combine for election purposes. new text begin Except as otherwise provided new text end 8.20 new text begin in this section, new text end appointments shall be made from lists furnished pursuant to subdivision 1 8.21subject to the eligibility requirements and other qualifications established or authorized 8.22under section 204B.19. new text begin At least two election judges in each precinct must be affiliated new text end 8.23 new text begin with different major political parties. new text end If no lists have been furnished or if additional 8.24election judges are required after all listed names have been exhausted, the appointing 8.25authority may appoint any other individual to serve as an election judge subject to the 8.26same requirements and qualifications new text begin individuals who meet the qualifications to serve as new text end 8.27 new text begin an election judge, including persons who are not affiliated with a major political party new text end . 8.28The appointments shall be made at least 25 days before the election at which the election 8.29judges will serve. 8.30    Sec. 13. Minnesota Statutes 2006, section 204B.46, is amended to read: 8.31204B.46 MAIL ELECTIONS; QUESTIONS. 8.32    A county, municipality, or school district submitting questions to the voters at a 8.33special election may apply to the county auditor for approval of new text begin conduct new text end an election by 8.34mail with no polling place other than the office of the auditor or clerk. No more than two 9.1questions may be submitted at a mail election and no offices may be voted on. Notice of 9.2the election and new text begin must be given to the county auditor at least 53 days prior to the election. new text end 9.3 new text begin This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. new text end The 9.4special mail procedure new text begin ballot procedures new text end must be given new text begin posted new text end at least six weeks prior 9.5to the election. No earlier than 20 or later than 14 days prior to the election, the auditor 9.6or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, 9.7municipality, or school district. Eligible voters not registered at the time the ballots are 9.8mailed may apply for ballots pursuant to chapter 203B. 9.9    Sec. 14. Minnesota Statutes 2006, section 204D.19, subdivision 2, is amended to read: 9.10    Subd. 2. Special election when the Congress or legislature will be in session. 9.11    Except for vacancies in the legislature which occur at any time between the last day 9.12of session in an odd-numbered year and the 33rd new text begin 40th new text end day prior to the opening day of 9.13session in the succeeding even-numbered year, when a vacancy occurs and the Congress 9.14or legislature will be in session so that the individual elected as provided by this section 9.15could take office and exercise the duties of the office immediately upon election, the 9.16governor shall issue within five days after the vacancy occurs a writ calling for a special 9.17election. The special election shall be held as soon as possible, consistent with the notice 9.18requirements of section 204D.22, subdivision 3, but in no event more than 28 new text begin 35 new text end days 9.19after the issuance of the writ. 9.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.21    Sec. 15. Minnesota Statutes 2006, section 204D.23, subdivision 2, is amended to read: 9.22    Subd. 2. Time of filing. Except as provided in subdivision 3, the affidavits and 9.23petitions shall be filed no later than the seventh day new text begin 14 days new text end before the special primary. 9.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.25    Sec. 16. Minnesota Statutes 2006, section 204D.27, is amended by adding a 9.26subdivision to read: 9.27     new text begin Subd. 12. new text end new text begin Recounts. new text end new text begin In a special primary or special election, the provisions of new text end 9.28 new text begin section 204C.35 apply, except that the secretary of state may immediately proceed to new text end 9.29 new text begin recount the votes upon review of the certified reports of the county canvassing boards if new text end 9.30 new text begin it is apparent from the review that a recount is required. new text end 9.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.1    Sec. 17. Minnesota Statutes 2006, section 205.075, is amended by adding a subdivision 10.2to read: 10.3     new text begin Subd. 4. new text end new text begin Election judges; party balance. new text end new text begin The provisions of sections 204B.19, new text end 10.4 new text begin subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision new text end 10.5 new text begin 2, relating to party balance in the appointment of judges and to duties to be performed new text end 10.6 new text begin by judges of different major political parties do not apply to a town election not held new text end 10.7 new text begin in conjunction with a statewide election. new text end 10.8    Sec. 18. Minnesota Statutes 2006, section 205A.03, subdivision 1, is amended to read: 10.9    Subdivision 1. Required new text begin Resolution requiring new text end primary in certain circumstances. 10.10    In new text begin The school board of new text end a school district election, new text begin may, by resolution adopted by June 1 of new text end 10.11 new text begin any year, decide to choose nominees for school board by a primary as provided in this new text end 10.12 new text begin section. The resolution, when adopted, is effective for all ensuing elections of board new text end 10.13 new text begin members in that school district until it is revoked. If the board decides to choose nominees new text end 10.14 new text begin by primary and new text end if there are more than two candidates for a specified school board position 10.15or more than twice as many school board candidates as there are at-large school board 10.16positions available, a new text begin the new text end school district must hold a primary. 10.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.18    Sec. 19. Minnesota Statutes 2006, section 205A.06, subdivision 1a, is amended to read: 10.19    Subd. 1a. Filing period. new text begin In school districts that have adopted a resolution to choose new text end 10.20 new text begin nominees for school board by a primary election, new text end affidavits of candidacy must be filed 10.21with the school district clerk no earlier than the 70th day and no later than the 56th day 10.22before the first Tuesday after the second Monday in September in the year when the 10.23school district general election is held. new text begin In all other school districts, affidavits of candidacy new text end 10.24 new text begin must be filed no earlier than the 70th day and no later than the 56th day before the school new text end 10.25 new text begin district general election. new text end 10.26    Sec. 20. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read: 10.27    Subd. 2. Election, conduct. A school district election must be by secret ballot and 10.28must be held and the returns made in the manner provided for the state general election, as 10.29far as practicable. The vote totals from an absentee ballot board established pursuant to 10.30section 203B.13 may be tabulated and reported by the school district as a whole rather 10.31than by precinct. For school district elections not held in conjunction with a statewide 10.32election, the school board shall appoint election judges as provided in section 204B.21, 10.33subdivision 2 . The provisions of sections 204B.19, subdivision 5; new text begin 204B.21, subdivision 2; new text end 11.1204C.15 ; 204C.19; 206.64, subdivision 2; 206.83; and 206.86, subdivision 2, relating to 11.2party balance in appointment of judges and to duties to be performed by judges of different 11.3major political parties do not apply to school district elections not held in conjunction 11.4with a statewide election. 11.5    Sec. 21. Minnesota Statutes 2006, section 205A.12, is amended by adding a 11.6subdivision to read: 11.7     new text begin Subd. 5a. new text end new text begin School districts. new text end new text begin The school board of a school district may provide for new text end 11.8 new text begin the use by the district of an electronic voting system in one or more polling places or new text end 11.9 new text begin combined polling places in the school district for an election not held in conjunction with a new text end 11.10 new text begin statewide election. No system may be adopted or used unless it has been approved by the new text end 11.11 new text begin secretary of state pursuant to section 206.57. The school district shall notify the secretary new text end 11.12 new text begin of state of its decision in compliance with section 206.58, subdivision 4. new text end 11.13    Sec. 22. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read: 11.14    Subd. 5. Additional review. (a) If the postelection review reveals a difference 11.15greater than one-half of one percent, the postelection review official must, within two days, 11.16conduct an additional review of at least three precincts in the same jurisdiction where the 11.17discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the 11.18county auditor must immediately publicly select by lot at least three additional precincts 11.19for review. The postelection review official must complete the additional review within 11.20two days after the precincts are selected and report the results immediately to the county 11.21auditor. If the second review also indicates a difference in the vote totals compiled by the 11.22voting system that is greater than one-half of one percent from the result indicated by the 11.23postelection review, the county auditor must conduct a review of the ballots from all the 11.24remaining precincts in the county. This review must be completed no later than six weeks 11.25after the state general election new text begin and the results must be reported to the secretary of state new text end 11.26 new text begin within one week after the second review was completed new text end . 11.27    (b) If the results from the countywide reviews from one or more counties comprising 11.28in the aggregate more than ten percent of the total number of persons voting in the election 11.29clearly indicate that an error in vote counting has occurred, the new text begin secretary of state must new text end 11.30 new text begin notify the new text end postelection review official new text begin of each county in the district that they new text end must conduct 11.31a manual recount new text begin recounts new text end of all the ballots in the district for the affected office new text begin using the new text end 11.32 new text begin procedure outlined in section 204C.35 new text end . The recount must be completed and the results 11.33reported to the appropriate canvassing board no later than ten weeks after the state general 12.1election new text begin within two weeks after the postelection review official received notice from new text end 12.2 new text begin the secretary of state new text end . 12.3    Sec. 23. Minnesota Statutes 2006, section 211B.12, is amended to read: 12.4211B.12 LEGAL EXPENDITURES. 12.5    Use of money collected for political purposes is prohibited unless the use is 12.6reasonably related to the conduct of election campaigns, or is a noncampaign disbursement 12.7as defined in section 10A.01, subdivision 26. The following are permitted expenditures 12.8when made for political purposes: 12.9    (1) salaries, wages, and fees; 12.10    (2) communications, mailing, transportation, and travel; 12.11    (3) campaign advertising; 12.12    (4) printing; 12.13    (5) office and other space and necessary equipment, furnishings, and incidental 12.14supplies; 12.15    (6) charitable contributions of not more than $50 new text begin $100 new text end to any charity new text begin organized new text end 12.16 new text begin under section 501(c)(3) of the Internal Revenue Code new text end annually new text begin , except that the amount new text end 12.17 new text begin contributed by a principal campaign committee that dissolves within one year after the new text end 12.18 new text begin contribution is made is not limited by this clause new text end ; and 12.19    (7) other expenses, not included in clauses (1) to (6), that are reasonably related to 12.20the conduct of election campaigns. In addition, expenditures made for the purpose of 12.21providing information to constituents, whether or not related to the conduct of an election, 12.22are permitted expenses. Money collected for political purposes and assets of a political 12.23committee or political fund may not be converted to personal use. 12.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 12.25    Sec. 24. new text begin VOTER REGISTRATION APPLICATIONS ON HAND MAY BE USED. new text end 12.26     new text begin Voter registration applications in existence on July 31, 2007, may be distributed, new text end 12.27 new text begin completed, submitted, and processed until consumed, without alteration. new text end 12.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from August 1, 2007. new text end 12.29    Sec. 25. new text begin EFFECTIVE DATE. new text end 12.30     new text begin Except as otherwise provided, this act is effective June 1, 2008. new text end