HF 3699

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; authorizing use of certain ballots; providing for discretionary 1.3partial recounts; specifying certain procedures; changing certain voting system 1.4requirements; transferring certain funds;amending Minnesota Statutes 2006, 1.5sections 203B.227, as added; 204C.35, subdivisions 1, 2; 204C.36, subdivision 1.62; 206.57, by adding subdivisions; 206.89, subdivision 2; Minnesota Statutes 1.72007 Supplement, section 206.57, subdivision 5; Laws 2007, chapter 148, article 1.81, section 7. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2006, section 203B.227, as added by Laws 2008, chapter 1.11190, section 9, is amended to read: 1.12203B.227 WRITE-IN ABSENTEE BALLOT. 1.13    An eligible new text begin A new text end voter who will be outside the territorial limits of the United States 1.14during the 180 days prior to the state general election new text begin described in section 203B.16, new text end 1.15 new text begin subdivision 1, new text end may use a state write-in absentee ballot new text begin or the federal write-in absentee new text end 1.16 new text begin ballot new text end to vote in any federal, state, or local election. In a state or local election, a vote for a 1.17political party without specifying the name of a candidate must not be counted. 1.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for elections held after June 1, 2008. new text end 1.19    Sec. 2. Minnesota Statutes 2006, section 204C.35, subdivision 1, is amended to read: 1.20    Subdivision 1. Automatic recounts. (a) In a state primary when the difference 1.21between the votes cast for the candidates for nomination to a statewide federal office, 1.22state constitutional office, statewide judicial office, congressional office, state legislative 1.23office, or district judicial office: 2.1    (1) is less than one-half of one percent of the total number of votes counted for 2.2that nomination; or 2.3    (2) is ten votes or less and the total number of votes cast for the nomination is 400 2.4votes or less; 2.5and the difference determines the nomination, the canvassing board with responsibility for 2.6declaring the results for that office shall new text begin manually new text end recount the vote. 2.7    (b) In a state general election when the difference between the votes of a candidate 2.8who would otherwise be declared elected to a statewide federal office, state constitutional 2.9office, statewide judicial office, congressional office, state legislative office, or district 2.10judicial office and the votes of any other candidate for that office: 2.11    (1) is less than one-half of one percent of the total number of votes counted for 2.12that office; or 2.13    (2) is ten votes or less if the total number of votes cast for the office is 400 votes or 2.14less, 2.15the canvassing board shall new text begin manually new text end recount the votes. 2.16    (c) A recount must not delay any other part of the canvass. The results of the recount 2.17must be certified by the canvassing board as soon as possible. 2.18    (d) Time for notice of a contest for an office which is recounted pursuant to this 2.19section shall begin to run upon certification of the results of the recount by the canvassing 2.20board. 2.21    (e) A losing candidate may waive a recount required pursuant to this section by 2.22filing a written notice of waiver with the canvassing board. 2.23    Sec. 3. Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read: 2.24    Subd. 2. Optional new text begin Discretionary candidate new text end recount. (a) A losing candidate new text begin whose new text end 2.25 new text begin name was on the ballot new text end for nomination or election to a statewide federal office, state 2.26constitutional office, statewide judicial office, congressional office, state legislative office, 2.27or district judicial office may request a recount in a manner provided in this section at the 2.28candidate's own expense when the vote difference is greater than the difference required 2.29by this section. The votes shall be new text begin manually new text end recounted as provided in this section if the 2.30candidate files a request during the time for filing notice of contest of the primary or 2.31election for which a recount is sought. 2.32    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety 2.33in an amount set by the filing officer for the payment of the recount expenses. The 2.34requesting candidate is responsible for the following expenses: the compensation of the 2.35secretary of state, or designees, and any election judge, municipal clerk, county auditor, 3.1administrator, or other personnel who participate in the recount; the costs of computer 3.2operation, preparation of ballot counting equipment, necessary supplies and travel 3.3related to the recount; the compensation of the appropriate canvassing board and costs of 3.4preparing for the canvass of recount results; and any attorney fees incurred in connection 3.5with the recount by the governing body responsible for the recount. 3.6     new text begin (c) The requesting candidate may provide the filing officer with a list of up to three new text end 3.7 new text begin precincts that are to be recounted first and may waive the balance of the recount after these new text end 3.8 new text begin precincts have been counted. If the candidate provides a list, the recount official must new text end 3.9 new text begin determine the expenses for those precincts in the manner provided by paragraph (b). new text end 3.10     new text begin (d) If the winner of the race is changed by the optional recount, the cost of the new text end 3.11 new text begin recount must be paid by the jurisdiction conducting the recount. new text end 3.12     new text begin (e) If a result of the vote counting in the manual recount is different from the result new text end 3.13 new text begin of the vote counting reported on election day by a margin greater than the standard for new text end 3.14 new text begin acceptable performance of voting systems provided in section 206.89, subdivision 4, the new text end 3.15 new text begin cost of the recount must be paid by the jurisdiction conducting the recount. new text end 3.16    Sec. 4. Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read: 3.17    Subd. 2. Discretionary candidate recounts. new text begin (a) new text end A losing candidate for nomination 3.18or election to a county, municipal, or school district office may request a recount in the 3.19manner provided in this section at the candidate's own expense when the vote difference is 3.20greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall 3.21be new text begin manually new text end recounted as provided in this section if the requesting candidate files with 3.22the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an 3.23amount set by the governing body of the jurisdiction or the school board of the school 3.24district for the payment of the recount expenses. 3.25     new text begin (b) The requesting candidate may provide the filing officer with a list of up to three new text end 3.26 new text begin precincts that are to be recounted first and may waive the balance of the recount after these new text end 3.27 new text begin precincts have been counted. If the candidate provides a list the recount official must new text end 3.28 new text begin determine the expenses for those precincts in the manner provided by paragraph (b). new text end 3.29     new text begin (c) If the winner of the race is changed by the optional recount, the cost of the new text end 3.30 new text begin recount must be paid by the jurisdiction conducting the recount. new text end 3.31     new text begin (d) If a result of the vote counting in the manual recount is different from the result new text end 3.32 new text begin of the vote counting reported on election day by a margin greater than the standard for new text end 3.33 new text begin acceptable performance of voting systems provided in section 206.89, subdivision 4, the new text end 3.34 new text begin cost of the recount must be paid by the jurisdiction conducting the recount. new text end 4.1    Sec. 5. Minnesota Statutes 2007 Supplement, section 206.57, subdivision 5, is 4.2amended to read: 4.3    Subd. 5. Voting system for disabled voters. In federal and state elections held after 4.4December 31, 2005; in county, city, and school district elections held after December 4.531, 2007; and new text begin , except as provided in subdivision 5a, new text end in township elections held after 4.6December 31, 2009, the voting method used in each polling place must include a voting 4.7system that is accessible for individuals with disabilities, including nonvisual accessibility 4.8for the blind and visually impaired in a manner that provides the same opportunity for 4.9access and participation, including privacy and independence, as for other voters. 4.10    Sec. 6. Minnesota Statutes 2006, section 206.57, is amended by adding a subdivision 4.11to read: 4.12     new text begin Subd. 5a. new text end new text begin Limited town exemptions. new text end new text begin (a) A town conducting an election not held new text end 4.13 new text begin in conjunction with any federal, state, county, or school district election is exempt from new text end 4.14 new text begin the requirements of subdivision 5 if the town has fewer than 500 registered voters, as new text end 4.15 new text begin determined by the secretary of state by June 1 of each year. new text end 4.16     new text begin (b) A town that would otherwise satisfy the requirements of this subdivision is new text end 4.17 new text begin still required to comply with subdivision 5 at its next general town election if the voters new text end 4.18 new text begin at the preceding year's annual town meeting instruct the town to conduct elections in new text end 4.19 new text begin compliance with subdivision 5. new text end 4.20     new text begin (c) If the secretary of state, after consultation with the Minnesota Association of new text end 4.21 new text begin Townships, county auditors, or other interested parties, determines that a town's share new text end 4.22 new text begin of the cost of compliance with subdivision 5 will not exceed $150 for an election, the new text end 4.23 new text begin town may not use the exemption under paragraph (a) and shall conduct elections under new text end 4.24 new text begin subdivision 5. In determining the town's cost of compliance, the secretary shall include new text end 4.25 new text begin any expense associated with programming, ballot preparation and printing, and the new text end 4.26 new text begin equipment costs directly related to compliance with subdivision 5. new text end 4.27    Sec. 7. Minnesota Statutes 2006, section 206.57, is amended by adding a subdivision 4.28to read: 4.29     new text begin Subd. 5b. new text end new text begin Township voting equipment study. new text end new text begin (a) Beginning in 2009 and at least new text end 4.30 new text begin once every other year until 2016, the secretary of state shall consult with interested parties, new text end 4.31 new text begin including, but not limited to, members of the legislature, town officers, county election new text end 4.32 new text begin officials, the National Federation of the Blind, the Minnesota State Council on Disability, new text end 4.33 new text begin and the Disability Law Center regarding: new text end 5.1     new text begin (1) options for full compliance with Minnesota Statutes, section 206.57, subdivision new text end 5.2 new text begin 5; and new text end 5.3     new text begin (2) ongoing costs of compliance with Minnesota Statutes, section 206.57, new text end 5.4 new text begin subdivision 5, and methods of reducing those costs. new text end 5.5     new text begin (b) Beginning January 15, 2010, and until January 15, 2017, the secretary of state new text end 5.6 new text begin shall report to the chairs and ranking minority members of the legislative committees new text end 5.7 new text begin and divisions with jurisdiction over elections policy and finance regarding the findings, new text end 5.8 new text begin discussions, and developments under paragraph (a). new text end 5.9    Sec. 8. Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read: 5.10    Subd. 2. Selection for review; notice. At the canvass of the state primary, the 5.11county canvassing board in each county must set the date, time, and place for the 5.12postelection review of the state general election to be held under this section. 5.13    At the canvass of the state general election, the county canvassing boards must select 5.14the precincts to be reviewed new text begin by lot new text end . The county canvassing board of a county with fewer 5.15than 50,000 registered voters must new text begin conduct a postelection review of a total of new text end select at 5.16least two precincts for postelection review. The county canvassing board of a county with 5.17between 50,000 and 100,000 registered voters must new text begin conduct a review of a total of new text end select 5.18at least three precincts for review. The county canvassing board of a county with over 5.19100,000 registered voters must new text begin conduct a review of a total of new text end select at least four precincts new text begin , new text end 5.20 new text begin or three percent of the total number of precincts in the county, whichever is greater new text end . The 5.21precincts must be selected by lot at a public meeting. At least one precinct selected in each 5.22county must have had more than 150 votes cast at the general election. 5.23    The county auditor must notify the secretary of state of the precincts that have been 5.24chosen for review and the time and place the postelection review for that county will be 5.25conducted, as soon as the decisions are made. new text begin If the selection of precincts has not resulted new text end 5.26 new text begin in the selection of at least four precincts in each congressional district, the secretary of state new text end 5.27 new text begin may require counties to select by lot additional precincts to meet the congressional district new text end 5.28 new text begin requirement. new text end The secretary of state must post this information on the office Web site. 5.29    Sec. 9. Laws 2007, chapter 148, article 1, section 7, is amended to read: 5.30 Sec. 7. SECRETARY OF STATE$ 9,019,000 $ 6,497,000 5.31 Appropriations by Fund 5.32 2008 2009 5.33 General 6,175,000 6,497,000 5.34 Special Revenue 2,844,000 6.1(a) $310,000 of this appropriation must be 6.2transferred to the Help America Vote Act 6.3account and is designated as a portion of the 6.4match required by section 253(b)(5) of the 6.5Help America Vote Act. 6.6(b) $2,844,000 the first year is appropriated 6.7from the Help America Vote Act account for 6.8the purposes and uses authorized by federal 6.9law. This appropriation is available until 6.10June 30, 2009. 6.11(c) Notwithstanding Laws 2005, chapter 6.12162, section 34, subdivision 7, any balance 6.13remaining in the Help America Vote Act 6.14account after previous appropriations and the 6.15appropriations in this section is appropriated 6.16to the secretary of state for the purposes of 6.17the account. This appropriation is available 6.18until June 30, 2011. 6.19 new text begin (d) The amount necessary to meet federal new text end 6.20 new text begin requirements for interest payments and the new text end 6.21 new text begin additional match for the Help America Vote new text end 6.22 new text begin Act account is transferred from the general new text end 6.23 new text begin fund appropriation to the Help America Vote new text end 6.24 new text begin Act account. new text end 6.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end