1.1 	A bill for an act
1.2 	relating to elections; providing for discretionary partial recounts; specifying 
1.3 	certain recount and postelection review procedures; requiring captioning for deaf 
1.4 	and hard-of-hearing viewers on certain campaign materials; amending Minnesota 
1.5 	Statutes 2006, sections 204C.35, subdivisions 2, 3; 204C.36, subdivisions 2, 6; 
1.6 	206.89, subdivision 2; proposing coding for new law in Minnesota Statutes, 
1.7 	chapter 211B.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read:
1.10 		Subd. 2.Optional recount. (a) A losing candidate for nomination or election to a 
1.11 	statewide federal office, state constitutional office, statewide judicial office, congressional 
1.12 	office, state legislative office, or district judicial office may request a recount in a manner 
1.13 	provided in this section at the candidate's own expense when the vote difference is greater 
1.14 	than the difference required by this section. The votes shall be recounted as provided in 
1.15 	this section if the candidate files a request during the time for filing notice of contest of the 
1.16 	primary or election for which a recount is sought.
1.17 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety 
1.18 	in an amount set by the filing officer for the payment of the recount expenses. The 
1.19 	requesting candidate is responsible for the following expenses: the compensation of the 
1.20 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
1.21 	administrator, or other personnel who participate in the recount; the costs of computer 
1.22 	operation, preparation of ballot counting equipment, necessary supplies and travel 
1.23 	related to the recount; the compensation of the appropriate canvassing board and costs of 
1.24 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
1.25 	with the recount by the governing body responsible for the recount.
2.1 	(c) The requesting candidate may provide the filing officer with a list of up to three 
2.2 	precincts that are to be recounted first and may waive the balance of the recount after the 
2.3 	result in these precincts has been determined.
2.4 	(d) If the result of the race is changed by the optional recount, the cost of the recount 
2.5 	must be paid by the jurisdiction conducting the recount.

2.6 	Sec. 2. Minnesota Statutes 2006, section 204C.35, subdivision 3, is amended to read:
2.7 		Subd. 3.Scope of recount. A recount conducted as provided in this section is 
2.8 	limited in scope to the determination of the number of votes validly cast for the office to 
2.9 	be recounted. Only the ballots cast in the election and the summary statements certified 
2.10 	by the election judges may be considered in the recount process. The official conducting 
2.11 	the recount must visually inspect each ballot before counting to determine if any of the 
2.12 	marks made by the voter cannot be counted by the voting system. In every instance where 
2.13 	a vote cannot be counted by the voting system, the official must use the criteria in section 
2.14 	204B.22 to determine the voter's intent.

2.15 	Sec. 3. Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read:
2.16 		Subd. 2.Discretionary candidate recounts. (a) A losing candidate for nomination 
2.17 	or election to a county, municipal, or school district office may request a recount in the 
2.18 	manner provided in this section at the candidate's own expense when the vote difference is 
2.19 	greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall 
2.20 	be recounted as provided in this section if the requesting candidate files with the county 
2.21 	auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by 
2.22 	the governing body of the jurisdiction or the school board of the school district for the 
2.23 	payment of the recount expenses.
2.24 	(b) The requesting candidate may provide the filing officer with a list of up to three 
2.25 	precincts that are to be recounted first and may waive the balance of the recount after the 
2.26 	results in these precincts have been determined.
2.27 	(c) If the result of the race is changed by the optional recount, the cost of the recount 
2.28 	must be paid by the jurisdiction conducting the recount.

2.29 	Sec. 4. Minnesota Statutes 2006, section 204C.36, subdivision 6, is amended to read:
2.30 		Subd. 6.Scope of recount. A recount conducted as provided in this section is 
2.31 	limited in scope to the determination of the number of votes validly cast for the office or 
2.32 	question to be recounted. Only the ballots cast in the election and the summary statements 
2.33 	certified by the election judges may be considered in the recount process. The official 
3.1 	conducting the recount must visually inspect each ballot before counting to determine if 
3.2 	any of the marks made by the voter cannot be counted by the voting system. In every 
3.3 	instance where a vote cannot be counted by the voting system, the official must use the 
3.4 	criteria in section 204B.22 to determine the voter's intent.

3.5 	Sec. 5. Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read:
3.6 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
3.7 	county canvassing board in each county must set the date, time, and place for the 
3.8 	postelection review of the state general election to be held under this section.  
3.9 	At the canvass of the state general election, the county canvassing boards must select 
3.10 	the precincts to be reviewed. The county canvassing board of a county with fewer than 
3.11 	50,000 registered voters must select at least two precincts for postelection review.  The 
3.12 	county canvassing board of a county with between 50,000 and 100,000 registered voters 
3.13 	must select at least three precincts for review.  The county canvassing board of a county 
3.14 	with over 100,000 registered voters must select at least four precincts.  The precincts must 
3.15 	be selected by lot at a public meeting.  At least one precinct selected in each county must 
3.16 	have had more than 150 votes cast at the general election.
3.17 	The county auditor must notify the secretary of state of the precincts that have been 
3.18 	chosen for review and the time and place the postelection review for that county will be 
3.19 	conducted, as soon as the decisions are made.  If the selection of precincts by lot has 
3.20 	not resulted in the selection of at least four precincts in each congressional district, the 
3.21 	secretary of state may require counties to select by lot additional precincts to meet the 
3.22 	congressional district requirement. The secretary of state must post this information on 
3.23 	the office Web site.

3.24 	Sec. 6. [211B.22] CAMPAIGN MATERIAL THAT MUST INCLUDE 
3.25 	CAPTIONING.
3.26 	Campaign material that is disseminated electronically by a candidate or committee 
3.27 	using any of the following methods must include captioning for deaf and hard-of-hearing 
3.28 	viewers:
3.29 	(1) television time or online video time purchased by a candidate or committee;
3.30 	(2) free time on a public access cable television channel; and
3.31 	(3) free time on a television broadcast or Web site.