1.1 	A bill for an act
1.2 	relating to elections; changing certain election administration provisions; 
1.3 	changing and clarifying certain election procedures, deadlines, and requirements;
1.4 	amending Minnesota Statutes 2008, sections 201.016, subdivisions 1a, 2; 
1.5 	201.056; 201.061, subdivision 1; 201.11; 201.12; 201.13; 202A.14, subdivision 
1.6 	3; 203B.02, by adding a subdivision; 204B.09, subdivision 3; 204B.14, 
1.7 	subdivision 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18, 
1.8 	subdivision 1; 204B.27, subdivision 2; 204B.33; 204B.38; 204C.02; 204C.04, 
1.9 	subdivision 1; 204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 204C.13, 
1.10 	subdivision 2; 204C.15, subdivision 3; 204C.17; 204C.30, by adding a 
1.11 	subdivision; 204C.33, subdivision 1; 204C.37; 204D.04, subdivision 2; 204D.09, 
1.12 	subdivision 2; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivision 2; 205.13, 
1.13 	subdivisions 1, 2; 205.16, subdivisions 2, 3; 205A.03, subdivision 1; 205A.05, 
1.14 	subdivisions 1, 2; 205A.07, subdivision 2; 206.57, subdivision 6; 206.61, 
1.15 	subdivision 5; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.11, by 
1.16 	adding a subdivision; 211B.12; 412.02, subdivision 2a; 414.02, subdivision 4; 
1.17 	414.031, subdivision 6; 414.0325, subdivisions 1, 4; 414.033, subdivision 7; 
1.18 	proposing coding for new law in Minnesota Statutes, chapters 204B; 204D; 
1.19 	205; 205A; repealing Minnesota Statutes 2008, sections 201.096; 206.805, 
1.20 	subdivision 2.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to 
1.23 	read:
1.24 		Subd. 1a.Violations; penalty. (a) The county auditor shall mail a violation notice 
1.25 	to any voter who the county auditor can determine has voted: (1) provided the address at 
1.26 	which the voter maintains residence, but was allowed to vote  in a precinct other than the 
1.27 	precinct in which the voter maintains residence; and (2) not voted in the wrong precinct 
1.28 	previously. The notice must be in the form provided by the secretary of state. 
1.29 	(b) The county auditor shall mail a violation notice to any voter who otherwise voted 
1.30 	in a precinct in which the voter did not maintain residence on election day. The county 
2.1 	auditor shall also change the status of the voter in the statewide registration system to 
2.2 	"challenged" and the voter shall be required to provide proof of residence to either the 
2.3 	county auditor or to the election judges in the voter's precinct before voting in the next 
2.4 	election. Any of the forms authorized by section 201.061 for registration at the polling 
2.5 	place may be used for this purpose.  
2.6 	(b) (c) A voter who votes in a precinct other than the precinct in which the 
2.7 	voter maintains residence after receiving an initial violation notice as provided in this 
2.8 	subdivision is guilty of a petty misdemeanor.
2.9 	(c) (d) A voter who votes in a precinct other than the precinct in which the voter 
2.10 	maintains residence after having been found to have committed a petty misdemeanor 
2.11 	under paragraph (b) is guilty of a misdemeanor.
2.12 	(d) (e) Reliance by the voter on inaccurate information regarding the location of 
2.13 	the voter's polling place provided by the state, county, or municipality is an affirmative 
2.14 	defense to a prosecution under this subdivision.

2.15 	Sec. 2. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
2.16 		Subd. 2.Duration of residence. The governing body of any city by resolution may 
2.17 	require an eligible voter to maintain residence in a precinct for a period of 30 days prior 
2.18 	to voting on any question affecting only that precinct or voting to elect public officials 
2.19 	representing only that precinct. The governing body of any town by resolution may 
2.20 	require an eligible voter to maintain residence in that town for a period of 30 days prior 
2.21 	to voting in a town election. The school board of any school district by resolution may 
2.22 	require an eligible voter to maintain residence in that school district for a period of 30 days 
2.23 	prior to voting in a school district election. If a political boundary, including a precinct, 
2.24 	municipal, or school district boundary, is redrawn within the 30 days prior to an election 
2.25 	in a manner that places an eligible voter in a new jurisdiction and the eligible voter has 
2.26 	not changed residence during the 30 days prior to the election, the eligible voter meets 
2.27 	any residency requirement imposed under this subdivision.

2.28 	Sec. 3. Minnesota Statutes 2008, section 201.056, is amended to read:
2.29 	201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 
2.30 	An individual who is unable to write the individual's name shall be required to sign 
2.31 	a registration application in the manner provided by section 645.44, subdivision 14. If 
2.32 	the individual registers in person and signs by making a mark, the clerk or election judge 
2.33 	accepting the registration shall certify the mark by signing the individual's name. If the 
2.34 	individual registers by mail and signs by making a mark, the mark shall be certified by 
3.1 	having a voter registered in the individual's precinct sign the individual's name and the 
3.2 	voter's own name and give the voter's own address. An individual who has power of 
3.3 	attorney for another person may not sign election-related documents for that person, 
3.4 	except as provided by this section.

3.5 	Sec. 4. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
3.6 		Subdivision 1.Prior to election day. At any time except during the 20 days 
3.7 	immediately preceding any regularly scheduled election, an eligible voter or any 
3.8 	individual who will be an eligible voter at the time of the next election may register to vote 
3.9 	in the precinct in which the voter maintains residence by completing a voter registration 
3.10 	application as described in section 201.071, subdivision 1, and submitting it in person 
3.11 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
3.12 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
3.13 	election shall be accepted. An improperly addressed or delivered registration application 
3.14 	shall be forwarded within two working days after receipt to the county auditor of the 
3.15 	county where the voter maintains residence. A state or local agency or an individual that 
3.16 	accepts completed voter registration applications from a voter must submit the completed 
3.17 	applications to the secretary of state or the appropriate county auditor within ten business 
3.18 	days after the applications are dated by the voter. 
3.19 	For purposes of this section, mail registration is defined as a voter registration 
3.20 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
3.21 	United States Postal Service or a commercial carrier.

3.22 	Sec. 5. Minnesota Statutes 2008, section 201.11, is amended to read:
3.23 	201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET 
3.24 	ADDRESSES CHANGED, CHANGE OF FILES.
3.25 		Subdivision 1.Precinct boundaries changed. When the boundaries of a precinct 
3.26 	are changed, the county auditor shall immediately update the voter records for that 
3.27 	precinct in the statewide voter registration system to accurately reflect those changes.
3.28 		Subd. 2.House number or street address changed. If a municipality 
3.29 	administratively changes the number or name of a street address of an existing residence, 
3.30 	the municipal clerk shall promptly notify the county auditor and the county auditor 
3.31 	shall immediately update the voter records of registered voters in the statewide voter 
3.32 	registration system to accurately reflect that change. A municipality must not make a 
3.33 	change to the number or name of a street address of an existing residence effective during 
3.34 	the 45 days prior to any election in a jurisdiction which includes the affected residence.

4.1 	Sec. 6. Minnesota Statutes 2008, section 201.12, is amended to read:
4.2 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
4.3 	CHALLENGES. 
4.4 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
4.5 	excess names, the county auditor may mail to any registered voter a notice stating the 
4.6 	voter's name and address as they appear in the registration files. The notice shall request 
4.7 	the voter to notify the county auditor if there is any mistake in the information. 
4.8 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
4.9 	official is returned as undeliverable but with a permanent forwarding address in this state, 
4.10 	the county auditor may change the voter's status to "inactive" in the statewide registration 
4.11 	system and shall notify transmit a copy of the mailing to the auditor of the county in which 
4.12 	the new address is located. Upon receipt of the notice, If an election is scheduled to occur 
4.13 	in the precinct in which the voter resides in the next 47 days, the county auditor shall 
4.14 	promptly update the voter's address in the statewide voter registration system and. If there 
4.15 	is not an election scheduled, the auditor may wait to update the voter's address until after 
4.16 	the next list of address changes is received from the secretary of state. Once updated, the 
4.17 	county auditor shall mail to the voter a notice stating the voter's name, address, precinct, 
4.18 	and polling place. The notice must advise the voter that the voter's voting address has 
4.19 	been changed and that the voter must notify the county auditor within 21 days if the 
4.20 	new address is not the voter's address of residence. The notice must state that it must be 
4.21 	returned if it is not deliverable to the voter at the named address. 
4.22 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
4.23 	official is returned as undeliverable but with a permanent forwarding address outside this 
4.24 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
4.25 	advising the voter that the voter's status in the statewide voter registration system will be 
4.26 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
4.27 	voter is retaining the former address as the voter's address of residence. If the notice is 
4.28 	not received by the deadline, the county auditor shall change the voter's status shall be 
4.29 	changed to "inactive" in the statewide voter registration system. 
4.30 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
4.31 	is returned as undeliverable but with no forwarding address, the county auditor shall 
4.32 	change the registrant's status to "challenged" in the statewide voter registration system. 
4.33 	An individual challenged in accordance with this subdivision shall comply with the 
4.34 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
4.35 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
5.1 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
5.2 	voter registration system. 

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

5.4 	Sec. 7. Minnesota Statutes 2008, section 201.13, is amended to read:
5.5 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
5.6 	RECORDS.
5.7 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
5.8 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
5.9 	shall report monthly by electronic means to the secretary of state the name, address, date 
5.10 	of birth, and county of residence of each individual 18 years of age or older who has died 
5.11 	while maintaining residence in Minnesota since the last previous report. The secretary of 
5.12 	state shall determine if any of the persons listed in the report are registered to vote and 
5.13 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
5.14 	receiving the list from the secretary of state, the county auditor shall change the status of 
5.15 	those registrants to "deceased" in the statewide voter registration system.
5.16 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
5.17 	died outside the county, the county auditor shall change the voter's status to "deceased." 
5.18 	Notice must be in the form of a printed obituary or a written statement signed by a 
5.19 	registered voter of the county.
5.20 		Subd. 3. Use of change of address system. (a) At least once each month the 
5.21 	secretary of state shall obtain a list of individuals registered to vote in this state who have 
5.22 	filed with the United States Postal Service a change of their permanent address. However, 
5.23 	the secretary of state shall not obtain this list within the 47 days before the state primary or 
5.24 	47 days before a November general election.
5.25 	(b) If the address is changed to another address in this state, the secretary of state 
5.26 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
5.27 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
5.28 	information about the changed address by electronic means to the county auditor of the 
5.29 	county in which the new address is located. As long as the voter has not voted or submitted 
5.30 	a voter registration application since the address change, upon receipt of the information, 
5.31 	the county auditor shall update the voter's address in the statewide voter registration 
5.32 	system and. The county auditor shall mail to the voter a notice stating the voter's name, 
5.33 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
5.34 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
6.1 	rights of individuals under guardianship, in which case a notice shall not be mailed. The 
6.2 	notice must advise the voter that the voter's voting address has been changed and that the 
6.3 	voter must notify the county auditor within 21 days if the new address is not the voter's 
6.4 	address of residence. The notice must state that it must be returned if it is not deliverable 
6.5 	to the voter at the named address. 
6.6 	(b) (c) If the change of permanent address is to an address outside this state, the 
6.7 	secretary of state shall notify by electronic means the auditor of the county where the voter 
6.8 	formerly resided that the voter has moved to another state. As long as the voter has not 
6.9 	voted or submitted a voter registration application since the address change, the county 
6.10 	auditor shall promptly mail to the voter at the voter's new address a notice advising the 
6.11 	voter that the voter's status in the statewide voter registration system will be changed 
6.12 	to "inactive" unless the voter notifies the county auditor within 21 days that the voter 
6.13 	is retaining the former address as the voter's address of residence, except that if the 
6.14 	voter's record is challenged due to a felony conviction, noncitizenship, name change, 
6.15 	incompetence, or a court's revocation of voting rights of individuals under guardianship, a 
6.16 	notice must not be mailed. If the notice is not received by the deadline, the county auditor 
6.17 	shall change the voter's status to "inactive" in the statewide voter registration system. 
6.18 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
6.19 	for removal of the voter's record, the county auditor shall remove the record of the voter 
6.20 	from the statewide voter registration system.

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

6.22 	Sec. 8. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
6.23 		Subd. 3.Notice. The county or legislative district chair shall give at least six days' 
6.24 	published notice of the holding of the precinct caucus, stating the place, date, and time for 
6.25 	holding the caucus, and. The state party chair shall deliver the same information to the 
6.26 	municipal clerk and county auditor secretary of state in an electronic format designated 
6.27 	by the secretary of state at least 20 30 days before the precinct caucus. The county 
6.28 	auditor secretary of state shall make this information available in electronic format via 
6.29 	the secretary of state Web site at least ten days before the date of the caucuses to persons 
6.30 	who request it.

6.31 	Sec. 9. Minnesota Statutes 2008, section 203B.02, is amended by adding a subdivision 
6.32 	to read:
6.33 		Subd. 4.Persons who cannot write; power of attorney. An individual who is 
6.34 	unable to write the individual's name is required to sign election-related documents in 
7.1 	the manner provided by section 645.44, subdivision 14. An individual who has power 
7.2 	of attorney for another person may not sign election-related documents for that person, 
7.3 	except as provided by this section.

7.4 	Sec. 10. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
7.5 		Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 
7.6 	who wants write-in votes for the candidate to be counted must file a written request with 
7.7 	the filing office for the office sought no later than the seventh day before the general 
7.8 	election. The filing officer shall provide copies of the form to make the request. 
7.9 	(b) A candidate for president of the United States who files a request under this 
7.10 	subdivision must include the name of a candidate for vice-president of the United States. 
7.11 	The request must also include the name of at least one candidate for presidential elector. 
7.12 	The total number of names of candidates for presidential elector on the request may not 
7.13 	exceed the total number of electoral votes to be cast by Minnesota in the presidential 
7.14 	election. 
7.15 	(c) A candidate for governor who files a request under this subdivision must include 
7.16 	the name of a candidate for lieutenant governor. 
7.17 	(d) A candidate who files a request under this subdivision must also pay the filing 
7.18 	fee for that office or submit a petition in place of a filing fee, as provided in section 
7.19 	204B.11. The fee for a candidate for president of the United States is equal to that of 
7.20 	the office of senator in Congress.

7.21 	Sec. 11. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
7.22 		Subd. 4.Administrative boundary change procedure. Any change in the 
7.23 	boundary of an election precinct shall must be adopted at least 90 days before the date 
7.24 	of the next election and, for the state primary and general election, no later than June 1 
7.25 	in the year of the state general election. The precinct boundary change shall not take 
7.26 	effect until notice of the change has been posted in the office of the municipal clerk or 
7.27 	county auditor for at least 60 days.
7.28 	The county auditor must publish a notice illustrating or describing the congressional, 
7.29 	legislative, and county commissioner district boundaries in the county in one or more 
7.30 	qualified newspapers in the county at least 14 days prior to the first day to file affidavits of 
7.31 	candidacy for the state general election in the year ending in two.
7.32 	Alternate dates for adopting changes in precinct boundaries, posting notices 
7.33 	of boundary changes, and notifying voters affected by boundary changes pursuant 
7.34 	to this subdivision, and procedures for coordinating precinct boundary changes with 
8.1 	reestablishing local government election district boundaries may be established in the 
8.2 	manner provided in the rules of the secretary of state.

8.3 	Sec. 12. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
8.4 	subdivision to read:
8.5 		Subd. 4a.Municipal boundary adjustment procedure. Any change in the 
8.6 	boundary of an election precinct that has occurred as a result of a municipal boundary 
8.7 	adjustment made pursuant to chapter 414 which is effective more than 21 days preceding 
8.8 	any regularly scheduled election shall take effect at the scheduled election.
8.9 	Any change in the boundary of an election precinct that has occurred as a result of 
8.10 	a municipal boundary adjustment made pursuant to chapter 414 which is effective less 
8.11 	than 21 days preceding any regularly scheduled election shall not take effect until the 
8.12 	day after the scheduled election.

8.13 	Sec. 13. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
8.14 		Subdivision 1. Authority; location. The governing body of each municipality and 
8.15 	of each county with precincts in unorganized territory shall designate by ordinance or 
8.16 	resolution a polling place for each election precinct. Polling places must be designated and 
8.17 	ballots must be distributed so that no one is required to go to more than one polling place 
8.18 	to vote in a school district and municipal election held on the same day. The polling place 
8.19 	for a precinct in a city or in a school district located in whole or in part in the metropolitan 
8.20 	area defined by section 200.02, subdivision 24, shall be located within the boundaries of 
8.21 	the precinct or within one mile of one of those boundaries unless a single polling place 
8.22 	is designated for a city pursuant to section 204B.14, subdivision 2, or a school district 
8.23 	pursuant to section 205A.11. The polling place for a precinct in unorganized territory may 
8.24 	be located outside the precinct at a place which is convenient to the voters of the precinct. 
8.25 	If no suitable place is available within a town or within a school district located outside 
8.26 	the metropolitan area defined by section 200.02, subdivision 24, then the polling place for 
8.27 	a town or school district may be located outside the town or school district within five 
8.28 	miles of one of the boundaries of the town or school district. 

8.29 	EFFECTIVE DATE. This section is effective June 1, 2010.

8.30 	Sec. 14. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
8.31 		Subdivision 1.Booths; voting stations. Each polling place must contain a number 
8.32 	of voting booths or voting stations in proportion to the number of individuals eligible 
8.33 	to vote in the precinct. Each booth or station must be at least six feet high, three feet 
9.1 	deep and two feet wide with a shelf at least two feet long and one foot wide placed at a 
9.2 	convenient height for writing. The booth or station shall permit the voter to vote privately 
9.3 	and independently. Each polling place must have at least one accessible voting booth 
9.4 	or other accessible voting station and beginning with federal and state elections held 
9.5 	after December 31, 2005, and county, municipal, and school district elections held after 
9.6 	December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 
9.7 	America Vote Act, Public Law 107-252. Local officials must make accessible voting 
9.8 	stations purchased with funds provided from the Help America Vote Act account available 
9.9 	to other local jurisdictions holding stand-alone elections. Local officials who purchased 
9.10 	the equipment may charge the other local jurisdictions for the costs of programming 
9.11 	the equipment, as well as a prorated cost of maintenance on the equipment. Any funds 
9.12 	received for use of the accessible voting equipment must be treated as program income 
9.13 	and deposited into the jurisdiction's Help America Vote Act account. All booths or 
9.14 	stations must be constructed so that a voter is free from observation while marking ballots. 
9.15 	During the hours of voting, the booths or stations must have instructions, a pencil, and 
9.16 	other supplies needed to mark the ballots. A chair must be provided for elderly voters 
9.17 	and voters with disabilities to use while voting or waiting to vote. Stable flat writing 
9.18 	surfaces must also be made available to voters who are completing election-related forms. 
9.19 	All ballot boxes, voting booths, voting stations, and election judges must be in open 
9.20 	public view in the polling place.

9.21 	Sec. 15. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
9.22 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
9.23 	publish a volume containing all state general laws relating to elections. The attorney 
9.24 	general shall provide annotations to the secretary of state for this volume. On or before 
9.25 	July August 1 of every even-numbered odd-numbered year the secretary of state shall 
9.26 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
9.27 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
9.28 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
9.29 	copy available on the office's Web site. The secretary of state may prepare and transmit 
9.30 	to the county auditors and municipal clerks detailed written instructions for complying 
9.31 	with election laws relating to the conduct of elections, conduct of voter registration and 
9.32 	voting procedures.

9.33 	Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read:
9.34 	204B.33 NOTICE OF FILING.
10.1 	(a) Between June 1 and July 1 in each even-numbered year, the secretary of state 
10.2 	shall notify each county auditor of the offices to be voted for in that county at the next 
10.3 	state general election for which candidates file with the secretary of state. The notice shall 
10.4 	include the time and place of filing for those offices. Within ten days after notification by 
10.5 	the secretary of state, each county auditor shall notify each municipal clerk in the county 
10.6 	of all the offices to be voted for in the county at that election and the time and place for 
10.7 	filing for those offices. The county auditors and municipal clerks shall promptly post a 
10.8 	copy of that notice in their offices and post a notice of the offices that will be on the 
10.9 	ballot on their Web site, if one is available.
10.10 	(b) At least two weeks before the first day to file an affidavit of candidacy, the 
10.11 	county auditor shall publish a notice stating the first and last dates on which affidavits of 
10.12 	candidacy may be filed in the county auditor's office and the closing time for filing on the 
10.13 	last day for filing. The county auditor shall post a similar notice at least ten days before 
10.14 	the first day to file affidavits of candidacy.

10.15 	Sec. 17. [204B.335] ELECTION RESULTS REPORTING SYSTEM; 
10.16 	CANDIDATE FILING.
10.17 	For state primary and general elections, the county auditor must enter the offices 
10.18 	and questions to be voted on in the county and the list of candidates for each office into 
10.19 	the election results reporting system provided by the secretary of state no later than 46 
10.20 	days prior to the election.

10.21 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
10.22 	certified that the election reporting system has been tested and shown to properly allow 
10.23 	for the entry of candidate names and for election results to be uploaded, and to be able to 
10.24 	handle the expected volume of use.

10.25 	Sec. 18. Minnesota Statutes 2008, section 204B.38, is amended to read:
10.26 	204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
10.27 	When the similarity of surnames of two or more candidates for the same office 
10.28 	at the same election may cause confusion to voters because the candidates also have 
10.29 	similar first names, up to three additional words may be printed on the ballot after each 
10.30 	surname to indicate the candidate's occupation, office, residence or any combination 
10.31 	of them if the candidate furnishes the identifying words to the filing officer by the last 
10.32 	day for withdrawal of candidacy.

11.1 	Sec. 19. Minnesota Statutes 2008, section 204C.02, is amended to read:
11.2 	204C.02 APPLICATION.
11.3 	This chapter applies to all elections held in this state except as otherwise provided 
11.4 	by law.
11.5 	An individual who is unable to write the individual's name shall be required to sign 
11.6 	election-related documents in the manner provided by section 645.44, subdivision 14. An 
11.7 	individual who has power of attorney for another person may not sign election-related 
11.8 	documents for that person, except as provided by this section.

11.9 	Sec. 20. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
11.10 		Subdivision 1.Right to be absent. Every employee who is eligible to vote in an 
11.11 	election has the right to be absent from work for the purpose of voting during the morning 
11.12 	of for the time necessary to appear at the employee's polling place, cast a ballot, and return 
11.13 	to work on the day of that election, without penalty or deduction from salary or wages 
11.14 	because of the absence. An employer or other person may not directly or indirectly refuse, 
11.15 	abridge, or interfere with this right or any other election right of an employee.

11.16 	Sec. 21. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
11.17 		Subdivision 1. Lingering near polling place. An individual shall be allowed to go 
11.18 	to and from the polling place for the purpose of voting without unlawful interference. No 
11.19 	one except an election official or an individual who is waiting to register or to vote or a 
11.20 	representative of the press or an academic institution who is conducting exit polling shall 
11.21 	stand within 100 feet of the building in which a polling place is located. "Exit polling" is 
11.22 	defined as approaching voters in a predetermined pattern as they leave the polling place 
11.23 	after they have voted and asking voters to fill out an anonymous questionnaire.

11.24 	Sec. 22. Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:
11.25 		Subd. 1a.Voter's Bill of Rights. The county auditor shall prepare and provide to 
11.26 	each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 
11.27 	forth in this section. Before the hours of voting are scheduled to begin, the election judges 
11.28 	shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 
11.29 	of Rights is as follows:
11.30 	"VOTER'S BILL OF RIGHTS
11.31 	For all persons residing in this state who meet federal voting eligibility requirements:
11.32 	(1) You have the right to be absent from work for the purpose of voting during the 
11.33 	morning ofwithout reduction to your pay, personal leave, or vacation time on  election day.
12.1 	(2) If you are in line at your polling place any time between 7:00 a.m. and before
12.2 	8:00 p.m., you have the right to vote.
12.3 	(3) If you can provide the required proof of residence, you have the right to register 
12.4 	to vote and to vote on election day.
12.5 	(4) If you are unable to sign your name, you have the right to orally confirm your 
12.6 	identity with an election judge and to direct another person to sign your name for you.
12.7 	(5) You have the right to request special assistance when voting.
12.8 	(6) If you need assistance, you may be accompanied into the voting booth by a 
12.9 	person of your choice, except by an agent of your employer or union or a candidate.
12.10 	(7) You have the right to bring your minor children into the polling place and into 
12.11 	the voting booth with you.
12.12 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
12.13 	completed) or you have been discharged from your sentence, you have the right to vote.
12.14 	(9) If you are under a guardianship, you have the right to vote, unless the court 
12.15 	order revokes your right to vote.
12.16 	(10) You have the right to vote without anyone in the polling place trying to 
12.17 	influence your vote.
12.18 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
12.19 	right to receive a replacement ballot and vote.
12.20 	(12) You have the right to file a written complaint at your polling place if you are 
12.21 	dissatisfied with the way an election is being run.
12.22 	(13) You have the right to take a sample ballot into the voting booth with you.
12.23 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
12.24 	booth with you."

12.25 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
12.26 	thereafter.

12.27 	Sec. 23. Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read:
12.28 		Subd. 3.Locking of ballot boxes. Immediately before the time when voting is 
12.29 	scheduled to begin, one of the election judges shall open the ballot boxes in the presence 
12.30 	of the individuals assembled at the polling place, turn the boxes upside down to empty 
12.31 	them, lock them, and deliver the key to another election judge. Except as provided by 
12.32 	this subdivision, the boxes shall not be reopened except to count the ballots until after 
12.33 	the hours for voting have ended and all voting has been concluded. The boxes shall be 
12.34 	kept in public view at all times during voting hours. After locking the ballot boxes, the 
13.1 	election judges shall proclaim that voting may begin, and shall post outside the polling 
13.2 	place conspicuous written or printed notices of the time when voting is scheduled to end.
13.3 	Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges 
13.4 	of different major political parties may open the ballot boxes as needed to straighten the 
13.5 	ballots or remove voted ballots to prevent the boxes from becoming overfull. The election 
13.6 	judges shall not count or inspect the ballots.
13.7 	If removing the ballots from the box, the election judges shall put the ballots into 
13.8 	containers and seal them. The judges shall put any ballots taken from the ballot box's 
13.9 	write-in compartment into containers separate from the other ballots and seal them. The 
13.10 	judges shall label the ballot containers and secure them.
13.11 	The judges shall note on the incident report that the ballot box was opened, the 
13.12 	time the box was opened, and, if ballots were removed, the number of any seals used to 
13.13 	seal the ballot containers.

13.14 	Sec. 24. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
13.15 		Subd. 2.Voting booths. One of the election judges shall explain to the voter the 
13.16 	proper method of marking and folding the ballots and, during a primary election, the effect 
13.17 	of attempting to vote in more than one party's primary. Except as otherwise provided in 
13.18 	section 204C.15, the voter shall retire alone to an unoccupied voting booth andor, at the 
13.19 	voter's discretion, the voter may choose to use another writing surface. The voter shall 
13.20 	mark the ballots without undue delay. The voter may take sample ballots into the booth to 
13.21 	assist in voting. The election judges may adopt and enforce reasonable rules governing the 
13.22 	amount of time a voter may spend in the voting booth marking ballots. 

13.23 	Sec. 25. Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to read:
13.24 		Subd. 3.Voting lines. In all polling places two election judges shall assist a 
13.25 	disabled voter to enter the polling place and go through the registration and voting lines. 
13.26 	The election judges must inform voters that a chair is available for use by an elderly or 
13.27 	disabled voter while voting or waiting in a voting line, and that an elderly or disabled 
13.28 	voter may request to be moved to the front of the line, or be provided other assistance as 
13.29 	appropriate, in the event waiting in the voting line would cause unreasonable physical 
13.30 	strain on the voter. The voter may also request the assistance of election judges or any 
13.31 	other individual in marking ballots, as provided in subdivision 1.

13.32 	Sec. 26. Minnesota Statutes 2008, section 204C.17, is amended to read:
13.33 	204C.17 VOTING; SECRECY.
14.1 	Except as authorized by section 204C.15, a voter shall not reveal to anyone in the 
14.2 	polling place the name of any candidate for whom the voter intends to vote or has voted. A 
14.3 	voter shall not ask for or receive assistance in the marking of a ballot from anyone within 
14.4 	the polling place except as authorized by section 204C.15. If a voter, after marking a ballot, 
14.5 	shows it to anyone except as authorized by law or takes a picture of the voter's ballot, the 
14.6 	election judges shall refuse to deposit the ballot in any ballot box and shall place it among 
14.7 	the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall 
14.8 	receive another ballot as provided in section 204C.13, subdivision 3, clause paragraph (d).

14.9 	Sec. 27. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
14.10 	subdivision to read:
14.11 		Subd. 3.Election results reporting; state primary and general elections. For 
14.12 	state primary and general elections, the county auditor shall enter the votes in each 
14.13 	precinct for the questions and offices voted on into the election results reporting system 
14.14 	provided by the secretary of state.

14.15 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
14.16 	certified that the election reporting system has been tested and shown to properly allow 
14.17 	for the entry of candidate names and for election results to be uploaded, and to be able to 
14.18 	handle the expected volume of use.

14.19 	Sec. 28. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
14.20 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
14.21 	county auditor's office on or before the seventh day following the state general election. 
14.22 	After taking the oath of office, the board shall promptly and publicly canvass the general 
14.23 	election returns delivered to the county auditor. Upon completion of the canvass, the board 
14.24 	shall promptly prepare and file with the county auditor a report which states:
14.25 	(a) the number of individuals voting at the election in the county and in each precinct;
14.26 	(b) the number of individuals registering to vote on election day and the number of 
14.27 	individuals registered before election day in each precinct;
14.28 	(c) the names of the candidates for each office and the number of votes received 
14.29 	by each candidate in the county and in each precinct, including write-in candidates for 
14.30 	state and federal office who have requested under section 204B.09 that votes for those 
14.31 	candidates be tallied; 
14.32 	(d) the number of votes counted for and against a proposed change of county lines 
14.33 	or county seat; and
15.1 	(e) the number of votes counted for and against a constitutional amendment or other 
15.2 	question in the county and in each precinct.
15.3 	The result of write-in votes cast on the general election ballots must be compiled by 
15.4 	the county auditor before the county canvass, except that write-in votes for a candidate for 
15.5 	federal, state, or federal county office must not be counted unless the candidate has timely 
15.6 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
15.7 	for each municipality to provide an adequate number of election judges to perform this 
15.8 	duty or the county auditor may appoint additional election judges for this purpose. The 
15.9 	county auditor may open the envelopes or containers in which the voted ballots have been 
15.10 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
15.11 	the conclusion of this process. The county auditor must prepare a separate report of votes 
15.12 	received by precinct for write-in candidates for federal, state, and county offices who have 
15.13 	requested under section 204B.09 that votes for those candidates be tallied.
15.14 	Upon completion of the canvass, the county canvassing board shall declare the 
15.15 	candidate duly elected who received the highest number of votes for each county and state 
15.16 	office voted for only within the county. The county auditor shall transmit one of the a
15.17 	certified copies copy of the county canvassing board report for state and federal offices to 
15.18 	the secretary of state by messenger, express mail, or similar service immediately upon 
15.19 	conclusion of the county canvass.

15.20 	Sec. 29. Minnesota Statutes 2008, section 204C.37, is amended to read:
15.21 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
15.22 	STATE.
15.23 	Two copies A copy of the reports report required by sections 204C.32, subdivision 
15.24 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
15.25 	auditor. Each The copy shall be enclosed in an envelope addressed to the secretary 
15.26 	of state, with the county auditor's name and official address and the words "Election 
15.27 	Returns" endorsed on the envelope. The copy of the canvassing board report not sent by 
15.28 	express mail and the precinct summary statements must be mailed sent by express mail
15.29 	or delivered to the secretary of state. If neither the copy is not received by the secretary 
15.30 	of state within ten days following the applicable election, the secretary of state shall 
15.31 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
15.32 	state by special messenger. 

15.33 	Sec. 30. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
16.1 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
16.2 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
16.3 	rotation of the names of candidates and for layout of the ballot.
16.4 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
16.5 	legal advisor of the official before delivery to the printer.
16.6 	(c) The legal advisor of a town official is not required to approve instructions 
16.7 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
16.8 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
16.9 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
16.10 	check, acceptable to the official responsible for printing the ballots, conditioned on 
16.11 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
16.12 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
16.13 	letter of credit, or certified check in an amount equal to the value of the purchase.

16.14 	Sec. 31. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
16.15 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
16.16 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
16.17 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
16.18 	be voted for in the county shall be placed on the sample ballots, with the names of the 
16.19 	candidates for each office arranged alphabetically according to the surname in the base 
16.20 	rotation as determined by section 206.61, subdivision 5. Only one sample state partisan 
16.21 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
16.22 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
16.23 	auditor's office and shall cause them to be published at least one week before the state 
16.24 	primary in at least one newspaper of general circulation in the county.

16.25 	Sec. 32. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
16.26 		Subd. 5.Regular state primary. "Regular state primary" means:
16.27 	(a) the state primary at which candidates are nominated for offices elected at the 
16.28 	state general election; or
16.29 	(b) a primary held four weeks before on the first Tuesday after the first second
16.30 	Monday in November September of odd-numbered years.

16.31 	Sec. 33. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
17.1 		Subd. 6.Special election required; exception; when held. Every vacancy shall be 
17.2 	filled for the remainder of the term by a special election held pursuant to this subdivision; 
17.3 	except that no special election shall be held in the year before the term expires.
17.4 	The special election shall be held at the next November election if the vacancy 
17.5 	occurs at least six nine weeks before the regular state primary preceding that election. If 
17.6 	the vacancy occurs less than six nine weeks before the regular state primary preceding 
17.7 	the next November election, the special election shall be held at the second November 
17.8 	election after the vacancy occurs.

17.9 	Sec. 34. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
17.10 		Subd. 8.Notice of special election. The secretary of state shall issue an official 
17.11 	notice of any special election required to be held pursuant to this section not later than 
17.12 	ten 12 weeks before the special primary, except that if the vacancy occurs ten 12 weeks or 
17.13 	less before the special primary, the secretary of state shall issue the notice no later than 
17.14 	two days after the vacancy occurs. The notice shall state the office to be filled, the opening 
17.15 	and closing dates for filing of candidacy and the dates of the special primary and special 
17.16 	election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply 
17.17 	generally to special elections, this notice shall be used in place of the writ of the governor. 

17.18 	Sec. 35. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
17.19 		Subd. 9.Filing by candidates. The time for filing of affidavits and nominating 
17.20 	petitions for candidates to fill a vacancy at a special election shall open six ten weeks 
17.21 	before the special primary or on the day the secretary of state issues notice of the special 
17.22 	election, whichever occurs later. Filings shall close four eight weeks before the special 
17.23 	primary.

17.24 	Sec. 36. [204D.29] CONTINUITY OF CONGRESS.
17.25 		Subdivision 1.In general. (a) If the speaker of the United States House of 
17.26 	Representatives announces that vacancies in the representation from the states in the 
17.27 	House of Representatives exceed 100 and one of those vacancies is in this state, the 
17.28 	governor shall issue a writ of election to fill such vacancy by special election.
17.29 	(b) As used in this section, "speaker" means the speaker of the United States House 
17.30 	of Representatives.
17.31 		Subd. 2.Timing of special election. A special election held under this section 
17.32 	to fill a vacancy shall take place not later than 49 days after the speaker announces 
18.1 	that the vacancy exists, unless, during the 75-day period which begins on the date of 
18.2 	the announcement of the vacancy:
18.3 	(1) a regularly scheduled general election for the office involved is to be held; or
18.4 	(2) another special election for the office involved is to be held, pursuant to a writ 
18.5 	for a special election issued by the governor prior to the date of the announcement of the 
18.6 	vacancy by the speaker.
18.7 		Subd. 3.Nominations by parties. If a special election is to be held under this 
18.8 	section, the chairs of the political parties of the state shall, not later than ten days after the 
18.9 	speaker announces that the vacancy exists, certify to the secretary of state the name of 
18.10 	the person nominated to fill this vacancy.
18.11 		Subd. 4.Nominating petitions. Other candidates must file an affidavit of candidacy 
18.12 	and a nominating petition under section 204B.07 not later than ten days after the speaker 
18.13 	announces that the vacancy exists.
18.14 		Subd. 5.Protecting ability of absent military and overseas voters to participate 
18.15 	in special elections. (a) Deadline for transmittal of absentee ballots. In conducting 
18.16 	a special election held under this section to fill a vacancy in its representation, the state 
18.17 	shall ensure to the greatest extent practicable that absentee ballots for the election are 
18.18 	transmitted to voters who vote under the procedure outlined in sections 203B.16 to 
18.19 	203B.27 not later than 15 days after the speaker announces that the vacancy exists.
18.20 	(b) Period for ballot transit time. Notwithstanding the other deadlines in this 
18.21 	section, in the case of voters who vote under the procedure outlined in sections 203B.16 
18.22 	to 203B.27, any otherwise valid ballot or other election material must be processed and 
18.23 	accepted so long as the ballot or other material is received by the county auditor not later 
18.24 	than 45 days after the ballot or other material was transmitted to the voter.

18.25 	Sec. 37. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
18.26 		Subd. 2.Resolution or ordinance. The governing body of a city may, by ordinance 
18.27 	or resolution adopted at least three six months before the next municipal general election, 
18.28 	elect to choose nominees for municipal offices by a primary as provided in this section. 
18.29 	The resolution or ordinance, when adopted, is effective for all ensuing municipal elections 
18.30 	until it is revoked. The municipal clerk shall notify the secretary of state and the county 
18.31 	auditor within 30 days after the adoption of the resolution or ordinance.

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

18.33 	Sec. 38. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
19.1 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
19.2 	become a candidate for an office to be voted for at the municipal general election shall file 
19.3 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
19.4 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
19.5 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
19.6 	the approval of the county auditor, the town clerk may authorize candidates for township 
19.7 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
19.8 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
19.9 	shall also accept an application signed by not less than five voters and filed on behalf of an 
19.10 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
19.11 	of the application has been made on the candidate and proof of service is endorsed on the 
19.12 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
19.13 	of the candidate on the official ballot without partisan designation. 

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

19.15 	Sec. 39. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
19.16 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
19.17 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
19.18 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
19.19 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
19.20 	days before the first day to file affidavits of candidacy. The notice must separately list 
19.21 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
19.22 	of a term when a special election is being held to fill a vacancy as provided in section 
19.23 	412.02, subdivision 2a.

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

19.25 	Sec. 40. [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE 
19.26 	FILING.
19.27 		Subdivision 1.Even-numbered year. For regularly scheduled municipal elections 
19.28 	held in an even-numbered year, the municipal clerk must provide the offices and questions 
19.29 	to be voted on in the municipality and the list of candidates for each office to the county 
19.30 	auditor for entry into the election results reporting system provided by the secretary of 
19.31 	state no later than 46 days prior to the election. Upon mutual agreement, the county auditor 
19.32 	may delegate the duty to enter the information into the system to the municipal clerk.
20.1 		Subd. 2.Odd-numbered year. For regularly scheduled municipal elections held in 
20.2 	an odd-numbered year, the county auditor and municipal clerk may mutually decide to use 
20.3 	the election reporting system for the election. If so, the county auditor must notify the 
20.4 	secretary of state of the intent to use the election reporting system at least 90 days before 
20.5 	the election, of who will be entering the data, and, if the municipal clerk will be entering 
20.6 	the data, that the office of the municipal clerk has the technological capacity to enter the 
20.7 	data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the 
20.8 	offices and questions to be voted on in the municipality and the list of candidates for each 
20.9 	office into the election results reporting system no later than 46 days prior to the election.

20.10 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
20.11 	certified that the election reporting system has been tested and shown to properly allow 
20.12 	for the entry of candidate names and for election results to be uploaded, and to be able to 
20.13 	handle the expected volume of use.

20.14 	Sec. 41. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
20.15 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
20.16 	clerk shall, at least one week two weeks before the election, publish a sample ballot in the 
20.17 	official newspaper of the municipality, except that the governing body of a fourth class 
20.18 	city or a town not located within a metropolitan county as defined in section 473.121
20.19 	may dispense with publication. 

20.20 	Sec. 42. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
20.21 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal 
20.22 	clerk shall at least four days two weeks before the election post prepare a sample ballot 
20.23 	for the municipality, make them available for public inspection in the clerk's office for 
20.24 	public inspection, and post a sample ballot in each polling place on election day.

20.25 	Sec. 43. [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
20.26 	VOTES.
20.27 	For regularly scheduled municipal elections held in November of an even-numbered 
20.28 	year, the county auditor shall enter the votes in each precinct for the questions and offices 
20.29 	voted on in the municipal election into the election results reporting system provided 
20.30 	by the secretary of state.
20.31 	If a county auditor has notified the secretary of state of intent to use the election 
20.32 	results reporting system for a municipal election pursuant to section 205.135, subdivision 
20.33 	2, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in 
21.1 	each precinct for the offices and questions voted on in the municipality into the election 
21.2 	results reporting system.

21.3 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
21.4 	certified that the election reporting system has been tested and shown to properly allow 
21.5 	for the entry of candidate names and for election results to be uploaded, and to be able to 
21.6 	handle the expected volume of use.

21.7 	Sec. 44. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
21.8 		Subdivision 1. Resolution requiring primary in certain circumstances. The 
21.9 	school board of a school district may, by resolution adopted by June 1 of any year, decide 
21.10 	to choose nominees for school board by a primary as provided in this section. The 
21.11 	resolution, when adopted, is effective for all ensuing elections of board members in that 
21.12 	school district until it is revoked. If the board decides to choose nominees by primary 
21.13 	and if there are more than two candidates for a specified school board position or more 
21.14 	than twice as many school board candidates as there are at-large school board positions 
21.15 	available, the school district must hold a primary. When a number equal to or less than 
21.16 	twice the number of individuals to be elected to a school board office file for nomination 
21.17 	for the office, the names of the candidates shall be placed upon the general election ballot.

21.18 	Sec. 45. [205A.045] SCHOOL DISTRICT TRANSITIONS.
21.19 		Subdivision 1.Odd year to even. (a) The governing body of a school district 
21.20 	may change from an odd-numbered year election to an even-numbered year election by 
21.21 	adopting a resolution that contains an orderly plan for the transition.  The resolution may 
21.22 	include a onetime, one-year extension of the term of each board member.
21.23 	(b) The governing body of the school district must adopt the resolution permitted by 
21.24 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
21.25 	the election at which the change will take effect.
21.26 		Subd. 2.Even year to odd. (a) The governing body of a school district may change 
21.27 	from an even-numbered year election to an odd-numbered year election by adopting a 
21.28 	resolution that contains an orderly plan for the transition.  The resolution may include a 
21.29 	onetime, one-year extension of the term of each board member.
21.30 	(b) The governing body of the school district must adopt the resolution permitted by 
21.31 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
21.32 	the election at which the change will take effect.

21.33 	Sec. 46. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
22.1 		Subdivision 1.Questions. Special elections must be held for a school district on a 
22.2 	question on which the voters are authorized by law to pass judgment. The school board 
22.3 	may on its own motion call a special election to vote on any matter requiring approval of 
22.4 	the voters of a district. Upon petition of 50 or more voters of the school district or five 
22.5 	percent of the number of voters voting at the preceding school district general election, 
22.6 	whichever is greater, the school board shall by resolution call a special election to vote on 
22.7 	any matter requiring approval of the voters of a district. A question is carried only with 
22.8 	the majority in its favor required by law. The election officials for a special election are 
22.9 	the same as for the most recent school district general election unless changed according 
22.10 	to law. Otherwise, special elections must be conducted and the returns made in the 
22.11 	manner provided for the school district general election. A special election may not be 
22.12 	held during the 30 45 days before and the 30 45 days after the state primary, during the 
22.13 	30 45 days before and the 40 days after the state general election. In addition, a special 
22.14 	election may not be held during the 20 days before and the 20 days after any regularly 
22.15 	scheduled March election or within 45 days before and the 30 days after any regularly 
22.16 	scheduled November election of a municipality wholly or partially within the school 
22.17 	district. Notwithstanding any other law to the contrary, the time period in which a special 
22.18 	election must be conducted under any other law may be extended by the school board to 
22.19 	conform with the requirements of this subdivision.

22.20 	Sec. 47. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
22.21 		Subd. 2.Vacancies in school district offices. Special elections shall be held in 
22.22 	school districts in conjunction with school district primary and general elections to fill 
22.23 	vacancies in elective school district offices. When filling multiple at-large vacancies at the 
22.24 	same election, the candidates shall file for the multiple seats of the same office, voters will 
22.25 	be instructed to "Vote for up to..." and the candidates receiving the most votes up to the 
22.26 	number to be elected will be elected to fill the vacancies.

22.27 	Sec. 48. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
22.28 		Subd. 2.Sample ballot, posting. For every school district primary, general, or 
22.29 	special election, the school district clerk shall at least four days two weeks before the 
22.30 	primary, general, or special election, post a sample ballot in the administrative offices of 
22.31 	the school district for public inspection, and shall post a sample ballot in each polling 
22.32 	place on election day.

23.1 	Sec. 49. [205A.075] ELECTION RESULTS REPORTING SYSTEM; 
23.2 	CANDIDATE FILING.
23.3 		Subdivision 1.Even-numbered year. For regularly scheduled school district 
23.4 	elections held in an even-numbered year, the school district clerk must provide the offices 
23.5 	and questions to be voted on in the school district and the list of candidates for each office 
23.6 	to the county auditor for entry into the election results reporting system provided by the 
23.7 	secretary of state no later than 46 days prior to the election.
23.8 		Subd. 2.Odd-numbered year. For regularly scheduled school district elections 
23.9 	held in an odd-numbered year, the county auditor and school district clerk may mutually 
23.10 	decide to use the election reporting system for the election. If so, the county auditor must 
23.11 	notify the secretary of state of intent to use the election reporting system at least 90 days 
23.12 	before the election. The county auditor must enter the offices and questions to be voted 
23.13 	on in the school district and the list of candidates for each office into the election results 
23.14 	reporting system no later than 46 days prior to the election.

23.15 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
23.16 	certified that the election reporting system has been tested and shown to properly allow 
23.17 	for the entry of candidate names and for election results to be uploaded, and to be able to 
23.18 	handle the expected volume of use.

23.19 	Sec. 50. [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
23.20 	VOTES.
23.21 	For regularly scheduled school district elections held in an even-numbered year, the 
23.22 	county auditor shall enter the votes in each precinct for the questions and offices voted 
23.23 	on in the school district election into the election results reporting system provided by 
23.24 	the secretary of state.
23.25 	If a county auditor has notified the secretary of state of intent to use the election 
23.26 	results reporting system for a school district election pursuant to section 205A.075, 
23.27 	subdivision 2, the county auditor must enter the votes in each precinct for the offices and 
23.28 	questions voted on in the school district into the election results reporting system.

23.29 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
23.30 	certified that the election reporting system has been tested and shown to properly allow 
23.31 	for the entry of candidate names and for election results to be uploaded, and to be able to 
23.32 	handle the expected volume of use.

23.33 	Sec. 51. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
24.1 		Subd. 6.Required certification. In addition to the requirements in subdivision 
24.2 	1, a voting system must be certified by an independent testing authority approved
24.3 	accredited by the secretary of state and conform to current standards for voting equipment
24.4 	Election Assistance Commission at the time of submission of the application required by 
24.5 	subdivision 1 to be in conformity with voluntary voting system guidelines issued by the 
24.6 	Federal Election Commission or its successor, the Election Assistance Commission. 
24.7 	The application must be accompanied by the certification report of the voting systems 
24.8 	test laboratory. A certification under this section from an independent testing authority 
24.9 	accredited by the Election Assistance Commission meets the requirement of Minnesota 
24.10 	Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the 
24.11 	voting system to the secretary of state. A chair of a major political party or the secretary of 
24.12 	state may select, in consultation with the vendor, an independent third-party evaluator to 
24.13 	examine the source code to ensure that it functions as represented by the vendor and that 
24.14 	the code is free from defects. A major political party that elects to have the source code 
24.15 	examined must pay for the examination. Except as provided by this subdivision, a source 
24.16 	code that is trade secret information must be treated as nonpublic information, according 
24.17 	to section 13.37. A third-party evaluator must not disclose the source code to anyone else. 

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

24.19 	Sec. 52. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:
24.20 		Subd. 5.Alternation. The provisions of the election laws requiring the alternation 
24.21 	of names of candidates must be observed as far as practicable by changing the order of the 
24.22 	names on an electronic voting system in the various precincts so that each name appears 
24.23 	on the machines or marking devices used in a municipality substantially an equal number 
24.24 	of times in the first, last, and in each intermediate place in the list or group in which they 
24.25 	belong. However, the arrangement of candidates' names must be the same on all voting 
24.26 	systems used in the same precinct. If the number of names to be alternated exceeds the 
24.27 	number of precincts For state primary and state general elections, the election official 
24.28 	responsible for providing the ballots, in accordance with subdivision 1, shall determine 
24.29 	by lot the alternation of names the base rotation of candidate names by assigning the 
24.30 	initial order of the candidates' names by random generation using the statewide election 
24.31 	reporting system.
24.32 	If an electronic ballot marker is used with a paper ballot that is not an optical scan 
24.33 	ballot card, the manner of alternation of candidate names on the paper ballot must be as 
24.34 	prescribed for optical scan ballots in this subdivision. 

25.1 	Sec. 53. Minnesota Statutes 2008, 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 printed name, address, telephone number, signature, and e-mail address, if 
25.6 	available, of the person responsible for filing the report; 
25.7 	(3) the total cash on hand;
25.8 	(4) the total amount of receipts and expenditures for the period from the last previous 
25.9 	report to five days before the current report is due; 
25.10 	(4) (5) the amount, date, and purpose for each expenditure; and 
25.11 	(5) (6) the name, address, and employer, or occupation if self-employed,  of any 
25.12 	individual or committee that during the year has made one or more contributions that in 
25.13 	the aggregate exceed $100, and the amount and date of each contribution. The filing 
25.14 	officer must restrict public access to the address of any individual who has made a 
25.15 	contribution that exceeds $100 and who has filed with the filing officer a written statement 
25.16 	signed by the individual that withholding the individual's address from the financial report 
25.17 	is required for the safety of the individual or the individual's family. 

25.18 	EFFECTIVE DATE. This section is effective June 1, 2010.

25.19 	Sec. 54. Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:
25.20 		Subd. 2.Notice of failure to file. If a candidate or committee has filed an initial 
25.21 	report, but fails to file a subsequent report on the date it is due, the filing officer shall 
25.22 	immediately notify the candidate or committee of the failure to file. If a report is not filed 
25.23 	within ten days after the notification is mailed, the filing officer shall file a complaint 
25.24 	under section 211B.32.  

25.25 	Sec. 55. Minnesota Statutes 2008, section 211B.11, is amended by adding a subdivision 
25.26 	to read:
25.27 		Subd. 3a.Labels prohibited.  Write-in candidates must not distribute labels to 
25.28 	voters to be affixed to optical scan ballots in precincts in which ballots are tabulated by 
25.29 	precinct or central count optical scan tabulators. A violation of this subdivision by a 
25.30 	candidate is subject to a civil penalty of up to $5,000 per precinct in the district. The civil 
25.31 	penalty is payable to the jurisdiction that owns the ballot tabulators for use in election 
25.32 	equipment repair and maintenance. Notwithstanding section 211B.37, the costs of a 
25.33 	complaint alleging a violation of this subdivision shall be assessed against the candidate.

26.1 	Sec. 56. Minnesota Statutes 2008, section 211B.12, is amended to read:
26.2 	211B.12 LEGAL EXPENDITURES. 
26.3 	Use of money collected for political purposes is prohibited unless the use is 
26.4 	reasonably related to the conduct of election campaigns, or is a noncampaign disbursement 
26.5 	as defined in section 10A.01, subdivision 26. The following are permitted expenditures 
26.6 	when made for political purposes: 
26.7 	(1) salaries, wages, and fees; 
26.8 	(2) communications, mailing, transportation, and travel; 
26.9 	(3) campaign advertising; 
26.10 	(4) printing; 
26.11 	(5) office and other space and necessary equipment, furnishings, and incidental 
26.12 	supplies; 
26.13 	(6) charitable contributions of not more than $100 to any charity organized 
26.14 	under section 501(c)(3) of the Internal Revenue Code annually, except that the amount 
26.15 	contributed by a principal campaign committee or from the campaign fund of a candidate 
26.16 	for political subdivision office that dissolves within one year after the contribution is made 
26.17 	is not limited by this clause; and 
26.18 	(7) other expenses, not included in clauses (1) to (6), that are reasonably related to 
26.19 	the conduct of election campaigns. In addition, expenditures made for the purpose of 
26.20 	providing information to constituents, whether or not related to the conduct of an election, 
26.21 	are permitted expenses. Money collected for political purposes and assets of a political 
26.22 	committee or political fund may not be converted to personal use. 

26.23 	Sec. 57. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
26.24 		Subd. 2a.Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an 
26.25 	office shall be filled by council appointment until an election is held as provided in this 
26.26 	subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
26.27 	(1) If the vacancy occurs before the first day to file affidavits of candidacy for 
26.28 	the next regular city election and more than two years remain in the unexpired term, a 
26.29 	special election shall be held at or before the next regular city election and the appointed 
26.30 	person shall serve until the qualification of a successor elected at a special election to fill 
26.31 	the unexpired portion of the term. The council must specify by ordinance under what 
26.32 	circumstances it will hold a special election to fill a vacancy other than a special election 
26.33 	held at the same time as the regular city election. If, because of a vacancy, more than one 
26.34 	council member is to be chosen at the same election, candidates for council member shall 
26.35 	file for either a two-year or a four-year term. If more than one candidate is to be elected 
27.1 	for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the 
27.2 	number of candidates to be elected for the two-year or four-year term.
27.3 	(2) If the vacancy occurs on or after the first day to file affidavits of candidacy for 
27.4 	the regular city election or when less than two years remain in the unexpired term, there 
27.5 	need not be a special election to fill the vacancy and the appointed person shall serve 
27.6 	until the qualification of a successor. The council must specify by ordinance under what 
27.7 	circumstances it will hold a special election to fill a vacancy other than a special election 
27.8 	held at the same time as the regular city election.

27.9 	Sec. 58. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
27.10 		Subd. 4.Effective date of incorporation. The incorporation shall be effective upon 
27.11 	the election and qualification of new municipal officers or on such later date as is fixed by 
27.12 	the director's order. The effective date must not fall within the 21 days before a regularly 
27.13 	scheduled election. Failure to comply with the provisions of this subdivision with respect 
27.14 	to regularly scheduled elections, or to set the right effective date in relation to regularly 
27.15 	scheduled elections, does not invalidate the annexation.

27.16 	Sec. 59. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
27.17 		Subd. 6.Effective date of annexation. The annexation shall be effective as of the 
27.18 	date fixed in the annexation order or on a later date fixed in the annexation order. The 
27.19 	effective date must not fall within the 21 days before a regularly scheduled election. 
27.20 	Failure to comply with the provisions of this subdivision with respect to regularly 
27.21 	scheduled elections, or to set the right effective date in relation to regularly scheduled 
27.22 	elections, does not invalidate the annexation.

27.23 	Sec. 60. Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to read:
27.24 		Subdivision 1. Initiating the proceeding. (a) One or more townships and one or 
27.25 	more municipalities, by joint resolution, may designate an unincorporated area as in 
27.26 	need of orderly annexation. One or more municipalities, by joint resolution with the 
27.27 	county, may designate an unincorporated area in which there is no organized township 
27.28 	government as in need of orderly annexation. 
27.29 	(b) A designated area is any area which the signatories to a joint resolution for 
27.30 	orderly annexation have identified as being appropriate for annexation, either currently 
27.31 	or at some point in the future, pursuant to the negotiated terms and conditions set forth 
27.32 	in the joint resolution. Land described as a designated area is not, by virtue of being so 
27.33 	described, considered also to be annexed for purposes of this chapter. 
28.1 	(c) The joint resolution will confer jurisdiction on the chief administrative law judge 
28.2 	over annexations in the designated area and over the various provisions in said agreement 
28.3 	by submission of said joint resolution to the chief administrative law judge. 
28.4 	(d) The resolution shall include a description of the designated area and the reasons 
28.5 	for designation. 
28.6 	(e) Thereafter, an annexation of any part of the designated area may be initiated by: 
28.7 	(1) submitting to the chief administrative law judge a resolution of any signatory 
28.8 	to the joint resolution; or 
28.9 	(2) the chief administrative law judge. 
28.10 	(f) Whenever a state agency, other than the pollution control agency, orders a 
28.11 	municipality to extend a municipal service to an area, the order confers jurisdiction on the 
28.12 	chief administrative law judge to consider designation of the area for orderly annexation. 
28.13 	(g) If a joint resolution designates an area as in need of orderly annexation and states 
28.14 	that no alteration of its stated boundaries is appropriate, the chief administrative law judge 
28.15 	may review and comment, but may not alter the boundaries. 
28.16 	(h) If a joint resolution designates an area as in need of orderly annexation, provides 
28.17 	for the conditions for its annexation, and states that no consideration by the chief 
28.18 	administrative law judge is necessary, the chief administrative law judge may review and 
28.19 	comment, but shall, within 30 days, order the annexation in accordance with the terms of 
28.20 	the resolution.  A joint resolution filed within the 51 days before a regularly scheduled 
28.21 	election must provide in the conditions for its annexation that the annexation will not be 
28.22 	effective until the day after the regularly scheduled election. Failure to comply with the 
28.23 	provisions of this subdivision with respect to regularly scheduled elections, or to set 
28.24 	the right effective date in relation to regularly scheduled elections, does not invalidate 
28.25 	the annexation.

28.26 	Sec. 61. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read:
28.27 		Subd. 4.Effective date of annexation. The chief administrative law judge's order 
28.28 	shall be effective upon the issuance of the order or at such later time as is provided in the 
28.29 	order. The effective date must not fall within the 21 days before a regularly scheduled 
28.30 	election. Failure to comply with the provisions of this subdivision with respect to regularly 
28.31 	scheduled elections, or to set the right effective date in relation to regularly scheduled 
28.32 	elections, does not invalidate the annexation.

28.33 	Sec. 62. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
29.1 		Subd. 7.Filing; effective date; copy to auditors. Any annexation ordinance 
29.2 	provided for in this section must be filed with the chief administrative law judge, the 
29.3 	township, the county auditor and the secretary of state and is final on the date the 
29.4 	ordinance is approved by the chief administrative law judge, except that an ordinance 
29.5 	approved within the 21 days before a regularly scheduled election is not effective until 
29.6 	the day after the regularly scheduled election. A copy of the annexation ordinance must 
29.7 	be delivered immediately by the governing body of the municipality to the appropriate 
29.8 	county auditors. Failure to comply with the provisions of this subdivision with respect 
29.9 	to regularly scheduled elections, or to set the right effective date in relation to regularly 
29.10 	scheduled elections, does not invalidate the annexation.

29.11 	Sec. 63.  REPEALER.
 29.12 	Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, are repealed.