1.1 	A bill for an act
1.2 	relating to elections; moving the state primary from September to June and 
1.3 	making conforming changes; updating certain ballot and voting system 
1.4 	requirements; changing certain election administration provisions; authorizing 
1.5 	early voting; expanding requirements and authorizations for postsecondary 
1.6 	institutions to report resident student information to the secretary of state for 
1.7 	voter registration purposes; changing certain absentee ballot requirements and 
1.8 	provisions; requiring a special election for certain vacancies in nomination; 
1.9 	changing the special election requirements for vacancies in Congressional 
1.10 	offices; requiring an affidavit of candidacy to state the candidate's residence 
1.11 	address and telephone number; changing municipal precinct and ward boundary 
1.12 	requirements for certain cities; imposing additional requirements on polling 
1.13 	place challengers; changing certain caucus and campaign provisions;amending 
1.14 	Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, 
1.15 	subdivision 1; 10A.323; 103C.305, subdivisions 1, 3; 135A.17, subdivision 
1.16 	2; 201.016, subdivisions 1a, 2; 201.022, subdivision 1; 201.056; 201.061, 
1.17 	subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding a subdivision; 
1.18 	201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.001; 203B.01, by adding 
1.19 	a subdivision; 203B.02, subdivision 3; 203B.03, subdivision 1; 203B.04, 
1.20 	subdivisions 1, 6; 203B.05; 203B.06, subdivisions 3, 5; 203B.07, subdivisions 2, 
1.21 	3; 203B.08, subdivisions 2, 3, by adding a subdivision; 203B.081; 203B.085; 
1.22 	203B.11, subdivision 1; 203B.12; 203B.125; 203B.16, subdivision 2; 203B.17, 
1.23 	subdivision 1; 203B.19; 203B.21, subdivision 2; 203B.22; 203B.225, subdivision 
1.24 	1; 203B.227; 203B.23, subdivision 2; 203B.24, subdivision 1; 203B.26; 204B.04, 
1.25 	subdivisions 2, 3; 204B.06, by adding a subdivision; 204B.07, subdivision 1; 
1.26 	204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.13, subdivisions 1, 2, 
1.27 	by adding subdivisions; 204B.135, subdivisions 1, 3, 4; 204B.14, subdivisions 
1.28 	2, 3, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18; 204B.21, 
1.29 	subdivision 1; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 
1.30 	204B.28, subdivision 2; 204B.33; 204B.35, subdivision 4; 204B.44; 204B.45, 
1.31 	subdivision 2; 204B.46; 204C.02; 204C.04, subdivision 1; 204C.06, subdivision 
1.32 	1; 204C.07, subdivisions 3a, 4; 204C.08; 204C.10; 204C.12, subdivision 2; 
1.33 	204C.13, subdivisions 2, 3, 5, 6; 204C.17; 204C.19, subdivision 2; 204C.20, 
1.34 	subdivisions 1, 2; 204C.21; 204C.22, subdivisions 3, 4, 6, 7, 10, 13; 204C.24, 
1.35 	subdivision 1; 204C.25; 204C.26; 204C.27; 204C.28, subdivision 3; 204C.30, 
1.36 	by adding subdivisions; 204C.33, subdivisions 1, 3; 204C.35, subdivisions 1, 
1.37 	2, by adding a subdivision; 204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03, 
1.38 	subdivisions 1, 3; 204D.04, subdivision 2; 204D.05, subdivision 3; 204D.07; 
1.39 	204D.08; 204D.09, subdivision 2; 204D.10, subdivisions 1, 3; 204D.11, 
2.1 	subdivision 1; 204D.12; 204D.13; 204D.16; 204D.165; 204D.17; 204D.19; 
2.2 	204D.20, subdivision 1; 204D.25, subdivision 1; 205.065, subdivisions 1, 2; 
2.3 	205.07, by adding a subdivision; 205.075, subdivision 1; 205.13, subdivisions 
2.4 	1, 1a, 2; 205.16, subdivisions 2, 3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185, 
2.5 	subdivision 3, by adding a subdivision; 205.84, subdivisions 1, 2; 205A.03, 
2.6 	subdivisions 1, 2; 205A.05, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07, 
2.7 	subdivisions 2, 3; 205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3, by 
2.8 	adding a subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57, 
2.9 	subdivision 6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86, 
2.10 	subdivision 6; 206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03; 
2.11 	208.04; 211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions 
2.12 	1, 2; 412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 
2.13 	414.0325, subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4; Laws 
2.14 	2005, chapter 162, section 34, subdivision 2; proposing coding for new law 
2.15 	in Minnesota Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A; 
2.16 	repealing Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 
2.17 	5; 203B.10; 203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25; 
2.18 	204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3; 
2.19 	204B.36; 204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision 
2.20 	3; 204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, 
2.21 	subdivisions 1, 2; 204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 
2.22 	204D.14, subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28; 
2.23 	205.17, subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61, 
2.24 	subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions 1, 6, 
2.25 	7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7, 8; 206.91; 
2.26 	Minnesota Rules, part 8230.4365, subpart 5.
2.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.28 	Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
2.29 		Subd. 6.Distribution of party accounts. As soon as the board has obtained from 
2.30 	the secretary of state the results of the primary election, but no later than one week after 
2.31 	certification by the State Canvassing Board of the results of the primary, the board must 
2.32 	distribute the available money in each party account, as certified by the commissioner of 
2.33 	revenue on September 1 one week before the state primary, to the candidates of that party 
2.34 	who have signed a spending limit agreement under section 10A.322 and filed the affidavit 
2.35 	of contributions required by section 10A.323, who were opposed in either the primary 
2.36 	election or the general election, and whose names are to appear on the ballot in the general 
2.37 	election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy 
2.38 	from the party account may not be paid in an amount greater than the expenditure limit 
2.39 	of the candidate or the expenditure limit that would have applied to the candidate if the 
2.40 	candidate had not been freed from expenditure limits under section 10A.25, subdivision 
2.41 	10. If a candidate files the affidavit required by section 10A.323 after September 1 of the 
2.42 	general election year, the board must pay the candidate's allocation to the candidate at the 
2.43 	next regular payment date for public subsidies for that election cycle that occurs at least 
2.44 	15 days after the candidate files the affidavit. 

3.1 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
3.2 	thereafter.

3.3 	Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read:
3.4 	10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
3.5 		Subdivision 1.Calculation and certification of estimates. The commissioner of 
3.6 	revenue must calculate and certify to the board one week before July 1the first day for 
3.7 	filing for office in each election year an estimate of the total amount in the state general 
3.8 	account of the state elections campaign fund and the amount of money each candidate 
3.9 	who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the 
3.10 	candidate's party account in the state elections campaign fund. This estimate must be 
3.11 	based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any 
3.12 	necessary vote totals provided by the secretary of state to apply the formulas in section 
3.13 	10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 
3.14 	100 percent of the tax returns have been processed.  
3.15 		Subd. 2.Publication, certification, and notification procedures. Before the 
3.16 	first day of filing for office, the board must publish and forward to all filing officers 
3.17 	the estimates calculated and certified under subdivision 1 along with a copy of section 
3.18 	10A.25, subdivision 10. Within seven days one week after the last day for filing for 
3.19 	office, the secretary of state must certify to the board the name, address, office sought, and 
3.20 	party affiliation of each candidate who has filed with that office an affidavit of candidacy 
3.21 	or petition to appear on the ballot. The auditor of each county must certify to the board 
3.22 	the same information for each candidate who has filed with that county an affidavit of 
3.23 	candidacy or petition to appear on the ballot. By August 15 Within two weeks after the last 
3.24 	day for filing for office, the board must notify all candidates of their estimated minimum 
3.25 	amount. The board must include with the notice a form for the agreement provided in 
3.26 	section 10A.322 along with a copy of section 10A.25, subdivision 10.  

3.27 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
3.28 	thereafter.

3.29 	Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
3.30 		Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public 
3.31 	subsidy, a candidate must sign and file with the board a written agreement in which the 
3.32 	candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 
3.33 	10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. 
4.1 	(b) Before the first day of filing for office, the board must forward agreement forms 
4.2 	to all filing officers. The board must also provide agreement forms to candidates on 
4.3 	request at any time. The candidate must file the agreement with the board by September 1 
4.4 	preceding the candidate's general election or a special election held at the general election
4.5 	at least three weeks before the candidate's state primary. An agreement may not be filed 
4.6 	after that date. An agreement once filed may not be rescinded. 
4.7 	(c) The board must notify the commissioner of revenue of any agreement signed 
4.8 	under this subdivision. 
4.9 	(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means 
4.10 	of a special election and the filing period does not coincide with the filing period for the 
4.11 	general election, a candidate may sign and submit a spending limit agreement not later 
4.12 	than the day after the candidate files the affidavit of candidacy or nominating petition 
4.13 	for the office. 

4.14 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
4.15 	thereafter.

4.16 	Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read:
4.17 	10A.323 AFFIDAVIT OF CONTRIBUTIONS. 
4.18 	In addition to the requirements of section 10A.322, to be eligible to receive a public 
4.19 	subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit 
4.20 	with the board stating that during that calendar year between January 1 of the election year 
4.21 	and the cutoff date for transactions included in the report of receipts and expenditures due 
4.22 	before the primary election,  the candidate has accumulated contributions from persons 
4.23 	eligible to vote in this state in at least the amount indicated for the office sought, counting 
4.24 	only the first $50 received from each contributor: 
4.25 	(1) candidates for governor and lieutenant governor running together, $35,000; 
4.26 	(2) candidates for attorney general, $15,000; 
4.27 	(3) candidates for secretary of state and state auditor, separately, $6,000; 
4.28 	(4) candidates for the senate, $3,000; and 
4.29 	(5) candidates for the house of representatives, $1,500. 
4.30 	The affidavit must state the total amount of contributions that have been received 
4.31 	from persons eligible to vote in this state, disregarding the portion of any contribution in 
4.32 	excess of $50. 
5.1 	The candidate or the candidate's treasurer must submit the affidavit required by this 
5.2 	section to the board in writing by the cutoff date deadline for reporting of receipts and 
5.3 	expenditures before a primary under section 10A.20, subdivision 4. 
5.4 	A candidate for a vacancy to be filled at a special election for which the filing period 
5.5 	does not coincide with the filing period for the general election must submit the affidavit 
5.6 	required by this section to the board within five days after filing the affidavit of candidacy. 

5.7 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
5.8 	thereafter.

5.9 	Sec. 5. Minnesota Statutes 2008, section 103C.305, subdivision 1, is amended to read:
5.10 		Subdivision 1.Time for election. Elections must be held at the state general 
5.11 	election specified in section 204D.03, subdivision 2. A primary may not must be held if 
5.12 	there are more than two candidates for any available supervisor position.  

5.13 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
5.14 	thereafter.

5.15 	Sec. 6. Minnesota Statutes 2008, section 103C.305, subdivision 3, is amended to read:
5.16 		Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 
5.17 	candidates shall be placed on the "canary state general election ballot" described in section 
5.18 	204D.11, subdivision 3. The office title printed on the ballot must be either "Soil and 
5.19 	Water Conservation District Supervisor" or "Conservation District Supervisor," based 
5.20 	upon the district from which the supervisor is to be elected. 

5.21 	Sec. 7. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
5.22 		Subd. 2. Residential housing list List of enrolled students. All postsecondary 
5.23 	institutions that enroll students accepting state or federal financial aid may (a) Institutions 
5.24 	within the Minnesota State Colleges and Universities must prepare a current list of 
5.25 	students enrolled in the institution and residing in the institution's housing or within 
5.26 	ten miles of the institution's campus in Minnesota. The list shallmust include each 
5.27 	student's name and current address, unless the name or address is not designated as public 
5.28 	data under section 13.32, subdivision 5. The list shallmust be certified and sent to the 
5.29 	appropriate county auditor or auditors secretary of state no earlier than 30 and no later than 
5.30 	25 days before the November general election, in an electronic format specified by the 
5.31 	secretary of state,  for use in election day registration as provided under section 201.061, 
5.32 	subdivision 3.  The certification must be dated and signed by the chief officer or designee 
6.1 	of the postsecondary educational institution, or for institutions within the Minnesota State 
6.2 	Colleges and Universities, by the chancellor, and must state that the list is current and 
6.3 	accurate and includes only the names of currently enrolled students residing in Minnesota 
6.4 	as of the date of certification. The secretary of state must combine the data received from 
6.5 	each postsecondary educational institution under this subdivision and must process the 
6.6 	data to locate the precinct in which the address provided for each student is located. If the 
6.7 	data submitted by the postsecondary educational institution is insufficient for the secretary 
6.8 	of state to locate the proper precinct, the associated student name must not appear in any 
6.9 	list forwarded to a county auditor under this subdivision.
6.10 	At least 14 days before the November general election, the secretary of state 
6.11 	must forward to the appropriate county auditor lists of students containing the students' 
6.12 	names and addresses for which precinct determinations have been made along with their 
6.13 	postsecondary educational institutions. The list must be sorted by precinct and student 
6.14 	last name and must be forwarded in an electronic format specified by the secretary of 
6.15 	state or other mutually agreed upon medium, if a written agreement specifying the 
6.16 	medium is signed by the secretary of state and the county auditor at least 90 days before 
6.17 	the November general election. A written agreement is effective for all elections until 
6.18 	rescinded by either the secretary of state or the county auditor.
6.19 	(b) Other postsecondary institutions may provide lists as provided by this subdivision 
6.20 	or as provided by the rules of the secretary of state. The University of Minnesota is 
6.21 	requested to comply with this subdivision.
6.22 	(c) A residential housing list provided under this subdivision may not be used or 
6.23 	disseminated by a county auditor or the secretary of state for any other purpose. 

6.24 	Sec. 8. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to read:
6.25 		Subd. 1a.Violations; penalty. (a) The county auditor shall mail a violation notice 
6.26 	to any voter who the county auditor can determine has voted: (1) provided the address at 
6.27 	which the voter maintains residence, but was allowed to vote in a precinct other than the 
6.28 	precinct in which the voter maintains residence; and (2) not voted in the wrong precinct 
6.29 	previously. The notice must be in the form provided by the secretary of state. 
6.30 	(b) The county auditor shall mail a violation notice to any voter who otherwise voted 
6.31 	in a precinct in which the voter did not maintain residence on election day. The county 
6.32 	auditor shall also change the status of the voter in the statewide registration system to 
6.33 	"challenged" and the voter shall be required to provide proof of residence to either the 
6.34 	county auditor or to the election judges in the voter's precinct before voting in the next 
7.1 	election. Any of the forms authorized by section 201.061 for registration at the polling 
7.2 	place may be used for this purpose.  
7.3 	(b) (c) A voter who votes in a precinct other than the precinct in which the 
7.4 	voter maintains residence after receiving an initial violation notice as provided in this 
7.5 	subdivision is guilty of a petty misdemeanor.
7.6 	(c) (d) A voter who votes in a precinct other than the precinct in which the voter 
7.7 	maintains residence after having been found to have committed a petty misdemeanor 
7.8 	under paragraph (b) is guilty of a misdemeanor.
7.9 	(d) (e) Reliance by the voter on inaccurate information regarding the location of 
7.10 	the voter's polling place provided by the state, county, or municipality is an affirmative 
7.11 	defense to a prosecution under this subdivision.

7.12 	Sec. 9. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
7.13 		Subd. 2.Duration of residence. The governing body of any city by resolution 
7.14 	may require an eligible voter to maintain residence in a precinct for a period of 30 days 
7.15 	prior to voting on any question affecting only that precinct or voting to elect public 
7.16 	officials representing only that precinct. The governing body of any town by resolution 
7.17 	may require an eligible voter to maintain residence in that town for a period of 30 days 
7.18 	prior to voting in a town election. The school board of any school district by resolution 
7.19 	may require an eligible voter to maintain residence in that school district for a period of 
7.20 	30 days prior to voting in a school district election. If a political boundary, including a 
7.21 	precinct, municipal, or school district boundary, is redrawn within the 30 days prior to 
7.22 	an election in a manner that places an eligible voter in a new jurisdiction and the eligible 
7.23 	voter has not changed residence during the 30 days before the election, the eligible voter 
7.24 	meets any residency requirement imposed under this subdivision.

7.25 	Sec. 10. Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:
7.26 		Subdivision 1.Establishment. The secretary of state shall maintain a statewide 
7.27 	voter registration system to facilitate voter registration and to provide a central database 
7.28 	containing voter registration information from around the state. The system must be 
7.29 	accessible to the county auditor of each county in the state. The system must also:
7.30 	(1) provide for voters to submit their voter registration applications to any county 
7.31 	auditor, the secretary of state, or the Department of Public Safety;
7.32 	(2) provide for the definition, establishment, and maintenance of a central database 
7.33 	for all voter registration information;
7.34 	(3) provide for entering data into the statewide registration system;
8.1 	(4) provide for electronic transfer of completed voter registration applications from 
8.2 	the Department of Public Safety to the secretary of state or the county auditor;
8.3 	(5) assign a unique identifier to each legally registered voter in the state;
8.4 	(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 
8.5 	state identification number, and last four digits of the Social Security number for each 
8.6 	voter record;
8.7 	(7) coordinate with other agency databases within the state;
8.8 	(8) allow county auditors and the secretary of state to add or modify information in 
8.9 	the system to provide for accurate and up-to-date records;
8.10 	(9) allow county auditors, municipal and school district clerks, and the secretary 
8.11 	of state to have electronic access to the statewide registration system for review and 
8.12 	search capabilities;
8.13 	(10) provide security and protection of all information in the statewide registration 
8.14 	system and ensure that unauthorized access is not allowed;
8.15 	(11) provide access to municipal clerks to use the system;
8.16 	(12) provide a system for each county to identify the precinct to which a voter 
8.17 	should be assigned for voting purposes;
8.18 	(13) provide daily reports accessible by county auditors on the driver's license 
8.19 	numbers, state identification numbers, or last four digits of the Social Security numbers 
8.20 	submitted on voter registration applications that have been verified as accurate by the 
8.21 	secretary of state; and
8.22 	(14) provide reports on the number of absentee ballots transmitted to and returned 
8.23 	and cast by voters under section 203B.16; and
8.24 	(15) provide rosters, master lists, and other reports necessary for early voting.
8.25 	The appropriate state or local official shall provide security measures to prevent 
8.26 	unauthorized access to the computerized list established under section 201.021.  

8.27 	Sec. 11. Minnesota Statutes 2008, section 201.056, is amended to read:
8.28 	201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 
8.29 	An individual who is unable to write the individual's name shall be required to sign 
8.30 	a registration application in the manner provided by section 645.44, subdivision 14. If 
8.31 	the individual registers in person and signs by making a mark, the clerk or election judge 
8.32 	accepting the registration shall certify the mark by signing the individual's name. If the 
8.33 	individual registers by mail and signs by making a mark, the mark shall be certified by 
8.34 	having a voter registered in the individual's precinct sign the individual's name and the 
8.35 	voter's own name and give the voter's own address. An individual who has power of 
9.1 	attorney for another person may not sign election-related documents for that person, 
9.2 	except as provided by this section.

9.3 	Sec. 12. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
9.4 		Subdivision 1.Prior to election day. At any time except during the 20 days 
9.5 	immediately preceding any regularly scheduled election, an eligible voter or any 
9.6 	individual who will be an eligible voter at the time of the next election may register to vote 
9.7 	in the precinct in which the voter maintains residence by completing a voter registration 
9.8 	application as described in section 201.071, subdivision 1, and submitting it in person or 
9.9 	by mail to the county auditor of that county or to the Secretary of State's Office.  If the Web 
9.10 	site maintained by the secretary of state provides a process for it, an individual who has 
9.11 	a Minnesota driver's license, identification card, or learner's permit may register online. 
9.12 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
9.13 	election shall be accepted. An improperly addressed or delivered registration application 
9.14 	shall be forwarded within two working days after receipt to the county auditor of the 
9.15 	county where the voter maintains residence. A state or local agency or an individual that 
9.16 	accepts completed voter registration applications from a voter must submit the completed 
9.17 	applications to the secretary of state or the appropriate county auditor within ten business 
9.18 	days after the applications are dated by the voter. 
9.19 	For purposes of this section, mail registration is defined as a voter registration 
9.20 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
9.21 	United States Postal Service or a commercial carrier.

9.22 	Sec. 13. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
9.23 		Subd. 3. Election day registration. (a) An individual who is eligible to vote may 
9.24 	register on election day by appearing in person at the polling place for the precinct in 
9.25 	which the individual maintains residence, by completing a registration application, making 
9.26 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
9.27 	An individual may prove residence for purposes of registering by: 
9.28 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
9.29 	to section 171.07; 
9.30 	(2) presenting any document approved by the secretary of state as proper 
9.31 	identification; 
9.32 	(3) presenting one of the following: 
9.33 	(i) a current valid student identification card from a postsecondary educational 
9.34 	institution in Minnesota, if a list of students from that institution has been prepared under 
10.1 	section 135A.17and certified to the county auditoror  in the manner provided in rules of 
10.2 	the secretary of state; or 
10.3 	(ii) a current student fee statement that contains the student's valid address in the 
10.4 	precinct together with a picture identification card; or 
10.5 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
10.6 	employed by and working in a residential facility in the precinct and vouching for a 
10.7 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
10.8 	voter or employee personally knows that the individual is a resident of the precinct. A 
10.9 	voter who has been vouched for on election day may not sign a proof of residence oath 
10.10 	vouching for any other individual on that election day. A voter who is registered to vote in 
10.11 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
10.12 	does not apply to an employee of a residential facility described in this clause. The 
10.13 	secretary of state shall provide a form for election judges to use in recording the number 
10.14 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
10.15 	form must include space for the maximum number of individuals for whom a voter may 
10.16 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
10.17 	a statement that the voter is registered to vote in the precinct, personally knows that the 
10.18 	individual is a resident of the precinct, and is making the statement on oath. The form must 
10.19 	include a space for the voter's printed name, signature, telephone number, and address. 
10.20 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
10.21 	attached to the voter registration application. 
10.22 	(b) The operator of a residential facility shall prepare a list of the names of its 
10.23 	employees currently working in the residential facility and the address of the residential 
10.24 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
10.25 	no less than 20 days before each election for use in election day registration. 
10.26 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
10.27 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
10.28 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
10.29 	5; a residence registered with the commissioner of health as a housing with services 
10.30 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
10.31 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
10.32 	licensed by the commissioner of human services to provide a residential program as 
10.33 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
10.34 	developmental disability licensed by the commissioner of human services under section 
10.35 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
10.36 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
11.1 	publicly or privately operated shelter or dwelling designed to provide temporary living 
11.2 	accommodations for the homeless. 
11.3 	(d) For tribal band members, an individual may prove residence for purposes of 
11.4 	registering by: 
11.5 	(1) presenting an identification card issued by the tribal government of a tribe 
11.6 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
11.7 	contains the name, address, signature, and picture of the individual; or 
11.8 	(2) presenting an identification card issued by the tribal government of a tribe 
11.9 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
11.10 	contains the name, signature, and picture of the individual and also presenting one of the 
11.11 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 
11.12 	(e) A county, school district, or municipality may require that an election judge 
11.13 	responsible for election day registration initial each completed registration application. 

11.14 	Sec. 14. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
11.15 		Subdivision 1.Form. A voter registration application must be of suitable size and 
11.16 	weight for mailing and contain spaces for the following required information: voter's first 
11.17 	name, middle name, and last name; voter's previous name, if any; voter's current address; 
11.18 	voter's previous address, if any; voter's date of birth; voter's municipality and county of 
11.19 	residence; voter's telephone number, if provided by the voter; date of registration; current 
11.20 	and valid Minnesota driver's license number or Minnesota state identification number, 
11.21 	or if the voter has no current and valid Minnesota driver's license or Minnesota state 
11.22 	identification, and the last four digits of the voter's Social Security number; and voter's 
11.23 	signature. The registration application may include the voter's e-mail address, if provided 
11.24 	by the voter, and the voter's interest in serving as an election judge, if indicated by the 
11.25 	voter. The application must also contain the following certification of voter eligibility:
11.26 	"I certify that I:
11.27 	(1) will be at least 18 years old on election day;
11.28 	(2) am a citizen of the United States;
11.29 	(3) will have resided in Minnesota for 20 days immediately preceding election day;
11.30 	(4) maintain residence at the address given on the registration form;
11.31 	(5) am not under court-ordered guardianship in which the court order revokes my 
11.32 	right to vote;
11.33 	(6) have not been found by a court to be legally incompetent to vote;
11.34 	(7) have the right to vote because, if I have been convicted of a felony, my felony 
11.35 	sentence has expired (been completed) or I have been discharged from my sentence; and
12.1 	(8) have read and understand the following statement: that giving false information 
12.2 	is a felony punishable by not more than five years imprisonment or a fine of not more 
12.3 	than $10,000, or both."
12.4 	The certification must include boxes for the voter to respond to the following 
12.5 	questions:
12.6 	"(1) Are you a citizen of the United States?" and
12.7 	"(2) Will you be 18 years old on or before election day?"
12.8 	And the instruction:
12.9 	"If you checked 'no' to either of these questions, do not complete this form."
12.10 	The form of the voter registration application and the certification of voter eligibility 
12.11 	must be as provided in this subdivision and approved by the secretary of state. Voter 
12.12 	registration forms authorized by the National Voter Registration Act must also be accepted 
12.13 	as valid. The federal postcard application form must also be accepted as valid if it is not 
12.14 	deficient and the voter is eligible to register in Minnesota.
12.15 	An individual may use a voter registration application to apply to register to vote in 
12.16 	Minnesota or to change information on an existing registration.
12.17 	A paper voter registration application must include space for the voter's signature. 
12.18 	Paper voter registration applications, other than those used for election day registration, 
12.19 	must be of suitable size and weight for mailing.

12.20 	Sec. 15. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision 
12.21 	to read:
12.22 		Subd. 5a.Registration confirmation to registered voter. The secretary of state 
12.23 	must ensure that the secretary of state's Web site is capable of providing voter registration 
12.24 	confirmation to a registered voter. An individual requesting registration confirmation must 
12.25 	provide the individual's name, address, and date of birth. If the information provided by 
12.26 	the individual completely matches an active voter record in the statewide voter registration 
12.27 	system, the Web site must inform the individual that the individual is a registered voter and 
12.28 	must provide the individual with the individual's polling place location. If the information 
12.29 	provided by the individual does not completely match an active voter record in the 
12.30 	statewide voter registration system, the Web site must inform the individual that a voter 
12.31 	record with that name and date of birth at the address provided cannot be confirmed and the 
12.32 	Web site must advise the individual to contact the county auditor for further information.

12.33 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
12.34 	certified that the Web site has been tested, shown to properly retrieve information from the 
12.35 	correct voter's record, and can handle the expected volume of use.

13.1 	Sec. 16. Minnesota Statutes 2008, section 201.11, is amended to read:
13.2 	201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET 
13.3 	ADDRESSES CHANGED, CHANGE OF FILES.
13.4 		Subdivision 1.Precinct boundaries changed. When the boundaries of a precinct 
13.5 	are changed, the county auditor shall immediately update the voter records for that 
13.6 	precinct in the statewide voter registration system to accurately reflect those changes.
13.7 		Subd. 2.House number or street address changed. If a municipality 
13.8 	administratively changes the number or name of a street address of an existing residence, 
13.9 	the municipal clerk shall promptly notify the county auditor and the county auditor 
13.10 	shall immediately update the voter records of registered voters in the statewide voter 
13.11 	registration system to accurately reflect that change. A municipality must not make a 
13.12 	change to the number or name of a street address of an existing residence effective during 
13.13 	the 45 days before an election in a jurisdiction that includes the affected residence.

13.14 	Sec. 17. Minnesota Statutes 2008, section 201.12, is amended to read:
13.15 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
13.16 	CHALLENGES. 
13.17 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
13.18 	excess names, the county auditor may mail to any registered voter a notice stating the 
13.19 	voter's name and address as they appear in the registration files. The notice shall request 
13.20 	the voter to notify the county auditor if there is any mistake in the information. 
13.21 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
13.22 	official is returned as undeliverable but with a permanent forwarding address in this state, 
13.23 	the county auditor may change the voter's status to "inactive" in the statewide registration 
13.24 	system and shall notify transmit a copy of the mailing to the auditor of the county in which 
13.25 	the new address is located. Upon receipt of the notice, If an election is scheduled to occur 
13.26 	in the precinct in which the voter resides in the next 47 days, the county auditor shall 
13.27 	promptly update the voter's address in the statewide voter registration system and. If there 
13.28 	is not an election scheduled, the auditor may wait to update the voter's address until after 
13.29 	the next list of address changes is received from the secretary of state. Once updated, the 
13.30 	county auditor shall mail to the voter a notice stating the voter's name, address, precinct, 
13.31 	and polling place. The notice must advise the voter that the voter's voting address has 
13.32 	been changed and that the voter must notify the county auditor within 21 days if the 
13.33 	new address is not the voter's address of residence. The notice must state that it must be 
13.34 	returned if it is not deliverable to the voter at the named address. 
14.1 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
14.2 	official is returned as undeliverable but with a permanent forwarding address outside this 
14.3 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
14.4 	advising the voter that the voter's status in the statewide voter registration system will be 
14.5 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
14.6 	voter is retaining the former address as the voter's address of residence. If the notice is 
14.7 	not received by the deadline, the county auditor shall change the voter's status shall be 
14.8 	changed to "inactive" in the statewide voter registration system. 
14.9 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
14.10 	is returned as undeliverable but with no forwarding address, the county auditor shall 
14.11 	change the registrant's status to "challenged" in the statewide voter registration system. 
14.12 	An individual challenged in accordance with this subdivision shall comply with the 
14.13 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
14.14 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
14.15 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
14.16 	voter registration system. 

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

14.18 	Sec. 18. Minnesota Statutes 2008, section 201.13, is amended to read:
14.19 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
14.20 	RECORDS.
14.21 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
14.22 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
14.23 	shall report monthly by electronic means to the secretary of state the name, address, date 
14.24 	of birth, and county of residence of each individual 18 years of age or older who has died 
14.25 	while maintaining residence in Minnesota since the last previous report. The secretary of 
14.26 	state shall determine if any of the persons listed in the report are registered to vote and 
14.27 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
14.28 	receiving the list from the secretary of state, the county auditor shall change the status of 
14.29 	those registrants to "deceased" in the statewide voter registration system.
14.30 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
14.31 	died outside the county, the county auditor shall change the voter's status to "deceased." 
14.32 	Notice must be in the form of a printed obituary or a written statement signed by a 
14.33 	registered voter of the county.
15.1 		Subd. 3. Use of change of address system. (a) At least once each month the 
15.2 	secretary of state shall obtain a list of individuals registered to vote in this state who have 
15.3 	filed with the United States Postal Service a change of their permanent address. However, 
15.4 	the secretary of state shall not obtain this list within the 47 days before the state primary or 
15.5 	47 days before a November general election.
15.6 	(b) If the address is changed to another address in this state, the secretary of state 
15.7 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
15.8 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
15.9 	information about the changed address by electronic means to the county auditor of the 
15.10 	county in which the new address is located. If the voter has not voted or submitted a 
15.11 	voter registration application since the address change, upon receipt of the information, 
15.12 	the county auditor shall update the voter's address in the statewide voter registration 
15.13 	system and. The county auditor shall mail to the voter a notice stating the voter's name, 
15.14 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
15.15 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
15.16 	rights of individuals under guardianship, in which case the auditor must not mail the 
15.17 	notice. The notice must advise the voter that the voter's voting address has been changed 
15.18 	and that the voter must notify the county auditor within 21 days if the new address is not 
15.19 	the voter's address of residence. The notice must state that it must be returned if it is not 
15.20 	deliverable to the voter at the named address. 
15.21 	(b) (c) If the change of permanent address is to an address outside this state, the 
15.22 	secretary of state shall notify by electronic means the auditor of the county where the 
15.23 	voter formerly resided that the voter has moved to another state. If the voter has not voted 
15.24 	or submitted a voter registration application since the address change, the county auditor 
15.25 	shall promptly mail to the voter at the voter's new address a notice advising the voter that 
15.26 	the voter's status in the statewide voter registration system will be changed to "inactive" 
15.27 	unless the voter notifies the county auditor within 21 days that the voter is retaining the 
15.28 	former address as the voter's address of residence, except that if the voter's record is 
15.29 	challenged due to a felony conviction, noncitizenship, name change, incompetence, or 
15.30 	a court's revocation of voting rights of individuals under guardianship,  the auditor must 
15.31 	not mail the notice. If the notice is not received by the deadline, the county auditor shall 
15.32 	change the voter's status to "inactive" in the statewide voter registration system. 
15.33 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
15.34 	for removal of the voter's record, the county auditor shall remove the record of the voter 
15.35 	from the statewide voter registration system.

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

16.1 	Sec. 19. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
16.2 		Subd. 3.Notice. The county or legislative district chair shall give at least six days' 
16.3 	published notice of the holding of the precinct caucus, stating the place, date, and time for 
16.4 	holding the caucus, and. The state party chair shall deliver the same information to the 
16.5 	municipal clerk and county auditor secretary of state in an electronic format designated 
16.6 	by the secretary of state at least 20 30 days before the precinct caucus. The county 
16.7 	auditor secretary of state shall make this information available in electronic format via the 
16.8 	secretary of state's Web site at least ten days before the date of the caucuses to persons 
16.9 	who request it.

16.10 	Sec. 20. [202A.191] MAJOR POLITICAL PARTY CAUCUS WITHIN CITIES 
16.11 	OF THE FIRST CLASS.
16.12 		Subdivision 1.Applicability. This section applies to a major political party precinct 
16.13 	caucus held within a city of the first class in an odd-numbered year, on the date determined 
16.14 	as provided in subdivision 2.
16.15 		Subd. 2.Date of caucus. (a) The chairs of the two largest major political parties' 
16.16 	city organization within each city of the first class shall jointly submit to the governing 
16.17 	body of that city the single date on which the two parties have agreed to conduct their 
16.18 	precinct caucuses in the next odd-numbered year. The date must be submitted no later 
16.19 	than August 1 of each even-numbered year.
16.20 	(b) On August 1 of each even-numbered year, or at the next regularly scheduled 
16.21 	meeting following that date, the governing body within each city of the first class shall 
16.22 	publicly announce the official date for major political party precinct caucuses to be held in 
16.23 	the next odd-numbered year within the city.
16.24 	(c) If the chairs of the two largest major political parties within each city of the first 
16.25 	class do not jointly submit to the governing body of a city of the first class a single date for 
16.26 	conducting precinct caucuses in that city as provided in this subdivision, then for purposes 
16.27 	of the next odd-numbered year, the first Tuesday in February shall be considered the day 
16.28 	of a major political party precinct caucus within that city, and this section shall only 
16.29 	apply within that city only on that date.
16.30 	(d) For purposes of this subdivision, the two largest major political parties shall 
16.31 	be the parties whose candidates for governor received the greatest and second greatest 
16.32 	number of votes at the most recent election.
16.33 		Subd. 3.Prohibited meetings and activities. (a) The following meetings and 
16.34 	activities are prohibited after 6:00 p.m. on the night of a major party precinct caucus held 
16.35 	within a first class city:
17.1 	(1) A meeting of a school board or city council;
17.2 	(2) A meeting of the governing body of a special taxing district, as defined in section 
17.3 	275.066, if the special taxing district is wholly contained within the first-class city;
17.4 	(3) An event sponsored by a public elementary or secondary school.
17.5 	(b) This subdivision applies only to meetings and activities held within the first class 
17.6 	city where a major party caucus is held.
17.7 		Subd. 4.Absence from work. Every employee who is entitled to attend a major 
17.8 	political party precinct caucus within a city of the first class is entitled, after giving the 
17.9 	employer at least ten days' written notice, to be absent from work for the purpose of 
17.10 	attending the caucus during the time for which the caucus is scheduled without penalty or 
17.11 	deduction from salary or wages on account of the absence, other than a deduction in salary 
17.12 	for the time of absence from employment.
17.13 		Subd. 5.Public school buildings. No school official may deny the use of a public 
17.14 	school building for the holding of a major political party precinct caucus within a city of 
17.15 	the first class if the school office has received a written request for the use of the school 
17.16 	building 30 days or more prior to the date of the caucus.
17.17 		Subd. 6.Use of facilities. Every public agency, including the University of 
17.18 	Minnesota and other public colleges and universities located within a city of the first class, 
17.19 	must make their facilities available for the holding of a major party precinct caucus on the 
17.20 	date determined according to this section. A charge for the use of the facilities may be 
17.21 	imposed in an amount that does not exceed the lowest amount charged to any public or 
17.22 	private group.

17.23 	Sec. 21. Minnesota Statutes 2008, section 203B.001, is amended to read:
17.24 	203B.001 ELECTION LAW APPLICABILITY.
17.25 	The Minnesota Election Law is applicable to voting by absentee ballot and early 
17.26 	voting unless otherwise provided in this chapter.

17.27 	Sec. 22. Minnesota Statutes 2008, section 203B.01, is amended by adding a 
17.28 	subdivision to read:
17.29 		Subd. 5.Early voting. "Early voting" means voting in person before election day at 
17.30 	the office of the county auditor or any other location authorized in this chapter.

17.31 	Sec. 23. Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:
17.32 		Subd. 3.Permanent Indefinite residence abroad. A United States citizen living 
17.33 	permanently indefinitely outside the United States who is eligible under federal law to 
18.1 	vote in federal elections in Minnesota may vote by absentee ballot only as provided in 
18.2 	sections 203B.16 to 203B.27.  

18.3 	Sec. 24. Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:
18.4 		Subdivision 1.Violation. No individual shall intentionally:
18.5 	(a) make or sign any false certificate required by this chapter;
18.6 	(b) make any false or untrue statement in any application for absentee ballots;
18.7 	(c) apply for absentee ballots or cast an early ballot more than once in any election 
18.8 	with the intent to cast an illegal ballot;
18.9 	(d) exhibit a ballot marked by that individual to any other individual;
18.10 	(e) do any act in violation of the provisions of this chapter for the purpose of casting 
18.11 	an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
18.12 	(f) use information from absentee ballot or early voting materials or records for 
18.13 	purposes unrelated to elections, political activities, or law enforcement;
18.14 	(g) provide assistance to an absentee or early voter except in the manner provided by 
18.15 	section 204C.15, subdivision 1;  
18.16 	(h) solicit the vote of an absentee or early voter while in the immediate presence of 
18.17 	the voter during the time the individual knows the absentee or early voter is voting; or
18.18 	(i) alter an absentee ballot application after it has been signed by the voter, except by 
18.19 	an election official for administrative purposes.
18.20 	Before inspecting information from absentee ballot or early voting materials or 
18.21 	records, an individual shall provide identification to the public official having custody of 
18.22 	the material or information.

18.23 	Sec. 25. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
18.24 		Subdivision 1. Application procedures. Except as otherwise allowed by 
18.25 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
18.26 	for any election may be submitted at any time not less than one day before the day of 
18.27 	that election. The county auditor shall prepare absentee ballot application forms in the 
18.28 	format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
18.29 	and shall furnish them to any person on request. By January 1 of each even-numbered 
18.30 	year, the secretary of state shall make the forms to be used available to auditors through 
18.31 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
18.32 	and shall be submitted to: 
18.33 	(a)(1) the county auditor of the county where the applicant maintains residence; or 
19.1 	(b)(2) the municipal clerk of the municipality, or school district if applicable, where 
19.2 	the applicant maintains residence. 
19.3 	An application shall be approved if it is timely received, signed and dated by the 
19.4 	applicant, contains the applicant's name and residence and mailing addresses, and states 
19.5 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
19.6 	section 203B.02. The application maymust contain a request for the voter'sapplicant's 
19.7 	date of birth, whichthe applicant's Minnesota driver's license or state identification card 
19.8 	number, and the last four digits of the applicant's Social Security number, if the applicant 
19.9 	has these numbers, an oath that the information contained on the form is accurate, that the 
19.10 	applicant is applying on the applicant's own behalf, and that the applicant is signing the 
19.11 	form under penalty of perjury. An applicant's full date of birth, driver's license or state 
19.12 	identification number, and the last four digits of the applicant's Social Security number 
19.13 	must not be made available for public inspection. An application may be submitted to 
19.14 	the county auditor or municipal clerk by an electronic facsimile device. An application 
19.15 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
19.16 	by a person other than the voter must be deposited in the mail or returned in person to 
19.17 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
19.18 	and no later than six days before the election. The absentee ballot applications or a list of 
19.19 	persons applying for an absentee ballot may not be made available for public inspection 
19.20 	until the close of voting on election day. 
19.21 	An application under this subdivision may contain an application under subdivision 
19.22 	56 to automatically receive an absentee ballot application. 

19.23 	Sec. 26. Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:
19.24 		Subd. 6.Ongoing absentee status; termination. (a) An eligible voter may apply to 
19.25 	a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably 
19.26 	expects to meet the requirements of section 203B.02, subdivision 1. The voter may 
19.27 	decline to receive an absentee ballot for one or more elections if that request is received 
19.28 	by the county auditor or municipal clerk at least five days before the deadline in section 
19.29 	204B.35 for delivering ballots for the election to which it applies. Sixty days before each 
19.30 	state primary, the county auditor must send each voter with ongoing absentee ballot status 
19.31 	a nonforwardable postcard to notify the voter when the voter can expect to receive the 
19.32 	ballots. Each applicant must automatically be provided with an absentee ballot application
19.33 	for each ensuing election other than an election by mail conducted under section 204B.45, 
19.34 	or as otherwise requested by the voter, and must have the status of ongoing absentee voter 
19.35 	indicated on the voter's registration record.
20.1 	(b) Ongoing absentee voter status ends on:
20.2 	(1) the voter's written request;
20.3 	(2) the voter's death;
20.4 	(3) return of an ongoing absentee ballot as undeliverable;
20.5 	(4) a change in the voter's status so that the voter is not eligible to vote under section 
20.6 	201.15 or 201.155; or
20.7 	(5) placement of the voter's registration on inactive status under section 201.171.
20.8 	By May 1, 2010, each county auditor shall mail an explanation of the changes to the 
20.9 	ongoing absentee balloting process and an updated ongoing absentee voter application to 
20.10 	every voter with ongoing absentee ballot status in their county. A voter must return the 
20.11 	application to maintain the voter's status as an ongoing absentee voter. Upon receipt of 
20.12 	a completed application, the county auditor shall scan an image of the application and 
20.13 	update the voter's record with any new or changed information.

20.14 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
20.15 	certified that the statewide voter registration system has been tested and shown to properly 
20.16 	allow for the issuance of ballots to ongoing absentee voters.

20.17 	Sec. 27. Minnesota Statutes 2008, section 203B.05, is amended to read:
20.18 	203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER 
20.19 	EARLY AND ABSENTEE VOTING LAWS.
20.20 		Subdivision 1.Generally. The full-time clerk of any city or town shall administer 
20.21 	the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35, if: 
20.22 	(a) (1)  the county auditor of that county has designated the clerk to administer 
20.23 	them; or
20.24 	(b) (2)  the clerk has given the county auditor of that county notice of intention 
20.25 	to administer them.
20.26 	A clerk may only administer the provisions of sections 203B.04 to 203B.15 and 
20.27 	203B.30 to 203B.35, if the clerk has the technical capacity to access the absentee ballot 
20.28 	module of the statewide voter registration system in the secure manner prescribed by 
20.29 	the secretary of state. The secretary of state must identify hardware, software, security, 
20.30 	or other technical prerequisites necessary to ensure the security, access controls, and 
20.31 	performance of the statewide voter registration system. A clerk designated under this 
20.32 	subdivision must receive training approved by the secretary of state on the use of the 
20.33 	statewide voter registration system. A clerk may not use the statewide voter registration 
20.34 	system until the clerk has received the required training.
21.1 		Subd. 2. City, school district, and town elections. For city, town, and school 
21.2 	district elections not held on the same day as a statewide election, applications for 
21.3 	absentee ballots shall be filed with the city, school district, or town clerk and the duties 
21.4 	prescribed by this chapter for the county auditor shall be performed by the city, school 
21.5 	district, or town clerk unless the county auditor agrees to perform those duties on behalf 
21.6 	of the city, school district, or town clerk. The costs incurred to provide absentee ballots 
21.7 	and perform the duties prescribed by this subdivision shall be paid by the city, town, or 
21.8 	school district holding the election. 
21.9 	Notwithstanding any other law, this chapter applies to school district elections held 
21.10 	on the same day as a statewide election or an election for a county or municipality wholly 
21.11 	or partially within the school district. 

21.12 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
21.13 	certified that the statewide voter registration system has been tested, shown to properly 
21.14 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
21.15 	the expected volume of use.

21.16 	Sec. 28. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
21.17 		Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 
21.18 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
21.19 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
21.20 	are available for distribution shall mail them to the address specified in the application. 
21.21 	If an application for absentee ballots is accepted when absentee ballots are available for 
21.22 	distribution, the county auditor or municipal clerk accepting the application shall promptly: 
21.23 	(1) mail the ballots to the voter whose signature appears on the application if the 
21.24 	application is submitted by mail and does not request commercial shipping under clause 
21.25 	(2); 
21.26 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
21.27 	the voter's expense; 
21.28 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
21.29 	person; or 
21.30 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
21.31 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
21.32 	voter who would have difficulty getting to the polls because of incapacitating health 
21.33 	reasons, or who is disabled, or who is a patient in a health care facility, a resident of 
21.34 	a facility providing assisted living services governed by chapter 144G, a participant in 
22.1 	a residential program for adults licensed under section 245A.02, subdivision 14, or a 
22.2 	resident of a shelter for battered women as defined in section 611A.37, subdivision 4. 
22.3 	(b) If an application does not indicate the election for which absentee ballots are 
22.4 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the 
22.5 	next election occurring after receipt of the application. Only one set of ballots may be 
22.6 	mailed, shipped, or delivered to an applicant for any election, except as provided in section 
22.7 	203B.13 203B.12, subdivision 2 3a, or when a replacement ballot has been requested by 
22.8 	the voter for a ballot that has been spoiled or lost in transit. 

22.9 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
22.10 	certified that the statewide voter registration system has been tested, shown to properly 
22.11 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
22.12 	the expected volume of use.

22.13 	Sec. 29. Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:
22.14 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
22.15 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
22.16 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
22.17 	preserved by the county auditor or municipal clerk and arranged according to precincts 
22.18 	and the initial letter of the applicant's surname for 22 months.

22.19 	Sec. 30. [203B.065] RECORDING APPLICATIONS.
22.20 	Upon accepting an application for a state primary or state general election, the 
22.21 	county auditor or municipal clerk shall record in the statewide registration system the 
22.22 	voter's name, address of residence in Minnesota, mailing address, Minnesota driver's 
22.23 	license or state identification number, or the last four digits of the voter's Social Security 
22.24 	number, if provided by the voter, that an absentee ballot has been transmitted to the voter, 
22.25 	the method of transmission, and the date of transmission.
22.26 	Upon receipt of a returned absentee ballot for a state primary or state general 
22.27 	election, the county auditor or municipal clerk shall record in the statewide voter 
22.28 	registration system that the voter has returned the ballot.
22.29 	Upon receipt of notice that the ballot board has accepted or rejected the absentee 
22.30 	ballot for a state primary or state general election, the county auditor or municipal clerk 
22.31 	shall record in the statewide voter registration system whether the ballot was accepted or 
22.32 	rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to 
22.33 	the voter, the county auditor or municipal clerk shall record this in the statewide voter 
22.34 	registration system.

23.1 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
23.2 	certified that the statewide voter registration system has been tested, shown to properly 
23.3 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
23.4 	the expected volume of use.

23.5 	Sec. 31. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
23.6 		Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to 
23.7 	conveniently enclose and contain the ballot envelope and a folded voter registration 
23.8 	application. The return envelope shall be designed to open on the left-hand end. If the 
23.9 	voter was not previously registered, The return envelope must be designed in one of 
23.10 	the following ways: 
23.11 	(1) it must be of sufficient size to contain an additional envelope that when sealed, 
23.12 	conceals the signature, identification, and other information; or 
23.13 	(2) it must provide an additional flap that when sealed, conceals the signature, 
23.14 	identification, and other information.
23.15 	 Election officials may open the flap or the additional envelope at any time after 
23.16 	receiving the returned ballot to inspect the returned certificate for completeness or to 
23.17 	ascertain other information.

23.18 	Sec. 32. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
23.19 		Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot 
23.20 	shall be printed on the back of the return envelope. The certificate shall contain space for 
23.21 	the voter's Minnesota driver's license, state identification number, or the last four digits of 
23.22 	the voter's Social Security number or to indicate that they do not have one, and a statement 
23.23 	to be signed and sworn by the voter indicating that the voter meets all of the requirements 
23.24 	established by law for voting by absentee ballot, that the ballots were unmarked when 
23.25 	received by the voter, and that the voter personally marked the ballots without showing 
23.26 	how they were marked, or, if the voter was physically unable to mark them, that the voter 
23.27 	directed another individual to mark them. If the voter was not previously registered at that 
23.28 	address, the certificate shall also contain space for a statement signed by a person who 
23.29 	is registered to vote in Minnesota or by a notary public or other individual authorized to 
23.30 	administer oathsa United States citizen of voting age stating that:
23.31 	(1) the ballots were displayed to that individual unmarked; 
23.32 	(2) the voter marked the ballots in that individual's presence without showing how 
23.33 	they were marked, or, if the voter was physically unable to mark them, that the voter 
23.34 	directed another individual to mark them; and 
24.1 	(3) if the voter was not previously registered, the voter has provided proof of 
24.2 	residence as required by section 201.061, subdivision 3. 

24.3 	Sec. 33. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
24.4 		Subd. 2.Address on return envelopes. The county auditor or municipal clerk shall 
24.5 	address return envelopes to allow direct mailing of the absentee ballots to:
24.6 	(a) the county auditor or municipal clerk who sent the ballots to the voter;  has the 
24.7 	responsibility to accept and reject the absentee ballots.
24.8 	(b) the clerk of the town or city in which the absent voter is eligible to vote; or
24.9 	(c) the appropriate election judges.

24.10 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
24.11 	certified that the statewide voter registration system has been tested, shown to properly 
24.12 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
24.13 	the expected volume of use.

24.14 	Sec. 34. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
24.15 		Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 
24.16 	county auditor or municipal clerk, that official shall stamp or initial and date the return 
24.17 	envelope and place it in a secure location with other return envelopes received by that 
24.18 	office. Within five days after receipt, the county auditor or municipal clerk shall deliver 
24.19 	to the appropriate election judges on election day all ballots received before or with the 
24.20 	last mail delivery by the United States Postal Service on election day. A town clerk may 
24.21 	request the United States Postal Service to deliver absentee ballots to the polling place 
24.22 	on election day instead of to the official address of the town clerk ballot board all ballots 
24.23 	received, except that during the 14 days immediately preceding an election, the county 
24.24 	auditor or municipal clerk shall deliver all ballots received to the ballot board within 
24.25 	three days. 

24.26 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
24.27 	certified that the statewide voter registration system has been tested, shown to properly 
24.28 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
24.29 	the expected volume of use.

24.30 	Sec. 35. Minnesota Statutes 2008, section 203B.08, is amended by adding a 
24.31 	subdivision to read:
25.1 		Subd. 5.Absentee ballot status. The secretary of state must ensure that the 
25.2 	secretary of state's Web site is capable of providing voters with information about the 
25.3 	status of their absentee ballots. An individual requesting the status of the individual's 
25.4 	absentee ballot must provide the individual's name, address, date of birth, Minnesota 
25.5 	driver's license number, state identification number, or the last four digits of the 
25.6 	individual's Social Security number. If the information provided by the individual 
25.7 	completely matches an absentee voter record in the statewide voter registration system, 
25.8 	the Web site must provide the individual with the status of the individual's absentee ballot. 
25.9 	If the information provided by the individual does not completely match an absentee voter 
25.10 	record in the statewide voter registration system, the Web site must inform the individual 
25.11 	that a voter record with that name and date of birth at the address provided cannot be 
25.12 	confirmed and the Web site must advise the individual how to obtain further information.

25.13 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
25.14 	certified that the Web site has been tested and shown to properly retrieve information from 
25.15 	the correct voter's record, and can handle the expected volume of use.

25.16 	Sec. 36. Minnesota Statutes 2008, section 203B.081, is amended to read:
25.17 	203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 
25.18 	An eligible voter may vote by absentee ballot during the 30 days before the election
25.19 	up until the fourth day before the election in the office of the county auditor and at any 
25.20 	other polling place designated by the county auditor. On the day before the election, 
25.21 	voters who had planned on voting in person in the polling place and only learned of 
25.22 	circumstances in the last four days that will prevent them from doing so may vote by 
25.23 	absentee ballot. The county auditor shall make such designations at least 90 days before 
25.24 	the election. At least one voting booth in each polling place must be made available by the 
25.25 	county auditor for this purpose. The county auditor must also make available at least one 
25.26 	electronic ballot marker in each polling place that has implemented a voting system that is 
25.27 	accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. 

25.28 	Sec. 37. Minnesota Statutes 2008, section 203B.085, is amended to read:
25.29 	203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO 
25.30 	REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
25.31 	The county auditor's office in each county and the clerk's office in each city or 
25.32 	town authorized under section 203B.05 to administer absentee balloting must be open for 
25.33 	acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m. 
26.1 	to 3:00 p.m. on Saturday and until 5:00 p.m. on the fourth day immediately preceding a 
26.2 	primary, special, or general election unless that day falls on a Saturday or Sunday. On 
26.3 	the day before the election, the office must be open for acceptance of absentee ballot 
26.4 	applications and to allow a voter to cast an absentee ballot if the voter provides additional 
26.5 	certification stating that the voter had planned on voting in person at the polling place but 
26.6 	became aware of circumstances within the four days preceding the day before the election 
26.7 	that prevent the voter from voting in person at the polling place. Town clerks' offices must 
26.8 	be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town 
26.9 	general election held in March. The school district clerk, when performing the county 
26.10 	auditor's election duties, need not comply with this section.

26.11 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
26.12 	certified that the statewide voter registration system has been tested, shown to properly 
26.13 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
26.14 	the expected volume of use.

26.15 	Sec. 38. Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:
26.16 		Subdivision 1.Generally. Each full-time municipal clerk or school district 
26.17 	clerk who has authority under section 203B.05 to administer absentee  and early voting 
26.18 	laws shall designate election judges to deliver absentee ballots in accordance with this 
26.19 	section. The county auditor must also designate election judges to perform the duties in 
26.20 	this section. A ballot may be delivered only to an eligible voter who is a temporary or 
26.21 	permanent resident or patient in a health care facility or hospital located in the municipality 
26.22 	in which the voter maintains residence. The ballots shall be delivered by two election 
26.23 	judges, each of whom is affiliated with a different major political party. When the election 
26.24 	judges deliver or return ballots as provided in this section, they shall travel together in the 
26.25 	same vehicle. The election judges must bring a ballot box. Both election judges shall be 
26.26 	present when an applicant completes the certificate of eligibility signs the certification 
26.27 	required by section 204C.10, paragraph (b) and marks the absentee ballots, and may assist 
26.28 	an applicant as provided in section 204C.15. Voters must insert their ballots into the 
26.29 	ballot box. The election judges shall deposit the return envelopes containing the marked 
26.30 	absentee ballots remove the ballots from the ballot box, place them  in a sealed container 
26.31 	and return them to the clerk on the same day that they are delivered and marked.
26.32 	Election judges may bring an electronic ballot counter to serve as the ballot box. 
26.33 	Election judges may bring an electronic ballot marker.

27.1 	Sec. 39. Minnesota Statutes 2008, section 203B.12, is amended to read:
27.2 	203B.12 ELECTION JUDGES TO RECEIVE AND COUNT BALLOTS
27.3 	BALLOT BOARDS.
27.4 		Subdivision 1.Receipt of return envelopes Establishment. The election judges 
27.5 	in each precinct or the judges of an absentee ballot board shall take possession of all 
27.6 	return envelopes delivered to them in accordance with section 203B.08. The governing 
27.7 	body of a county, municipality, or school district authorized to accept and reject absentee 
27.8 	ballots must, by ordinance or resolution, authorize a ballot board. The board must consist 
27.9 	of a sufficient number of election judges appointed as provided in sections 204B.19 to 
27.10 	204B.22. The board may consist of staff trained as election judges, in which case, the 
27.11 	board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party 
27.12 	balance in appointment of judges and to duties to be performed by judges of different 
27.13 	major political parties.
27.14 		Subd. 1a.Compensation of members. Each jurisdiction must pay a reasonable 
27.15 	compensation to each member of the ballot board for that jurisdiction for services 
27.16 	rendered during each election.
27.17 		Subd. 1b.Applicable laws. Except as otherwise provided by this section, all of 
27.18 	the laws applicable to absentee ballots and absentee voters and all other provisions of the 
27.19 	Minnesota election law apply to a ballot board.
27.20 		Subd. 1c.Receipt of return envelopes. The members of the ballot board shall take 
27.21 	possession of all return envelopes delivered to them in accordance with section 203B.08.
27.22 		Subd. 2.Examination of return envelopes. Upon receipt from the county auditor, 
27.23 	municipal clerk, or school district clerk, two or more election judgesmembers of the ballot 
27.24 	board shall examine each return envelope and shall mark it accepted or rejected in the 
27.25 	manner provided in this subdivision. If a ballot has been prepared under section 204B.12, 
27.26 	subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes 
27.27 	from the return envelopes until 8:00 p.m. on election day, either in the polling place or at 
27.28 	an absentee ballot board established under section 203B.13.
27.29 	The election judgesmembers of the ballot board shall mark the return envelope 
27.30 	"Accepted" and initial or sign the return envelope below the word "Accepted" if the 
27.31 	election judgesmembers of the ballot board or a majority of them are satisfied that:
27.32 	(1) the voter's name and address on the return envelope are the same as the 
27.33 	information provided on the absentee ballot application;
27.34 	(2) the voter's signature on the return envelope is the genuine signature of the 
27.35 	individual who made the application for ballots and the certificate has been completed as 
27.36 	prescribed in the directions for casting an absentee ballot, except that if a person other than 
28.1 	the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is 
28.2 	not required to match voter signed the certification on the envelope;
28.3 	(3) the voter's Minnesota driver's license, state identification number, or the last four 
28.4 	digits of the voter's Social Security number are the same as the number provided on the 
28.5 	voter's application for ballots. If the number does not match the number as submitted on 
28.6 	the application or if a number was not submitted on the application, the election judges 
28.7 	must make a reasonable effort to satisfy themselves through other information provided 
28.8 	by the applicant that the ballots were returned by the same person to whom the ballots 
28.9 	were transmitted;
28.10 	(4) the voter is registered and eligible to vote in the precinct or has included a 
28.11 	properly completed voter registration application in the return envelope; and
28.12 	(4)(5) the voter has not already voted at that election, either in person or by absentee 
28.13 	ballot.
28.14 	There is no other reason for rejecting an absentee ballot. In particular, failure to 
28.15 	place the ballot within the security envelope before placing it in the outer white envelope 
28.16 	is not a reason to reject an absentee ballot.
28.17 	The return envelope from accepted ballots must be preserved and returned to the 
28.18 	county auditor.
28.19 	If all or a majority of the election judgesmembers of the ballot board examining 
28.20 	return envelopes find that an absent voter has failed to meet one of the requirements 
28.21 	prescribed in clauses (1) to (4) (5), they shall mark the return envelope "Rejected," initial 
28.22 	or sign it below the word "Rejected," and return it to the county auditor.
28.23 		Subd. 3.Notation on polling place roster. (a) If the return envelope is marked with 
28.24 	the word "Accepted," the election judges shall record the fact that the voter has voted by 
28.25 	absentee ballot on the polling place roster. This must be done by placing the letters "A.B."
28.26 	in the appropriate space on the roster or in a supplemental report provided to the precinct. 
28.27 	In state primaries and state general elections, this fact must be noted in the statewide 
28.28 	voter registration system. 
28.29 	(b) After a registration record has been marked to record that an individual has voted 
28.30 	by absentee ballot, the individual shall not be allowed to vote in person at that election.
28.31 		Subd. 3a.Rejected ballots. If an envelope has been rejected at least five days before 
28.32 	the election, the envelope must remain sealed and the official in charge of the ballot board 
28.33 	shall provide the voter with a replacement absentee ballot and return envelope in place of 
28.34 	the rejected ballot. The official in charge of the election need not write "Replacement" 
28.35 	on the replacement ballot.
29.1 	If the ballot is rejected within five days before the election, the envelope must 
29.2 	remain sealed and the official in charge of the ballot board must attempt to contact the 
29.3 	voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 
29.4 	The official must document the attempts made to contact the voter.
29.5 		Subd. 4.Placement in container; Opening and counting of ballots. The ballot 
29.6 	envelopesballots from return envelopes marked "Accepted" shall be placed by the election 
29.7 	judges in a separate absentee ballot container. The container and each ballot envelope may 
29.8 	be opened only after the last regular mail delivery by the United States postal service 
29.9 	on election day. The ballots shall then beopened, duplicated as needed in the manner 
29.10 	provided by section 206.86, subdivision 5, initialed by the election judges in the same 
29.11 	manner as ballots delivered by them to voters in personmembers of the ballot board, and 
29.12 	shall be deposited in the appropriate ballot box.
29.13 	If more than one ballot of any kind is enclosed in the ballot envelope, none of the 
29.14 	ballots of that kind shall be counted but all ballots of that kind shall be returned in the 
29.15 	manner provided by section 204C.25 for return of spoiled ballots.  
29.16 		Subd. 4a.Storage and counting of ballots. The ballot board must:
29.17 	(1) remove the ballots from the ballot box and seal and secure them at the end of 
29.18 	each day on which absentee ballots were inserted into the ballot box;
29.19 	(2) without inspecting the ballots, ensure that the number of ballots removed from 
29.20 	the ballot box is equal to the number of absentee ballots accepted that day;
29.21 	(3) before the polls open on election day, mark the rosters or provide to the precinct 
29.22 	a supplemental report of voters whose absentee ballot was accepted after the polling 
29.23 	place rosters were generated; and
29.24 	(4) verify that voters whose absentee ballots arrived after the rosters were marked 
29.25 	or the supplemental report was generated have not voted in person, before opening, 
29.26 	duplicating as needed, and inserting these ballots into the ballot box.
29.27 	After the polls have closed, the ballot board must count the ballots, tabulating the 
29.28 	vote in a manner that indicates each vote of the voter and the total votes cast for each 
29.29 	candidate or question. In state primary and state general elections, the results must 
29.30 	indicate the total votes cast for each candidate or question in each precinct and report the 
29.31 	vote totals tabulated for each precinct. The count is public. No vote totals from ballots 
29.32 	may be made public before the close of voting on election day.
29.33 	In state primary and state general elections, these vote totals must be added to the 
29.34 	vote totals on the summary statements of the returns for the appropriate precinct. In other 
29.35 	elections, these vote totals may be added to the vote totals on the summary statement of 
29.36 	returns for the appropriate precinct or may be reported as a separate total.
30.1 	If the task has not been completed previously, members of the ballot board must 
30.2 	verify within 48 hours after election day that voters whose absentee ballots arrived after 
30.3 	the rosters were marked or supplemental reports were generated and whose ballots were 
30.4 	accepted did not vote in person on election day, before the members of the ballot board 
30.5 	open the ballot envelopes, duplicate the ballots as needed, insert the ballots into the ballot 
30.6 	box, count the ballots, and add the votes from these totals to the votes from the appropriate 
30.7 	precincts.
30.8 		Subd. 6.Exception for municipalities or school districts with absentee ballot 
30.9 	boards. In municipalities or school districts with an absentee ballot board, the election 
30.10 	judges in each precinct shall receive and process return envelopes and ballot envelopes as 
30.11 	provided in this section except that the ballot envelopes from return envelopes marked 
30.12 	"Accepted" shall be delivered in an absentee ballot container to the absentee ballot board 
30.13 	for the counting of ballots as soon as possible after processing. Other law to the contrary 
30.14 	notwithstanding, the governing body of a municipality or the school board of a school 
30.15 	district with an absentee ballot precinct may authorize the judges of the absentee ballot 
30.16 	precinct to validate ballots in the manner provided in this section. The vote totals provided 
30.17 	by the absentee ballot board shall be included in the vote totals on the summary statements 
30.18 	of the returns for the precinct in which they were received.
30.19 		Subd. 7.Names of persons submitting absentee ballots. The names of voters who 
30.20 	have submitted an absentee ballot return envelope to the county auditor or municipal 
30.21 	clerk that has not been accepted by a ballot board may not be made available for public 
30.22 	inspection until the close of voting on election day.

30.23 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
30.24 	certified that the statewide voter registration system has been tested, shown to properly 
30.25 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
30.26 	the expected volume of use.

30.27 	Sec. 40. Minnesota Statutes 2008, section 203B.125, is amended to read:
30.28 	203B.125 SECRETARY OF STATE TO MAKE RULES.
30.29 	The secretary of state shall adopt rules establishing methods and procedures for 
30.30 	issuing ballot cards ballots and related absentee forms to be used as provided in section 
30.31 	203B.08, subdivision 1a, and for the reconciliation of voters and ballot cards ballots
30.32 	before tabulation under section 203B.12.  

30.33 	Sec. 41. Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:
31.1 		Subd. 2.Permanent Indefinite  residence outside United States. Sections 203B.16
31.2 	to 203B.27 provide the exclusive voting procedure for a person who is a United States 
31.3 	citizens who are citizen  living permanently indefinitely outside the territorial limits of the 
31.4 	United States who meet meets  all the qualifications of an eligible voter except residence in 
31.5 	Minnesota, but who are is  authorized by federal law to vote in Minnesota because they
31.6 	the person  maintained residence in Minnesota for at least 20 days immediately prior to 
31.7 	their departure from the United States. Individuals described in this subdivision shall be 
31.8 	permitted to vote only for the offices of president, vice-president, senator in Congress, 
31.9 	and representative in Congress.

31.10 	Sec. 42. Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:
31.11 		Subdivision 1.Submission of application. (a) An application for absentee ballots 
31.12 	for a voter described in section 203B.16 may be submitted in writing or by electronic 
31.13 	facsimile device, or by electronic mail upon determination by the secretary of state that 
31.14 	security concerns have been adequately addressed as an attachment. An application for 
31.15 	absentee ballots for a voter described in section 203B.16 may be submitted by that voter 
31.16 	or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For 
31.17 	purposes of an application under this subdivision, a person's Social Security number, no 
31.18 	matter how it is designated, qualifies as the person's military identification number if the 
31.19 	person is in the military.
31.20 	(b) An application for a voter described in section 203B.16, subdivision 1, shall be 
31.21 	submitted to the county auditor of the county where the voter maintains residence. 
31.22 	(c) An application for a voter described in section 203B.16, subdivision 2, shall be 
31.23 	submitted to the county auditor of the county where the voter last maintained residence 
31.24 	in Minnesota. 
31.25 	(d) An application for absentee ballots shall be valid for any primary, special 
31.26 	primary, general election, or special election from the time the application is received 
31.27 	through the next two regularly scheduled general elections for federal office held after the 
31.28 	date on which the application is received.
31.29 	(e) There shall be no limitation of time for filing and receiving applications for 
31.30 	ballots under sections 203B.16 to 203B.27. 

31.31 	Sec. 43. Minnesota Statutes 2008, section 203B.19, is amended to read:
31.32 	203B.19 RECORDING APPLICATIONS. 
31.33 	Upon accepting an application, the county auditor shall record in the statewide 
31.34 	registration system the voter's name, address of present or former residence in Minnesota, 
32.1 	mailing address, school district number, passport number, Minnesota driver's license 
32.2 	number or state identification card number, or the last four digits of the voter's Social 
32.3 	Security number, and whether the voter is in the military or the spouse or dependent of an 
32.4 	individual serving in the military, is a voter temporarily outside the territorial limits of the 
32.5 	United States, or is living permanently outside the territorial limits of the United States 
32.6 	and voting under federal law. The county auditor shall retain the record for six years. A 
32.7 	voter whose name is recorded as provided in this section shall not be required to register 
32.8 	under any other provision of law in order to vote under sections 203B.16 to 203B.27. 
32.9 	Persons from whom applications are not accepted must be notified by the county auditor 
32.10 	and provided with the reasons for the rejection. 
32.11 	No later than 60 days after the general election, the county auditor shall report to the 
32.12 	secretary of state the combined number of absentee ballots transmitted to absent voters 
32.13 	described in section 203B.16. No later than 60 days after the general election, the county 
32.14 	auditor shall report to the secretary of state and the combined number of absentee ballots 
32.15 	returned and cast by absent voters described in section 203B.16. The secretary of state 
32.16 	may require the information be reported by category under section 203B.16 or by precinct. 
32.17 	No later than 90 days after the general election, the secretary of state shall report to 
32.18 	the federal Election Assistance Commission the number of absentee ballots transmitted 
32.19 	to voters under section 203B.16. 

32.20 	Sec. 44. Minnesota Statutes 2008, section 203B.21, subdivision 2, is amended to read:
32.21 		Subd. 2. Mailing of ballots; return. Except as provided by section 203B.225, 
32.22 	ballots and instructions for marking them, ballot envelopes, and return envelopes shall 
32.23 	be sent by first class mail to addresses within the continental United States and by air 
32.24 	mail to addresses outside the continental United States. The ballot envelope and return 
32.25 	envelope shall be marked "Official Ballot," and shall contain sufficient postage to assure 
32.26 	proper return delivery. The return envelope shall be addressed to comply with any method 
32.27 	for return of absentee ballots as authorized under section 203B.08, subdivision 2. The 
32.28 	requirements of this subdivision do not apply to ballots and related materials provided 
32.29 	under section 203B.225.

32.30 	Sec. 45. Minnesota Statutes 2008, section 203B.22, is amended to read:
32.31 	203B.22 MAILING TRANSMITTING BALLOTS. 
32.32 	The county auditor shall mail transmit the appropriate ballots, as promptly as 
32.33 	possible, to an absent voter whose application has been recorded under section 203B.19. 
32.34 	If the county auditor determines that a voter is not eligible to vote at the primary but 
33.1 	will be eligible to vote at the general election, only general election ballots shall be 
33.2 	mailed transmitted. Only one set of ballots shall be mailed transmitted to any applicant 
33.3 	for any election, except that the county auditor may mail transmit a replacement ballot 
33.4 	to a voter whose ballot has been spoiled or lost in transit or whose mailing address has 
33.5 	changed after the date on which the original application was submitted as confirmed by 
33.6 	the county auditor. Ballots to be sent outside the United States shall be given priority in 
33.7 	mailing transmission. A county auditor may make use of any special service provided 
33.8 	by the United States government for the mailing transmission of voting materials under 
33.9 	sections 203B.16 to 203B.27. 

33.10 	Sec. 46. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:
33.11 		Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter 
33.12 	described in section 203B.16 may include in an application for absentee ballots a request 
33.13 	that the ballots, instructions, and a certificate of voter eligibility meeting the requirements 
33.14 	of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt 
33.15 	of a properly completed application requesting electronic transmission, the county auditor 
33.16 	shall electronically transmit the requested materials to the voter. The county auditor is not 
33.17 	required to provide return postage to voters to whom ballots are transmitted electronically.

33.18 	Sec. 47. Minnesota Statutes 2008, section 203B.227, is amended to read:
33.19 	203B.227 WRITE-IN ABSENTEE BALLOT. 
33.20 	A voter described in section 203B.16, subdivision 1, may use a state write-in 
33.21 	absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local 
33.22 	election. In a state or local election, a vote for a political party without specifying the 
33.23 	name of a candidate must not be counted. 

33.24 	Sec. 48. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
33.25 		Subd. 2. Duties. The absentee ballot board must examine all returned absentee 
33.26 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
33.27 	the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 
33.28 	eligibility is not printed on the return or administrative envelope, the certificate must 
33.29 	be attached to the ballot secrecy envelope. 
33.30 	The absentee ballot board must immediately examine the return envelopes and mark 
33.31 	them "accepted" or "rejected" during the 30 days before the election. If an envelope has 
33.32 	been rejected at least five days before the election, the ballots in the envelope must be 
33.33 	considered spoiled ballots and the official in charge of the absentee ballot board must 
34.1 	provide the voter with a replacement absentee ballot and return envelope in place of 
34.2 	the spoiled ballot. 
34.3 	Except for federal write-in absentee ballots, the ballots from return envelopes 
34.4 	marked "Accepted" must be opened, duplicated as needed in the manner provided by 
34.5 	section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited 
34.6 	in the appropriate ballot box.
34.7 	Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as 
34.8 	needed in the manner provided by section 206.86, subdivision 5, initialed by the members 
34.9 	of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the 
34.10 	fourth day before the election, unless the voter has submitted another absentee ballot with 
34.11 	a later postmark that has been accepted by the board.
34.12 	In all other respects, the provisions of the Minnesota Election Law governing 
34.13 	deposit and counting of ballots apply.
34.14 	No vote totals from absentee ballots may be made public before the close of voting 
34.15 	on election day.

34.16 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
34.17 	certified that the statewide voter registration system has been tested, shown to properly 
34.18 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
34.19 	the expected volume of use.

34.20 	Sec. 49. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
34.21 		Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon 
34.22 	receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 
34.23 	election judgesmembers of the ballot board shall compare the voter's name with the 
34.24 	names recorded under section 203B.19 in the statewide registration system to insure that 
34.25 	the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to 
34.26 	203B.27. The election judgesmembers of the ballot board shall mark the return envelope 
34.27 	"Accepted" and initial or sign the return envelope below the word "Accepted" if the 
34.28 	election judgesmembers of the ballot board are satisfied that: 
34.29 	(1) the voter's name on the return envelope appears in substantially the same form as 
34.30 	on the application records provided to the election judges by the county auditor; 
34.31 	(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 
34.32 	the Help America Vote Act, Public Law 107-252; 
34.33 	(3) the voter has set forth the same voter's passport number, or Minnesota driver's 
34.34 	license or state identification card number, or the last four digits of the voter's Social 
35.1 	Security number as submitted on the application, if the voter has one of these documents; 
35.2 	and
35.3 	(4) the voter is not known to have died; and
35.4 	(5) the voter has not already voted at that election, either in person or by absentee 
35.5 	ballot. 
35.6 	If the identification number described in clause (3) does not match the number 
35.7 	as submitted on the application, the election judgesmembers of the ballot board must 
35.8 	make a reasonable effort to satisfy themselves through other information provided by the 
35.9 	applicant, or by an individual authorized to apply on behalf of the voter, that the ballots 
35.10 	were returned by the same person to whom the ballots were transmitted. 
35.11 	An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be 
35.12 	rejected for the lack of one of clauses (1) to (4) (5). In particular, failure to place the 
35.13 	ballot within the security envelope before placing it in the outer white envelope is not a 
35.14 	reason to reject an absentee ballot. 
35.15 	Election judgesMembers of the ballot board must note the reason for rejection on 
35.16 	the back of the envelope in the space provided for that purpose. 
35.17 	Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 
35.18 	shall not be counted if the certificate on the return envelope is not properly executed. In 
35.19 	all other respects the provisions of the Minnesota Election Law governing deposit and 
35.20 	counting of ballots shall apply. Notwithstanding other provisions of this section, the 
35.21 	counting of the absentee ballot of a deceased voter does not invalidate the election.

35.22 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
35.23 	certified that the statewide voter registration system has been tested, shown to properly 
35.24 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
35.25 	the expected volume of use.

35.26 	Sec. 50. Minnesota Statutes 2008, section 203B.26, is amended to read:
35.27 	203B.26 SEPARATE RECORD. 
35.28 	A separate record of the ballots of absent voters cast under sections 203B.16 to 
35.29 	203B.27 must be generated from the statewide registration system for each precinct 
35.30 	and provided to the election judges in the polling place on election day, along with the 
35.31 	returned envelopes marked "accepted" by the absentee ballot board. The content of the 
35.32 	record must be in a form prescribed by the secretary of state. The election judges in the 
35.33 	polling place must note on the record any envelopes that had been marked "accepted" by 
35.34 	the absentee ballot board but were not counted. The election judges must preserve the 
36.1 	record and return it to the county auditor or municipal clerk with the election dayretained 
36.2 	with the other election materials. 

36.3 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
36.4 	certified that the statewide voter registration system has been tested, shown to properly 
36.5 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
36.6 	the expected volume of use.

36.7 	Sec. 51. [203B.30] EARLY VOTING.
36.8 	(a) Except as provided in paragraph (b), any eligible voter may vote in person before 
36.9 	election day in the manner provided in sections 203B.31 to 203B.35.
36.10 	(b) Until January 1, 2014, this section does not apply to a town or school district 
36.11 	election that is not held in conjunction with a statewide primary or statewide election.

36.12 	Sec. 52. [203B.31] TIME PERIOD FOR EARLY VOTING.
36.13 	Early voting must be available to any eligible voter as provided in section 203B.32 
36.14 	for every primary, general, and special election from 18 days before the election through 
36.15 	the fourth day before the election.

36.16 	Sec. 53. [203B.32] HOURS FOR EARLY VOTING.
36.17 	Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on 
36.18 	each weekday during the time period provided in section 203B.31; from 8:00 a.m. to 8:00 
36.19 	p.m. on at least one of those days; and from 8:00 a.m. to noon on at least one Saturday. 

36.20 	Sec. 54. [203B.33] LOCATIONS FOR EARLY VOTING.
36.21 	(a) Early voting must be made available at a polling place designated in the county 
36.22 	auditor's office, at the municipal clerk's office in every municipality that has been 
36.23 	delegated the responsibility to administer absentee voting as provided in section 203B.05, 
36.24 	and at any other location designated by the county auditor or municipal clerk at least 90 
36.25 	days before the election. At least one voting station and one ballot marking device for 
36.26 	disabled voters must be made available in each polling place.
36.27 	(b) The county auditor must make at least one ballot box available in each polling 
36.28 	place. As soon as practicable following the public accuracy test, the county auditor must 
36.29 	make an electronic ballot counter available.

36.30 	Sec. 55. [203B.34] NOTICE TO VOTERS.
37.1 	The county auditor must prepare a notice to the voters of the days, times, and 
37.2 	locations for early voting. This notice must be posted on the county's Web site and the 
37.3 	Web site for each municipality in the county where an early voting location is designated 
37.4 	for the election at least 14 days before the first day for early voting.

37.5 	Sec. 56. [203B.35] PROCEDURES FOR EARLY VOTING.
37.6 		Subdivision 1.Voting procedure. Each voter shall sign an early voting roster that 
37.7 	must include the certification provided in section 204C.10. An individual who is not 
37.8 	registered to vote must register in the manner provided in section 201.061, subdivision 3. 
37.9 	After the voter has signed a roster, two staff of the county auditor or municipal clerk or 
37.10 	two election judges must initial the appropriate ballot for the voter's precinct and provide 
37.11 	it to the voter. The voter must mark the ballot and deposit it in either a precinct voting 
37.12 	system or a sealed ballot box. A voter may not leave the polling place with the ballot.
37.13 		Subd. 2.Record of voting. (a) The county auditor or municipal clerk must 
37.14 	immediately record that a voter has voted early on the voter's record in the statewide voter 
37.15 	registration system. After a voter's record has been marked to record that an individual 
37.16 	has voted early, the individual must not be allowed to vote again at that election. Voters 
37.17 	who are not preregistered at the voter's current address must be considered election day 
37.18 	registrants. 
37.19 	(b) The early voting rosters must be marked no later than the start of voting on 
37.20 	election day to indicate the voters who have cast a ballot at an early voting location. 
37.21 	The rosters may be marked either:
37.22 	(1) by the municipal clerk before election day;
37.23 	(2) by the absentee ballot board before election day; or
37.24 	(3) by the election judges at the polling place on election day.
37.25 	(c) A voter who has cast a ballot in person by early voting and deposited it in a ballot 
37.26 	box or ballot counter must not be permitted to vote at the polling place on election day. 
37.27 	An absentee ballot received from a voter who has cast a ballot in person by early voting 
37.28 	must be rejected by the election judges.
37.29 		Subd. 3.Storage and counting of ballots. Two staff of the county auditor or 
37.30 	municipal clerk or two election judges of different major political parties must:
37.31 	(1) remove the ballots from the ballot box and seal and secure them at the end of 
37.32 	each day on which early ballots were inserted into the ballot box; and
37.33 	(2) without inspecting the ballots, ensure that the number of ballots removed from 
37.34 	the ballot box is equal to the number of voters who voted early.
38.1 	After the polls have closed on election day, two staff of the county auditor or two 
38.2 	election judges of different major political parties must count the early ballots, tabulating 
38.3 	the vote in a manner that indicates each vote of the voter and the total votes cast for 
38.4 	each candidate or question. In state primary and state general elections, the results must 
38.5 	indicate the total votes cast for each candidate or question in each precinct and report the 
38.6 	vote totals tabulated for each precinct. The count is public. No vote totals from early 
38.7 	ballots may be made public before the close of voting on election day.

38.8 	Sec. 57. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
38.9 		Subd. 2.Candidates seeking nomination by primary. No individual who 
38.10 	seeks nomination for any partisan or nonpartisan office at a primary shall be nominated 
38.11 	for the same office by nominating petition, except as otherwise provided for partisan 
38.12 	offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13, 
38.13 	subdivision 4.  

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

38.15 	Sec. 58. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
38.16 		Subd. 3.Nomination for nonpartisan office. No individual shall be nominated 
38.17 	by nominating petition for any nonpartisan office except in the event of a vacancy in 
38.18 	nomination as provided in section 204B.13.  

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

38.20 	Sec. 59. Minnesota Statutes 2008, section 204B.06, is amended by adding a 
38.21 	subdivision to read:
38.22 		Subd. 1b.Address and telephone number.  (a) Except as provided in paragraph 
38.23 	(d), an affidavit of candidacy must state the candidate's residence address and a telephone 
38.24 	number where the candidate can be contacted. The form for the affidavit of candidacy and 
38.25 	for the separate affidavit required under paragraph (c) must allow the candidate to specify 
38.26 	that the candidate's address must be classified as private data. 
38.27 	(b) For an office whose residency requirement must be satisfied by the close of the 
38.28 	filing period, a registered voter in this state may request in writing that the filing officer 
38.29 	receiving the affidavit of candidacy review the address as provided in this paragraph, at 
38.30 	any time up to one day after the last day for filing for office. If requested, the filing officer 
38.31 	must determine whether the address provided in the affidavit of candidacy is within the 
38.32 	area represented by the office the candidate is seeking. If the filing officer determines 
39.1 	that the address is not within the area represented by the office, the filing officer must 
39.2 	immediately notify the candidate and the candidate's name must be removed from the 
39.3 	ballot for that office. A determination made by a filing officer under this paragraph is 
39.4 	subject to judicial review under section 204B.44.
39.5 	(c) For an office whose residency requirement may be satisfied as of a date after 
39.6 	filings close, a candidate who does not reside in the district at the time of filing must 
39.7 	submit a separate affidavit stating the candidate's residence address and a telephone 
39.8 	number where the candidate can be contacted. The affidavit must be submitted to the filing 
39.9 	officer by the deadline for meeting the residency requirement.
39.10 	(d) If the candidate specifies under paragraph (a) of this subdivision that the 
39.11 	candidate's residence address is to be classified as private data, the candidate shall instead 
39.12 	list the residence address on a separate sheet to be attached to the affidavit of candidacy 
39.13 	and that may be reviewed by the filing officer as provided in this subdivision, but the 
39.14 	residence address is otherwise classified as private data.
39.15 	(e) The requirements of this subdivision do not apply to affidavits of candidacy for a 
39.16 	candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

39.17 	Sec. 60. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
39.18 		Subdivision 1.Form of petition. A nominating petition may consist of one or more 
39.19 	separate pages each of which shall state:
39.20 	(a) the office sought;
39.21 	(b) the candidate's name and residence address, including street and number if 
39.22 	any; and
39.23 	(c) the candidate's political party or political principle expressed in not more than 
39.24 	three words. No candidate who files for a partisan office by nominating petition shall use 
39.25 	the term "nonpartisan" as a statement of political principle or the name of the candidate's 
39.26 	political party. No part of the name of a major political party may be used to designate the 
39.27 	political party or principle of a candidate who files for a partisan office by nominating 
39.28 	petition, except that the word "independent" may be used to designate the party or 
39.29 	principle. A candidate who files by nominating petition to fill a vacancy in nomination for 
39.30 	a nonpartisan office pursuant to section 204B.13, shall not state any political principle or 
39.31 	the name of any political party on the petition.

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

39.33 	Sec. 61. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
40.1 		Subdivision 1. Candidates in state and county general elections. (a) Except as 
40.2 	otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 
40.3 	for county, state, and federal offices filled at the state general election shall be filed not 
40.4 	more than 70 84  days nor less than 56 70  days before the state primary. The affidavit may 
40.5 	be prepared and signed at any time between 60 days before the filing period opens and 
40.6 	the last day of the filing period. 
40.7 	(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 
40.8 	signed in the presence of a notarial officer or an individual authorized to administer oaths 
40.9 	under section 358.10. 
40.10 	(c) This provision does not apply to candidates for presidential elector nominated by 
40.11 	major political parties. Major party candidates for presidential elector are certified under 
40.12 	section 208.03. Other candidates for presidential electors may file petitions on or before 
40.13 	the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies 
40.14 	in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall 
40.15 	be accepted later than 5:00 p.m. on the last day for filing. 
40.16 	(d) Affidavits and petitions for county offices must be filed with the county auditor 
40.17 	of that county. Affidavits and petitions for federal offices must be filed with the secretary 
40.18 	of state. Affidavits and petitions for state offices must be filed with the secretary of state or 
40.19 	with the county auditor of the county in which the candidate resides. 
40.20 	(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted 
40.21 	by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and 
40.22 	must be received by 5:00 p.m. on the last day for filing. 

40.23 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
40.24 	thereafter.

40.25 	Sec. 62. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
40.26 		Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 
40.27 	who wants write-in votes for the candidate to be counted must file a written request with 
40.28 	the filing office for the office sought no later than the seventh day before the general 
40.29 	election. The filing officer shall provide copies of the form to make the request. 
40.30 	(b) A candidate for president of the United States who files a request under this 
40.31 	subdivision must include the name of a candidate for vice-president of the United States. 
40.32 	The request must also include the name of at least one candidate for presidential elector. 
40.33 	The total number of names of candidates for presidential elector on the request may not 
40.34 	exceed the total number of electoral votes to be cast by Minnesota in the presidential 
40.35 	election. 
41.1 	(c) A candidate for governor who files a request under this subdivision must include 
41.2 	the name of a candidate for lieutenant governor. 
41.3 	(d) A candidate who files a request under this subdivision must also pay the filing 
41.4 	fee for that office or submit a petition in place of a filing fee, as provided in section 
41.5 	204B.11. The fee for a candidate for president of the United States is equal to that of 
41.6 	the office of senator in Congress.

41.7 	Sec. 63. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
41.8 		Subd. 2.Petition in place of filing fee. At the time of filing an affidavit of 
41.9 	candidacy, a candidate may present a petition in place of the filing fee. The petition may 
41.10 	be signed by any individual eligible to vote for the candidate. A nominating petition filed 
41.11 	pursuant to section 204B.07or 204B.13, subdivision 4, is effective as a petition in place of 
41.12 	a filing fee if the nominating petition includes a prominent statement informing the signers 
41.13 	of the petition that it will be used for that purpose.  
41.14 	The number of signatures on a petition in place of a filing fee shall be as follows:
41.15 	(a) for a state office voted on statewide, or for president of the United States, or 
41.16 	United States senator, 2,000;
41.17 	(b) for a congressional office, 1,000;
41.18 	(c) for a county or legislative office, or for the office of district judge, 500; and
41.19 	(d) for any other office which requires a filing fee as prescribed by law, municipal 
41.20 	charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 
41.21 	votes cast in the municipality, ward, or other election district at the preceding general 
41.22 	election at which that office was on the ballot.
41.23 	An official with whom petitions are filed shall make sample forms for petitions in 
41.24 	place of filing fees available upon request.

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

41.26 	Sec. 64. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
41.27 		Subdivision 1.Death or withdrawal. A vacancy in nomination may be filled in the 
41.28 	manner provided by this section. A vacancy in nomination exists when:
41.29 	(a)(1) a major political party candidate or nonpartisan candidate who was nominated 
41.30 	at a primary dies or files an affidavit of withdrawal as provided in section 204B.12, 
41.31 	subdivision 2abefore election day; or 
41.32 	(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies 
41.33 	or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1.(2) a 
41.34 	major political party candidate who was nominated at a primary or the candidate's legal 
42.1 	guardian files an affidavit of vacancy at least one day before the general election with the 
42.2 	same official who received the affidavit of candidacy that states that:
42.3 	(i) the candidate has a catastrophic illness that was diagnosed after the deadline 
42.4 	for withdrawal; and
42.5 	(ii) the candidate's illness will permanently and continuously incapacitate the 
42.6 	candidate and prevent the candidate from performing the duties of the office sought.
42.7 	The affidavit must be accompanied by a certificate verifying that the candidate's 
42.8 	illness meets the requirements of this clause, signed by at least two licensed physicians.

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

42.10 	Sec. 65. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
42.11 		Subd. 2.Partisan office; nomination by party. (a) A vacancy in nomination for 
42.12 	partisan office shall be filled as provided in this subdivision effectively remove that office 
42.13 	from the ballot. Votes cast at the general election for that office are invalid and the office 
42.14 	must be filled in a special election held in accordance with section 204D.17, except as 
42.15 	provided by this section. 
42.16 	Except for the vacancy in nomination, all other candidates whose names would have 
42.17 	appeared on the general election ballot for this race must appear on the special election 
42.18 	ballot for this race. There must not be a primary to fill the vacancy in nomination.
42.19 	A major political party has the authority to fill a vacancy in nomination of that 
42.20 	party's candidate by filing a nomination certificate with the same official who received 
42.21 	the affidavits of candidacy for that office.
42.22 	(b) A major political party may provide in its governing rules a procedure, including 
42.23 	designation of an appropriate committee, to fill vacancies in nomination for all federal 
42.24 	and state offices elected statewide. The nomination certificate shall be prepared under the 
42.25 	direction of and executed by the chair and secretary of the political party and filed within 
42.26 	seven14  days after the vacancy in nomination occurs or before the 14th day before the 
42.27 	general election, whichever is sooner. If the vacancy in nomination occurs through the 
42.28 	candidate's death or catastrophic illness, the nomination certificate must be filed within 
42.29 	seven days after the vacancy in nomination occurs but no later than four days before 
42.30 	the general electionbut no later than seven days after the general election. The chair 
42.31 	and secretary when filing the certificate shall attach an affidavit stating that the newly 
42.32 	nominated candidate has been selected under the rules of the party and that the individuals 
42.33 	signing the certificate and making the affidavit are the chair and secretary of the party.

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

43.1 	Sec. 66. Minnesota Statutes 2008, section 204B.13, is amended by adding a 
43.2 	subdivision to read:
43.3 		Subd. 7.Date of special election. The special election must be held on the second 
43.4 	Tuesday in December.

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

43.6 	Sec. 67. Minnesota Statutes 2008, section 204B.13, is amended by adding a 
43.7 	subdivision to read:
43.8 		Subd. 8.Absentee voters. The county auditor shall transmit an absentee ballot for 
43.9 	the special election under this section to each applicant for an absentee ballot whose 
43.10 	application for an absentee ballot for the preceding general election was recorded under 
43.11 	section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general 
43.12 	election, the county auditor shall transmit the ballot no earlier than the general election 
43.13 	and no later than five days after the general election. If the vacancy is filled after the 
43.14 	general election, the county auditor must transmit the ballot no later than five days after 
43.15 	the vacancy is filled.

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

43.17 	Sec. 68. Minnesota Statutes 2008, section 204B.13, is amended by adding a 
43.18 	subdivision to read:
43.19 		Subd. 9.Appropriation. The secretary of state shall reimburse the counties and 
43.20 	municipalities for expenses incurred in the administration of a special election held under 
43.21 	section 204B.13, subdivision 2. The following expenses are eligible for reimbursement: 
43.22 	preparation and printing of ballots; postage for absentee ballots; publication of the 
43.23 	sample ballot; preparation of polling places; preparation of electronic voting equipment; 
43.24 	compensation for temporary staff or overtime payments; salaries of election judges; and 
43.25 	compensation of county canvassing board members.
43.26 	Within 60 days after the special election, the county auditor and municipal clerk 
43.27 	shall submit to the secretary of state a request for payment accompanied by an itemized 
43.28 	description of actual costs incurred for the special election. The secretary of state must not 
43.29 	reimburse expenses unless the request for reimbursement has been submitted as required 
43.30 	by this subdivision. The secretary of state shall complete the issuance of reimbursements 
43.31 	to the counties and municipalities no later than 90 days after the special election.
43.32 	When a special election is held under section 204B.13, subdivision 2, the secretary 
43.33 	of state shall reimburse local election officials for costs incurred as provided in this 
44.1 	subdivision. The amount necessary to make the payments under this subdivision is 
44.2 	appropriated to the secretary of state from the general fund. No payment shall be made 
44.3 	under this section until the secretary of state has given the commissioner of finance an 
44.4 	estimate of the cost of the special election, the commissioner of finance has reported the 
44.5 	estimate to the chairs and ranking minority members of the Committee on Finance of the 
44.6 	senate and the Committee on Ways and Means of the house of representatives, and the 
44.7 	commissioner of finance has approved the payment. After all reimbursements have been 
44.8 	paid, the commissioner of finance shall report the actual cost to the chairs and ranking 
44.9 	minority members of the Committee on Finance of the senate and the Committee on Ways 
44.10 	and Means of the house of representatives.

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

44.12 	Sec. 69. Minnesota Statutes 2008, section 204B.135, subdivision 1, is amended to read:
44.13 		Subdivision 1.Cities with wards. Except as provided in this subdivision, a city that 
44.14 	elects its council members by wards may not redistrict those wards before the legislature 
44.15 	has been redistricted in a year ending in one or two. The wards must be redistricted within 
44.16 	60 days after the legislature has been redistricted or at least 19 weeks before the state 
44.17 	primary election in the year ending in two, whichever is first.
44.18 	In a city electing council members by wards in a year ending in one, if the legislature 
44.19 	has not been redistricted by June 1 of that year, the ward boundaries must be reestablished 
44.20 	no later than 14 days before the first day to file affidavits of candidacy for city council 
44.21 	members. The ward boundaries may be modified after the legislature has been redistricted 
44.22 	for the purpose of establishing precinct boundaries as provided in section 204B.14, 
44.23 	subdivision 3, but no modification in ward boundaries may result in a change of the 
44.24 	population of any ward of more than five percent, plus or minus.

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

44.26 	Sec. 70. Minnesota Statutes 2008, section 204B.135, subdivision 3, is amended to read:
44.27 		Subd. 3.Voters rights. (a) An eligible voter may apply to the district court for 
44.28 	either a writ of mandamus requiring the redistricting of wards or local government election 
44.29 	districts or to revise any plan adopted by the governing body responsible for redistricting 
44.30 	of wards or local government election districts.
44.31 	(b) If a city adopts a ward redistricting plan at least 19 weeks before the primary in a 
44.32 	year ending in two, an application for revision of the plan that seeks to affect elections 
44.33 	held in the year ending in two must be filed with the district court within three weeks 
45.1 	but no later than 18 weeks before the state primary election in the year ending in two, 
45.2 	notwithstanding any charter provision. If a city adopts a ward redistricting plan less than 
45.3 	19 weeks before either the municipal primary in a year ending in one or before the state 
45.4 	primary in a year ending in two, an application for revision of the plan that seeks to affect 
45.5 	elections held in the that year ending in two must be filed with the district court no later 
45.6 	than one week after the plan has been adopted, notwithstanding any charter provision.
45.7 	(c) If a plan for redistricting of a local government election district is adopted at least 
45.8 	15 weeks before the state primary election in a year ending in two, an application for 
45.9 	revision of the plan that seeks to affect elections held in the year ending in two must be 
45.10 	filed with the district court within three weeks but no later than 14 weeks before the state 
45.11 	primary election in the year ending in two. If a plan for redistricting of a local government 
45.12 	election district is adopted less than 15 weeks before the state primary election in a year 
45.13 	ending in two, an application for revision of the plan that seeks to affect elections held 
45.14 	in the year ending in two must be filed with the district court no later than one week 
45.15 	after the plan has been adopted.

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

45.17 	Sec. 71. Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:
45.18 		Subd. 4.Special elections; limitations. No municipality or school district may 
45.19 	conduct a special election during the 19 weeks before the state primary election in the year 
45.20 	ending in two, except for special elections conducted on the date of the school district 
45.21 	general election. A school district special election required by any other law may be 
45.22 	deferred until the date of the next school district general election, the state primary 
45.23 	election, or the state general election.

45.24 	Sec. 72. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
45.25 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
45.26 	constitute at least one election precinct:
45.27 	(1) each city ward; and
45.28 	(2) each town and each statutory city.
45.29 	(b) A single, accessible, combined polling place may be established no later than 
45.30 	June 1 of any an odd-numbered year and no later than 14 weeks before the state primary in 
45.31 	an even-numbered year:
45.32 	(1) for any city of the third or fourth class, any town, or any city having territory in 
45.33 	more than one county, in which all the voters of the city or town shall cast their ballots;
46.1 	(2) for two contiguous precincts in the same municipality that have a combined 
46.2 	total of fewer than 500 registered voters;
46.3 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
46.4 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
46.5 	(4) for noncontiguous precincts located in one or more counties.
46.6 	A copy of the ordinance or resolution establishing a combined polling place must 
46.7 	be filed with the county auditor within 30 days after approval by the governing body. A 
46.8 	polling place combined under clause (3) must be approved by the governing body of each 
46.9 	participating municipality. A polling place combined under clause (4) must be approved 
46.10 	by the governing body of each participating municipality and the secretary of state and 
46.11 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
46.12 	from participation in a combined polling place must do so by filing a resolution of 
46.13 	withdrawal with the county auditor no later than May 1 of any an odd-numbered year and 
46.14 	no later than 18 weeks before the state primary in an even-numbered year.
46.15 	The secretary of state shall provide a separate polling place roster for each precinct 
46.16 	served by the combined polling place. A single set of election judges may be appointed 
46.17 	to serve at a combined polling place. The number of election judges required must be 
46.18 	based on the total number of persons voting at the last similar election in all precincts to 
46.19 	be voting at the combined polling place. Separate ballot boxes must be provided for the 
46.20 	ballots from each precinct. The results of the election must be reported separately for each 
46.21 	precinct served by the combined polling place, except in a polling place established under 
46.22 	clause (2) where one of the precincts has fewer than ten registered voters, in which case the 
46.23 	results of that precinct must be reported in the manner specified by the secretary of state.

46.24 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
46.25 	thereafter.

46.26 	Sec. 73. Minnesota Statutes 2008, section 204B.14, subdivision 3, is amended to read:
46.27 		Subd. 3.Boundary changes; prohibitions; exception. Notwithstanding other 
46.28 	law or charter provisions to the contrary, during the period from January 1 in any year 
46.29 	ending in zero to the time when the legislature has been redistricted in a year ending in 
46.30 	one or two, no changes may be made in the boundaries of any election precinct except 
46.31 	as provided in this subdivision.
46.32 	(a) If a city annexes an unincorporated area located in the same county as the city 
46.33 	and adjacent to the corporate boundary, the annexed area may be included in an election 
46.34 	precinct immediately adjacent to it.
47.1 	(b) A municipality or county may establish new election precincts lying entirely 
47.2 	within the boundaries of any existing precinct and shall assign names to the new precincts 
47.3 	which include the name of the former precinct.
47.4 	(c) Precinct boundaries in a city electing council members by wards may be 
47.5 	reestablished within 14 days after the adoption of ward boundaries in a year ending in one, 
47.6 	as provided in section 204B.135, subdivision 1.
47.7 	(d) Precinct boundaries must be reestablished within 60 days of the time when the 
47.8 	legislature has been redistricted, or at least 19 weeks before the state primary election 
47.9 	in a year ending in two, whichever comes first. The adoption of reestablished precinct 
47.10 	boundaries becomes effective on the date of the state primary election in the year ending 
47.11 	in two.
47.12 	Precincts must be arranged so that no precinct lies in more than one legislative 
47.13 	or congressional district.

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

47.15 	Sec. 74. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
47.16 		Subd. 4.Administrative boundary change procedure. Any change in the 
47.17 	boundary of an election precinct shall must  be adopted at least 90 60 days before the date 
47.18 	of the next election and, for the state primary and general election, no later than June 1
47.19 	14 weeks before the state primary in the year of the state general election. The precinct 
47.20 	boundary change shall not take effect until notice of the change has been posted in the 
47.21 	office of the municipal clerk or county auditor for at least 60 42  days.
47.22 	The county auditor must publish a notice illustrating or describing the congressional, 
47.23 	legislative, and county commissioner district boundaries in the county in one or more 
47.24 	qualified newspapers in the county at least 14 days prior to the first day to file affidavits of 
47.25 	candidacy for the state general election in the year ending in two.
47.26 	Alternate dates for adopting changes in precinct boundaries, posting notices 
47.27 	of boundary changes, and notifying voters affected by boundary changes pursuant 
47.28 	to this subdivision, and procedures for coordinating precinct boundary changes with 
47.29 	reestablishing local government election district boundaries may be established in the 
47.30 	manner provided in the rules of the secretary of state.

47.31 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
47.32 	thereafter.

48.1 	Sec. 75. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
48.2 	subdivision to read:
48.3 		Subd. 4a.Municipal boundary adjustment procedure. A change in the boundary 
48.4 	of an election precinct that has occurred as a result of a municipal boundary adjustment 
48.5 	made under chapter 414 that is effective more than 21 days before a  regularly scheduled 
48.6 	election takes effect at the scheduled election.
48.7 	A change in the boundary of an election precinct that has occurred as a result of a 
48.8 	municipal boundary adjustment made under chapter 414 that is effective less than 21 days 
48.9 	before a regularly scheduled election takes effect the day after the scheduled election.

48.10 	Sec. 76. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
48.11 		Subdivision 1. Authority; location. The governing body of each municipality and 
48.12 	of each county with precincts in unorganized territory shall designate by ordinance or 
48.13 	resolution a polling place for each election precinct. Polling places must be designated and 
48.14 	ballots must be distributed so that no one is required to go to more than one polling place 
48.15 	to vote in a school district and municipal election held on the same day. The polling place 
48.16 	for a precinct in a city or in a school district located in whole or in part in the metropolitan 
48.17 	area defined by section 200.02, subdivision 24, shall be located within the boundaries of 
48.18 	the precinct or within one mile of one of those boundaries unless a single polling place 
48.19 	is designated for a city pursuant to section 204B.14, subdivision 2, or a school district 
48.20 	pursuant to section 205A.11. The polling place for a precinct in unorganized territory may 
48.21 	be located outside the precinct at a place which is convenient to the voters of the precinct. 
48.22 	If no suitable place is available within a town or within a school district located outside 
48.23 	the metropolitan area defined by section 200.02, subdivision 24, then the polling place for 
48.24 	a town or school district may be located outside the town or school district within five 
48.25 	miles of one of the boundaries of the town or school district. 

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

48.27 	Sec. 77. Minnesota Statutes 2008, section 204B.18, is amended to read:
48.28 	204B.18 POLLING PLACES; EQUIPMENT.
48.29 		Subdivision 1.Booths; voting stations. Each polling place must contain a number 
48.30 	of voting booths or voting stations in proportion to the number of individuals eligible 
48.31 	to vote in the precinct. Each booth or station must be at least six feet high, three feet 
48.32 	deep and two feet wide with a shelf at least two feet long and one foot wide placed 
48.33 	at a convenient height for writing. The booth or station shall permit the voter to vote 
49.1 	privately and independently. Each polling place must have at least one accessible voting 
49.2 	booth or other accessible voting station and beginning with federal and state elections 
49.3 	held after December 31, 2005, and county, municipal, and school district elections held 
49.4 	after December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of 
49.5 	the Help America Vote Act, Public Law 107-252.  Local officials must make accessible 
49.6 	voting stations purchased with money provided from the Help America Vote Act account 
49.7 	available to other local jurisdictions holding stand-alone elections. Local officials 
49.8 	who purchased the equipment may charge the other local jurisdictions for the costs of 
49.9 	programming the equipment, as well as a prorated cost of maintenance on the equipment. 
49.10 	Any money received for use of the accessible voting equipment must be treated as 
49.11 	program income and deposited into the jurisdiction's Help America Vote Act account. All 
49.12 	booths or stations must be constructed so that a voter is free from observation while 
49.13 	marking ballots. During the hours of voting, the booths or stations must have instructions, 
49.14 	a pencil, and other supplies needed to mark the ballots. Information needed to enable 
49.15 	voters to mark ballots quickly and correctly must be posted in each voting booth. A chair 
49.16 	must be provided for elderly voters and voters with disabilities to use while voting or 
49.17 	waiting to vote. Stable flat writing surfaces must also be made available to voters who are 
49.18 	completing election-related forms. All ballot boxes, voting booths, voting stations, and 
49.19 	election judges must be in open public view in the polling place.
49.20 		Subd. 2.Ballot boxes. Each polling place shall be provided with one ballot box 
49.21 	for each kind of ballot to be cast at the election. The boxes shall be substantially the same 
49.22 	color as the ballots to be deposited in them. Each box shall be of sufficient size and shall 
49.23 	have a sufficient opening to receive and contain all the ballots likely to be deposited in 
49.24 	it. When buff or goldenrod ballot boxes are required, a separate box must be provided 
49.25 	for each school district for which ballots are to be cast at that polling place. The number 
49.26 	and name of the school district must appear conspicuously on the top of each buff or 
49.27 	goldenrod ballot box.

49.28 	Sec. 78. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
49.29 		Subdivision 1. Appointment lists; duties of political parties and county auditor.
 49.30 	On June 1 Within two weeks after the precinct caucuses in a year in which there is an 
49.31 	election for a partisan political office, the county or legislative district chairs of each major 
49.32 	political party, whichever is designated by the state party, shall prepare a list of eligible 
49.33 	voters to act as election judges in each election precinct in the county or legislative 
49.34 	district. The chairs shall furnish the lists to the county auditor of the county in which the 
49.35 	precinct is located. 
50.1 	By June 15 Within four weeks after the precinct caucuses, the county auditor shall 
50.2 	furnish to the appointing authorities a list of the appropriate names for each election 
50.3 	precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by 
50.4 	the county auditor for each major political party. 

50.5 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
50.6 	thereafter.

50.7 	Sec. 79. Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:
50.8 		Subdivision 1.Minimum number required. (a) A minimum of three four election 
50.9 	judges shall be appointed for each precinct, except as provided by subdivision 2. In a 
50.10 	combined polling place under section 204B.14, subdivision 2, at least one judge must be 
50.11 	appointed from each municipality in the combined polling place, provided that not less 
50.12 	than three judges shall be appointed for each combined polling place. The appointing 
50.13 	authorities may appoint election judges for any precinct in addition to the number required 
50.14 	by this subdivision including additional election judges to count ballots after voting has 
50.15 	ended.  
50.16 	(b) An election judge may serve for all or part of election day, at the discretion of 
50.17 	the appointing authority, as long as the minimum number of judges required is always 
50.18 	present. The head election judge designated under section 204B.20 must serve for all of 
50.19 	election day and be present in the polling place unless another election judge has been 
50.20 	designated by the head election judge to perform the functions of the head election judge 
50.21 	during any absence.  

50.22 	Sec. 80. Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:
50.23 		Subd. 2.Additional election judges in paper ballot precincts Exception. In 
50.24 	precincts using paper ballots, A minimum of three election judges shall be appointed in 
50.25 	precincts not using electronic voting equipment. One additional election judge shall be 
50.26 	appointed for each 150 votes cast in that precinct at the last similar election. At each 
50.27 	state primary or state general election in precincts using paper ballots and in which more 
50.28 	than 300 votes were cast at the last similar election, additional election judges shall be 
50.29 	appointed to count the ballots and complete the returns in place of the election board 
50.30 	that served while voting was taking place.

50.31 	Sec. 81. Minnesota Statutes 2008, section 204B.24, is amended to read:
50.32 	204B.24 ELECTION JUDGES; OATH.
51.1 	Each election judge shall sign the following oath before assuming the duties of 
51.2 	the office:
51.3 	"I .......... solemnly swear (or affirm) that I will perform the duties of election judge 
51.4 	according to law and the best of my ability and will diligently endeavor to prevent fraud, 
51.5 	deceit and abuse in conducting this election. I will perform my duties in a fair and impartial 
51.6 	manner and not attempt to create an advantage for my party or for any candidate."
51.7 	The oath shall be attached to the summary statement of the election returns of that 
51.8 	precinct. If there is no individual present who is authorized to administer oaths, the 
51.9 	election judges may administer the oath to each other.

51.10 	Sec. 82. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
51.11 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
51.12 	publish a volume containing all state general laws relating to elections. The attorney 
51.13 	general shall provide annotations to the secretary of state for this volume. On or before 
51.14 	July August 1 of every even-numbered odd-numbered year the secretary of state shall 
51.15 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
51.16 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
51.17 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
51.18 	copy available on the office's Web site. The secretary of state may prepare and transmit 
51.19 	to the county auditors and municipal clerks detailed written instructions for complying 
51.20 	with election laws relating to the conduct of elections, conduct of voter registration and 
51.21 	voting procedures.

51.22 	Sec. 83. Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:
51.23 		Subd. 3.Instruction posters. At least 25 days before every state primary election 
51.24 	the secretary of state shall prepare and furnish to the county auditor of each county in 
51.25 	which paper ballots are used, voter instruction posters printed in large type upon cards or 
51.26 	heavy paper. The instruction posters must contain the information needed to enable the 
51.27 	voters to cast their paper ballots quickly and correctly and indicate the types of assistance 
51.28 	available for elderly and disabled voters. Two instruction posters shall be furnished for 
51.29 	each precinct in which paper ballots are used. With the consent of the county auditor, the 
51.30 	secretary of state may provide the posters in an electronic format.

51.31 	Sec. 84. Minnesota Statutes 2008, section 204B.28, subdivision 2, is amended to read:
51.32 		Subd. 2.Election supplies; duties of county auditors and clerks. (a) Except as 
51.33 	otherwise provided for absentee ballots in section 204B.35, subdivision 4, the county 
52.1 	auditor shall complete the preparation of the election materials for which the auditor is 
52.2 	responsible at least four days before every state primary and state general election. At any 
52.3 	time after all election materials are available from the county auditor but not later than 
52.4 	four days before the election each municipal clerk shall secure from the county auditor: 
52.5 	(a) (1) the forms that are required for the conduct of the election;
52.6 	(b) (2) any printed voter instruction materials furnished by the secretary of state;
52.7 	(c) (3) any other instructions for election officers; and
52.8 	(d) (4) a sufficient quantity of the official ballots, registration files, envelopes for 
52.9 	ballot returns, and other supplies and materials required for each precinct in order to 
52.10 	comply with the provisions of the Minnesota Election Law. The county auditor may 
52.11 	furnish the election supplies to the municipal clerks in the same manner as the supplies are 
52.12 	furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1. 
52.13 	(b) The official in charge of elections in each municipality where an electronic 
52.14 	voting system is used shall have the voting systems put in order, set, adjusted, and made 
52.15 	ready for voting when delivered to the election precincts. The official shall also provide 
52.16 	each precinct with a container for transporting ballots after the polls close. The container 
52.17 	must be of sturdy material to protect the ballots from all reasonably foreseeable hazards.

52.18 	Sec. 85. Minnesota Statutes 2008, section 204B.33, is amended to read:
52.19 	204B.33 NOTICE OF FILING.
52.20 	(a) Between June 1 and July 1 in each even-numbered year At least 15 weeks before 
52.21 	the state primary, the secretary of state shall notify each county auditor of the offices to be 
52.22 	voted for in that county at the next state general election for which candidates file with the 
52.23 	secretary of state. The notice shall include the time and place of filing for those offices. 
52.24 	Within ten days after notification by the secretary of state, each county auditor shall notify 
52.25 	each municipal clerk in the county of all the offices to be voted for in the county at that 
52.26 	election and the time and place for filing for those offices. The county auditors and 
52.27 	municipal clerks shall promptly post a copy of that notice in their offices and post a notice 
52.28 	of the offices that will be on the ballot on their Web site, if one is available.
52.29 	(b) At least two weeks before the first day to file an affidavit of candidacy, the 
52.30 	county auditor shall publish a notice stating the first and last dates on which affidavits of 
52.31 	candidacy may be filed in the county auditor's office and the closing time for filing on the 
52.32 	last day for filing. The county auditor shall post a similar notice at least ten days before 
52.33 	the first day to file affidavits of candidacy.

53.1 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
53.2 	thereafter.

53.3 	Sec. 86. [204B.335] ELECTION RESULTS REPORTING SYSTEM; 
53.4 	CANDIDATE FILING.
53.5 	For state primary and general elections, the county auditor must enter the offices 
53.6 	and questions to be voted on in the county and the list of candidates for each office into 
53.7 	the election results reporting system provided by the secretary of state no later than 46 
53.8 	days before the election.

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

53.13 	Sec. 87. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
53.14 		Subd. 4.Absentee ballots; preparation; delivery. At least 45 days before a state 
53.15 	primary or the state general election and at least 30 days before other elections, ballots 
53.16 	necessary to fill applications of absentee voters shall be prepared and delivered at least 30 
53.17 	days before the election to the officials who administer the provisions of chapter 203B.
53.18 	This section applies to school district elections held on the same day as a statewide 
53.19 	election or an election for a county or municipality located partially or wholly within 
53.20 	the school district.

53.21 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
53.22 	thereafter.

53.23 	Sec. 88. Minnesota Statutes 2008, section 204B.44, is amended to read:
53.24 	204B.44 ERRORS AND OMISSIONS; REMEDY.
53.25 	(a) Any individual may file a petition in the manner provided in this section for 
53.26 	the correction of any of the following errors, omissions, or wrongful acts which have 
53.27 	occurred or are about to occur:
53.28 	(a) (1) an error or omission in the placement or printing of the name or description of 
53.29 	any candidate or any question on any official ballot;
53.30 	(b) (2) any other error in preparing or printing any official ballot;
53.31 	(c) (3) failure of the chair or secretary of the proper committee of a major political 
53.32 	party to execute or file a certificate of nomination; or
54.1 	(d) (4) any wrongful act, omission, or error of any election judge, municipal clerk, 
54.2 	county auditor, canvassing board or any of its members, the secretary of state, or any other 
54.3 	individual charged with any duty concerning an election.
54.4 	(b) The petition shall describe the error, omission, or wrongful act and the correction 
54.5 	sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in 
54.6 	the case of an election for state or federal office or any judge of the district court in that 
54.7 	county in the case of an election for county, municipal, or school district office. The 
54.8 	petitioner shall serve a copy of the petition on the officer, board or individual charged with 
54.9 	the error, omission, or wrongful act, and on any other party as required by the court. Upon 
54.10 	receipt of the petition the court shall immediately set a time for a hearing on the matter 
54.11 	and order the officer, board or individual charged with the error, omission or wrongful act 
54.12 	to correct the error or wrongful act or perform the duty or show cause for not doing so. 
54.13 	The court shall issue its findings and a final order for appropriate relief as soon as possible 
54.14 	after the hearing. Failure to obey the order is contempt of court.
54.15 	(c) An order issued under this section may not authorize the candidates in an election 
54.16 	to determine whether an absentee ballot envelope was improperly rejected.

54.17 	Sec. 89. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
54.18 		Subd. 2. Procedure. Notice of the election and the special mail procedure must be 
54.19 	given at least six weeks prior to the election. Not more than 30 days nor later than 14 days 
54.20 	prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters 
54.21 	registered in the town or unorganized territory. No later than 14 days before the election, 
54.22 	the auditor must make a subsequent mailing of ballots to those voters who register to vote 
54.23 	after the initial mailing but before the 20th day before the election. Eligible voters not 
54.24 	registered at the time the ballots are mailed may apply for ballots as provided in chapter 
54.25 	203B. Ballot return envelopes, with return postage provided, must be preaddressed to the 
54.26 	auditor or clerk and the voter may return the ballot by mail or in person to the office of 
54.27 	the auditor or clerk. The auditor or clerk maymust appoint election judgesa ballot board 
54.28 	to examine the return envelopes and mark them "accepted" or "rejected" during the 30 
54.29 	days before the election within three days after receipt. The board may consist of staff 
54.30 	trained as election judges, in which case the board is exempt from sections 204B.19, 
54.31 	subdivision 5, and 204C.15, relating to party balance in appointment of judges and to 
54.32 	duties to be performed by judges of different major political parties. If an envelope has 
54.33 	been rejected at least five days before the election, the ballots in the envelope must be 
54.34 	considered spoiled ballotsremain sealed and the auditor or clerk shall provide the voter 
54.35 	with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot 
55.1 	is rejected within five days before the election, the envelope must remain sealed and 
55.2 	the official in charge of the ballot board must attempt to contact the voter by telephone 
55.3 	or e-mail to notify the voter that the voter's ballot has been rejected. The official must 
55.4 	document the attempts made to contact the voter.
55.5 	The ballots from return envelopes marked "Accepted" must be promptly opened, 
55.6 	duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by 
55.7 	the election judges, and deposited in the appropriate ballot box.
55.8 	In all other respects, the provisions of the Minnesota Election Law governing 
55.9 	deposit and counting of ballots apply.
55.10 	No vote totals from ballots may be made public before the close of voting on 
55.11 	election day.
55.12 	The costs of the mailing shall be paid by the election jurisdiction in which the voter 
55.13 	resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 

55.14 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
55.15 	certified that the statewide voter registration system has been tested, shown to properly 
55.16 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
55.17 	the expected volume of use.

55.18 	Sec. 90. Minnesota Statutes 2008, section 204B.46, is amended to read:
55.19 	204B.46 MAIL ELECTIONS; QUESTIONS. 
55.20 	A county, municipality, or school district submitting questions to the voters at a 
55.21 	special election may conduct an election by mail with no polling place other than the 
55.22 	office of the auditor or clerk. No more than two questions may be submitted at a mail 
55.23 	election and no offices may be voted on. Notice of the election must be given to the county 
55.24 	auditor at least 53 days prior to the election. This notice shall also fulfill the requirements 
55.25 	of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at 
55.26 	least six weeks prior to the election. No earlier than 20 or 30 nor later than 14 days prior 
55.27 	to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters 
55.28 	registered in the county, municipality, or school district. No later than 14 days before the 
55.29 	election, the auditor or clerk must make a subsequent mailing of ballots to those voters 
55.30 	who register to vote after the initial mailing but before the 20th day before the election.
55.31 	Eligible voters not registered at the time the ballots are mailed may apply for ballots 
55.32 	pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine 
55.33 	the return envelopes and mark them "Accepted" or "Rejected" within three days after 
55.34 	receipt. The board may consist of staff trained as election judges, in which case the board 
56.1 	is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance 
56.2 	in appointment of judges and to duties to be performed by judges of different major 
56.3 	political parties. If an envelope has been rejected at least five days before the election, 
56.4 	the ballots in the envelope must remain sealed and the auditor or clerk must provide the 
56.5 	voter with a replacement ballot and return envelope in place of the spoiled ballot. If the 
56.6 	ballot is rejected within five days before the election, the envelope must remain sealed and 
56.7 	the official in charge of the ballot board must attempt to contact the voter by telephone 
56.8 	or e-mail to notify the voter that the voter's ballot has been rejected. The official must 
56.9 	document the attempts made to contact the voter.
56.10 	The ballots from return envelopes marked "Accepted" must be promptly opened, 
56.11 	duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by 
56.12 	the election judges, and deposited in the appropriate ballot box.
56.13 	In all other respects, the provisions of the Minnesota Election Law governing 
56.14 	deposit and counting of ballots apply.
56.15 	No vote totals from ballots may be made public before the close of voting on 
56.16 	election day.

56.17 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
56.18 	certified that the statewide voter registration system has been tested, shown to properly 
56.19 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
56.20 	the expected volume of use.

56.21 	Sec. 91. Minnesota Statutes 2008, section 204C.02, is amended to read:
56.22 	204C.02 APPLICATION.
56.23 	This chapter applies to all elections held in this state except as otherwise provided 
56.24 	by law.
56.25 	An individual who is unable to write the individual's name must sign election-related 
56.26 	documents in the manner provided by section 645.44, subdivision 14. An individual who 
56.27 	has power of attorney for another person may not sign election-related documents for that 
56.28 	person, except as provided by this section.

56.29 	Sec. 92. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
56.30 		Subdivision 1.Right to be absent. Every employee who is eligible to vote in an 
56.31 	election has the right to be absent from work exclusively for the purpose of voting during 
56.32 	the morning of on the day of that election, without penalty or deduction from salary or 
57.1 	wages because of the absence. An employer or other person may not directly or indirectly 
57.2 	refuse, abridge, or interfere with this right or any other election right of an employee.

57.3 	Sec. 93. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
57.4 		Subdivision 1. Lingering near polling place. An individual shall be allowed to go 
57.5 	to and from the polling place for the purpose of voting without unlawful interference. No 
57.6 	one except an election official or an individual who is waiting to register or to vote or a 
57.7 	representative of the press or an academic institution who is conducting exit polling shall 
57.8 	stand within 100 feet of the building in which a polling place is located. "Exit polling" is 
57.9 	defined as approaching voters in a predetermined pattern as they leave the polling place 
57.10 	after they have voted and asking voters to fill out an anonymous questionnaire.

57.11 	Sec. 94. Minnesota Statutes 2008, section 204C.07, subdivision 3a, is amended to read:
57.12 		Subd. 3a. ResidenceRegistration requirement. A challenger must be a resident 
57.13 	of this state registered voter as provided in section 201.054. An appointed challengers
57.14 	challenger seeking admission to a polling place to serve in that capacity must prove their 
57.15 	status as a resident of this state by presenting one of the documents listed in section 
57.16 	201.061, subdivision 3. Challengers need not prove residence in the precinct in which 
57.17 	they seek to act as a challenger sign a written statement under penalty of perjury affirming: 
57.18 	(1) the challenger's status as a registered voter in this state; and (2) that the challenger has 
57.19 	reviewed and agrees to comply with the requirements of this section, including, but not 
57.20 	limited to, the standards of conduct for a polling place challenger. 

57.21 	Sec. 95. Minnesota Statutes 2008, section 204C.07, subdivision 4, is amended to read:
57.22 		Subd. 4.Restrictions on conduct. An election judge may not be appointed as a 
57.23 	challenger. The election judges shall permit challengers appointed pursuant to this section 
57.24 	to be present in the polling place during the hours of voting and to remain there until the 
57.25 	votes are counted and the results declared. No A challenger must comply with an order 
57.26 	from a head election judge to leave a polling place for the remainder of the election day 
57.27 	for failure to comply with the requirements of this section. A challenger shall not:
57.28 	(1) handle or inspect registration cards, files, or lists. Challengers shall not;
57.29 	(2)  prepare in any manner any list of individuals who have or have not voted. They 
57.30 	shall not;
57.31 	(3)  attempt to influence voting in any manner. They shall not;
57.32 	(4)  converse with a voter except to determine, in the presence of an election judge, 
57.33 	whether the voter is eligible to vote in the precinct;
58.1 	(5) use any electronic communication device inside the polling place; or
58.2 	(6) interfere with an election judge who is performing official duties.

58.3 	Sec. 96. Minnesota Statutes 2008, section 204C.08, is amended to read:
58.4 	204C.08 OPENING OF POLLING PLACES.
58.5 		Subdivision 1.Arrival; ballots. The election judges shall meet at the polling place 
58.6 	at least one hour before the time for opening the polls. Before the polls open, the election 
58.7 	judges shall compare the ballots used with the sample ballots, electronic ballot displays, 
58.8 	and audio ballot reader furnished to see that the names, numbers, and letters on both agree 
58.9 	and shall certify to that fact on forms provided for that purpose. The certification must 
58.10 	be filed with the election returns.
58.11 		Subd. 1a. Display of flag. Upon their arrival at the polling place on the day of 
58.12 	election, the election judges shall cause the national flag to be displayed on a suitable 
58.13 	staff at the entrance to the polling place. The flag shall be displayed continuously during 
58.14 	the hours of voting and the election judges shall attest to that fact by signing the flag 
58.15 	certification statement on the precinct summary statement. The election judges shall 
58.16 	receive no compensation for any time during which they intentionally fail to display 
58.17 	the flag as required by this subdivision.
58.18 		Subd. 1a. 1b.Voter's Bill of Rights. The county auditor shall prepare and provide 
58.19 	to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as 
58.20 	set forth in this section. Before the hours of voting are scheduled to begin, the election 
58.21 	judges shall post it in a conspicuous location or locations in the polling place. The Voter's 
58.22 	Bill of Rights is as follows:
58.23 	"VOTER'S BILL OF RIGHTS
58.24 	For all persons residing in this state who meet federal voting eligibility requirements:
58.25 	(1) You have the right to be absent from work for the purpose of voting during the 
58.26 	morning of without reduction to your pay, personal leave, or vacation time on election day.
58.27 	(2) If you are in line at your polling place any time between 7:00 a.m. and before
58.28 	8:00 p.m., you have the right to vote.
58.29 	(3) If you can provide the required proof of residence, you have the right to register 
58.30 	to vote and to vote on election day.
58.31 	(4) If you are unable to sign your name, you have the right to orally confirm your 
58.32 	identity with an election judge and to direct another person to sign your name for you.
58.33 	(5) You have the right to request special assistance when voting.
58.34 	(6) If you need assistance, you may be accompanied into the voting booth by a 
58.35 	person of your choice, except by an agent of your employer or union or a candidate.
59.1 	(7) You have the right to bring your minor children into the polling place and into 
59.2 	the voting booth with you.
59.3 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
59.4 	completed) or you have been discharged from your sentence, you have the right to vote.
59.5 	(9) If you are under a guardianship, you have the right to vote, unless the court 
59.6 	order revokes your right to vote.
59.7 	(10) You have the right to vote without anyone in the polling place trying to 
59.8 	influence your vote.
59.9 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
59.10 	right to receive a replacement ballot and vote.
59.11 	(12) You have the right to file a written complaint at your polling place if you are 
59.12 	dissatisfied with the way an election is being run.
59.13 	(13) You have the right to take a sample ballot into the voting booth with you.
59.14 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
59.15 	booth with you."
59.16 		Subd. 2.Posting of voting instructions. Before the hours for voting are scheduled 
59.17 	to begin, the election judges shall post any official voter instruction posters furnished to 
59.18 	them in a conspicuous location or locations in the polling place.
59.19 		Subd. 2a.Sample ballots. A At least two sample ballot ballots must be posted in a 
59.20 	conspicuous location in the polling place and must remain open to inspection by the voters 
59.21 	throughout election day. The sample ballot ballots must accurately reflect the offices, 
59.22 	candidates, and rotation sequence on the ballots used in that polling place. The sample 
59.23 	ballots may be either in full or reduced size.
59.24 		Subd. 3.Locking of ballot boxes box. Immediately before the time when voting 
59.25 	is scheduled to begin, one of the election judges shall open the ballot boxes box in the 
59.26 	presence of the individuals assembled at the polling place, turn the boxes upside down to
59.27 	demonstrate that it is empty them, lock them it, and deliver the key to another election 
59.28 	judge. Except as provided by this subdivision, the boxes box shall not be reopened 
59.29 	except to count the ballots until  after the hours for voting have ended and all voting has 
59.30 	been concluded. The boxes box shall be kept in public view at all times during voting 
59.31 	hours. After locking the ballot boxes box, the election judges shall proclaim that voting 
59.32 	may begin, and shall post outside the polling place conspicuous written or printed notices 
59.33 	of the time when voting is scheduled to end.
59.34 	Two election judges of different major political parties may open the ballot box as 
59.35 	needed to straighten the ballots or remove voted ballots to prevent the box from becoming 
59.36 	full. The election judges shall not count or inspect the ballots.
60.1 	If the election judges remove any ballots from the box, the election judges shall put 
60.2 	the ballots into containers and seal them. The judges shall put any ballots taken from the 
60.3 	ballot box's write-in compartment into containers separate from the other ballots and seal 
60.4 	them. The judges shall label the ballot containers and secure them.
60.5 	The judges shall note on the incident report that the ballot box was opened, the time 
60.6 	the box was opened, and, if any ballots were removed, the number of any seals used to 
60.7 	seal the ballot containers.
60.8 		Subd. 4.Ballot boxes, box boxcar seals. The governing body of a municipality or 
60.9 	school district by resolution may direct the municipal or school district clerk to furnish 
60.10 	a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a 
60.11 	numbered metal strap with a self-locking device securely attached to one end of the strap 
60.12 	so that the other end may be inserted and securely locked in the seal. No two metal straps 
60.13 	shall bear the same number.

60.14 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
60.15 	thereafter.

60.16 	Sec. 97. Minnesota Statutes 2008, section 204C.10, is amended to read:
60.17 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
60.18 	REGISTRATION.
60.19 	(a) An individual seeking to vote shall sign a polling place roster which states 
60.20 	that the individual is at least 18 years of age, a citizen of the United States, has resided 
60.21 	in Minnesota for 20 days immediately preceding the election, maintains residence at 
60.22 	the address shown, is not under a guardianship in which the court order revokes the 
60.23 	individual's right to vote, has not been found by a court of law to be legally incompetent 
60.24 	to vote or has the right to vote because, if the individual was convicted of a felony, the 
60.25 	felony sentence has expired or been completed or the individual has been discharged from 
60.26 	the sentence, is registered and has not already voted in the election. The roster must also 
60.27 	state: ". The polling place roster must state: "I certify that I have not already voted in 
60.28 	this election. I certify that I am at least 18 years of age and a citizen of the United States; 
60.29 	that I reside at the address shown and have resided in Minnesota for 20 days immediately 
60.30 	preceding this election; that I am not under guardianship of the person in which the court 
60.31 	order revokes my right to vote, have not been found by a court to be legally incompetent 
60.32 	to vote, and that if convicted of a felony, my felony sentence has expired (been completed) 
60.33 	or I have been discharged from my sentence; and that I am registered and will be voting 
60.34 	only in this precinct. I understand that deliberately providing false information is a felony 
61.1 	punishable by not more than five years imprisonment and a fine of not more than $10,000, 
61.2 	or both."  The words "I have not already voted in this election" and "I understand that 
61.3 	providing false information is a felony" must be in bold type.
61.4 	(b) An individual voting early under section 203B.30 must sign a roster that meets 
61.5 	the additional requirements of this paragraph. In addition to the content required under 
61.6 	paragraph (a), the roster must also state in bold type: "I understand that after I have cast 
61.7 	my ballot today, I cannot vote again in this election."
61.8 	(c) A judge may, before the applicant signs the roster, confirm the applicant's name, 
61.9 	address, and date of birth. If the ballot board has not marked the roster in accordance 
61.10 	with section 203B.12, subdivision 4a, clause (3), the election judge must review the 
61.11 	supplemental list of those who voted by absentee ballot to ensure that the voter's name is 
61.12 	not on the list. If a voter's name is on the list, the voter must not be allowed to sign the 
61.13 	roster or to vote on election day.
61.14 	(c) (d) After the applicant signs the roster, the judge shall give the applicant a voter's 
61.15 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
61.16 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
61.17 	voters' receipts must be maintained during the time for notice of filing an election contest.

61.18 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
61.19 	certified that the statewide voter registration system has been tested, shown to properly 
61.20 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
61.21 	the expected volume of use.

61.22 	Sec. 98. Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:
61.23 		Subd. 2.Statement of grounds; oath. Before making a challenge, a challenger 
61.24 	must be a resident of this state admitted to a polling place as provided in section 204C.07, 
61.25 	subdivision 3a. The secretary of state shall prepare a form that challengers must complete 
61.26 	and sign when making a challenge. The form must include space to state the ground 
61.27 	for the challenge, a statement that the challenge is based on the challenger's personal 
61.28 	knowledge, and a statement that the challenge is made under oath. The form must include 
61.29 	a space for the challenger's printed name, signature, telephone number, and address.
61.30 	An election judge shall administer to the challenged individual the following oath:
61.31 	"Do you solemnly swear (or affirm) that you will fully and truly answer all questions 
61.32 	put to you concerning your eligibility to vote at this election?"
61.33 	The election judge shall then ask the challenged individual sufficient questions to 
61.34 	test that individual's residence and right to vote.

62.1 	Sec. 99. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
62.2 		Subd. 2.Voting booths. One of the election judges shall explain to the voter 
62.3 	the proper method of marking and folding the ballots, of using the electronic ballot 
62.4 	marker, including assistive voting technology, of the option to insert the ballot into the 
62.5 	electronic ballot marker to examine the votes before inserting it into the ballot counter, of 
62.6 	inserting the ballot into automatic tabulating equipment that examines and counts votes,
62.7 	and, during a primary election, the effect of attempting to vote in more than one party's 
62.8 	primary. Except as otherwise provided in section 204C.15, the voter shall retire alone to 
62.9 	an unoccupied voting booth and or, at the voter's discretion, the voter may choose to 
62.10 	use another writing surface. The voter shall  mark the ballots without undue delay. The 
62.11 	voter may take sample ballots into the booth to assist in voting. The election judges may 
62.12 	adopt and enforce reasonable rules governing the amount of time a voter may spend in 
62.13 	the voting booth marking ballots. 

62.14 	Sec. 100. Minnesota Statutes 2008, section 204C.13, subdivision 3, is amended to read:
62.15 		Subd. 3.Marking ballots. The voter shall mark each ballot in the following manner:
62.16 	(a) A mark (X) shall be placed in the square The voter shall fill in the oval or connect 
62.17 	the arrow opposite the printed name of each candidate for whom the individual desires to 
62.18 	vote, and in the square before the "YES" "Yes" or "NO" "No" if the individual desires 
62.19 	to vote for or against a question.
62.20 	(b) The voter may write in other names on the lines provided under the printed 
62.21 	names of the candidates, except that no names shall be written in on primary ballots.
62.22 	(c) At a state primary an individual may vote for candidates of only one major 
62.23 	political party on the partisan primary ballot. If a partisan primary ballot contains votes 
62.24 	for the candidates of more than one major political party, the ballot is totally defective and 
62.25 	no vote on the partisan section of the ballot shall be counted.
62.26 	(d) An individual who spoils a ballot may return it to the election judges and receive 
62.27 	another.

62.28 	Sec. 101. Minnesota Statutes 2008, section 204C.13, subdivision 5, is amended to read:
62.29 		Subd. 5.Deposit of ballots in ballot boxes box. The voter shall then withdraw 
62.30 	from the voting booth with the ballots and hand them to the election judge in charge of 
62.31 	the ballot boxes. That election judge shall immediately deposit each ballot in the proper
62.32 	ballot box. Ballots that have not been initialed by the election judges as provided in 
62.33 	section 204C.09, shall not be deposited in the ballot box. 

63.1 	Sec. 102. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
63.2 		Subd. 6.Challenge of voter; time limits; disposition of ballots. At any time 
63.3 	before the ballots of any voter are deposited in the ballot boxes, the election judges or any 
63.4 	individual who was not present at the time the voter procured the ballots, but not otherwise, 
63.5 	may challenge the eligibility of that voter and the deposit of any received absentee ballots 
63.6 	in the ballot boxes. The election judges shall determine the eligibility of any voter who is 
63.7 	present in the polling place in the manner provided in section 204C.12, and if the voter is 
63.8 	found to be not eligible to vote, shall place the ballots of that voter unopened among the 
63.9 	spoiled ballots. The election judges shall determine whether to receive or reject the ballots 
63.10 	of an absent voter and whether to deposit received absentee ballots in the ballot boxes in 
63.11 	the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any 
63.12 	absentee ballots not received or deposited in the manner provided in section 203B.12. A 
63.13 	violation of this subdivision by an election judge is a gross misdemeanor. 

63.14 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
63.15 	certified that the statewide voter registration system has been tested, shown to properly 
63.16 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
63.17 	the expected volume of use.

63.18 	Sec. 103. Minnesota Statutes 2008, section 204C.17, is amended to read:
63.19 	204C.17 VOTING; SECRECY.
63.20 	Except as authorized by section 204C.15, a voter shall not reveal to anyone in the 
63.21 	polling place the name of any candidate for whom the voter intends to vote or has voted. A 
63.22 	voter shall not ask for or receive assistance in the marking of a ballot from anyone within 
63.23 	the polling place except as authorized by section 204C.15. If a voter, after marking a ballot, 
63.24 	shows it to anyone except as authorized by law or takes a picture of the voter's ballot, the 
63.25 	election judges shall refuse to deposit the ballot in any ballot box and shall place it among 
63.26 	the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall 
63.27 	receive another ballot as provided in section 204C.13, subdivision 3, clause paragraph (d). 

63.28 	Sec. 104. [204C.185] DUTIES OF ELECTION JUDGES.
63.29 		Subdivision 1.Damaged or defective ballots. If a ballot is damaged or defective so 
63.30 	that it cannot be counted properly by the automatic tabulating equipment, a true duplicate 
63.31 	copy must be made of the damaged ballot in the presence of two judges not of the same 
63.32 	major political party and must be substituted for the damaged ballot. Likewise, a duplicate 
63.33 	ballot must be made of a defective ballot, which may not include the votes for the offices 
64.1 	for which it is defective. Duplicate ballots must be clearly labeled "duplicate," indicate the 
64.2 	precinct in which the corresponding damaged or defective ballot was cast, bear a serial 
64.3 	number which must be recorded on the damaged or defective ballot, and be counted 
64.4 	in lieu of the damaged or defective ballot.
64.5 		Subd. 2.Rejected ballots. Whenever a ballot created by an electronic ballot marker 
64.6 	certified by the secretary of state is rejected by an optical scan voting system, two election 
64.7 	judges who are members of different major political parties shall transcribe the votes on 
64.8 	the ballot rejected by the optical scan voting system using the procedures in subdivision 1.

64.9 	Sec. 105. Minnesota Statutes 2008, section 204C.19, subdivision 2, is amended to read:
64.10 		Subd. 2.Ballots; order of counting. Except as otherwise provided in this 
64.11 	subdivision, the ballot boxes shall be opened, The votes must be counted, and the total 
64.12 	declared one box at a time in the following order: the white box, the pink box, the canary 
64.13 	box, the light green box, the blue box, the buff box, the goldenrod box, the gray box, and 
64.14 	then the other kinds of ballots voted at the election. If enough election judges are available 
64.15 	to provide counting teams of four or more election judges for each box, more than one 
64.16 	box may be opened and counted at the same time in the order the offices are listed on the 
64.17 	ballot. The election judges on each counting team shall be evenly divided between the 
64.18 	major political parties. The numbers entered on the summary sheet shall not be considered 
64.19 	final until all the ballots in all the boxes have been counted and corrections have been 
64.20 	made if ballots have been deposited in the wrong boxes.

64.21 	Sec. 106. Minnesota Statutes 2008, section 204C.20, subdivision 1, is amended to read:
64.22 		Subdivision 1.Determination of proper number. The election judges shall 
64.23 	determine the number of ballots to be counted by adding the number of return envelopes 
64.24 	from accepted absentee ballots to the number of signed voter's certificates, or to counting
64.25 	the number of names signatures entered in the election register. The election judges 
64.26 	shall then remove all the ballots from the box. Without considering how the ballots are 
64.27 	marked, the election judges shall ascertain that each ballot is separate and shall count 
64.28 	them to determine whether the number of ballots in the box corresponds with the number 
64.29 	of ballots to be counted.

64.30 	Sec. 107. Minnesota Statutes 2008, section 204C.20, subdivision 2, is amended to read:
64.31 		Subd. 2.Excess ballots. If two or more ballots are found folded together like a 
64.32 	single ballot, the election judges shall lay them aside until all the ballots in the box have 
64.33 	been counted. If it is evident from the number of ballots to be counted that the ballots 
65.1 	folded together were cast by one voter, the election judges shall preserve but not count 
65.2 	them. If the number of ballots in one the ballot box exceeds the number to be counted, the 
65.3 	election judges shall examine all the ballots in the box to ascertain that all are properly 
65.4 	marked with the initials of the election judges. If any ballots are not properly marked with 
65.5 	the initials of the election judges, the election judges shall preserve but not count them; 
65.6 	however, if the number of ballots does not exceed the number to be counted, the absence 
65.7 	of either or both sets of initials of the election judges does not, by itself, disqualify the 
65.8 	vote from being counted and must not be the basis of a challenge in a recount. If there is 
65.9 	still an excess of properly marked ballots, the election judges shall replace them in the 
65.10 	box, and one election judge, without looking, shall withdraw from the box a number 
65.11 	of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be 
65.12 	preserved as provided in subdivision 4.

65.13 	Sec. 108. [204C.205] COUNTING BALLOTS.
65.14 	In precincts in which automatic tabulating equipment is located in the polling place, 
65.15 	as soon as the polls are closed the election judges shall secure the voting systems against 
65.16 	further voting. A tabulation of ballots must be obtained from the automatic tabulating 
65.17 	equipment after all damaged or defective ballots have been replaced. The tabulation, 
65.18 	together with the returns of write-in and absentee votes and the precinct summary 
65.19 	statements prepared in accordance with section 204C.24, constitute the official return of 
65.20 	each precinct. Upon completion of the count, the returns are open to the public.

65.21 	Sec. 109. [204C.206] COUNTING BALLOTS CENTRALLY.
65.22 		Subdivision 1.At the voting location. In precincts in which automatic tabulating 
65.23 	equipment is located in a central location, as soon as the polls are closed the election 
65.24 	judges shall secure the voting systems against further voting. They shall then open the 
65.25 	ballot box and count the number of ballots that have been cast to determine that the 
65.26 	number of ballots does not exceed the number of voters shown on the election register. If 
65.27 	there is an excess, the judges shall seal the ballots in a ballot container and transport the 
65.28 	container to the county auditor or municipal clerk, who shall process the ballots in the 
65.29 	same manner as required in section 204C.20, subdivision 2, then enter the ballots into the 
65.30 	ballot counter. The total numbers of voters must be entered on the forms provided.
65.31 		Subd. 2.Transportation of ballots. The judges shall place all voted ballots, 
65.32 	defective ballots, and damaged ballots in the container provided for transporting them 
65.33 	to the counting center. The container must be sealed and delivered immediately to the 
65.34 	counting center by two judges who are not of the same major political party. The judges 
66.1 	shall also deliver to the counting center, in a suitable container, the unused ballots, and the 
66.2 	spoiled ballot envelope.
66.3 		Subd. 3.Counting centers open; security. Proceedings at the counting center are 
66.4 	open to the public. They are under the direction of the official in charge of elections in 
66.5 	each municipality and must be under the observation of at last two election judges who 
66.6 	are not of the same major political party. Only persons employed and authorized for the 
66.7 	purpose may touch any ballot, ballot container, or statement of absentee ballot results.
66.8 		Subd. 4.Preliminary tabulation. When the ballots arrive at a counting center 
66.9 	where votes are counted by automatic tabulating equipment that is programmed to 
66.10 	tabulate the votes from multiple precincts, the ballots must be given to the counting center 
66.11 	election judges and counted by the automatic tabulating equipment. The results of this 
66.12 	preliminary tabulation may be made available to the public if the tabulation is clearly 
66.13 	identified as unofficial.
66.14 	After any preliminary tabulation has been made, any ballots that could not be read 
66.15 	by the tabulator, or would not go through the tabulator, must be returned to the counting 
66.16 	center election judges who shall prepare replacements, if necessary, as provided in section 
66.17 	204C.185.
66.18 		Subd. 5.Final tabulation. A final tabulation of ballots must be obtained from the 
66.19 	automatic tabulating equipment after all damaged or defective ballots have been replaced. 
66.20 	The final tabulation, together with the returns of write-in and absentee votes and the 
66.21 	precinct summary statements prepared in accordance with section 204C.24, constitute 
66.22 	the official return of each precinct. Upon completion of the count the returns are open 
66.23 	to the public.

66.24 	Sec. 110. Minnesota Statutes 2008, section 204C.21, is amended to read:
66.25 	204C.21 HAND COUNTING BALLOTS; PILING SYSTEM.
66.26 		Subdivision 1. General. Ballots that are counted by hand shall be counted as 
66.27 	prescribed by this section.
66.28 		Subd. 1a.Method.  The election judges shall remove all the ballots from the box. 
66.29 	Without considering how the ballots are marked, the election judges shall ascertain that 
66.30 	each ballot is separate and shall count them to determine whether the number of ballots in 
66.31 	the box corresponds with the number of ballots to be counted. If two or more ballots are 
66.32 	found folded together like a single ballot, the election judges shall lay them aside until 
66.33 	all the ballots in the box have been counted. If it is evident from the number of ballots 
66.34 	to be counted that the ballots folded together were cast by one voter, the election judges 
66.35 	shall preserve but not count them. The election judges shall take all the ballots of the same 
67.1 	kind and count the votes cast for each office or question, beginning with the first office 
67.2 	or question on the ballot. They shall make one pile of the ballots for each candidate 
67.3 	who received votes for that office, or one pile for the "Yes" votes and one pile for the 
67.4 	"No" votes on a question. They shall make a pile of totally defective ballots and a pile of 
67.5 	totally blank ballots. They shall make a pile of ballots that are not totally defective but are 
67.6 	defective with respect to the office or question being counted and a pile of ballots that 
67.7 	are not totally blank but are blank with respect to the office or question being counted. 
67.8 	After the separation into piles, the election judges shall examine each pile and remove and 
67.9 	place in the proper pile any ballots that are found in the wrong pile. The election judges 
67.10 	shall count the totally blank and totally defective ballots and set them aside until the 
67.11 	counting is over for that ballot. The election judges may must pile ballots crosswise in 
67.12 	groups of 25 in the same pile to facilitate counting. When their counts agree, the election 
67.13 	judges shall announce the number of ballots in each pile, and shall write the number in the 
67.14 	proper place on the summary statements.
67.15 	The election judges shall then return all the counted ballots, and all the partially 
67.16 	defective or partially blank ballots, to the original pile to be separated and counted in the 
67.17 	same manner for the next office or question.
67.18 		Subd. 2.More than one candidate to be elected; piling. Where more than one 
67.19 	candidate is to be elected to an office, the votes for that office shall be counted and 
67.20 	canvassed in the manner provided in subdivision 1 1a as far as practicable.
67.21 		Subd. 2a.Defective ballots. A ballot that is defective to the extent that the election 
67.22 	judges are unable to determine the voter's intent shall be marked on the back "Defective" 
67.23 	if it is totally defective or "Defective as to ......," naming the office or question if it is 
67.24 	defective only in part.
67.25 		Subd. 3.Primary. At a primary the election judges shall first separate the partisan
67.26 	ballots by major political party and then count the votes for each office as provided in 
67.27 	subdivision 1 1a. The nonpartisan races on the primary ballots shall be counted separately
67.28 	after the partisan races on the primary ballots have been counted.

67.29 	Sec. 111. Minnesota Statutes 2008, section 204C.22, subdivision 3, is amended to read:
67.30 		Subd. 3.Votes for too many candidates. If a voter places a mark (X) fills in the 
67.31 	oval or completes the arrow beside the names of more candidates for an office than are to 
67.32 	be elected or nominated, the ballot is defective with respect only to that office. No vote 
67.33 	shall be counted for any candidate for that office, but the rest of the ballot shall be counted 
67.34 	if possible. At a primary, if a voter has not indicated a party preference and places a mark 
67.35 	(X) fills in the oval or completes the arrow beside the names of candidates of more than 
68.1 	one party on the partisan section of the ballot, that section of the ballot is totally defective 
68.2 	and no votes on it for partisan offices shall be counted. If a voter has indicated a party 
68.3 	preference at a primary, only votes cast for candidates of that party shall be counted.

68.4 	Sec. 112. Minnesota Statutes 2008, section 204C.22, subdivision 4, is amended to read:
68.5 		Subd. 4.Name written in proper place. If a voter has written the name of an 
68.6 	individual in the proper place on a general or special election ballot a vote shall be counted 
68.7 	for that individual whether or not the voter makes a mark (X) in the square fills in the oval 
68.8 	or completes the arrow opposite the blank.

68.9 	Sec. 113. Minnesota Statutes 2008, section 204C.22, subdivision 6, is amended to read:
68.10 		Subd. 6.Mark out of place. If a mark (X) is made out of its proper place, but so 
68.11 	near a name or space as to indicate clearly the voter's intent, the vote shall be counted.

68.12 	Sec. 114. Minnesota Statutes 2008, section 204C.22, subdivision 7, is amended to read:
68.13 		Subd. 7.All written names or marks counted up to limit. If a number of 
68.14 	individuals are to be elected to the same office, the election judges shall count all names 
68.15 	written in and all printed names with (X) marks in squares the oval filled in or the arrow 
68.16 	completed opposite them, not exceeding the whole number to be elected. When fewer 
68.17 	names than the number to be elected are marked with an (X) oval filled in or an arrow 
68.18 	completed or a name written in, only the marked or written in names shall be counted. 
68.19 	When more names than the number to be elected are marked or written in, the ballot is 
68.20 	defective with respect to that office and no vote shall be counted for that office.

68.21 	Sec. 115. Minnesota Statutes 2008, section 204C.22, subdivision 10, is amended to 
68.22 	read:
68.23 		Subd. 10.Different marks. If a voter uniformly uses a mark other than (X) which 
68.24 	clearly indicates an intent to mark a name or to mark yes or no on a question, and the 
68.25 	voter does not use (X) the more standard mark anywhere else on the ballot, a vote shall 
68.26 	be counted for each candidate or response to a question marked. If a voter uses two or 
68.27 	more distinct marks, such as (X) and some other mark, a vote shall be counted for each 
68.28 	candidate or response to a question marked, unless the ballot is marked by distinguishing 
68.29 	characteristics that make the entire ballot defective as provided in subdivision 13.

68.30 	Sec. 116. Minnesota Statutes 2008, section 204C.22, subdivision 13, is amended to 
68.31 	read:
69.1 		Subd. 13.Identifying ballot. If a ballot is marked by distinguishing characteristics 
69.2 	in a manner making it evident that the voter intended to identify the ballot with a voter's 
69.3 	signature, an identification number, or a name written completely outside of the space 
69.4 	allotted for the names of write-in candidates, the entire ballot is defective.

69.5 	Sec. 117. Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
69.6 		Subdivision 1.Information requirements. Precinct summary statements shall be 
69.7 	submitted by the election judges in every precinct. For all elections, the election judges 
69.8 	shall complete three or more copies of the summary statements, and each copy shall 
69.9 	contain the following information for each kind of ballot:
69.10 	(a) the number of votes each candidate received or the number of yes and no votes 
69.11 	on each question, the number of undervotes or partially blank ballots, and the number of 
69.12 	overvotes or partially defective ballots with respect to each office or question;
69.13 	(b) the number of totally blank ballots, the number of totally defective ballots, the 
69.14 	number of spoiled ballots, and the number of unused ballots;
69.15 	(c) the number of individuals who voted at the election in the precinct;
69.16 	(d) the number of voters registering on election day in that precinct; and
69.17 	(e) the signatures of the election judges who counted the ballots certifying that all of 
69.18 	the ballots cast were properly piled, checked, and counted; and that the numbers entered 
69.19 	by the election judges on the summary statements correctly show the number of votes cast 
69.20 	for each candidate and for and against each question.
69.21 	At least two copies of the summary statement must be prepared for elections not 
69.22 	held on the same day as the state elections.

69.23 	Sec. 118. Minnesota Statutes 2008, section 204C.25, is amended to read:
69.24 	204C.25 DISPOSITION OF BALLOTS.
69.25 	After the count and the summary statements have been completed, in the presence 
69.26 	of all the election judges, the counted, defective, and blank ballots shall be placed in 
69.27 	envelopes marked or printed to distinguish the color of the ballots contained, and the 
69.28 	envelopes shall be sealed. The election judges shall sign each envelope over the sealed 
69.29 	part so that the envelope cannot be opened without disturbing the continuity of the 
69.30 	signatures. The number and kind of ballots in each envelope, the name of the town or 
69.31 	city, and the name of the precinct shall be plainly written upon the envelopes. The number 
69.32 	and name of the district must be plainly written on envelopes containing school district 
69.33 	ballots. The spoiled ballots shall be placed in separate envelopes, sealed, and returned 
70.1 	with the unused ballots to the county auditor or municipal or school district clerk from 
70.2 	whom they were received.

70.3 	Sec. 119. Minnesota Statutes 2008, section 204C.26, is amended to read:
70.4 	204C.26 SUMMARY STATEMENTS AND ENVELOPES FOR BALLOT 
70.5 	RETURNS; ELECTION OFFICIALS TO FURNISH.
70.6 		Subdivision 1.Summary statements. For state elections in jurisdictions in which 
70.7 	the ballots are counted by hand, each official responsible for printing ballots the county 
70.8 	auditor shall furnish three or more blank summary statement forms for the returns of 
70.9 	those ballots for each precinct. At least two copies of the summary statement must be 
70.10 	prepared for elections not held on the same day as the state elections. The blank summary 
70.11 	statement forms shall be furnished by the same official, at the same time, and in the same 
70.12 	manner as the ballots. The county auditor shall furnish blank summary statement forms 
70.13 	containing separate space for the summary statement of the returns of the white ballot and 
70.14 	the summary statement of the returns for the state pink ballot.
70.15 		Subd. 2.Summary statements; contents. The blank summary statement forms 
70.16 	furnished to each precinct shall identify the precinct, ward number if any, city, school 
70.17 	district if applicable, or town, date, and kind of election and, under appropriate headings 
70.18 	identifying each color ballot, shall contain spaces for the election judges to enter the 
70.19 	information required by section 204C.24, subdivision 1.  
70.20 	Each blank summary statement form shall also contain a certificate to be signed by 
70.21 	the election judges stating that the national flag was displayed on a suitable staff during 
70.22 	voting hours; that all of the ballots cast were properly piled, checked, and counted; and 
70.23 	that the numbers entered by the election judges on the summary statements correctly show 
70.24 	the number of votes cast for each candidate and for and against each question.
70.25 		Subd. 3.Secretary of state. On or before July 1 No later than ten weeks before 
70.26 	the state primary  of each even-numbered year, the secretary of state shall prescribe the 
70.27 	form for summary statements of election returns and the methods by which returns for the 
70.28 	state primary and state general election shall be recorded by precinct, county, and state 
70.29 	election officials. Each county auditor and municipal or school district clerk required to 
70.30 	furnish summary statements shall prepare them in the manner prescribed by the secretary 
70.31 	of state. The summary statement of the primary returns shall be in the same form as 
70.32 	the summary statement of the general election returns except that a separate part of the 
70.33 	summary statement shall be provided for the partisan races on the primary ballot and a 
70.34 	separate part for the nonpartisan races on the primary ballot.
71.1 		Subd. 4.Envelopes for counted ballots. Each official responsible for printing 
71.2 	ballots shall also furnish envelopes to contain those ballots after they have been counted. 
71.3 	The envelopes shall be made of heavy paper, printed or marked to distinguish the color of 
71.4 	the ballots to be contained in them. They shall be of convenient size to hold the ballots 
71.5 	and shall be furnished at the same time and in the same manner as the ballots.

71.6 	Sec. 120. Minnesota Statutes 2008, section 204C.27, is amended to read:
71.7 	204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
71.8 		Subdivision 1.Election supplies. One or more of the election judges in each 
71.9 	precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, 
71.10 	and gray ballots; and the envelopes containing the white, pink, canary, and grayvoted
71.11 	ballots either directly to the municipal clerk for transmittal to the county auditor's office 
71.12 	or directly to the county auditor's office as soon as possible after the vote counting is 
71.13 	completed but no later than 24 hours after the end of the hours for voting. One or more 
71.14 	election judges shall deliver the remaining set of summary statements and returns, all 
71.15 	unused and spoiled municipal and school district ballots, the envelopes containing 
71.16 	municipal and school district ballots, and all other things furnished by the municipal or 
71.17 	school district clerk, to the municipal or school district clerk's office within 24 hours after 
71.18 	the end of the hours for voting. The municipal or school district clerk shall return all 
71.19 	polling place rosters and completed voter registration cards to the county auditor within 48 
71.20 	hours after the end of the hours for voting.
71.21 		Subd. 2.Rejected absentee ballots. All absentee ballots that were rejected and 
71.22 	their accompanying absentee ballot applications must be delivered to the county auditor 
71.23 	within 48 hours after the end of the hours for voting.

71.24 	Sec. 121. Minnesota Statutes 2008, section 204C.28, subdivision 3, is amended to read:
71.25 		Subd. 3.School district returns and materials. At a school district election held in 
71.26 	conjunction with a state election, the county auditor or municipal clerk shall deliver the 
71.27 	summary statements of the school district election returns, all unused and spoiled school 
71.28 	district ballots, and the envelope containing the school district ballots from each precinct 
71.29 	to the clerk of the appropriate school district within 48 hours after the polls close.

71.30 	Sec. 122. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
71.31 	subdivision to read:
71.32 		Subd. 3.Review of rejected absentee ballots. Before the meeting of the county 
71.33 	canvassing board to canvass the results of the state general election, the county auditor 
72.1 	must review any absentee ballots that were marked rejected to determine whether any 
72.2 	were rejected in error. If the county canvassing board agrees that a ballot was rejected in 
72.3 	error, the board must publicly open the return and ballot envelopes and initial and count 
72.4 	the ballot to include the votes in all races in the results canvassed by the board. The county 
72.5 	canvassing board must protect the privacy of voters' choices to the extent practicable.

72.6 	Sec. 123. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
72.7 	subdivision to read:
72.8 		Subd. 4.Election results reporting; state primary and general elections. For 
72.9 	state primary and general elections, the county auditor shall enter the votes in each 
72.10 	precinct for the questions and offices voted on into the election results reporting system 
72.11 	provided by the secretary of state.

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

72.16 	Sec. 124. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
72.17 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
72.18 	county auditor's office on or before the seventh day between the third and tenth days
72.19 	following the state general election. After taking the oath of office, the board shall 
72.20 	promptly and publicly canvass the general election returns delivered to the county auditor. 
72.21 	Upon completion of the canvass, the board shall promptly prepare and file with the county 
72.22 	auditor a report which states:
72.23 	(a) the number of individuals voting at the election in the county and in each precinct;
72.24 	(b) the number of individuals registering to vote on election day and the number of 
72.25 	individuals registered before election day in each precinct;
72.26 	(c) the names of the candidates for each office and the number of votes received 
72.27 	by each candidate in the county and in each precinct, including write-in candidates for 
72.28 	state and federal office who have requested under section 204B.09 that votes for those 
72.29 	candidates be tallied; 
72.30 	(d) the number of votes counted for and against a proposed change of county lines 
72.31 	or county seat; and
72.32 	(e) the number of votes counted for and against a constitutional amendment or other 
72.33 	question in the county and in each precinct.
73.1 	The result of write-in votes cast on the general election ballots must be compiled by 
73.2 	the county auditor before the county canvass, except that write-in votes for a candidate for 
73.3 	federal, state, or federal county office must not be counted unless the candidate has timely 
73.4 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
73.5 	for each municipality to provide an adequate number of election judges to perform this 
73.6 	duty or the county auditor may appoint additional election judges for this purpose. The 
73.7 	county auditor may open the envelopes or containers in which the voted ballots have been 
73.8 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
73.9 	the conclusion of this process. The county auditor must prepare a separate report of votes 
73.10 	received by precinct for write-in candidates for federal, state, and county offices who have 
73.11 	requested under section 204B.09 that votes for those candidates be tallied.
73.12 	Upon completion of the canvass, the county canvassing board shall declare the 
73.13 	candidate duly elected who received the highest number of votes for each county and state 
73.14 	office voted for only within the county. The county auditor shall transmit one of the a
73.15 	certified copies copy of the county canvassing board report for state and federal offices to 
73.16 	the secretary of state by messenger, express mail, or similar service immediately upon 
73.17 	conclusion of the county canvass.

73.18 	Sec. 125. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
73.19 		Subd. 3.State canvass. The State Canvassing Board shall meet at the secretary of 
73.20 	state's office on the secondthird Tuesday following the state general election to canvass 
73.21 	the certified copies of the county canvassing board reports received from the county 
73.22 	auditors and shall prepare a report that states:
73.23 	(a) the number of individuals voting in the state and in each county;
73.24 	(b) the number of votes received by each of the candidates, specifying the counties 
73.25 	in which they were cast; and
73.26 	(c) the number of votes counted for and against each constitutional amendment, 
73.27 	specifying the counties in which they were cast.
73.28 	All members of the State Canvassing Board shall sign the report and certify its 
73.29 	correctness. The State Canvassing Board shall declare the result within three days after 
73.30 	completing the canvass.

73.31 	Sec. 126. Minnesota Statutes 2008, section 204C.35, subdivision 1, is amended to read:
73.32 		Subdivision 1. Automatic Required recounts. (a) In a state primary when the 
73.33 	difference between the votes cast for the candidates for nomination to a statewide federal 
74.1 	office, state constitutional office, statewide judicial office, congressional office, state 
74.2 	legislative office, or district judicial office: 
74.3 	(1) is less than one-half one-quarter of one percent of the total number of votes 
74.4 	counted for that nomination; or 
74.5 	(2) is ten votes or less and the total number of votes cast for the nomination is 400 
74.6 	votes or less; 
74.7 	and the difference determines the nomination, the canvassing board with responsibility 
74.8 	for declaring the results for that office shall manually recount the vote upon receiving 
74.9 	a written request from the candidate whose nomination is in question. Immediately 
74.10 	following the canvassing board meeting of the board that has responsibility for canvassing 
74.11 	the results of the nomination, the filing officer must notify the candidate that the candidate 
74.12 	has the option to request a recount of the votes at no cost to the candidate. This written 
74.13 	request must be received by the filing officer during the time for notice of contest of the 
74.14 	primary for which a recount is being sought. 
74.15 	(b) In a state general election when the difference between the votes of a candidate 
74.16 	who would otherwise be declared elected to a statewide federal office, state constitutional 
74.17 	office, statewide judicial office, congressional office, state legislative office, or district 
74.18 	judicial office and the votes of any other candidate for that office: 
74.19 	(1) is less than one-half one-quarter of one percent of the total number of votes 
74.20 	counted for that office; or 
74.21 	(2) is ten votes or less if the total number of votes cast for the office is 400 votes or 
74.22 	less, 
74.23 	the canvassing board shall manually recount the votes upon receiving a written request 
74.24 	from the candidate whose election is in question. Immediately following the canvassing 
74.25 	board meeting of the board that has responsibility for canvassing the results of the general 
74.26 	election, the filing officer must notify the candidate that the candidate has the option 
74.27 	to request a recount of the votes at no cost to the candidate. This written request must 
74.28 	be received by the filing officer during the time for notice of contest of the election for 
74.29 	which a recount is being sought. 
74.30 	(c) A recount must not delay any other part of the canvass. The results of the recount 
74.31 	must be certified by the canvassing board as soon as possible. 
74.32 	(d) Time for notice of a contest for an office which is recounted pursuant to this 
74.33 	section shall begin to run upon certification of the results of the recount by the canvassing 
74.34 	board. 
74.35 	(e) A losing candidate may waive a recount required pursuant to this section by 
74.36 	filing a written notice of waiver with the canvassing board. 

75.1 	Sec. 127. Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:
75.2 		Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was 
75.3 	on the ballot for nomination or election to a statewide federal office, state constitutional 
75.4 	office, statewide judicial office, congressional office, state legislative office, or district 
75.5 	judicial office may request a recount in a manner provided in this section at the candidate's 
75.6 	own expense when the vote difference is greater than the difference required by this 
75.7 	section subdivision 1. The votes shall be manually recounted as provided in this section 
75.8 	if the candidate files a request during the time for filing notice of contest of the primary 
75.9 	or election for which a recount is sought. 
75.10 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety 
75.11 	in an amount set by the filing officer for the payment of the recount expenses. The 
75.12 	requesting candidate is responsible for the following expenses: the compensation of the 
75.13 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
75.14 	administrator, or other personnel who participate in the recount; the costs of computer 
75.15 	operation, preparation of ballot counting equipment, necessary supplies and travel 
75.16 	related to the recount; the compensation of the appropriate canvassing board and costs of 
75.17 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
75.18 	with the recount by the governing body responsible for the recount. 
75.19 	(c) The requesting candidate may provide the filing officer with a list of up to three 
75.20 	precincts that are to be recounted first and may waive the balance of the recount after these 
75.21 	precincts have been counted. If the candidate provides a list, the recount official must 
75.22 	determine the expenses for those precincts in the manner provided by paragraph (b). 
75.23 	(d) If the winner of the race is changed by the optional recount, the cost of the 
75.24 	recount must be paid by the jurisdiction conducting the recount. 
75.25 	(e) If a result of the vote counting in the manual recount is different from the result 
75.26 	of the vote counting reported on election day by a margin greater than the standard for 
75.27 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
75.28 	cost of the recount must be paid by the jurisdiction conducting the recount. 

75.29 	Sec. 128. Minnesota Statutes 2008, section 204C.35, is amended by adding a 
75.30 	subdivision to read:
75.31 		Subd. 4.Filing officer. For the purposes of this section, the secretary of state is 
75.32 	the filing officer for candidates for all federal offices and for state offices voted on in 
75.33 	more than one county. The county auditor is the filing officer for state offices voted on 
75.34 	in only one county.

76.1 	Sec. 129. Minnesota Statutes 2008, section 204C.36, subdivision 1, is amended to read:
76.2 		Subdivision 1.Required recounts. (a) Except as provided in paragraph (b) and 
76.3 	(c), a losing candidate for nomination or election to a county, municipal, or school district 
76.4 	office may request a recount of the votes cast for the nomination or election to that office if 
76.5 	the difference between the vote cast for that candidate and for a winning candidate for 
76.6 	nomination or election is less than one-half one-quarter of one percent of the total votes 
76.7 	counted for that office. In case of offices where two or more seats are being filled from 
76.8 	among all the candidates for the office, the one-half one-quarter of one percent difference 
76.9 	is between the elected candidate with the fewest votes and the candidate with the most 
76.10 	votes from among the candidates who were not elected.
76.11 	(b) A losing candidate for nomination or election to a county, municipal, or school 
76.12 	district office may request a recount of the votes cast for nomination or election to that 
76.13 	office if the difference between the votes cast for that candidate and for a winning 
76.14 	candidate for nomination or election is less than one-half of one percent of the total votes 
76.15 	counted for that office, and the total number of votes cast for the nomination or election 
76.16 	of all candidates is more than 400 but less than 25,000. In cases of offices where two or 
76.17 	more seats are being filled from among all the candidates for the office, the one-half of one 
76.18 	percent difference is between the elected candidate with the fewest votes and the candidate 
76.19 	with the most votes from among the candidates who were not elected.
76.20 	(c) A losing candidate for nomination or election to a county, municipal, or school 
76.21 	district office may request a recount of the votes cast for nomination or election to that 
76.22 	office if the difference between the vote cast for that candidate and for a winning candidate 
76.23 	for nomination or election is ten votes or less, and the total number of votes cast for the 
76.24 	nomination or election of all candidates is no more than 400. In cases of offices where two 
76.25 	or more seats are being filled from among all the candidates for the office, the ten vote 
76.26 	difference is between the elected candidate with the fewest votes and the candidate with 
76.27 	the most votes from among the candidates who were not elected.
76.28 	(c) (d) Candidates for county offices shall file a written request for the recount 
76.29 	with the county auditor. Candidates for municipal or school district offices shall file 
76.30 	a written request with the municipal or school district clerk as appropriate. All requests 
76.31 	shall be filed during the time for notice of contest of the primary or election for which a 
76.32 	recount is sought.
76.33 	(d) (e) Upon receipt of a request made pursuant to this section, the county auditor 
76.34 	shall recount the votes for a county office at the expense of the county, the governing 
76.35 	body of the municipality shall recount the votes for a municipal office at the expense of 
77.1 	the municipality, and the school board of the school district shall recount the votes for a 
77.2 	school district office at the expense of the school district.

77.3 	Sec. 130. Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:
77.4 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
77.5 	for a ballot question when the difference between the votes for and the votes against the 
77.6 	question is less than or equal to the difference provided in subdivision 1. A recount may 
77.7 	be requested by any person eligible to vote on the ballot question. A written request for a 
77.8 	recount must be filed with the filing officer of the county, municipality, or school district 
77.9 	placing the question on the ballot and must be accompanied by a petition containing the 
77.10 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
77.11 	when the difference between the votes for and the votes against the question is less than or 
77.12 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
77.13 	for a county question at the expense of the county, the governing body of the municipality 
77.14 	shall recount the votes for a municipal question at the expense of the municipality, and the 
77.15 	school board of the school district shall recount the votes for a school district question at 
77.16 	the expense of the school district. If the difference between the votes for and the votes 
77.17 	against the question is greater than the difference provided in subdivision 1, the person 
77.18 	requesting the recount shall also file with the filing officer of the county, municipality, or 
77.19 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
77.20 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
77.21 	or surety required must be filed during the time for notice of contest for the election for 
77.22 	which the recount is requested.

77.23 	Sec. 131. Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:
77.24 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
77.25 	discretionary recount, is responsible for the following expenses: the compensation of the 
77.26 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
77.27 	administrator, or other personnel who participate in the recount; the costs of computer 
77.28 	operation, preparation of ballot counting equipment, necessary supplies and travel 
77.29 	related to the recount; the compensation of the appropriate canvassing board and costs of 
77.30 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
77.31 	with the recount by the governing body responsible for the recount.

77.32 	Sec. 132. [204C.363] CANDIDATE REPRESENTATIVES.
78.1 		Subdivision 1.Requirements of representatives. Individuals acting as candidate 
78.2 	representatives in a recount must be registered to vote in this state, must provide written 
78.3 	authorization from the candidate to the recount official before being allowed to challenge 
78.4 	a ballot, and may not challenge a ballot until they have successfully completed training 
78.5 	provided by the recount official. Only one representative per candidate per precinct 
78.6 	being recounted simultaneously is allowed in the area of the room in which the recount 
78.7 	is taking place.
78.8 		Subd. 2.Obstructing recount; violations; penalty. The recount official may 
78.9 	instruct any candidate or candidate's representative who obstructs or interferes with 
78.10 	the recount to leave the room in which the recount is taking place. Any candidate or 
78.11 	candidate's representative who obstructs or interferes with the conduct of a recount or who 
78.12 	violates any provision of this section is guilty of a petty misdemeanor.

78.13 	Sec. 133. Minnesota Statutes 2008, section 204C.37, is amended to read:
78.14 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
78.15 	STATE.
78.16 	Two copies A copy of the reports report required by sections 204C.32, subdivision 
78.17 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
78.18 	auditor. Each The copy shall be enclosed in an envelope addressed to the secretary 
78.19 	of state, with the county auditor's name and official address and the words "Election 
78.20 	Returns" endorsed on the envelope. The copy of the canvassing board report not sent by 
78.21 	express mail and the precinct summary statements must be mailed sent by express mail
78.22 	or delivered to the secretary of state. If neither the copy is not received by the secretary 
78.23 	of state within ten days following the applicable election, the secretary of state shall 
78.24 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
78.25 	state by special messenger. 

78.26 	Sec. 134. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
78.27 		Subdivision 1.State primary. The state primary shall be held on the first second
78.28 	Tuesday after the second Monday in September June in each even-numbered year to 
78.29 	select the nominees of the major political parties for partisan offices and the nominees for 
78.30 	nonpartisan offices to be filled at the state general election, other than presidential electors.

78.31 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
78.32 	thereafter.

79.1 	Sec. 135. Minnesota Statutes 2008, section 204D.03, subdivision 3, is amended to read:
79.2 		Subd. 3.Exception; certain partisan candidates. (a) If no more than one 
79.3 	candidate files for nomination by a major political party for a partisan office, the candidate 
79.4 	who filed must be declared the nominee upon the close of filing. If every candidate for a 
79.5 	partisan office has been declared the nominee upon the close of filing, the office must be 
79.6 	omitted from the state primary ballot. If all offices, both partisan and nonpartisan, have 
79.7 	been omitted from the state primary ballot in a municipality or county, the governing body 
79.8 	of the municipality or county may decide that the state primary will not be conducted in 
79.9 	that municipality or county.
79.10 	(b) Within 15 days after the close of filing, each municipal clerk or county auditor 
79.11 	whose governing body has decided in accordance with section 204D.08, subdivision 4, not 
79.12 	to conduct the state primary shall post notice that the offices have been so omitted and the 
79.13 	state primary canceled and shall send a copy of the notice to the secretary of state.

79.14 	Sec. 136. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
79.15 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
79.16 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
79.17 	rotation of the names of candidates and for layout of the ballot.
79.18 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
79.19 	legal advisor of the official before delivery to the printer.
79.20 	(c) The legal advisor of a town official is not required to approve instructions 
79.21 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
79.22 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
79.23 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
79.24 	check, acceptable to the official responsible for printing the ballots, conditioned on 
79.25 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
79.26 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
79.27 	letter of credit, or certified check in an amount equal to the value of the purchase.

79.28 	Sec. 137. [204D.045] BALLOTS; FORM.
79.29 		Subdivision 1.Type. All ballots must be printed with black ink on white paper of 
79.30 	sufficient thickness to prevent the printing from being discernible from the back, except 
79.31 	that marks not to be read by the automatic tabulating equipment may be printed in another 
79.32 	color ink. All ballots must be printed in easily readable type with suitable lines dividing 
79.33 	candidates, offices, instructions, and other matter printed on ballots.
80.1 		Subd. 2.Titles. On the top of all ballots must be printed the words "Official 
80.2 	Ballot," the date of the election, and lines for the initials of at least two election judges. 
80.3 	The instructions must read:
80.4 	"To vote, completely fill in the oval(s) next to your choice(s) like this:" with the picture 
80.5 	of a completed oval; or "To vote, complete the arrow(s) pointing to your choice(s) like 
80.6 	this:" with the picture of a completed arrow. Additional instructions must include the 
80.7 	following statement: "If you make a mistake, ask for a new ballot." Directly underneath 
80.8 	the official title of each office must be printed the words "Vote for one" or "Vote for up 
80.9 	to ..." (any greater number to be elected).
80.10 		Subd. 3.Candidates and offices. The name of each candidate must be printed at a 
80.11 	right angle to the length of the ballot. The name of each candidate must be printed in upper 
80.12 	and lower case letters. Candidates' names may be set in as large type as the length of the 
80.13 	majority of names on the ballot permits. The remaining candidates' names may be set in 
80.14 	smaller sizes of type as the length of each name requires, in order to fit the available space 
80.15 	on the ballot. At a general election, the name of the political party or the political principle 
80.16 	of each candidate for partisan office must be printed below the name of the candidate. The 
80.17 	name of a political party or a political principle must be printed in capital and lowercase 
80.18 	letters of the same type. At a general election, blank lines containing the words "write-in, 
80.19 	if any" must be printed below the name of the last candidate for each office, or below the 
80.20 	title of the office if no candidate has filed for that office, so that a voter may write in the 
80.21 	names of individuals whose names are not on the ballot. One blank line must be printed 
80.22 	for each officer of that kind to be elected. At a primary, no blank lines may be provided for 
80.23 	writing in the names of individuals whose names do not appear on the primary ballot.
80.24 	In a column, and on a line with the names of the candidates and the blank lines, there 
80.25 	must be placed ovals or arrows, each oval or arrow to be of the same size, located as close 
80.26 	as possible to the name of the candidate or the words yes or no, in which the voter may 
80.27 	designate a vote by completely filling in the oval or connecting the arrow.
80.28 		Subd. 4.Question; form of ballot. When a question is to be submitted to a vote, a 
80.29 	concise statement of the nature of the question must be printed on the ballot. The words, 
80.30 	"Yes" and "No" must be printed, with an oval or arrow next to each word so that the voter 
80.31 	may indicate either a negative or affirmative vote.
80.32 		Subd. 5.Judicial candidates. The official ballot must contain the names of all 
80.33 	candidates for each judicial office and must state the number of those candidates for 
80.34 	whom a voter may vote. Each seat for an associate justice, associate judge, or judge of the 
80.35 	district court must be numbered.
81.1 	The words "Supreme Court," "Court of Appeals," and "(number) District Court" must be 
81.2 	printed above the respective judicial office groups on the ballot. The title of each judicial 
81.3 	office must be printed on the official primary and general election ballot as follows:
81.4 	(a) In the case of the Supreme Court:
81.5 	"Chief Justice";
81.6 	"Associate Justice (number)";
81.7 	(b) In the case of the Court of Appeals:
81.8 	"Judge (number)"; or
81.9 	(c) In the case of the District Court:
81.10 	"Judge (number)."
81.11 		Subd. 6.Designation of incumbent; judicial offices. If a chief justice, associate 
81.12 	justice, or judge is a candidate to succeed again, the word "Incumbent" must be printed 
81.13 	after or below that judge's name as a candidate.

81.14 	Sec. 138. [204D.046] NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE 
81.15 	WORDS.
81.16 	When the similarity of surnames of two or more candidates for the same office 
81.17 	at the same election may cause confusion to voters because the candidates also have 
81.18 	similar first names, up to three additional words may be printed on the ballot after each 
81.19 	surname to indicate the candidate's occupation, office, residence, or any combination 
81.20 	of them if the candidate furnishes the identifying words to the filing officer by the last 
81.21 	day for withdrawal of candidacy.

81.22 	Sec. 139. [204D.047] SUBSTITUTE BALLOTS.
81.23 	If a sufficient number of official ballots are not delivered or if the official ballots 
81.24 	are stolen or destroyed and a sufficient number of official ballots cannot be procured, the 
81.25 	official in charge of preparing the official ballots shall prepare substitute ballots in the 
81.26 	form prescribed by this section. The substitute ballots must be prepared in the same form 
81.27 	as official ballots as far as practicable. The word "Substitute" must be printed in brackets 
81.28 	immediately above the words "Official Ballot." When the substitute ballots are delivered 
81.29 	to the municipal clerks or election judges they must be accompanied by an initialed 
81.30 	affidavit of the officer preparing them. The affidavit must state that the substitute ballots 
81.31 	have been prepared and furnished in the manner prescribed by this section and must state 
82.1 	the reason why sufficient official ballots were not ready for delivery. The election judges 
82.2 	shall include this affidavit with the election returns from that precinct.

82.3 	Sec. 140. [204D.048] PAPER COLOR FOR SAMPLE BALLOTS; PENALTY.
82.4 	No sample ballot may be printed on white paper except when appearing in a 
82.5 	newspaper as news matter. A violation of this section is a misdemeanor.

82.6 	Sec. 141. Minnesota Statutes 2008, section 204D.05, subdivision 3, is amended to read:
82.7 		Subd. 3.County auditor to prepare. The county auditor of each county shall 
82.8 	prepare the state partisan primary ballot and the state and county nonpartisan primary 
82.9 	ballot provide all sample ballots, precinct summary statements, printed forms, and other 
82.10 	necessary supplies.

82.11 	Sec. 142. Minnesota Statutes 2008, section 204D.07, is amended to read:
82.12 	204D.07 PLACING NAMES ON BALLOTS.
82.13 		Subdivision 1.Duties of county auditor. Except as provided in subdivisions 2 and 
82.14 	3, the county auditor shall list in the appropriate place on the appropriate state primary 
82.15 	ballot the name of each candidate who has properly filed an affidavit of candidacy with 
82.16 	the auditor and of each candidate certified by the secretary of state pursuant to section 
82.17 	204D.06.  
82.18 		Subd. 2.Exception; petition candidates. The name of a candidate nominated by 
82.19 	petition shall not be placed on any the state primary ballot.
82.20 		Subd. 3.Exception; certain nonpartisan candidate. If not more than twice the 
82.21 	number of individuals to be elected to a nonpartisan office file for the nomination, their 
82.22 	names and the name of the office shall be omitted from the state and county nonpartisan
82.23 	primary ballot and the candidates who filed shall be the nominees.

82.24 	Sec. 143. Minnesota Statutes 2008, section 204D.08, is amended to read:
82.25 	204D.08 STATE PRIMARY BALLOTS.
82.26 		Subdivision 1.Form. Except as provided in this section, state primary ballots shall
82.27 	must be printed in the same manner as state general election ballots as far as practicable. 
82.28 	A sufficient number shall must be printed for each precinct and ward in the state.
82.29 	The secretary of state shall adopt rules for the format and preparation of the state 
82.30 	primary ballot.
82.31 		Subd. 1a.Heading; voter instructions; partisan and nonpartisan sections. The 
82.32 	state primary ballot must be headed by the words "State Primary Ballot." If a primary 
83.1 	ballot contains both a partisan and a nonpartisan section, the instructions to voters must 
83.2 	include a statement that reads substantially as follows: "This ballot contains a partisan and 
83.3 	a nonpartisan section. On the partisan section, you are only allowed to vote for candidates 
83.4 	of one political party." If only partisan races are listed on the ballot, above the party 
83.5 	names, the following statement must be printed. "You are only allowed to vote for the 
83.6 	candidates of one political party in a primary." If a primary ballot contains political party 
83.7 	columns on both sides of the ballot, the instructions to voters must include a statement 
83.8 	that reads substantially as follows: "Additional political parties are printed on the other 
83.9 	side of this ballot. Vote for one political party only." At the bottom of each political party 
83.10 	column on the primary ballot, the ballot must contain a statement that reads substantially 
83.11 	as follows: "Continue voting in the nonpartisan section."
83.12 		Subd. 2.Blank lines prohibited. At a primary election, no blank lines shall 
83.13 	be provided for writing in the names of individuals whose names do not appear on the 
83.14 	primary ballot.
83.15 		Subd. 3.Rotation of names. On state primary ballots the name of each candidate 
83.16 	for nomination to a partisan or nonpartisan office shall be rotated with the names of the 
83.17 	other candidates for nomination to that office in various precincts so that the name of each 
83.18 	candidate appears substantially an equal number of times at the top, at the bottom, and 
83.19 	at each intermediate place in that group of candidates. However, the arrangement of 
83.20 	candidates' names must be the same on all ballots used in the same precinct. If the number 
83.21 	of names to be rotated exceeds the number of precincts, the county auditor shall determine 
83.22 	by lot the rotation of names. If the number of candidates for an office is equal to or less 
83.23 	than the number to be elected, no rotation of candidate names is required and the official 
83.24 	preparing the ballot shall determine the position of the candidates by lot.
83.25 		Subd. 4.State partisan primary ballot; party columns. The state partisan primary 
83.26 	ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be 
83.27 	printed on white paper. There must be at least three vertical columns on the ballot and 
83.28 	each major political party shall have a separate column headed by the words ".......... 
83.29 	Party," giving the party name. Above the party names, the following statement shall be 
83.30 	printed. More than one column may be used for the same office or party.
83.31 	"Minnesota Election Law permits you to vote for the candidates of only one political 
83.32 	party in a state partisan primary election."
83.33 	If there are only two major political parties to be listed on the ballot, one party must 
83.34 	occupy the left-hand column, the other party must occupy the right-hand column, and the 
83.35 	center column must contain the following statement:
83.36 	"Do not vote for candidates of more than one party."
84.1 	The names of the candidates seeking the nomination of each major political party 
84.2 	shall be listed in that party's column. If only one individual files an affidavit of candidacy 
84.3 	seeking the nomination of a major political party for an office, the name of that individual 
84.4 	shall be placed on the state partisan primary ballot at the appropriate location in that 
84.5 	party's column.
84.6 	In each column, the candidates for senator in Congress shall be listed first, candidates 
84.7 	for representative in Congress second, candidates for state senator third, candidates for 
84.8 	state representative fourth and then candidates for state office in the order specified by 
84.9 	the secretary of state.
84.10 	If no more than one candidate files for nomination by a major political party for a 
84.11 	partisan office, the candidate who filed must be declared the nominee upon the close of 
84.12 	filing. If every candidate for a partisan office has been declared the nominee upon the 
84.13 	close of filing, the office must be omitted from the state primary ballot. If all offices, both 
84.14 	partisan and nonpartisan, have been omitted from the state primary ballot in a municipality 
84.15 	or county, the governing body of the municipality or county may decide that the state 
84.16 	primary will not be conducted in that municipality or county.
84.17 	The party columns shall be substantially the same in width, type, and appearance. 
84.18 	The columns shall be separated by a 12-point solid line.
84.19 		Subd. 5.Party columns; arrangement. The names of candidates for nomination of 
84.20 	the major political party that received the smallest average vote at the last state general 
84.21 	election must be placed in the first column on the left side of the ballot. The names of 
84.22 	candidates for nomination of the major political party that received the next smallest 
84.23 	average vote at the last state general election must be placed in the second column, and 
84.24 	so on. The average vote shall be computed in the manner provided in section 204D.13, 
84.25 	subdivision 2.  
84.26 		Subd. 6.State and county Nonpartisan primary ballot section. The state and 
84.27 	county nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary 
84.28 	Ballot." It shall be printed on canary paper. The names of candidates for nomination to the 
84.29 	Supreme Court, Court of Appeals, district court, and all county offices shall be placed 
84.30 	on this ballot.
84.31 	No candidate whose name is placed on the state and county nonpartisan primary 
84.32 	ballot section shall be designated or identified as the candidate of any political party or 
84.33 	in any other manner except as expressly provided by law.

84.34 	Sec. 144. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
85.1 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
85.2 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
85.3 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
85.4 	be voted for in the county shall be placed on the sample ballots, with the names of the 
85.5 	candidates for each office arranged alphabetically according to the surname in the base 
85.6 	rotation as determined by section 204D.08, subdivision 3. Only one sample state partisan
85.7 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
85.8 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
85.9 	auditor's office and shall cause them to be published at least one week before the state 
85.10 	primary in at least one newspaper of general circulation in the county.

85.11 	Sec. 145. Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:
85.12 		Subdivision 1.Partisan offices; nominees. The candidate for nomination of a 
85.13 	major political party for a partisan office on the state partisan primary ballot who receives 
85.14 	the highest number of votes shall be the nominee of that political party for that office, 
85.15 	except as otherwise provided in subdivision 2.

85.16 	Sec. 146. Minnesota Statutes 2008, section 204D.10, subdivision 3, is amended to read:
85.17 		Subd. 3.Nonpartisan offices; nominees. The candidates for each nonpartisan 
85.18 	office on the state and county nonpartisan primary ballot receiving the highest and the 
85.19 	next highest number of votes shall be the nominees for that office. When more than one 
85.20 	individual is to be elected to the same nonpartisan office, the number of nominees shall 
85.21 	be equal to twice the number of individuals to be elected, and that number of candidates 
85.22 	receiving the highest number of votes shall be the nominees for that office.

85.23 	Sec. 147. Minnesota Statutes 2008, section 204D.11, subdivision 1, is amended to read:
85.24 		Subdivision 1.White Ballot; rules. The names of the candidates for all partisan 
85.25 	offices voted on at the state general election shall be placed on a single ballot printed on 
85.26 	white paper which shall be known as the "white ballot." This The state general election
85.27 	ballot shall be prepared by the county auditor subject to the rules of the secretary of state. 
85.28 	The secretary of state shall adopt rules for preparation and time of delivery of the white
85.29 	ballot.

85.30 	Sec. 148. Minnesota Statutes 2008, section 204D.12, is amended to read:
85.31 	204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.
86.1 	Without payment of an additional fee, the county auditor shall place on the 
86.2 	appropriate state general election ballot the name of every candidate:
86.3 	(a) whose nomination at the state primary has been certified by the appropriate 
86.4 	canvassing board;
86.5 	(b) who has been nominated by petition, including candidates certified by the 
86.6 	secretary of state; and
86.7 	(c) who was nominated and whose name was omitted from the state nonpartisan
86.8 	primary ballot pursuant to section 204D.07, subdivision 3, or 204D.08, subdivision 4. 
86.9 	Only the names of duly nominated candidates may be placed on a ballot. 

86.10 	Sec. 149. Minnesota Statutes 2008, section 204D.13, is amended to read:
86.11 	204D.13 WHITESTATE GENERAL ELECTION BALLOT; PARTISAN
86.12 	OFFICES; CANDIDATES.
86.13 		Subdivision 1. Ballot headings. The state general election ballot must be headed 
86.14 	with the words "State General Election Ballot."
86.15 		Subd. 1a.Order of offices. The candidates for partisan offices shall be placed on the 
86.16 	whitestate general election ballot in the following order: senator in Congress shall be first; 
86.17 	representative in Congress, second; state senator, third; and state representative, fourth. 
86.18 	The candidates for state offices shall follow in the order specified by the secretary of state
86.19 	federal offices; state legislative offices; constitutional offices; proposed constitutional 
86.20 	amendments; county offices and questions; municipal offices and questions; school 
86.21 	district offices and questions; special district offices and questions; and judicial offices. 
86.22 	Candidates for president and vice president and governor and lieutenant governor shall 
86.23 	appear so that a single vote may be cast for both offices.
86.24 		Subd. 2.Order of political parties. The first name printed for each partisan office 
86.25 	on the white ballot shall be that of the candidate of the major political party that received 
86.26 	the smallest average number of votes at the last state general election. The succeeding 
86.27 	names shall be those of the candidates of the other major political parties that received 
86.28 	a succeedingly higher average number of votes respectively. For the purposes of this 
86.29 	subdivision, the average number of votes of a major political party shall be computed by 
86.30 	dividing the total number of votes counted for all of the party's candidates for statewide 
86.31 	office at the state general election by the number of those candidates at the election.
86.32 		Subd. 3.Nominees by petition; placement on ballot. The names of candidates 
86.33 	nominated by petition for a partisan office voted on at the state general election shall be 
86.34 	placed on the white ballot after the names of the candidates for that office who were 
86.35 	nominated at the state primary. Prior to the state primary, the secretary of state shall 
87.1 	determine by lot the order of candidates nominated by petition. The drawing of lots must 
87.2 	be by political party or principle. The political party or political principle of the candidate 
87.3 	as stated on the petition shall be placed after the name of a candidate nominated by 
87.4 	petition. The word "nonpartisan" shall not be used to designate any partisan candidate 
87.5 	whose name is placed on the white ballot by nominating petition.
87.6 		Subd. 4.Order of nonpartisan candidates. The names of candidates for 
87.7 	nonpartisan offices must be alternated in the manner provided for alternation of names of 
87.8 	partisan candidates on state primary ballots by section 204D.08, subdivision 4. Judicial 
87.9 	offices for a specific court for which there is only one candidate filed must appear after 
87.10 	all other judicial offices for that same court on the ballot.
87.11 		Subd. 5.Constitutional amendments. The secretary of state shall provide an 
87.12 	appropriate title for each question. The title must be approved by the attorney general and 
87.13 	consist of not more than one printed line above the question to which it refers. Just below 
87.14 	the title, a conspicuous notice must be printed stating that a voter's failure to vote on a 
87.15 	constitutional amendment has the effect of a negative vote.
87.16 		Subd. 6.Additional pages. When it would not be possible to place all offices on a 
87.17 	single ballot, the judicial offices may be placed instead on a separate ballot. This ballot 
87.18 	must be prepared by the county auditor in the manner provided in the rules of the secretary 
87.19 	of state and must be headed with the words: "Judicial General Election Ballot."

87.20 	Sec. 150. [204D.135] FEDERAL-ONLY BALLOT.
87.21 	(a) The names of all candidates for the offices of president and vice president of 
87.22 	the United States and senator and representative in Congress must be placed on a ballot 
87.23 	printed on white paper which must be known as the "federal-only ballot."
87.24 	(b) This ballot must be prepared by the county auditor in the same manner as the 
87.25 	state general election ballot and is subject to the rules adopted by the secretary of state. 
87.26 	This ballot must be prepared and furnished in accordance with the federal Uniformed and 
87.27 	Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff.
87.28 	(c) The federal-only ballot must be headed with the words "State General Election 
87.29 	Ballot."
87.30 	(d) The federal-only ballot must be the only ballot sent to citizens of the United 
87.31 	States who are eligible to vote by absentee ballot only for federal candidates in Minnesota.

87.32 	Sec. 151. Minnesota Statutes 2008, section 204D.16, is amended to read:
87.33 	204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; 
87.34 	PUBLICATION.
88.1 	Two weeks before the state general election the county auditor shall prepare sample 
88.2 	copies of the white and canary ballots with the names of the candidates in the federal, 
88.3 	state, and county races to be voted on in the county and shall post copies of these sample 
88.4 	ballots and a sample of the pink ballot in the auditor's office for public inspection. No 
88.5 	earlier than 15 days and no later than two days before the state general election the county 
88.6 	auditor shall cause the sample white and canary ballots to be published in at least one 
88.7 	newspaper of general circulation in the county.

88.8 	Sec. 152. Minnesota Statutes 2008, section 204D.165, is amended to read:
88.9 	204D.165 SAMPLE BALLOTS TO SCHOOLS.
88.10 	Notwithstanding any contrary provisions in section 204D.09 or 204D.16, the county 
88.11 	auditor, two weeks before the applicable primary or general election, shall provide one 
88.12 	copy of the sample partisan primary, nonpartisan primary, canary, white, or pinkgeneral 
88.13 	election ballot to a school district upon request. The school district may have the sample 
88.14 	ballots reproduced at its expense for classroom educational purposes and for educational 
88.15 	activities authorized under section 204B.27, subdivision 7.  

88.16 	Sec. 153. Minnesota Statutes 2008, section 204D.17, is amended to read:
88.17 	204D.17 REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE 
88.18 	REPRESENTATIVE STATE LEGISLATURE; VACANCY IN OFFICE; SPECIAL 
88.19 	ELECTION.
88.20 		Subdivision 1.Special elections; exceptions. A vacancy in the office of 
88.21 	representative in Congress or state senator or state representative shall be filled for the 
88.22 	unexpired term by special election upon the writ of the governor as provided in sections 
88.23 	204D.17 to 204D.27; except that if Congress or the legislature will not be in session before 
88.24 	the expiration of the vacant term no special election is required. 
88.25 		Subd. 2.Two or more vacancies. Two or more vacancies may be filled at the same 
88.26 	special election and the candidates may be nominated at the same special primary. Any 
88.27 	special primary or special election held pursuant to sections 204D.17 to 204D.27 may be 
88.28 	held on the same day as any other election. 

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

88.30 	Sec. 154. [204D.175] UNITED STATES SENATE; REPRESENTATIVE IN 
88.31 	CONGRESS; VACANCY IN OFFICE.
89.1 		Subdivision 1.Special election. (a) Except as otherwise provided in this section 
89.2 	and section 204D.29, a vacancy in the office of United States senator or representative 
89.3 	in Congress shall be filled for the unexpired term at a special election upon the writ of 
89.4 	the governor as provided in section 204D.22. The writ shall be issued within five days 
89.5 	after the vacancy occurs, and the special election held on a Tuesday occurring between 70 
89.6 	and 100 days after issuance of the writ. If a regularly scheduled state primary or general 
89.7 	election will occur within this period, the special election must be held on that date.
89.8 	(b) A special election held under this section must be held consistent with the 
89.9 	requirements of sections 204D.18 to 204D.27.
89.10 	(c) Notwithstanding section 204D.21, if a special primary is required, the special 
89.11 	primary must be held no later than 45 days before the special election.
89.12 		Subd. 2.Vacancy late in term. If a vacancy in office occurs after July 1 of the year 
89.13 	immediately preceding the year in which the term is to expire, a special election must not 
89.14 	be held. The candidate elected at the state general election to the next term for that office 
89.15 	shall succeed to the office immediately and serve the remainder of the unexpired term.

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

89.17 	Sec. 155. Minnesota Statutes 2008, section 204D.19, is amended to read:
89.18 	204D.19 SPECIAL ELECTIONS; STATE LEGISLATURE; WHEN HELD.
89.19 		Subdivision 1.Vacancy filled at general election. When a vacancy occurs in the 
89.20 	office of state senator or state representative  more than 150 days before the next state 
89.21 	general election, and the Congress or the legislature will not be in session before the 
89.22 	final canvass of the state general election returns, the vacancy shall be filled at the next 
89.23 	state general election.
89.24 		Subd. 2. Special election when Congress orthe legislature will be in session.
 89.25 	Except for vacancies in the legislature which occur at any time between the last day of 
89.26 	session in an odd-numbered year and the 40th day prior to the opening day of session in 
89.27 	the succeeding even-numbered year, when a vacancy occurs in the office of state senator or 
89.28 	state representative and the Congress or legislature will be in session so that the individual 
89.29 	elected as provided by this section could take office and exercise the duties of the office 
89.30 	immediately upon election, the governor shall issue within five days after the vacancy 
89.31 	occurs a writ calling for a special election. The special election shall be held as soon as 
89.32 	possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in 
89.33 	no event more than 35 days after the issuance of the writ. 
90.1 		Subd. 3.Special election at other times. When a vacancy occurs in the office of 
90.2 	state senator or state representative at a time other than those described in subdivisions 1 
90.3 	and 2 the governor shall issue a writ, calling for a special election to be held so that the 
90.4 	individual elected may take office at the opening of the next session of the Congress or of
90.5 	the legislature, or at the reconvening of a session of the Congress or of the legislature.
90.6 		Subd. 4.Writ when vacancy results from election contest. If a vacancy results 
90.7 	from a successful election contest, the governor shall issue 22 days after the first day of 
90.8 	the legislative session a writ calling for a special election unless the house in which the 
90.9 	contest may be tried has passed a resolution which states that it will or will not review 
90.10 	the court's determination of the contest. If the resolution states that the house will not 
90.11 	review the court's determination, the writ shall be issued within five days of the passage of 
90.12 	the resolution.

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

90.14 	Sec. 156. Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:
90.15 		Subdivision 1.Special primary. Except as provided in subdivision 2, the candidates 
90.16 	of the major political parties to fill a vacancy shall be nominated at a special primary. The 
90.17 	candidate of each party who receives the highest number of votes at the special primary 
90.18 	shall be nominated without reference to the ten percent requirement of section 204D.10, 
90.19 	subdivision 2.  

90.20 	Sec. 157. Minnesota Statutes 2008, section 204D.25, subdivision 1, is amended to read:
90.21 		Subdivision 1.Form. Except as provided in subdivision 2, the county auditor 
90.22 	shall prepare separate ballots for a special primary and special election as required by 
90.23 	sections 204D.17 to 204D.27. The ballots shall be headed "Special Primary Ballot" or 
90.24 	"Special Election Ballot" as the case may be, followed by the date of the special primary 
90.25 	or special election. Immediately below the title of each office to be filled shall be printed 
90.26 	the words "To fill Vacancy in term expiring ..........," with the date of expiration of the 
90.27 	term and any other information that is necessary to distinguish the office from any other 
90.28 	office to be voted upon at the same election. For a special primary or special election, the 
90.29 	instructions to voters may use the singular form of the word when referring to candidates 
90.30 	and offices when only one office is to be filled at the special election. Otherwise the form 
90.31 	of the ballots shall comply as far as practicable with the laws relating to ballots for state 
90.32 	primaries and state general elections. The county auditor shall post a sample of each ballot 
90.33 	in the auditor's office as soon as prepared and not later than four days before the special 
91.1 	primary or special election. Publication of the sample ballot for a special primary or 
91.2 	special election is not required. 

91.3 	Sec. 158. [204D.29] CONTINUITY OF CONGRESS.
91.4 		Subdivision 1.In general. (a) If the speaker of the United States House of 
91.5 	Representatives announces that vacancies in the representation from the states in the 
91.6 	House of Representatives exceed 100 and one of those vacancies is in this state, the 
91.7 	governor shall issue a writ of election to fill such vacancy by special election.
91.8 	(b) As used in this section, "speaker" means the speaker of the United States House 
91.9 	of Representatives.
91.10 		Subd. 2.Timing of special election. A special election held under this section 
91.11 	to fill a vacancy shall take place not later than 49 days after the speaker announces 
91.12 	that the vacancy exists, unless, during the 75-day period which begins on the date of 
91.13 	the announcement of the vacancy:
91.14 	(1) a regularly scheduled general election for the office involved is to be held; or
91.15 	(2) another special election for the office involved is to be held, pursuant to a writ 
91.16 	for a special election issued by the governor prior to the date of the announcement of the 
91.17 	vacancy by the speaker.
91.18 		Subd. 3.Nominations by parties. If a special election is to be held under this 
91.19 	section, the chairs of the political parties of the state shall, not later than ten days after the 
91.20 	speaker announces that the vacancy exists, certify to the secretary of state the name of 
91.21 	the person nominated to fill this vacancy.
91.22 		Subd. 4.Nominating petitions. Other candidates must file an affidavit of candidacy 
91.23 	and a nominating petition under section 204B.07 not later than ten days after the speaker 
91.24 	announces that the vacancy exists.
91.25 		Subd. 5.Protecting ability of absent military and overseas voters to participate 
91.26 	in special elections. (a) Deadline for transmittal of absentee ballots. In conducting 
91.27 	a special election held under this section to fill a vacancy in its representation, the state 
91.28 	shall ensure to the greatest extent practicable that absentee ballots for the election are 
91.29 	transmitted to voters who vote under the procedure outlined in sections 203B.16 to 
91.30 	203B.27 not later than 15 days after the speaker announces that the vacancy exists.
91.31 	(b) Period for ballot transit time. Notwithstanding the other deadlines in this 
91.32 	section, in the case of voters who vote under the procedure outlined in sections 203B.16 
91.33 	to 203B.27, any otherwise valid ballot or other election material must be processed and 
91.34 	accepted so long as the ballot or other material is received by the county auditor not later 
91.35 	than 45 days after the ballot or other material was transmitted to the voter.

92.1 	Sec. 159. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:
92.2 		Subdivision 1.Establishing primary. A municipal primary for the purpose of 
92.3 	nominating elective officers may be held in any city on the first Tuesday after the second 
92.4 	Monday in September of anyan odd-numbered year or on the date of the state primary in 
92.5 	an even-numbered year. The municipal primary must be held in the same year in which a 
92.6 	municipal general election is to be held for the purpose of electing officers.

92.7 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
92.8 	thereafter.

92.9 	Sec. 160. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
92.10 		Subd. 2.Resolution or ordinance. The governing body of a city may, by ordinance 
92.11 	or resolution adopted at least three months before the next by February 15 in the year 
92.12 	when a municipal general election, is held, elect to choose nominees for municipal offices 
92.13 	by a primary as provided in this section. The resolution or ordinance, when adopted, is 
92.14 	effective for all ensuing municipal elections until it is revoked. The municipal clerk shall 
92.15 	notify the secretary of state and the county auditor within 30 days after the adoption of the 
92.16 	resolution or ordinance.

92.17 	Sec. 161. Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision 
92.18 	to read:
92.19 		Subd. 1a.City council members; expiration of terms. The terms of all city 
92.20 	council members of charter cities expire on the first Monday in January of the year in 
92.21 	which they expire.

92.22 	Sec. 162. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
92.23 		Subdivision 1.Date of election. The general election in a town must be held on 
92.24 	the second Tuesday in March, except as provided in subdivision 2, or when moved for 
92.25 	bad weather as provided in section 365.51, subdivision 1.

92.26 	Sec. 163. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
92.27 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
92.28 	become a candidate for an office to be voted for at the municipal general election shall file 
92.29 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
92.30 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
92.31 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
92.32 	the approval of the county auditor, the town clerk may authorize candidates for township 
93.1 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
93.2 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
93.3 	shall also accept an application signed by not less than five voters and filed on behalf of an 
93.4 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
93.5 	of the application has been made on the candidate and proof of service is endorsed on the 
93.6 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
93.7 	of the candidate on the official ballot without partisan designation. 

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

93.9 	Sec. 164. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
93.10 		Subd. 1a.Filing period. In municipalities a city nominating candidates at a 
93.11 	municipal primary, an affidavit of candidacy for a city office or town office voted on in 
93.12 	November of an even-numbered year must be filed not more than 70 84 days nor less than 
93.13 	56 70 days before the first Tuesday after the second Monday in September preceding the 
93.14 	municipal general election city primary and an affidavit of candidacy for an office voted 
93.15 	on in November of an odd-numbered year must be filed not more than 70 days nor less 
93.16 	than 56 days before the city primary. In all other municipalities that do not hold a primary, 
93.17 	an affidavit of candidacy must be filed not more than 70 days and not less than 56 days 
93.18 	before the municipal general election held in March in any year or in November in an 
93.19 	odd-numbered year, or a special election not held in conjunction with another election, 
93.20 	and no more than 84 days and no less than 70 days before the municipal general election 
93.21 	held in November in an even-numbered year.

93.22 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
93.23 	thereafter.

93.24 	Sec. 165. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
93.25 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
93.26 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
93.27 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
93.28 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
93.29 	days before the first day to file affidavits of candidacy. The notice must separately list 
93.30 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
93.31 	of a term when a special election is being held to fill a vacancy as provided in section 
93.32 	412.02, subdivision 2a.

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

94.1 	Sec. 166. [205.135] ELECTION RESULTS REPORTING SYSTEM; 
94.2 	CANDIDATE FILING.
94.3 		Subdivision 1.Even-numbered year. For regularly scheduled municipal elections 
94.4 	held in an even-numbered year, the municipal clerk must provide the offices and questions 
94.5 	to be voted on in the municipality and the list of candidates for each office to the county 
94.6 	auditor for entry into the election results reporting system provided by the secretary of 
94.7 	state no later than 46 days prior to the election. With the consent of the municipal clerk, 
94.8 	the county auditor may delegate the duty to enter the information into the system to the 
94.9 	municipal clerk.
94.10 		Subd. 2.Odd-numbered year. For regularly scheduled municipal elections held in 
94.11 	an odd-numbered year, the county auditor and municipal clerk may mutually decide to 
94.12 	use the election reporting system for the election. The mutual agreement must specify 
94.13 	whether the county auditor or the municipal clerk will enter into the election results 
94.14 	reporting system the offices and questions to be voted on in the municipality and the list of 
94.15 	candidates for each office, and, after the election, the votes in each precinct for the offices 
94.16 	and questions voted on in the municipality. The county auditor must notify the secretary of 
94.17 	state of the intent to use the election reporting system at least 90 days before the election, 
94.18 	of who will be entering the data, and, if the municipal clerk will be entering the data, that 
94.19 	the office of the municipal clerk has the technological capacity to enter the data. Under 
94.20 	the agreement, either the county auditor or the municipal clerk must enter the offices and 
94.21 	questions to be voted on in the municipality and the list of candidates for each office into 
94.22 	the election results reporting system no later than 46 days before the election.

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

94.27 	Sec. 167. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
94.28 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
94.29 	clerk shall, at least one week two weeks before the election, publish a sample ballot in the 
94.30 	official newspaper of the municipality, except that the governing body of a fourth class 
94.31 	city or a town not located within a metropolitan county as defined in section 473.121
94.32 	may dispense with publication. 

94.33 	Sec. 168. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
95.1 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal clerk 
95.2 	shall at least four days two weeks before the election post a sample ballot in the clerk's 
95.3 	office for public inspection, and post a sample ballot in each polling place on election day.

95.4 	Sec. 169. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:
95.5 		Subd. 4. Notice to auditor. At least 53 days prior to every municipal election  held 
95.6 	in March in any year or in November in an odd-numbered year and 67 days prior to every 
95.7 	municipal election held in November in an even-numbered year, the municipal clerk shall 
95.8 	provide a written notice to the county auditor, including the date of the election, the offices 
95.9 	to be voted on at the election, and the title and language for each ballot question to be 
95.10 	voted on at the election. Not less than 46 days before the election in an odd-numbered 
95.11 	year and 60 days before the election in an even-numbered year, the municipal clerk must 
95.12 	provide written notice to the county auditor of any special election canceled under section 
95.13 	205.10, subdivision 6. 

95.14 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
95.15 	thereafter.

95.16 	Sec. 170. Minnesota Statutes 2008, section 205.17, subdivision 1, is amended to read:
95.17 		Subdivision 1.Second, third, and fourth class Cities; towns. In all statutory 
95.18 	and home rule charter cities of the second, third, and fourth class, and in all towns, for 
95.19 	the municipal general election not held in conjunction with a state election, the municipal 
95.20 	clerk shall have printed on light green paper the an official ballot containing the names of 
95.21 	all candidates for municipal offices. The ballot shall be printed in quantities of 25, 50, 
95.22 	or 100, shall be headed "City or Town Election Ballot," shall state the name of the city 
95.23 	or town and the date of the election, and shall conform in other respects to the white
95.24 	ballot used at the state general election. The names shall be arranged on city ballots in 
95.25 	the manner provided for the state elections. On town ballots names of the candidates for 
95.26 	each office shall be arranged either:
95.27 	(1) alphabetically according to the candidates' surnames; or
95.28 	(2) in the manner provided for state elections if the town electors chose at the town's 
95.29 	annual meeting to arrange the names in that way for at least two consecutive years.

95.30 	Sec. 171. Minnesota Statutes 2008, section 205.17, subdivision 3, is amended to read:
95.31 		Subd. 3.Primary ballots. The municipal primary ballot in cities of the second, 
95.32 	third, and fourth class and towns and the nonpartisan primary ballot in cities of the first 
95.33 	class shall conform as far as practicable with the municipal general election ballot except 
96.1 	that it shall be printed on light green paper. No blank spaces shall be provided for writing 
96.2 	in the names of candidates. The partisan primary ballot in cities of the first class shall 
96.3 	conform as far as practicable with the state partisan primary ballot.

96.4 	Sec. 172. Minnesota Statutes 2008, section 205.17, subdivision 4, is amended to read:
96.5 		Subd. 4.Blue ballots; City or town questions. All questions relating to the 
96.6 	adoption of a city charter or charter amendments, a proposition for the issuance of bonds, 
96.7 	and all other questions relating to city or town affairs submitted at an election to the voters 
96.8 	of the municipality shall be printed on one separate blue a ballot and shall be prepared, 
96.9 	printed, and distributed under the direction of the municipal clerk at the same time and in 
96.10 	the same manner as other municipal ballots. The ballots, when voted, shall be deposited in 
96.11 	a separate blue ballot box provided by the local authorities for each voting precinct. The 
96.12 	ballots shall be canvassed, counted, and returned in the same manner as other municipal 
96.13 	ballots. The returns shall provide appropriate blank spaces for the counting, canvassing, 
96.14 	and returning of the results of the questions submitted on the blue ballot.

96.15 	Sec. 173. Minnesota Statutes 2008, section 205.17, subdivision 5, is amended to read:
96.16 		Subd. 5.Statutory cities; vacancies. In statutory cities, the names of candidates to 
96.17 	fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall 
96.18 	be placed on the municipal primary and general election ballots. The names of candidates 
96.19 	to fill a vacancy in the office of council member in a statutory city shall be listed under the 
96.20 	separate heading "Special election for council member to fill Vacancy in term expiring 
96.21 	........," with the date of expiration of the term and any other information necessary to 
96.22 	distinguish the office. Under the heading for the office of mayor in a special election shall 
96.23 	be the words "To fill Vacancy in term expiring ............." 

96.24 	Sec. 174. [205.171] BALLOTS.
96.25 	In townships exempt from the requirement under section 206.57, subdivision 5, to 
96.26 	use a voting system accessible for disabled voters, ballots must be prepared in the same 
96.27 	manner as state primary and state general election ballots, to the extent practicable.

96.28 	Sec. 175. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
96.29 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
96.30 	Within sevenBetween 11 and 17 days after an a state general election, and within 17 days 
96.31 	after any other election, the governing body of a city conducting any election including 
96.32 	a special municipal election, or the governing body of a town conducting the general 
97.1 	election in November shall act as the canvassing board, canvass the returns, and declare 
97.2 	the results of the election. The governing body of a town conducting the general election 
97.3 	in March shall act as the canvassing board, canvass the returns, and declare the results of 
97.4 	the election within two days after an election.
97.5 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
97.6 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
97.7 	not be issued until the outcome of the contest has been determined by the proper court.
97.8 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
97.9 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
97.10 	certify the results of the election to the county auditor, and the clerk shall be the final 
97.11 	custodian of the ballots and the returns of the election.

97.12 	Sec. 176. Minnesota Statutes 2008, section 205.185, is amended by adding a 
97.13 	subdivision to read:
97.14 		Subd. 5.Review of rejected absentee ballots. Before an election not held 
97.15 	in conjunction with a state election, a clerk may arrange to have a certified election 
97.16 	administrator from another city or county review all ballots that were marked rejected to 
97.17 	determine whether any were rejected in error. These arrangements must be made at least 
97.18 	seven days before the date of the election. If no arrangements are made, rejected absentee 
97.19 	ballots must not be reviewed outside of an election contest under chapter 209. If the 
97.20 	certified election administrator determines that any were rejected in error, the canvassing 
97.21 	board must publicly open the return and ballot envelopes and initial and count the ballots 
97.22 	to include the votes in all races in the results canvassed by the board. The canvassing board 
97.23 	must protect the privacy of the voters' choices to the extent practicable. If the number of 
97.24 	rejected absentee ballots could not possibly change the outcome in any of the elections or 
97.25 	questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

97.26 	Sec. 177. [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
97.27 	VOTES.
97.28 	For regularly scheduled municipal elections held in November of an even-numbered 
97.29 	year, the county auditor shall enter the votes in each precinct for the questions and offices 
97.30 	voted on in the municipal election into the election results reporting system provided 
97.31 	by the secretary of state.
97.32 	If a county auditor has notified the secretary of state under section 205.135, 
97.33 	subdivision 2, of intent to use the election results reporting system for a municipal election, 
98.1 	the county auditor or the municipal clerk must enter the votes in each precinct for the 
98.2 	offices and questions voted on in the municipality into the election results reporting system.

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

98.7 	Sec. 178. Minnesota Statutes 2008, section 205.84, subdivision 1, is amended to read:
98.8 		Subdivision 1.General provisions. (a) In a city electing council members by wards, 
98.9 	wards shall be as equal in population as practicable and each ward shall be composed of 
98.10 	compact, contiguous territory. Each council member shall be a resident of the ward for 
98.11 	which elected, but, except as otherwise provided by paragraph (b), a change in ward 
98.12 	boundaries does not disqualify a council member from serving for the remainder of a term.
98.13 	(b) Notwithstanding any home rule charter provision to the contrary, in a city of the 
98.14 	first class where council members are elected by ward to serve for four years to terms that 
98.15 	are not staggered, if the population of any ward changes by five percent or more, all 
98.16 	council members must be elected to new terms at the first municipal general election 
98.17 	after ward boundaries are redefined under subdivision 2; provided, however, that if no 
98.18 	municipal general election would otherwise occur in the year ending in "2" or the year 
98.19 	ending in "3," a municipal general election must be held in one of those years.

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

98.21 	Sec. 179. Minnesota Statutes 2008, section 205.84, subdivision 2, is amended to read:
98.22 		Subd. 2.Effective date. After the official certification of the federal decennial 
98.23 	or special census, the governing body of the city shall either confirm the existing ward 
98.24 	boundaries as conforming to the standards of subdivision 1 or redefine ward boundaries 
98.25 	to conform to those standards as provided in section 204B.135, subdivision 1. If the 
98.26 	governing body of the city fails to take either action within the time required, no further 
98.27 	compensation shall be paid to the mayor or council member until the wards of the city 
98.28 	are either reconfirmed or redefined as required by this section. An ordinance establishing 
98.29 	new ward boundaries pursuant to section 204B.135, subdivision 1, becomes effective on 
98.30 	the date of the state primary election in the year ending in two, except that new ward 
98.31 	boundaries established by a municipality in a year ending in one are effective on the date 
98.32 	of the municipal primary election in the year ending in one.  

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

99.1 	Sec. 180. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
99.2 		Subdivision 1. Resolution requiring primary in certain circumstances. The 
99.3 	school board of a school district may, by resolution adopted by June 1 of any year, decide 
99.4 	to choose nominees for school board by a primary as provided in this section. The 
99.5 	resolution, when adopted, is effective for all ensuing elections of board members in that 
99.6 	school district until it is revoked. If the board decides to choose nominees by primary 
99.7 	and if there are more than two candidates for a specified school board position or more 
99.8 	than twice as many school board candidates as there are at-large school board positions 
99.9 	available, the school district must hold a primary. When a number equal to or less than 
99.10 	twice the number of individuals to be elected to a school board office file for nomination 
99.11 	for the office, the names of the candidates shall be placed upon the general election ballot 
99.12 	and the school district must not hold a primary.

99.13 	Sec. 181. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
99.14 		Subd. 2.Date. The school district primary must be held on the first Tuesday after 
99.15 	the second Monday in September of an odd-numbered year or on the date of the state 
99.16 	primary in an even-numbered year. The primary must be held in the year when the school 
99.17 	district general election is held. The clerk shall give notice of the primary in the manner 
99.18 	provided in section 205A.07.  

99.19 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
99.20 	thereafter.

99.21 	Sec. 182. [205A.045] SCHOOL DISTRICT TRANSITIONS.
99.22 		Subdivision 1.Odd year to even. (a) The governing body of a school district 
99.23 	may change from an odd-numbered year election to an even-numbered year election by 
99.24 	adopting a resolution that contains an orderly plan for the transition.  The resolution may 
99.25 	include a one time, one-year extension of the term of each board member.
99.26 	(b) The governing body of the school district must adopt the resolution permitted by 
99.27 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
99.28 	the election at which the change will take effect.
99.29 		Subd. 2.Even year to odd. (a) The governing body of a school district may change 
99.30 	from an even-numbered year election to an odd-numbered year election by adopting a 
99.31 	resolution that contains an orderly plan for the transition.  The resolution may include a 
99.32 	one time, one-year extension of the term of each board member.
100.1 	(b) The governing body of the school district must adopt the resolution permitted by 
100.2 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
100.3 	the election at which the change will take effect.

100.4 	Sec. 183. [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
100.5 	The terms of all school board members expire on the first Monday in January of the 
100.6 	year in which they expire.

100.7 	Sec. 184. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
100.8 		Subdivision 1.Questions. Special elections must be held for a school district on a 
100.9 	question on which the voters are authorized by law to pass judgment. The school board 
100.10 	may on its own motion call a special election to vote on any matter requiring approval of 
100.11 	the voters of a district. Upon petition filed with the school board  of 50 or more voters of 
100.12 	the school district or five percent of the number of voters voting at the preceding school 
100.13 	district general election, whichever is greater, the school board shall by resolution call 
100.14 	a special election to vote on any matter requiring approval of the voters of a district. 
100.15 	A question is carried only with the majority in its favor required by law. The election 
100.16 	officials for a special election are the same as for the most recent school district general 
100.17 	election unless changed according to law. Otherwise, special elections must be conducted 
100.18 	and the returns made in the manner provided for the school district general election. A 
100.19 	special election may not be held during the 30 45 days before and the 30 45 days after the 
100.20 	state primary, during the 30 45 days before and the 40 days after the state general election. 
100.21 	In addition, a special election may not be held during the 20 days before and the 20 days 
100.22 	after any regularly scheduled March election or within 45 days before and the 30 days 
100.23 	after any regularly scheduled November election of a municipality wholly or partially 
100.24 	within the school district. Notwithstanding any other law to the contrary, the time period 
100.25 	in which a special election must be conducted under any other law may be extended by the 
100.26 	school board to conform with the requirements of this subdivision.

100.27 	Sec. 185. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
100.28 		Subd. 2.Vacancies in school district offices. Special elections shall be held in 
100.29 	school districts in conjunction with school district primary and general elections to fill 
100.30 	vacancies in elective school district offices. When filling multiple at-large vacancies at the 
100.31 	same election, the candidates shall file for the multiple seats of the same office, voters will 
100.32 	be instructed to "Vote for up to..." and the candidates receiving the most votes up to the 
100.33 	number to be elected will be elected to fill the vacancies.

101.1 	Sec. 186. Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to 
101.2 	read:
101.3 		Subd. 1a. Filing period. In school districts that have adopted a resolution to choose 
101.4 	nominees for school board by a primary election, affidavits of candidacy must be filed 
101.5 	with the school district clerk no earlier than the 70th day and no later than the 56th day 
101.6 	before the first Tuesday after the second Monday in September in the year when the 
101.7 	school district general election is held in an odd-numbered year or no earlier than the 
101.8 	84th day and no later than the 70th day before the state primary when the school district 
101.9 	general election is held in an even-numbered year. In all other school districts, affidavits 
101.10 	of candidacy must be filed no earlier than the 70th day and no later than the 56th day 
101.11 	before the school district general election in an odd-numbered year and no earlier than the 
101.12 	84th day and no later than the 70th day before the election in an even-numbered year. 

101.13 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
101.14 	thereafter.

101.15 	Sec. 187. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
101.16 		Subd. 2.Sample ballot, posting. For every school district primary, general, or 
101.17 	special election, the school district clerk shall at least four days two weeks before the 
101.18 	primary, general, or special election, post a sample ballot in the administrative offices of 
101.19 	the school district for public inspection, and shall post a sample ballot in each polling 
101.20 	place on election day.

101.21 	Sec. 188. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:
101.22 		Subd. 3. Notice to auditor. At least 53 days prior to every school district election 
101.23 	in an odd-numbered year and 67 days prior to every school district election in an 
101.24 	even-numbered year, the school district clerk shall provide a written notice to the county 
101.25 	auditor of each county in which the school district is located. The notice must include the 
101.26 	date of the election, the offices to be voted on at the election, and the title and language 
101.27 	for each ballot question to be voted on at the election. For the purposes of meeting the 
101.28 	timelines of this section, in a bond election, a notice, including a proposed question, may 
101.29 	be provided to the county auditor prior to receipt of a review and comment from the 
101.30 	commissioner of education and prior to actual initiation of the election. Not less than 46 
101.31 	days before the election, the school district clerk must provide written notice to the county 
101.32 	auditor of any special election canceled under section 205A.05, subdivision 3. 

102.1 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
102.2 	thereafter.

102.3 	Sec. 189. [205A.075] ELECTION RESULTS REPORTING SYSTEM; 
102.4 	CANDIDATE FILING.
102.5 		Subdivision 1.Even-numbered year. For regularly scheduled school district 
102.6 	elections held in an even-numbered year, the school district clerk must provide the offices 
102.7 	and questions to be voted on in the school district and the list of candidates for each office 
102.8 	to the county auditor for entry into the election results reporting system provided by the 
102.9 	secretary of state no later than 46 days before the election.
102.10 		Subd. 2.Odd-numbered year. For regularly scheduled school district elections 
102.11 	held in an odd-numbered year, the county auditor and school district clerk may mutually 
102.12 	decide to use the election reporting system for the election. If so, the county auditor must 
102.13 	notify the secretary of state of intent to use the election reporting system at least 90 days 
102.14 	before the election. The county auditor must enter the offices and questions to be voted 
102.15 	on in the school district and the list of candidates for each office into the election results 
102.16 	reporting system no later than 46 days before the election.

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

102.21 	Sec. 190. [205A.076] ELECTION RESULTS REPORTING SYSTEM; 
102.22 	PRECINCT VOTES.
102.23 	For regularly scheduled school district elections held in an even-numbered year, the 
102.24 	county auditor shall enter the votes in each precinct for the questions and offices voted 
102.25 	on in the school district election into the election results reporting system provided by 
102.26 	the secretary of state.
102.27 	If a county auditor has notified the secretary of state under section 205A.075, 
102.28 	subdivision 2, of intent to use the election results reporting system for a school district 
102.29 	election, the county auditor must enter the votes in each precinct for the offices and 
102.30 	questions voted on in the school district into the election results reporting system.

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

103.3 	Sec. 191. Minnesota Statutes 2008, section 205A.08, subdivision 1, is amended to read:
103.4 		Subdivision 1.Buff General election ballot. The names of all candidates for offices 
103.5 	to be voted on at a school district general election must be placed on a single ballot printed 
103.6 	on buff paper and known as the "buff ballot.".

103.7 	Sec. 192. Minnesota Statutes 2008, section 205A.08, subdivision 3, is amended to read:
103.8 		Subd. 3.Vacancies. The names of candidates to fill vacancies at a school district 
103.9 	special election held in conjunction with the primary or general election must be placed 
103.10 	on the school district primary and general election ballots. The names of candidates to 
103.11 	fill a vacancy in the office of school board member in a school district must be listed 
103.12 	under the separate heading "Special election for school board member to fill Vacancy in 
103.13 	term expiring ........," with the date of expiration of the term and any other information 
103.14 	necessary to distinguish the office.

103.15 	Sec. 193. Minnesota Statutes 2008, section 205A.08, subdivision 4, is amended to read:
103.16 		Subd. 4.Goldenrod ballots; Questions. All questions relating to a proposition for 
103.17 	the issuance of bonds, and all other questions relating to school district affairs submitted at 
103.18 	an election to the voters of the school district, shall be printed on one separate goldenrod
103.19 	a ballot and shall be prepared, printed, and distributed under the direction of the school 
103.20 	district clerk at the same time and in the same manner as other school district ballots. 
103.21 	The ballots, when voted, shall be deposited in a separate goldenrod ballot box provided 
103.22 	by the local authorities for each voting precinct. The ballots shall be canvassed, counted, 
103.23 	and returned in the same manner as other school district ballots. The returns shall provide 
103.24 	appropriate blank spaces for the counting, canvassing, and return of the results of the 
103.25 	questions submitted on the goldenrod ballot.

103.26 	Sec. 194. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
103.27 		Subd. 2. Election, conduct. A school district election must be by secret ballot and 
103.28 	must be held and the returns made in the manner provided for the state general election, 
103.29 	as far as practicable. The vote totals from an absentee ballot board established pursuant 
103.30 	to section 203B.13203B.12 may be tabulated and reported by the school district as a 
103.31 	whole rather than by precinct. For school district elections not held in conjunction with a 
103.32 	statewide election, the school board shall appoint election judges as provided in section 
104.1 	204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21, 
104.2 	subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 
104.3 	balance in appointment of judges and to duties to be performed by judges of different 
104.4 	major political parties do not apply to school district elections not held in conjunction 
104.5 	with a statewide election. 

104.6 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
104.7 	certified that the statewide voter registration system has been tested, shown to properly 
104.8 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
104.9 	the expected volume of use.

104.10 	Sec. 195. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
104.11 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Within 
104.12 	sevenBetween 11 and 17 days after a school district election held concurrently with a 
104.13 	state general election, and within seven days after a school district election held on any 
104.14 	other date, other than a recount of a special election conducted under section 126C.17, 
104.15 	subdivision 9, or 475.59, the school board shall canvass the returns and declare the 
104.16 	results of the election. After the time for contesting elections has passed, the school 
104.17 	district clerk shall issue a certificate of election to each successful candidate. If there is a 
104.18 	contest, the certificate of election to that office must not be issued until the outcome of the 
104.19 	contest has been determined by the proper court. If there is a tie vote, the school board 
104.20 	shall determine the result by lot. The clerk shall deliver the certificate of election to the 
104.21 	successful candidate by personal service or certified mail. The successful candidate shall 
104.22 	file an acceptance and oath of office in writing with the clerk within 30 days of the date 
104.23 	of mailing or personal service. A person who fails to qualify prior to the time specified 
104.24 	shall be deemed to have refused to serve, but that filing may be made at any time before 
104.25 	action to fill the vacancy has been taken. The school district clerk shall certify the results 
104.26 	of the election to the county auditor, and the clerk shall be the final custodian of the ballots 
104.27 	and the returns of the election.  
104.28 	A school district canvassing board shall perform the duties of the school board 
104.29 	according to the requirements of this subdivision for a recount of a special election 
104.30 	conducted under section 126C.17, subdivision 9, or 475.59.  

104.31 	Sec. 196. Minnesota Statutes 2008, section 205A.10, is amended by adding a 
104.32 	subdivision to read:
104.33 		Subd. 6.Review of rejected absentee ballots. Before an election not held 
104.34 	in conjunction with a state election, a clerk may arrange to have a certified election 
105.1 	administrator from a city or county review all ballots that were marked rejected to 
105.2 	determine whether any were rejected in error. These arrangements must be made at least 
105.3 	seven days before the date of the election. If no arrangements are made, rejected absentee 
105.4 	ballots must not be reviewed outside of an election contest under chapter 209. If the 
105.5 	certified election administrator determines that any were rejected in error, the canvassing 
105.6 	board must publicly open the return and ballot envelopes and initial and count the ballots 
105.7 	to include the votes in all races in the results canvassed by the board. The canvassing board 
105.8 	must protect the privacy of the voters' choices to the extent practicable. If the number of 
105.9 	rejected absentee ballots could not possibly change the outcome in any of the elections or 
105.10 	questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

105.11 	Sec. 197. Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:
105.12 		Subd. 3.Procedure. The designation of a polling place under this section remains 
105.13 	effective until a different polling place is designated. No designation of a new or different 
105.14 	polling place becomes effective less than 90 days before an election, except that a new 
105.15 	polling place may be designated to replace a polling place that has become unavailable 
105.16 	for use. The school board must notify the county auditor within 30 days after the 
105.17 	establishment of a polling place as provided in this section. The notice must include a list 
105.18 	of the precincts that will be voting at each polling place. The school board must send the 
105.19 	notice required by section 204B.16, subdivision 1a, after a polling place is established 
105.20 	as provided in this section, but no additional notices of this kind are required for any 
105.21 	subsequent similar elections until the location of the polling place or the combination 
105.22 	of precincts voting at the polling place is changed. The secretary of state shall provide 
105.23 	a single polling place roster for use in any polling place established as provided in this 
105.24 	section. A single set of election judges must be appointed to serve in the polling place. 
105.25 	The number of election judges required must be based on the total number of persons 
105.26 	voting at the last similar election in all the precincts to be voting at the single polling 
105.27 	place. A single ballot box may be provided for all the ballots. 

105.28 	Sec. 198. Minnesota Statutes 2008, section 206.56, subdivision 3, is amended to read:
105.29 		Subd. 3.Ballot. "Ballot" includes paper ballots, ballot cards designed to be counted 
105.30 	by hand, ballots marked so that votes may be counted by automatic tabulating equipment, 
105.31 	and the paper ballot marked by an electronic marking device.

105.32 	Sec. 199. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
106.1 		Subd. 6.Required certification. In addition to the requirements in subdivision 
106.2 	1, a voting system must be certified by an independent testing authority approved
106.3 	accredited by the secretary of state and conform to current standards for voting equipment
106.4 	Election Assistance Commission at the time of submission of the application required by 
106.5 	subdivision 1 to be in conformity with voluntary voting system guidelines issued by 
106.6 	the Federal Election Commission or its successor, the Election Assistance Commission. 
106.7 	The application must be accompanied by the certification report of the voting systems 
106.8 	test laboratory. A certification under this section from an independent testing authority 
106.9 	accredited by the Election Assistance Commission meets the requirement of Minnesota 
106.10 	Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the 
106.11 	voting system to the secretary of state. A chair of a major political party or the secretary 
106.12 	of state may select, in consultation with the vendor, an independent third-party evaluator 
106.13 	to examine the source code to ensure that it functions as represented by the vendor and 
106.14 	that the code is free from defects. A major political party that elects to have the source 
106.15 	code examined must pay for the examination. Except as provided by this subdivision, 
106.16 	source code that is trade secret information must be treated as nonpublic information, 
106.17 	in accordance with section 13.37. A third-party evaluator must not disclose the source 
106.18 	code to anyone else. 

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

106.20 	Sec. 200. Minnesota Statutes 2008, section 206.82, subdivision 2, is amended to read:
106.21 		Subd. 2. Plan.  The municipal clerk in a municipality where an electronic voting 
106.22 	system is used and the county auditor of a county in which an electronic voting system is 
106.23 	used in more than one municipality and the county auditor of a county in which a counting 
106.24 	center serving more than one municipality is located shall prepare a plan which indicates 
106.25 	acquisition of sufficient facilities, computer time, and professional services and which 
106.26 	describes the proposed manner of complying with section 206.80. The plan must be 
106.27 	signed, notarized, and submitted to the secretary of state more than 60 days before the first 
106.28 	election at which the municipality uses an electronic voting system. Prior to July 1 of each 
106.29 	odd-numbered year, and at least ten weeks before the date of the state primary in each 
106.30 	subsequent general election year, the clerk or auditor shall submit to the secretary of state 
106.31 	notification of any changes to the plan on file with the secretary of state. The secretary of 
106.32 	state shall review each plan for its sufficiency and may request technical assistance from 
106.33 	the Department of Administration or other agency which may be operating as the central 
106.34 	computer authority. The secretary of state shall notify each reporting authority of the 
106.35 	sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney 
107.1 	general, upon request of the secretary of state, may seek a district court order requiring 
107.2 	an election official to fulfill duties imposed by this subdivision or by rules promulgated 
107.3 	pursuant to this section. 

107.4 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
107.5 	thereafter.

107.6 	Sec. 201. Minnesota Statutes 2008, section 206.83, is amended to read:
107.7 	206.83 TESTING OF VOTING SYSTEMS.
107.8 	Within 14 days before election day, The official in charge of elections shall have 
107.9 	the voting system tested to ascertain that the system will correctly mark ballots using all 
107.10 	methods supported by the system, including through assistive technology, and count the 
107.11 	votes cast for all candidates and on all questions. Public notice of the time and place of the 
107.12 	test must be given at least two days in advance by publication once in official newspapers. 
107.13 	The test must be observed by at least two election judges, who are not of the same major 
107.14 	political party, and must be open to representatives of the political parties, candidates, the 
107.15 	press, and the public. The test must be conducted by (1) processing a preaudited group 
107.16 	of ballots punched or marked to record a predetermined number of valid votes for each 
107.17 	candidate and on each question, and must include for each office one or more ballot cards
107.18 	ballots which have votes in excess of the number allowed by law in order to test the ability 
107.19 	of the voting system tabulator and electronic ballot marker to reject those votes; and (2) 
107.20 	processing an additional test deck of ballots marked using the electronic ballot marker 
107.21 	for the precinct, including ballots marked using the electronic ballot display, audio ballot 
107.22 	reader, and any assistive voting technology used with the electronic ballot marker. If any 
107.23 	error is detected, the cause must be ascertained and corrected and an errorless count must 
107.24 	be made before the voting system may be used in the election. After the completion of the 
107.25 	test, the programs used and ballot cards ballots must be sealed, retained, and disposed of 
107.26 	as provided for paper other ballots.
107.27 	Testing of equipment used for early voting must be conducted as soon as practicable 
107.28 	after the equipment has been programmed. Testing of equipment used on the day of the 
107.29 	election must be conducted within the 14 days before election day.

107.30 	Sec. 202. Minnesota Statutes 2008, section 206.84, subdivision 3, is amended to read:
107.31 		Subd. 3.Ballots. The ballot information must be in the same order provided for 
107.32 	paper ballots, except that the information may be in vertical or horizontal rows, or on a 
107.33 	number of separate pages. The secretary of state shall provide by rule for standard ballot 
108.1 	formats for electronic voting systems. Electronic ballot displays and audio ballot readers 
108.2 	shall be in the order provided for on the optical scan ballot. Electronic ballot displays may 
108.3 	employ zooms or other devices as assistive voting technology. Audio ballot readers may 
108.4 	employ rewinds or audio cues as assistive voting technology.
108.5 	Ballot cards Ballots may contain special printed marks as required for proper 
108.6 	positioning and reading of the ballots by electronic vote counting equipment. Ballot cards
108.7 	Ballots must contain an identification of the precinct for which they have been prepared 
108.8 	which can be read visually and which can be tabulated by the automatic tabulating 
108.9 	equipment.

108.10 	Sec. 203. Minnesota Statutes 2008, section 206.86, subdivision 6, is amended to read:
108.11 		Subd. 6.Final tabulation Requirements. A final tabulation of ballots must be 
108.12 	obtained from the automatic tabulating equipment after all damaged or defective cards 
108.13 	have been replaced. The final tabulation, together with the returns of write-in and absentee 
108.14 	votes and the precinct summary statements prepared in accordance with section 204C.24, 
108.15 	constitute the official return of each precinct. Upon completion of the count the returns 
108.16 	are open to the public. The automatic tabulating equipment must be programmed to 
108.17 	provide a complete recapitulation of all ballots processed. It may be programmed to 
108.18 	provide information in addition to that required in the official return of each precinct, if the 
108.19 	officials in charge of elections deem that advisable in order to provide election statistics to 
108.20 	evaluate the performance of the electronic voting system or other aspects of the election. 

108.21 	Sec. 204. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
108.22 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
108.23 	county canvassing board in each county must set the date, time, and place for the 
108.24 	postelection review of the state general election to be held under this section. 
108.25 	At the canvass of the state general election, the county canvassing boards must select 
108.26 	the precincts to be reviewed by lot. The early ballots counted centrally and the ballots 
108.27 	counted by each ballot board must be considered a precinct eligible to be selected for the 
108.28 	purposes of this subdivision. The county canvassing board of a county with fewer than 
108.29 	50,000 registered voters must conduct a postelection review of a total of at least two 
108.30 	precincts.  The county canvassing board of a county with between 50,000 and 100,000 
108.31 	registered voters must conduct a review of a total of at least three precincts.  The county 
108.32 	canvassing board of a county with over 100,000 registered voters must conduct a review 
108.33 	of a total of at least four precincts, or three percent of the total number of precincts in the 
109.1 	county, whichever is greater.   At least one precinct selected in each county must have had 
109.2 	more than 150 votes cast at the general election. 
109.3 	The county auditor must notify the secretary of state of the precincts that have been 
109.4 	chosen for review and the time and place the postelection review for that county will be 
109.5 	conducted, as soon as the decisions are made. If the selection of precincts has  not resulted 
109.6 	in the selection of at least four precincts in each congressional district, the  secretary of state 
109.7 	may require counties to select by lot additional precincts to meet the  congressional district 
109.8 	requirement. The secretary of state must post this information on the office Web site. 

109.9 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
109.10 	certified that the statewide voter registration system has been tested, shown to properly 
109.11 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
109.12 	the expected volume of use.

109.13 	Sec. 205. Minnesota Statutes 2008, section 206.89, subdivision 3, is amended to read:
109.14 		Subd. 3. Scope and conduct of review.  The county canvassing board shall appoint 
109.15 	the postelection review official as defined in subdivision 1. The postelection review must 
109.16 	be conducted of the votes cast for president or governor; United States senator; and United 
109.17 	States representative, except that a review of a race must not be conducted if that race is 
109.18 	subject to an automatic recount under section 204C.35. The postelection review official 
109.19 	may conduct postelection review of the votes cast for additional offices.
109.20 	The postelection review must be conducted in public at the location where the 
109.21 	voted ballots have been securely stored after the state general election or at another 
109.22 	location chosen by the county canvassing board. The postelection review official for 
109.23 	each precinct selected must conduct the postelection review and may be assisted by 
109.24 	election judges designated by the postelection review official for this purpose. The party 
109.25 	balance requirement of section 204B.19 applies to election judges designated for the 
109.26 	review. The postelection review must consist of a manual count of the ballots used in the 
109.27 	precincts selected and must be performed in the manner provided by section 204C.21. 
109.28 	The postelection review must be conducted in the manner provided for recounts under 
109.29 	section 204C.361 to the extent practicable. The review must be completed no later 
109.30 	than two days before the meeting of the state canvassing board to certify the results of 
109.31 	the state general election.

109.32 	Sec. 206. Minnesota Statutes 2008, section 206.90, subdivision 9, is amended to read:
109.33 		Subd. 9.Spoiled ballot cards ballots. Automatic tabulating equipment and 
109.34 	electronic ballot markers must be capable of examining a ballot card for defects and 
110.1 	returning it to the voter before it is counted and deposited into the ballot box and must be 
110.2 	programmed to return as a spoiled ballot a ballot card with votes for an office or question 
110.3 	which exceed the number which the voter is entitled to cast and at a primary a ballot card
110.4 	with votes for candidates of more than one party.

110.5 	Sec. 207. Minnesota Statutes 2008, section 206.90, subdivision 10, is amended to read:
110.6 		Subd. 10.Counting write-in votes. In precincts using optical scan voting systems, 
110.7 	the judges shall count the write-in votes and enter the number of those votes on forms 
110.8 	provided for the purpose. When the write-in votes are recorded on a medium that cannot 
110.9 	be examined for write-in votes by the automatic tabulating equipment or the automatic 
110.10 	tabulating equipment does not reject, with respect to write-in votes, all votes for an office 
110.11 	or question when the number of votes cast on it exceeds the number which the voter is 
110.12 	entitled to count, all ballot envelopes or other medium on which write-in votes have been 
110.13 	recorded must be serially numbered, starting with the number one and the same number 
110.14 	must be placed on the ballot card of the voter. The judges shall compare the write-in votes 
110.15 	with the votes cast on the ballot card. If the total number of votes for any office exceeds 
110.16 	the number allowed by law, a notation to that effect must be entered on the back of the 
110.17 	ballot card and the card must be returned to the counting center in an envelope marked 
110.18 	"defective ballots"; however, valid votes on ballot cards containing invalid votes must 
110.19 	be counted as provided in section 206.86, subdivision 5.
110.20 	When the write-in votes are recorded on ballot cards that can be examined for 
110.21 	write-in votes by the automatic tabulating equipment and the automatic tabulating 
110.22 	equipment rejects all votes for an office or question when the number of votes cast on it 
110.23 	exceeds the number which the voter is entitled to cast, the judges shall examine the ballot 
110.24 	cards with write-in votes and count the valid write-in votes.

110.25 	Sec. 208. Minnesota Statutes 2008, section 208.03, is amended to read:
110.26 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
110.27 	Presidential electors for the major political parties of this state shall be nominated 
110.28 	by delegate conventions called and held under the supervision of the respective state 
110.29 	central committees of the parties of this state. On or before primary At least 70 days 
110.30 	before the general  election day the chair of the major political party shall certify to the 
110.31 	secretary of state the names of the persons nominated as presidential electors, the names 
110.32 	of eight alternate presidential electors, and the names of the party candidates for president 
110.33 	and vice president. The chair shall also certify that the party candidates for president and 
111.1 	vice president have no affidavit on file as a candidate for any office in this state at the 
111.2 	ensuing general election.

111.3 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
111.4 	thereafter.

111.5 	Sec. 209. Minnesota Statutes 2008, section 208.04, is amended to read:
111.6 	208.04 PREPARATION OF BALLOTS.
111.7 		Subdivision 1.Form of presidential ballots. When presidential electors and 
111.8 	alternates are to be voted for, a vote cast for the party candidates for president and vice 
111.9 	president shall be deemed a vote for that party's electors and alternates as filed with the 
111.10 	secretary of state. The secretary of state shall certify the names of all duly nominated 
111.11 	presidential and vice presidential candidates to the county auditors of the counties of 
111.12 	the state. Each county auditor, subject to the rules of the secretary of state, shall cause 
111.13 	the names of the candidates of each major political party and the candidates nominated 
111.14 	by petition to be printed in capital upper and lowercase letters, set in type of the same 
111.15 	size and style as for candidates on the state white ballot, before the party designation. 
111.16 	To the left of, and on the same line with the names of the candidates for president and 
111.17 	vice president, near the margin, shall be placed a square or box, in which the voters may 
111.18 	indicate their choice by marking an "X."
111.19 	The form for the presidential ballot and the relative position of the several candidates 
111.20 	shall be determined by the rules applicable to other state officers. The state ballot, with 
111.21 	the required heading, shall be printed on the same piece of paper and shall be below the 
111.22 	presidential ballot with a blank space between one inch in width.
111.23 		Subd. 2.Applicable rules. The rules for preparation, state contribution to the cost 
111.24 	of printing, and delivery of presidential ballots are the same as the rules for white state 
111.25 	general election ballots under section 204D.11, subdivision 1. 

111.26 	Sec. 210. Minnesota Statutes 2008, section 211B.045, is amended to read:
111.27 	211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
111.28 	In any municipality, whether or not the municipality has an ordinance that regulates 
111.29 	the size or number of noncommercial signs, all noncommercial signs of any size may be 
111.30 	posted in any number from August 1 45 days before the state primary in a state general 
111.31 	election year until ten days following the state general election.

111.32 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
111.33 	thereafter.

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

112.10 	Sec. 212. Minnesota Statutes 2008, section 211B.20, subdivision 1, is amended to read:
112.11 		Subdivision 1.Prohibition. (a) It is unlawful for a person, either directly or 
112.12 	indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured 
112.13 	home park, other multiple unit facility used as a residence, or an area in which two or 
112.14 	more single-family dwellings are located on private roadways to a candidate who has 
112.15 	filed for election to public office organized a campaign committee as permitted by state 
112.16 	or federal law, or otherwise notified a public official as required by law for a county, 
112.17 	municipal, or school district office, for the purpose of seeking election to a public office at 
112.18 	the next general election to be held for that office, or to campaign workers accompanied 
112.19 	by the candidate, if:
112.20 	(1) the candidate and workers seeking admittance to the facility do so solely
112.21 	exclusively for the purpose of campaigning for a candidate or registering voters; and
112.22 	(2) the candidate and any campaign workers accompanying the candidate are within 
112.23 	the territory for which the candidate is currently on file for election.
112.24 	(b) A candidate and campaign workers obtaining access under this section must be 
112.25 	permitted to leave campaign materials for residents at their doors, except that the manager 
112.26 	of a nursing home may direct that the campaign materials be left at a central location. The 
112.27 	materials must be left in an orderly manner.
112.28 	(c) A violation of this section is a petty misdemeanor.

112.29 	Sec. 213. Minnesota Statutes 2008, section 211B.20, subdivision 2, is amended to read:
112.30 		Subd. 2.Exceptions. Subdivision 1 does not prohibit:
112.31 	(1) denial of admittance into a particular apartment, room, manufactured home, or 
112.32 	personal residential unit;
112.33 	(2) requiring reasonable and proper identification as a necessary prerequisite to 
112.34 	admission to a multiple unit dwelling;
113.1 	(3) in the case of a nursing home, or a registered housing with services establishment 
113.2 	providing assisted living services meeting the requirements of section 144G.03, 
113.3 	subdivision 2, denial of permission to visit certain persons for valid health reasons;
113.4 	(4) limiting visits by candidates or workers accompanied by the candidate to a 
113.5 	reasonable number of persons or reasonable hours;
113.6 	(5) requiring a prior appointment to gain access to the facility; or
113.7 	(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.

113.8 	Sec. 214. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
113.9 		Subd. 2a.Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an 
113.10 	office shall be filled by council appointment until an election is held as provided in this 
113.11 	subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
113.12 	(1) If the vacancy occurs before the first day to file affidavits of candidacy for 
113.13 	the next regular city election and more than two years remain in the unexpired term, a 
113.14 	special election shall be held at or before the next regular city election and the appointed 
113.15 	person shall serve until the qualification of a successor elected at a special election to fill 
113.16 	the unexpired portion of the term. The council must specify by ordinance under what 
113.17 	circumstances it will hold a special election to fill a vacancy other than a special election 
113.18 	held at the same time as the regular city election. If, because of a vacancy, more than one 
113.19 	council member is to be chosen at the same election, candidates for council member shall 
113.20 	file for either a two-year or a four-year term. If more than one candidate is to be elected 
113.21 	for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the 
113.22 	number of candidates to be elected for the two-year or four-year term.
113.23 	(2) If the vacancy occurs on or after the first day to file affidavits of candidacy for 
113.24 	the regular city election or when less than two years remain in the unexpired term, there 
113.25 	need not be a special election to fill the vacancy and the appointed person shall serve 
113.26 	until the qualification of a successor. The council must specify by ordinance under what 
113.27 	circumstances it will hold a special election to fill a vacancy other than a special election 
113.28 	held at the same time as the regular city election.

113.29 	Sec. 215. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
113.30 		Subd. 4.Effective date of incorporation. The incorporation shall be effective upon 
113.31 	the election and qualification of new municipal officers or on such later date as is fixed by 
113.32 	the director's order. The effective date must not fall within the 21 days before a regularly 
113.33 	scheduled election. Failure to comply with the provisions of this subdivision with respect 
114.1 	to regularly scheduled elections, or to set the right effective date in relation to regularly 
114.2 	scheduled elections, does not invalidate the annexation.

114.3 	Sec. 216. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
114.4 		Subd. 6.Effective date of annexation. The annexation shall be effective as of the 
114.5 	date fixed in the annexation order or on a later date fixed in the annexation order. The 
114.6 	effective date must not fall within the 21 days before a regularly scheduled election. 
114.7 	Failure to comply with the provisions of this subdivision with respect to regularly 
114.8 	scheduled elections, or to set the right effective date in relation to regularly scheduled 
114.9 	elections, does not invalidate the annexation.

114.10 	Sec. 217. Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to 
114.11 	read:
114.12 		Subdivision 1. Initiating the proceeding. (a) One or more townships and one or 
114.13 	more municipalities, by joint resolution, may designate an unincorporated area as in 
114.14 	need of orderly annexation. One or more municipalities, by joint resolution with the 
114.15 	county, may designate an unincorporated area in which there is no organized township 
114.16 	government as in need of orderly annexation. 
114.17 	(b) A designated area is any area which the signatories to a joint resolution for 
114.18 	orderly annexation have identified as being appropriate for annexation, either currently 
114.19 	or at some point in the future, pursuant to the negotiated terms and conditions set forth 
114.20 	in the joint resolution. Land described as a designated area is not, by virtue of being so 
114.21 	described, considered also to be annexed for purposes of this chapter. 
114.22 	(c) The joint resolution will confer jurisdiction on the chief administrative law judge 
114.23 	over annexations in the designated area and over the various provisions in said agreement 
114.24 	by submission of said joint resolution to the chief administrative law judge. 
114.25 	(d) The resolution shall include a description of the designated area and the reasons 
114.26 	for designation. 
114.27 	(e) Thereafter, an annexation of any part of the designated area may be initiated by: 
114.28 	(1) submitting to the chief administrative law judge a resolution of any signatory 
114.29 	to the joint resolution; or 
114.30 	(2) the chief administrative law judge. 
114.31 	(f) Whenever a state agency, other than the pollution control agency, orders a 
114.32 	municipality to extend a municipal service to an area, the order confers jurisdiction on the 
114.33 	chief administrative law judge to consider designation of the area for orderly annexation. 
115.1 	(g) If a joint resolution designates an area as in need of orderly annexation and states 
115.2 	that no alteration of its stated boundaries is appropriate, the chief administrative law judge 
115.3 	may review and comment, but may not alter the boundaries. 
115.4 	(h) If a joint resolution designates an area as in need of orderly annexation, provides 
115.5 	for the conditions for its annexation, and states that no consideration by the chief 
115.6 	administrative law judge is necessary, the chief administrative law judge may review and 
115.7 	comment, but shall, within 30 days, order the annexation in accordance with the terms of 
115.8 	the resolution.  A joint resolution filed within the 51 days before a regularly scheduled 
115.9 	election must provide in the conditions for its annexation that the annexation will not be 
115.10 	effective until the day after the regularly scheduled election. Failure to comply with the 
115.11 	provisions of this subdivision with respect to regularly scheduled elections, or to set 
115.12 	the right effective date in relation to regularly scheduled elections, does not invalidate 
115.13 	the annexation.

115.14 	Sec. 218. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to 
115.15 	read:
115.16 		Subd. 4.Effective date of annexation. The chief administrative law judge's order 
115.17 	shall be effective upon the issuance of the order or at such later time as is provided in the 
115.18 	order. The effective date must not fall within the 21 days before a regularly scheduled 
115.19 	election. Failure to comply with the provisions of this subdivision with respect to regularly 
115.20 	scheduled elections, or to set the right effective date in relation to regularly scheduled 
115.21 	elections, does not invalidate the annexation.

115.22 	Sec. 219. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
115.23 		Subd. 7.Filing; effective date; copy to auditors. Any annexation ordinance 
115.24 	provided for in this section must be filed with the chief administrative law judge, the 
115.25 	township, the county auditor and the secretary of state and is final on the date the 
115.26 	ordinance is approved by the chief administrative law judge, except that an ordinance 
115.27 	approved within the 21 days before a regularly scheduled election is not effective until 
115.28 	the day after the regularly scheduled election. A copy of the annexation ordinance must 
115.29 	be delivered immediately by the governing body of the municipality to the appropriate 
115.30 	county auditors. Failure to comply with the provisions of this subdivision with respect 
115.31 	to regularly scheduled elections, or to set the right effective date in relation to regularly 
115.32 	scheduled elections, does not invalidate the annexation.

115.33 	Sec. 220. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
116.1 		Subd. 4.Candidates; ballots; certifying election. A person who wants to be a 
116.2 	candidate for the hospital board shall file an affidavit of candidacy for the election either 
116.3 	as member at large or as a member representing the city or town where the candidate 
116.4 	resides. The affidavit of candidacy must be filed with the city or town clerk not more 
116.5 	than 70 84 days nor less than 56 70 days before the first Tuesday after the first Monday 
116.6 	in November of the year in which the general election is held and no more than 70 days 
116.7 	and no less than 56 days before the election in an odd-numbered year. The city or town 
116.8 	clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the 
116.9 	first election, the clerk of the most populous city or town immediately after the last day of 
116.10 	the filing period. A candidate may withdraw from the election by filing an affidavit of 
116.11 	withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last 
116.12 	day to file affidavits of candidacy.
116.13 	Voting must be by secret ballot. The clerk shall prepare, at the expense of the 
116.14 	district, necessary ballots for the election of officers. Ballots must be printed on tan paper 
116.15 	and prepared as provided in the rules of the secretary of state.  In hospital district elections 
116.16 	not held in conjunction with other elections, ballots shall be prepared in the same manner 
116.17 	as state primary and state general election ballots, to the extent practicable. The ballots 
116.18 	must be marked and initialed by at least two judges as official ballots and used exclusively 
116.19 	at the election. Any proposition to be voted on may be printed on the ballot provided for 
116.20 	the election of officers. The hospital board may also authorize the use of voting systems 
116.21 	subject to chapter 206. Enough election judges may be appointed to receive the votes at 
116.22 	each polling place. The election judges shall act as clerks of election, count the ballots 
116.23 	cast, and submit them to the board for canvass.
116.24 	After canvassing the election, the board shall issue a certificate of election to the 
116.25 	candidate who received the largest number of votes cast for each office. The clerk shall 
116.26 	deliver the certificate to the person entitled to it in person or by certified mail. Each person 
116.27 	certified shall file an acceptance and oath of office in writing with the clerk within 30 
116.28 	days after the date of delivery or mailing of the certificate. The board may fill any office 
116.29 	as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 
116.30 	qualification is effective if made before the board acts to fill the vacancy.

116.31 	Sec. 221. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
116.32 		Subd. 2.Optical scan equipment. $6,000,000 is appropriated from the Help 
116.33 	America Vote Act account to the secretary of state for grants to counties to purchase 
116.34 	optical scan voting equipment. Counties are eligible for grants to the extent that they 
116.35 	decide to purchase ballot marking machines and as a result do not have sufficient Help 
117.1 	America Vote Act grant money remaining to also purchase a compatible precinct-based 
117.2 	optical scan machine or central-count machine. These grants must be allocated to counties 
117.3 	at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority 
117.4 	in the payment of grants to be given to counties currently using hand- and central-count 
117.5 	voting systems and counties using precinct-count optical scan voting systems incompatible 
117.6 	with assistive voting systems or ballot marking machines. This appropriation is available 
117.7 	until June 30, 2009 2012.

117.8 	Sec. 222.  REPEALER.
 117.9 	(a) Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 5; 
117.10 	203B.10; 203B.13, subdivisions 1, 2, 3, and 4; 203B.25; 204B.12, subdivision 2a; 
117.11 	204B.13, subdivisions 4, 5, and 6; 204B.22, subdivision 3; 204B.36; 204B.37; 204B.38; 
117.12 	204B.39; 204B.41; 204B.42; 204C.07, subdivision 3; 204C.13, subdivision 4; 204C.20, 
117.13 	subdivision 3; 204C.23; 204D.05, subdivisions 1 and 2; 204D.10, subdivision 2; 204D.11, 
117.14 	subdivisions 2, 3, 4, 5, and 6; 204D.14, subdivisions 1 and 3; 204D.15, subdivisions 
117.15 	1 and 3; 204D.169; 204D.28; 205.17, subdivision 2; 206.56, subdivision 5; 206.57, 
117.16 	subdivision 7; 206.61, subdivisions 1, 3, 4, and 5; 206.62; 206.805, subdivision 2; 206.84, 
117.17 	subdivisions 1, 6, and 7; 206.86, subdivisions 1, 2, 3, 4, and 5; 206.90, subdivisions 3, 
117.18 	5, 6, 7, and 8; and 206.91, are repealed.
117.19 	(b) Minnesota Statutes 2008, section 203B.11, subdivision 2, is repealed.
117.20 	(c) Minnesota Rules, part 8230.4365, subpart 5, is repealed.

117.21 	Sec. 223. EFFECTIVE DATE.
 117.22 	Sections 10, 21, 22, 24, 38, 51 to 56, 201, and section 222, paragraph (b), are 
117.23 	effective when the secretary of state has certified that:
117.24 	(1) the statewide voter registration system has been tested, shown to properly allow 
117.25 	for the tracking of the information required to conduct early voting, and can handle the 
117.26 	expected volume of use; and 
117.27 	(2) that voting equipment that can tabulate at least 30 different ballot styles has 
117.28 	been certified for use in this state.
117.29 	Upon certification, sections 10, 21, 22, 24, 38, and 51 to 56 apply to all federal, state, 
117.30 	county, and city elections held in conjunction with the state primary in 2010 and thereafter, 
117.31 	and to all other elections held in 2014 and thereafter. A municipality may implement the 
117.32 	requirements of this chapter before the date provided in this paragraph, if the secretary of 
117.33 	state has made the certification required by this section at least 90 days before the date of 
117.34 	the election when early voting will be used.