1.1 	A bill for an act
1.2 	relating to elections; changing certain absentee ballot requirements and 
1.3 	provisions;amending Minnesota Statutes 2008, sections 203B.04, subdivisions 
1.4 	1, 6; 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivision 
1.5 	3; 203B.08, subdivisions 2, 3; 203B.12; 203B.23, subdivision 2; 203B.24, 
1.6 	subdivision 1; 203B.26; 204B.45, subdivision 2; 204B.46; 204C.10; 204C.13, 
1.7 	subdivision 6; 204C.27; 204C.30, by adding a subdivision; 204C.33, subdivisions 
1.8 	1, 3; 205.185, subdivision 3; 205A.10, subdivisions 2, 3; 206.89, subdivision 2; 
1.9 	proposing coding for new law in Minnesota Statutes, chapter 203B; repealing 
1.10 	Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.13; 
1.11 	203B.25.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
1.14 		Subdivision 1. Application procedures. Except as otherwise allowed by 
1.15 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
1.16 	for any election may be submitted at any time not less than one day before the day of 
1.17 	that election. The county auditor shall prepare absentee ballot application forms in the 
1.18 	format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 
1.19 	and shall furnish them to any person on request. By January 1 of each even-numbered 
1.20 	year, the secretary of state shall make the forms to be used available to auditors through 
1.21 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
1.22 	and shall be submitted to: 
1.23 	(a)(1) the county auditor of the county where the applicant maintains residence; or 
1.24 	(b)(2) the municipal clerk of the municipality, or school district if applicable, where 
1.25 	the applicant maintains residence. 
1.26 	An application shall be approved if it is timely received, signed and dated by the 
1.27 	applicant, contains the applicant's name and residence and mailing addresses, and states 
2.1 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
2.2 	section 203B.02. The application maymust contain a request for the voter'sapplicant's 
2.3 	date of birth, whichthe applicant's Minnesota driver's license or state identification card 
2.4 	number, and the last four digits of the applicant's Social Security number, if the applicant 
2.5 	has these numbers, an oath that the information contained on the form is accurate, that the 
2.6 	applicant is applying on the applicant's own behalf, and that the applicant is signing the 
2.7 	form under penalty of perjury. An applicant's full date of birth, driver's license or state 
2.8 	identification number, and the last four digits of the applicant's Social Security number 
2.9 	must not be made available for public inspection. An application may be submitted to 
2.10 	the county auditor or municipal clerk by an electronic facsimile device. An application 
2.11 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
2.12 	by a person other than the voter must be deposited in the mail or returned in person to 
2.13 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
2.14 	and no later than six days before the election. The absentee ballot applications or a list of 
2.15 	persons applying for an absentee ballot may not be made available for public inspection 
2.16 	until the close of voting on election day. 
2.17 	An application under this subdivision may contain an application under subdivision 
2.18 	56 to automatically receive an absentee ballot application. 

2.19 	Sec. 2. Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:
2.20 		Subd. 6.Ongoing absentee status; termination. (a) An eligible voter may apply to 
2.21 	a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably 
2.22 	expects to meet the requirements of section 203B.02, subdivision 1. The voter may 
2.23 	decline to receive an absentee ballot for one or more elections if that request is received 
2.24 	by the county auditor or municipal clerk at least five days before the deadline in section 
2.25 	204B.35 for delivering ballots for the election to which it applies. Sixty days before each 
2.26 	state primary, the county auditor must send each voter with ongoing absentee ballot status 
2.27 	a nonforwardable postcard to notify the voter when the voter can expect to receive the 
2.28 	ballots. Each applicant must automatically be provided with an absentee ballot application
2.29 	for each ensuing election other than an election by mail conducted under section 204B.45, 
2.30 	or as otherwise requested by the voter, and must have the status of ongoing absentee voter 
2.31 	indicated on the voter's registration record.
2.32 	(b) Ongoing absentee voter status ends on:
2.33 	(1) the voter's written request;
2.34 	(2) the voter's death;
2.35 	(3) return of an ongoing absentee ballot as undeliverable;
3.1 	(4) a change in the voter's status so that the voter is not eligible to vote under section 
3.2 	201.15 or 201.155; or
3.3 	(5) placement of the voter's registration on inactive status under section 201.171.
3.4 	By May 1, 2010, each county auditor shall mail an explanation of the changes to the 
3.5 	ongoing absentee balloting process and an updated ongoing absentee voter application to 
3.6 	every voter with ongoing absentee ballot status in their county. A voter must return the 
3.7 	application to maintain the voter's status as an ongoing absentee voter. Upon receipt of 
3.8 	a completed application, the county auditor shall scan an image of the application and 
3.9 	update the voter's record with any new or changed information.

3.10 	Sec. 3. Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:
3.11 		Subdivision 1.Generally. The full-time clerk of any city or town shall administer 
3.12 	the provisions of sections 203B.04 to 203B.15 if: 
3.13 	(a)(1) the county auditor of that county has designated the clerk to administer 
3.14 	them; or
3.15 	(b)(2) the clerk has given the county auditor of that county notice of intention 
3.16 	to administer them.
3.17 	To be designated under this subdivision, the office of the clerk must have the 
3.18 	technical capacity to access the absentee module of the statewide voter registration system 
3.19 	in the secure manner prescribed by the secretary of state. The secretary of state must 
3.20 	identify hardware, software, security, or other technical prerequisites necessary to ensure 
3.21 	the security, access controls, and performance of the statewide voter registration system. 
3.22 	Clerks designated under this subdivision must receive training approved by the secretary 
3.23 	of state on the use of the statewide voter registration system. Clerks may not use the 
3.24 	statewide voter registration system until they have received the required training.

3.25 	Sec. 4. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
3.26 		Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 
3.27 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
3.28 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
3.29 	are available for distribution shall mail them to the address specified in the application. 
3.30 	If an application for absentee ballots is accepted when absentee ballots are available for 
3.31 	distribution, the county auditor or municipal clerk accepting the application shall promptly: 
3.32 	(1) mail the ballots to the voter whose signature appears on the application if the 
3.33 	application is submitted by mail and does not request commercial shipping under clause 
3.34 	(2); 
4.1 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
4.2 	the voter's expense; 
4.3 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
4.4 	person; or 
4.5 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
4.6 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
4.7 	voter who would have difficulty getting to the polls because of incapacitating health 
4.8 	reasons, or who is disabled, or who is a patient in a health care facility, a resident of 
4.9 	a facility providing assisted living services governed by chapter 144G, a participant in 
4.10 	a residential program for adults licensed under section 245A.02, subdivision 14, or a 
4.11 	resident of a shelter for battered women as defined in section 611A.37, subdivision 4. 
4.12 	(b) If an application does not indicate the election for which absentee ballots are 
4.13 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the 
4.14 	next election occurring after receipt of the application. Only one set of ballots may be 
4.15 	mailed, shipped, or delivered to an applicant for any election, except as provided in section 
4.16 	203B.13 203B.12, subdivision 2 3a, or when a replacement ballot has been requested by 
4.17 	the voter for a ballot that has been spoiled or lost in transit. 

4.18 	Sec. 5. [203B.065] RECORDING APPLICATIONS.
4.19 	Upon accepting an application for a state primary or state general election, the 
4.20 	county auditor or municipal clerk shall record in the statewide registration system the 
4.21 	voter's name, address of residence in Minnesota, mailing address, Minnesota driver's 
4.22 	license or state identification number, or the last four digits of the voter's Social Security 
4.23 	number, if provided by the voter, that an absentee ballot has been transmitted to the voter, 
4.24 	the method of transmission, and the date of transmission.
4.25 	Upon receipt of a returned absentee ballot for a state primary or state general 
4.26 	election, the county auditor or municipal clerk shall record in the statewide voter 
4.27 	registration system that the voter has returned the ballot.
4.28 	Upon receipt of notice that the ballot board has accepted or rejected the absentee 
4.29 	ballot for a state primary or state general election, the county auditor or municipal clerk 
4.30 	shall record in the statewide voter registration system whether the ballot was accepted or 
4.31 	rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to 
4.32 	the voter, the county auditor or municipal clerk shall record this in the statewide voter 
4.33 	registration system.

4.34 	Sec. 6. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
5.1 		Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot 
5.2 	shall be printed on the back of the return envelope. The certificate shall contain space for 
5.3 	the voter's Minnesota driver's license, state identification number, or the last four digits of 
5.4 	the voter's Social Security number or to indicate that they do not have one, and a statement 
5.5 	to be signed and sworn by the voter indicating that the voter meets all of the requirements 
5.6 	established by law for voting by absentee ballot, that the ballots were unmarked when 
5.7 	received by the voter, and that the voter personally marked the ballots without showing 
5.8 	how they were marked, or, if the voter was physically unable to mark them, that the voter 
5.9 	directed another individual to mark them. If the voter was not previously registered at that 
5.10 	address, the certificate shall also contain space for a statement signed by a person who 
5.11 	is registered to vote in Minnesota or by a notary public or other individual authorized to 
5.12 	administer oathsa United States citizen stating that:
5.13 	(1) the ballots were displayed to that individual unmarked; 
5.14 	(2) the voter marked the ballots in that individual's presence without showing how 
5.15 	they were marked, or, if the voter was physically unable to mark them, that the voter 
5.16 	directed another individual to mark them; and 
5.17 	(3) if the voter was not previously registered, the voter has provided proof of 
5.18 	residence as required by section 201.061, subdivision 3. 

5.19 	Sec. 7. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
5.20 		Subd. 2.Address on return envelopes. The county auditor or municipal clerk shall 
5.21 	address return envelopes to allow direct mailing of the absentee ballots to:
5.22 	(a) the county auditor or municipal clerk who sent the ballots to the voter;  has the 
5.23 	responsibility to accept and reject the absentee ballots.
5.24 	(b) the clerk of the town or city in which the absent voter is eligible to vote; or
5.25 	(c) the appropriate election judges.

5.26 	Sec. 8. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
5.27 		Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 
5.28 	county auditor or municipal clerk, that official shall stamp or initial and date the return 
5.29 	envelope and place it in a secure location with other return envelopes received by that 
5.30 	office. Within five days of receipt, the county auditor or municipal clerk shall deliver to the 
5.31 	appropriate election judges on election day all ballots received before or with the last mail 
5.32 	delivery by the United States Postal Service on election day. A town clerk may request the 
5.33 	United States Postal Service to deliver absentee ballots to the polling place on election 
5.34 	day instead of to the official address of the town clerk. ballot board all ballots received, 
6.1 	except that during the 14 days immediately preceding an election, the county auditor or 
6.2 	municipal clerk shall deliver all ballots received to the ballot board within three days.

6.3 	Sec. 9. Minnesota Statutes 2008, section 203B.12, is amended to read:
6.4 	203B.12 ELECTION JUDGES TO RECEIVE AND COUNT BALLOTS
6.5 	BALLOT BOARDS.
6.6 		Subdivision 1.Receipt of return envelopes Establishment. The election judges in 
6.7 	each precinct or the judges of an absentee ballot board shall take possession of all return 
6.8 	envelopes delivered to them in accordance with section 203B.08. The governing body 
6.9 	of a county, municipality, or school district authorized to administer absentee ballots 
6.10 	must, by ordinance or resolution, authorize a ballot board. The board must consist of 
6.11 	a sufficient number of election judges appointed as provided in sections 204B.19 to 
6.12 	204B.22. The board may consist of staff trained and certified as election judges, in which 
6.13 	case, the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating 
6.14 	to party balance in appointment of judges and to duties to be performed by judges of 
6.15 	different major political parties.
6.16 		Subd. 1a.Compensation of members. Each jurisdiction must pay a reasonable 
6.17 	compensation to each member of the ballot board for that jurisdiction for services 
6.18 	rendered during each election.
6.19 		Subd. 1b.Applicable laws. Except as otherwise provided by this section, all of 
6.20 	the laws applicable to absentee ballots and absentee voters and all other provisions of the 
6.21 	Minnesota election law apply to a ballot board.
6.22 		Subd. 1c.Receipt of return envelopes. The election judges of a ballot board shall 
6.23 	take possession of all return envelopes delivered to them in accordance with section 
6.24 	203B.08.
6.25 		Subd. 2.Examination of return envelopes. Upon receipt from the county auditor, 
6.26 	municipal clerk, or school district clerk, two or more election judgesmembers of the ballot 
6.27 	board shall examine each return envelope and shall mark it accepted or rejected in the 
6.28 	manner provided in this subdivision. If a ballot has been prepared under section 204B.12, 
6.29 	subdivision 2a, or 204B.41, the election judgesmembers of the ballot board shall not begin 
6.30 	removing ballot envelopes from the return envelopes until 8:00 p.m. on election day, 
6.31 	either in the polling place or at an absentee ballot board established under section 203B.13.
6.32 	The election judgesmembers of the ballot board shall mark the return envelope 
6.33 	"Accepted" and initial or sign the return envelope below the word "Accepted" if the 
6.34 	election judgesmembers of the ballot board or a majority of them are satisfied that:
7.1 	(1) the voter's name and address on the return envelope are the same as the 
7.2 	information provided on the absentee ballot application;
7.3 	(2) the voter's signature on the return envelope is the genuine signature of the 
7.4 	individual who made the application for ballots and the certificate has been completed as 
7.5 	prescribed in the directions for casting an absentee ballot, except that if a person other than 
7.6 	the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is 
7.7 	not required to match voter signed the certification on the envelope;
7.8 	(3) the voter's Minnesota driver's license, state identification number, or the last four 
7.9 	digits of the voter's Social Security number are the same as the number provided on the 
7.10 	voter's application for ballots. If the number does not match the number as submitted on 
7.11 	the application or if a number was not submitted on the application, the election judges 
7.12 	must make a reasonable effort to satisfy themselves through other information provided 
7.13 	by the applicant that the ballots were returned by the same person to whom the ballots 
7.14 	were transmitted;
7.15 	(3)(4) the voter is registered and eligible to vote in the precinct or has included a 
7.16 	properly completed voter registration application in the return envelope; and
7.17 	(4)(5) the voter has not already voted at that election, either in person or by absentee 
7.18 	ballot.
7.19 	There is no other reason for rejecting an absentee ballot. In particular, failure to 
7.20 	place the ballot within the security envelope before placing it in the outer white envelope 
7.21 	is not a reason to reject an absentee ballot.
7.22 	The return envelope from accepted ballots must be preserved and returned to the 
7.23 	county auditor.
7.24 	If all or a majority of the election judgesmembers of the ballot board examining 
7.25 	return envelopes find that an absent voter has failed to meet one of the requirements 
7.26 	prescribed in clauses (1) to (4) (5), they shall mark the return envelope "Rejected," initial 
7.27 	or sign it below the word "Rejected," and return it to the county auditor.
7.28 		Subd. 3.Notation on polling place roster. (a) If the return envelope is marked with 
7.29 	the word "Accepted," the election judges shall record the fact that the voter has voted by 
7.30 	absentee ballot on the polling place roster. This must be done by placing the letters "A.B."
7.31 	in the appropriate space on the roster or in a supplemental report provided to the precinct. 
7.32 	In state primaries and state general elections, this fact must be noted in the statewide 
7.33 	voter registration system. 
7.34 	(b) After a registration record has been marked to record that an individual has voted 
7.35 	by absentee ballot, the individual shall not be allowed to vote in person at that election.
8.1 		Subd. 3a.Rejected ballots. If an envelope has been rejected at least five days 
8.2 	before the election, the envelope must remain sealed and the official in charge of the ballot 
8.3 	board shall provide the voter with a replacement absentee ballot and return envelope in 
8.4 	place of the rejected ballot. Notwithstanding any rule to the contrary, the official in charge 
8.5 	of the election need not write "Replacement" on the replacement ballot.
8.6 	If the ballot is rejected within five days of the election, the envelope must remain 
8.7 	sealed and the official in charge of the ballot board must attempt to contact the voter by 
8.8 	telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official 
8.9 	must document the attempts made to contact the voter.
8.10 		Subd. 4.Placement in container; Opening and counting of ballots. The ballot 
8.11 	envelopesballots from return envelopes marked "Accepted" shall be placed by the election 
8.12 	judges in a separate absentee ballot container. The container and each ballot envelope may 
8.13 	be opened only after the last regular mail delivery by the United States postal service 
8.14 	on election day. The ballots shall then beopened, duplicated as needed in the manner 
8.15 	provided by section 206.86, subdivision 5, initialed by the election judges in the same 
8.16 	manner as ballots delivered by them to voters in personmembers of the ballot board, and 
8.17 	shall be deposited in the appropriate ballot box.
8.18 	If more than one ballot of any kind is enclosed in the ballot envelope, none of the 
8.19 	ballots of that kind shall be counted but all ballots of that kind shall be returned in the 
8.20 	manner provided by section 204C.25 for return of spoiled ballots.  
8.21 		Subd. 4a.Storage and counting of ballots. The ballot board must:
8.22 	(1) remove the ballots from the ballot box and seal and secure them at the end of 
8.23 	each day on which absentee ballots were inserted into the ballot box;
8.24 	(2) ensure that the number of ballots removed from the ballot box is equal to the 
8.25 	number of absentee ballots accepted that day;
8.26 	(3) prior to the opening of the polls on election day, mark the rosters or provide to 
8.27 	the precinct a supplemental report of voters whose absentee ballot was accepted after the 
8.28 	polling place rosters were generated; and
8.29 	(4) verify that voters have not voted in person whose absentee ballots arrived 
8.30 	after the rosters were marked or the supplemental report was generated, before opening, 
8.31 	duplicating as needed, and inserting these ballots into the ballot box.
8.32 	After the polls have closed, the ballot board must count the ballots, tabulating the 
8.33 	vote in a manner that indicates each vote of the voter and the total votes cast for each 
8.34 	candidate or question. In state primary and state general elections, the results must 
8.35 	indicate the total votes cast for each candidate or question in each precinct and report the 
9.1 	vote totals tabulated for each precinct. The count shall be public. No vote totals from 
9.2 	ballots may be made public before the close of voting on election day.
9.3 	In state primary and state general elections, these vote totals shall be added to the 
9.4 	vote totals on the summary statements of the returns for the appropriate precinct. In other 
9.5 	elections, these vote totals may be added to the vote totals on the summary statement of 
9.6 	returns for the appropriate precinct or may be reported as a separate total.
9.7 	If the task has not been completed previously, members of the ballot board must 
9.8 	verify within 48 hours after election day that voters whose absentee ballots arrived after 
9.9 	the rosters were marked or supplemental reports were generated and whose ballots were 
9.10 	accepted did not vote in person on election day, before the members of the ballot board 
9.11 	open the ballot envelopes, duplicate the ballots as needed, insert the ballots into the ballot 
9.12 	box, count the ballots, and add the votes from these totals to the votes from the appropriate 
9.13 	precincts.
9.14 		Subd. 6.Exception for municipalities or school districts with absentee ballot 
9.15 	boards. In municipalities or school districts with an absentee ballot board, the election 
9.16 	judges in each precinct shall receive and process return envelopes and ballot envelopes as 
9.17 	provided in this section except that the ballot envelopes from return envelopes marked 
9.18 	"Accepted" shall be delivered in an absentee ballot container to the absentee ballot board 
9.19 	for the counting of ballots as soon as possible after processing. Other law to the contrary 
9.20 	notwithstanding, the governing body of a municipality or the school board of a school 
9.21 	district with an absentee ballot precinct may authorize the judges of the absentee ballot 
9.22 	precinct to validate ballots in the manner provided in this section. The vote totals provided 
9.23 	by the absentee ballot board shall be included in the vote totals on the summary statements 
9.24 	of the returns for the precinct in which they were received.
9.25 		Subd. 7.Names of persons submitting absentee ballots. The names of voters who 
9.26 	have submitted an absentee ballot return envelope to the county auditor or municipal 
9.27 	clerk that has not been accepted by a ballot board may not be made available for public 
9.28 	inspection until the close of voting on election day.

9.29 	Sec. 10. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
9.30 		Subd. 2. Duties. The absentee ballot board must examine all returned absentee 
9.31 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
9.32 	the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 
9.33 	eligibility is not printed on the return or administrative envelope, the certificate must 
9.34 	be attached to the ballot secrecy envelope. 
10.1 	The absentee ballot board must immediately examine the return envelopes and mark 
10.2 	them "accepted" or "rejected" during the 30 days before the election. If an envelope has 
10.3 	been rejected at least five days before the election, the ballots in the envelope must be 
10.4 	considered spoiled ballots and the official in charge of the absentee ballot board must 
10.5 	provide the voter with a replacement absentee ballot and return envelope in place of 
10.6 	the spoiled ballot. 
10.7 	Except for federal write-in absentee ballots, the ballots from return envelopes 
10.8 	marked "Accepted" must be opened, duplicated as needed in the manner provided by 
10.9 	section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited 
10.10 	in the appropriate ballot box.
10.11 	Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as 
10.12 	needed in the manner provided by section 206.86, subdivision 5, initialed by the members 
10.13 	of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the 
10.14 	fourth day before the election, unless the voter has submitted another absentee ballot with 
10.15 	a later postmark which has been accepted by the board.
10.16 	In all other respects, the provisions of the Minnesota Election Law governing 
10.17 	deposit and counting of ballots apply.
10.18 	No vote totals from absentee ballots may be made public before the close of voting 
10.19 	on election day.

10.20 	Sec. 11. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
10.21 		Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon 
10.22 	receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 
10.23 	election judgesmembers of the ballot board shall compare the voter's name with the 
10.24 	names recorded under section 203B.19 in the statewide registration system to insure that 
10.25 	the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to 
10.26 	203B.27. The election judgesmembers of the ballot board shall mark the return envelope 
10.27 	"Accepted" and initial or sign the return envelope below the word "Accepted" if the 
10.28 	election judgesmembers of the ballot board are satisfied that: 
10.29 	(1) the voter's name on the return envelope appears in substantially the same form as 
10.30 	on the application records provided to the election judges by the county auditor; 
10.31 	(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 
10.32 	the Help America Vote Act, Public Law 107-252; 
10.33 	(3) the voter has set forth the same voter's passport number, or Minnesota driver's 
10.34 	license or state identification card number, or the last four digits of the voter's Social 
11.1 	Security number as submitted on the application, if the voter has one of these documents; 
11.2 	and
11.3 	(4) the voter is not known to have died; and
11.4 	(5) the voter has not already voted at that election, either in person or by absentee 
11.5 	ballot. 
11.6 	If the identification number described in clause (3) does not match the number 
11.7 	as submitted on the application, the election judgesmembers of the ballot board must 
11.8 	make a reasonable effort to satisfy themselves through other information provided by the 
11.9 	applicant, or by an individual authorized to apply on behalf of the voter, that the ballots 
11.10 	were returned by the same person to whom the ballots were transmitted. 
11.11 	An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be 
11.12 	rejected for the lack of one of clauses (1) to (4) (5). In particular, failure to place the 
11.13 	ballot within the security envelope before placing it in the outer white envelope is not a 
11.14 	reason to reject an absentee ballot. 
11.15 	Election judgesMembers of the ballot board must note the reason for rejection on 
11.16 	the back of the envelope in the space provided for that purpose. 
11.17 	Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 
11.18 	shall not be counted if the certificate on the return envelope is not properly executed. In 
11.19 	all other respects the provisions of the Minnesota Election Law governing deposit and 
11.20 	counting of ballots shall apply. Notwithstanding other provisions of this section, the 
11.21 	counting of the absentee ballot of a deceased voter does not invalidate the election.

11.22 	Sec. 12. Minnesota Statutes 2008, section 203B.26, is amended to read:
11.23 	203B.26 SEPARATE RECORD. 
11.24 	A separate record of the ballots of absent voters cast under sections 203B.16 to 
11.25 	203B.27 must be generated from the statewide registration system for each precinct 
11.26 	and provided to the election judges in the polling place on election day, along with the 
11.27 	returned envelopes marked "accepted" by the absentee ballot board. The content of the 
11.28 	record must be in a form prescribed by the secretary of state. The election judges in the 
11.29 	polling place must note on the record any envelopes that had been marked "accepted" by 
11.30 	the absentee ballot board but were not counted. The election judges must preserve the 
11.31 	record and return it to the county auditor or municipal clerk with the election dayretained 
11.32 	with the other election materials. 

11.33 	Sec. 13. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
12.1 		Subd. 2. Procedure. Notice of the election and the special mail procedure must be 
12.2 	given at least six weeks prior to the election. Not more than 30 days nor later than 14 days 
12.3 	prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters 
12.4 	registered in the town or unorganized territory. No later than 14 days before the election, 
12.5 	the auditor must make a subsequent mailing of ballots to those voters who register to vote 
12.6 	after the initial mailing but before the 20th day before the election. Eligible voters not 
12.7 	registered at the time the ballots are mailed may apply for ballots as provided in chapter 
12.8 	203B. Ballot return envelopes, with return postage provided, must be preaddressed to the 
12.9 	auditor or clerk and the voter may return the ballot by mail or in person to the office of 
12.10 	the auditor or clerk. The auditor or clerk maymust appoint election judgesa ballot board 
12.11 	to examine the return envelopes and mark them "accepted" or "rejected" during the 30 
12.12 	days before the election. within three days of receipt. The board may consist of staff 
12.13 	trained and certified as election judges, in which case, the board is exempt from sections 
12.14 	204B.19, subdivision 5, and 204C.15, relating to party balance in appointment of judges 
12.15 	and to duties to be performed by judges of different major political parties. If an envelope 
12.16 	has been rejected at least five days before the election, the ballots in the envelope must 
12.17 	be considered spoiled ballotsremain sealed and the auditor or clerk shall provide the 
12.18 	voter with a replacement ballot and return envelope in place of the spoiled ballot. If the 
12.19 	ballot is rejected within five days of the election, the envelope must remain sealed and 
12.20 	the official in charge of the ballot board must attempt to contact the voter by telephone 
12.21 	or e-mail to notify the voter that the voter's ballot has been rejected. The official must 
12.22 	document the attempts made to contact the voter.
12.23 	Notwithstanding any rule to the contrary, the ballots from return envelopes marked 
12.24 	"Accepted" must be promptly opened, duplicated as needed in the manner provided 
12.25 	by section 206.86, subdivision 5, initialed by the election judges, and deposited in the 
12.26 	appropriate ballot box.
12.27 	In all other respects, the provisions of the Minnesota Election Law governing 
12.28 	deposit and counting of ballots apply.
12.29 	No vote totals from mail or absentee ballots may be made public before the close 
12.30 	of voting on election day.
12.31 	The costs of the mailing shall be paid by the election jurisdiction in which the voter 
12.32 	resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 

12.33 	Sec. 14. Minnesota Statutes 2008, section 204B.46, is amended to read:
12.34 	204B.46 MAIL ELECTIONS; QUESTIONS. 
13.1 	A county, municipality, or school district submitting questions to the voters at a 
13.2 	special election may conduct an election by mail with no polling place other than the 
13.3 	office of the auditor or clerk. No more than two questions may be submitted at a mail 
13.4 	election and no offices may be voted on. Notice of the election must be given to the county 
13.5 	auditor at least 53 days prior to the election. This notice shall also fulfill the requirements 
13.6 	of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted 
13.7 	at least six weeks prior to the election. No earlier than 20 or later than 14 days prior to 
13.8 	the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters 
13.9 	registered in the county, municipality, or school district. Eligible voters not registered 
13.10 	at the time the ballots are mailed may apply for ballots pursuant to chapter 203B. The 
13.11 	auditor or clerk must appoint a ballot board to examine the return envelopes and mark 
13.12 	them "Accepted" or "Rejected" within three days of receipt. The board may consist of 
13.13 	staff trained and certified as election judges, in which case, the board is exempt from 
13.14 	sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment of 
13.15 	judges and to duties to be performed by judges of different major political parties. If an 
13.16 	envelope has been rejected at least five days before the election, the ballots in the envelope 
13.17 	must remain sealed and the auditor or clerk must provide the voter with a replacement 
13.18 	ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within 
13.19 	five days of the election, the envelope must remain sealed and the official in charge of 
13.20 	the ballot board must attempt to contact the voter by telephone or e-mail to notify the 
13.21 	voter that the voter's ballot has been rejected. The official must document the attempts 
13.22 	made to contact the voter.
13.23 	Notwithstanding any rule to the contrary, the ballots from return envelopes marked 
13.24 	"Accepted" must be promptly opened, duplicated as needed in the manner provided 
13.25 	by section 206.86, subdivision 5, initialed by the election judges, and deposited in the 
13.26 	appropriate ballot box.
13.27 	In all other respects, the provisions of the Minnesota Election Law governing 
13.28 	deposit and counting of ballots apply.
13.29 	No vote totals from mail ballots may be made public before the close of voting 
13.30 	on election day.

13.31 	Sec. 15. Minnesota Statutes 2008, section 204C.10, is amended to read:
13.32 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
13.33 	REGISTRATION.
13.34 	(a) An individual seeking to vote shall sign a polling place roster which states 
13.35 	that the individual is at least 18 years of age, a citizen of the United States, has resided 
14.1 	in Minnesota for 20 days immediately preceding the election, maintains residence at 
14.2 	the address shown, is not under a guardianship in which the court order revokes the 
14.3 	individual's right to vote, has not been found by a court of law to be legally incompetent 
14.4 	to vote or has the right to vote because, if the individual was convicted of a felony, the 
14.5 	felony sentence has expired or been completed or the individual has been discharged from 
14.6 	the sentence, is registered and has not already voted in the election. The roster must also 
14.7 	state: ". The polling place roster must state: "I certify that I have not already voted in 
14.8 	this election. I certify that I am at least 18 years of age and a citizen of the United States; 
14.9 	that I reside at the address shown and have resided in Minnesota for 20 days immediately 
14.10 	preceding this election; that I am not under guardianship of the person in which the court 
14.11 	order revokes my right to vote, have not been found by a court to be legally incompetent 
14.12 	to vote, and that if convicted of a felony, my felony sentence has expired (been completed) 
14.13 	or I have been discharged from my sentence; and that I am registered and will be voting 
14.14 	only in this precinct. I understand that deliberately providing false information is a felony 
14.15 	punishable by not more than five years imprisonment and a fine of not more than $10,000, 
14.16 	or both." The words "I have not already voted in this election" and "I understand that 
14.17 	providing false information is a felony" must be in bold type.
14.18 	(b) A judge may, before the applicant signs the roster, confirm the applicant's name, 
14.19 	address, and date of birth. If the municipal clerk has not marked the roster in accordance 
14.20 	with section 203B.12, subdivision 4a, clause (3), the election judge must review the 
14.21 	supplemental list of those who voted early or by absentee ballot to ensure that the voter's 
14.22 	name is not on the list. If a voter's name is on the list, the voter must not be allowed to 
14.23 	sign the roster or to vote on election day.
14.24 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
14.25 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
14.26 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
14.27 	voters' receipts must be maintained during the time for notice of filing an election contest.

14.28 	Sec. 16. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
14.29 		Subd. 6.Challenge of voter; time limits; disposition of ballots. At any time 
14.30 	before the ballots of any voter are deposited in the ballot boxes, the election judges or any 
14.31 	individual who was not present at the time the voter procured the ballots, but not otherwise, 
14.32 	may challenge the eligibility of that voter and the deposit of any received absentee ballots 
14.33 	in the ballot boxes. The election judges shall determine the eligibility of any voter who is 
14.34 	present in the polling place in the manner provided in section 204C.12, and if the voter is 
14.35 	found to be not eligible to vote, shall place the ballots of that voter unopened among the 
15.1 	spoiled ballots. The election judges shall determine whether to receive or reject the ballots 
15.2 	of an absent voter and whether to deposit received absentee ballots in the ballot boxes in 
15.3 	the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any 
15.4 	absentee ballots not received or deposited in the manner provided in section 203B.12. A 
15.5 	violation of this subdivision by an election judge is a gross misdemeanor. 

15.6 	Sec. 17. Minnesota Statutes 2008, section 204C.27, is amended to read:
15.7 	204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
15.8 		Subdivision 1.Election supplies. One or more of the election judges in each 
15.9 	precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and 
15.10 	gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either 
15.11 	directly to the municipal clerk for transmittal to the county auditor's office or directly to 
15.12 	the county auditor's office as soon as possible after the vote counting is completed but 
15.13 	no later than 24 hours after the end of the hours for voting. One or more election judges 
15.14 	shall deliver the remaining set of summary statements and returns, all unused and spoiled 
15.15 	municipal and school district ballots, the envelopes containing municipal and school 
15.16 	district ballots, and all other things furnished by the municipal or school district clerk, to 
15.17 	the municipal or school district clerk's office within 24 hours after the end of the hours 
15.18 	for voting. The municipal or school district clerk shall return all polling place rosters and 
15.19 	completed voter registration cards to the county auditor within 48 hours after the end 
15.20 	of the hours for voting.
15.21 		Subd. 2.Rejected absentee ballots. All absentee ballots that were rejected and 
15.22 	their accompanying absentee ballot applications must be delivered to the county auditor 
15.23 	within 48 hours after the end of the hours for voting.

15.24 	Sec. 18. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
15.25 	subdivision to read:
15.26 		Subd. 3.Review of rejected absentee ballots. Prior to the meeting of the county 
15.27 	canvassing board to canvass the results of the state general election, the county auditor 
15.28 	must review any absentee ballots that were marked rejected to determine whether any were 
15.29 	rejected in error. If the county canvassing board agrees that any ballots were rejected in 
15.30 	error, the board must publicly open the return and ballot envelopes and initial and count the 
15.31 	ballots to include the votes in all races in the results canvassed by the board. The county 
15.32 	canvassing board must protect the privacy of voters' choices to the extent practicable.

15.33 	Sec. 19. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
16.1 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
16.2 	county auditor's office on or before the seventh daybetween the third and tenth days 
16.3 	following the state general election. After taking the oath of office, the board shall 
16.4 	promptly and publicly canvass the general election returns delivered to the county auditor. 
16.5 	Upon completion of the canvass, the board shall promptly prepare and file with the county 
16.6 	auditor a report which states:
16.7 	(a) the number of individuals voting at the election in the county and in each precinct;
16.8 	(b) the number of individuals registering to vote on election day and the number of 
16.9 	individuals registered before election day in each precinct;
16.10 	(c) the names of the candidates for each office and the number of votes received 
16.11 	by each candidate in the county and in each precinct, including write-in candidates for 
16.12 	state and federal office who have requested under section 204B.09 that votes for those 
16.13 	candidates be tallied; 
16.14 	(d) the number of votes counted for and against a proposed change of county lines 
16.15 	or county seat; and
16.16 	(e) the number of votes counted for and against a constitutional amendment or other 
16.17 	question in the county and in each precinct.
16.18 	The result of write-in votes cast on the general election ballots must be compiled by 
16.19 	the county auditor before the county canvass, except that write-in votes for a candidate 
16.20 	for state or federal office must not be counted unless the candidate has timely filed a 
16.21 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
16.22 	municipality to provide an adequate number of election judges to perform this duty or 
16.23 	the county auditor may appoint additional election judges for this purpose. The county 
16.24 	auditor may open the envelopes or containers in which the voted ballots have been 
16.25 	sealed in order to count and record the write-in votes and must reseal the voted ballots 
16.26 	at the conclusion of this process. 
16.27 	Upon completion of the canvass, the county canvassing board shall declare the 
16.28 	candidate duly elected who received the highest number of votes for each county and state 
16.29 	office voted for only within the county. The county auditor shall transmit one of the 
16.30 	certified copies of the county canvassing board report for state and federal offices to the 
16.31 	secretary of state by express mail or similar service immediately upon conclusion of 
16.32 	the county canvass.

16.33 	Sec. 20. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
16.34 		Subd. 3.State canvass. The State Canvassing Board shall meet at the secretary of 
16.35 	state's office on the secondthird Tuesday following the state general election to canvass 
17.1 	the certified copies of the county canvassing board reports received from the county 
17.2 	auditors and shall prepare a report that states:
17.3 	(a) the number of individuals voting in the state and in each county;
17.4 	(b) the number of votes received by each of the candidates, specifying the counties 
17.5 	in which they were cast; and
17.6 	(c) the number of votes counted for and against each constitutional amendment, 
17.7 	specifying the counties in which they were cast.
17.8 	All members of the State Canvassing Board shall sign the report and certify its 
17.9 	correctness. The State Canvassing Board shall declare the result within three days after 
17.10 	completing the canvass.

17.11 	Sec. 21. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
17.12 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
17.13 	Within sevenBetween 11 and 17 days after an election, the governing body of a city 
17.14 	conducting any election including a special municipal election, or the governing body of 
17.15 	a town conducting the general election in November shall act as the canvassing board, 
17.16 	canvass the returns, and declare the results of the election. The governing body of a town 
17.17 	conducting the general election in March shall act as the canvassing board, canvass the 
17.18 	returns, and declare the results of the election within two days after an election.
17.19 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
17.20 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
17.21 	not be issued until the outcome of the contest has been determined by the proper court.
17.22 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
17.23 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
17.24 	certify the results of the election to the county auditor, and the clerk shall be the final 
17.25 	custodian of the ballots and the returns of the election.

17.26 	Sec. 22. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
17.27 		Subd. 2. Election, conduct. A school district election must be by secret ballot and 
17.28 	must be held and the returns made in the manner provided for the state general election, 
17.29 	as far as practicable. The vote totals from an absentee ballot board established pursuant 
17.30 	to section 203B.13203B.12 may be tabulated and reported by the school district as a 
17.31 	whole rather than by precinct. For school district elections not held in conjunction with a 
17.32 	statewide election, the school board shall appoint election judges as provided in section 
17.33 	204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21, 
17.34 	subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 
18.1 	balance in appointment of judges and to duties to be performed by judges of different 
18.2 	major political parties do not apply to school district elections not held in conjunction 
18.3 	with a statewide election. 

18.4 	Sec. 23. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
18.5 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Within 
18.6 	sevenBetween 11 and 17 days after a school district election other than a recount of a 
18.7 	special election conducted under section 126C.17, subdivision 9, or 475.59, the school 
18.8 	board shall canvass the returns and declare the results of the election. After the time for 
18.9 	contesting elections has passed, the school district clerk shall issue a certificate of election 
18.10 	to each successful candidate. If there is a contest, the certificate of election to that office 
18.11 	must not be issued until the outcome of the contest has been determined by the proper 
18.12 	court. If there is a tie vote, the school board shall determine the result by lot. The clerk 
18.13 	shall deliver the certificate of election to the successful candidate by personal service or 
18.14 	certified mail. The successful candidate shall file an acceptance and oath of office in 
18.15 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
18.16 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
18.17 	but that filing may be made at any time before action to fill the vacancy has been taken. 
18.18 	The school district clerk shall certify the results of the election to the county auditor, and 
18.19 	the clerk shall be the final custodian of the ballots and the returns of the election.  
18.20 	A school district canvassing board shall perform the duties of the school board 
18.21 	according to the requirements of this subdivision for a recount of a special election 
18.22 	conducted under section 126C.17, subdivision 9, or 475.59.  

18.23 	Sec. 24. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
18.24 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
18.25 	county canvassing board in each county must set the date, time, and place for the 
18.26 	postelection review of the state general election to be held under this section. 
18.27 	At the canvass of the state general election, the county canvassing boards must 
18.28 	select the precincts to be reviewed by lot. The ballots counted by each ballot board must 
18.29 	be considered a precinct eligible to be selected for the purposes of this subdivision. The 
18.30 	county canvassing board of a county with fewer than 50,000 registered voters must conduct 
18.31 	a postelection review of a total of at least two precincts.  The county canvassing board of a 
18.32 	county with between 50,000 and 100,000 registered voters must conduct a review of a total 
18.33 	of at least three precincts.  The county canvassing board of a county with over 100,000 
18.34 	registered voters must conduct a review of a total of at least four precincts, or three percent 
19.1 	of the total number of precincts in the county, whichever is greater.   At least one precinct 
19.2 	selected in each county must have had more than 150 votes cast at the general election. 
19.3 	The county auditor must notify the secretary of state of the precincts that have been 
19.4 	chosen for review and the time and place the postelection review for that county will be 
19.5 	conducted, as soon as the decisions are made. If the selection of precincts has  not resulted 
19.6 	in the selection of at least four precincts in each congressional district, the  secretary of state 
19.7 	may require counties to select by lot additional precincts to meet the  congressional district 
19.8 	requirement. The secretary of state must post this information on the office Web site. 

19.9 	Sec. 25.  REPEALER.
 19.10 	Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.13; and 
19.11 	203B.25, are repealed.

19.12 	Sec. 26. EFFECTIVE DATE.
 19.13 	Sections 2 to 5, 7 to 16, 22, 24, and 25 are not effective until the secretary of 
19.14 	state has certified that the statewide voter registration system has been tested, shown 
19.15 	to properly allow for the tracking of the required information, and shown to be able to 
19.16 	handle the expected volume of use.