SF 1331

2nd Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to elections; changing certain procedures and requirements; establishing 1.3new election procedures;amending Minnesota Statutes 2008, sections 13.607, 1.4subdivision 7; 135A.17, subdivision 2; 201.016, subdivisions 1a, 2; 201.022, 1.5subdivision 1; 201.056; 201.061, subdivisions 1, 3; 201.071, subdivision 1; 1.6201.091, by adding a subdivision; 201.11; 201.12; 201.13; 202A.14, subdivision 1.73; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 1.8203B.04, subdivisions 1, 6; 203B.05; 203B.06, subdivision 3; 203B.07, 1.9subdivisions 2, 3; 203B.08, subdivisions 2, 3; 203B.081; 203B.085; 203B.11, 1.10subdivision 1; 203B.12, subdivision 2; 203B.125; 203B.23, subdivisions 1, 1.112; 203B.24, subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 204B.07, 1.12subdivision 1; 204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.13, 1.13subdivisions 1, 2, by adding subdivisions; 204B.14, subdivision 4, by adding 1.14a subdivision; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.27, 1.15subdivision 2; 204B.33; 204B.38; 204B.45, subdivision 2; 204B.46; 204C.02; 1.16204C.04, subdivision 1; 204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 1.17204C.10; 204C.13, subdivisions 2, 6; 204C.15, subdivision 3; 204C.17; 204C.27; 1.18204C.30, by adding a subdivision; 204C.33, subdivisions 1, 3; 204C.37; 1.19204D.04, subdivision 2; 204D.09, subdivision 2; 204D.28, subdivisions 5, 6, 8, 1.209; 205.065, subdivision 2; 205.075, subdivision 1, by adding a subdivision; 1.21205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3; 205.185, subdivision 3, 1.22by adding a subdivision; 205A.03, subdivision 1; 205A.05, subdivisions 1, 2; 1.23205A.07, subdivision 2; 205A.10, subdivisions 2, 3, by adding a subdivision; 1.24206.57, subdivision 6; 206.61, subdivision 5; 206.83; 206.89, subdivision 2; 1.25208.05; 211A.02, subdivision 2; 367.03, subdivision 4, by adding a subdivision; 1.26412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325, 1.27subdivisions 1, 4; 414.033, subdivision 7; proposing coding for new law in 1.28Minnesota Statutes, chapters 201; 203B; 204B; 204D; 205; 205A; repealing 1.29Minnesota Statutes 2008, sections 201.096; 203B.04, subdivision 5; 203B.10; 1.30203B.11, subdivision 2; 203B.12; 203B.13; 203B.25; 204B.12, subdivision 2a; 1.31204B.13, subdivisions 4, 5, 6; 204B.41; 204D.169; 206.805, subdivision 2. 1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2ABSENTEE AND EARLY VOTING 2.3    Section 1. Minnesota Statutes 2008, section 13.607, subdivision 7, is amended to read: 2.4    Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee 2.5ballots is governed by section 203B.12, subdivision 7 new text begin 203B.121, subdivision 2 new text end . 2.6    Sec. 2. Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read: 2.7    Subdivision 1. Establishment. The secretary of state shall maintain a statewide 2.8voter registration system to facilitate voter registration and to provide a central database 2.9containing voter registration information from around the state. The system must be 2.10accessible to the county auditor of each county in the state. The system must also: 2.11(1) provide for voters to submit their voter registration applications to any county 2.12auditor, the secretary of state, or the Department of Public Safety; 2.13(2) provide for the definition, establishment, and maintenance of a central database 2.14for all voter registration information; 2.15(3) provide for entering data into the statewide registration system; 2.16(4) provide for electronic transfer of completed voter registration applications from 2.17the Department of Public Safety to the secretary of state or the county auditor; 2.18(5) assign a unique identifier to each legally registered voter in the state; 2.19(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 2.20state identification number, and last four digits of the Social Security number for each 2.21voter record; 2.22(7) coordinate with other agency databases within the state; 2.23(8) allow county auditors and the secretary of state to add or modify information in 2.24the system to provide for accurate and up-to-date records; 2.25(9) allow county auditors, municipal and school district clerks, and the secretary 2.26of state to have electronic access to the statewide registration system for review and 2.27search capabilities; 2.28(10) provide security and protection of all information in the statewide registration 2.29system and ensure that unauthorized access is not allowed; 2.30(11) provide access to municipal clerks to use the system; 2.31(12) provide a system for each county to identify the precinct to which a voter 2.32should be assigned for voting purposes; 2.33(13) provide daily reports accessible by county auditors on the driver's license 2.34numbers, state identification numbers, or last four digits of the Social Security numbers 3.1submitted on voter registration applications that have been verified as accurate by the 3.2secretary of state; and 3.3(14) provide reports on the number of absentee ballots transmitted to and returned 3.4and cast by voters under section 203B.16 new text begin ; and new text end 3.5 new text begin (15) provide rosters, master lists, and other reports necessary for early voting new text end . 3.6The appropriate state or local official shall provide security measures to prevent 3.7unauthorized access to the computerized list established under section 201.021. 3.8    Sec. 3. Minnesota Statutes 2008, section 203B.001, is amended to read: 3.9203B.001 ELECTION LAW APPLICABILITY. 3.10The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early new text end 3.11 new text begin voting new text end unless otherwise provided in this chapter. 3.12    Sec. 4. Minnesota Statutes 2008, section 203B.01, is amended by adding a subdivision 3.13to read: 3.14     new text begin Subd. 5. new text end new text begin Early voting. new text end new text begin "Early voting" means voting in person before election day at new text end 3.15 new text begin the office of the county auditor or any other location authorized in this chapter within the new text end 3.16 new text begin time period provided in section 203B.31. new text end 3.17    Sec. 5. Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read: 3.18    Subdivision 1. Violation. No individual shall intentionally: 3.19(a) make or sign any false certificate required by this chapter; 3.20(b) make any false or untrue statement in any application for absentee ballots; 3.21(c) apply for absentee ballots more than once in any election with the intent to 3.22cast an illegal ballot; 3.23(d) exhibit a ballot marked by that individual to any other individual; 3.24(e) do any act in violation of the provisions of this chapter for the purpose of casting 3.25an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote; 3.26(f) use information from absentee ballot new text begin or early voting new text end materials or records for 3.27purposes unrelated to elections, political activities, or law enforcement; 3.28(g) provide assistance to an absentee new text begin or early new text end voter except in the manner provided by 3.29section 204C.15, subdivision 1; 3.30(h) solicit the vote of an absentee new text begin or early new text end voter while in the immediate presence of 3.31the voter during the time the individual knows the absentee new text begin or early new text end voter is voting; or 3.32(i) alter an absentee ballot application after it has been signed by the voter, except by 3.33an election official for administrative purposes. 4.1Before inspecting information from absentee ballot new text begin or early voting new text end materials or 4.2records, an individual shall provide identification to the public official having custody of 4.3the material or information. 4.4    Sec. 6. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read: 4.5    Subdivision 1. Application procedures. Except as otherwise allowed by 4.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 4.7for any election may be submitted at any time not less than one day before the day of 4.8that election. The county auditor shall prepare absentee ballot application forms in the 4.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 4.10and shall furnish them to any person on request. By January 1 of each even-numbered 4.11year, the secretary of state shall make the forms to be used available to auditors through 4.12electronic means. An application submitted pursuant to this subdivision shall be in writing 4.13and shall be submitted to: 4.14    (a) new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or 4.15    (b) new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where 4.16the applicant maintains residence. 4.17    An application shall be approved if it is timely received, signed and dated by the 4.18applicant, contains the applicant's name and residence and mailing addresses, and states 4.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 4.20section 203B.02. The application may new text begin must new text end contain a request for the voter's new text begin applicant's new text end 4.21date of birth, which new text begin the applicant's Minnesota driver's license or state identification card new text end 4.22 new text begin number, and the last four digits of the applicant's Social Security number, if the applicant new text end 4.23 new text begin has these numbers, an oath that the information contained on the form is accurate, that the new text end 4.24 new text begin applicant is applying on the applicant's own behalf, and that the applicant is signing the new text end 4.25 new text begin form under penalty of perjury. An applicant's full date of birth, driver's license or state new text end 4.26 new text begin identification number, and the last four digits of the applicant's Social Security number new text end 4.27must not be made available for public inspection. An application may be submitted to 4.28the county auditor or municipal clerk by an electronic facsimile device. An application 4.29mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 4.30by a person other than the voter must be deposited in the mail or returned in person to 4.31the county auditor or municipal clerk within ten days after it has been dated by the voter 4.32and no later than six days before the election. The absentee ballot applications or a list of 4.33persons applying for an absentee ballot may not be made available for public inspection 4.34until the close of voting on election day. 5.1    An application under this subdivision may contain an application under subdivision 5.25 new text begin 6 new text end to automatically receive an absentee ballot application. 5.3    Sec. 7. Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read: 5.4    Subd. 6. Ongoing absentee status; termination. (a) An eligible voter may apply to 5.5a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably 5.6expects to meet the requirements of section 203B.02, subdivision 1. new text begin The voter may new text end 5.7 new text begin decline to receive an absentee ballot for one or more elections if that request is received new text end 5.8 new text begin by the county auditor or municipal clerk at least five days before the deadline in section new text end 5.9 new text begin 204B.35 for delivering ballots for the election to which it applies. Sixty days before each new text end 5.10 new text begin state primary, the county auditor must send each voter with ongoing absentee ballot status new text end 5.11 new text begin a nonforwardable postcard to notify the voter when the voter can expect to receive the new text end 5.12 new text begin ballots. new text end Each applicant must automatically be provided with an absentee ballot application 5.13for each ensuing election other than an election by mail conducted under section 204B.45, 5.14 new text begin or as otherwise requested by the voter, new text end and must have the status of ongoing absentee voter 5.15indicated on the voter's registration record. 5.16(b) Ongoing absentee voter status ends on: 5.17(1) the voter's written request; 5.18(2) the voter's death; 5.19(3) return of an ongoing absentee ballot as undeliverable; 5.20(4) a change in the voter's status so that the voter is not eligible to vote under section 5.21201.15 or 201.155; or 5.22(5) placement of the voter's registration on inactive status under section 201.171. 5.23 new text begin By May 1, 2010, each county auditor shall mail an explanation of the changes to the new text end 5.24 new text begin ongoing absentee balloting process and an updated ongoing absentee voter application to new text end 5.25 new text begin every voter with ongoing absentee ballot status in their county. A voter must return the new text end 5.26 new text begin application to maintain the voter's status as an ongoing absentee voter. Upon receipt of new text end 5.27 new text begin a completed application, the county auditor shall scan an image of the application and new text end 5.28 new text begin update the voter's record with any new or changed information. new text end 5.29 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 5.30 new text begin certified that the statewide voter registration system has been tested and shown to properly new text end 5.31 new text begin allow for the issuance of ballots to ongoing absentee voters. new text end 6.1    Sec. 8. Minnesota Statutes 2008, section 203B.05, is amended to read: 6.2203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER new text begin new text end 6.3 new text begin EARLY AND new text end ABSENTEE VOTING LAWS. 6.4    Subdivision 1. Generally. The full-time clerk of any city or town shall administer 6.5the provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 to 203B.35 new text end if: 6.6(a) new text begin (1) new text end the county auditor of that county has designated the clerk to administer 6.7them; or 6.8(b) new text begin (2) new text end the clerk has given the county auditor of that county notice of intention 6.9to administer them. 6.10 new text begin A clerk may only administer the provisions of sections 203B.04 to 203B.15 and new text end 6.11 new text begin 203B.30 to 203B.35 if the clerk has technical capacity to access the statewide voter new text end 6.12 new text begin registration system in the secure manner prescribed by the secretary of state. The secretary new text end 6.13 new text begin of state must identify hardware, software, security, or other technical prerequisites new text end 6.14 new text begin necessary to ensure the security, access controls, and performance of the statewide voter new text end 6.15 new text begin registration system. A clerk must receive training approved by the secretary of state new text end 6.16 new text begin on the use of the statewide voter registration system before administering this section. new text end 6.17 new text begin A clerk may not use the statewide voter registration system until the clerk has received new text end 6.18 new text begin the required training. new text end 6.19    Subd. 2. City, school district, and town elections. For city, town, and school 6.20district elections not held on the same day as a statewide election, applications for 6.21absentee ballots shall be filed with the city, school district, or town clerk and the duties 6.22prescribed by this chapter for the county auditor shall be performed by the city, school 6.23district, or town clerk unless the county auditor agrees to perform those duties on behalf 6.24of the city, school district, or town clerk. The costs incurred to provide absentee ballots 6.25and perform the duties prescribed by this subdivision shall be paid by the city, town, or 6.26school district holding the election. 6.27    Notwithstanding any other law, this chapter applies to school district elections held 6.28on the same day as a statewide election or an election for a county or municipality wholly 6.29or partially within the school district. 6.30 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 6.31 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 6.32 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 6.33 new text begin expected volume of use. new text end 6.34    Sec. 9. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read: 7.1    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 7.2at a time when absentee ballots are not yet available for distribution, the county auditor, 7.3or municipal clerk accepting the application shall file it and as soon as absentee ballots 7.4are available for distribution shall mail them to the address specified in the application. 7.5If an application for absentee ballots is accepted when absentee ballots are available for 7.6distribution, the county auditor or municipal clerk accepting the application shall promptly: 7.7    (1) mail the ballots to the voter whose signature appears on the application if the 7.8application is submitted by mail and does not request commercial shipping under clause 7.9(2); 7.10    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 7.11the voter's expense; 7.12    (3) deliver the absentee ballots directly to the voter if the application is submitted in 7.13person; or 7.14    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 7.15been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 7.16voter who would have difficulty getting to the polls because of incapacitating health 7.17reasons, or who is disabled, or who is a patient in a health care facility, a resident of 7.18a facility providing assisted living services governed by chapter 144G, a participant in 7.19a residential program for adults licensed under section 245A.02, subdivision 14, or a 7.20resident of a shelter for battered women as defined in section 611A.37, subdivision 4. 7.21    (b) If an application does not indicate the election for which absentee ballots are 7.22sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the 7.23next election occurring after receipt of the application. Only one set of ballots may be 7.24mailed, shipped, or delivered to an applicant for any election, except as provided in section 7.25203B.13 new text begin 203B.121 new text end , subdivision 2 , or when a replacement ballot has been requested by the 7.26voter for a ballot that has been spoiled or lost in transit. 7.27 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 7.28 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 7.29 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 7.30 new text begin expected volume of use. new text end 7.31    Sec. 10. new text begin [203B.065] RECORDING APPLICATIONS. new text end 7.32 new text begin Upon accepting an application for a state primary or state general election, the new text end 7.33 new text begin county auditor or municipal clerk shall record in the statewide registration system the new text end 7.34 new text begin voter's name, address of residence in Minnesota, mailing address, Minnesota driver's new text end 7.35 new text begin license or state identification number, or the last four digits of the voter's Social Security new text end 8.1 new text begin number, if provided by the voter, that an absentee ballot has been transmitted to the voter, new text end 8.2 new text begin the method of transmission, and the date of transmission. new text end 8.3 new text begin Upon receipt of a returned absentee ballot for a state primary or state general new text end 8.4 new text begin election, the county auditor or municipal clerk shall record in the statewide voter new text end 8.5 new text begin registration system that the voter has returned the ballot. new text end 8.6 new text begin Upon receipt of notice that the ballot board has accepted or rejected the absentee new text end 8.7 new text begin ballot for a state primary or state general election, the county auditor or municipal clerk new text end 8.8 new text begin shall record in the statewide voter registration system whether the ballot was accepted or new text end 8.9 new text begin rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to new text end 8.10 new text begin the voter, the county auditor or municipal clerk shall record this in the statewide voter new text end 8.11 new text begin registration system. new text end 8.12 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 8.13 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 8.14 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 8.15 new text begin expected volume of use. new text end 8.16    Sec. 11. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read: 8.17    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to 8.18conveniently enclose and contain the ballot envelope and a folded voter registration 8.19application. The return envelope shall be designed to open on the left-hand end. If the 8.20voter was not previously registered, The return envelope must be designed in one of 8.21the following ways: 8.22    (1) it must be of sufficient size to contain an additional envelope that when sealed, 8.23conceals the signature, identification, and other information; or 8.24    (2) it must provide an additional flap that when sealed, conceals the signature, 8.25identification, and other information. 8.26     Election officials may open the flap or the additional envelope at any time after 8.27receiving the returned ballot to inspect the returned certificate for completeness or to 8.28ascertain other information. 8.29    Sec. 12. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read: 8.30    Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot 8.31shall be printed on the back of the return envelope. The certificate shall contain new text begin space for new text end 8.32 new text begin the voter's Minnesota driver's license, state identification number, or the last four digits of new text end 8.33 new text begin the voter's Social Security number or to indicate that they do not have one, and new text end a statement 8.34to be signed and sworn by the voter indicating that the voter meets all of the requirements 9.1established by law for voting by absentee ballot new text begin , that the ballots were unmarked when new text end 9.2 new text begin received by the voter, and that the voter personally marked the ballots without showing new text end 9.3 new text begin how they were marked, or, if the voter was physically unable to mark them, that the voter new text end 9.4 new text begin directed another individual to mark them new text end . new text begin If the voter was not previously registered at that new text end 9.5 new text begin address, new text end the certificate shall also contain new text begin space for new text end a statement signed by a person who 9.6is registered to vote in Minnesota or by a notary public or other individual authorized to 9.7administer oaths new text begin a United States citizen new text end stating that: 9.8    (1) the ballots were displayed to that individual unmarked; 9.9    (2) the voter marked the ballots in that individual's presence without showing how 9.10they were marked, or, if the voter was physically unable to mark them, that the voter 9.11directed another individual to mark them; and 9.12    (3) if the voter was not previously registered, the voter has provided proof of 9.13residence as required by section 201.061, subdivision 3. 9.14    Sec. 13. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read: 9.15    Subd. 2. Address on return envelopes. The county auditor or municipal clerk shall 9.16address return envelopes to allow direct mailing of the absentee ballots to: new text begin new text end 9.17(a) the county auditor or municipal clerk who sent the ballots to the voter; new text begin has the new text end 9.18 new text begin responsibility to accept and reject the absentee ballots. new text end 9.19(b) the clerk of the town or city in which the absent voter is eligible to vote; or 9.20(c) the appropriate election judges. 9.21 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 9.22 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 9.23 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 9.24 new text begin expected volume of use. new text end 9.25    Sec. 14. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read: 9.26    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 9.27county auditor or municipal clerk, that official shall stamp or initial and date the return 9.28envelope and place it in a secure location with other return envelopes received by that 9.29office. new text begin Within five days of receipt, new text end the county auditor or municipal clerk shall deliver to the 9.30appropriate election judges on election day all ballots received before or with the last mail 9.31delivery by the United States Postal Service on election day. A town clerk may request the 9.32United States Postal Service to deliver absentee ballots to the polling place on election 9.33day instead of to the official address of the town clerk. new text begin ballot board all ballots received, new text end 10.1 new text begin except that during the 14 days immediately preceding an election, the county auditor or new text end 10.2 new text begin municipal clerk shall deliver all ballots received to the ballot board within three days. new text end 10.3 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 10.4 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 10.5 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 10.6 new text begin expected volume of use. new text end 10.7    Sec. 15. Minnesota Statutes 2008, section 203B.081, is amended to read: 10.8203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 10.9    An eligible voter may vote by absentee ballot during the 30 days before the election new text begin new text end 10.10 new text begin up until the third day before the election new text end in the office of the county auditor and at any 10.11other polling place designated by the county auditor new text begin , except that an eligible voter may new text end 10.12 new text begin not vote by absentee ballot in person during the period for early voting, as provided in new text end 10.13 new text begin section 203B.31 new text end . new text begin On the day before the election, voters who had planned on voting in new text end 10.14 new text begin person in the polling place and only learned of circumstances in the last four days that will new text end 10.15 new text begin prevent them from doing so may vote by absentee ballot. new text end The county auditor shall make 10.16such new text begin polling place new text end designations new text begin under this section new text end at least 90 days before the election. At 10.17least one voting booth in each polling place must be made available by the county auditor 10.18for this purpose. The county auditor must also make available at least one electronic ballot 10.19marker in each polling place that has implemented a voting system that is accessible for 10.20individuals with disabilities pursuant to section 206.57, subdivision 5. 10.21    Sec. 16. Minnesota Statutes 2008, section 203B.085, is amended to read: 10.22203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO 10.23REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION. 10.24    The county auditor's office in each county and the clerk's office in each city or 10.25town authorized under section 203B.05 to administer absentee balloting must be open for 10.26acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m. 10.27to 3:00 p.m. on Saturday and until 5:00 p.m. new text begin noon new text end on the day immediately new text begin Saturday new text end 10.28preceding a primary, special, or general election unless that day falls on a Saturday 10.29or Sunday. new text begin On the day before the election, the office must be open for acceptance of new text end 10.30 new text begin absentee ballot applications and casting of absentee ballots for voters who additionally new text end 10.31 new text begin certify that they had planned on voting in person in the polling place and only learned of new text end 10.32 new text begin circumstances in the last four days that will prevent them from doing so. new text end Town clerks' 10.33offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday 11.1before a town general election held in March. The school district clerk, when performing 11.2the county auditor's election duties, need not comply with this section. 11.3    Sec. 17. Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read: 11.4    Subdivision 1. Generally. Each full-time municipal clerk or school district 11.5clerk who has authority under section 203B.05 to administer absentee new text begin and early new text end voting 11.6laws shall designate election judges to deliver absentee ballots in accordance with this 11.7section. The county auditor must also designate election judges to perform the duties in 11.8this section. A ballot may be delivered only to an eligible voter who is a temporary or 11.9permanent resident or patient in a health care facility or hospital located in the municipality 11.10in which the voter maintains residence. The ballots shall be delivered by two election 11.11judges, each of whom is affiliated with a different major political party. When the election 11.12judges deliver or return ballots as provided in this section, they shall travel together in the 11.13same vehicle. new text begin The election judges must bring a ballot box. new text end Both election judges shall be 11.14present when an applicant completes the certificate of eligibility new text begin signs the certification new text end 11.15 new text begin required by section 204C.10, paragraph (b), new text end and marks the absentee ballots, and may assist 11.16an applicant as provided in section 204C.15. new text begin Voters must insert their ballots into the new text end 11.17 new text begin ballot box. new text end The election judges shall deposit the return envelopes containing the marked 11.18absentee ballots new text begin remove the ballots from the ballot box, place them new text end in a sealed container 11.19and return them to the clerk on the same day that they are delivered and marked. 11.20 new text begin Election judges may bring an electronic ballot counter to serve as the ballot box. new text end 11.21 new text begin Election judges may bring an electronic ballot marker. new text end 11.22    Sec. 18. new text begin [203B.121] BALLOT BOARDS. new text end 11.23     new text begin Subdivision 1. new text end new text begin Establishment; applicable laws. new text end new text begin (a) The governing body of each new text end 11.24 new text begin county, municipality, and school district with responsibility to accept and reject absentee new text end 11.25 new text begin ballots or administer early voting must, by ordinance or resolution, establish a ballot new text end 11.26 new text begin board. The board must consist of a sufficient number of election judges appointed as new text end 11.27 new text begin provided in sections 204B.19 to 204B.22. The board may consist of staff trained as new text end 11.28 new text begin election judges, in which case the board is exempt from sections 204B.19, subdivision 5, new text end 11.29 new text begin and 204C.15, relating to party balance in the appointment of judges, and is also exempt new text end 11.30 new text begin from the duties otherwise required to be performed by ballot board members or election new text end 11.31 new text begin judges of two different major political parties. new text end 11.32 new text begin (b) Each jurisdiction must pay a reasonable compensation to each member of that new text end 11.33 new text begin jurisdiction's ballot board for services rendered during an election. new text end 12.1 new text begin (c) Except as otherwise provided by this section, all provisions of the Minnesota new text end 12.2 new text begin Election Law apply to a ballot board. new text end 12.3     new text begin Subd. 2. new text end new text begin Duties of ballot board; absentee ballots. new text end new text begin (a) The members of the ballot new text end 12.4 new text begin board shall take possession of all return envelopes delivered to them in accordance new text end 12.5 new text begin with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school new text end 12.6 new text begin district clerk, two or more members of the ballot board of different major political parties new text end 12.7 new text begin shall examine each return envelope and shall mark it accepted or rejected in the manner new text end 12.8 new text begin provided in this subdivision. new text end 12.9 new text begin (b) The members of the ballot board shall mark the return envelope "accepted" and new text end 12.10 new text begin initial or sign the return envelope below the word "accepted" if a majority of the members new text end 12.11 new text begin of the ballot board are satisfied that: new text end 12.12 new text begin (1) the voter's name and address on the return envelope are the same as the new text end 12.13 new text begin information provided on the absentee ballot application; new text end 12.14 new text begin (2) the voter signed the certification on the envelope; new text end 12.15 new text begin (3) the voter's Minnesota driver's license, state identification number, or the last four new text end 12.16 new text begin digits of the voter's Social Security number are the same as the number provided on the new text end 12.17 new text begin voter's application for ballots. If the number does not match the number as submitted on new text end 12.18 new text begin the application, or if a number was not submitted on the application, the election judges new text end 12.19 new text begin must make a reasonable effort to determine through other information provided by the new text end 12.20 new text begin applicant that the ballots were returned by the same person to whom the ballots were new text end 12.21 new text begin transmitted; new text end 12.22 new text begin (4) the voter is registered and eligible to vote in the precinct or has included a new text end 12.23 new text begin properly completed voter registration application in the return envelope; and new text end 12.24 new text begin (5) the voter has not already voted at that election, either in person or by absentee new text end 12.25 new text begin ballot. new text end 12.26 new text begin The return envelope from accepted ballots must be preserved and returned to the new text end 12.27 new text begin county auditor. new text end 12.28 new text begin The ballots from return envelopes marked "accepted" shall be opened, duplicated as new text end 12.29 new text begin needed in the manner provided in section 206.86, subdivision 5, initialed by the members new text end 12.30 new text begin of the ballot board, and deposited in the appropriate ballot box. These duties must be new text end 12.31 new text begin performed by ballot board members of two different major political parties. If more than new text end 12.32 new text begin one ballot is enclosed in the ballot envelope, none of the ballots shall be counted but new text end 12.33 new text begin all ballots of that kind shall be returned in the manner provided by section 204C.25 for new text end 12.34 new text begin return of spoiled ballots. new text end 12.35 new text begin (c) (1) If a majority of the members of the ballot board examining a return envelope new text end 12.36 new text begin find that an absentee voter has failed to meet one of the requirements provided in new text end 13.1 new text begin paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the new text end 13.2 new text begin word "rejected," list the reason for the rejection on the envelope, and return it to the county new text end 13.3 new text begin auditor. There is no other reason for rejecting an absentee ballot beyond those permitted new text end 13.4 new text begin by this section. Failure to place the ballot within the security envelope before placing it in new text end 13.5 new text begin the outer white envelope is not a reason to reject an absentee ballot. new text end 13.6 new text begin (2) If an envelope has been rejected at least five days before the election, the new text end 13.7 new text begin envelope must remain sealed and the official in charge of the ballot board shall provide new text end 13.8 new text begin the voter with a replacement absentee ballot and return envelope in place of the rejected new text end 13.9 new text begin ballot. Notwithstanding any rule to the contrary, the official in charge of the election is not new text end 13.10 new text begin required to write "replacement" on the replacement ballot. new text end 13.11 new text begin (3) If an envelope is rejected within five days of the election, the envelope must new text end 13.12 new text begin remain sealed and the official in charge of the ballot board must attempt to contact the new text end 13.13 new text begin voter by telephone or electronic mail to notify the voter that the voter's ballot has been new text end 13.14 new text begin rejected. The official must document the attempts made to contact the voter. new text end 13.15 new text begin (d) The names of voters who have submitted an absentee ballot return envelope to new text end 13.16 new text begin the county auditor or municipal clerk that has not been accepted by a ballot board may not new text end 13.17 new text begin be made available for public inspection until the close of voting on election day. new text end 13.18     new text begin Subd. 3. new text end new text begin Duties of ballot board; early voting. new text end new text begin The members of the ballot board new text end 13.19 new text begin shall administer the process of early voting as prescribed in section 203B.35, and shall new text end 13.20 new text begin make a record of voters who cast ballots early and count those ballots as provided in new text end 13.21 new text begin subdivisions 4 and 5. new text end 13.22     new text begin Subd. 4. new text end new text begin Record of voting. new text end new text begin (a) The county auditor or municipal clerk must new text end 13.23 new text begin immediately record that a voter's absentee ballot has been accepted or that the voter has new text end 13.24 new text begin cast a ballot pursuant to the early voting procedures provided in this chapter, in order to new text end 13.25 new text begin prevent the voter from casting more than one ballot at an election. After a voter's record new text end 13.26 new text begin has been marked, the individual must not be allowed to vote again at that election. In a new text end 13.27 new text begin state primary, state general, or state special election, the auditor or clerk must also record new text end 13.28 new text begin in the statewide voter registration system that the voter has cast a ballot. new text end 13.29 new text begin (b) The roster must be marked, or a supplemental report created, no later than the new text end 13.30 new text begin start of voting on election day to indicate the voters that have already cast a ballot at the new text end 13.31 new text begin election. The roster may be marked either: new text end 13.32 new text begin (1) by the municipal clerk before election day; new text end 13.33 new text begin (2) by the ballot board before election day; or new text end 13.34 new text begin (3) by the election judges at the polling place on election day. new text end 13.35 new text begin The record of a voter who cast an absentee ballot in person on the day prior to the new text end 13.36 new text begin election, or whose absentee ballot arrived by mail on the day of, or the day prior to the new text end 14.1 new text begin election, is not required to be marked on the roster or contained in a supplemental report new text end 14.2 new text begin as required by this paragraph. new text end 14.3     new text begin Subd. 5. new text end new text begin Storage and counting of absentee and early voting ballots. new text end new text begin (a) On a day new text end 14.4 new text begin on which early voting or absentee ballots are inserted into a ballot box, two members of new text end 14.5 new text begin the ballot board of different major political parties must: new text end 14.6 new text begin (1) remove the ballots from the ballot box at the end of the day; new text end 14.7 new text begin (2) without inspecting the ballots, ensure that the number of ballots removed from new text end 14.8 new text begin the ballot box is equal to the combined number of voters who voted in person and voters new text end 14.9 new text begin whose absentee ballots were accepted that day; and new text end 14.10 new text begin (3) seal and secure all voted and unvoted ballots present in that location at the end new text end 14.11 new text begin of the day. new text end 14.12 new text begin (b) After the polls have closed on election day, two members of the ballot board of new text end 14.13 new text begin different major political parties must count the ballots, tabulating the vote in a manner that new text end 14.14 new text begin indicates each vote of the voter and the total votes cast for each candidate or question. In new text end 14.15 new text begin state primary and state general elections, the results must indicate the total votes cast for new text end 14.16 new text begin each candidate or question in each precinct and report the vote totals tabulated for each new text end 14.17 new text begin precinct. The count shall be public. No vote totals from ballots may be made public new text end 14.18 new text begin before the close of voting on election day. new text end 14.19 new text begin In state primary and state general elections, these vote totals shall be added to the new text end 14.20 new text begin vote totals on the summary statements of the returns for the appropriate precinct. In other new text end 14.21 new text begin elections, these vote totals may be added to the vote totals on the summary statement of new text end 14.22 new text begin returns for the appropriate precinct or may be reported as a separate total. new text end 14.23 new text begin (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been new text end 14.24 new text begin completed previously, the members of the ballot board must verify within 48 hours after new text end 14.25 new text begin election day that voters whose absentee ballots arrived after the rosters were marked or new text end 14.26 new text begin supplemental reports were generated and whose ballots were accepted did not vote in new text end 14.27 new text begin person on election day. This task must be completed before the members of the ballot new text end 14.28 new text begin board take any additional steps to process and count these ballots. new text end 14.29 new text begin EFFECTIVE DATE. new text end new text begin The provisions of this section related to absentee voting are new text end 14.30 new text begin effective when the secretary of state has certified that the statewide voter registration new text end 14.31 new text begin system has been tested, shown to properly allow municipal clerks to update absentee new text end 14.32 new text begin voting records, and to be able to handle the expected volume of use. new text end 14.33    Sec. 19. Minnesota Statutes 2008, section 203B.125, is amended to read: 14.34203B.125 SECRETARY OF STATE TO MAKE RULES. 15.1The secretary of state shall adopt rules establishing methods and procedures for 15.2issuing ballot cards and related absentee forms to be used as provided in section 203B.08, 15.3subdivision 1a , and for the reconciliation of voters and ballot cards before tabulation under 15.4section new text begin 204C.20, subdivision 1 new text end . 15.5    Sec. 20. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read: 15.6    Subdivision 1. Establishment. The county auditor must establish an absentee ballot 15.7board for ballots issued under sections 203B.16 to 203B.27. The board may consist of 15.8staff trained and certified as election judges, in which case, the board is exempt from 15.9sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment 15.10of judges and to duties to be performed by judges new text begin or members of the ballot board new text end of 15.11different major political parties. 15.12    Sec. 21. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read: 15.13    Subd. 2. Duties. The absentee ballot board must examine all returned absentee 15.14ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 15.15the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 15.16eligibility is not printed on the return or administrative envelope, the certificate must 15.17be attached to the ballot secrecy envelope. 15.18    The absentee ballot board must immediately examine the return envelopes and mark 15.19them "accepted" or "rejected" during the 30 days before the election. If an envelope has 15.20been rejected at least five days before the election, the ballots in the envelope must be 15.21considered spoiled ballots and the official in charge of the absentee ballot board must 15.22provide the voter with a replacement absentee ballot and return envelope in place of 15.23the spoiled ballot. 15.24 new text begin Except for federal write-in absentee ballots, the ballots from return envelopes new text end 15.25 new text begin marked "Accepted" must be opened, duplicated as needed in the manner provided by new text end 15.26 new text begin section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited new text end 15.27 new text begin in the appropriate ballot box. These duties must be performed by two members of the new text end 15.28 new text begin ballot board of different major political parties. new text end 15.29 new text begin Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as new text end 15.30 new text begin needed in the manner provided by section 206.86, subdivision 5, initialed by the members new text end 15.31 new text begin of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the new text end 15.32 new text begin fourth day before the election, unless the voter has submitted another absentee ballot with new text end 15.33 new text begin a later postmark which has been accepted by the board. new text end 16.1 new text begin In all other respects, the provisions of the Minnesota Election Law governing new text end 16.2 new text begin deposit and counting of ballots apply. new text end 16.3 new text begin No vote totals from absentee ballots may be made public before the close of voting new text end 16.4 new text begin on election day. new text end 16.5 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 16.6 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 16.7 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 16.8 new text begin expected volume of use. new text end 16.9    Sec. 22. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read: 16.10    Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon 16.11receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 16.12election judges new text begin members of the ballot board new text end shall compare the voter's name with the 16.13names recorded under section 203B.19 in the statewide registration system to insure 16.14that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 16.15to 203B.27. The election judges new text begin Two members of the ballot board of different major new text end 16.16 new text begin political parties new text end shall mark the return envelope "Accepted" and initial or sign the return 16.17envelope below the word "Accepted" if the election judges new text begin a majority of the members of new text end 16.18 new text begin the ballot board new text end are satisfied that: 16.19    (1) the voter's name on the return envelope appears in substantially the same form as 16.20on the application records provided to the election judges by the county auditor; 16.21    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 16.22the Help America Vote Act, Public Law 107-252; 16.23    (3) the voter has set forth the same voter's passport number, or Minnesota driver's 16.24license or state identification card number, or the last four digits of the voter's Social 16.25Security number as submitted on the application, if the voter has one of these documents; 16.26and 16.27    (4) new text begin the voter is not known to have died; and new text end 16.28 new text begin (5) new text end the voter has not already voted at that election, either in person or by absentee 16.29ballot. 16.30    If the identification number described in clause (3) does not match the number 16.31as submitted on the application, the election judges new text begin members of the ballot board new text end must 16.32make a reasonable effort to satisfy themselves through other information provided by the 16.33applicant, or by an individual authorized to apply on behalf of the voter, that the ballots 16.34were returned by the same person to whom the ballots were transmitted. 17.1    An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be 17.2rejected for the lack of one of clauses (1) to (4) new text begin (5) new text end . In particular, failure to place the 17.3ballot within the security envelope before placing it in the outer white envelope is not a 17.4reason to reject an absentee ballot. 17.5    Election judges new text begin Members of the ballot board new text end must note the reason for rejection on 17.6the back of the envelope in the space provided for that purpose. 17.7    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 17.8shall not be counted if the certificate on the return envelope is not properly executed. In 17.9all other respects the provisions of the Minnesota Election Law governing deposit and 17.10counting of ballots shall apply. new text begin Notwithstanding other provisions of this section, the new text end 17.11 new text begin counting of the absentee ballot of a deceased voter does not invalidate the election. new text end 17.12 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 17.13 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 17.14 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 17.15 new text begin expected volume of use. new text end 17.16    Sec. 23. Minnesota Statutes 2008, section 203B.26, is amended to read: 17.17203B.26 SEPARATE RECORD. 17.18    A separate record of the ballots of absent voters cast under sections 203B.16 to 17.19203B.27 must be generated from the statewide registration system for each precinct 17.20and provided to the election judges in the polling place on election day, along with the 17.21returned envelopes marked "accepted" by the absentee ballot board. The content of the 17.22record must be in a form prescribed by the secretary of state. The election judges in the 17.23polling place must note on the record any envelopes that had been marked "accepted" by 17.24the absentee ballot board but were not counted. The election judges must preserve the 17.25record and return it to the county auditor or municipal clerk with the election day new text begin retained new text end 17.26 new text begin with the other election new text end materials. 17.27 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 17.28 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 17.29 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 17.30 new text begin expected volume of use. new text end 17.31    Sec. 24. new text begin [203B.30] EARLY VOTING. new text end 17.32 new text begin Any eligible voter may vote in person before election day in the manner provided new text end 17.33 new text begin in sections 203B.31 to 203B.35. new text end 18.1    Sec. 25. new text begin [203B.31] TIME PERIOD FOR EARLY VOTING. new text end 18.2 new text begin Early voting must be available to any eligible voter as provided in section 203B.32 new text end 18.3 new text begin for every primary, general, and special election from 15 days before the election through new text end 18.4 new text begin 5:00 p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the new text end 18.5 new text begin fourth day before the election must be allowed to vote. new text end 18.6    Sec. 26. new text begin [203B.32] HOURS FOR EARLY VOTING. new text end 18.7 new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on new text end 18.8 new text begin each weekday during the time period provided in section 203B.31; from 8:00 a.m. to new text end 18.9 new text begin 8:00 p.m. on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on the second new text end 18.10 new text begin Saturday before the election. new text end 18.11    Sec. 27. new text begin [203B.33] LOCATIONS FOR EARLY VOTING. new text end 18.12 new text begin (a) Early voting must be made available at a polling place designated in the county new text end 18.13 new text begin auditor's office, at the municipal clerk's office in every municipality that has been new text end 18.14 new text begin delegated the responsibility to administer absentee voting as provided in section 203B.05, new text end 18.15 new text begin and at any other location designated by the county auditor or municipal clerk at least 90 new text end 18.16 new text begin days before the election. At least one voting station and one ballot marking device for new text end 18.17 new text begin disabled voters must be made available in each polling place. new text end 18.18 new text begin (b) The county auditor must make at least one ballot box available in each polling new text end 18.19 new text begin place. As soon as practicable following the public accuracy test, the county auditor must new text end 18.20 new text begin make an electronic ballot counter available. new text end 18.21    Sec. 28. new text begin [203B.34] NOTICE TO VOTERS. new text end 18.22 new text begin The county auditor must prepare a notice to the voters of the days, times, and new text end 18.23 new text begin locations for early voting. This notice must be posted on the county's Web site and the new text end 18.24 new text begin Web site for each municipality in the county where an early voting location is designated new text end 18.25 new text begin for the election at least 14 days before the first day for early voting. new text end 18.26    Sec. 29. new text begin [203B.35] PROCEDURES FOR EARLY VOTING. new text end 18.27     new text begin Subdivision 1. new text end new text begin Voting procedure. new text end new text begin Each voter shall sign an early voting roster new text end 18.28 new text begin that includes the certification provided in section 204C.10. An individual who is not new text end 18.29 new text begin registered to vote must register in the manner provided in section 201.061, subdivision 3. new text end 18.30 new text begin After the voter has signed a roster, a member of the ballot board must provide a ballot new text end 18.31 new text begin to the voter. Ballots must be prepared and distributed by members of the ballot board in new text end 18.32 new text begin the manner provided in section 204C.09. The voter must mark the ballot and deposit it in new text end 19.1 new text begin either a precinct voting system or a sealed ballot box. A voter may not leave the polling new text end 19.2 new text begin place with the ballot. new text end 19.3     new text begin Subd. 2. new text end new text begin Processing of ballots. new text end new text begin Ballots cast pursuant to sections 203B.30 to 203B.35 new text end 19.4 new text begin must be processed and counted by a ballot board, and a record that voters who cast a ballot new text end 19.5 new text begin early have voted at the election must be created, as required in section 203B.121. new text end 19.6    Sec. 30. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read: 19.7    Subd. 2. Procedure. Notice of the election and the special mail procedure must be 19.8given at least six weeks prior to the election. Not more than 30 days nor later than 14 days 19.9prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters 19.10registered in the town or unorganized territory. No later than 14 days before the election, 19.11the auditor must make a subsequent mailing of ballots to those voters who register to vote 19.12after the initial mailing but before the 20th day before the election. Eligible voters not 19.13registered at the time the ballots are mailed may apply for ballots as provided in chapter 19.14203B. Ballot return envelopes, with return postage provided, must be preaddressed to the 19.15auditor or clerk and the voter may return the ballot by mail or in person to the office of 19.16the auditor or clerk. The auditor or clerk may new text begin must new text end appoint election judges new text begin a ballot board new text end 19.17to examine the return envelopes and mark them "accepted" or "rejected" during the 30 19.18days before the election. new text begin within three days of receipt if there are 14 or fewer days before new text end 19.19 new text begin election day, or within five days of receipt if there are more than 14 days before election new text end 19.20 new text begin day. The board may consist of staff trained as election judges, in which case, the board is new text end 19.21 new text begin exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in new text end 19.22 new text begin appointment of judges and to duties to be performed by judges or members of a ballot new text end 19.23 new text begin board of different major political parties. new text end If an envelope has been rejected at least five days 19.24before the election, the ballots in the envelope must be considered spoiled ballots new text begin remain new text end 19.25 new text begin sealed new text end and the auditor or clerk shall provide the voter with a replacement ballot and return 19.26envelope in place of the spoiled ballot. new text begin If the ballot is rejected within five days of the new text end 19.27 new text begin election, the envelope must remain sealed and the official in charge of the ballot board must new text end 19.28 new text begin attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot new text end 19.29 new text begin has been rejected. The official must document the attempts made to contact the voter. new text end 19.30 new text begin Notwithstanding any rule to the contrary, the ballots from return envelopes marked new text end 19.31 new text begin "Accepted" must be promptly opened, duplicated as needed in the manner provided by new text end 19.32 new text begin section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited new text end 19.33 new text begin in the ballot box. These duties must be performed by two members of the ballot board of new text end 19.34 new text begin different major political parties. new text end 20.1 new text begin In all other respects, the provisions of the Minnesota Election Law governing new text end 20.2 new text begin deposit and counting of ballots apply. new text end 20.3 new text begin No vote totals from mail or absentee ballots may be made public before the close new text end 20.4 new text begin of voting on election day. new text end 20.5The costs of the mailing shall be paid by the election jurisdiction in which the voter 20.6resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 20.7 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 20.8 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 20.9 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 20.10 new text begin expected volume of use. new text end 20.11    Sec. 31. Minnesota Statutes 2008, section 204B.46, is amended to read: 20.12204B.46 MAIL ELECTIONS; QUESTIONS. 20.13    A county, municipality, or school district submitting questions to the voters at a 20.14special election may conduct an election by mail with no polling place other than the 20.15office of the auditor or clerk. No more than two questions may be submitted at a mail 20.16election and no offices may be voted on. Notice of the election must be given to the county 20.17auditor at least 53 days prior to the election. This notice shall also fulfill the requirements 20.18of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at 20.19least six weeks prior to the election. No earlier than 20 or new text begin 30 nor new text end later than 14 days prior 20.20to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters 20.21registered in the county, municipality, or school district. new text begin No later than 14 days before the new text end 20.22 new text begin election, the auditor or clerk must make a subsequent mailing of ballots to those voters new text end 20.23 new text begin who register to vote after the initial mailing but before the 20th day before the election. new text end 20.24Eligible voters not registered at the time the ballots are mailed may apply for ballots 20.25pursuant to chapter 203B. new text begin The auditor or clerk must appoint a ballot board to examine the new text end 20.26 new text begin return envelopes and mark them "Accepted" or "Rejected" within three days of receipt new text end 20.27 new text begin if there are 14 or fewer days before election day, or within five days of receipt if there new text end 20.28 new text begin are more than 14 days before election day. The board may consist of staff trained as new text end 20.29 new text begin election judges, in which case, the board is exempt from sections 204B.19, subdivision new text end 20.30 new text begin 5, and 204C.15, relating to party balance in appointment of judges and to duties to be new text end 20.31 new text begin performed by judges or members of a ballot board of different major political parties. If an new text end 20.32 new text begin envelope has been rejected at least five days before the election, the ballots in the envelope new text end 20.33 new text begin must remain sealed and the auditor or clerk must provide the voter with a replacement new text end 20.34 new text begin ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within new text end 21.1 new text begin five days of the election, the envelope must remain sealed and the official in charge of new text end 21.2 new text begin the ballot board must attempt to contact the voter by telephone or e-mail to notify the new text end 21.3 new text begin voter that the voter's ballot has been rejected. The official must document the attempts new text end 21.4 new text begin made to contact the voter. new text end 21.5 new text begin Notwithstanding any rule to the contrary, the ballots from return envelopes marked new text end 21.6 new text begin "Accepted" must be promptly opened, duplicated as needed in the manner provided new text end 21.7 new text begin by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the new text end 21.8 new text begin appropriate ballot box. These duties must be performed by two members of the ballot new text end 21.9 new text begin board of different major political parties. new text end 21.10 new text begin In all other respects, the provisions of the Minnesota Election Law governing new text end 21.11 new text begin deposit and counting of ballots apply. new text end 21.12 new text begin No vote totals from mail ballots may be made public before the close of voting new text end 21.13 new text begin on election day. new text end 21.14 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 21.15 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 21.16 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 21.17 new text begin expected volume of use. new text end 21.18    Sec. 32. Minnesota Statutes 2008, section 204C.10, is amended to read: 21.19204C.10 PERMANENT REGISTRATION; VERIFICATION OF 21.20REGISTRATION. 21.21(a) An individual seeking to vote shall sign a polling place roster which states 21.22that the individual is at least 18 years of age, a citizen of the United States, has resided 21.23in Minnesota for 20 days immediately preceding the election, maintains residence at 21.24the address shown, is not under a guardianship in which the court order revokes the 21.25individual's right to vote, has not been found by a court of law to be legally incompetent 21.26to vote or has the right to vote because, if the individual was convicted of a felony, the 21.27felony sentence has expired or been completed or the individual has been discharged from 21.28the sentence, is registered and has not already voted in the election. The roster must also 21.29state: " new text begin . The polling place roster must state: "I certify that I have not already voted in new text end 21.30 new text begin this election. I certify that I am at least 18 years of age and a citizen of the United States; new text end 21.31 new text begin that I reside at the address shown and have resided in Minnesota for 20 days immediately new text end 21.32 new text begin preceding this election; that I am not under guardianship of the person in which the court new text end 21.33 new text begin order revokes my right to vote, have not been found by a court to be legally incompetent new text end 21.34 new text begin to vote, and that if convicted of a felony, my felony sentence has expired (been completed) new text end 22.1 new text begin or I have been discharged from my sentence; and that I am registered and will be voting new text end 22.2 new text begin only in this precinct. new text end I understand that deliberately providing false information is a felony 22.3punishable by not more than five years imprisonment and a fine of not more than $10,000, 22.4or both." new text begin The words "I have not already voted in this election" and "I understand that new text end 22.5 new text begin deliberately providing false information is a felony" must be in bold type. new text end 22.6(b) new text begin An individual voting early under sections 203B.30 to 203B.35 must sign a new text end 22.7 new text begin roster that meets the additional requirements of this paragraph. In addition to the content new text end 22.8 new text begin required under paragraph (a), the roster must also state in bold type: "I understand that new text end 22.9 new text begin after I have cast my ballot today, I cannot vote again in this election." new text end 22.10 new text begin (c) new text end A judge may, before the applicant signs the roster, confirm the applicant's name, 22.11address, and date of birth. new text begin If the ballot board has not marked the roster in accordance with new text end 22.12 new text begin section 203B.121, the election judge must review the supplemental list of those who have new text end 22.13 new text begin already voted to ensure that the voter's name is not on the list. If a voter's name is on the new text end 22.14 new text begin list, the voter must not be allowed to sign the roster or to vote on election day. new text end 22.15(c) new text begin (d) new text end After the applicant signs the roster, the judge shall give the applicant a voter's 22.16receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 22.17of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 22.18voters' receipts must be maintained during the time for notice of filing an election contest. 22.19 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 22.20 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 22.21 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 22.22 new text begin expected volume of use. new text end 22.23    Sec. 33. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read: 22.24    Subd. 6. Challenge of voter; time limits; disposition of ballots. At any time 22.25before the ballots of any voter are deposited in the ballot boxes, the election judges or any 22.26individual who was not present at the time the voter procured the ballots, but not otherwise, 22.27may challenge the eligibility of that voter and the deposit of any received absentee ballots 22.28in the ballot boxes. The election judges shall determine the eligibility of any voter who is 22.29present in the polling place in the manner provided in section 204C.12, and if the voter is 22.30found to be not eligible to vote, shall place the ballots of that voter unopened among the 22.31spoiled ballots. The election judges shall determine whether to receive or reject the ballots 22.32of an absent voter and whether to deposit received absentee ballots in the ballot boxes in 22.33the manner provided in sections , , and , and shall dispose of any 22.34absentee ballots not received or deposited in the manner provided in section . A 22.35violation of this subdivision by an election judge is a gross misdemeanor. 23.1 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 23.2 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 23.3 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 23.4 new text begin expected volume of use. new text end 23.5    Sec. 34. Minnesota Statutes 2008, section 204C.27, is amended to read: 23.6204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS. 23.7     new text begin Subdivision 1. new text end new text begin Election supplies. new text end One or more of the election judges in each 23.8precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and 23.9gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either 23.10directly to the municipal clerk for transmittal to the county auditor's office or directly to 23.11the county auditor's office as soon as possible after the vote counting is completed but 23.12no later than 24 hours after the end of the hours for voting. One or more election judges 23.13shall deliver the remaining set of summary statements and returns, all unused and spoiled 23.14municipal and school district ballots, the envelopes containing municipal and school 23.15district ballots, and all other things furnished by the municipal or school district clerk, to 23.16the municipal or school district clerk's office within 24 hours after the end of the hours 23.17for voting. The municipal or school district clerk shall return all polling place rosters and 23.18completed voter registration cards to the county auditor within 48 hours after the end 23.19of the hours for voting. 23.20     new text begin Subd. 2. new text end new text begin Rejected absentee ballots. new text end new text begin All absentee ballots that were rejected and new text end 23.21 new text begin their accompanying absentee ballot applications must be delivered to the county auditor new text end 23.22 new text begin within 48 hours after the end of the hours for voting. new text end 23.23    Sec. 35. Minnesota Statutes 2008, section 204C.30, is amended by adding a 23.24subdivision to read: 23.25     new text begin Subd. 3. new text end new text begin Review of rejected absentee ballots. new text end new text begin Prior to the meeting of the county new text end 23.26 new text begin canvassing board to canvass the results of the state general election, the county auditor new text end 23.27 new text begin must review any absentee ballots that were marked rejected to determine whether any new text end 23.28 new text begin were rejected in error. If the county canvassing board agrees that any ballots were rejected new text end 23.29 new text begin in error, the board must publicly open the return and ballot envelopes and initial and new text end 23.30 new text begin count the ballots to include the votes in all races in the results canvassed by the board. new text end 23.31 new text begin The county canvassing board must protect the privacy of voters' choices to the extent new text end 23.32 new text begin practicable. Except as provided in this subdivision, a rejected absentee ballot may not be new text end 23.33 new text begin reviewed outside of an election contest under chapter 209. new text end 24.1    Sec. 36. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read: 24.2    Subdivision 1. County canvass. The county canvassing board shall meet at the 24.3county auditor's office on or before the seventh day new text begin between the third and tenth days new text end 24.4following the state general election. After taking the oath of office, the board shall 24.5promptly and publicly canvass the general election returns delivered to the county auditor. 24.6Upon completion of the canvass, the board shall promptly prepare and file with the county 24.7auditor a report which states: 24.8(a) the number of individuals voting at the election in the county and in each precinct; 24.9(b) the number of individuals registering to vote on election day and the number of 24.10individuals registered before election day in each precinct; 24.11(c) the names of the candidates for each office and the number of votes received 24.12by each candidate in the county and in each precinct, including write-in candidates for 24.13state and federal office who have requested under section 204B.09 that votes for those 24.14candidates be tallied; 24.15(d) the number of votes counted for and against a proposed change of county lines 24.16or county seat; and 24.17(e) the number of votes counted for and against a constitutional amendment or other 24.18question in the county and in each precinct. 24.19The result of write-in votes cast on the general election ballots must be compiled by 24.20the county auditor before the county canvass, except that write-in votes for a candidate 24.21for state or federal office must not be counted unless the candidate has timely filed a 24.22request under section 204B.09, subdivision 3. The county auditor shall arrange for each 24.23municipality to provide an adequate number of election judges to perform this duty or 24.24the county auditor may appoint additional election judges for this purpose. The county 24.25auditor may open the envelopes or containers in which the voted ballots have been 24.26sealed in order to count and record the write-in votes and must reseal the voted ballots 24.27at the conclusion of this process. 24.28Upon completion of the canvass, the county canvassing board shall declare the 24.29candidate duly elected who received the highest number of votes for each county and state 24.30office voted for only within the county. The county auditor shall transmit one of the 24.31certified copies of the county canvassing board report for state and federal offices to the 24.32secretary of state by express mail or similar service immediately upon conclusion of 24.33the county canvass. 24.34    Sec. 37. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read: 25.1    Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary of 25.2state's office on the second new text begin third new text end Tuesday following the state general election to canvass 25.3the certified copies of the county canvassing board reports received from the county 25.4auditors and shall prepare a report that states: 25.5(a) the number of individuals voting in the state and in each county; 25.6(b) the number of votes received by each of the candidates, specifying the counties 25.7in which they were cast; and 25.8(c) the number of votes counted for and against each constitutional amendment, 25.9specifying the counties in which they were cast. 25.10All members of the State Canvassing Board shall sign the report and certify its 25.11correctness. The State Canvassing Board shall declare the result within three days after 25.12completing the canvass. 25.13    Sec. 38. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read: 25.14    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) 25.15Within seven new text begin Between 11 and 17 new text end days after an election, new text begin a state general election, and within new text end 25.16 new text begin 17 days after any other election, new text end the governing body of a city conducting any election 25.17including a special municipal election, or the governing body of a town conducting the 25.18general election in November shall act as the canvassing board, canvass the returns, and 25.19declare the results of the election. The governing body of a town conducting the general 25.20election in March shall act as the canvassing board, canvass the returns, and declare the 25.21results of the election within two days after an election. 25.22(b) After the time for contesting elections has passed, the municipal clerk shall issue a 25.23certificate of election to each successful candidate. In case of a contest, the certificate shall 25.24not be issued until the outcome of the contest has been determined by the proper court. 25.25(c) In case of a tie vote, the canvassing board having jurisdiction over the 25.26municipality shall determine the result by lot. The clerk of the canvassing board shall 25.27certify the results of the election to the county auditor, and the clerk shall be the final 25.28custodian of the ballots and the returns of the election. 25.29    Sec. 39. Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision 25.30to read: 25.31     new text begin Subd. 5. new text end new text begin Review of rejected absentee ballots. new text end new text begin Prior to an election not held new text end 25.32 new text begin in conjunction with a state election, a clerk may arrange to have a certified election new text end 25.33 new text begin administrator from a county or another city review all ballots that were marked rejected to new text end 25.34 new text begin determine whether any were rejected in error. These arrangements must be made at least new text end 26.1 new text begin seven days before the date of the election. If no arrangements are made, rejected absentee new text end 26.2 new text begin ballots must not be reviewed outside of an election contest under chapter 209. If the new text end 26.3 new text begin certified election administrator determines that any were rejected in error, the canvassing new text end 26.4 new text begin board must publicly open the return and ballot envelopes and initial and count the ballots new text end 26.5 new text begin to include the votes in all races in the results canvassed by the board. The canvassing board new text end 26.6 new text begin must protect the privacy of the voters' choices to the extent practicable. If the number of new text end 26.7 new text begin rejected absentee ballots could not possibly change the outcome in any of the elections or new text end 26.8 new text begin questions on the ballot, the clerk may cancel the review of the rejected absentee ballots. new text end 26.9    Sec. 40. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read: 26.10    Subd. 2. Election, conduct. A school district election must be by secret ballot and 26.11must be held and the returns made in the manner provided for the state general election, as 26.12far as practicable. The vote totals from an absentee new text begin a new text end ballot board established pursuant 26.13to section new text begin 203B.121 new text end may be tabulated and reported by the school district as a 26.14whole rather than by precinct. For school district elections not held in conjunction with a 26.15statewide election, the school board shall appoint election judges as provided in section 26.16204B.21, subdivision 2 . The provisions of sections 204B.19, subdivision 5; 204B.21, 26.17subdivision 2 ; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 26.18balance in appointment of judges and to duties to be performed by judges of different 26.19major political parties do not apply to school district elections not held in conjunction 26.20with a statewide election. 26.21 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 26.22 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 26.23 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 26.24 new text begin expected volume of use. new text end 26.25    Sec. 41. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read: 26.26    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Within 26.27seven new text begin Between 11 and 17 new text end days after a school district election new text begin held concurrently with a new text end 26.28 new text begin state general election, and within seven days after a school district election held on any new text end 26.29 new text begin other date, new text end other than a recount of a special election conducted under section 126C.17, 26.30subdivision 9 , or 475.59, the school board shall canvass the returns and declare the 26.31results of the election. After the time for contesting elections has passed, the school 26.32district clerk shall issue a certificate of election to each successful candidate. If there is a 26.33contest, the certificate of election to that office must not be issued until the outcome of the 26.34contest has been determined by the proper court. If there is a tie vote, the school board 27.1shall determine the result by lot. The clerk shall deliver the certificate of election to the 27.2successful candidate by personal service or certified mail. The successful candidate shall 27.3file an acceptance and oath of office in writing with the clerk within 30 days of the date 27.4of mailing or personal service. A person who fails to qualify prior to the time specified 27.5shall be deemed to have refused to serve, but that filing may be made at any time before 27.6action to fill the vacancy has been taken. The school district clerk shall certify the results 27.7of the election to the county auditor, and the clerk shall be the final custodian of the ballots 27.8and the returns of the election. 27.9A school district canvassing board shall perform the duties of the school board 27.10according to the requirements of this subdivision for a recount of a special election 27.11conducted under section 126C.17, subdivision 9, or 475.59. 27.12    Sec. 42. Minnesota Statutes 2008, section 205A.10, is amended by adding a 27.13subdivision to read: 27.14     new text begin Subd. 6. new text end new text begin Review of rejected absentee ballots. new text end new text begin Prior to an election not held new text end 27.15 new text begin in conjunction with a state election, a clerk may arrange to have a certified election new text end 27.16 new text begin administrator from a county or another city review all ballots that were marked rejected to new text end 27.17 new text begin determine whether any were rejected in error. These arrangements must be made at least new text end 27.18 new text begin seven days before the date of the election. If no arrangements are made, rejected absentee new text end 27.19 new text begin ballots must not be reviewed outside of an election contest under chapter 209. If the new text end 27.20 new text begin certified election administrator determines that any were rejected in error, the canvassing new text end 27.21 new text begin board must publicly open the return and ballot envelopes and initial and count the ballots new text end 27.22 new text begin to include the votes in all races in the results canvassed by the board. The canvassing board new text end 27.23 new text begin must protect the privacy of the voters' choices to the extent practicable. If the number of new text end 27.24 new text begin rejected absentee ballots could not possibly change the outcome in any of the elections or new text end 27.25 new text begin questions on the ballot, the clerk may cancel the review of the rejected absentee ballots. new text end 27.26    Sec. 43. Minnesota Statutes 2008, section 206.83, is amended to read: 27.27206.83 TESTING OF VOTING SYSTEMS. 27.28Within 14 days before election day, The official in charge of elections shall have 27.29the voting system tested to ascertain that the system will correctly mark ballots using all 27.30methods supported by the system, including through assistive technology, and count the 27.31votes cast for all candidates and on all questions. Public notice of the time and place of the 27.32test must be given at least two days in advance by publication once in official newspapers. 27.33The test must be observed by at least two election judges, who are not of the same major 27.34political party, and must be open to representatives of the political parties, candidates, the 28.1press, and the public. The test must be conducted by (1) processing a preaudited group 28.2of ballots punched or marked to record a predetermined number of valid votes for each 28.3candidate and on each question, and must include for each office one or more ballot cards 28.4which have votes in excess of the number allowed by law in order to test the ability of 28.5the voting system tabulator and electronic ballot marker to reject those votes; and (2) 28.6processing an additional test deck of ballots marked using the electronic ballot marker 28.7for the precinct, including ballots marked using the electronic ballot display, audio ballot 28.8reader, and any assistive voting technology used with the electronic ballot marker. If any 28.9error is detected, the cause must be ascertained and corrected and an errorless count must 28.10be made before the voting system may be used in the election. After the completion of 28.11the test, the programs used and ballot cards must be sealed, retained, and disposed of as 28.12provided for paper ballots. 28.13 new text begin Testing of equipment used for early voting must be conducted as soon as practicable new text end 28.14 new text begin after the equipment has been programmed. Testing of equipment used on the day of the new text end 28.15 new text begin election must be conducted within the 14 days before election day. new text end 28.16    Sec. 44. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read: 28.17    Subd. 2. Selection for review; notice. At the canvass of the state primary, the 28.18county canvassing board in each county must set the date, time, and place for the 28.19postelection review of the state general election to be held under this section. 28.20    At the canvass of the state general election, the county canvassing boards must select 28.21the precincts to be reviewed by lot. new text begin Ballots counted centrally by a ballot board shall be new text end 28.22 new text begin considered one precinct eligible to be selected for purposes of this subdivision. new text end The county 28.23canvassing board of a county with fewer than 50,000 registered voters must conduct a 28.24postelection review of a total of at least two precincts. The county canvassing board of a 28.25county with between 50,000 and 100,000 registered voters must conduct a review of a total 28.26of at least three precincts. The county canvassing board of a county with over 100,000 28.27registered voters must conduct a review of a total of at least four precincts, or three percent 28.28of the total number of precincts in the county, whichever is greater. At least one precinct 28.29selected in each county must have had more than 150 votes cast at the general election. 28.30    The county auditor must notify the secretary of state of the precincts that have been 28.31chosen for review and the time and place the postelection review for that county will be 28.32conducted, as soon as the decisions are made. If the selection of precincts has not resulted 28.33in the selection of at least four precincts in each congressional district, the secretary of state 28.34may require counties to select by lot additional precincts to meet the congressional district 28.35requirement. The secretary of state must post this information on the office Web site. 29.1    Sec. 45. Minnesota Statutes 2008, section 208.05, is amended to read: 29.2208.05 STATE CANVASSING BOARD. 29.3The State Canvassing Board at its meeting on the second Tuesday after each state 29.4general election new text begin date provided in section 204C.33 new text end shall open and canvass the returns 29.5made to the secretary of state for presidential electors and alternates, prepare a statement 29.6of the number of votes cast for the persons receiving votes for these offices, and declare 29.7the person or persons receiving the highest number of votes for each office duly elected. 29.8When it appears that more than the number of persons to be elected as presidential electors 29.9or alternates have the highest and an equal number of votes, the secretary of state, in the 29.10presence of the board shall decide by lot which of the persons shall be declared elected. 29.11The governor shall transmit to each person declared elected a certificate of election, signed 29.12by the governor, sealed with the state seal, and countersigned by the secretary of state. 29.13    Sec. 46. new text begin REPEALER. new text end 29.14 new text begin Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.11, new text end 29.15 new text begin subdivision 2; 203B.12; 203B.13; and 203B.25, new text end new text begin are repealed. new text end 29.16 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 29.17 new text begin certified that the statewide voter registration system has been tested, shown to properly new text end 29.18 new text begin allow municipal clerks to update absentee voting records, and to be able to handle the new text end 29.19 new text begin expected volume of use. new text end 29.20    Sec. 47. new text begin EFFECTIVE DATE; APPLICABILITY. new text end 29.21 new text begin The provisions of this article related to early voting are effective when the secretary new text end 29.22 new text begin of state has certified that: new text end 29.23 new text begin (1) the statewide voter registration system has been tested, shown to properly allow new text end 29.24 new text begin for the tracking of the information required to conduct early voting, and can handle the new text end 29.25 new text begin expected volume of use; and new text end 29.26 new text begin (2) voting equipment that can tabulate at least 30 different ballot styles has been new text end 29.27 new text begin certified for use in this state. Upon certification pursuant to this paragraph, the provisions new text end 29.28 new text begin of this article related to early voting apply to all federal, state, county, and city elections new text end 29.29 new text begin held on September 1, 2010, and thereafter, and to all other elections held on January 1, new text end 29.30 new text begin 2014, and thereafter. A jurisdiction may implement the requirements of this chapter prior new text end 29.31 new text begin to the date provided in this paragraph, if the secretary of state has made the required new text end 29.32 new text begin certifications at least 90 days prior to the date of the election at which early voting will new text end 29.33 new text begin be used. new text end 30.1ARTICLE 2 30.2ELECTION ADMINISTRATION 30.3    Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to 30.4read: 30.5    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice 30.6to any voter who the county auditor can determine has voted new text begin : (1) provided the address at new text end 30.7 new text begin which the voter maintains residence, but was allowed to vote new text end in a precinct other than the 30.8precinct in which the voter maintains residence new text begin ; and (2) not voted in the wrong precinct new text end 30.9 new text begin previously new text end . The notice must be in the form provided by the secretary of state. 30.10 new text begin (b) The county auditor shall mail a violation notice to any voter who otherwise voted new text end 30.11 new text begin in a precinct in which the voter did not maintain residence on election day. new text end The county 30.12auditor shall also change the status of the voter in the statewide registration system to 30.13"challenged" and the voter shall be required to provide proof of residence to either the 30.14county auditor or to the election judges in the voter's precinct before voting in the next 30.15election. Any of the forms authorized by section 201.061 for registration at the polling 30.16place may be used for this purpose. 30.17(b) new text begin (c) new text end A voter who votes in a precinct other than the precinct in which the 30.18voter maintains residence after receiving an initial violation notice as provided in this 30.19subdivision is guilty of a petty misdemeanor. 30.20(c) new text begin (d) new text end A voter who votes in a precinct other than the precinct in which the voter 30.21maintains residence after having been found to have committed a petty misdemeanor 30.22under paragraph (b) is guilty of a misdemeanor. 30.23(d) new text begin (e) new text end Reliance by the voter on inaccurate information regarding the location of 30.24the voter's polling place provided by the state, county, or municipality is an affirmative 30.25defense to a prosecution under this subdivision. 30.26    Sec. 2. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read: 30.27    Subd. 2. Duration of residence. The governing body of any city by resolution may 30.28require an eligible voter to maintain residence in a precinct for a period of 30 days prior 30.29to voting on any question affecting only that precinct or voting to elect public officials 30.30representing only that precinct. The governing body of any town by resolution may 30.31require an eligible voter to maintain residence in that town for a period of 30 days prior 30.32to voting in a town election. The school board of any school district by resolution may 30.33require an eligible voter to maintain residence in that school district for a period of 30 days 30.34prior to voting in a school district election. new text begin If a political boundary, including a precinct, new text end 31.1 new text begin municipal, or school district boundary, is redrawn within the 30 days prior to an election new text end 31.2 new text begin in a manner that places an eligible voter in a new jurisdiction and the eligible voter has new text end 31.3 new text begin not changed residence during the 30 days prior to the election, the eligible voter meets new text end 31.4 new text begin any residency requirement imposed under this subdivision. new text end 31.5    Sec. 3. Minnesota Statutes 2008, section 201.056, is amended to read: 31.6201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 31.7    An individual who is unable to write the individual's name shall be required to sign 31.8a registration application in the manner provided by section 645.44, subdivision 14. If 31.9the individual registers in person and signs by making a mark, the clerk or election judge 31.10accepting the registration shall certify the mark by signing the individual's name. If the 31.11individual registers by mail and signs by making a mark, the mark shall be certified by 31.12having a voter registered in the individual's precinct sign the individual's name and the 31.13voter's own name and give the voter's own address. new text begin An individual who has power of new text end 31.14 new text begin attorney for another person may not sign election-related documents for that person, new text end 31.15 new text begin except as provided by this section. new text end 31.16    Sec. 4. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read: 31.17    Subdivision 1. Prior to election day. At any time except during the 20 days 31.18immediately preceding any regularly scheduled election, an eligible voter or any 31.19individual who will be an eligible voter at the time of the next election may register to vote 31.20in the precinct in which the voter maintains residence by completing a voter registration 31.21application as described in section 201.071, subdivision 1, and submitting it in person 31.22or by mail to the county auditor of that county or to the Secretary of State's Office. 31.23A registration that is received no later than 5:00 p.m. on the 21st day preceding any 31.24election shall be accepted. An improperly addressed or delivered registration application 31.25shall be forwarded within two working days after receipt to the county auditor of the 31.26county where the voter maintains residence. A state or local agency or an individual that 31.27accepts completed voter registration applications from a voter must submit the completed 31.28applications to the secretary of state or the appropriate county auditor within ten new text begin business new text end 31.29days after the applications are dated by the voter. 31.30For purposes of this section, mail registration is defined as a voter registration 31.31application delivered to the secretary of state, county auditor, or municipal clerk by the 31.32United States Postal Service or a commercial carrier. 32.1    Sec. 5. Minnesota Statutes 2008, section 201.11, is amended to read: 32.2201.11 PRECINCT BOUNDARIES new text begin ; HOUSE NUMBER; STREET ADDRESS new text end 32.3CHANGED, CHANGE OF FILES. 32.4     new text begin Subdivision 1. new text end new text begin Precinct boundaries changed. new text end When the boundaries of a precinct 32.5are changed, the county auditor shall immediately update the voter records for that 32.6precinct in the statewide new text begin voter new text end registration system to accurately reflect those changes. 32.7     new text begin Subd. 2. new text end new text begin House number or street address changed. new text end new text begin If a municipality new text end 32.8 new text begin administratively changes the number or name of a street address of an existing residence, new text end 32.9 new text begin the municipal clerk shall promptly notify the county auditor and the county auditor new text end 32.10 new text begin shall immediately update the voter records of registered voters in the statewide voter new text end 32.11 new text begin registration system to accurately reflect that change. A municipality must not make a new text end 32.12 new text begin change to the number or name of a street address of an existing residence effective during new text end 32.13 new text begin the 45 days prior to any election in a jurisdiction which includes the affected residence. new text end 32.14    Sec. 6. Minnesota Statutes 2008, section 201.12, is amended to read: 32.15201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 32.16CHALLENGES. 32.17    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 32.18excess names, the county auditor may mail to any registered voter a notice stating the 32.19voter's name and address as they appear in the registration files. The notice shall request 32.20the voter to notify the county auditor if there is any mistake in the information. 32.21    Subd. 2. Moved within state. If any nonforwardable mailing from an election 32.22official is returned as undeliverable but with a permanent forwarding address in this state, 32.23the county auditor may change the voter's status to "inactive" in the statewide registration 32.24system and shall notify new text begin transmit a copy of the mailing to new text end the auditor of the county in which 32.25the new address is located. Upon receipt of the notice, new text begin If an election is scheduled to occur new text end 32.26 new text begin in the precinct in which the voter resides in the next 47 days, new text end the county auditor shall 32.27 new text begin promptly new text end update the voter's address in the statewide new text begin voter new text end registration system and new text begin . If there new text end 32.28 new text begin is not an election scheduled, the auditor may wait to update the voter's address until after new text end 32.29 new text begin the next list of address changes is received from the secretary of state. Once updated, the new text end 32.30 new text begin county auditor shall new text end mail to the voter a notice stating the voter's name, address, precinct, 32.31and polling place. The notice must advise the voter that the voter's voting address has 32.32been changed and that the voter must notify the county auditor within 21 days if the 32.33new address is not the voter's address of residence. The notice must state that it must be 32.34returned if it is not deliverable to the voter at the named address. 33.1    Subd. 3. Moved out of state. If any nonforwardable mailing from an election 33.2official is returned as undeliverable but with a permanent forwarding address outside this 33.3state, the county auditor shall promptly mail to the voter at the voter's new address a notice 33.4advising the voter that the voter's status in the statewide new text begin voter new text end registration system will be 33.5changed to "inactive" unless the voter notifies the county auditor within 21 days that the 33.6voter is retaining the former address as the voter's address of residence. If the notice is 33.7not received by the deadline, the county auditor shall change the voter's status new text begin shall be new text end 33.8 new text begin changed new text end to "inactive" in the statewide new text begin voter new text end registration system. 33.9    Subd. 4. Challenges. If any nonforwardable mailing from an election official 33.10is returned as undeliverable but with no forwarding address, the county auditor shall 33.11change the registrant's status to "challenged" in the statewide new text begin voter new text end registration system. 33.12An individual challenged in accordance with this subdivision shall comply with the 33.13provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 33.1460 days after the return of the first nonforwardable mailing is also returned by the postal 33.15service, the county auditor shall change the registrant's status to "inactive" in the statewide 33.16 new text begin voter new text end registration system. 33.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 33.18    Sec. 7. Minnesota Statutes 2008, section 201.13, is amended to read: 33.19201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 33.20RECORDS. 33.21    Subdivision 1. Commissioner of health; reports of deceased residents. Pursuant 33.22to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 33.23shall report monthly by electronic means to the secretary of state the name, address, date 33.24of birth, and county of residence of each individual 18 years of age or older who has died 33.25while maintaining residence in Minnesota since the last previous report. The secretary of 33.26state shall determine if any of the persons listed in the report are registered to vote and 33.27shall prepare a list of those registrants for each county auditor. Within 60 days after 33.28receiving the list from the secretary of state, the county auditor shall change the status of 33.29those registrants to "deceased" in the statewide new text begin voter new text end registration system. 33.30    Subd. 2. Deceased nonresidents. After receiving notice of death of a voter who has 33.31died outside the county, the county auditor shall change the voter's status to "deceased." 33.32Notice must be in the form of a printed obituary or a written statement signed by a 33.33registered voter of the county. 34.1    Subd. 3. Use of change of address system. (a) At least once each month the 34.2secretary of state shall obtain a list of individuals registered to vote in this state who have 34.3filed with the United States Postal Service a change of their permanent address. new text begin However, new text end 34.4 new text begin the secretary of state shall not obtain this list within the 47 days before the state primary or new text end 34.5 new text begin 47 days before a November general election. new text end 34.6 new text begin (b) new text end If the address is changed to another address in this state, the secretary of state 34.7shall new text begin locate the precinct in which the voter resides, if possible. If the secretary of state new text end 34.8 new text begin is able to locate the precinct in which the voter resides, the secretary must new text end transmit the 34.9information about the changed address by electronic means to the county auditor of the 34.10county in which the new address is located. new text begin As long as the voter has not voted or submitted new text end 34.11 new text begin a voter registration application since the address change, new text end upon receipt of the information, 34.12the county auditor shall update the voter's address in the statewide new text begin voter new text end registration 34.13system and new text begin . The county auditor shall new text end mail to the voter a notice stating the voter's name, 34.14address, precinct, and polling place new text begin , unless the voter's record is challenged due to a felony new text end 34.15 new text begin conviction, noncitizenship, name change, incompetence, or a court's revocation of voting new text end 34.16 new text begin rights of individuals under guardianship, in which case a notice shall not be mailed new text end . The 34.17notice must advise the voter that the voter's voting address has been changed and that the 34.18voter must notify the county auditor within 21 days if the new address is not the voter's 34.19address of residence. The notice must state that it must be returned if it is not deliverable 34.20to the voter at the named address. 34.21    (b) new text begin (c) new text end If the change of permanent address is to an address outside this state, the 34.22secretary of state shall notify by electronic means the auditor of the county where the voter 34.23formerly resided that the voter has moved to another state. new text begin As long as the voter has not new text end 34.24 new text begin voted or submitted a voter registration application since the address change, new text end the county 34.25auditor shall promptly mail to the voter at the voter's new address a notice advising the 34.26voter that the voter's status in the statewide new text begin voter new text end registration system will be changed 34.27to "inactive" unless the voter notifies the county auditor within 21 days that the voter 34.28is retaining the former address as the voter's address of residence new text begin , except that if the new text end 34.29 new text begin voter's record is challenged due to a felony conviction, noncitizenship, name change, new text end 34.30 new text begin incompetence, or a court's revocation of voting rights of individuals under guardianship, a new text end 34.31 new text begin notice must not be mailed new text end . If the notice is not received by the deadline, the county auditor 34.32shall change the voter's status to "inactive" in the statewide new text begin voter new text end registration system. 34.33    Subd. 4. Request for removal of voter record. If a voter makes a written request 34.34for removal of the voter's record, the county auditor shall remove the record of the voter 34.35from the statewide new text begin voter new text end registration system. 34.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.1    Sec. 8. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read: 35.2    Subd. 3. Notice. The county or legislative district chair shall give at least six days' 35.3published notice of the holding of the precinct caucus, stating the place, date, and time for 35.4holding the caucus, and new text begin . The state party chair new text end shall deliver the same information to the 35.5municipal clerk and county auditor new text begin secretary of state in an electronic format designated new text end 35.6 new text begin by the secretary of state new text end at least 20 new text begin 30 new text end days before the precinct caucus. The county 35.7auditor new text begin secretary of state new text end shall make this information available new text begin in electronic format via new text end 35.8 new text begin the secretary of state Web site new text end at least ten days before the date of the caucuses to persons 35.9who request it. 35.10    Sec. 9. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read: 35.11    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 35.12who wants write-in votes for the candidate to be counted must file a written request with 35.13the filing office for the office sought no later than the seventh day before the general 35.14election. The filing officer shall provide copies of the form to make the request. 35.15    (b) A candidate for president of the United States who files a request under this 35.16subdivision must include the name of a candidate for vice-president of the United States. 35.17The request must also include the name of at least one candidate for presidential elector. 35.18The total number of names of candidates for presidential elector on the request may not 35.19exceed the total number of electoral votes to be cast by Minnesota in the presidential 35.20election. 35.21    (c) A candidate for governor who files a request under this subdivision must include 35.22the name of a candidate for lieutenant governor. 35.23 new text begin (d) A candidate who files a request under this subdivision must also pay the filing new text end 35.24 new text begin fee for that office or submit a petition in place of a filing fee, as provided in section new text end 35.25 new text begin 204B.11. The fee for a candidate for president of the United States is equal to that of new text end 35.26 new text begin the office of senator in Congress. new text end 35.27    Sec. 10. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read: 35.28    Subd. 4. new text begin Administrative new text end boundary change procedure. Any change in the 35.29boundary of an election precinct shall new text begin must new text end be adopted at least 90 days before the date 35.30of the next election and, for the state primary and general election, no later than June 1 35.31in the year of the state general election. The precinct boundary change shall not take 35.32effect until notice of the change has been posted in the office of the municipal clerk or 35.33county auditor for at least 60 days. 36.1The county auditor must publish a notice illustrating or describing the congressional, 36.2legislative, and county commissioner district boundaries in the county in one or more 36.3qualified newspapers in the county at least 14 days prior to the first day to file affidavits of 36.4candidacy for the state general election in the year ending in two. 36.5Alternate dates for adopting changes in precinct boundaries, posting notices 36.6of boundary changes, and notifying voters affected by boundary changes pursuant 36.7to this subdivision, and procedures for coordinating precinct boundary changes with 36.8reestablishing local government election district boundaries may be established in the 36.9manner provided in the rules of the secretary of state. 36.10    Sec. 11. Minnesota Statutes 2008, section 204B.14, is amended by adding a subdivision 36.11to read: 36.12     new text begin Subd. 4a. new text end new text begin Municipal boundary adjustment procedure. new text end new text begin Any change in the new text end 36.13 new text begin boundary of an election precinct that has occurred as a result of a municipal boundary new text end 36.14 new text begin adjustment made pursuant to chapter 414 which is effective more than 21 days preceding new text end 36.15 new text begin any regularly scheduled election shall take effect at the scheduled election. new text end 36.16 new text begin Any change in the boundary of an election precinct that has occurred as a result of new text end 36.17 new text begin a municipal boundary adjustment made pursuant to chapter 414 which is effective less new text end 36.18 new text begin than 21 days preceding any regularly scheduled election shall not take effect until the new text end 36.19 new text begin day after the scheduled election. new text end 36.20    Sec. 12. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read: 36.21    Subdivision 1. Authority; location. The governing body of each municipality and 36.22of each county with precincts in unorganized territory shall designate by ordinance or 36.23resolution a polling place for each election precinct. Polling places must be designated and 36.24ballots must be distributed so that no one is required to go to more than one polling place 36.25to vote in a school district and municipal election held on the same day. The polling place 36.26for a precinct in a city or in a school district located in whole or in part in the metropolitan 36.27area defined by section 200.02, subdivision 24, shall be located within the boundaries of 36.28the precinct or within one mile of one of those boundaries unless a single polling place 36.29is designated for a city pursuant to section 204B.14, subdivision 2, or a school district 36.30pursuant to section 205A.11. The polling place for a precinct in unorganized territory may 36.31be located outside the precinct at a place which is convenient to the voters of the precinct. 36.32If no suitable place is available within a town or within a school district located outside 36.33the metropolitan area defined by section 200.02, subdivision 24, then the polling place for 37.1a town or school district may be located outside the town or school district within five 37.2miles of one of the boundaries of the town or school district. 37.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2010. new text end 37.4    Sec. 13. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read: 37.5    Subdivision 1. Booths; voting stations. Each polling place must contain a number 37.6of voting booths or voting stations in proportion to the number of individuals eligible 37.7to vote in the precinct. Each booth or station must be at least six feet high, three feet 37.8deep and two feet wide with a shelf at least two feet long and one foot wide placed at a 37.9convenient height for writing. The booth or station shall permit the voter to vote privately 37.10and independently. Each polling place must have at least one accessible voting booth 37.11or other accessible voting station and beginning with federal and state elections held 37.12after December 31, 2005, and county, municipal, and school district elections held after 37.13December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 37.14America Vote Act, Public Law 107-252. new text begin Local officials must make accessible voting new text end 37.15 new text begin stations purchased with funds provided from the Help America Vote Act account available new text end 37.16 new text begin to other local jurisdictions holding stand-alone elections. Local officials who purchased new text end 37.17 new text begin the equipment may charge the other local jurisdictions for the costs of programming new text end 37.18 new text begin the equipment, as well as a prorated cost of maintenance on the equipment. Any funds new text end 37.19 new text begin received for use of the accessible voting equipment must be treated as program income new text end 37.20 new text begin and deposited into the jurisdiction's Help America Vote Act account. new text end All booths or 37.21stations must be constructed so that a voter is free from observation while marking ballots. 37.22During the hours of voting, the booths or stations must have instructions, a pencil, and 37.23other supplies needed to mark the ballots. A chair must be provided for elderly voters 37.24and voters with disabilities to use while voting or waiting to vote. Stable flat writing 37.25surfaces must also be made available to voters who are completing election-related forms. 37.26All ballot boxes, voting booths, voting stations, and election judges must be in open 37.27public view in the polling place. 37.28    Sec. 14. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read: 37.29    Subd. 2. Election law and instructions. The secretary of state shall prepare and 37.30publish a volume containing all state general laws relating to elections. The attorney 37.31general shall provide annotations to the secretary of state for this volume. On or before 37.32July new text begin August new text end 1 of every even-numbered new text begin odd-numbered new text end year the secretary of state shall 37.33furnish to the county auditors and municipal clerks enough copies of this volume so that 37.34each county auditor and municipal clerk will have at least one copy. new text begin On or before July 1 new text end 38.1 new text begin of every even-numbered year, the secretary of state shall prepare and make an electronic new text end 38.2 new text begin copy available on the office's Web site. new text end The secretary of state may prepare and transmit 38.3to the county auditors and municipal clerks detailed written instructions for complying 38.4with election laws relating to the conduct of elections, conduct of voter registration and 38.5voting procedures. 38.6    Sec. 15. Minnesota Statutes 2008, section 204B.33, is amended to read: 38.7204B.33 NOTICE OF FILING. 38.8(a) Between June 1 and July 1 in each even-numbered year, the secretary of state 38.9shall notify each county auditor of the offices to be voted for in that county at the next 38.10state general election for which candidates file with the secretary of state. The notice shall 38.11include the time and place of filing for those offices. Within ten days after notification by 38.12the secretary of state, each county auditor shall notify each municipal clerk in the county 38.13of all the offices to be voted for in the county at that election and the time and place for 38.14filing for those offices. The county auditors and municipal clerks shall promptly post a 38.15copy of that notice in their offices new text begin and post a notice of the offices that will be on the new text end 38.16 new text begin ballot on their Web site new text end new text begin , if one is available new text end . 38.17(b) At least two weeks before the first day to file an affidavit of candidacy, the 38.18county auditor shall publish a notice stating the first and last dates on which affidavits of 38.19candidacy may be filed in the county auditor's office and the closing time for filing on the 38.20last day for filing. The county auditor shall post a similar notice at least ten days before 38.21the first day to file affidavits of candidacy. 38.22    Sec. 16. new text begin [204B.335] ELECTION RESULTS REPORTING SYSTEM; new text end 38.23 new text begin CANDIDATE FILING. new text end 38.24 new text begin For state primary and general elections, the county auditor must enter the offices new text end 38.25 new text begin and questions to be voted on in the county and the list of candidates for each office into new text end 38.26 new text begin the election results reporting system provided by the secretary of state no later than 46 new text end 38.27 new text begin days prior to the election. new text end 38.28 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 38.29 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 38.30 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 38.31 new text begin handle the expected volume of use. new text end 39.1    Sec. 17. Minnesota Statutes 2008, section 204B.38, is amended to read: 39.2204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS. 39.3When the similarity of surnames of two or more candidates for the same office 39.4at the same election may cause confusion to voters new text begin because the candidates also have new text end 39.5 new text begin similar first names new text end , up to three additional words may be printed on the ballot after each 39.6surname to indicate the candidate's occupation, office, residence or any combination 39.7of them if the candidate furnishes the identifying words to the filing officer by the last 39.8day for withdrawal of candidacy. 39.9    Sec. 18. Minnesota Statutes 2008, section 204C.02, is amended to read: 39.10204C.02 APPLICATION. 39.11This chapter applies to all elections held in this state except as otherwise provided 39.12by law. 39.13 new text begin An individual who is unable to write the individual's name shall be required to sign new text end 39.14 new text begin election-related documents in the manner provided by section 645.44, subdivision 14. An new text end 39.15 new text begin individual who has power of attorney for another person may not sign election-related new text end 39.16 new text begin documents for that person, except as provided by this section. new text end 39.17    Sec. 19. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read: 39.18    Subdivision 1. Right to be absent. Every employee who is eligible to vote in an 39.19election has the right to be absent from work for the purpose of voting during the morning 39.20of new text begin for the time necessary to appear at the employee's polling place, cast a ballot, and return new text end 39.21 new text begin to work on new text end the day of that election, without penalty or deduction from salary or wages 39.22because of the absence. An employer or other person may not directly or indirectly refuse, 39.23abridge, or interfere with this right or any other election right of an employee. 39.24    Sec. 20. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read: 39.25    Subdivision 1. Lingering near polling place. An individual shall be allowed to go 39.26to and from the polling place for the purpose of voting without unlawful interference. No 39.27one except an election official or an individual who is waiting to register or to vote new text begin or a new text end 39.28 new text begin representative of the press or an academic institution who is conducting exit polling new text end shall 39.29stand within 100 feet of the building in which a polling place is located. new text begin "Exit polling" is new text end 39.30 new text begin defined as approaching voters in a predetermined pattern as they leave the polling place new text end 39.31 new text begin after they have voted and asking voters to fill out an anonymous questionnaire. new text end 39.32    Sec. 21. Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read: 40.1    Subd. 1a. Voter's Bill of Rights. The county auditor shall prepare and provide to 40.2each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 40.3forth in this section. Before the hours of voting are scheduled to begin, the election judges 40.4shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 40.5of Rights is as follows: 40.6"VOTER'S BILL OF RIGHTS 40.7For all persons residing in this state who meet federal voting eligibility requirements: 40.8(1) You have the right to be absent from work for the purpose of voting during the 40.9morning of new text begin without reduction to your pay, personal leave, or vacation time on new text end election day. 40.10(2) If you are in line at your polling place any time between 7:00 a.m. and new text begin before new text end 40.118:00 p.m., you have the right to vote. 40.12(3) If you can provide the required proof of residence, you have the right to register 40.13to vote and to vote on election day. 40.14(4) If you are unable to sign your name, you have the right to orally confirm your 40.15identity with an election judge and to direct another person to sign your name for you. 40.16(5) You have the right to request special assistance when voting. 40.17(6) If you need assistance, you may be accompanied into the voting booth by a 40.18person of your choice, except by an agent of your employer or union or a candidate. 40.19(7) You have the right to bring your minor children into the polling place and into 40.20the voting booth with you. 40.21(8) If you have been convicted of a felony but your felony sentence has expired (been 40.22completed) or you have been discharged from your sentence, you have the right to vote. 40.23(9) If you are under a guardianship, you have the right to vote, unless the court 40.24order revokes your right to vote. 40.25(10) You have the right to vote without anyone in the polling place trying to 40.26influence your vote. 40.27(11) If you make a mistake or spoil your ballot before it is submitted, you have the 40.28right to receive a replacement ballot and vote. 40.29(12) You have the right to file a written complaint at your polling place if you are 40.30dissatisfied with the way an election is being run. 40.31(13) You have the right to take a sample ballot into the voting booth with you. 40.32(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 40.33booth with you." 40.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the state primary in 2010 and new text end 40.35 new text begin thereafter. new text end 41.1    Sec. 22. Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read: 41.2    Subd. 3. Locking of ballot boxes. Immediately before the time when voting is 41.3scheduled to begin, one of the election judges shall open the ballot boxes in the presence 41.4of the individuals assembled at the polling place, turn the boxes upside down to empty 41.5them, lock them, and deliver the key to another election judge. new text begin Except as provided by new text end 41.6 new text begin this subdivision, new text end the boxes shall not be reopened except to count the ballots new text begin until new text end after 41.7the hours for voting have ended and all voting has been concluded. The boxes shall be 41.8kept in public view at all times during voting hours. After locking the ballot boxes, the 41.9election judges shall proclaim that voting may begin, and shall post outside the polling 41.10place conspicuous written or printed notices of the time when voting is scheduled to end. 41.11 new text begin Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges new text end 41.12 new text begin of different major political parties may open the ballot boxes as needed to straighten the new text end 41.13 new text begin ballots or remove voted ballots to prevent the boxes from becoming overfull. The election new text end 41.14 new text begin judges shall not count or inspect the ballots. new text end 41.15 new text begin If removing the ballots from the box, the election judges shall put the ballots into new text end 41.16 new text begin containers and seal them. The judges shall put any ballots taken from the ballot box's new text end 41.17 new text begin write-in compartment into containers separate from the other ballots and seal them. The new text end 41.18 new text begin judges shall label the ballot containers and secure them. new text end 41.19 new text begin The judges shall note on the incident report that the ballot box was opened, the new text end 41.20 new text begin time the box was opened, and, if ballots were removed, the number of any seals used to new text end 41.21 new text begin seal the ballot containers. new text end 41.22    Sec. 23. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read: 41.23    Subd. 2. Voting booths. One of the election judges shall explain to the voter the 41.24proper method of marking and folding the ballots and, during a primary election, the effect 41.25of attempting to vote in more than one party's primary. Except as otherwise provided in 41.26section 204C.15, the voter shall retire alone to an unoccupied voting booth and new text begin or, at the new text end 41.27 new text begin voter's discretion, the voter may choose to use another writing surface. The voter shall new text end 41.28mark the ballots without undue delay. The voter may take sample ballots into the booth to 41.29assist in voting. The election judges may adopt and enforce reasonable rules governing the 41.30amount of time a voter may spend in the voting booth marking ballots. 41.31    Sec. 24. Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to read: 41.32    Subd. 3. Voting lines. In all polling places two election judges shall assist a 41.33disabled voter to enter the polling place and go through the registration and voting lines. 41.34 new text begin The election judges must inform voters that a chair is available for use by an elderly or new text end 42.1 new text begin disabled voter while voting or waiting in a voting line, and that an elderly or disabled new text end 42.2 new text begin voter may request to be moved to the front of the line, or be provided other assistance as new text end 42.3 new text begin appropriate, in the event waiting in the voting line would cause unreasonable physical new text end 42.4 new text begin strain on the voter. new text end The voter may also request the assistance of election judges or any 42.5other individual in marking ballots, as provided in subdivision 1. 42.6    Sec. 25. Minnesota Statutes 2008, section 204C.17, is amended to read: 42.7204C.17 VOTING; SECRECY. 42.8Except as authorized by section 204C.15, a voter shall not reveal to anyone in the 42.9polling place the name of any candidate for whom the voter intends to vote or has voted. A 42.10voter shall not ask for or receive assistance in the marking of a ballot from anyone within 42.11the polling place except as authorized by section 204C.15. If a voter, after marking a ballot, 42.12shows it to anyone except as authorized by law new text begin or takes a picture of the voter's ballot new text end , the 42.13election judges shall refuse to deposit the ballot in any ballot box and shall place it among 42.14the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall 42.15receive another ballot as provided in section 204C.13, subdivision 3, clause new text begin paragraph new text end (d). 42.16    Sec. 26. Minnesota Statutes 2008, section 204C.30, is amended by adding a 42.17subdivision to read: 42.18     new text begin Subd. 3. new text end new text begin Election results reporting; state primary and general elections. new text end new text begin For new text end 42.19 new text begin state primary and general elections, the county auditor shall enter the votes in each new text end 42.20 new text begin precinct for the questions and offices voted on into the election results reporting system new text end 42.21 new text begin provided by the secretary of state. new text end 42.22 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 42.23 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 42.24 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 42.25 new text begin handle the expected volume of use. new text end 42.26    Sec. 27. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read: 42.27    Subdivision 1. County canvass. The county canvassing board shall meet at the 42.28county auditor's office on or before the seventh day following the state general election. 42.29After taking the oath of office, the board shall promptly and publicly canvass the general 42.30election returns delivered to the county auditor. Upon completion of the canvass, the board 42.31shall promptly prepare and file with the county auditor a report which states: 42.32(a) the number of individuals voting at the election in the county and in each precinct; 43.1(b) the number of individuals registering to vote on election day and the number of 43.2individuals registered before election day in each precinct; 43.3(c) the names of the candidates for each office and the number of votes received 43.4by each candidate in the county and in each precinct, including write-in candidates for 43.5state and federal office who have requested under section that votes for those 43.6candidates be tallied; 43.7(d) the number of votes counted for and against a proposed change of county lines 43.8or county seat; and 43.9(e) the number of votes counted for and against a constitutional amendment or other 43.10question in the county and in each precinct. 43.11The result of write-in votes cast on the general election ballots must be compiled by 43.12the county auditor before the county canvass, except that write-in votes for a candidate for 43.13 new text begin federal, new text end state new text begin , new text end or federal new text begin county new text end office must not be counted unless the candidate has timely 43.14filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 43.15for each municipality to provide an adequate number of election judges to perform this 43.16duty or the county auditor may appoint additional election judges for this purpose. The 43.17county auditor may open the envelopes or containers in which the voted ballots have been 43.18sealed in order to count and record the write-in votes and must reseal the voted ballots at 43.19the conclusion of this process. new text begin The county auditor must prepare a separate report of votes new text end 43.20 new text begin received by precinct for write-in candidates for federal, state, and county offices who have new text end 43.21 new text begin requested under section 204B.09 that votes for those candidates be tallied. new text end 43.22Upon completion of the canvass, the county canvassing board shall declare the 43.23candidate duly elected who received the highest number of votes for each county and state 43.24office voted for only within the county. The county auditor shall transmit one of the new text begin a new text end 43.25certified copies new text begin copy new text end of the county canvassing board report for state and federal offices to 43.26the secretary of state by new text begin messenger, new text end express mail new text begin , new text end or similar service immediately upon 43.27conclusion of the county canvass. 43.28    Sec. 28. Minnesota Statutes 2008, section 204C.37, is amended to read: 43.29204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 43.30STATE. 43.31Two copies new text begin A copy new text end of the reports new text begin report new text end required by sections 204C.32, subdivision 43.321 , and 204C.33, subdivision 1, shall be certified under the official seal of the county 43.33auditor. Each new text begin The new text end copy shall be enclosed in an envelope addressed to the secretary 43.34of state, with the county auditor's name and official address and the words "Election 43.35Returns" endorsed on the envelope. The copy of the canvassing board report not sent by 44.1express mail and the precinct summary statements must be mailed new text begin sent by express mail new text end 44.2or delivered to the secretary of state. If neither new text begin the new text end copy is new text begin not new text end received by the secretary 44.3of state within ten days following the applicable election, the secretary of state shall 44.4immediately notify the county auditor, who shall deliver another copy to the secretary of 44.5state by special messenger. 44.6    Sec. 29. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read: 44.7    Subd. 2. Instructions to printer; printer's bond. (a) The official charged with 44.8the preparation and distribution of the ballots shall prepare instructions to the printer for 44.9rotation of the names of candidates and for layout of the ballot. 44.10(b) Except as provided in paragraph (c), the instructions shall be approved by the 44.11legal advisor of the official before delivery to the printer. 44.12(c) The legal advisor of a town official is not required to approve instructions 44.13regarding the rotation of the names of candidates on the ballot or the layout of the ballot. 44.14(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 44.15shall furnish new text begin , if requested by the official, new text end a sufficient bond, letter of credit, or certified 44.16check, acceptable to the official responsible for printing the ballots, conditioned on 44.17printing the ballots in conformity with the Minnesota Election Law and the instructions 44.18delivered. The official responsible for printing the ballots shall set the amount of the bond, 44.19letter of credit, or certified check in an amount equal to the value of the purchase. 44.20    Sec. 30. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read: 44.21    Subd. 2. Sample ballot. At least two weeks before the state primary the county 44.22auditor shall prepare a sample state partisan primary ballot and a sample state and county 44.23nonpartisan primary ballot for public inspection. The names of all of the candidates to 44.24be voted for in the county shall be placed on the sample ballots, with the names of the 44.25candidates for each office arranged alphabetically according to the surname new text begin in the base new text end 44.26 new text begin rotation as determined by section 206.61, subdivision 5 new text end . Only one sample state partisan 44.27primary ballot and one sample state and county nonpartisan ballot shall be prepared for 44.28any county. The county auditor shall post the sample ballots in a conspicuous place in the 44.29auditor's office and shall cause them to be published at least one week before the state 44.30primary in at least one newspaper of general circulation in the county. 44.31    Sec. 31. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read: 44.32    Subd. 5. Regular state primary. "Regular state primary" means: 45.1(a) the state primary at which candidates are nominated for offices elected at the 45.2state general election; or 45.3(b) a primary held four weeks before new text begin on new text end the first Tuesday after the first new text begin second new text end 45.4Monday in November new text begin September new text end of odd-numbered years. 45.5    Sec. 32. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read: 45.6    Subd. 6. Special election required; exception; when held. Every vacancy shall be 45.7filled for the remainder of the term by a special election held pursuant to this subdivision; 45.8except that no special election shall be held in the year before the term expires. 45.9    The special election shall be held at the next November election if the vacancy 45.10occurs at least six new text begin nine new text end weeks before the regular state primary preceding that election. If 45.11the vacancy occurs less than six new text begin nine new text end weeks before the regular state primary preceding 45.12the next November election, the special election shall be held at the second November 45.13election after the vacancy occurs. 45.14    Sec. 33. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read: 45.15    Subd. 8. Notice of special election. The secretary of state shall issue an official 45.16notice of any special election required to be held pursuant to this section not later than 45.17ten new text begin 12 new text end weeks before the special primary, except that if the vacancy occurs ten new text begin 12 new text end weeks or 45.18less before the special primary, the secretary of state shall issue the notice no later than 45.19two days after the vacancy occurs. The notice shall state the office to be filled, the opening 45.20and closing dates for filing of candidacy and the dates of the special primary and special 45.21election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply 45.22generally to special elections, this notice shall be used in place of the writ of the governor. 45.23    Sec. 34. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read: 45.24    Subd. 9. Filing by candidates. The time for filing of affidavits and nominating 45.25petitions for candidates to fill a vacancy at a special election shall open six new text begin ten new text end weeks 45.26before the special primary or on the day the secretary of state issues notice of the special 45.27election, whichever occurs later. Filings shall close four new text begin eight new text end weeks before the special 45.28primary. 45.29    Sec. 35. new text begin [204D.29] CONTINUITY OF CONGRESS. new text end 45.30     new text begin Subdivision 1. new text end new text begin In general. new text end new text begin (a) If the speaker of the United States House of new text end 45.31 new text begin Representatives announces that vacancies in the representation from the states in the new text end 46.1 new text begin House of Representatives exceed 100 and one of those vacancies is in this state, the new text end 46.2 new text begin governor shall issue a writ of election to fill such vacancy by special election. new text end 46.3 new text begin (b) As used in this section, "speaker" means the speaker of the United States House new text end 46.4 new text begin of Representatives. new text end 46.5     new text begin Subd. 2. new text end new text begin Timing of special election. new text end new text begin A special election held under this section new text end 46.6 new text begin to fill a vacancy shall take place not later than 49 days after the speaker announces new text end 46.7 new text begin that the vacancy exists, unless, during the 75-day period which begins on the date of new text end 46.8 new text begin the announcement of the vacancy: new text end 46.9 new text begin (1) a regularly scheduled general election for the office involved is to be held; or new text end 46.10 new text begin (2) another special election for the office involved is to be held, pursuant to a writ new text end 46.11 new text begin for a special election issued by the governor prior to the date of the announcement of the new text end 46.12 new text begin vacancy by the speaker. new text end 46.13     new text begin Subd. 3. new text end new text begin Nominations by parties. new text end new text begin If a special election is to be held under this new text end 46.14 new text begin section, the chairs of the political parties of the state shall, not later than ten days after the new text end 46.15 new text begin speaker announces that the vacancy exists, certify to the secretary of state the name of new text end 46.16 new text begin the person nominated to fill this vacancy. new text end 46.17     new text begin Subd. 4. new text end new text begin Nominating petitions. new text end new text begin Other candidates must file an affidavit of candidacy new text end 46.18 new text begin and a nominating petition under section 204B.07 not later than ten days after the speaker new text end 46.19 new text begin announces that the vacancy exists. new text end 46.20     new text begin Subd. 5. new text end new text begin Protecting ability of absent military and overseas voters to participate new text end 46.21 new text begin in special elections. new text end new text begin (a) new text end new text begin Deadline for transmittal of absentee ballots. new text end new text begin In conducting new text end 46.22 new text begin a special election held under this section to fill a vacancy in its representation, the state new text end 46.23 new text begin shall ensure to the greatest extent practicable that absentee ballots for the election are new text end 46.24 new text begin transmitted to voters who vote under the procedure outlined in sections 203B.16 to new text end 46.25 new text begin 203B.27 not later than 15 days after the speaker announces that the vacancy exists. new text end 46.26 new text begin (b) new text end new text begin Period for ballot transit time. new text end new text begin Notwithstanding the other deadlines in this new text end 46.27 new text begin section, in the case of voters who vote under the procedure outlined in sections 203B.16 new text end 46.28 new text begin to 203B.27, any otherwise valid ballot or other election material must be processed and new text end 46.29 new text begin accepted so long as the ballot or other material is received by the county auditor not later new text end 46.30 new text begin than 45 days after the ballot or other material was transmitted to the voter. new text end 46.31    Sec. 36. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read: 46.32    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance 46.33or resolution adopted at least three months before the next municipal general election new text begin by new text end 46.34 new text begin June 1 of a municipal general election year new text end , elect to choose nominees for municipal offices 46.35by a primary as provided in this section. The resolution or ordinance, when adopted, is 47.1effective for all ensuing municipal elections until it is revoked. The municipal clerk shall 47.2notify the secretary of state and the county auditor within 30 days after the adoption of the 47.3resolution or ordinance. 47.4    Sec. 37. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read: 47.5    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to 47.6become a candidate for an office to be voted for at the municipal general election shall file 47.7an affidavit of candidacy with the municipal clerk. new text begin Candidates for a special election to new text end 47.8 new text begin fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit new text end 47.9 new text begin of candidacy for the specific office to fill the unexpired portion of the term. new text end Subject to 47.10the approval of the county auditor, the town clerk may authorize candidates for township 47.11offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 47.12substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 47.13shall also accept an application signed by not less than five voters and filed on behalf of an 47.14eligible voter in the municipality whom they desire to be a candidate, if service of a copy 47.15of the application has been made on the candidate and proof of service is endorsed on the 47.16application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 47.17of the candidate on the official ballot without partisan designation. 47.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.19    Sec. 38. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read: 47.20    Subd. 2. Notice of filing dates. At least two weeks before the first day to file 47.21affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 47.22dates on which affidavits of candidacy may be filed in the clerk's office and the closing 47.23time for filing on the last day for filing. The clerk shall post a similar notice at least ten 47.24days before the first day to file affidavits of candidacy. new text begin The notice must separately list new text end 47.25 new text begin any office for which affidavits of candidacy may be filed to fill the unexpired portion new text end 47.26 new text begin of a term when a special election is being held to fill a vacancy as provided in section new text end 47.27 new text begin 412.02, subdivision 2a. new text end 47.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.29    Sec. 39. new text begin [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE new text end 47.30 new text begin FILING. new text end 47.31     new text begin Subdivision 1. new text end new text begin Even-numbered year. new text end new text begin For regularly scheduled municipal elections new text end 47.32 new text begin held in an even-numbered year, the municipal clerk must provide the offices and questions new text end 48.1 new text begin to be voted on in the municipality and the list of candidates for each office to the county new text end 48.2 new text begin auditor for entry into the election results reporting system provided by the secretary of new text end 48.3 new text begin state no later than 46 days prior to the election. Upon mutual agreement, the county auditor new text end 48.4 new text begin may delegate the duty to enter the information into the system to the municipal clerk. new text end 48.5     new text begin Subd. 2. new text end new text begin Odd-numbered year. new text end new text begin For regularly scheduled municipal elections held in new text end 48.6 new text begin an odd-numbered year, the county auditor and municipal clerk may mutually decide to use new text end 48.7 new text begin the election reporting system for the election. If so, the county auditor must notify the new text end 48.8 new text begin secretary of state of the intent to use the election reporting system at least 90 days before new text end 48.9 new text begin the election, of who will be entering the data, and, if the municipal clerk will be entering new text end 48.10 new text begin the data, that the office of the municipal clerk has the technological capacity to enter the new text end 48.11 new text begin data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the new text end 48.12 new text begin offices and questions to be voted on in the municipality and the list of candidates for each new text end 48.13 new text begin office into the election results reporting system no later than 46 days prior to the election. new text end 48.14 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 48.15 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 48.16 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 48.17 new text begin handle the expected volume of use. new text end 48.18    Sec. 40. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read: 48.19    Subd. 2. Sample ballot, publication. For every municipal election, the municipal 48.20clerk shall, at least one week new text begin two weeks new text end before the election, publish a sample ballot in the 48.21official newspaper of the municipality, except that the governing body of a fourth class 48.22city or a town not located within a metropolitan county as defined in section 473.121 48.23may dispense with publication. 48.24    Sec. 41. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read: 48.25    Subd. 3. Sample ballot, posting. For every municipal election, the municipal 48.26clerk shall at least four days new text begin two weeks new text end before the election post new text begin prepare new text end a sample ballot 48.27 new text begin for the municipality, make them available for public inspection new text end in the clerk's office for 48.28public inspection, and post a sample ballot in each polling place on election day. 48.29    Sec. 42. new text begin [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT new text end 48.30 new text begin VOTES. new text end 48.31 new text begin For regularly scheduled municipal elections held in November of an even-numbered new text end 48.32 new text begin year, the county auditor shall enter the votes in each precinct for the questions and offices new text end 49.1 new text begin voted on in the municipal election into the election results reporting system provided new text end 49.2 new text begin by the secretary of state. new text end 49.3 new text begin If a county auditor has notified the secretary of state of intent to use the election new text end 49.4 new text begin results reporting system for a municipal election pursuant to section 205.135, subdivision new text end 49.5 new text begin 2, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in new text end 49.6 new text begin each precinct for the offices and questions voted on in the municipality into the election new text end 49.7 new text begin results reporting system. new text end 49.8 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 49.9 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 49.10 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 49.11 new text begin handle the expected volume of use. new text end 49.12    Sec. 43. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read: 49.13    Subdivision 1. Resolution requiring primary in certain circumstances. The 49.14school board of a school district may, by resolution adopted by June 1 of any year, decide 49.15to choose nominees for school board by a primary as provided in this section. The 49.16resolution, when adopted, is effective for all ensuing elections of board members in that 49.17school district until it is revoked. If the board decides to choose nominees by primary 49.18and if there are more than two candidates for a specified school board position or more 49.19than twice as many school board candidates as there are at-large school board positions 49.20available, the school district must hold a primary. new text begin When a number equal to or less than new text end 49.21 new text begin twice the number of individuals to be elected to a school board office file for nomination new text end 49.22 new text begin for the office, the names of the candidates shall be placed upon the general election ballot. new text end 49.23    Sec. 44. new text begin [205A.045] SCHOOL DISTRICT TRANSITIONS. new text end 49.24     new text begin Subdivision 1. new text end new text begin Odd year to even. new text end new text begin (a) The governing body of a school district new text end 49.25 new text begin may change from an odd-numbered year election to an even-numbered year election by new text end 49.26 new text begin adopting a resolution that contains an orderly plan for the transition. The resolution may new text end 49.27 new text begin include a onetime, one-year extension of the term of each board member. new text end 49.28 new text begin (b) The governing body of the school district must adopt the resolution permitted by new text end 49.29 new text begin paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for new text end 49.30 new text begin the election at which the change will take effect. new text end 49.31     new text begin Subd. 2. new text end new text begin Even year to odd. new text end new text begin (a) The governing body of a school district may change new text end 49.32 new text begin from an even-numbered year election to an odd-numbered year election by adopting a new text end 49.33 new text begin resolution that contains an orderly plan for the transition. The resolution may include a new text end 49.34 new text begin onetime, one-year extension of the term of each board member. new text end 50.1 new text begin (b) The governing body of the school district must adopt the resolution permitted by new text end 50.2 new text begin paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for new text end 50.3 new text begin the election at which the change will take effect. new text end 50.4    Sec. 45. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read: 50.5    Subdivision 1. Questions. Special elections must be held for a school district on a 50.6question on which the voters are authorized by law to pass judgment. The school board 50.7may on its own motion call a special election to vote on any matter requiring approval of 50.8the voters of a district. Upon petition of 50 or more voters of the school district or five 50.9percent of the number of voters voting at the preceding school district general election, 50.10whichever is greater, the school board shall by resolution call a special election to vote on 50.11any matter requiring approval of the voters of a district. A question is carried only with 50.12the majority in its favor required by law. The election officials for a special election are 50.13the same as for the most recent school district general election unless changed according 50.14to law. Otherwise, special elections must be conducted and the returns made in the 50.15manner provided for the school district general election. A special election may not be 50.16held during the 30 new text begin 45 new text end days before and the 30 new text begin 45 new text end days after the state primary, during the 50.1730 new text begin 45 new text end days before and the 40 days after the state general election. In addition, a special 50.18election may not be held during the 20 days before and the 20 days after any regularly 50.19scheduled new text begin March new text end election new text begin or within 45 days before and the 30 days after any regularly new text end 50.20 new text begin scheduled November election new text end of a municipality wholly or partially within the school 50.21district. Notwithstanding any other law to the contrary, the time period in which a special 50.22election must be conducted under any other law may be extended by the school board to 50.23conform with the requirements of this subdivision. 50.24    Sec. 46. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read: 50.25    Subd. 2. Vacancies in school district offices. Special elections shall be held in 50.26school districts in conjunction with school district primary and general elections to fill 50.27vacancies in elective school district offices. new text begin When filling multiple at-large vacancies at the new text end 50.28 new text begin same election, the candidates shall file for the multiple seats of the same office, voters will new text end 50.29 new text begin be instructed to "Vote for up to..." and the candidates receiving the most votes up to the new text end 50.30 new text begin number to be elected will be elected to fill the vacancies. new text end 50.31    Sec. 47. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read: 50.32    Subd. 2. Sample ballot, posting. For every school district primary, general, or 50.33special election, the school district clerk shall at least four days new text begin two weeks new text end before the 51.1primary, general, or special election, post a sample ballot in the administrative offices of 51.2the school district for public inspection, and shall post a sample ballot in each polling 51.3place on election day. 51.4    Sec. 48. new text begin [205A.075] ELECTION RESULTS REPORTING SYSTEM; new text end 51.5 new text begin CANDIDATE FILING. new text end 51.6     new text begin Subdivision 1. new text end new text begin Even-numbered year. new text end new text begin For regularly scheduled school district new text end 51.7 new text begin elections held in an even-numbered year, the school district clerk must provide the offices new text end 51.8 new text begin and questions to be voted on in the school district and the list of candidates for each office new text end 51.9 new text begin to the county auditor for entry into the election results reporting system provided by the new text end 51.10 new text begin secretary of state no later than 46 days prior to the election. new text end 51.11     new text begin Subd. 2. new text end new text begin Odd-numbered year. new text end new text begin For regularly scheduled school district elections new text end 51.12 new text begin held in an odd-numbered year, the county auditor and school district clerk may mutually new text end 51.13 new text begin decide to use the election reporting system for the election. If so, the county auditor must new text end 51.14 new text begin notify the secretary of state of intent to use the election reporting system at least 90 days new text end 51.15 new text begin before the election. The county auditor must enter the offices and questions to be voted new text end 51.16 new text begin on in the school district and the list of candidates for each office into the election results new text end 51.17 new text begin reporting system no later than 46 days prior to the election. new text end 51.18 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 51.19 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 51.20 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 51.21 new text begin handle the expected volume of use. new text end 51.22    Sec. 49. new text begin [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT new text end 51.23 new text begin VOTES. new text end 51.24 new text begin For regularly scheduled school district elections held in an even-numbered year, the new text end 51.25 new text begin county auditor shall enter the votes in each precinct for the questions and offices voted new text end 51.26 new text begin on in the school district election into the election results reporting system provided by new text end 51.27 new text begin the secretary of state. new text end 51.28 new text begin If a county auditor has notified the secretary of state of intent to use the election new text end 51.29 new text begin results reporting system for a school district election pursuant to section 205A.075, new text end 51.30 new text begin subdivision 2, the county auditor must enter the votes in each precinct for the offices and new text end 51.31 new text begin questions voted on in the school district into the election results reporting system. new text end 51.32 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 51.33 new text begin certified that the election reporting system has been tested and shown to properly allow new text end 52.1 new text begin for the entry of candidate names and for election results to be uploaded, and to be able to new text end 52.2 new text begin handle the expected volume of use. new text end 52.3    Sec. 50. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read: 52.4    Subd. 6. Required certification. In addition to the requirements in subdivision 52.51, a voting system must be certified by an independent testing authority approved new text begin new text end 52.6 new text begin accredited new text end by the secretary of state and conform to current standards for voting equipment new text begin new text end 52.7 new text begin Election Assistance Commission at the time of submission of the application required by new text end 52.8 new text begin subdivision 1 to be in conformity with voluntary voting system guidelines new text end issued by the 52.9Federal Election Commission or its successor, the Election Assistance Commission. 52.10 new text begin The application must be accompanied by the certification report of the voting systems new text end 52.11 new text begin test laboratory. A certification under this section from an independent testing authority new text end 52.12 new text begin accredited by the Election Assistance Commission meets the requirement of Minnesota new text end 52.13 new text begin Rules, part 8220.0350, item L. new text end new text begin A vendor must provide a copy of the source code for the new text end 52.14 new text begin voting system to the secretary of state. A chair of a major political party or the secretary of new text end 52.15 new text begin state may select, in consultation with the vendor, an independent third-party evaluator to new text end 52.16 new text begin examine the source code to ensure that it functions as represented by the vendor and that new text end 52.17 new text begin the code is free from defects. A major political party that elects to have the source code new text end 52.18 new text begin examined must pay for the examination. Except as provided by this subdivision, a source new text end 52.19 new text begin code that is trade secret information must be treated as nonpublic information, according new text end 52.20 new text begin to section 13.37. A third-party evaluator must not disclose the source code to anyone else. new text end 52.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.22    Sec. 51. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read: 52.23    Subd. 5. Alternation. The provisions of the election laws requiring the alternation 52.24of names of candidates must be observed as far as practicable by changing the order of the 52.25names on an electronic voting system in the various precincts so that each name appears 52.26on the machines or marking devices used in a municipality substantially an equal number 52.27of times in the first, last, and in each intermediate place in the list or group in which they 52.28belong. However, the arrangement of candidates' names must be the same on all voting 52.29systems used in the same precinct. If the number of names to be alternated exceeds the 52.30number of precincts new text begin For state primary and state general elections new text end , the election official 52.31responsible for providing the ballots, in accordance with subdivision 1, shall determine 52.32by lot the alternation of names new text begin the base rotation of candidate names by assigning the new text end 52.33 new text begin initial order of the candidates' names by random generation using the statewide election new text end 52.34 new text begin reporting system new text end . 53.1If an electronic ballot marker is used with a paper ballot that is not an optical scan 53.2ballot card, the manner of alternation of candidate names on the paper ballot must be as 53.3prescribed for optical scan ballots in this subdivision. 53.4    Sec. 52. Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read: 53.5    Subd. 2. Information required. The report to be filed by a candidate or committee 53.6must include: 53.7    (1) the name of the candidate or ballot question; 53.8    (2) the printed name, address, telephone number, signature, and e-mail address, if 53.9available, of the person responsible for filing the report; 53.10    (3) new text begin the total cash on hand; new text end 53.11 new text begin (4) new text end the total amount of receipts and expenditures for the period from the last previous 53.12report to five days before the current report is due; 53.13    (4) new text begin (5) new text end the amount, date, and purpose for each expenditure; and 53.14    (5) new text begin (6) new text end the name, address, and employer, or occupation if self-employed, of any 53.15individual or committee that during the year has made one or more contributions that in 53.16the aggregate exceed $100, and the amount and date of each contribution. The filing 53.17officer must restrict public access to the address of any individual who has made a 53.18contribution that exceeds $100 and who has filed with the filing officer a written statement 53.19signed by the individual that withholding the individual's address from the financial report 53.20is required for the safety of the individual or the individual's family. 53.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2010. new text end 53.22    Sec. 53. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read: 53.23    Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an 53.24office shall be filled by council appointment until an election is held as provided in this 53.25subdivision. In case of a tie vote in the council, the mayor shall make the appointment. 53.26 new text begin (1) new text end If the vacancy occurs before the first day to file affidavits of candidacy for 53.27the next regular city election and more than two years remain in the unexpired term, a 53.28special election shall be held at or before the next regular city election and the appointed 53.29person shall serve until the qualification of a successor elected at a special election to fill 53.30the unexpired portion of the term. new text begin The council must specify by ordinance under what new text end 53.31 new text begin circumstances it will hold a special election to fill a vacancy other than a special election new text end 53.32 new text begin held at the same time as the regular city election. If, because of a vacancy, more than one new text end 53.33 new text begin council member is to be chosen at the same election, candidates for council member shall new text end 53.34 new text begin file for either a two-year or a four-year term. If more than one candidate is to be elected new text end 54.1 new text begin for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the new text end 54.2 new text begin number of candidates to be elected for the two-year or four-year term. new text end 54.3 new text begin (2) new text end If the vacancy occurs on or after the first day to file affidavits of candidacy for 54.4the regular city election or when less than two years remain in the unexpired term, there 54.5need not be a special election to fill the vacancy and the appointed person shall serve 54.6until the qualification of a successor. The council must specify by ordinance under what 54.7circumstances it will hold a special election to fill a vacancy other than a special election 54.8held at the same time as the regular city election. 54.9    Sec. 54. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read: 54.10    Subd. 4. Effective date of incorporation. The incorporation shall be effective upon 54.11the election and qualification of new municipal officers or on such later date as is fixed by 54.12the director's order. new text begin The effective date must not fall within the 21 days before a regularly new text end 54.13 new text begin scheduled election. Failure to comply with the provisions of this subdivision with respect new text end 54.14 new text begin to regularly scheduled elections, or to set the right effective date in relation to regularly new text end 54.15 new text begin scheduled elections, does not invalidate the annexation. new text end 54.16    Sec. 55. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read: 54.17    Subd. 6. Effective date of annexation. The annexation shall be effective as of the 54.18date fixed in the annexation order or on a later date fixed in the annexation order. new text begin The new text end 54.19 new text begin effective date must not fall within the 21 days before a regularly scheduled election. new text end 54.20 new text begin Failure to comply with the provisions of this subdivision with respect to regularly new text end 54.21 new text begin scheduled elections, or to set the right effective date in relation to regularly scheduled new text end 54.22 new text begin elections, does not invalidate the annexation. new text end 54.23    Sec. 56. Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to read: 54.24    Subdivision 1. Initiating the proceeding. (a) One or more townships and one or 54.25more municipalities, by joint resolution, may designate an unincorporated area as in 54.26need of orderly annexation. One or more municipalities, by joint resolution with the 54.27county, may designate an unincorporated area in which there is no organized township 54.28government as in need of orderly annexation. 54.29    (b) A designated area is any area which the signatories to a joint resolution for 54.30orderly annexation have identified as being appropriate for annexation, either currently 54.31or at some point in the future, pursuant to the negotiated terms and conditions set forth 54.32in the joint resolution. Land described as a designated area is not, by virtue of being so 54.33described, considered also to be annexed for purposes of this chapter. 55.1    (c) The joint resolution will confer jurisdiction on the chief administrative law judge 55.2over annexations in the designated area and over the various provisions in said agreement 55.3by submission of said joint resolution to the chief administrative law judge. 55.4    (d) The resolution shall include a description of the designated area and the reasons 55.5for designation. 55.6    (e) Thereafter, an annexation of any part of the designated area may be initiated by: 55.7    (1) submitting to the chief administrative law judge a resolution of any signatory 55.8to the joint resolution; or 55.9    (2) the chief administrative law judge. 55.10    (f) Whenever a state agency, other than the pollution control agency, orders a 55.11municipality to extend a municipal service to an area, the order confers jurisdiction on the 55.12chief administrative law judge to consider designation of the area for orderly annexation. 55.13    (g) If a joint resolution designates an area as in need of orderly annexation and states 55.14that no alteration of its stated boundaries is appropriate, the chief administrative law judge 55.15may review and comment, but may not alter the boundaries. 55.16    (h) If a joint resolution designates an area as in need of orderly annexation, provides 55.17for the conditions for its annexation, and states that no consideration by the chief 55.18administrative law judge is necessary, the chief administrative law judge may review and 55.19comment, but shall, within 30 days, order the annexation in accordance with the terms of 55.20the resolution. new text begin A joint resolution filed within the 51 days before a regularly scheduled new text end 55.21 new text begin election must provide in the conditions for its annexation that the annexation will not be new text end 55.22 new text begin effective until the day after the regularly scheduled election. Failure to comply with the new text end 55.23 new text begin provisions of this subdivision with respect to regularly scheduled elections, or to set new text end 55.24 new text begin the right effective date in relation to regularly scheduled elections, does not invalidate new text end 55.25 new text begin the annexation. new text end 55.26    Sec. 57. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read: 55.27    Subd. 4. Effective date of annexation. The chief administrative law judge's order 55.28shall be effective upon the issuance of the order or at such later time as is provided in the 55.29order. new text begin The effective date must not fall within the 21 days before a regularly scheduled new text end 55.30 new text begin election. Failure to comply with the provisions of this subdivision with respect to regularly new text end 55.31 new text begin scheduled elections, or to set the right effective date in relation to regularly scheduled new text end 55.32 new text begin elections, does not invalidate the annexation. new text end 55.33    Sec. 58. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read: 56.1    Subd. 7. Filing; effective date; copy to auditors. Any annexation ordinance 56.2provided for in this section must be filed with the chief administrative law judge, the 56.3township, the county auditor and the secretary of state and is final on the date the 56.4ordinance is approved by the chief administrative law judge new text begin , except that an ordinance new text end 56.5 new text begin approved within the 21 days before a regularly scheduled election is not effective until new text end 56.6 new text begin the day after the regularly scheduled election new text end . A copy of the annexation ordinance must 56.7be delivered immediately by the governing body of the municipality to the appropriate 56.8county auditors. new text begin Failure to comply with the provisions of this subdivision with respect new text end 56.9 new text begin to regularly scheduled elections, or to set the right effective date in relation to regularly new text end 56.10 new text begin scheduled elections, does not invalidate the annexation. new text end 56.11    Sec. 59. new text begin REPEALER. new text end 56.12 new text begin Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, new text end new text begin are repealed. new text end 56.13ARTICLE 3 56.14MISCELLANEOUS 56.15    Section 1. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to 56.16read: 56.17    Subd. 2. Residential housing list. All postsecondary institutions that enroll students 56.18accepting state or federal financial aid may new text begin (a) Institutions within the Minnesota State new text end 56.19 new text begin Colleges and Universities system must new text end prepare a current list of students enrolled in the 56.20institution and residing in the institution's housing or within ten miles of the institution's 56.21campus new text begin Minnesota new text end . The list shall new text begin must new text end include each student's new text begin name and new text end current address new text begin new text end 56.22 new text begin as permitted by applicable privacy laws new text end . The list shall new text begin must new text end be certified and sent to the 56.23appropriate county auditor or auditors new text begin secretary of state no earlier than 30 and no later than new text end 56.24 new text begin 25 days prior to the November general election, in an electronic format specified by the new text end 56.25 new text begin secretary of state, new text end for use in election day registration as provided under section 201.061, 56.26subdivision 3 . new text begin The certification must be dated and signed by the chief officer or designee new text end 56.27 new text begin of the postsecondary educational institution, or for institutions within the Minnesota new text end 56.28 new text begin State Colleges and Universities system, by the chancellor, and must state that the list is new text end 56.29 new text begin current and accurate and includes only the names of currently enrolled students residing in new text end 56.30 new text begin Minnesota as of the date of certification. The secretary of state must combine the data new text end 56.31 new text begin received from each postsecondary educational institution under this subdivision and must new text end 56.32 new text begin process the data to locate the precinct in which the address provided for each student is new text end 56.33 new text begin located. If the data submitted by the postsecondary educational institution is insufficient new text end 57.1 new text begin for the secretary of state to locate the proper precinct, the associated student name must new text end 57.2 new text begin not appear in any list forwarded to a county auditor under this subdivision. new text end 57.3 new text begin At least 14 days prior to the November general election, the secretary of state new text end 57.4 new text begin must forward to the appropriate county auditor lists of students containing the students' new text end 57.5 new text begin names and addresses for which precinct determinations have been made along with their new text end 57.6 new text begin postsecondary educational institutions. The list must be sorted by precinct and student new text end 57.7 new text begin last name and must be forwarded in an electronic format specified by the secretary of new text end 57.8 new text begin state or other mutually agreed upon medium, if a written agreement specifying the new text end 57.9 new text begin medium is signed by the secretary of state and the county auditor at least 90 days before new text end 57.10 new text begin the November general election. A written agreement is effective for all elections until new text end 57.11 new text begin rescinded by either the secretary of state or the county auditor. new text end 57.12 new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision new text end 57.13 new text begin or as provided by the rules of the secretary of state. The University of Minnesota is new text end 57.14 new text begin requested to comply with this subdivision. new text end 57.15 new text begin (c) new text end A residential housing list provided under this subdivision may not be used or 57.16disseminated by a county auditor or the secretary of state for any other purpose. 57.17    Sec. 2. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read: 57.18    Subdivision 1. Prior to election day. At any time except during the 20 days 57.19immediately preceding any regularly scheduled election, an eligible voter or any 57.20individual who will be an eligible voter at the time of the next election may register to vote 57.21in the precinct in which the voter maintains residence by completing a voter registration 57.22application as described in section 201.071, subdivision 1, and submitting it in person or 57.23by mail to the county auditor of that county or to the Secretary of State's Office. new text begin If the Web new text end 57.24 new text begin site maintained by the secretary of state provides a process for it, an individual who has new text end 57.25 new text begin a Minnesota driver's license, identification card, or learner's permit may register online. new text end 57.26A registration that is received no later than 5:00 p.m. on the 21st day preceding any 57.27election shall be accepted. An improperly addressed or delivered registration application 57.28shall be forwarded within two working days after receipt to the county auditor of the 57.29county where the voter maintains residence. A state or local agency or an individual that 57.30accepts completed voter registration applications from a voter must submit the completed 57.31applications to the secretary of state or the appropriate county auditor within ten days 57.32after the applications are dated by the voter. 57.33For purposes of this section, mail registration is defined as a voter registration 57.34application delivered to the secretary of state, county auditor, or municipal clerk by the 57.35United States Postal Service or a commercial carrier. 58.1    Sec. 3. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read: 58.2    Subd. 3. Election day registration. (a) An individual who is eligible to vote may 58.3register on election day by appearing in person at the polling place for the precinct in 58.4which the individual maintains residence, by completing a registration application, making 58.5an oath in the form prescribed by the secretary of state and providing proof of residence. 58.6An individual may prove residence for purposes of registering by: 58.7    (1) presenting a new text begin current, valid new text end driver's license or Minnesota identification card issued 58.8pursuant to section 171.07; 58.9    (2) presenting any document approved by the secretary of state as proper 58.10identification; 58.11    (3) presenting one of the following: 58.12    (i) a current valid student identification card from a postsecondary educational 58.13institution in Minnesota, if a list of students from that institution has been prepared under 58.14section 135A.17 and certified to the county auditor new text begin or new text end in the manner provided in rules of 58.15the secretary of state; or 58.16    (ii) a current student fee statement that contains the student's valid address in the 58.17precinct together with a picture identification card; or 58.18    (4) having a voter who is registered to vote in the precinct, or who is an employee 58.19employed by and working in a residential facility in the precinct and vouching for a 58.20resident in the facility, sign an oath in the presence of the election judge vouching that the 58.21voter or employee personally knows that the individual is a resident of the precinct. A 58.22voter who has been vouched for on election day may not sign a proof of residence oath 58.23vouching for any other individual on that election day. A voter who is registered to vote in 58.24the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 58.25does not apply to an employee of a residential facility described in this clause. The 58.26secretary of state shall provide a form for election judges to use in recording the number 58.27of individuals for whom a voter signs proof-of-residence oaths on election day. The 58.28form must include space for the maximum number of individuals for whom a voter may 58.29sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 58.30a statement that the voter is registered to vote in the precinct, personally knows that the 58.31individual is a resident of the precinct, and is making the statement on oath. The form must 58.32include a space for the voter's printed name, signature, telephone number, and address. 58.33    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 58.34attached to the voter registration application. 58.35    (b) The operator of a residential facility shall prepare a list of the names of its 58.36employees currently working in the residential facility and the address of the residential 59.1facility. The operator shall certify the list and provide it to the appropriate county auditor 59.2no less than 20 days before each election for use in election day registration. 59.3    (c) "Residential facility" means transitional housing as defined in section 256E.33, 59.4subdivision 1 ; a supervised living facility licensed by the commissioner of health under 59.5section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 59.65 ; a residence registered with the commissioner of health as a housing with services 59.7establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 59.8the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 59.9licensed by the commissioner of human services to provide a residential program as 59.10defined in section 245A.02, subdivision 14; a residential facility for persons with a 59.11developmental disability licensed by the commissioner of human services under section 59.12252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter 59.13for battered women as defined in section 611A.37, subdivision 4; or a supervised 59.14publicly or privately operated shelter or dwelling designed to provide temporary living 59.15accommodations for the homeless. 59.16    (d) For tribal band members, an individual may prove residence for purposes of 59.17registering by: 59.18    (1) presenting an identification card issued by the tribal government of a tribe 59.19recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 59.20contains the name, address, signature, and picture of the individual; or 59.21    (2) presenting an identification card issued by the tribal government of a tribe 59.22recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 59.23contains the name, signature, and picture of the individual and also presenting one of the 59.24documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 59.25    (e) A county, school district, or municipality may require that an election judge 59.26responsible for election day registration initial each completed registration application. 59.27    Sec. 4. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read: 59.28    Subdivision 1. Form. A voter registration application must be of suitable size and 59.29weight for mailing and contain spaces for the following required information: voter's first 59.30name, middle name, and last name; voter's previous name, if any; voter's current address; 59.31voter's previous address, if any; voter's date of birth; voter's municipality and county of 59.32residence; voter's telephone number, if provided by the voter; date of registration; current 59.33and valid Minnesota driver's license number or Minnesota state identification number, 59.34or if the voter has no current and valid Minnesota driver's license or Minnesota state 59.35identification, new text begin and new text end the last four digits of the voter's Social Security number; and voter's 60.1signature. The registration application may include the voter's e-mail address, if provided 60.2by the voter, and the voter's interest in serving as an election judge, if indicated by the 60.3voter. The application must also contain the following certification of voter eligibility: 60.4"I certify that I: 60.5(1) will be at least 18 years old on election day; 60.6(2) am a citizen of the United States; 60.7(3) will have resided in Minnesota for 20 days immediately preceding election day; 60.8(4) maintain residence at the address given on the registration form; 60.9(5) am not under court-ordered guardianship in which the court order revokes my 60.10right to vote; 60.11(6) have not been found by a court to be legally incompetent to vote; 60.12(7) have the right to vote because, if I have been convicted of a felony, my felony 60.13sentence has expired (been completed) or I have been discharged from my sentence; and 60.14(8) have read and understand the following statement: that giving false information 60.15is a felony punishable by not more than five years imprisonment or a fine of not more 60.16than $10,000, or both." 60.17The certification must include boxes for the voter to respond to the following 60.18questions: 60.19"(1) Are you a citizen of the United States?" and 60.20"(2) Will you be 18 years old on or before election day?" 60.21And the instruction: 60.22"If you checked 'no' to either of these questions, do not complete this form." 60.23The form of the voter registration application and the certification of voter eligibility 60.24must be as provided in this subdivision and approved by the secretary of state. Voter 60.25registration forms authorized by the National Voter Registration Act must also be accepted 60.26as valid. The federal postcard application form must also be accepted as valid if it is not 60.27deficient and the voter is eligible to register in Minnesota. 60.28An individual may use a voter registration application to apply to register to vote in 60.29Minnesota or to change information on an existing registration. 60.30 new text begin A paper voter registration application must include space for the voter's signature. new text end 60.31 new text begin Paper voter registration applications, other than those used for election day registration, new text end 60.32 new text begin must be of suitable size and weight for mailing. new text end 60.33    Sec. 5. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision 60.34to read: 61.1     new text begin Subd. 5a. new text end new text begin Registration confirmation to registered voter. new text end new text begin The secretary of state new text end 61.2 new text begin must ensure that the secretary of state's Web site is capable of providing voter registration new text end 61.3 new text begin confirmation to a registered voter. An individual requesting registration confirmation must new text end 61.4 new text begin provide the individual's name, address, and date of birth. If the information provided by new text end 61.5 new text begin the individual completely matches an active voter record in the statewide voter registration new text end 61.6 new text begin system, the Web site must inform the individual that the individual is a registered voter and new text end 61.7 new text begin must provide the individual with the individual's polling place location. If the information new text end 61.8 new text begin provided by the individual does not completely match an active voter record in the new text end 61.9 new text begin statewide voter registration system, the Web site must inform the individual that a voter new text end 61.10 new text begin record with that name and date of birth at the address provided cannot be confirmed and the new text end 61.11 new text begin Web site must advise the individual to contact the county auditor for further information. new text end 61.12 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 61.13 new text begin certified that the Web site has been tested, has been shown to properly retrieve information new text end 61.14 new text begin from the correct voter's record, and can handle the expected volume of use. new text end 61.15    Sec. 6. new text begin [201.35] REPORT TO LEGISLATURE; UNDELIVERABLE new text end 61.16 new text begin REGISTRATION NOTICES. new text end 61.17 new text begin By January 15 of each odd-numbered year, the secretary of state shall report to the new text end 61.18 new text begin chair and ranking minority members of the house of representatives and senate committees new text end 61.19 new text begin with jurisdiction over election issues on the number of registration notices returned as new text end 61.20 new text begin undeliverable. The report must include the total number of notices returned statewide, new text end 61.21 new text begin organized by county and by precinct, and indicate the reasons provided by the postal new text end 61.22 new text begin service for return of the notices. Each county auditor must cooperate with the secretary of new text end 61.23 new text begin state in providing the data required by this section in a timely manner. new text end 61.24    Sec. 7. Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read: 61.25    Subd. 2. Examination of return envelopes. Two or more election judges shall 61.26examine each return envelope and shall mark it accepted or rejected in the manner 61.27provided in this subdivision. If a ballot has been prepared under section 204B.12, 61.28subdivision 2a , or , the election judges shall not begin removing ballot envelopes 61.29from the return envelopes until 8:00 p.m. on election day, either in the polling place or at 61.30an absentee ballot board established under section . 61.31The election judges shall mark the return envelope "Accepted" and initial or sign 61.32the return envelope below the word "Accepted" if the election judges or a majority 61.33of them are satisfied that: 62.1(1) the voter's name and address on the return envelope are the same as the 62.2information provided on the absentee ballot application; 62.3(2) the voter's signature on the return envelope is the genuine signature of the 62.4individual who made the application for ballots and the certificate has been completed as 62.5prescribed in the directions for casting an absentee ballot, except that if a person other 62.6than the voter applied for the absentee ballot under applicable Minnesota Rules, the 62.7signature is not required to match; 62.8(3) the voter is registered and eligible to vote in the precinct or has included a 62.9properly completed voter registration application in the return envelope; and 62.10(4) the voter has not already voted at that election, either in person or by absentee 62.11ballot. 62.12There is no other reason for rejecting an absentee ballot. In particular, failure to 62.13place the ballot within the security envelope before placing it in the outer white envelope 62.14is not a reason to reject an absentee ballot. 62.15The return envelope from accepted ballots must be preserved and returned to the 62.16county auditor. 62.17If all or a majority of the election judges examining return envelopes find that 62.18an absent voter has failed to meet one of the requirements prescribed in clauses (1) to 62.19(4), they shall mark the return envelope "Rejected," initial or sign it below the word 62.20"Rejected," and return it to the county auditor. 62.21    Sec. 8. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read: 62.22    Subd. 2. Candidates seeking nomination by primary. No individual who 62.23seeks nomination for any partisan or nonpartisan office at a primary shall be nominated 62.24for the same office by nominating petition, except as otherwise provided for partisan 62.25offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13, 62.26subdivision 4 . 62.27    Sec. 9. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read: 62.28    Subd. 3. Nomination for nonpartisan office. No individual shall be nominated 62.29by nominating petition for any nonpartisan office except in the event of a vacancy in 62.30nomination as provided in section . 62.31    Sec. 10. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read: 62.32    Subdivision 1. Form of petition. A nominating petition may consist of one or more 62.33separate pages each of which shall state: 63.1(a) the office sought; 63.2(b) the candidate's name and residence address, including street and number if 63.3any; and 63.4(c) the candidate's political party or political principle expressed in not more than 63.5three words. No candidate who files for a partisan office by nominating petition shall use 63.6the term "nonpartisan" as a statement of political principle or the name of the candidate's 63.7political party. No part of the name of a major political party may be used to designate the 63.8political party or principle of a candidate who files for a partisan office by nominating 63.9petition, except that the word "independent" may be used to designate the party or 63.10principle. A candidate who files by nominating petition to fill a vacancy in nomination for 63.11a nonpartisan office pursuant to section , shall not state any political principle or 63.12the name of any political party on the petition. 63.13    Sec. 11. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read: 63.14    Subdivision 1. Candidates in state and county general elections. (a) Except as 63.15otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 63.16for county, state, and federal offices filled at the state general election shall be filed not 63.17more than 70 days nor less than 56 days before the state primary. The affidavit may 63.18be prepared and signed at any time between 60 days before the filing period opens and 63.19the last day of the filing period. 63.20    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 63.21signed in the presence of a notarial officer or an individual authorized to administer oaths 63.22under section 358.10. 63.23    (c) This provision does not apply to candidates for presidential elector nominated by 63.24major political parties. Major party candidates for presidential elector are certified under 63.25section 208.03. Other candidates for presidential electors may file petitions on or before 63.26the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies 63.27in nominations shall be filed as provided in section . No affidavit or petition shall 63.28be accepted later than 5:00 p.m. on the last day for filing. 63.29    (d) Affidavits and petitions for county offices must be filed with the county auditor 63.30of that county. Affidavits and petitions for federal offices must be filed with the secretary 63.31of state. Affidavits and petitions for state offices must be filed with the secretary of state or 63.32with the county auditor of the county in which the candidate resides. 63.33    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted 63.34by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and 63.35must be received by 5:00 p.m. on the last day for filing. 64.1    Sec. 12. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read: 64.2    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of 64.3candidacy, a candidate may present a petition in place of the filing fee. The petition may 64.4be signed by any individual eligible to vote for the candidate. A nominating petition filed 64.5pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of 64.6a filing fee if the nominating petition includes a prominent statement informing the signers 64.7of the petition that it will be used for that purpose. 64.8The number of signatures on a petition in place of a filing fee shall be as follows: 64.9(a) for a state office voted on statewide, or for president of the United States, or 64.10United States senator, 2,000; 64.11(b) for a congressional office, 1,000; 64.12(c) for a county or legislative office, or for the office of district judge, 500; and 64.13(d) for any other office which requires a filing fee as prescribed by law, municipal 64.14charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 64.15votes cast in the municipality, ward, or other election district at the preceding general 64.16election at which that office was on the ballot. 64.17An official with whom petitions are filed shall make sample forms for petitions in 64.18place of filing fees available upon request. 64.19    Sec. 13. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read: 64.20    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the 64.21manner provided by this section. A vacancy in nomination exists when: 64.22(a) new text begin (1) new text end a major political party candidate or nonpartisan candidate who was nominated 64.23at a primary dies or files an affidavit of withdrawal as provided in section 204B.12, 64.24subdivision 2a ; or 64.25(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or 64.26files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. new text begin (2) a major new text end 64.27 new text begin political party candidate for state constitutional office or the candidate's legal guardian new text end 64.28 new text begin files an affidavit of vacancy at least one day prior to the general election with the same new text end 64.29 new text begin official who received the affidavit of candidacy that states that: new text end 64.30 new text begin (i) the candidate has a catastrophic illness that was diagnosed after the deadline new text end 64.31 new text begin for withdrawal; and new text end 64.32 new text begin (ii) the candidate's illness will permanently and continuously incapacitate the new text end 64.33 new text begin candidate and prevent the candidate from performing the duties of the office sought. new text end 64.34 new text begin The affidavit must be accompanied by a certificate verifying that the candidate's new text end 64.35 new text begin illness meets the requirements of this clause, signed by at least two licensed physicians. new text end 65.1    Sec. 14. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read: 65.2    Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for 65.3partisan office shall be filled as provided in this subdivision new text begin effectively remove that office new text end 65.4 new text begin from the ballot. Votes cast at the general election for that office are invalid and the office new text end 65.5 new text begin must be filled in a special election held in accordance with section 204D.17, except as new text end 65.6 new text begin provided by this section new text end . 65.7 new text begin Except for the vacancy in nomination, all other candidates whose names would have new text end 65.8 new text begin appeared on the general election ballot for this race must appear on the special election new text end 65.9 new text begin ballot for this race. There must not be a primary to fill the vacancy in nomination. new text end 65.10A major political party has the authority to fill a vacancy in nomination of that 65.11party's candidate by filing a nomination certificate with the same official who received 65.12the affidavits of candidacy for that office. 65.13(b) A major political party may provide in its governing rules a procedure, including 65.14designation of an appropriate committee, to fill vacancies in nomination for all new text begin federal new text end 65.15 new text begin and state new text end offices elected statewide. The nomination certificate shall be prepared under the 65.16direction of and executed by the chair and secretary of the political party and filed within 65.17seven days after the vacancy in nomination occurs or before the 14th day before the 65.18general election, whichever is sooner. If the vacancy in nomination occurs through the 65.19candidate's death or catastrophic illness, the nomination certificate must be filed within 65.20seven days after the vacancy in nomination occurs but no later than four days before 65.21the general election. The chair and secretary when filing the certificate shall attach an 65.22affidavit stating that the newly nominated candidate has been selected under the rules of 65.23the party and that the individuals signing the certificate and making the affidavit are the 65.24chair and secretary of the party. 65.25    Sec. 15. Minnesota Statutes 2008, section 204B.13, is amended by adding a 65.26subdivision to read: 65.27     new text begin Subd. 7. new text end new text begin Date of special election. new text end new text begin The special election must be held on the second new text end 65.28 new text begin Tuesday in December. new text end 65.29    Sec. 16. Minnesota Statutes 2008, section 204B.13, is amended by adding a 65.30subdivision to read: 65.31     new text begin Subd. 8. new text end new text begin Absentee voters. new text end new text begin All applicants for absentee ballots for the general new text end 65.32 new text begin election must be sent ballots for the special election, without submission of a new absentee new text end 65.33 new text begin ballot application. new text end 66.1    Sec. 17. Minnesota Statutes 2008, section 204B.13, is amended by adding a 66.2subdivision to read: 66.3     new text begin Subd. 9. new text end new text begin Subsequent vacancy in nomination. new text end new text begin (a) A vacancy in nomination that new text end 66.4 new text begin occurs prior to a special election scheduled as a result of an earlier vacancy in nomination new text end 66.5 new text begin must be filled in the same manner as provided in this section, except that the previously new text end 66.6 new text begin scheduled special election must be canceled and a new special election held. new text end 66.7 new text begin (b) A special election required by this subdivision must be held on the second new text end 66.8 new text begin Tuesday of the month following the month during which the prior special election was new text end 66.9 new text begin scheduled to be held, provided that if the new special election date falls on a federal new text end 66.10 new text begin holiday, the special election must be held on the next following Tuesday after the holiday. new text end 66.11    Sec. 18. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read: 66.12    Subdivision 1. Date of election. The general election in a town must be held on the 66.13second Tuesday in March, except as provided in subdivision 2 new text begin or when moved for bad new text end 66.14 new text begin weather as provided in section 365.51, subdivision 1 new text end . 66.15    Sec. 19. Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision 66.16to read: 66.17     new text begin Subd. 2a. new text end new text begin Return to March election. new text end new text begin The town board of a town that has adopted new text end 66.18 new text begin the alternative November election date under subdivision 2 may, after having conducted new text end 66.19 new text begin at least two elections on the alternative date, adopt a resolution designating the second new text end 66.20 new text begin Tuesday in March as the date of the town general election. The resolution must be new text end 66.21 new text begin adopted by a unanimous vote of the town supervisors and must include a plan to shorten new text end 66.22 new text begin or lengthen the terms of office to provide an orderly transition to the March election new text end 66.23 new text begin schedule. The resolution becomes effective upon an affirmative vote of the electors at new text end 66.24 new text begin the next town general election. new text end 66.25    Sec. 20. Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read: 66.26    Subd. 4. Officers; November election. new text begin Except as provided in subdivision 4a, new text end 66.27supervisors and other town officers in towns that hold the town general election in 66.28November shall be elected for terms of four years commencing on the first Monday in 66.29January and until their successors are elected and qualified. The clerk and treasurer shall 66.30be elected in alternate years. 66.31    Sec. 21. Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision 66.32to read: 67.1     new text begin Subd. 4a. new text end new text begin Optional six-year terms. new text end new text begin The resolution required under section 205.075, new text end 67.2 new text begin subdivision 2, to adopt the alternative November date for town general election may new text end 67.3 new text begin include the proposal and corresponding transition plan to provide for a six-year term for new text end 67.4 new text begin town supervisors. A town that has adopted the alternative November date for general town new text end 67.5 new text begin elections using the four-year terms provided under subdivision 4 may adopt a resolution new text end 67.6 new text begin establishing six-year terms for supervisors as provided under this subdivision. The new text end 67.7 new text begin resolution must include a plan to provide an orderly transition to six-year terms. The new text end 67.8 new text begin resolution adopting the six-year term for town supervisors may be proposed by the town new text end 67.9 new text begin board or by a resolution of the electors adopted at the annual town meeting and is effective new text end 67.10 new text begin upon an affirmative vote of the electors at the next town general election. new text end 67.11    Sec. 22. new text begin REPEALER. new text end 67.12 new text begin Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions new text end 67.13 new text begin 4, 5, and 6; 204B.41; and 204D.169, new text end new text begin are repealed. new text end 67.14    Sec. 23. new text begin EXPIRATION. new text end 67.15 new text begin Sections 7 to 17 and 22 expire on June 30, 2013. new text end