1.1 	A bill for an act
1.2 	relating to elections; changing and clarifying certain provisions;amending 
1.3 	Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision 
1.4 	1; 201.11; 201.12; 201.121, subdivision 3; 201.13; 201.14; 201.15, subdivisions 
1.5 	1, 2; 201.155; 201.171; 203B.02, subdivision 3; 203B.04, subdivision 1; 
1.6 	203B.06, subdivisions 1, as amended, 5; 203B.081, as amended; 203B.16, 
1.7 	subdivision 2; 203B.19; 203B.227; 204B.04, subdivision 2; 204B.135, 
1.8 	subdivision 4; 204B.14, by adding a subdivision; 204B.18, subdivision 1; 
1.9 	204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, by 
1.10 	adding a subdivision; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06, 
1.11 	subdivision 1; 204C.08; 204C.09, subdivision 1; 204C.12, subdivision 2; 
1.12 	204C.13, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivisions 1, 2; 
1.13 	204C.33, subdivision 1; 204C.35, subdivisions 2, 3; 204C.36, subdivisions 3, 4; 
1.14 	204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision 
1.15 	1; 204D.17; 204D.19; 204D.20, subdivision 1; 205.065, subdivision 1, as 
1.16 	amended; 205.07, subdivision 1, by adding a subdivision; 205.13, subdivisions 
1.17 	1, 2; 205.16, subdivisions 2, 3, 4, as amended, 5, as amended; 205A.03, 
1.18 	subdivision 2, as amended; 205A.04, subdivision 1; 205A.05, subdivision 1; 
1.19 	205A.07, subdivisions 3, as amended, 3a, as amended, 3b, as amended; 205A.11, 
1.20 	subdivision 3; 206.57, subdivision 6; 208.03; 365.51, subdivision 1; 375.101, 
1.21 	subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 
1.22 	201; 204D; 205; 205A; 373; repealing Minnesota Statutes 2008, sections 3.22; 
1.23 	204B.22, subdivision 3; 204D.10, subdivision 2; 206.57, subdivision 7; 206.805, 
1.24 	subdivision 2; 206.91.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

2.17 	Sec. 2. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
2.18 		Subdivision 1.Prior to election day. At any time except during the 20 days 
2.19 	immediately preceding any regularly scheduled election, an eligible voter or any 
2.20 	individual who will be an eligible voter at the time of the next election may register to vote 
2.21 	in the precinct in which the voter maintains residence by completing a voter registration 
2.22 	application as described in section 201.071, subdivision 1, and submitting it in person 
2.23 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
2.24 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
2.25 	election shall be accepted. An improperly addressed or delivered registration application 
2.26 	shall be forwarded within two working days after receipt to the county auditor of the 
2.27 	county where the voter maintains residence. A state or local agency or an individual that 
2.28 	accepts completed voter registration applications from a voter must submit the completed 
2.29 	applications to the secretary of state or the appropriate county auditor within ten calendar
2.30 	days after the applications are dated by the voter. 
2.31 	For purposes of this section, mail registration is defined as a voter registration 
2.32 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
2.33 	United States Postal Service or a commercial carrier.

3.1 	Sec. 3. Minnesota Statutes 2008, section 201.11, is amended to read:
3.2 	201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET ADDRESS
3.3 	CHANGED, CHANGE OF FILES.
3.4 		Subdivision 1.Precinct boundaries changed. When the boundaries of a precinct 
3.5 	are changed, the county auditor shall immediately update the voter records for that 
3.6 	precinct in the statewide voter registration system to accurately reflect those changes.
3.7 		Subd. 2.House number or street address changed. If a municipality 
3.8 	administratively changes the number or name of a street address of an existing residence, 
3.9 	the municipal clerk shall promptly notify the county auditor and the county auditor 
3.10 	shall immediately update the voter records of registered voters in the statewide voter 
3.11 	registration system to accurately reflect that change. A municipality must not make a 
3.12 	change to the number or name of a street address of an existing residence effective during 
3.13 	the 45 days prior to any election in a jurisdiction which includes the affected residence.

3.14 	Sec. 4. Minnesota Statutes 2008, section 201.12, is amended to read:
3.15 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
3.16 	CHALLENGES. 
3.17 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
3.18 	excess names, the county auditor may mail to any registered voter a notice stating the 
3.19 	voter's name and address as they appear in the registration files. The notice shall request 
3.20 	the voter to notify the county auditor if there is any mistake in the information. 
3.21 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
3.22 	official is returned as undeliverable but with a permanent forwarding address in this state, 
3.23 	the county auditor may change the voter's status to "inactive" in the statewide registration 
3.24 	system and shall notify transmit a copy of the mailing to the auditor of the county in which 
3.25 	the new address is located. Upon receipt of the notice, If an election is scheduled to 
3.26 	occur in the precinct in which the voter resides in the next 47 days, the county auditor 
3.27 	shall promptly update the voter's address in the statewide voter registration system and. 
3.28 	If there is not an election scheduled, the auditor may wait to update the voter's address 
3.29 	until after the next list of address changes is received from the secretary of state. Once 
3.30 	updated, the county auditor shall mail to the voter a notice stating the voter's name, 
3.31 	address, precinct, and polling place, except that if the voter's record is challenged due to a 
3.32 	felony conviction, noncitizenship, name change, incompetence, or a court's revocation of 
3.33 	voting rights of individuals under guardianship, the auditor must not mail the notice. The 
3.34 	notice must advise the voter that the voter's voting address has been changed and that the 
3.35 	voter must notify the county auditor within 21 days if the new address is not the voter's 
4.1 	address of residence. The notice must state that it must be returned if it is not deliverable 
4.2 	to the voter at the named address. 
4.3 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
4.4 	official is returned as undeliverable but with a permanent forwarding address outside this 
4.5 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
4.6 	advising the voter that the voter's status in the statewide voter registration system will be 
4.7 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
4.8 	voter is retaining the former address as the voter's address of residence. If the notice is not 
4.9 	received by the deadline, the county auditor shall change the voter's status to "inactive" 
4.10 	in the statewide voter registration system. 
4.11 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
4.12 	is returned as undeliverable but with no forwarding address, the county auditor shall 
4.13 	change the registrant's status to "challenged" in the statewide voter registration system. 
4.14 	An individual challenged in accordance with this subdivision shall comply with the 
4.15 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
4.16 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
4.17 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
4.18 	voter registration system. 

4.19 	EFFECTIVE DATE. This section is effective June 1, 2011.

4.20 	Sec. 5. Minnesota Statutes 2008, section 201.121, subdivision 3, is amended to read:
4.21 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
4.22 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
4.23 	individuals registered on election day. The random sampling shall be determined in 
4.24 	accordance with the rules of the secretary of state. As soon as practicable after the 
4.25 	election, the county auditor shall mail the notice required by subdivision 2 to all other 
4.26 	individuals registered on election day. If a notice is returned as not deliverable, the county 
4.27 	auditor shall attempt to determine the reason for the return. A county auditor who does not 
4.28 	receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately 
4.29 	notify the county attorney of all of the relevant information and the secretary of state of 
4.30 	the numbers by precinct. By March 1 of every odd-numbered year, the secretary of state 
4.31 	shall report to the chair and ranking minority members of the legislative committees with 
4.32 	jurisdiction over elections the number of notices reported under this subdivision to the 
4.33 	secretary of state for the previous state general election by county and precinct.

5.1 	Sec. 6. Minnesota Statutes 2008, section 201.13, is amended to read:
5.2 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
5.3 	RECORDS.
5.4 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
5.5 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
5.6 	shall report monthly by electronic means to the secretary of state the name, address, date 
5.7 	of birth, and county of residence of each individual 18 years of age or older who has died 
5.8 	while maintaining residence in Minnesota since the last previous report. The secretary of 
5.9 	state shall determine if any of the persons listed in the report are registered to vote and 
5.10 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
5.11 	receiving the list from the secretary of state, the county auditor shall change the status of 
5.12 	those registrants to "deceased" in the statewide voter registration system.
5.13 		Subd. 1a.Social Security Administration; reports of deceased residents. The 
5.14 	secretary of state shall determine if any of the persons listed on the Social Security 
5.15 	Death Index are registered to vote and prepare a list of those registrants for each county 
5.16 	auditor. The county auditor shall change the status of those registrants to "deceased" 
5.17 	in the statewide voter registration system.
5.18 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
5.19 	died outside the county, the county auditor shall change the voter's status to "deceased." 
5.20 	Notice must be in the form of a printed obituary or a written statement signed by a 
5.21 	registered Minnesota voter of the county.
5.22 		Subd. 3. Use of change of address system. (a) At least once each month the 
5.23 	secretary of state shall obtain a list of individuals registered to vote in this state who 
5.24 	have filed with the United States Postal Service a change of their permanent address. 
5.25 	However, the secretary of state shall not load data derived from this list into the statewide 
5.26 	voter registration system within the 47 days before the state primary or 47 days before a 
5.27 	November general election.
5.28 	(b) If the address is changed to another address in this state, the secretary of state 
5.29 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
5.30 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
5.31 	information about the changed address by electronic means to the county auditor of the 
5.32 	county in which the new address is located. If the voter has not voted or submitted a 
5.33 	voter registration application since the address change, upon receipt of the information, 
5.34 	the county auditor shall update the voter's address in the statewide voter registration 
5.35 	system and. The county auditor shall mail to the voter a notice stating the voter's name, 
5.36 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
6.1 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
6.2 	rights of individuals under guardianship, in which case the auditor must not mail the 
6.3 	notice. The notice must advise the voter that the voter's voting address has been changed 
6.4 	and that the voter must notify the county auditor within 21 days if the new address is not 
6.5 	the voter's address of residence. The notice must state that it must be returned if it is not 
6.6 	deliverable to the voter at the named address. 
6.7 	(b) (c) If the change of permanent address is to an address outside this state, the 
6.8 	secretary of state shall notify by electronic means the auditor of the county where the 
6.9 	voter formerly resided that the voter has moved to another state. If the voter has not voted 
6.10 	or submitted a voter registration application since the address change, the county auditor 
6.11 	shall promptly mail to the voter at the voter's new address a notice advising the voter that 
6.12 	the voter's status in the statewide voter registration system will be changed to "inactive" 
6.13 	unless the voter notifies the county auditor within 21 days that the voter is retaining the 
6.14 	former address as the voter's address of residence, except that if the voter's record is 
6.15 	challenged due to a felony conviction, noncitizenship, name change, incompetence, or 
6.16 	a court's revocation of voting rights of individuals under guardianship,  the auditor must 
6.17 	not mail the notice. If the notice is not received by the deadline, the county auditor shall 
6.18 	change the voter's status to "inactive" in the statewide voter registration system. 
6.19 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
6.20 	for removal of the voter's record, the county auditor shall remove the record of the voter 
6.21 	from the statewide voter registration system.

6.22 	EFFECTIVE DATE. Subdivision 1a is effective the day following final enactment. 
6.23 	Subdivision 3 is effective June 1, 2011. The remainder of this section is effective August 
6.24 	1, 2010.

6.25 	Sec. 7. Minnesota Statutes 2008, section 201.14, is amended to read:
6.26 	201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT 
6.27 	CHANGES OF NAMES.
6.28 	The state court administrator of district court in each county shall regularly report 
6.29 	monthly by electronic means to the county auditor secretary of state the name and,  address, 
6.30 	and, if available, driver's license or state identification card number of each individual, 18 
6.31 	years of age or over, who maintains residence in that county and whose name was changed 
6.32 	during the month preceding the date of the since the last report, by marriage, divorce or any 
6.33 	order or decree of the court. The secretary of state shall determine if any of the persons in 
6.34 	the report are registered to vote under their previous name and shall prepare a list of those 
7.1 	registrants for each county auditor. Upon receipt of the report list, the county auditor shall 
7.2 	notify by mail each registered voter whose name was changed that it will be necessary to 
7.3 	reregister under the changed name in order to vote make the change in the voter's record 
7.4 	and mail to the voter the notice of registration required by section 201.121, subdivision 2.

7.5 	EFFECTIVE DATE. This section is effective June 1, 2011.

7.6 	Sec. 8. Minnesota Statutes 2008, section 201.15, subdivision 1, is amended to read:
7.7 		Subdivision 1.Guardianships and incompetents. Pursuant to the Help America 
7.8 	Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly
7.9 	regularly by electronic means to the secretary of state the name, address, and date of birth, 
7.10 	and, if available, driver's license or state identification card number of each individual 18 
7.11 	years of age or over, who during the month preceding the date of the since the last report:
7.12 	(a) (1) was placed under a guardianship in which the court order revokes the ward's 
7.13 	right to vote; or
7.14 	(b) (2) was adjudged legally incompetent.
7.15 	The court administrator shall also report the same information for each individual 
7.16 	transferred to the jurisdiction of the court who meets a condition specified in clause (a)
7.17 	(1) or (b) (2). The secretary of state shall determine if any of the persons in the report is 
7.18 	registered to vote and shall prepare a list of those registrants for the county auditor. The 
7.19 	county auditor shall change the status on the record in the statewide registration system 
7.20 	of any individual named in the report to indicate that the individual is not eligible to 
7.21 	reregister or vote.

7.22 	Sec. 9. Minnesota Statutes 2008, section 201.15, subdivision 2, is amended to read:
7.23 		Subd. 2.Guardianship termination or modification. Pursuant to the Help 
7.24 	America Vote Act of 2002, Public Law 107-252, the state court administrator shall report 
7.25 	monthly regularly by electronic means to the secretary of state the name, address, and
7.26 	date of birth, and, if available, driver's license or state identification card number of each 
7.27 	individual whose guardianship was modified to restore the ward's right to vote or whose 
7.28 	guardianship was terminated by order of the court under section 524.5-317 after being 
7.29 	ineligible to vote for any of the reasons specified in subdivision 1. The secretary of state 
7.30 	shall determine if any of the persons in the report is registered to vote and shall prepare a 
7.31 	list of those registrants for the county auditor. The county auditor shall change the status 
7.32 	on the voter's record in the statewide registration system to "active."

8.1 	Sec. 10. Minnesota Statutes 2008, section 201.155, is amended to read:
8.2 	201.155 REPORT ON FELONY CONVICTIONS.
8.3 	Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state 
8.4 	court administrator shall report monthly regularly by electronic means to the secretary 
8.5 	of state the name, address, date of birth, and, if available, driver's license or state 
8.6 	identification card number, date of sentence, effective date of the sentence, and county 
8.7 	in which the conviction occurred of each person who has been convicted of a felony. 
8.8 	The state court administrator shall also report the name, address, and date of birth of 
8.9 	each person previously convicted of a felony whose civil rights have been restored. The 
8.10 	secretary of state shall determine if any of the persons in the report is registered to vote 
8.11 	and shall prepare a list of those registrants for each county auditor. The county auditor 
8.12 	shall change the status of those registrants in the appropriate manner in the statewide 
8.13 	registration system.

8.14 	Sec. 11. [201.157] USE OF DEPARTMENT OF CORRECTIONS DATA.
8.15 	As required by the Help America Vote Act of 2002, Public Law 107-252, the 
8.16 	commissioner of corrections shall make electronic data available to the secretary of state 
8.17 	on individuals 18 years of age or older who are currently serving felony sentences under 
8.18 	the commissioner's jurisdiction. The data must include the name, date of birth, corrections' 
8.19 	state identification number, and if available, the driver's license or state identification card 
8.20 	number, and, if an individual has completed the sentence, the date of discharge.
8.21 	The secretary of state must determine if any data newly indicates that:
8.22 	(1) an individual with an active voter registration in the statewide voter registration 
8.23 	system is currently serving a felony sentence under the commissioner's jurisdiction and 
8.24 	the individual's voter record does not already have a challenged status due to a felony 
8.25 	conviction;
8.26 	(2) an individual with an active voter registration in the statewide voter registration 
8.27 	system who is currently serving a felony sentence under the commissioner's jurisdiction 
8.28 	appears to have registered to vote or to have voted during a period when the individual's 
8.29 	civil rights were revoked; and
8.30 	(3) an individual with a voter record that has a challenged status due to a felony 
8.31 	conviction who was serving a felony sentence under the commissioner's jurisdiction has 
8.32 	been discharged from a sentence.
8.33 	The secretary of state shall prepare a list of the registrants included under clause (1), 
8.34 	(2), or (3) for each county auditor. For individuals under clause (1), the county auditor 
8.35 	shall challenge the individual's record in the statewide voter registration system. The 
9.1 	county auditor must provide information to the county attorney about individuals under 
9.2 	clause (2) for the county attorney's investigation. For individuals under clause (3), the 
9.3 	county auditor must determine if the challenge status should be removed from the voter 
9.4 	record for the individual, and if so, must remove the challenge.
9.5 	The secretary of state must make the required determinations and provide the 
9.6 	required lists to the county auditors at least monthly.
9.7 	For each state general election that occurs prior to the statewide voter registration 
9.8 	system being programmed to generate lists as required by this section, the secretary of 
9.9 	state must make the determination and provide lists to the county auditors between 30 and 
9.10 	60 days before the election and again between six and ten weeks after the election. In the 
9.11 	year following that state election, the secretary of state must make this determination and 
9.12 	provide lists to the county auditors again as part of the annual list maintenance.

9.13 	EFFECTIVE DATE. This section is effective August 1, 2010.

9.14 	Sec. 12. [201.158] USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
9.15 	As required by the Help America Vote Act of 2002, Public Law 107-252, the 
9.16 	commissioner of public safety shall make electronic data on citizenship available to the 
9.17 	secretary of state. The secretary of state must determine whether the data newly indicates 
9.18 	that any individuals who have active records in the statewide voter registration system 
9.19 	are not citizens. The secretary of state shall prepare a list of those voters for each county 
9.20 	auditor. The county auditor shall change the status of those registrants in the statewide 
9.21 	voter registration system to reflect that they are challenged based upon their citizenship 
9.22 	and must notify the county attorney.
9.23 	In 2010, the secretary of state must make the determination and provide lists 
9.24 	to the county auditors between 30 and 60 days before the general election and again 
9.25 	between six and ten weeks after the election. In 2011, the secretary of state must make 
9.26 	this determination again as part of the annual list maintenance. By August 1, 2012, the 
9.27 	secretary of state must provide electronic lists to the counties at least monthly.

9.28 	Sec. 13. Minnesota Statutes 2008, section 201.171, is amended to read:
9.29 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
9.30 	REGISTRATION REMOVED. 
9.31 	Within six weeks after every election, the county auditor shall post the voting 
9.32 	history for every person who voted in the election. After the close of the calendar year, the 
9.33 	secretary of state shall determine if any registrants have not voted during the preceding 
10.1 	four years. The secretary of state shall perform list maintenance by changing the status of 
10.2 	those registrants to "inactive" in the statewide registration system. The list maintenance 
10.3 	performed must be conducted in a manner that ensures that the name of each registered 
10.4 	voter appears in the official list of eligible voters in the statewide registration system. 
10.5 	A voter must not be removed from the official list of eligible voters unless the voter is 
10.6 	not eligible or is not registered to vote. List maintenance must include procedures for 
10.7 	eliminating duplicate names from the official list of eligible voters. 
10.8 	The secretary of state shall also prepare a report to the county auditor containing the 
10.9 	names of all registrants whose status was changed to "inactive." 
10.10 	Registrants whose status was changed to "inactive" must register in the manner 
10.11 	specified in section 201.054 before voting in any primary, special primary, general, school 
10.12 	district, or special election, as required by section 201.018. 
10.13 	Although not counted in an election, a late or rejected absentee or mail ballot must 
10.14 	be considered a vote for the purpose of continuing registration under this section, but is 
10.15 	not considered voting history for the purpose of public information lists available under 
10.16 	section 201.091, subdivision 4. 

10.17 	Sec. 14. Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:
10.18 		Subd. 3.Permanent Indefinite residence abroad. A United States citizen living 
10.19 	permanently indefinitely outside the United States who is eligible under federal law to 
10.20 	vote in federal elections in Minnesota may vote by absentee ballot only as provided in 
10.21 	sections 203B.16 to 203B.27.  

10.22 	Sec. 15. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
10.23 		Subdivision 1. Application procedures. Except as otherwise allowed by 
10.24 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
10.25 	for any election may be submitted at any time not less than one day before the day of 
10.26 	that election. The county auditor shall prepare absentee ballot application forms in the 
10.27 	format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
10.28 	and shall furnish them to any person on request. By January 1 of each even-numbered 
10.29 	year, the secretary of state shall make the forms to be used available to auditors through 
10.30 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
10.31 	and shall be submitted to:
10.32 	(a)(1) the county auditor of the county where the applicant maintains residence; or 
10.33 	(b)(2) the municipal clerk of the municipality, or school district if applicable, where 
10.34 	the applicant maintains residence. 
11.1 	An application shall be approved if it is timely received, signed and dated by the 
11.2 	applicant, contains the applicant's name and residence and mailing addresses, and states 
11.3 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
11.4 	section 203B.02. The application may contain a request for the voter's date of birth, which 
11.5 	must not be made available for public inspection. An application may be submitted to 
11.6 	the county auditor or municipal clerk by an electronic facsimile device. An application 
11.7 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
11.8 	by a person other than the voter must be deposited in the mail or returned in person to 
11.9 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
11.10 	and no later than six days before the election. The absentee ballot applications or a list of 
11.11 	persons applying for an absentee ballot may not be made available for public inspection 
11.12 	until the close of voting on election day. 
11.13 	An application under this subdivision may contain an application under subdivision 
11.14 	5 to automatically receive an absentee ballot application. 

11.15 	Sec. 16. Minnesota Statutes 2008, section 203B.06, subdivision 1, as amended by 
11.16 	Laws 2010, chapter 184, section 5, is amended to read:
11.17 		Subdivision 1.Printing and delivery of forms. Each county auditor and municipal 
11.18 	clerk shall prepare and print a sufficient number of blank application forms for absentee 
11.19 	ballots. The county auditor or municipal clerk shall deliver a blank application form to 
11.20 	any voter who requests one pursuant to section 203B.04. Blank application forms must be 
11.21 	mailed to eligible voters who have requested an application pursuant to section 203B.04, 
11.22 	subdivision 5 or 6, at least 60 days before:
11.23 	(1) each regularly scheduled primary for federal, state, county, city, or school board 
11.24 	office;
11.25 	(2) each regularly scheduled general election for city or school board office for 
11.26 	which a primary is not held; and
11.27 	(3) a special primary to fill a federal or county office vacancy or special election 
11.28 	to fill a federal or county office vacancy, if no major party has more than one candidate 
11.29 	after the time for withdrawal has expired a primary is not required to be held pursuant to 
11.30 	section 204D.03, subdivision 3, or 204D.07, subdivision 3; and
11.31 	(4) any election held in conjunction with an election described in clauses (1) to (3);
11.32 	or at least 45 days before any other primary or other election for which a primary is not 
11.33 	held.

11.34 	Sec. 17. Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:
12.1 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
12.2 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
12.3 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
12.4 	preserved by the county auditor or municipal clerk and arranged according to precincts 
12.5 	and the initial letter of the applicant's surname for 22 months.

12.6 	Sec. 18. Minnesota Statutes 2008, section 203B.081, as amended by Laws 2010, 
12.7 	chapter 184, section 6, is amended to read:
12.8 	203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 
12.9 	An eligible voter may vote by absentee ballot in the office of the county auditor and 
12.10 	at any other polling place designated by the county auditor during the 46 days before: 
12.11 	(1) a regularly scheduled election for federal, state, county, city, or school board 
12.12 	office or;
12.13 	(2) a special election for a federal or county office; and
12.14 	(3) an election held in conjunction with an election described in clauses (1) and (2), 
12.15 	and during the 30 days before any other election. The county auditor shall make such 
12.16 	designations at least 14 weeks before the election. At least one voting booth in each 
12.17 	polling place must be made available by the county auditor for this purpose. The county 
12.18 	auditor must also make available at least one electronic ballot marker in each polling place 
12.19 	that has implemented a voting system that is accessible for individuals with disabilities 
12.20 	pursuant to section 206.57, subdivision 5. 

12.21 	Sec. 19. Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:
12.22 		Subd. 2.Permanent Indefinite residence outside United States. Sections 203B.16
12.23 	to 203B.27 provide the exclusive voting procedure for United States citizens who are 
12.24 	living permanently indefinitely outside the territorial limits of the United States who meet 
12.25 	all the qualifications of an eligible voter except residence in Minnesota, but who are 
12.26 	authorized by federal law to vote in Minnesota because they maintained residence in 
12.27 	Minnesota for at least 20 days immediately prior to their departure from the United States. 
12.28 	Individuals described in this subdivision shall be permitted to vote only for the offices of 
12.29 	president, vice-president, senator in Congress, and representative in Congress.

12.30 	Sec. 20. Minnesota Statutes 2008, section 203B.19, is amended to read:
12.31 	203B.19 RECORDING APPLICATIONS. 
13.1 	Upon accepting an application, the county auditor shall record in the statewide 
13.2 	registration system the voter's name, address of present or former residence in Minnesota, 
13.3 	mailing address, school district number, passport number, Minnesota driver's license 
13.4 	number or state identification card number, or the last four digits of the voter's Social 
13.5 	Security number, and whether the voter is in the military or the spouse or dependent of an 
13.6 	individual serving in the military, is a voter temporarily outside the territorial limits of the 
13.7 	United States, or is living permanently outside the territorial limits of the United States 
13.8 	and voting under federal law. The county auditor shall retain the record for six years. A 
13.9 	voter whose name is recorded as provided in this section shall not be required to register 
13.10 	under any other provision of law in order to vote under sections 203B.16 to 203B.27. 
13.11 	Persons from whom applications are not accepted must be notified by the county auditor 
13.12 	and provided with the reasons for the rejection. 
13.13 	No later than 60 days after the general election, the county auditor shall report to the 
13.14 	secretary of state the combined number of absentee ballots transmitted to absent voters 
13.15 	described in section 203B.16. No later than 60 days after the general election, the county 
13.16 	auditor shall report to the secretary of state and the combined number of absentee ballots 
13.17 	returned and cast by absent voters described in section 203B.16. The secretary of state 
13.18 	may require the information be reported by category under section 203B.16 or by precinct. 
13.19 	No later than 90 days after the general election, the secretary of state shall report to 
13.20 	the federal Election Assistance Commission the number of absentee ballots transmitted 
13.21 	to voters under section 203B.16. 

13.22 	Sec. 21. Minnesota Statutes 2008, section 203B.227, is amended to read:
13.23 	203B.227 WRITE-IN ABSENTEE BALLOT. 
13.24 	(a) A voter described in section 203B.16, subdivision 1, may use a state write-in 
13.25 	absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local 
13.26 	election. In a state or local election, a vote for a political party without specifying the 
13.27 	name of a candidate must not be counted. 
13.28 	(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post 
13.29 	Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter 
13.30 	registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card 
13.31 	Application. If the voter has not already voted and the accompanying certificate is properly 
13.32 	completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

13.33 	Sec. 22. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
14.1 		Subd. 2.Candidates seeking nomination by primary. No individual who 
14.2 	seeks nomination for any partisan or nonpartisan office at a primary shall be nominated 
14.3 	for the same office by nominating petition, except as otherwise provided for partisan 
14.4 	offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13, 
14.5 	subdivision 4.  

14.6 	Sec. 23. Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:
14.7 		Subd. 4.Special elections; limitations. No municipality or school district may 
14.8 	conduct a special election during the 19 weeks before the state primary election in the year 
14.9 	ending in two, except for special elections conducted on the date of the school district 
14.10 	general election. A school district special election required by any other law may be 
14.11 	deferred until the date of the next school district general election, the state primary 
14.12 	election, or the state general election.

14.13 	Sec. 24. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
14.14 	subdivision to read:
14.15 		Subd. 4a.Municipal boundary adjustment procedure. A change in the boundary 
14.16 	of an election precinct that has occurred as a result of a municipal boundary adjustment 
14.17 	made under chapter 414 that is effective more than 21 days before a  regularly scheduled 
14.18 	election takes effect at the scheduled election.
14.19 	A change in the boundary of an election precinct that has occurred as a result of a 
14.20 	municipal boundary adjustment made under chapter 414 that is effective less than 21 days 
14.21 	before a regularly scheduled election takes effect the day after the scheduled election.

14.22 	Sec. 25. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
14.23 		Subdivision 1.Booths; voting stations.  (a) Each polling place must contain a 
14.24 	number of voting booths or voting stations in proportion to the number of individuals 
14.25 	eligible to vote in the precinct. Each booth or station must be at least six feet high, 
14.26 	three feet deep and two feet wide with a shelf at least two feet long and one foot wide 
14.27 	placed at a convenient height for writing. The booth or station shall permit the voter to 
14.28 	vote privately and independently. 
14.29 	(b) Each polling place must have at least one accessible voting booth or other 
14.30 	accessible voting station and beginning with federal and state elections held after 
14.31 	December 31, 2005, and county, municipal, and school district elections held after 
14.32 	December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 
14.33 	America Vote Act, Public Law 107-252. 
15.1 	(c) Local jurisdictions must make accessible voting stations purchased with funds 
15.2 	provided from the Help America Vote Act account available to other local jurisdictions 
15.3 	holding stand-alone elections. The jurisdiction providing the equipment may require the 
15.4 	jurisdiction using the equipment to reimburse any direct actual costs incurred as a result 
15.5 	of the equipment's use and any prorated indirect costs of maintaining and storing the 
15.6 	equipment. A rental or other similar use fee may not be charged.
15.7 	Any funds received under this clause for expenses incurred by that local jurisdiction 
15.8 	as a direct result of making the equipment available that were not paid for in whole or in 
15.9 	part with funds from the Help America Vote Act account are not program income under 
15.10 	the Help America Vote Act, Public Law 107-252.
15.11 	Any funds received by a local jurisdiction making the equipment available as 
15.12 	reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162, 
15.13 	section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from 
15.14 	the Help America Vote Act account must be treated as program income and deposited into 
15.15 	the jurisdiction's Help America Vote Act account in the direct proportion that funds from 
15.16 	the Help America Vote Act account were used to pay for those "operating costs."
15.17 	(d) All booths or stations must be constructed so that a voter is free from observation 
15.18 	while marking ballots. During the hours of voting, the booths or stations must have 
15.19 	instructions, a pencil, and other supplies needed to mark the ballots. A chair must be 
15.20 	provided for elderly voters and voters with disabilities to use while voting or waiting 
15.21 	to vote. Stable flat writing surfaces must also be made available to voters who are 
15.22 	completing election-related forms.
15.23 	(e) All ballot boxes, voting booths, voting stations, and election judges must be 
15.24 	in open public view in the polling place.

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

15.26 	Sec. 26. Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:
15.27 		Subdivision 1.Minimum number required. (a) A minimum of three four election 
15.28 	judges shall be appointed for each precinct, except as provided by subdivision 2. In a 
15.29 	combined polling place under section 204B.14, subdivision 2, at least one judge must be 
15.30 	appointed from each municipality in the combined polling place, provided that not less 
15.31 	than three judges shall be appointed for each combined polling place. The appointing 
15.32 	authorities may appoint election judges for any precinct in addition to the number required 
15.33 	by this subdivision including additional election judges to count ballots after voting has 
15.34 	ended.  
16.1 	(b) An election judge may serve for all or part of election day, at the discretion of 
16.2 	the appointing authority, as long as the minimum number of judges required is always 
16.3 	present. The head election judge designated under section 204B.20 must serve for all of 
16.4 	election day and be present in the polling place unless another election judge has been 
16.5 	designated by the head election judge to perform the functions of the head election judge 
16.6 	during any absence.  

16.7 	Sec. 27. Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:
16.8 		Subd. 2.Additional election judges in paper ballot precincts Exception. In 
16.9 	precincts using paper ballots, A minimum of three election judges shall be appointed in 
16.10 	precincts not using electronic voting equipment. One additional election judge shall be 
16.11 	appointed for each 150 votes cast in that precinct at the last similar election. At each 
16.12 	state primary or state general election in precincts using paper ballots and in which more 
16.13 	than 300 votes were cast at the last similar election, additional election judges shall be 
16.14 	appointed to count the ballots and complete the returns in place of the election board 
16.15 	that served while voting was taking place.

16.16 	Sec. 28. Minnesota Statutes 2008, section 204B.24, is amended to read:
16.17 	204B.24 ELECTION JUDGES; OATH.
16.18 	Each election judge shall sign the following oath before assuming the duties of 
16.19 	the office:
16.20 	"I .......... solemnly swear (or affirm) that I will perform the duties of election judge 
16.21 	according to law and the best of my ability and will diligently endeavor to prevent fraud, 
16.22 	deceit and abuse in conducting this election. I will perform my duties in a fair and impartial 
16.23 	manner and not attempt to create an advantage for my party or for any candidate."
16.24 	The oath shall be attached to the summary statement of the election returns of that 
16.25 	precinct. If there is no individual present who is authorized to administer oaths, the 
16.26 	election judges may administer the oath to each other.

16.27 	Sec. 29. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
16.28 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
16.29 	publish a volume containing all state general laws relating to elections. The attorney 
16.30 	general shall provide annotations to the secretary of state for this volume. On or before 
16.31 	July August 1 of every even-numbered odd-numbered year the secretary of state shall 
16.32 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
16.33 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
17.1 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
17.2 	copy available on the office's Web site. The secretary of state may prepare and transmit 
17.3 	to the county auditors and municipal clerks detailed written instructions for complying 
17.4 	with election laws relating to the conduct of elections, conduct of voter registration and 
17.5 	voting procedures.

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

17.7 	Sec. 30. Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:
17.8 		Subd. 3.Instruction posters. At least 25 days before every state primary election 
17.9 	the secretary of state shall prepare and furnish to the county auditor of each county in 
17.10 	which paper ballots are used, voter instruction posters printed in large type upon cards or 
17.11 	heavy paper. The instruction posters must contain the information needed to enable the 
17.12 	voters to cast their paper ballots quickly and correctly and indicate the types of assistance 
17.13 	available for elderly and disabled voters. Two instruction posters shall be furnished for 
17.14 	each precinct in which paper ballots are used. Upon mutual agreement, the secretary of 
17.15 	state may provide the posters in an electronic format.

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

17.17 	Sec. 31. Minnesota Statutes 2008, section 204B.28, is amended by adding a 
17.18 	subdivision to read:
17.19 		Subd. 3.Certification of number. The county auditor or municipal clerk must 
17.20 	certify the number of ballots being provided to each precinct and provide this number to 
17.21 	the election judges for inclusion on the summary statement. The auditor or clerk must not 
17.22 	open prepackaged ballots, but must count the ballots, presuming that the total count for 
17.23 	each package is correct.

17.24 	Sec. 32. Minnesota Statutes 2008, section 204B.38, is amended to read:
17.25 	204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
17.26 	When the similarity of surnamesboth the first and last names of two or more 
17.27 	candidates for the same office at the same election may cause confusion to voters, up to 
17.28 	three additional words may be printed on the ballot after each surname to indicate the 
17.29 	candidate's occupation, office, residence or any combination of them if the candidate 
17.30 	furnishes the identifying words to the filing officer by the last day for withdrawal of 
17.31 	candidacy.

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

18.2 	Sec. 33. Minnesota Statutes 2008, section 204C.02, is amended to read:
18.3 	204C.02 APPLICATION.
18.4 	This chapter applies to all elections held in this state except as otherwise provided 
18.5 	by law.
18.6 	An individual who is unable to write the individual's name must sign election-related 
18.7 	documents in the manner provided by section 645.44, subdivision 14. An individual who 
18.8 	has power of attorney for another person may not sign election-related documents for that 
18.9 	person, except as provided by this section.

18.10 	Sec. 34. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
18.11 		Subdivision 1.Right to be absent. Every employee who is eligible to vote in an 
18.12 	election has the right to be absent from work for the purpose of voting during the morning 
18.13 	of for the time necessary to appear at the employee's polling place, cast a ballot, and return 
18.14 	to work on the day of that election, without penalty or deduction from salary or wages 
18.15 	because of the absence. An employer or other person may not directly or indirectly refuse, 
18.16 	abridge, or interfere with this right or any other election right of an employee.

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

18.18 	Sec. 35. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
18.19 		Subdivision 1. Lingering Persons allowed near polling place. An individual shall 
18.20 	be allowed to go to and from the polling place for the purpose of voting without unlawful 
18.21 	interference. No one except an election official or an individual who is waiting to register 
18.22 	or to vote or an individual who is conducting exit polling shall stand within 100 feet of 
18.23 	the building in which a polling place is located. "Exit polling" is defined as approaching 
18.24 	voters in a predetermined pattern as they leave the polling place after they have voted and 
18.25 	asking voters to fill out an anonymous, written questionnaire.

18.26 	Sec. 36. Minnesota Statutes 2008, section 204C.08, is amended to read:
18.27 	204C.08 OPENING OF POLLING PLACES.
18.28 		Subdivision 1.Arrival; ballots. The election judges shall meet at the polling place 
18.29 	at least one hour before the time for opening the polls. Before the polls open, the election 
18.30 	judges shall compare the ballots used with the sample ballots, electronic ballot displays, 
18.31 	and audio ballot reader furnished to see that the names, numbers, and letters on both agree 
19.1 	and shall certify to that fact on forms provided for that purpose. The certification must 
19.2 	be filed with the election returns.
19.3 		Subd. 1a. Display of flag. Upon their arrival at the polling place on the day of 
19.4 	election, the election judges shall cause the national flag to be displayed on a suitable 
19.5 	staff at the entrance to the polling place. The flag shall be displayed continuously during 
19.6 	the hours of voting and the election judges shall attest to that fact by signing the flag 
19.7 	certification statement on the precinct summary statement. The election judges shall 
19.8 	receive no compensation for any time during which they intentionally fail to display 
19.9 	the flag as required by this subdivision.
19.10 		Subd. 1a. 1b.Voter's Bill of Rights. The county auditor shall prepare and provide 
19.11 	to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as 
19.12 	set forth in this section. Before the hours of voting are scheduled to begin, the election 
19.13 	judges shall post it in a conspicuous location or locations in the polling place. The Voter's 
19.14 	Bill of Rights is as follows:
19.15 	"VOTER'S BILL OF RIGHTS
19.16 	For all persons residing in this state who meet federal voting eligibility requirements:
19.17 	(1) You have the right to be absent from work for the purpose of voting during the 
19.18 	morning ofwithout reduction to your pay, personal leave, or vacation time on election day
19.19 	for the time necessary to appear at your polling place, cast a ballot, and return to work.
19.20 	(2) If you are in line at your polling place any time between 7:00 a.m. and before
19.21 	8:00 p.m., you have the right to vote.
19.22 	(3) If you can provide the required proof of residence, you have the right to register 
19.23 	to vote and to vote on election day.
19.24 	(4) If you are unable to sign your name, you have the right to orally confirm your 
19.25 	identity with an election judge and to direct another person to sign your name for you.
19.26 	(5) You have the right to request special assistance when voting.
19.27 	(6) If you need assistance, you may be accompanied into the voting booth by a 
19.28 	person of your choice, except by an agent of your employer or union or a candidate.
19.29 	(7) You have the right to bring your minor children into the polling place and into 
19.30 	the voting booth with you.
19.31 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
19.32 	completed) or you have been discharged from your sentence, you have the right to vote.
19.33 	(9) If you are under a guardianship, you have the right to vote, unless the court 
19.34 	order revokes your right to vote.
19.35 	(10) You have the right to vote without anyone in the polling place trying to 
19.36 	influence your vote.
20.1 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
20.2 	right to receive a replacement ballot and vote.
20.3 	(12) You have the right to file a written complaint at your polling place if you are 
20.4 	dissatisfied with the way an election is being run.
20.5 	(13) You have the right to take a sample ballot into the voting booth with you.
20.6 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
20.7 	booth with you."
20.8 		Subd. 2.Posting of voting instructions. Before the hours for voting are scheduled 
20.9 	to begin, the election judges shall post any official voter instruction posters furnished to 
20.10 	them in a conspicuous location or locations in the polling place.
20.11 		Subd. 2a.Sample ballots. A At least two sample ballot ballots must be posted in a 
20.12 	conspicuous location in the polling place and must remain open to inspection by the voters 
20.13 	throughout election day. The sample ballot ballots must accurately reflect the offices, 
20.14 	candidates, and rotation sequence on the ballots used in that polling place. The sample 
20.15 	ballots may be either in full or reduced size.
20.16 		Subd. 3.Locking of ballot boxes box. Immediately before the time when voting 
20.17 	is scheduled to begin, one of the election judges shall open the ballot boxes box in the 
20.18 	presence of the individuals assembled at the polling place, turn the boxes upside down to
20.19 	demonstrate that it is empty them, lock them it, and deliver the key to another election 
20.20 	judge. Except as provided by law or rule, the boxes box shall not be reopened except 
20.21 	to count the ballots until after the hours for voting have ended and all voting has been 
20.22 	concluded. The boxes box shall be kept in public view at all times during voting hours. 
20.23 	After locking the ballot boxes box, the election judges shall proclaim that voting may 
20.24 	begin, and shall post outside the polling place conspicuous written or printed notices of 
20.25 	the time when voting is scheduled to end.
20.26 		Subd. 4.Ballot boxes, box boxcar seals. The governing body of a municipality or 
20.27 	school district by resolution may direct the municipal or school district clerk to furnish 
20.28 	a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a 
20.29 	numbered metal strap with a self-locking device securely attached to one end of the strap 
20.30 	so that the other end may be inserted and securely locked in the seal. No two metal straps 
20.31 	shall bear the same number.

20.32 	Sec. 37. Minnesota Statutes 2008, section 204C.09, subdivision 1, is amended to read:
20.33 		Subdivision 1.Counting and initialing. (a) Before the voting begins, at least two 
20.34 	election judges must certify the number of ballots delivered to the precinct. Election 
20.35 	judges may conduct this count, presuming that the total count provided for prepackaged 
21.1 	ballots is correct. As each package is opened, two judges must count the ballots in the 
21.2 	package to ensure that the total count provided for the package is correct. Any discrepancy 
21.3 	must be noted on the incident log.
21.4 	(b) Before the voting begins, or as soon as possible after it begins, at least two 
21.5 	election judges shall each initial the backs of all the ballots. The election judges shall 
21.6 	not otherwise mark the ballots.

21.7 	Sec. 38. Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:
21.8 		Subd. 2.Statement of grounds; oath. A challenger must be a resident of this state. 
21.9 	The secretary of state shall prepare a form that challengers must complete and sign when 
21.10 	making a challenge. The form must include space to state the ground for the challenge, 
21.11 	a statement that the challenge is based on the challenger's personal knowledge, and a 
21.12 	statement that the challenge is made under oath. The form must include a space for the 
21.13 	challenger's printed name, signature, telephone number, and address.
21.14 	An election judge shall administer to the challenged individual the following oath:
21.15 	"Do you solemnly swear (or affirm) that you will fully and truly answer all questions 
21.16 	put to you concerning your eligibility to vote at this election?"
21.17 	The election judge shall then ask the challenged individual sufficient questions to 
21.18 	test that individual's residence and right to vote.

21.19 	Sec. 39. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
21.20 		Subd. 2.Voting booths. One of the election judges shall explain to the voter the 
21.21 	proper method of marking and folding the ballots and, during a primary election, the effect 
21.22 	of attempting to vote in more than one party's primary. Except as otherwise provided in 
21.23 	section 204C.15, the voter shall retire alone to an unoccupied voting booth andor, at the 
21.24 	voter's discretion, the voter may choose to use another writing surface. The voter shall 
21.25 	mark the ballots without undue delay. The voter may take sample ballots into the booth to 
21.26 	assist in voting. The election judges may adopt and enforce reasonable rules governing the 
21.27 	amount of time a voter may spend in the voting booth marking ballots. 

21.28 	Sec. 40. Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
21.29 		Subdivision 1.Information requirements. Precinct summary statements shall be 
21.30 	submitted by the election judges in every precinct. For all elections, the election judges 
21.31 	shall complete three or more copies of the summary statements, and each copy shall 
21.32 	contain the following information for each kind of ballot:
22.1 	(a) the number of ballots delivered to the precinct as adjusted by the actual count 
22.2 	made by the election judges, the number of unofficial ballots made, and the number of 
22.3 	absentee ballots delivered to the precinct;
22.4 	(b) the number of votes each candidate received or the number of yes and no votes 
22.5 	on each question, the number of undervotes or partially blank ballots, and,  the number of 
22.6 	overvotes or partially, and the number of defective ballots with respect to each office or 
22.7 	question;
22.8 	(b) the number of totally blank ballots, the number of totally defective ballots, (c)  the 
22.9 	number of spoiled ballots, the number of duplicate ballots made, the number of absentee 
22.10 	ballots rejected, and the number of unused ballots, presuming that the total count provided 
22.11 	on each package of unopened prepackaged ballots is correct;
22.12 	(c) (d) the number of individuals who voted at the election in the precinct which 
22.13 	must equal the total number of ballots cast in the precinct, as required by sections 204C.20 
22.14 	and 206.86, subdivision 1;
22.15 	(d) (e)  the number of voters registering on election day in that precinct; and
22.16 	(e) (f)  the signatures of the election judges who counted the ballots certifying that 
22.17 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
22.18 	entered by the election judges on the summary statements correctly show the number of 
22.19 	votes cast for each candidate and for and against each question.
22.20 	At least two copies of the summary statement must be prepared for elections not 
22.21 	held on the same day as the state elections.

22.22 	Sec. 41. Minnesota Statutes 2008, section 204C.28, subdivision 1, is amended to read:
22.23 		Subdivision 1.County auditor. Every county auditor shall remain at the auditor's 
22.24 	office to receive delivery of the returns, to permit public inspection of the summary 
22.25 	statements, and to tabulate the votes until all have been tabulated and the results made 
22.26 	known, or until 24 hours have elapsed since the end of the hours for voting, whichever 
22.27 	occurs first. Every county auditor shall, in the presence of the municipal clerk or the 
22.28 	election judges who deliver the returns, make a record of all materials delivered, the time 
22.29 	of delivery, and the names of the municipal clerk or election judges who made delivery. 
22.30 	 The record must include the number of ballots delivered to the precinct, as certified by 
22.31 	section 204B.28, and the total number of ballots returned, as certified by the election 
22.32 	judges under section 204C.24. A discrepancy between the number of ballots delivered 
22.33 	to the precinct and the number of total ballots returned by election judges that cannot be 
22.34 	reconciled by taking into account the adjustments made by the election judge counts and 
22.35 	any unofficial ballots must be noted, but does not necessarily require disqualification of 
23.1 	the votes from that precinct or invalidation of the election. The county auditor shall file the 
23.2 	record and all envelopes containing ballots in a safe and secure place with envelope seals 
23.3 	unbroken. Access to the record and ballots shall be strictly controlled. Accountability 
23.4 	and a record of access shall be maintained by the county auditor during the period for 
23.5 	contesting elections or, if a contest is filed, until the contest has been finally determined. 
23.6 	Thereafter, the record shall be retained in the auditor's office for the same period as the 
23.7 	ballots as provided in section 204B.40.
23.8 	The county auditor shall file all envelopes containing ballots in a safe place 
23.9 	with seals unbroken. If the envelopes were previously opened by proper authority for 
23.10 	examination or recount, the county auditor shall have the envelopes sealed again and 
23.11 	signed by the individuals who made the inspection or recount. The envelopes may be 
23.12 	opened by the county canvassing board if necessary to procure election returns that the 
23.13 	election judges inadvertently may have sealed in the envelopes with the ballots. In that 
23.14 	case, the envelopes shall be sealed again and signed in the same manner as otherwise 
23.15 	provided in this subdivision.

23.16 	Sec. 42. Minnesota Statutes 2008, section 204C.28, subdivision 2, is amended to read:
23.17 		Subd. 2.Clerks. The clerk of every first, second, and third class city shall remain at 
23.18 	the clerk's office to receive delivery of returns, or until 24 hours have elapsed since the end 
23.19 	of the hours for voting, whichever occurs first. The clerk of every first class city shall keep 
23.20 	a book in which, in the presence of the election judges or other individuals who deliver the 
23.21 	returns, the clerk shall make a record of all materials delivered, the time of delivery, and 
23.22 	the names of the election judges or other individuals who made delivery. The record must 
23.23 	include the number of ballots delivered to the precinct, as certified by section 204B.28, 
23.24 	and the total number of ballots returned, as certified by the election judges under section 
23.25 	204C.24. A discrepancy between the number of ballots delivered to the precinct and the 
23.26 	number of total ballots returned by election judges that cannot be reconciled by taking into 
23.27 	account the adjustments made by the election judge counts and any unofficial ballots must 
23.28 	be noted, but does not necessarily require disqualification of the votes from that precinct 
23.29 	or invalidation of the election. The book shall be retained in the clerk's office for the same 
23.30 	period as the ballots as provided in section 204B.40.  

23.31 	Sec. 43. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
23.32 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
23.33 	county auditor's office on or before the seventh day following the state general election. 
23.34 	After taking the oath of office, the board shall promptly and publicly canvass the general 
24.1 	election returns delivered to the county auditor. Upon completion of the canvass, the board 
24.2 	shall promptly prepare and file with the county auditor a report which states:
24.3 	(a) the number of individuals voting at the election in the county and in each precinct;
24.4 	(b) the number of individuals registering to vote on election day and the number of 
24.5 	individuals registered before election day in each precinct;
24.6 	(c) the names of the candidates for each office and the number of votes received 
24.7 	by each candidate in the county and in each precinct, including write-in candidates for 
24.8 	state and federal office who have requested under section 204B.09 that votes for those 
24.9 	candidates be tallied; 
24.10 	(d) the number of votes counted for and against a proposed change of county lines 
24.11 	or county seat; and
24.12 	(e) the number of votes counted for and against a constitutional amendment or other 
24.13 	question in the county and in each precinct.
24.14 	The result of write-in votes cast on the general election ballots must be compiled by 
24.15 	the county auditor before the county canvass, except that write-in votes for a candidate for 
24.16 	federal, state, or federal county office must not be counted unless the candidate has timely 
24.17 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
24.18 	for each municipality to provide an adequate number of election judges to perform this 
24.19 	duty or the county auditor may appoint additional election judges for this purpose. The 
24.20 	county auditor may open the envelopes or containers in which the voted ballots have been 
24.21 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
24.22 	the conclusion of this process. The county auditor must prepare a separate report of votes 
24.23 	received by precinct for write-in candidates for federal, state, and county offices who have 
24.24 	requested under section 204B.09 that votes for those candidates be tallied.
24.25 	Upon completion of the canvass, the county canvassing board shall declare the 
24.26 	candidate duly elected who received the highest number of votes for each county and state 
24.27 	office voted for only within the county. The county auditor shall transmit one of the a
24.28 	certified copies copy of the county canvassing board report for state and federal offices to 
24.29 	the secretary of state by messenger, express mail, or similar service immediately upon 
24.30 	conclusion of the county canvass.

24.31 	Sec. 44. Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:
24.32 		Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was 
24.33 	on the ballot for nomination or election to a statewide federal office, state constitutional 
24.34 	office, statewide judicial office, congressional office, state legislative office, or district 
24.35 	judicial office may request a recount in a manner provided in this section at the candidate's 
25.1 	own expense when the vote difference is greater than the difference required by this 
25.2 	section. The votes shall be manually recounted as provided in this section if the candidate 
25.3 	files a request during the time for filing notice of contest of the primary or election for 
25.4 	which a recount is sought. 
25.5 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety 
25.6 	in an amount set by the filing officer for the payment of the recount expenses. The 
25.7 	requesting candidate is responsible for the following expenses: the compensation of the 
25.8 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
25.9 	administrator, or other personnel who participate in the recount; the costs of computer 
25.10 	operation, preparation of ballot counting equipment, necessary supplies and travel 
25.11 	related to the recount; the compensation of the appropriate canvassing board and costs of 
25.12 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
25.13 	with the recount by the governing body responsible for the recount. 
25.14 	(c) The requesting candidate may provide the filing officer with a list of up to three 
25.15 	precincts that are to be recounted first and may waive the balance of the recount after these 
25.16 	precincts have been counted. If the candidate provides a list, the recount official must 
25.17 	determine the expenses for those precincts in the manner provided by paragraph (b). 
25.18 	(d) If the winner of the race is changed by the optional recount, the cost of the 
25.19 	recount must be paid by the jurisdiction conducting the recount. 
25.20 	(e) If a result of the vote counting in the manual recount is different from the result 
25.21 	of the vote counting reported on election day by a margin greater than the standard for 
25.22 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
25.23 	cost of the recount must be paid by the jurisdiction conducting the recount. 

25.24 	Sec. 45. Minnesota Statutes 2008, section 204C.35, subdivision 3, is amended to read:
25.25 		Subd. 3.Scope of recount. A recount conducted as provided in this section is 
25.26 	limited in scope to the determination of the number of votes validly cast for the office to 
25.27 	be recounted. Only the ballots cast in the election and the summary statements certified 
25.28 	by the election judges may be considered in the recount process. Original ballots that 
25.29 	have been duplicated under section 206.86, subdivision 5, are not within the scope of a 
25.30 	recount and must not be examined except as provided by a court in an election contest 
25.31 	under chapter 209. 

25.32 	Sec. 46. Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:
25.33 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
25.34 	for a ballot question when the difference between the votes for and the votes against the 
26.1 	question is less than or equal to the difference provided in subdivision 1. A recount may 
26.2 	be requested by any person eligible to vote on the ballot question. A written request for a 
26.3 	recount must be filed with the filing officer of the county, municipality, or school district 
26.4 	placing the question on the ballot and must be accompanied by a petition containing the 
26.5 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
26.6 	when the difference between the votes for and the votes against the question is less than or 
26.7 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
26.8 	for a county question at the expense of the county, the governing body of the municipality 
26.9 	shall recount the votes for a municipal question at the expense of the municipality, and the 
26.10 	school board of the school district shall recount the votes for a school district question at 
26.11 	the expense of the school district. If the difference between the votes for and the votes 
26.12 	against the question is greater than the difference provided in subdivision 1, the person 
26.13 	requesting the recount shall also file with the filing officer of the county, municipality, or 
26.14 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
26.15 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
26.16 	or surety required must be filed during the time for notice of contest for the election for 
26.17 	which the recount is requested.

26.18 	Sec. 47. Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:
26.19 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
26.20 	discretionary recount, is responsible for the following expenses: the compensation of the 
26.21 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
26.22 	administrator, or other personnel who participate in the recount; the costs of computer 
26.23 	operation, preparation of ballot counting equipment, necessary supplies and travel 
26.24 	related to the recount; the compensation of the appropriate canvassing board and costs of 
26.25 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
26.26 	with the recount by the governing body responsible for the recount.

26.27 	Sec. 48. Minnesota Statutes 2008, section 204C.37, is amended to read:
26.28 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
26.29 	STATE.
26.30 	Two copies A copy of the reports report required by sections 204C.32, subdivision 
26.31 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
26.32 	auditor. Each The copy shall be enclosed in an envelope addressed to the secretary 
26.33 	of state, with the county auditor's name and official address and the words "Election 
26.34 	Returns" endorsed on the envelope. The copy of the canvassing board report not sent by 
27.1 	express mail and the precinct summary statements must be mailed sent by express mail
27.2 	or delivered to the secretary of state. If neither the copy is not received by the secretary 
27.3 	of state within ten days following the applicable election, the secretary of state shall 
27.4 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
27.5 	state by special messenger. 

27.6 	Sec. 49. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
27.7 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
27.8 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
27.9 	rotation of the names of candidates and for layout of the ballot.
27.10 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
27.11 	legal advisor of the official before delivery to the printer.
27.12 	(c) The legal advisor of a town official is not required to approve instructions 
27.13 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
27.14 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
27.15 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
27.16 	check, acceptable to the official responsible for printing the ballots, conditioned on 
27.17 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
27.18 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
27.19 	letter of credit, or certified check in an amount equal to the value of the purchase.

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

27.21 	Sec. 50. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
27.22 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
27.23 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
27.24 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
27.25 	be voted for in the county shall be placed on the sample ballots, with the names of the 
27.26 	candidates for each office arranged alphabetically according to the surname in the base 
27.27 	rotation as determined by section 206.61, subdivision 5. Only one sample state partisan 
27.28 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
27.29 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
27.30 	auditor's office and shall cause them to be published at least one week before the state 
27.31 	primary in at least one newspaper of general circulation in the county.

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

28.1 	Sec. 51. Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:
28.2 		Subdivision 1.Partisan offices; nominees. The candidate for nomination of a 
28.3 	major political party for a partisan office on the state partisan primary ballot who receives 
28.4 	the highest number of votes shall be the nominee of that political party for that office, 
28.5 	except as otherwise provided in subdivision 2.

28.6 	Sec. 52. Minnesota Statutes 2008, section 204D.17, is amended to read:
28.7 	204D.17 REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE 
28.8 	REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
28.9 		Subdivision 1.Special elections; exceptions. A vacancy in the office of 
28.10 	representative in Congress or state senator or state representative shall be filled for the 
28.11 	unexpired term by special election upon the writ of the governor as provided in sections 
28.12 	204D.17 to 204D.27; except that if Congress or the legislature will not be in session before 
28.13 	the expiration of the vacant term no special election is required. 
28.14 		Subd. 2.Two or more vacancies. Two or more vacancies may be filled at the same 
28.15 	special election and the candidates may be nominated at the same special primary. Any 
28.16 	special primary or special election held pursuant to sections 204D.17 to 204D.27 may be 
28.17 	held on the same day as any other election. 

28.18 	Sec. 53. Minnesota Statutes 2008, section 204D.19, is amended to read:
28.19 	204D.19 SPECIAL ELECTIONS; WHEN HELD.
28.20 		Subdivision 1.Vacancy filled at general election. When a vacancy occurs more 
28.21 	than 150 days before the next state general election, and the Congress or the legislature 
28.22 	will not be in session before the final canvass of the state general election returns, the 
28.23 	vacancy shall be filled at the next state general election.
28.24 		Subd. 2. Special election when Congress or legislature will be in session. Except 
28.25 	for vacancies in the legislature which occur at any time between the last day of session 
28.26 	in an odd-numbered year and the 40th day prior to the opening day of session in the 
28.27 	succeeding even-numbered year, when a vacancy occurs and the Congress or legislature 
28.28 	will be in session so that the individual elected as provided by this section could take office 
28.29 	and exercise the duties of the office immediately upon election, the governor shall issue 
28.30 	within five days after the vacancy occurs a writ calling for a special election. The special 
28.31 	election shall be held as soon as possible, consistent with the notice requirements of section 
28.32 	204D.22, subdivision 3, but in no event more than 35 days after the issuance of the writ. 
28.33 		Subd. 3.Special election at other times. When a vacancy occurs at a time other 
28.34 	than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a 
29.1 	special election to be held so that the individual elected may take office at the opening of 
29.2 	the next session of the Congress or of the legislature, or at the reconvening of a session of 
29.3 	the Congress or of the legislature.
29.4 		Subd. 4.Writ when vacancy results from election contest. If a vacancy results 
29.5 	from a successful election contest, the governor shall issue 22 days after the first day of 
29.6 	the legislative session a writ calling for a special election unless the house in which the 
29.7 	contest may be tried has passed a resolution which states that it will or will not review 
29.8 	the court's determination of the contest. If the resolution states that the house will not 
29.9 	review the court's determination, the writ shall be issued within five days of the passage of 
29.10 	the resolution.

29.11 	Sec. 54. [204D.195] DATE OF SPECIAL ELECTION; CERTAIN TIMES 
29.12 	PROHIBITED.
29.13 	Notwithstanding any other provision of law, a special primary and special general 
29.14 	election may not be held for a period beginning the day following the date of the state 
29.15 	primary election, and ending the day prior to the date of the state general election.

29.16 	Sec. 55. Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:
29.17 		Subdivision 1.Special primary. Except as provided in subdivision 2, the candidates 
29.18 	of the major political parties to fill a vacancy shall be nominated at a special primary. The 
29.19 	candidate of each party who receives the highest number of votes at the special primary 
29.20 	shall be nominated without reference to the ten percent requirement of section 204D.10, 
29.21 	subdivision 2.  

29.22 	Sec. 56. [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.
29.23 		Subdivision 1.Scope; definition. (a) A vacancy in the office of representative in 
29.24 	Congress must be filled as specified in this section.
29.25 	(b) "Vacancy," as used in this section, means a vacancy in the office of representative 
29.26 	in Congress.
29.27 		Subd. 2.Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs 
29.28 	27 weeks or more before the state primary, the governor must issue a writ within three 
29.29 	days of the vacancy for a special election for that office to be held between 20 and 24 
29.30 	weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary 
29.31 	must be held 11 weeks before the special election or on the second Tuesday in August if 
29.32 	the general election is held on the first Tuesday after the first Monday in November if any 
29.33 	major party has more than one candidate after the time for withdrawal has expired.
30.1 	(b) The filing period for a special election under this subdivision must end on or 
30.2 	before the 131st day before the special election. Minor party and independent candidates 
30.3 	must submit their petitions by the last day for filing and signatures on the petitions must be 
30.4 	dated from the date of the vacancy through the last day for filing. There must be a one-day 
30.5 	period for withdrawal of candidates after the last day for filing.
30.6 		Subd. 3.Vacancy more than 22 weeks but fewer than 27 weeks before state 
30.7 	primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the 
30.8 	state primary, the governor must issue a writ within three days of the vacancy for a special 
30.9 	election for that office to be held on the day of the state primary with a special primary 
30.10 	held 11 weeks before the state primary, if any major party has more than one candidate 
30.11 	after the time for withdrawal has expired. The regularly scheduled election to fill the 
30.12 	next full term shall proceed pursuant to law.
30.13 	(b) The filing period for a special election under this subdivision must end on or 
30.14 	before the 147th day before the state primary. Minor party and independent candidates 
30.15 	must submit their petitions by the last day for filing and signatures on the petitions must be 
30.16 	dated from the date of the vacancy through the last day for filing. There must be a one-day 
30.17 	period for withdrawal of candidates after the last day for filing. Candidates for a special 
30.18 	election under this subdivision are not subject to the prohibition in section 204B.06 against 
30.19 	having more than one affidavit of candidacy on file for the same election.
30.20 	(c) The winner of a special election on the day of the state primary under this 
30.21 	subdivision shall serve the remainder of the vacant term and is eligible to be seated 
30.22 	in Congress upon issuance of the certificate of election. The winner of the regularly 
30.23 	scheduled term for that office at the general election shall take office on the day new 
30.24 	members of Congress take office.
30.25 		Subd. 4.Vacancy 22 or fewer weeks before state primary but before general 
30.26 	election day. (a) If a vacancy occurs from 22 weeks before the state primary to the day 
30.27 	before the general election, no special election will be held. The winner of the general 
30.28 	election for the next full term for that office will serve the remainder of the unexpired term 
30.29 	and is eligible to be seated in Congress immediately upon issuance of a certificate of 
30.30 	election.
30.31 	(b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of 
30.32 	a major political party and was nominated for the general election ballot by that party and 
30.33 	a vacancy occurs from the day of the state primary until the date of the general election, 
30.34 	there is a vacancy in nomination to be resolved pursuant to section 204B.13.
30.35 		Subd. 5.Vacancy on or after election day and before the day new members of 
30.36 	Congress take office. (a) If a vacancy occurs between the day of the general election and 
31.1 	the day new members of Congress take office and the incumbent was not the winner of 
31.2 	the general election, the winner of the general election for the next full term for that 
31.3 	office is eligible to be seated in Congress immediately upon issuance of a certificate of 
31.4 	election or the vacancy, whichever occurs last.
31.5 	(b) If a vacancy occurs on or after election day but before the day new members 
31.6 	of Congress take office and the incumbent was the winner of the general election, the 
31.7 	vacancy must be filled pursuant to subdivision 2.

31.8 	Sec. 57. Minnesota Statutes 2008, section 205.065, subdivision 1, as amended by Laws 
31.9 	2010, chapter 184, section 26, is amended to read:
31.10 		Subdivision 1.Establishing primary. A municipal primary for the purpose of 
31.11 	nominating elective officers may be held in any city on the second Tuesday in August of 
31.12 	any year in which a municipal general election is to be held for the purpose of electing 
31.13 	officers. The date of a municipal primary held in an odd-numbered year may be postponed 
31.14 	for inclement weather as provided in section 205.105.

31.15 	Sec. 58. Minnesota Statutes 2008, section 205.07, subdivision 1, is amended to read:
31.16 		Subdivision 1.Date of election. The municipal general election in each city shall 
31.17 	be held on the first Tuesday after the first Monday in November in every even-numbered 
31.18 	year. Notwithstanding any provision of law to the contrary and subject to the provisions of 
31.19 	this section, the governing body of a city may, by ordinance passed at a regular meeting 
31.20 	held before June 1 of any year, elect to hold the election on the first Tuesday after the first 
31.21 	Monday in November in each odd-numbered year. A city may hold elections in either 
31.22 	the even-numbered year or the odd-numbered year, but not both. When a city changes 
31.23 	its elections from one year to another, and does not provide for the expiration of terms 
31.24 	by ordinance, the term of an incumbent expiring at a time when no municipal election is 
31.25 	held in the months immediately prior to expiration is extended until the date for taking 
31.26 	office following the next scheduled municipal election. If the change results in having 
31.27 	three council members to be elected at a succeeding election, the two individuals receiving 
31.28 	the highest vote shall serve for terms of four years and the individual receiving the 
31.29 	third highest number of votes shall serve for a term of two years. To provide an orderly 
31.30 	transition to the odd or even year election plan, the governing body of the city may adopt 
31.31 	supplementary ordinances regulating initial elections and officers to be chosen at the 
31.32 	elections and shortening or lengthening the terms of incumbents and those elected at the 
31.33 	initial election. The term of office for the mayor may be either two or four years. The 
31.34 	term of office of council members is four years. Whenever the time of the municipal 
32.1 	election is changed, the city clerk immediately shall notify in writing the county auditor 
32.2 	and secretary of state of the change of date. Thereafter the municipal general election shall 
32.3 	be held on the first Tuesday after the first Monday in November in each odd-numbered 
32.4 	or even-numbered year until the ordinance is revoked and notification of the change is 
32.5 	made. A municipal general election scheduled to be held in an odd-numbered year may be 
32.6 	postponed for inclement weather as provided in section 205.105.

32.7 	Sec. 59. Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision 
32.8 	to read:
32.9 		Subd. 1a.City council members; expiration of terms. The terms of all city 
32.10 	council members of charter cities expire on the first Monday in January of the year in 
32.11 	which they expire.

32.12 	Sec. 60. [205.105] POSTPONEMENT OF ELECTION; INCLEMENT 
32.13 	WEATHER.
32.14 		Subdivision 1.Applicability. This section applies to a primary, special, or general 
32.15 	election held in a city that is not held in conjunction with a state or federal election, and to 
32.16 	town elections when postponement of the town election is not subject to section 365.51.
32.17 		Subd. 2.Postponement of election. (a) In the event of severe or inclement weather, 
32.18 	the municipal clerk may postpone an election when the National Weather Service or a 
32.19 	law enforcement agency has issued storm warnings or travel advisories indicating that the 
32.20 	weather conditions would make travel to a polling place difficult or hazardous for voters 
32.21 	and election judges. When one or more jurisdictions are holding elections in conjunction 
32.22 	with one another, the jurisdiction that covers the largest geographic area has the authority, 
32.23 	after consulting with the other auditors and clerks, to make the decision to postpone 
32.24 	all of the elections. A decision to postpone an election must apply to every precinct in 
32.25 	the jurisdiction.
32.26 	(b) A decision to postpone an election must be made no later than 6:00 p.m. on 
32.27 	the day before the election. The clerk must contact the election judges and notify local 
32.28 	media outlets of the postponement. The clerk must also post a notice on the jurisdiction's 
32.29 	Web site, if practicable.
32.30 	(c) A postponed election must be rescheduled for the next following Tuesday after 
32.31 	the election was originally scheduled. The date on which the postponed election will be 
32.32 	held shall be considered the date of the election for purposes of absentee voting under 
32.33 	chapter 203B. An election that is postponed due to weather may be postponed again 
32.34 	if necessary under this section.

33.1 	Sec. 61. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
33.2 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
33.3 	become a candidate for an office to be voted for at the municipal general election shall file 
33.4 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
33.5 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
33.6 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
33.7 	the approval of the county auditor, the town clerk may authorize candidates for township 
33.8 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
33.9 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
33.10 	shall also accept an application signed by not less than five voters and filed on behalf of an 
33.11 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
33.12 	of the application has been made on the candidate and proof of service is endorsed on the 
33.13 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
33.14 	of the candidate on the official ballot without partisan designation. 

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

33.16 	Sec. 62. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
33.17 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
33.18 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
33.19 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
33.20 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
33.21 	days before the first day to file affidavits of candidacy. The notice must separately list 
33.22 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
33.23 	of a term when a special election is being held to fill a vacancy as provided in section 
33.24 	412.02, subdivision 2a.

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

33.26 	Sec. 63. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
33.27 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
33.28 	clerk shall, at least one week two weeks before the election, publish a sample ballot in the 
33.29 	official newspaper of the municipality, except that the governing body of a fourth class 
33.30 	city or a town not located within a metropolitan county as defined in section 473.121
33.31 	may dispense with publication. 

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

34.1 	Sec. 64. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
34.2 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal 
34.3 	clerk shall at least four days two weeks before the election post prepare a sample ballot 
34.4 	for the municipality, make them available for public inspection in the clerk's office for 
34.5 	public inspection, and post a sample ballot in each polling place on election day.

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

34.7 	Sec. 65. Minnesota Statutes 2008, section 205.16, subdivision 4, as amended by Laws 
34.8 	2010, chapter 184, section 29, is amended to read:
34.9 		Subd. 4. Notice to auditor. At least 67 days before every municipal election held in 
34.10 	conjunction with a regularly scheduled primary for federal, state, county, city, or school 
34.11 	board office or a special primary for federal office, at least 74 days before every municipal 
34.12 	election held in connection with a regularly scheduled general election for federal, state, 
34.13 	county, city, or school board office or a special election for federal office, and at least 53 
34.14 	days before any other municipal election, the municipal clerk shall provide a written notice 
34.15 	to the county auditor, including the date of the election, the offices to be voted on at the 
34.16 	election, and the title and language for each ballot question to be voted on at the election. 
34.17 	At least 67 days before every municipal election held in conjunction with a regularly 
34.18 	scheduled primary for federal, state, county, city, or school board office or a special 
34.19 	primary for federal office, at least 74 days before a regularly scheduled general election for 
34.20 	federal, state, county, city, or school board office or a special election for federal office, and 
34.21 	at least 46 days before any other election, the municipal clerk must provide written notice 
34.22 	to the county auditor of any special election canceled under section 205.10, subdivision 6. 

34.23 	Sec. 66. Minnesota Statutes 2008, section 205.16, subdivision 5, as amended by Laws 
34.24 	2010, chapter 184, section 30, is amended to read:
34.25 		Subd. 5.Notice to secretary of state. At least 67 days before every municipal 
34.26 	election held in conjunction with a regularly scheduled primary for federal, state, county, 
34.27 	city, or school board office or a special primary for federal office, at least 74 days before 
34.28 	every municipal election held in conjunction with a regularly scheduled general election 
34.29 	for federal, state, county, city, or school board office or a special election for federal office, 
34.30 	and at least 46 days before any other municipal election for which a notice is provided 
34.31 	to the county auditor under subdivision 4, the county auditor shall provide a notice of 
34.32 	the election to the secretary of state, in a manner and including information prescribed 
34.33 	by the secretary of state.

35.1 	Sec. 67. Minnesota Statutes 2008, section 205A.03, subdivision 2, as amended by 
35.2 	Laws 2010, chapter 184, section 32, is amended to read:
35.3 		Subd. 2.Date. The school district primary must be held on the second Tuesday in 
35.4 	August in the year when the school district general election is held. The clerk shall give 
35.5 	notice of the primary in the manner provided in section 205A.07. The date of a school 
35.6 	district primary held in an odd-numbered year may be postponed for inclement weather 
35.7 	as provided in section 205A.055.

35.8 	Sec. 68. Minnesota Statutes 2008, section 205A.04, subdivision 1, is amended to read:
35.9 		Subdivision 1.School district general election. The general election in each school 
35.10 	district must be held on the first Tuesday after the first Monday in November of either the 
35.11 	odd-numbered or the even-numbered year. A general election held in an odd-numbered 
35.12 	year may be postponed for inclement weather as provided in section 205A.055.

35.13 	Sec. 69. [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
35.14 	The terms of all school board members expire on the first Monday in January of the 
35.15 	year in which they expire.

35.16 	Sec. 70. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
35.17 		Subdivision 1.Questions. Special elections must be held for a school district on a 
35.18 	question on which the voters are authorized by law to pass judgment. The school board 
35.19 	may on its own motion call a special election to vote on any matter requiring approval of 
35.20 	the voters of a district. Upon petition filed with the school board of 50 or more voters of 
35.21 	the school district or five percent of the number of voters voting at the preceding school 
35.22 	district general election, whichever is greater, the school board shall by resolution call 
35.23 	a special election to vote on any matter requiring approval of the voters of a district. 
35.24 	A question is carried only with the majority in its favor required by law. The election 
35.25 	officials for a special election are the same as for the most recent school district general 
35.26 	election unless changed according to law. Otherwise, special elections must be conducted 
35.27 	and the returns made in the manner provided for the school district general election. A 
35.28 	special election may not be held during the 30 days before and the 30 days after the state 
35.29 	primary, during the 30 days before and the 40 days after the state general election. In 
35.30 	addition, a special election may not be held during the 20 days before and the 20 days 
35.31 	after any regularly scheduled election of a municipality wholly or partially within the 
35.32 	school district. Notwithstanding any other law to the contrary, the time period in which a 
36.1 	special election must be conducted under any other law may be extended by the school 
36.2 	board to conform with the requirements of this subdivision.

36.3 	Sec. 71. [205A.055] POSTPONEMENT OF ELECTION; INCLEMENT 
36.4 	WEATHER.
36.5 		Subdivision 1.Applicability. This section applies to a primary, special, or general 
36.6 	election held in a school district that is not held in conjunction with a state or federal 
36.7 	election.
36.8 		Subd. 2.Postponement of election. (a) In the event of severe or inclement weather, 
36.9 	the school district clerk may postpone an election when the National Weather Service 
36.10 	or a law enforcement agency has issued storm warnings or travel advisories indicating 
36.11 	that the weather conditions would make travel to a polling place difficult or hazardous 
36.12 	for voters and election judges. When one or more jurisdictions are holding elections in 
36.13 	conjunction with one another, the jurisdiction that covers the largest geographic area has 
36.14 	the authority, after consulting with the other auditors and clerks, to make the decision to 
36.15 	postpone all of the elections. A decision to postpone an election must apply to every 
36.16 	precinct in the jurisdiction.
36.17 	(b) A decision to postpone an election must be made no later than 6:00 p.m. on 
36.18 	the day before the election. The clerk must contact the election judges and notify local 
36.19 	media outlets of the postponement. The clerk must also post a notice on the jurisdiction's 
36.20 	Web site, if practicable.
36.21 	(c) A postponed election must be rescheduled for the next following Tuesday after 
36.22 	the election was originally scheduled. The date on which the postponed election will be 
36.23 	held shall be considered the date of the election for purposes of absentee voting under 
36.24 	chapter 203B. An election that is postponed due to weather may be postponed again 
36.25 	if necessary under this section.

36.26 	Sec. 72. Minnesota Statutes 2008, section 205A.07, subdivision 3, as amended by 
36.27 	Laws 2010, chapter 184, section 35, is amended to read:
36.28 		Subd. 3. Notice to auditor. At least 67 days before every school district election 
36.29 	held in conjunction with a regularly scheduled primary for federal, state, county, city, or 
36.30 	school board office or a special primary for federal office, at least 74 days before every 
36.31 	school district election held in conjunction with a regularly scheduled general election for 
36.32 	federal, state, county, city, or school board office or a special election for federal office, 
36.33 	and at least 53 days before any other school district election, the school district clerk shall 
36.34 	provide a written notice to the county auditor of each county in which the school district is 
37.1 	located. The notice must include the date of the election, the offices to be voted on at the 
37.2 	election, and the title and language for each ballot question to be voted on at the election. 
37.3 	For the purposes of meeting the timelines of this section, in a bond election, a notice, 
37.4 	including a proposed question, may be provided to the county auditor before receipt of a 
37.5 	review and comment from the commissioner of education and before actual initiation of 
37.6 	the election. Not less thanAt least 67 days before every school district election held in 
37.7 	conjunction with a regularly scheduled primary for federal, state, county, city, or school 
37.8 	board office or a special primary for federal office, at least 74 days before an election held 
37.9 	in conjunction with a regularly scheduled general election for federal, state, county, city, 
37.10 	or school board office or a special election for federal office, or and at least 46 days before 
37.11 	any other election, the school district clerk must provide written notice to the county 
37.12 	auditor of any special election canceled under section 205A.05, subdivision 3. 

37.13 	Sec. 73. Minnesota Statutes 2008, section 205A.07, subdivision 3a, as amended by 
37.14 	Laws 2010, chapter 184, section 36, is amended to read:
37.15 		Subd. 3a. Notice to commissioner of education. At least 67 days before every 
37.16 	school district election held in conjunction with a regularly scheduled primary for federal, 
37.17 	state, county, city, or school board office or a special primary for federal office, at least 74 
37.18 	days before every school district election held in conjunction with a regularly scheduled 
37.19 	general election for federal, state, county, city, or school board office or a special election 
37.20 	for federal office, and at least 49 days before any other school district election, under 
37.21 	section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall 
37.22 	provide a written notice to the commissioner of education. The notice must include the 
37.23 	date of the election and the title and language for each ballot question to be voted on at 
37.24 	the election. Not less thanAt least 67 days before every school district election held in 
37.25 	conjunction with a regularly scheduled primary for federal, state, county, city, or school 
37.26 	board office or a special primary for federal office, at least 74 days before every school 
37.27 	district election held in conjunction with a regularly scheduled general election for federal, 
37.28 	state, county, city, or school board office or a special election for federal office, and at least 
37.29 	46 days before any other school district election, the school district clerk must provide a 
37.30 	written notice to the commissioner of education of any special election canceled under 
37.31 	section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be 
37.32 	provided in a written notice to the commissioner in a timely manner. 

37.33 	Sec. 74. Minnesota Statutes 2008, section 205A.07, subdivision 3b, as amended by 
37.34 	Laws 2010, chapter 184, section 37, is amended to read:
38.1 		Subd. 3b.Notice to secretary of state. At least 67 days before every school 
38.2 	district election held in conjunction with a regularly scheduled primary for federal, state, 
38.3 	county, city, or school board office or a special primary for federal office, at least 74 
38.4 	days before every school district election held in conjunction with a regularly scheduled 
38.5 	general election for federal, state, county, city, or school board office or a special election 
38.6 	for federal office, and at least 46 days before any other school district election for which 
38.7 	a notice is provided to the county auditor under subdivision 3, the county auditor shall 
38.8 	provide a notice of the election to the secretary of state, in a manner and including 
38.9 	information prescribed by the secretary of state.

38.10 	Sec. 75. Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:
38.11 		Subd. 3.Procedure. The designation of a polling place pursuant to this section 
38.12 	remains effective until a different polling place is designated. No designation of a new or 
38.13 	different polling place becomes effective less than 90 days prior to an election, except 
38.14 	that a new polling place may be designated to replace a polling place that has become 
38.15 	unavailable for use. The school board must notify the county auditor within 30 days after 
38.16 	the establishment of a polling place as provided in this section. The notice must include a 
38.17 	list of the precincts that will be voting at each polling place. The school board must send 
38.18 	the notice required by section 204B.16, subdivision 1a, after a polling place is established 
38.19 	as provided in this section, but no additional notices of this kind are required for any 
38.20 	subsequent similar elections until the location of the polling place or the combination 
38.21 	of precincts voting at the polling place is changed. The secretary of state shall provide 
38.22 	a single polling place roster for use in any polling place established as provided in this 
38.23 	section. A single set of election judges must be appointed to serve in the polling place. 
38.24 	The number of election judges required must be based on the total number of persons 
38.25 	voting at the last similar election in all the precincts to be voting at the single polling 
38.26 	place. A single ballot box may be provided for all the ballots. 

38.27 	Sec. 76. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
38.28 		Subd. 6.Required certification. In addition to the requirements in subdivision 
38.29 	1, a voting system must be certified by an independent testing authority approved
38.30 	accredited by the secretary of state and conform to current standards for voting equipment
38.31 	Election Assistance Commission at the time of submission of the application required by 
38.32 	subdivision 1 to be in conformity with voluntary voting system guidelines issued by 
38.33 	the Federal Election Commission or its successor, the Election Assistance Commission. 
38.34 	The application must be accompanied by the certification report of the voting systems 
39.1 	test laboratory. A certification under this section from an independent testing authority 
39.2 	accredited by the Election Assistance Commission meets the requirement of Minnesota 
39.3 	Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the 
39.4 	voting system to the secretary of state. A chair of a major political party or the secretary of 
39.5 	state may select, in consultation with the vendor, an independent third-party evaluator to 
39.6 	examine the source code to ensure that it functions as represented by the vendor and that 
39.7 	the code is free from defects. A major political party that elects to have the source code 
39.8 	examined must pay for the examination. Except as provided by this subdivision, a source 
39.9 	code that is trade secret information must be treated as nonpublic information, according 
39.10 	to section 13.37. A third-party evaluator must not disclose the source code to anyone else.

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

39.12 	Sec. 77. Minnesota Statutes 2008, section 208.03, is amended to read:
39.13 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
39.14 	Presidential electors for the major political parties of this state shall be nominated by 
39.15 	delegate conventions called and held under the supervision of the respective state central 
39.16 	committees of the parties of this state. On or before primary election day the chair of 
39.17 	the major political party shall certify to the secretary of state the names of the persons 
39.18 	nominated as presidential electors, the names of eight alternate presidential electors, and 
39.19 	the names of the party candidates for president and vice president. The chair shall also 
39.20 	certify that the party candidates for president and vice president have no affidavit on file as 
39.21 	a candidate for any office in this state at the ensuing general election.

39.22 	Sec. 78. Minnesota Statutes 2008, section 365.51, subdivision 1, is amended to read:
39.23 		Subdivision 1.When; postponement for bad weather. (a) A town's annual town 
39.24 	meeting must be held on the second Tuesday of March at the place named by the last 
39.25 	annual town meeting. If no place was named then, the meeting must be held at the place 
39.26 	named by the town board. The place may be outside the town if the place is within five 
39.27 	miles of a town boundary. If there is bad weather, on the day of the meeting and election in 
39.28 	March, the town board shall set the National Weather Service or a law enforcement agency 
39.29 	has issued storm warnings or travel advisories such that the clerk determines travel to a 
39.30 	polling place would be difficult or hazardous for voters and election judges, the clerk may 
39.31 	postpone the election and meeting. If the meeting and election are postponed, the meeting 
39.32 	and election for shall be held on the third Tuesday in March. If there is bad weather on the 
39.33 	third Tuesday in March, Prior to providing notice of the election and meeting, the town 
40.1 	board shall by resolution set another date for the meeting and election within 30 days of 
40.2 	the third Tuesday in March on which the meeting and election shall be held if bad weather 
40.3 	forces postponement of the meeting and election on the third Tuesday in March. The 
40.4 	decision to postpone the meeting and election must be made no later than three hours 
40.5 	before the opening of the polling place or the convening of the meeting, whichever comes 
40.6 	first. The clerk shall notify the election judges and local media offices of the decision to 
40.7 	postpone the meeting and election. If the meeting and election are postponed, the notice 
40.8 	requirements in subdivision 2 shall apply to the postponed meeting and election.
40.9 	The balloting of the town election must be concluded on the same day the election 
40.10 	is commenced.
40.11 	(b) If any other political subdivision is conducting an election in conjunction with 
40.12 	the township election, postponement of the election shall be subject to section 205.105, 
40.13 	205A.055, or 373.50. If an election is postponed under section 205.105, 205A.055, or 
40.14 	373.50, the town meeting shall also be postponed as if postponed under this section.

40.15 	Sec. 79. [373.50] POSTPONEMENT OF ELECTION; INCLEMENT WEATHER.
40.16 		Subdivision 1.Applicability. This section applies to a primary, special, or general 
40.17 	election held in a county that is not held in conjunction with a state or federal election.
40.18 		Subd. 2.Postponement of election. (a) In the event of severe or inclement 
40.19 	weather, the county auditor may postpone an election when the National Weather Service 
40.20 	or a law enforcement agency has issued storm warnings or travel advisories indicating 
40.21 	that the weather conditions would make travel to a polling place difficult or hazardous 
40.22 	for voters and election judges. When one or more jurisdictions are holding elections in 
40.23 	conjunction with one another, the jurisdiction that covers the largest geographic area has 
40.24 	the authority, after consulting with the other auditors and clerks, to make the decision to 
40.25 	postpone all of the elections. A decision to postpone an election must apply to every 
40.26 	precinct in the jurisdiction.
40.27 	(b) A decision to postpone an election must be made no later than 6:00 p.m. on the 
40.28 	day before the election. The auditor must contact the election judges and notify local 
40.29 	media outlets of the postponement. The auditor must also post a notice on the jurisdiction's 
40.30 	Web site, if practicable.
40.31 	(c) A postponed election must be rescheduled for the next following Tuesday after 
40.32 	the election was originally scheduled. The date on which the postponed election will be 
40.33 	held shall be considered the date of the election for purposes of absentee voting under 
40.34 	chapter 203B. An election that is postponed due to weather may be postponed again 
40.35 	if necessary under this section.

41.1 	Sec. 80. Minnesota Statutes 2008, section 375.101, subdivision 1, is amended to read:
41.2 		Subdivision 1.Option for filling vacancies; special election in 30 to 90 days. (a) 
41.3 	Except as provided in subdivision 3, a vacancy in the office of county commissioner may 
41.4 	be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. 
41.5 	If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled 
41.6 	at a special election not less than 30 nor more than 90 days after the vacancy occurs. 
41.7 	The special primary or special election may be held on the same day as a regular primary 
41.8 	or regular election but the special election shall be held not less than 14 days after the 
41.9 	special primary.The county board may by resolution call for a special election to be held 
41.10 	according to the earliest of the following time schedules:
41.11 	(1) not less than 120 days following the date the vacancy is declared, but no later 
41.12 	than 12 weeks prior to the date of the next regularly scheduled primary election;
41.13 	(2) concurrently with the next regularly scheduled primary election and general 
41.14 	election; or
41.15 	(3) no sooner than 120 days following the next regularly scheduled general election.
41.16 	(b) The person elected at the special election shall take office immediately after 
41.17 	receipt of the certificate of election and upon filing the bond and taking the oath of office 
41.18 	and shall serve the remainder of the unexpired term. If the county has been reapportioned 
41.19 	since the commencement of the term of the vacant office, the election shall be based 
41.20 	on the district as reapportioned.

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

41.22 	Sec. 81. Minnesota Statutes 2008, section 375.101, subdivision 2, is amended to read:
41.23 		Subd. 2.When victor seated immediately. If a vacancy for which a special 
41.24 	election is required occurs less than 60 120 days before the general election preceding the 
41.25 	end of the term, the vacancy shall be filled by the person elected at that election for the 
41.26 	ensuing term who shall take office immediately after receiving the certificate of election, 
41.27 	filing the bond and taking the oath of office.

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

41.29 	Sec. 82.  REPEALER.
 41.30 	Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10, 
41.31 	subdivision 2; 206.57, subdivision 7; 206.805, subdivision 2; and 206.91, are repealed.