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; 201.12; 201.121, subdivision 3; 201.13; 201.14; 201.15, subdivisions 1, 2; 
1.5 	201.155; 203B.02, subdivision 3; 203B.04, subdivision 1; 203B.06, subdivision 
1.6 	5; 203B.16, subdivision 2; 203B.19; 204B.04, subdivision 2; 204B.135, 
1.7 	subdivision 4; 204B.14, by adding a subdivision; 204B.18, subdivision 1; 
1.8 	204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, by 
1.9 	adding a subdivision; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06, 
1.10 	subdivision 1; 204C.08; 204C.09, subdivision 1; 204C.12, subdivision 2; 
1.11 	204C.13, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivisions 1, 2; 
1.12 	204C.33, subdivision 1; 204C.35, subdivisions 2, 3; 204C.36, subdivisions 3, 4; 
1.13 	204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision 
1.14 	1; 204D.20, subdivision 1; 205.07, by adding a subdivision; 205.13, subdivisions 
1.15 	1, 2; 205.16, subdivisions 2, 3; 205A.05, subdivision 1; 205A.11, subdivision 
1.16 	3; 208.03; proposing coding for new law in Minnesota Statutes, chapters 201; 
1.17 	205A; repealing Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 
1.18 	204D.10, subdivision 2; 206.57, subdivision 7; 206.91.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

2.30 	Sec. 3. Minnesota Statutes 2008, section 201.12, is amended to read:
2.31 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
2.32 	CHALLENGES. 
2.33 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
2.34 	excess names, the county auditor may mail to any registered voter a notice stating the 
3.1 	voter's name and address as they appear in the registration files. The notice shall request 
3.2 	the voter to notify the county auditor if there is any mistake in the information. 
3.3 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
3.4 	official is returned as undeliverable but with a permanent forwarding address in this state, 
3.5 	the county auditor may change the voter's status to "inactive" in the statewide registration 
3.6 	system and shall notify transmit a copy of the mailing to the auditor of the county in which 
3.7 	the new address is located. Upon receipt of the notice, If an election is scheduled to 
3.8 	occur in the precinct in which the voter resides in the next 47 days, the county auditor 
3.9 	shall promptly update the voter's address in the statewide voter registration system and. 
3.10 	If there is not an election scheduled, the auditor may wait to update the voter's address 
3.11 	until after the next list of address changes is received from the secretary of state. Once 
3.12 	updated, the county auditor shall mail to the voter a notice stating the voter's name, 
3.13 	address, precinct, and polling place, except that if the voter's record is challenged due to a 
3.14 	felony conviction, noncitizenship, name change, incompetence, or a court's revocation of 
3.15 	voting rights of individuals under guardianship, the auditor must not mail the notice. The 
3.16 	notice must advise the voter that the voter's voting address has been changed and that the 
3.17 	voter must notify the county auditor within 21 days if the new address is not the voter's 
3.18 	address of residence. The notice must state that it must be returned if it is not deliverable 
3.19 	to the voter at the named address. 
3.20 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
3.21 	official is returned as undeliverable but with a permanent forwarding address outside this 
3.22 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
3.23 	advising the voter that the voter's status in the statewide voter registration system will be 
3.24 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
3.25 	voter is retaining the former address as the voter's address of residence. If the notice is not 
3.26 	received by the deadline, the county auditor shall change the voter's status to "inactive" 
3.27 	in the statewide voter registration system. 
3.28 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
3.29 	is returned as undeliverable but with no forwarding address, the county auditor shall 
3.30 	change the registrant's status to "challenged" in the statewide voter registration system. 
3.31 	An individual challenged in accordance with this subdivision shall comply with the 
3.32 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
3.33 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
3.34 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
3.35 	voter registration system. 

4.1 	EFFECTIVE DATE. This section is effective upon certification by the secretary 
4.2 	of state that the statewide voter registration system has been tested and is capable of 
4.3 	performing the functions required by this section.

4.4 	Sec. 4. Minnesota Statutes 2008, section 201.121, subdivision 3, is amended to read:
4.5 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
4.6 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
4.7 	individuals registered on election day. The random sampling shall be determined in 
4.8 	accordance with the rules of the secretary of state. As soon as practicable after the 
4.9 	election, the county auditor shall mail the notice required by subdivision 2 to all other 
4.10 	individuals registered on election day. If a notice is returned as not deliverable, the county 
4.11 	auditor shall attempt to determine the reason for the return. A county auditor who does not 
4.12 	receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately 
4.13 	notify the county attorney of all of the relevant information and the secretary of state of 
4.14 	the numbers by precinct. By March 1 of every odd-numbered year, the secretary of state 
4.15 	shall report to the chair and ranking minority members of the legislative committees with 
4.16 	jurisdiction over elections the number of notices reported under this subdivision to the 
4.17 	secretary of state for the previous state general election by county and precinct.

4.18 	Sec. 5. Minnesota Statutes 2008, section 201.13, is amended to read:
4.19 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
4.20 	RECORDS.
4.21 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
4.22 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
4.23 	shall report monthly by electronic means to the secretary of state the name, address, date 
4.24 	of birth, and county of residence of each individual 18 years of age or older who has died 
4.25 	while maintaining residence in Minnesota since the last previous report. The secretary of 
4.26 	state shall determine if any of the persons listed in the report are registered to vote and 
4.27 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
4.28 	receiving the list from the secretary of state, the county auditor shall change the status of 
4.29 	those registrants to "deceased" in the statewide voter registration system.
4.30 		Subd. 1a.Social Security Administration; reports of deceased residents. The 
4.31 	secretary of state shall determine if any of the persons listed on the Social Security 
4.32 	Death Index are registered to vote and prepare a list of those registrants for each county 
4.33 	auditor. The county auditor shall change the status of those registrants to "deceased" 
4.34 	in the statewide voter registration system.
5.1 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
5.2 	died outside the county, the county auditor shall change the voter's status to "deceased." 
5.3 	Notice must be in the form of a printed obituary or a written statement signed by a 
5.4 	registered Minnesota voter of the county.
5.5 		Subd. 3. Use of change of address system. (a) At least once each month the 
5.6 	secretary of state shall obtain a list of individuals registered to vote in this state who 
5.7 	have filed with the United States Postal Service a change of their permanent address. 
5.8 	However, the secretary of state shall not load data derived from this list into the statewide 
5.9 	voter registration system within the 47 days before the state primary or 47 days before a 
5.10 	November general election.
5.11 	(b) If the address is changed to another address in this state, the secretary of state 
5.12 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
5.13 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
5.14 	information about the changed address by electronic means to the county auditor of the 
5.15 	county in which the new address is located. If the voter has not voted or submitted a 
5.16 	voter registration application since the address change, upon receipt of the information, 
5.17 	the county auditor shall update the voter's address in the statewide voter registration 
5.18 	system and. The county auditor shall mail to the voter a notice stating the voter's name, 
5.19 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
5.20 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
5.21 	rights of individuals under guardianship, in which case the auditor must not mail the 
5.22 	notice. The notice must advise the voter that the voter's voting address has been changed 
5.23 	and that the voter must notify the county auditor within 21 days if the new address is not 
5.24 	the voter's address of residence. The notice must state that it must be returned if it is not 
5.25 	deliverable to the voter at the named address. 
5.26 	(b) (c) If the change of permanent address is to an address outside this state, the 
5.27 	secretary of state shall notify by electronic means the auditor of the county where the 
5.28 	voter formerly resided that the voter has moved to another state. If the voter has not voted 
5.29 	or submitted a voter registration application since the address change, the county auditor 
5.30 	shall promptly mail to the voter at the voter's new address a notice advising the voter that 
5.31 	the voter's status in the statewide voter registration system will be changed to "inactive" 
5.32 	unless the voter notifies the county auditor within 21 days that the voter is retaining the 
5.33 	former address as the voter's address of residence, except that if the voter's record is 
5.34 	challenged due to a felony conviction, noncitizenship, name change, incompetence, or 
5.35 	a court's revocation of voting rights of individuals under guardianship,  the auditor must 
6.1 	not mail the notice. If the notice is not received by the deadline, the county auditor shall 
6.2 	change the voter's status to "inactive" in the statewide voter registration system. 
6.3 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
6.4 	for removal of the voter's record, the county auditor shall remove the record of the voter 
6.5 	from the statewide voter registration system.

6.6 	EFFECTIVE DATE. Subdivision 1a is effective the day following final enactment. 
6.7 	The remainder of this section is effective upon certification by the secretary of state that 
6.8 	the statewide voter registration system has been tested and is capable of performing the 
6.9 	functions required by this section.

6.10 	Sec. 6. Minnesota Statutes 2008, section 201.14, is amended to read:
6.11 	201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT 
6.12 	CHANGES OF NAMES.
6.13 	The state court administrator of district court in each county shall regularly report 
6.14 	monthly by electronic means to the county auditor secretary of state the name and,  address, 
6.15 	and, if available, driver's license or state identification card number of each individual, 
6.16 	18 years of age or over, who maintains residence in that county and whose name was 
6.17 	changed during the month preceding the date of the report, by marriage, divorce or any 
6.18 	order or decree of the court. The secretary of state shall determine if any of the persons in 
6.19 	the report are registered to vote under their previous name and shall prepare a list of those 
6.20 	registrants for each county auditor. Upon receipt of the report list, the county auditor shall 
6.21 	notify by mail each registered voter whose name was changed that it will be necessary to 
6.22 	reregister under the changed name in order to vote make the change in the voter's record 
6.23 	and mail to the voter the notice of registration required by section 201.121, subdivision 2.

6.24 	EFFECTIVE DATE. This section is effective upon certification by the secretary 
6.25 	of state that the statewide voter registration system has been tested and is capable of 
6.26 	performing the functions required by this section.

6.27 	Sec. 7. Minnesota Statutes 2008, section 201.15, subdivision 1, is amended to read:
6.28 		Subdivision 1.Guardianships and incompetents. Pursuant to the Help America 
6.29 	Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly 
6.30 	by electronic means to the secretary of state the name, address, and date of birth, and, if 
6.31 	available, driver's license or state identification card number of each individual 18 years of 
6.32 	age or over, who during the month preceding the date of the report:
7.1 	(a) (1) was placed under a guardianship in which the court order revokes the ward's 
7.2 	right to vote; or
7.3 	(b) (2) was adjudged legally incompetent.
7.4 	The court administrator shall also report the same information for each individual 
7.5 	transferred to the jurisdiction of the court who meets a condition specified in clause (a)
7.6 	(1) or (b) (2). The secretary of state shall determine if any of the persons in the report is 
7.7 	registered to vote and shall prepare a list of those registrants for the county auditor. The 
7.8 	county auditor shall change the status on the record in the statewide registration system 
7.9 	of any individual named in the report to indicate that the individual is not eligible to 
7.10 	reregister or vote.

7.11 	Sec. 8. Minnesota Statutes 2008, section 201.15, subdivision 2, is amended to read:
7.12 		Subd. 2.Guardianship termination or modification. Pursuant to the Help 
7.13 	America Vote Act of 2002, Public Law 107-252, the state court administrator shall report 
7.14 	monthly by electronic means to the secretary of state the name, address, and date of birth, 
7.15 	and, if available, driver's license or state identification card number of each individual 
7.16 	whose guardianship was modified to restore the ward's right to vote or whose guardianship 
7.17 	was terminated by order of the court under section 524.5-317 after being ineligible to vote 
7.18 	for any of the reasons specified in subdivision 1. The secretary of state shall determine 
7.19 	if any of the persons in the report is registered to vote and shall prepare a list of those 
7.20 	registrants for the county auditor. The county auditor shall change the status on the voter's 
7.21 	record in the statewide registration system to "active."

7.22 	Sec. 9. Minnesota Statutes 2008, section 201.155, is amended to read:
7.23 	201.155 REPORT ON FELONY CONVICTIONS.
7.24 	Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court 
7.25 	administrator shall report monthly by electronic means to the secretary of state the name, 
7.26 	address, date of birth, and, if available, driver's license or state identification card number, 
7.27 	date of sentence, effective date of the sentence, and county in which the conviction 
7.28 	occurred of each person who has been convicted of a felony. The state court administrator 
7.29 	shall also report the name, address, and date of birth of each person previously convicted 
7.30 	of a felony whose civil rights have been restored. The secretary of state shall determine 
7.31 	if any of the persons in the report is registered to vote and shall prepare a list of those 
7.32 	registrants for each county auditor. The county auditor shall change the status of those 
7.33 	registrants in the appropriate manner in the statewide registration system.

8.1 	Sec. 10. [201.157] USE OF DEPARTMENT OF CORRECTIONS DATA.
8.2 	As required by the Help America Vote Act of 2002, Public Law 107-252, the 
8.3 	commissioner of corrections shall make electronic data available to the secretary of state 
8.4 	on individuals 18 years old or older who are currently serving felony sentences under the 
8.5 	commissioner's jurisdiction. The data must include the name, date of birth, corrections' 
8.6 	state identification number, and if available, the driver's license or state identification card 
8.7 	number, and, if an individual has completed the sentence, the date of discharge.
8.8 	The secretary of state must determine if any data newly indicates that:
8.9 	(1) an individual with an active voter registration in the statewide registration 
8.10 	system is currently serving a felony sentence under the commissioner's jurisdiction and 
8.11 	the individual's voter record does not already have a challenged status due to a felony 
8.12 	conviction;
8.13 	(2) an individual with an active voter registration in the statewide registration 
8.14 	system who is currently serving a felony sentence under the commissioner's jurisdiction 
8.15 	appears to have registered or to have voted during a period when the individual's civil 
8.16 	rights were revoked; and
8.17 	(3) an individual with a voter record that has a challenged status due to a felony 
8.18 	conviction who was serving a felony sentence under the commissioner's jurisdiction has 
8.19 	been discharged from a sentence.
8.20 	The secretary of state shall prepare a list of the registrants included under clause (1), 
8.21 	(2), or (3), for each county auditor. For individuals under clause (1), the county auditor 
8.22 	shall challenge the individual's record in the statewide registration system. The county 
8.23 	auditor must provide information to the county attorney about individuals under clause 
8.24 	(2) for the county attorney's investigation. For individuals under clause (3), the county 
8.25 	auditor must determine if the challenge status should be removed from the voter record 
8.26 	for the individual, and if so, must remove the challenge.
8.27 	After the commissioner of corrections has certified that the corrections' computer 
8.28 	system has been tested and is capable of electronically transmitting the data to the 
8.29 	statewide voter registration system, and the secretary of state has certified that the 
8.30 	statewide voter registration system has been tested and is capable of performing 
8.31 	the functions required by this section, the secretary of state must make the required 
8.32 	determinations and provide the required lists to the county auditors at least monthly.
8.33 	For each state general election that occurs prior to the certification, the secretary of 
8.34 	state must make the determination and provide lists to the county auditors between 30 and 
8.35 	60 days before the election and again between six and ten weeks after the election. In the 
9.1 	year following that state election, the secretary of state must make this determination and 
9.2 	provide lists to the county auditors again as part of the annual list maintenance.

9.3 	Sec. 11. [201.158] USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
9.4 	As required by the Help America Vote Act of 2002, Public Law 107-252, the 
9.5 	commissioner of public safety shall make electronic data on citizenship available to the 
9.6 	secretary of state. The secretary of state must determine whether the data newly indicates 
9.7 	that any individuals who have active records in the statewide voter registration system 
9.8 	are not citizens. The secretary of state shall prepare a list of those voters for each county 
9.9 	auditor. The county auditor shall change the status of those registrants in the statewide 
9.10 	registration system to reflect that they are challenged based upon their citizenship and 
9.11 	must notify the county attorney.
9.12 	In 2010, the secretary of state must make the determination and provide lists 
9.13 	to the county auditors between 30 and 60 days before the general election and again 
9.14 	between six and ten weeks after the election.  In 2011, the secretary of state must make 
9.15 	this determination again as part of the annual list maintenance.  By August 1, 2012, the 
9.16 	secretary of state must certify that the statewide voter registration system has been tested 
9.17 	and is capable of performing the functions required by this section. Thereafter, the 
9.18 	secretary of state must provide electronic lists to the counties at least monthly.

9.19 	Sec. 12. Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:
9.20 		Subd. 3.Permanent Indefinite residence abroad. A United States citizen living 
9.21 	permanently indefinitely outside the United States who is eligible under federal law to 
9.22 	vote in federal elections in Minnesota may vote by absentee ballot only as provided in 
9.23 	sections 203B.16 to 203B.27.  

9.24 	Sec. 13. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
9.25 		Subdivision 1. Application procedures. Except as otherwise allowed by 
9.26 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
9.27 	for any election may be submitted at any time not less than one day before the day of 
9.28 	that election. The county auditor shall prepare absentee ballot application forms in the 
9.29 	format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
9.30 	and shall furnish them to any person on request. By January 1 of each even-numbered 
9.31 	year, the secretary of state shall make the forms to be used available to auditors through 
9.32 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
9.33 	and shall be submitted to:
10.1 	(a)(1) the county auditor of the county where the applicant maintains residence; or 
10.2 	(b)(2) the municipal clerk of the municipality, or school district if applicable, where 
10.3 	the applicant maintains residence. 
10.4 	An application shall be approved if it is timely received, signed and dated by the 
10.5 	applicant, contains the applicant's name and residence and mailing addresses, and states 
10.6 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
10.7 	section 203B.02. The application may contain a request for the voter's date of birth, which 
10.8 	must not be made available for public inspection. An application may be submitted to 
10.9 	the county auditor or municipal clerk by an electronic facsimile device. An application 
10.10 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
10.11 	by a person other than the voter must be deposited in the mail or returned in person to 
10.12 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
10.13 	and no later than six days before the election. The absentee ballot applications or a list of 
10.14 	persons applying for an absentee ballot may not be made available for public inspection 
10.15 	until the close of voting on election day. 
10.16 	An application under this subdivision may contain an application under subdivision 
10.17 	5 to automatically receive an absentee ballot application. 

10.18 	Sec. 14. Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:
10.19 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
10.20 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
10.21 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
10.22 	preserved by the county auditor or municipal clerk and arranged according to precincts 
10.23 	and the initial letter of the applicant's surname for 22 months.

10.24 	Sec. 15. Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:
10.25 		Subd. 2.Permanent Indefinite residence outside United States. Sections 203B.16
10.26 	to 203B.27 provide the exclusive voting procedure for United States citizens who are 
10.27 	living permanently indefinitely outside the territorial limits of the United States who meet 
10.28 	all the qualifications of an eligible voter except residence in Minnesota, but who are 
10.29 	authorized by federal law to vote in Minnesota because they maintained residence in 
10.30 	Minnesota for at least 20 days immediately prior to their departure from the United States. 
10.31 	Individuals described in this subdivision shall be permitted to vote only for the offices of 
10.32 	president, vice-president, senator in Congress, and representative in Congress.

11.1 	Sec. 16. Minnesota Statutes 2008, section 203B.19, is amended to read:
11.2 	203B.19 RECORDING APPLICATIONS. 
11.3 	Upon accepting an application, the county auditor shall record in the statewide 
11.4 	registration system the voter's name, address of present or former residence in Minnesota, 
11.5 	mailing address, school district number, passport number, Minnesota driver's license 
11.6 	number or state identification card number, or the last four digits of the voter's Social 
11.7 	Security number, and whether the voter is in the military or the spouse or dependent of an 
11.8 	individual serving in the military, is a voter temporarily outside the territorial limits of the 
11.9 	United States, or is living permanently outside the territorial limits of the United States 
11.10 	and voting under federal law. The county auditor shall retain the record for six years. A 
11.11 	voter whose name is recorded as provided in this section shall not be required to register 
11.12 	under any other provision of law in order to vote under sections 203B.16 to 203B.27. 
11.13 	Persons from whom applications are not accepted must be notified by the county auditor 
11.14 	and provided with the reasons for the rejection. 
11.15 	No later than 60 days after the general election, the county auditor shall report to the 
11.16 	secretary of state the combined number of absentee ballots transmitted to absent voters 
11.17 	described in section 203B.16. No later than 60 days after the general election, the county 
11.18 	auditor shall report to the secretary of state and the combined number of absentee ballots 
11.19 	returned and cast by absent voters described in section 203B.16. The secretary of state 
11.20 	may require the information be reported by category under section 203B.16 or by precinct. 
11.21 	No later than 90 days after the general election, the secretary of state shall report to 
11.22 	the federal Election Assistance Commission the number of absentee ballots transmitted 
11.23 	to voters under section 203B.16. 

11.24 	Sec. 17. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
11.25 		Subd. 2.Candidates seeking nomination by primary. No individual who 
11.26 	seeks nomination for any partisan or nonpartisan office at a primary shall be nominated 
11.27 	for the same office by nominating petition, except as otherwise provided for partisan 
11.28 	offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13, 
11.29 	subdivision 4.  

11.30 	Sec. 18. Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:
11.31 		Subd. 4.Special elections; limitations. No municipality or school district may 
11.32 	conduct a special election during the 19 weeks before the state primary election in the year 
11.33 	ending in two, except for special elections conducted on the date of the school district 
11.34 	general election. A school district special election required by any other law may be 
12.1 	deferred until the date of the next school district general election, the state primary 
12.2 	election, or the state general election.

12.3 	Sec. 19. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
12.4 	subdivision to read:
12.5 		Subd. 4a.Municipal boundary adjustment procedure. A change in the boundary 
12.6 	of an election precinct that has occurred as a result of a municipal boundary adjustment 
12.7 	made under chapter 414 that is effective more than 21 days before a  regularly scheduled 
12.8 	election takes effect at the scheduled election.
12.9 	A change in the boundary of an election precinct that has occurred as a result of a 
12.10 	municipal boundary adjustment made under chapter 414 that is effective less than 21 days 
12.11 	before a regularly scheduled election takes effect the day after the scheduled election.

12.12 	Sec. 20. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
12.13 		Subdivision 1.Booths; voting stations.  (a) Each polling place must contain a 
12.14 	number of voting booths or voting stations in proportion to the number of individuals 
12.15 	eligible to vote in the precinct. Each booth or station must be at least six feet high, 
12.16 	three feet deep and two feet wide with a shelf at least two feet long and one foot wide 
12.17 	placed at a convenient height for writing. The booth or station shall permit the voter to 
12.18 	vote privately and independently. 
12.19 	(b) Each polling place must have at least one accessible voting booth or other 
12.20 	accessible voting station and beginning with federal and state elections held after 
12.21 	December 31, 2005, and county, municipal, and school district elections held after 
12.22 	December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 
12.23 	America Vote Act, Public Law 107-252. 
12.24 	(c) Local jurisdictions must make accessible voting stations purchased with funds 
12.25 	provided from the Help America Vote Act account available to other local jurisdictions 
12.26 	holding stand-alone elections. The jurisdiction providing the equipment may require the 
12.27 	jurisdiction using the equipment to reimburse any direct actual costs incurred as a result 
12.28 	of the equipment's use and any prorated indirect costs of maintaining and storing the 
12.29 	equipment. A rental or other similar use fee may not be charged.
12.30 	Any funds received under this clause for expenses incurred by that local jurisdiction 
12.31 	as a direct result of making the equipment available that were not paid for in whole or in 
12.32 	part with funds from the Help America Vote Act account are not program income under 
12.33 	the Help America Vote Act, Public Law 107-252.
13.1 	Any funds received by a local jurisdiction making the equipment available as 
13.2 	reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162, 
13.3 	section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from 
13.4 	the Help America Vote Act account must be treated as program income and deposited into 
13.5 	the jurisdiction's Help America Vote Act account in the direct proportion that funds from 
13.6 	the Help America Vote Act account were used to pay for those "operating costs."
13.7 	(d) All booths or stations must be constructed so that a voter is free from observation 
13.8 	while marking ballots. During the hours of voting, the booths or stations must have 
13.9 	instructions, a pencil, and other supplies needed to mark the ballots. A chair must be 
13.10 	provided for elderly voters and voters with disabilities to use while voting or waiting 
13.11 	to vote. Stable flat writing surfaces must also be made available to voters who are 
13.12 	completing election-related forms.
13.13 	(e) All ballot boxes, voting booths, voting stations, and election judges must be 
13.14 	in open public view in the polling place.

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

13.16 	Sec. 21. Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:
13.17 		Subdivision 1.Minimum number required. (a) A minimum of three four election 
13.18 	judges shall be appointed for each precinct, except as provided by subdivision 2. In a 
13.19 	combined polling place under section 204B.14, subdivision 2, at least one judge must be 
13.20 	appointed from each municipality in the combined polling place, provided that not less 
13.21 	than three judges shall be appointed for each combined polling place. The appointing 
13.22 	authorities may appoint election judges for any precinct in addition to the number required 
13.23 	by this subdivision including additional election judges to count ballots after voting has 
13.24 	ended.  
13.25 	(b) An election judge may serve for all or part of election day, at the discretion of 
13.26 	the appointing authority, as long as the minimum number of judges required is always 
13.27 	present. The head election judge designated under section 204B.20 must serve for all of 
13.28 	election day and be present in the polling place unless another election judge has been 
13.29 	designated by the head election judge to perform the functions of the head election judge 
13.30 	during any absence.  

13.31 	Sec. 22. Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:
13.32 		Subd. 2.Additional election judges in paper ballot precincts Exception. In 
13.33 	precincts using paper ballots, A minimum of three election judges shall be appointed in 
13.34 	precincts not using electronic voting equipment. One additional election judge shall be 
14.1 	appointed for each 150 votes cast in that precinct at the last similar election. At each 
14.2 	state primary or state general election in precincts using paper ballots and in which more 
14.3 	than 300 votes were cast at the last similar election, additional election judges shall be 
14.4 	appointed to count the ballots and complete the returns in place of the election board 
14.5 	that served while voting was taking place.

14.6 	Sec. 23. Minnesota Statutes 2008, section 204B.24, is amended to read:
14.7 	204B.24 ELECTION JUDGES; OATH.
14.8 	Each election judge shall sign the following oath before assuming the duties of 
14.9 	the office:
14.10 	"I .......... solemnly swear (or affirm) that I will perform the duties of election judge 
14.11 	according to law and the best of my ability and will diligently endeavor to prevent fraud, 
14.12 	deceit and abuse in conducting this election. I will perform my duties in a fair and impartial 
14.13 	manner and not attempt to create an advantage for my party or for any candidate."
14.14 	The oath shall be attached to the summary statement of the election returns of that 
14.15 	precinct. If there is no individual present who is authorized to administer oaths, the 
14.16 	election judges may administer the oath to each other.

14.17 	Sec. 24. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
14.18 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
14.19 	publish a volume containing all state general laws relating to elections. The attorney 
14.20 	general shall provide annotations to the secretary of state for this volume. On or before 
14.21 	July August 1 of every even-numbered odd-numbered year the secretary of state shall 
14.22 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
14.23 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
14.24 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
14.25 	copy available on the office's Web site. The secretary of state may prepare and transmit 
14.26 	to the county auditors and municipal clerks detailed written instructions for complying 
14.27 	with election laws relating to the conduct of elections, conduct of voter registration and 
14.28 	voting procedures.

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

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

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

15.8 	Sec. 26. Minnesota Statutes 2008, section 204B.28, is amended by adding a 
15.9 	subdivision to read:
15.10 		Subd. 3.Certification of number. The county auditor or municipal clerk must 
15.11 	certify the number of ballots being provided to each precinct and provide this number to 
15.12 	the election judges for inclusion on the summary statement. The auditor or clerk must not 
15.13 	open prepackaged ballots, but must count the ballots, presuming that the total count for 
15.14 	each package is correct.

15.15 	Sec. 27. Minnesota Statutes 2008, section 204B.38, is amended to read:
15.16 	204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
15.17 	When the similarity of surnamesboth the first and last names of two or more 
15.18 	candidates for the same office at the same election may cause confusion to voters, up to 
15.19 	three additional words may be printed on the ballot after each surname to indicate the 
15.20 	candidate's occupation, office, residence or any combination of them if the candidate 
15.21 	furnishes the identifying words to the filing officer by the last day for withdrawal of 
15.22 	candidacy.

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

15.24 	Sec. 28. Minnesota Statutes 2008, section 204C.02, is amended to read:
15.25 	204C.02 APPLICATION.
15.26 	This chapter applies to all elections held in this state except as otherwise provided 
15.27 	by law.
15.28 	An individual who is unable to write the individual's name must sign election-related 
15.29 	documents in the manner provided by section 645.44, subdivision 14. An individual who 
15.30 	has power of attorney for another person may not sign election-related documents for that 
15.31 	person, except as provided by this section.

16.1 	Sec. 29. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
16.2 		Subdivision 1.Right to be absent. Every employee who is eligible to vote in an 
16.3 	election has the right to be absent from work for the purpose of voting during the morning 
16.4 	of for the time necessary to appear at the employee's polling place, cast a ballot, and return 
16.5 	to work on the day of that election, without penalty or deduction from salary or wages 
16.6 	because of the absence. An employer or other person may not directly or indirectly refuse, 
16.7 	abridge, or interfere with this right or any other election right of an employee.

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

16.9 	Sec. 30. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
16.10 		Subdivision 1. Lingering Persons allowed near polling place. An individual shall 
16.11 	be allowed to go to and from the polling place for the purpose of voting without unlawful 
16.12 	interference. No one except an election official or an individual who is waiting to register 
16.13 	or to vote or an individual who is conducting exit polling shall stand within 100 feet of 
16.14 	the building in which a polling place is located. "Exit polling" is defined as approaching 
16.15 	voters in a predetermined pattern as they leave the polling place after they have voted and 
16.16 	asking voters to fill out an anonymous, written questionnaire.

16.17 	Sec. 31. Minnesota Statutes 2008, section 204C.08, is amended to read:
16.18 	204C.08 OPENING OF POLLING PLACES.
16.19 		Subdivision 1.Arrival; ballots. The election judges shall meet at the polling place 
16.20 	at least one hour before the time for opening the polls. Before the polls open, the election 
16.21 	judges shall compare the ballots used with the sample ballots, electronic ballot displays, 
16.22 	and audio ballot reader furnished to see that the names, numbers, and letters on both agree 
16.23 	and shall certify to that fact on forms provided for that purpose. The certification must 
16.24 	be filed with the election returns.
16.25 		Subd. 1a. Display of flag. Upon their arrival at the polling place on the day of 
16.26 	election, the election judges shall cause the national flag to be displayed on a suitable 
16.27 	staff at the entrance to the polling place. The flag shall be displayed continuously during 
16.28 	the hours of voting and the election judges shall attest to that fact by signing the flag 
16.29 	certification statement on the precinct summary statement. The election judges shall 
16.30 	receive no compensation for any time during which they intentionally fail to display 
16.31 	the flag as required by this subdivision.
16.32 		Subd. 1a. 1b.Voter's Bill of Rights. The county auditor shall prepare and provide 
16.33 	to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as 
17.1 	set forth in this section. Before the hours of voting are scheduled to begin, the election 
17.2 	judges shall post it in a conspicuous location or locations in the polling place. The Voter's 
17.3 	Bill of Rights is as follows:
17.4 	"VOTER'S BILL OF RIGHTS
17.5 	For all persons residing in this state who meet federal voting eligibility requirements:
17.6 	(1) You have the right to be absent from work for the purpose of voting during the 
17.7 	morning ofwithout reduction to your pay, personal leave, or vacation time on election day
17.8 	for the time necessary to appear at your polling place, cast a ballot, and return to work.
17.9 	(2) If you are in line at your polling place any time between 7:00 a.m. and before
17.10 	8:00 p.m., you have the right to vote.
17.11 	(3) If you can provide the required proof of residence, you have the right to register 
17.12 	to vote and to vote on election day.
17.13 	(4) If you are unable to sign your name, you have the right to orally confirm your 
17.14 	identity with an election judge and to direct another person to sign your name for you.
17.15 	(5) You have the right to request special assistance when voting.
17.16 	(6) If you need assistance, you may be accompanied into the voting booth by a 
17.17 	person of your choice, except by an agent of your employer or union or a candidate.
17.18 	(7) You have the right to bring your minor children into the polling place and into 
17.19 	the voting booth with you.
17.20 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
17.21 	completed) or you have been discharged from your sentence, you have the right to vote.
17.22 	(9) If you are under a guardianship, you have the right to vote, unless the court 
17.23 	order revokes your right to vote.
17.24 	(10) You have the right to vote without anyone in the polling place trying to 
17.25 	influence your vote.
17.26 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
17.27 	right to receive a replacement ballot and vote.
17.28 	(12) You have the right to file a written complaint at your polling place if you are 
17.29 	dissatisfied with the way an election is being run.
17.30 	(13) You have the right to take a sample ballot into the voting booth with you.
17.31 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
17.32 	booth with you."
17.33 		Subd. 2.Posting of voting instructions. Before the hours for voting are scheduled 
17.34 	to begin, the election judges shall post any official voter instruction posters furnished to 
17.35 	them in a conspicuous location or locations in the polling place.
18.1 		Subd. 2a.Sample ballots. A At least two sample ballot ballots must be posted in a 
18.2 	conspicuous location in the polling place and must remain open to inspection by the voters 
18.3 	throughout election day. The sample ballot ballots must accurately reflect the offices, 
18.4 	candidates, and rotation sequence on the ballots used in that polling place. The sample 
18.5 	ballots may be either in full or reduced size.
18.6 		Subd. 3.Locking of ballot boxes box. Immediately before the time when voting 
18.7 	is scheduled to begin, one of the election judges shall open the ballot boxes box in the 
18.8 	presence of the individuals assembled at the polling place, turn the boxes upside down to
18.9 	demonstrate that it is empty them, lock them it, and deliver the key to another election 
18.10 	judge. Except as provided by law or rule, the boxes box shall not be reopened except 
18.11 	to count the ballots until after the hours for voting have ended and all voting has been 
18.12 	concluded. The boxes box shall be kept in public view at all times during voting hours. 
18.13 	After locking the ballot boxes box, the election judges shall proclaim that voting may 
18.14 	begin, and shall post outside the polling place conspicuous written or printed notices of 
18.15 	the time when voting is scheduled to end.
18.16 		Subd. 4.Ballot boxes, box boxcar seals. The governing body of a municipality or 
18.17 	school district by resolution may direct the municipal or school district clerk to furnish 
18.18 	a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a 
18.19 	numbered metal strap with a self-locking device securely attached to one end of the strap 
18.20 	so that the other end may be inserted and securely locked in the seal. No two metal straps 
18.21 	shall bear the same number.

18.22 	Sec. 32. Minnesota Statutes 2008, section 204C.09, subdivision 1, is amended to read:
18.23 		Subdivision 1.Counting and initialing. (a) Before the voting begins, as least two 
18.24 	election judges must certify the number of ballots delivered to the precinct. Election 
18.25 	judges may conduct this count, presuming that the total count provided for prepackaged 
18.26 	ballots is correct. As each package is opened, two judges must count the ballots in the 
18.27 	package to ensure that the total count provided for the package is correct. Any discrepancy 
18.28 	must be noted on the incident log.
18.29 	(b) Before the voting begins, or as soon as possible after it begins, at least two 
18.30 	election judges shall each initial the backs of all the ballots. The election judges shall 
18.31 	not otherwise mark the ballots.

18.32 	Sec. 33. Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:
18.33 		Subd. 2.Statement of grounds; oath. A challenger must be a resident of this state. 
18.34 	The secretary of state shall prepare a form that challengers must complete and sign when 
19.1 	making a challenge. The form must include space to state the ground for the challenge, 
19.2 	a statement that the challenge is based on the challenger's personal knowledge, and a 
19.3 	statement that the challenge is made under oath. The form must include a space for the 
19.4 	challenger's printed name, signature, telephone number, and address.
19.5 	An election judge shall administer to the challenged individual the following oath:
19.6 	"Do you solemnly swear (or affirm) that you will fully and truly answer all questions 
19.7 	put to you concerning your eligibility to vote at this election?"
19.8 	The election judge shall then ask the challenged individual sufficient questions to 
19.9 	test that individual's residence and right to vote.

19.10 	Sec. 34. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
19.11 		Subd. 2.Voting booths. One of the election judges shall explain to the voter the 
19.12 	proper method of marking and folding the ballots and, during a primary election, the effect 
19.13 	of attempting to vote in more than one party's primary. Except as otherwise provided in 
19.14 	section 204C.15, the voter shall retire alone to an unoccupied voting booth andor, at the 
19.15 	voter's discretion, the voter may choose to use another writing surface. The voter shall 
19.16 	mark the ballots without undue delay. The voter may take sample ballots into the booth to 
19.17 	assist in voting. The election judges may adopt and enforce reasonable rules governing the 
19.18 	amount of time a voter may spend in the voting booth marking ballots. 

19.19 	Sec. 35. Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
19.20 		Subdivision 1.Information requirements. Precinct summary statements shall be 
19.21 	submitted by the election judges in every precinct. For all elections, the election judges 
19.22 	shall complete three or more copies of the summary statements, and each copy shall 
19.23 	contain the following information for each kind of ballot:
19.24 	(a) the number of ballots delivered to the precinct as adjusted by the actual count 
19.25 	made by the election judges, the number of unofficial ballots made, and the number of 
19.26 	absentee ballots delivered to the precinct;
19.27 	(b) the number of votes each candidate received or the number of yes and no votes 
19.28 	on each question, the number of undervotes or partially blank ballots, and,  the number of 
19.29 	overvotes or partially, and the number of defective ballots with respect to each office or 
19.30 	question;
19.31 	(b) the number of totally blank ballots, the number of totally defective ballots, (c)  the 
19.32 	number of spoiled ballots, the number of duplicate ballots made, the number of absentee 
19.33 	ballots rejected, and the number of unused ballots, presuming that the total count provided 
19.34 	on each package of unopened prepackaged ballots is correct;
20.1 	(c) (d) the number of individuals who voted at the election in the precinct;
20.2 	(d) (e)  the number of voters registering on election day in that precinct; and
20.3 	(e) (f)  the signatures of the election judges who counted the ballots certifying that 
20.4 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
20.5 	entered by the election judges on the summary statements correctly show the number of 
20.6 	votes cast for each candidate and for and against each question.
20.7 	At least two copies of the summary statement must be prepared for elections not 
20.8 	held on the same day as the state elections.

20.9 	Sec. 36. Minnesota Statutes 2008, section 204C.28, subdivision 1, is amended to read:
20.10 		Subdivision 1.County auditor. Every county auditor shall remain at the auditor's 
20.11 	office to receive delivery of the returns, to permit public inspection of the summary 
20.12 	statements, and to tabulate the votes until all have been tabulated and the results made 
20.13 	known, or until 24 hours have elapsed since the end of the hours for voting, whichever 
20.14 	occurs first. Every county auditor shall, in the presence of the municipal clerk or the 
20.15 	election judges who deliver the returns, make a record of all materials delivered, the time of 
20.16 	delivery, and the names of the municipal clerk or election judges who made delivery.  The 
20.17 	record must include the number of ballots delivered to the precinct, as certified by section 
20.18 	204B.28, and the total number of ballots returned, as certified by the election judges under 
20.19 	section 204C.24. A discrepancy between the number of ballots delivered to the precinct 
20.20 	and the number of total ballots returned by election judges that cannot be reconciled by 
20.21 	taking into account the adjustments made by the election judge counts and any unofficial 
20.22 	ballots must be noted, but does not disqualify the votes from that precinct or invalidate the 
20.23 	election. The county auditor shall file the record and all envelopes containing ballots in a 
20.24 	safe and secure place with envelope seals unbroken. Access to the record and ballots shall 
20.25 	be strictly controlled. Accountability and a record of access shall be maintained by the 
20.26 	county auditor during the period for contesting elections or, if a contest is filed, until the 
20.27 	contest has been finally determined. Thereafter, the record shall be retained in the auditor's 
20.28 	office for the same period as the ballots as provided in section 204B.40.
20.29 	The county auditor shall file all envelopes containing ballots in a safe place 
20.30 	with seals unbroken. If the envelopes were previously opened by proper authority for 
20.31 	examination or recount, the county auditor shall have the envelopes sealed again and 
20.32 	signed by the individuals who made the inspection or recount. The envelopes may be 
20.33 	opened by the county canvassing board if necessary to procure election returns that the 
20.34 	election judges inadvertently may have sealed in the envelopes with the ballots. In that 
21.1 	case, the envelopes shall be sealed again and signed in the same manner as otherwise 
21.2 	provided in this subdivision.

21.3 	Sec. 37. Minnesota Statutes 2008, section 204C.28, subdivision 2, is amended to read:
21.4 		Subd. 2.Clerks. The clerk of every first, second, and third class city shall remain at 
21.5 	the clerk's office to receive delivery of returns, or until 24 hours have elapsed since the 
21.6 	end of the hours for voting, whichever occurs first. The clerk of every first class city shall 
21.7 	keep a book in which, in the presence of the election judges or other individuals who 
21.8 	deliver the returns, the clerk shall make a record of all materials delivered, the time of 
21.9 	delivery, and the names of the election judges or other individuals who made delivery. 
21.10 	 The record must include the number of ballots delivered to the precinct, as certified by 
21.11 	section 204B.28, and the total number of ballots returned, as certified by the election 
21.12 	judges under section 204C.24. A discrepancy between the number of ballots delivered 
21.13 	to the precinct and the number of total ballots returned by election judges that cannot be 
21.14 	reconciled by taking into account the adjustments made by the election judge counts and 
21.15 	any unofficial ballots must be noted, but does not disqualify the votes from that precinct or 
21.16 	invalidate the election. The book shall be retained in the clerk's office for the same period 
21.17 	as the ballots as provided in section 204B.40.

21.18 	Sec. 38. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
21.19 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
21.20 	county auditor's office on or before the seventh day following the state general election. 
21.21 	After taking the oath of office, the board shall promptly and publicly canvass the general 
21.22 	election returns delivered to the county auditor. Upon completion of the canvass, the board 
21.23 	shall promptly prepare and file with the county auditor a report which states:
21.24 	(a) the number of individuals voting at the election in the county and in each precinct;
21.25 	(b) the number of individuals registering to vote on election day and the number of 
21.26 	individuals registered before election day in each precinct;
21.27 	(c) the names of the candidates for each office and the number of votes received 
21.28 	by each candidate in the county and in each precinct, including write-in candidates for 
21.29 	state and federal office who have requested under section 204B.09 that votes for those 
21.30 	candidates be tallied; 
21.31 	(d) the number of votes counted for and against a proposed change of county lines 
21.32 	or county seat; and
21.33 	(e) the number of votes counted for and against a constitutional amendment or other 
21.34 	question in the county and in each precinct.
22.1 	The result of write-in votes cast on the general election ballots must be compiled by 
22.2 	the county auditor before the county canvass, except that write-in votes for a candidate for 
22.3 	federal, state, or federal county office must not be counted unless the candidate has timely 
22.4 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
22.5 	for each municipality to provide an adequate number of election judges to perform this 
22.6 	duty or the county auditor may appoint additional election judges for this purpose. The 
22.7 	county auditor may open the envelopes or containers in which the voted ballots have been 
22.8 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
22.9 	the conclusion of this process. The county auditor must prepare a separate report of votes 
22.10 	received by precinct for write-in candidates for federal, state, and county offices who have 
22.11 	requested under section 204B.09 that votes for those candidates be tallied.
22.12 	Upon completion of the canvass, the county canvassing board shall declare the 
22.13 	candidate duly elected who received the highest number of votes for each county and state 
22.14 	office voted for only within the county. The county auditor shall transmit one of the a
22.15 	certified copies copy of the county canvassing board report for state and federal offices to 
22.16 	the secretary of state by messenger, express mail, or similar service immediately upon 
22.17 	conclusion of the county canvass.

22.18 	Sec. 39. Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:
22.19 		Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was 
22.20 	on the ballot for nomination or election to a statewide federal office, state constitutional 
22.21 	office, statewide judicial office, congressional office, state legislative office, or district 
22.22 	judicial office may request a recount in a manner provided in this section at the candidate's 
22.23 	own expense when the vote difference is greater than the difference required by this 
22.24 	section. The votes shall be manually recounted as provided in this section if the candidate 
22.25 	files a request during the time for filing notice of contest of the primary or election for 
22.26 	which a recount is sought. 
22.27 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety 
22.28 	in an amount set by the filing officer for the payment of the recount expenses. The 
22.29 	requesting candidate is responsible for the following expenses: the compensation of the 
22.30 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
22.31 	administrator, or other personnel who participate in the recount; the costs of computer 
22.32 	operation, preparation of ballot counting equipment, necessary supplies and travel 
22.33 	related to the recount; the compensation of the appropriate canvassing board and costs of 
22.34 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
22.35 	with the recount by the governing body responsible for the recount. 
23.1 	(c) The requesting candidate may provide the filing officer with a list of up to three 
23.2 	precincts that are to be recounted first and may waive the balance of the recount after these 
23.3 	precincts have been counted. If the candidate provides a list, the recount official must 
23.4 	determine the expenses for those precincts in the manner provided by paragraph (b). 
23.5 	(d) If the winner of the race is changed by the optional recount, the cost of the 
23.6 	recount must be paid by the jurisdiction conducting the recount. 
23.7 	(e) If a result of the vote counting in the manual recount is different from the result 
23.8 	of the vote counting reported on election day by a margin greater than the standard for 
23.9 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
23.10 	cost of the recount must be paid by the jurisdiction conducting the recount. 

23.11 	Sec. 40. Minnesota Statutes 2008, section 204C.35, subdivision 3, is amended to read:
23.12 		Subd. 3.Scope of recount. A recount conducted as provided in this section is 
23.13 	limited in scope to the determination of the number of votes validly cast for the office to 
23.14 	be recounted. Only the ballots cast in the election and the summary statements certified 
23.15 	by the election judges may be considered in the recount process. Original ballots that 
23.16 	have been duplicated under section 206.86, subdivision 5, are not within the scope of a 
23.17 	recount and must not be examined except as provided by a court in an election contest 
23.18 	under chapter 209.

23.19 	Sec. 41. Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:
23.20 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
23.21 	for a ballot question when the difference between the votes for and the votes against the 
23.22 	question is less than or equal to the difference provided in subdivision 1. A recount may 
23.23 	be requested by any person eligible to vote on the ballot question. A written request for a 
23.24 	recount must be filed with the filing officer of the county, municipality, or school district 
23.25 	placing the question on the ballot and must be accompanied by a petition containing the 
23.26 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
23.27 	when the difference between the votes for and the votes against the question is less than or 
23.28 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
23.29 	for a county question at the expense of the county, the governing body of the municipality 
23.30 	shall recount the votes for a municipal question at the expense of the municipality, and the 
23.31 	school board of the school district shall recount the votes for a school district question at 
23.32 	the expense of the school district. If the difference between the votes for and the votes 
23.33 	against the question is greater than the difference provided in subdivision 1, the person 
23.34 	requesting the recount shall also file with the filing officer of the county, municipality, or 
24.1 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
24.2 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
24.3 	or surety required must be filed during the time for notice of contest for the election for 
24.4 	which the recount is requested.

24.5 	Sec. 42. Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:
24.6 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
24.7 	discretionary recount, is responsible for the following expenses: the compensation of the 
24.8 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
24.9 	administrator, or other personnel who participate in the recount; the costs of computer 
24.10 	operation, preparation of ballot counting equipment, necessary supplies and travel 
24.11 	related to the recount; the compensation of the appropriate canvassing board and costs of 
24.12 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
24.13 	with the recount by the governing body responsible for the recount.

24.14 	Sec. 43. Minnesota Statutes 2008, section 204C.37, is amended to read:
24.15 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
24.16 	STATE.
24.17 	Two copies A copy of the reports report required by sections 204C.32, subdivision 
24.18 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
24.19 	auditor. Each The copy shall be enclosed in an envelope addressed to the secretary 
24.20 	of state, with the county auditor's name and official address and the words "Election 
24.21 	Returns" endorsed on the envelope. The copy of the canvassing board report not sent by 
24.22 	express mail and the precinct summary statements must be mailed sent by express mail
24.23 	or delivered to the secretary of state. If neither the copy is not received by the secretary 
24.24 	of state within ten days following the applicable election, the secretary of state shall 
24.25 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
24.26 	state by special messenger. 

24.27 	Sec. 44. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
24.28 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
24.29 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
24.30 	rotation of the names of candidates and for layout of the ballot.
24.31 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
24.32 	legal advisor of the official before delivery to the printer.
25.1 	(c) The legal advisor of a town official is not required to approve instructions 
25.2 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
25.3 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
25.4 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
25.5 	check, acceptable to the official responsible for printing the ballots, conditioned on 
25.6 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
25.7 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
25.8 	letter of credit, or certified check in an amount equal to the value of the purchase.

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

25.10 	Sec. 45. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
25.11 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
25.12 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
25.13 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
25.14 	be voted for in the county shall be placed on the sample ballots, with the names of the 
25.15 	candidates for each office arranged alphabetically according to the surname in the base 
25.16 	rotation as determined by section 206.61, subdivision 5. Only one sample state partisan 
25.17 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
25.18 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
25.19 	auditor's office and shall cause them to be published at least one week before the state 
25.20 	primary in at least one newspaper of general circulation in the county.

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

25.22 	Sec. 46. Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:
25.23 		Subdivision 1.Partisan offices; nominees. The candidate for nomination of a 
25.24 	major political party for a partisan office on the state partisan primary ballot who receives 
25.25 	the highest number of votes shall be the nominee of that political party for that office, 
25.26 	except as otherwise provided in subdivision 2.

25.27 	Sec. 47. Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:
25.28 		Subdivision 1.Special primary. Except as provided in subdivision 2, the candidates 
25.29 	of the major political parties to fill a vacancy shall be nominated at a special primary. The 
25.30 	candidate of each party who receives the highest number of votes at the special primary 
25.31 	shall be nominated without reference to the ten percent requirement of section 204D.10, 
25.32 	subdivision 2.  

26.1 	Sec. 48. Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision 
26.2 	to read:
26.3 		Subd. 1a.City council members; expiration of terms. The terms of all city 
26.4 	council members of charter cities expire on the first Monday in January of the year in 
26.5 	which they expire.

26.6 	Sec. 49. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
26.7 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
26.8 	become a candidate for an office to be voted for at the municipal general election shall file 
26.9 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
26.10 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
26.11 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
26.12 	the approval of the county auditor, the town clerk may authorize candidates for township 
26.13 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
26.14 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
26.15 	shall also accept an application signed by not less than five voters and filed on behalf of an 
26.16 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
26.17 	of the application has been made on the candidate and proof of service is endorsed on the 
26.18 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
26.19 	of the candidate on the official ballot without partisan designation. 

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

26.21 	Sec. 50. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
26.22 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
26.23 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
26.24 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
26.25 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
26.26 	days before the first day to file affidavits of candidacy. The notice must separately list 
26.27 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
26.28 	of a term when a special election is being held to fill a vacancy as provided in section 
26.29 	412.02, subdivision 2a.

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

26.31 	Sec. 51. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
27.1 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
27.2 	clerk shall, at least one week two weeks before the election, publish a sample ballot in the 
27.3 	official newspaper of the municipality, except that the governing body of a fourth class 
27.4 	city or a town not located within a metropolitan county as defined in section 473.121
27.5 	may dispense with publication. 

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

27.7 	Sec. 52. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
27.8 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal 
27.9 	clerk shall at least four days two weeks before the election post prepare a sample ballot 
27.10 	for the municipality, make them available for public inspection in the clerk's office for 
27.11 	public inspection, and post a sample ballot in each polling place on election day.

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

27.13 	Sec. 53. [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
27.14 	The terms of all school board members expire on the first Monday in January of the 
27.15 	year in which they expire.

27.16 	Sec. 54. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
27.17 		Subdivision 1.Questions. Special elections must be held for a school district on a 
27.18 	question on which the voters are authorized by law to pass judgment. The school board 
27.19 	may on its own motion call a special election to vote on any matter requiring approval of 
27.20 	the voters of a district. Upon petition filed with the school board of 50 or more voters of 
27.21 	the school district or five percent of the number of voters voting at the preceding school 
27.22 	district general election, whichever is greater, the school board shall by resolution call 
27.23 	a special election to vote on any matter requiring approval of the voters of a district. 
27.24 	A question is carried only with the majority in its favor required by law. The election 
27.25 	officials for a special election are the same as for the most recent school district general 
27.26 	election unless changed according to law. Otherwise, special elections must be conducted 
27.27 	and the returns made in the manner provided for the school district general election. A 
27.28 	special election may not be held during the 30 days before and the 30 days after the state 
27.29 	primary, during the 30 days before and the 40 days after the state general election. In 
27.30 	addition, a special election may not be held during the 20 days before and the 20 days 
27.31 	after any regularly scheduled election of a municipality wholly or partially within the 
27.32 	school district. Notwithstanding any other law to the contrary, the time period in which a 
28.1 	special election must be conducted under any other law may be extended by the school 
28.2 	board to conform with the requirements of this subdivision.

28.3 	Sec. 55. Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:
28.4 		Subd. 3.Procedure. The designation of a polling place pursuant to this section 
28.5 	remains effective until a different polling place is designated. No designation of a new or 
28.6 	different polling place becomes effective less than 90 days prior to an election, except 
28.7 	that a new polling place may be designated to replace a polling place that has become 
28.8 	unavailable for use. The school board must notify the county auditor within 30 days after 
28.9 	the establishment of a polling place as provided in this section. The notice must include a 
28.10 	list of the precincts that will be voting at each polling place. The school board must send 
28.11 	the notice required by section 204B.16, subdivision 1a, after a polling place is established 
28.12 	as provided in this section, but no additional notices of this kind are required for any 
28.13 	subsequent similar elections until the location of the polling place or the combination 
28.14 	of precincts voting at the polling place is changed. The secretary of state shall provide 
28.15 	a single polling place roster for use in any polling place established as provided in this 
28.16 	section. A single set of election judges must be appointed to serve in the polling place. 
28.17 	The number of election judges required must be based on the total number of persons 
28.18 	voting at the last similar election in all the precincts to be voting at the single polling 
28.19 	place. A single ballot box may be provided for all the ballots. 

28.20 	Sec. 56. Minnesota Statutes 2008, section 208.03, is amended to read:
28.21 	208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
28.22 	Presidential electors for the major political parties of this state shall be nominated by 
28.23 	delegate conventions called and held under the supervision of the respective state central 
28.24 	committees of the parties of this state. On or before primary election day the chair of 
28.25 	the major political party shall certify to the secretary of state the names of the persons 
28.26 	nominated as presidential electors, the names of eight alternate presidential electors, and 
28.27 	the names of the party candidates for president and vice president. The chair shall also 
28.28 	certify that the party candidates for president and vice president have no affidavit on file as 
28.29 	a candidate for any office in this state at the ensuing general election.

28.30 	Sec. 57.  REPEALER.
 28.31 	Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10, 
28.32 	subdivision 2; 206.57, subdivision 7; and 206.91, are repealed.