1.1 	A bill for an act
1.2 	relating to elections; requiring voters to provide picture identification before 
1.3 	receiving a ballot; providing for the issuance of identification cards at no 
1.4 	charge; establishing a procedure for provisional balloting; specifying other 
1.5 	election administration procedures; requiring use of electronic polling place 
1.6 	rosters; enacting procedures related to recounts; appropriating money;amending 
1.7 	Minnesota Statutes 2010, sections 135A.17, subdivision 2; 200.02, by adding 
1.8 	a subdivision; 201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 7; 
1.9 	201.071, subdivision 3; 201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, 
1.10 	subdivision 3; 203B.04, subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, 
1.11 	subdivision 1; 204B.14, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 
1.12 	3, 4; 204C.14; 204C.15, subdivision 1; 204C.20, subdivisions 1, 2, 4, by adding 
1.13 	a subdivision; 204C.23; 204C.24, subdivision 1; 204C.38; 204D.24, subdivision 
1.14 	2; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1; 
1.15 	211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes, 
1.16 	chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes, 
1.17 	chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 203B.04, 
1.18 	subdivision 3; 204B.36, subdivision 5; 204C.34; 204C.35; 204C.36; 204C.361; 
1.19 	Minnesota Rules, parts 8200.0300; 8200.0800; 8200.1100; 8200.1200, subparts 
1.20 	1, 1b, 2, 3; 8200.1700; 8200.1800; 8200.2100; 8200.2200; 8200.2500; 
1.21 	8200.2600; 8200.2700; 8200.2900; 8200.2950; 8200.3000; 8200.3100, subpart 
1.22 	1; 8200.3110; 8200.3200; 8200.3500; 8200.3550; 8200.3600; 8200.3700; 
1.23 	8200.3800, subpart 1; 8200.3900; 8200.4000; 8200.5100; 8200.5200; 8200.5300; 
1.24 	8200.5400; 8200.5500; 8200.5600; 8200.5800; 8200.6100; 8200.6200; 
1.25 	8200.6400; 8200.7100; 8200.7200; 8200.9115, subparts 1, 3; 8200.9120; 
1.26 	8200.9300, subparts 7, 8, 9, 10, 11; 8200.9305; 8200.9310, subparts 1, 2, 3, 
1.27 	5; 8200.9315; 8200.9320; 8200.9325; 8200.9939; 8200.9940; 8200.9950; 
1.28 	8200.9960; 8205.1010; 8205.1020; 8205.1030; 8205.1040; 8205.1050; 
1.29 	8205.2000, subparts 1, 1a, 3, 4; 8205.2010; 8205.2100, subpart 1; 8205.2110, 
1.30 	subparts 1, 1a, 3, 4; 8205.2120; 8210.0050; 8210.0100; 8210.0200, subpart 
1.31 	4; 8210.0225; 8210.0300; 8210.0500; 8210.0600, subparts 1, 1a, 1b, 2, 3; 
1.32 	8210.0710; 8210.0720; 8210.0730; 8210.0800, subparts 3, 3a, 4; 8210.1000; 
1.33 	8210.2000; 8210.2100; 8210.2200; 8210.2300; 8210.2400; 8210.2450; 
1.34 	8210.2500; 8210.2600; 8210.2700; 8210.3000, subparts 1, 2, 3, 4, 4a, 4b, 5, 
1.35 	6, 7, 8, 9, 10, 11, 12, 13; 8220.0050; 8220.0150; 8220.0250, subparts 1, 1a, 
1.36 	3a, 3b, 4a, 5a, 5b, 11, 14, 15, 16, 18, 18a, 21, 22a, 22b, 24, 26, 28a, 30, 33, 
1.37 	35; 8220.0325; 8220.0350; 8220.0450; 8220.0550; 8220.0650; 8220.0700; 
1.38 	8220.0750; 8220.0800; 8220.0825; 8220.0850; 8220.1050; 8220.1150; 
1.39 	8220.1350; 8220.1450; 8220.1550; 8220.1650; 8220.1750; 8220.1850; 
2.1 	8220.2050; 8220.2250; 8220.2850; 8220.2860; 8220.2865; 8230.0050; 
2.2 	8230.0150; 8230.0250; 8230.0560; 8230.0570; 8230.0580; 8230.0650; 
2.3 	8230.0850; 8230.1050; 8230.1130; 8230.1150, subparts 1, 3; 8230.1350; 
2.4 	8230.1450; 8230.1850; 8230.1860; 8230.2010; 8230.2020; 8230.2030; 
2.5 	8230.2040; 8230.2050; 8230.2150; 8230.2250; 8230.2450; 8230.3450; 
2.6 	8230.3550; 8230.3560; 8230.3750, subparts 1, 2, 4, 5; 8230.3850; 8230.3950; 
2.7 	8230.4050; 8230.4150; 8230.4325; 8230.4355; 8230.4360; 8230.4365; 
2.8 	8230.4370; 8230.4375; 8230.4380; 8230.4385; 8230.4390; 8230.4395; 
2.9 	8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700; 8235.0800; 
2.10 	8235.1100; 8235.1200; 8240.0100; 8240.0200; 8240.0300; 8240.1050; 
2.11 	8240.1100; 8240.1200; 8240.1300; 8240.1350; 8240.1400; 8240.1500; 
2.12 	8240.1600; 8240.1655, subparts 1, 2, 3, 4, 6; 8240.1750; 8240.1800; 8240.1900; 
2.13 	8240.1950; 8240.2000; 8240.2100; 8240.2200; 8240.2300; 8240.2400; 
2.14 	8240.2500; 8240.2700; 8240.2800; 8240.2850; 8240.2900; 8250.0100; 
2.15 	8250.0200; 8250.0300; 8250.0350; 8250.0365; 8250.0370; 8250.0375; 
2.16 	8250.0385; 8250.0390; 8250.0395; 8250.0397; 8250.0398; 8250.0400; 
2.17 	8250.0500; 8250.0600; 8250.0700; 8250.0800; 8250.0900; 8250.1000; 
2.18 	8250.1100; 8250.1200; 8250.1600; 8250.1810.
2.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.20 	ARTICLE 1
2.21 	VOTER REGISTRATION, PHOTO IDENTIFICATION, AND 
2.22 	PROVISIONAL BALLOTING

2.23 	Section 1. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
2.24 	The following are sufficient proof of identity and residence for purposes of election 
2.25 	day voter registration under section 201.061, subdivision 3, and for determining whether 
2.26 	to count a provisional ballot under section 204C.135, subdivision 2:
2.27 	(1) a current, valid driver's license or identification card issued to the voter by the 
2.28 	Department of Public Safety that contains the voter's current address of residence in the 
2.29 	precinct;
2.30 	(2) an identification card issued to the voter by the tribal government of a tribe 
2.31 	recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the 
2.32 	voter's current address of residence in the precinct, and all other items of data contained on 
2.33 	a Minnesota identification card, as provided in section 171.07, subdivision 3;
2.34 	(3) an original receipt issued to the voter by the Department of Public Safety for a 
2.35 	new, renewed, or updated driver's license or identification card that contains the voter's 
2.36 	current address of residence in the precinct along with one of the following documents, 
2.37 	provided that it contains a photograph of the voter:
2.38 	(i) a driver's license or identification card that is expired, invalidated, or does 
2.39 	not contain the voter's current address of residence, issued to the voter by the state of 
2.40 	Minnesota or any other state or territory of the United States;
2.41 	(ii) a United States passport, issued to the voter;
3.1 	(iii) an identification card issued by a branch, department, agency, entity, or 
3.2 	subdivision of Minnesota or the federal government;
3.3 	(iv) an identification card issued by an accredited postsecondary institution with 
3.4 	a campus located within Minnesota, if a list of students from that institution has been 
3.5 	prepared under section 135A.17 and certified to the county auditor in the manner provided 
3.6 	in rules of the secretary of state; or
3.7 	(v) an identification card issued to the voter by the tribal government of a tribe 
3.8 	recognized by the Bureau of Indian Affairs;
3.9 	(4) if the voter is a student, a driver's license or identification card issued by 
3.10 	Minnesota or any other state or territory of the United States that does not contain 
3.11 	the voter's current address of residence, along with a current student fee statement that 
3.12 	contains the student's valid address of residence in the precinct; or
3.13 	(5) if the voter resides in a shelter for battered women as defined in section 611A.37, 
3.14 	subdivision 4, located in the precinct, having an individual who is an employee employed 
3.15 	by and working in the shelter sign an oath in the presence of the election judge vouching 
3.16 	that the employee personally knows the individual's identity and that the individual is a 
3.17 	resident of the precinct. The oath must be made on a form prescribed by the secretary 
3.18 	of state that contains a space for the employee's printed name, signature, telephone 
3.19 	number, and employment address. The operator of the shelter shall prepare a list of the 
3.20 	names of its employees currently working in the shelter and the address of the shelter. 
3.21 	The operator shall certify the list and provide it to the appropriate county auditor no less 
3.22 	than 20 days before each election for use in election day registration. Only employees 
3.23 	named on the list provided by the operator of the shelter may vouch for a voter's identity 
3.24 	and residence under this section.

3.25 	Sec. 2. [201.017] STATE-SUBSIDIZED IDENTIFICATION.
3.26 		Subdivision 1.Issuance of identification cards. (a) The Department of Public 
3.27 	Safety shall provide a Minnesota identification card as described in section 171.07, 
3.28 	subdivision 3, to any applicant who is eligible to vote in Minnesota and who does not 
3.29 	possess a valid Minnesota driver's license or state identification card. The department 
3.30 	may not require the applicant to pay a fee for issuance of an identification card under 
3.31 	this section. The application form must require the applicant to indicate whether a 
3.32 	state-subsidized identification card is being requested due to the applicant's indigent 
3.33 	status. A state-subsidized identification card may only be applied for at a driver's licensing 
3.34 	facility operated by the Division of Driver and Vehicle Services.
4.1 	(b) Upon application for a state-subsidized identification card, including upon 
4.2 	application for a renewal, duplicate card, or when a new card is required as a result of 
4.3 	a change of address, an applicant must present verification that the applicant is at least 
4.4 	18 years of age, is a citizen of the United States, and will have maintained residence in 
4.5 	Minnesota for at least 20 days immediately preceding the next election.
4.6 		Subd. 2.State-subsidized identification card account. A state-subsidized 
4.7 	identification card account is established in the special revenue fund. Money in the 
4.8 	account shall be appropriated by law to the Department of Public Safety for purposes of 
4.9 	providing state-subsidized identification cards to individuals qualifying under this section, 
4.10 	provided that the department may not be reimbursed more than 50 cents for identification 
4.11 	cards issued to individuals qualifying under section 171.07, subdivision 3, paragraph (e), 
4.12 	and $2 for all other cards. The commissioner of public safety must report to the legislature 
4.13 	at least monthly on expenditure of funds from this account.

4.14 	Sec. 3. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
4.15 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
4.16 	register on election day by appearing in person at the polling place for the precinct in 
4.17 	which the individual maintains residence, by completing a registration application, making 
4.18 	an oath in the form prescribed by the secretary of state and providing proof of identity and
4.19 	residence. An individual may prove identity and residence for purposes of registering by:
4.20 	presenting documentation as permitted by section 200.035.
4.21 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
4.22 	to section 171.07;
4.23 	(2) presenting any document approved by the secretary of state as proper 
4.24 	identification;
4.25 	(3) presenting one of the following:
4.26 	(i) a current valid student identification card from a postsecondary educational 
4.27 	institution in Minnesota, if a list of students from that institution has been prepared under 
4.28 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
4.29 	the secretary of state; or
4.30 	(ii) a current student fee statement that contains the student's valid address in the 
4.31 	precinct together with a picture identification card; or
4.32 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
4.33 	employed by and working in a residential facility in the precinct and vouching for a 
4.34 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
4.35 	voter or employee personally knows that the individual is a resident of the precinct. A 
5.1 	voter who has been vouched for on election day may not sign a proof of residence oath 
5.2 	vouching for any other individual on that election day. A voter who is registered to vote in 
5.3 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
5.4 	does not apply to an employee of a residential facility described in this clause. The 
5.5 	secretary of state shall provide a form for election judges to use in recording the number 
5.6 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
5.7 	form must include space for the maximum number of individuals for whom a voter may 
5.8 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
5.9 	a statement that the voter is registered to vote in the precinct, personally knows that the 
5.10 	individual is a resident of the precinct, and is making the statement on oath. The form must 
5.11 	include a space for the voter's printed name, signature, telephone number, and address.
5.12 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
5.13 	attached to the voter registration application.
5.14 	(b) The operator of a residential facility shall prepare a list of the names of its 
5.15 	employees currently working in the residential facility and the address of the residential 
5.16 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
5.17 	no less than 20 days before each election for use in election day registration.
5.18 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
5.19 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
5.20 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
5.21 	5; a residence registered with the commissioner of health as a housing with services 
5.22 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
5.23 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
5.24 	licensed by the commissioner of human services to provide a residential program as 
5.25 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
5.26 	developmental disability licensed by the commissioner of human services under section 
5.27 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
5.28 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
5.29 	publicly or privately operated shelter or dwelling designed to provide temporary living 
5.30 	accommodations for the homeless.
5.31 	(d) For tribal band members, an individual may prove residence for purposes of 
5.32 	registering by:
5.33 	(1) presenting an identification card issued by the tribal government of a tribe 
5.34 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
5.35 	contains the name, address, signature, and picture of the individual; or
6.1 	(2) presenting an identification card issued by the tribal government of a tribe 
6.2 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
6.3 	contains the name, signature, and picture of the individual and also presenting one of the 
6.4 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
6.5 	(e) (b) A county, school district, or municipality may must require that an election 
6.6 	judge responsible for election day registration initial sign each completed registration 
6.7 	application.

6.8 	Sec. 4. Minnesota Statutes 2010, section 204C.10, is amended to read:
6.9 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
6.10 	REGISTRATION.
6.11 		Subdivision 1.Polling place roster. (a) An individual seeking to vote shall sign a 
6.12 	polling place roster which states that the individual is at least 18 years of age, a citizen 
6.13 	of the United States, has resided in Minnesota for 20 days immediately preceding the 
6.14 	election, maintains residence at the address shown, is not under a guardianship in which 
6.15 	the court order revokes the individual's right to vote, has not been found by a court of 
6.16 	law to be legally incompetent to vote or has the right to vote because, if the individual 
6.17 	was convicted of a felony, the felony sentence has expired or been completed or the 
6.18 	individual has been discharged from the sentence, is registered and has not already voted 
6.19 	in the election. The roster must also state: "I understand that deliberately providing false 
6.20 	information is a felony punishable by not more than five years imprisonment and a fine of 
6.21 	not more than $10,000, or both."
6.22 	(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the 
6.23 	voter to present a photo identification document, as described in subdivision 2; and (2) 
6.24 	confirm the applicant's name, address, and date of birth. A voter who cannot produce 
6.25 	sufficient identification as required by subdivision 2 may not sign the polling place roster, 
6.26 	but may cast a provisional ballot, as provided in section 204C.135.
6.27 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
6.28 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
6.29 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
6.30 	voters' receipts must be maintained during the time for notice of filing an election contest
6.31 	for 36 months following the date of the election.
6.32 		Subd. 2.Photo identification. To satisfy the photo identification requirement in 
6.33 	subdivision 1, a voter must present a valid form of one of the following documents or sets 
6.34 	of documents, issued to the voter:
7.1 	(1) a Minnesota driver's license or identification card that contains the voter's current 
7.2 	address of residence in the precinct, issued under section 171.07 or 201.017;
7.3 	(2)(i) an original receipt for a new, renewed, or updated driver's license or 
7.4 	identification card issued under section 171.07 or 201.017 that contains the voter's current 
7.5 	address of residence in the precinct; and
7.6 	(ii) a driver's license or identification card that is expired, invalidated, or does not 
7.7 	contain the voter's current address of residence in the precinct, issued to the voter by the 
7.8 	state of Minnesota or any other state or territory of the United States; or
7.9 	(3) an identification card issued by the tribal government of a tribe recognized by 
7.10 	the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current 
7.11 	address of residence in the precinct, and all other items of data contained on a Minnesota 
7.12 	identification card, as provided in section 171.07, subdivision 3.
7.13 	Alternatively, a voter who resides in a shelter for battered women as defined in section 
7.14 	611A.37, subdivision 4, located in the precinct may comply with the requirements of 
7.15 	subdivision 1 by having an individual who is an employee employed by and working in 
7.16 	the shelter sign an oath in the presence of the election judge vouching that the employee 
7.17 	personally knows the individual's identity and that the individual is a resident of the 
7.18 	precinct, consistent with the requirements provided in section 200.035, clause (5).

7.19 	Sec. 5. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
7.20 		Subd. 3.Determination of residence. In determining the legal residence of a 
7.21 	challenged individual, the election judges shall be governed by the principles contained in 
7.22 	section 200.031. If the challenged individual's answers to the questions show ineligibility 
7.23 	to vote in that precinct, the individual shall not be allowed to vote. If the individual has 
7.24 	marked ballots but not yet deposited them in the ballot boxes before the election judges 
7.25 	determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
7.26 	with the spoiled ballots. If the answers to the questions fail to show that the individual is 
7.27 	not eligible to vote in that precinct and the challenge is not withdrawn, the election judges 
7.28 	shall verbally administer the oath on the voter certificate to the individual. After taking the 
7.29 	oath and completing and signing the voter certificate, the challenged individual shall be 
7.30 	allowed to vote permit the voter to cast a provisional ballot, in the manner provided in 
7.31 	section 204C.135. 

7.32 	Sec. 6. [204C.135] PROVISIONAL BALLOTS.
7.33 		Subdivision 1.Casting of provisional ballots. (a) The following voters seeking to 
7.34 	vote are entitled to cast a provisional ballot in the manner provided by this section:
8.1 	(1) a voter who is unable to provide proper photo identification as required by 
8.2 	section 204C.10;
8.3 	(2) a voter whose registration status is listed as "challenged" on the polling place 
8.4 	roster; and
8.5 	(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
8.6 	(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster 
8.7 	and complete a provisional ballot envelope. The envelope must contain a space for the 
8.8 	voter to list the voter's name, address of residence, date of birth, voter identification 
8.9 	number, and any other information prescribed by the secretary of state. The voter must 
8.10 	also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 
8.11 	in the same election, and meets the criteria for registering to vote in the precinct in which 
8.12 	the voter appears.
8.13 	Once the voter has completed the provisional ballot envelope, the voter must be 
8.14 	allowed to cast a provisional ballot. The provisional ballot must be in the same form 
8.15 	as the official ballot available in the precinct on election day. A completed provisional 
8.16 	ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside 
8.17 	the voter's provisional ballot envelope and deposited by the voter in a secure, sealed 
8.18 	provisional ballot box. Completed provisional ballots may not be combined with other 
8.19 	voted ballots in the polling place.
8.20 	(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by 
8.21 	the secretary of state. The provisional ballot envelope must be a color other than that 
8.22 	provided for absentee ballot envelopes and must be prominently labeled "Provisional 
8.23 	Ballot Envelope."
8.24 	(d) Provisional ballots and related documentation shall be delivered to and securely 
8.25 	maintained by the county auditor or municipal clerk in the same manner as required for 
8.26 	other election materials under sections 204C.27 to 204C.28.
8.27 		Subd. 2.Counting provisional ballots. (a) A voter who casts a provisional ballot in 
8.28 	the polling place may personally appear before the county auditor or municipal clerk no 
8.29 	later than seven calendar days following the election to prove that the voter's provisional 
8.30 	ballot should be counted. The county auditor or municipal clerk must count a provisional 
8.31 	ballot in the final certified results from the precinct if:
8.32 	(1) the statewide voter registration system indicates that the voter is eligible to vote 
8.33 	or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
8.34 	(2) the voter presents proof of identity and residence in the precinct in the manner 
8.35 	permitted by section 200.035.
9.1 	(b) If a voter does not appear before the county auditor or municipal clerk within 
9.2 	seven calendar days following the election or otherwise does not satisfy the requirements 
9.3 	of paragraph (a), or if the data listed on the items of identification presented by the voter 
9.4 	does not match the data submitted by the voter on the provisional ballot envelope, the 
9.5 	voter's provisional ballot must not be counted.
9.6 	(c) The county auditor or municipal clerk must notify, in writing, any provisional 
9.7 	voter who does not appear within seven calendar days of the election that the voter's 
9.8 	provisional ballot was not counted because of the voter's failure to appear before the 
9.9 	county auditor or municipal clerk within the time permitted by law to determine whether 
9.10 	the provisional ballot should be counted.
9.11 		Subd. 3.Provisional ballots; reconciliation. Prior to counting any provisional 
9.12 	ballots in the final vote totals from a precinct, the county auditor must verify that the 
9.13 	number of signatures appearing on the provisional ballot roster from that precinct is equal 
9.14 	to or greater than the number of accepted provisional ballots submitted by voters in the 
9.15 	precinct on election day. Any discrepancy must be resolved before the provisional ballots 
9.16 	from the precinct may be counted. Excess provisional ballots to be counted must be 
9.17 	randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the 
9.18 	period for a voter to appear to prove residence and identity has expired and the ballots to 
9.19 	be counted have been separated from the provisional ballot envelopes.

9.20 	Sec. 7. Minnesota Statutes 2010, section 204C.14, is amended to read:
9.21 	204C.14 UNLAWFUL VOTING; PENALTY.
9.22 	No individual shall intentionally:
9.23 	(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot 
9.24 	in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be 
9.25 	counted, or attempting to vote by means of a voting machine or electronic voting system;
9.26 	(b) vote more than once at the same election;
9.27 	(c) put a ballot in a ballot box for any illegal purpose;
9.28 	(d) give more than one ballot of the same kind and color to an election judge to 
9.29 	be placed in a ballot box;
9.30 	(e) aid, abet, counsel or procure another to go into any precinct for the purpose 
9.31 	of voting in that precinct, knowing that the other individual is not eligible to vote in 
9.32 	that precinct; or
9.33 	(f) aid, abet, counsel or procure another to do any act in violation of this section.
9.34 	A violation of this section is a felony.

10.1 	Sec. 8. APPROPRIATION.
 10.2 	$....... is appropriated for fiscal years 2012 and 2013 to the state-subsidized 
10.3 	identification card account for purposes of providing state-subsidized identification cards 
10.4 	to individuals qualifying under Minnesota Statutes, section 201.017.

10.5 	Sec. 9. EFFECTIVE DATE.
 10.6 	This article is effective June 1, 2012, and applies to elections held on or after that 
10.7 	date.

10.8 	ARTICLE 2
10.9 	ELECTION ADMINISTRATION AND INTEGRITY

10.10 	Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to 
10.11 	read:
10.12 		Subd. 2.Residential housing list. All postsecondary institutions that enroll students 
10.13 	accepting state or federal financial aid may prepare a current list of students enrolled in the 
10.14 	institution and residing in the institution's housing or within ten miles of the institution's 
10.15 	campus. The list shall include each student's current address. The list shall be certified and 
10.16 	sent to the appropriate county auditor or auditors, in an electronic format approved by the 
10.17 	secretary of state, for use in election day registration as provided under section 201.061, 
10.18 	subdivision 3. A residential housing list provided under this subdivision may not be used 
10.19 	or disseminated by a county auditor or the secretary of state for any other purpose.

10.20 	Sec. 2. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
10.21 	Any administrative rule authorized by the Minnesota Election Law and promulgated 
10.22 	by the secretary of state shall not take effect until the rule has been enacted into law by the 
10.23 	legislature and approved by the governor.

10.24 	EFFECTIVE DATE. This section is effective the day following final enactment, 
10.25 	and applies to rules adopted on or after that date.

10.26 	Sec. 3. Minnesota Statutes 2010, section 201.021, is amended to read:
10.27 	201.021 PERMANENT REGISTRATION SYSTEM.
10.28 	A permanent system of voter registration by county is established, with a single, 
10.29 	official, centralized, interactive computerized statewide voter registration list defined, 
10.30 	maintained, and administered at the state level that contains the name and registration 
10.31 	information of every legally registered voter in the state, and assigns a unique identifier 
11.1 	to each legally registered voter in the state. The unique identifier shall be permanently 
11.2 	assigned to the voter and may not be changed or reassigned to another voter. The 
11.3 	interactive computerized statewide voter registration list constitutes the official list of every 
11.4 	legally registered voter in the state. The county auditor shall be chief registrar of voters 
11.5 	and the chief custodian of the official registration records in each county. The secretary of 
11.6 	state is responsible for defining, maintaining, and administering the centralized system.

11.7 	Sec. 4. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
11.8 		Subdivision 1.Establishment. The secretary of state shall maintain a statewide 
11.9 	voter registration system to facilitate voter registration and to provide a central database 
11.10 	containing voter registration information from around the state. The system must be 
11.11 	accessible to the county auditor of each county in the state. The system must also:
11.12 	(1) provide for voters to submit their voter registration applications to any county 
11.13 	auditor, the secretary of state, or the Department of Public Safety;
11.14 	(2) provide for the definition, establishment, and maintenance of a central database 
11.15 	for all voter registration information;
11.16 	(3) provide for entering data into the statewide registration system;
11.17 	(4) provide for electronic transfer of completed voter registration applications from 
11.18 	the Department of Public Safety to the secretary of state or the county auditor;
11.19 	(5) assign a unique, permanent identifier to each legally registered voter in the state;
11.20 	(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 
11.21 	state identification number, and last four digits of the Social Security number for each 
11.22 	voter record;
11.23 	(7) coordinate with other agency databases within the state;
11.24 	(8) allow county auditors and the secretary of state to add or modify information in 
11.25 	the system to provide for accurate and up-to-date records;
11.26 	(9) allow county auditors, municipal and school district clerks, and the secretary 
11.27 	of state to have electronic access to the statewide registration system for review and 
11.28 	search capabilities;
11.29 	(10) provide security and protection of all information in the statewide registration 
11.30 	system and ensure that unauthorized access is not allowed;
11.31 	(11) provide access to municipal clerks to use the system;
11.32 	(12) provide a system for each county to identify the precinct to which a voter 
11.33 	should be assigned for voting purposes;
11.34 	(13) provide daily reports accessible by county auditors on the driver's license 
11.35 	numbers, state identification numbers, or last four digits of the Social Security numbers 
12.1 	submitted on voter registration applications that have been verified as accurate by the 
12.2 	secretary of state; and
12.3 	(14) provide reports on the number of absentee ballots transmitted to and returned 
12.4 	and cast by voters under section 203B.16. 
12.5 	The appropriate state or local official shall provide security measures to prevent 
12.6 	unauthorized access to the computerized list established under section 201.021. 

12.7 	Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
12.8 		Subd. 7.Record of attempted registrations. The election judge responsible for 
12.9 	election day registration shall attempt to keep a record of the number of individuals who 
12.10 	attempt to register on election day but who cannot provide proof of residence as required 
12.11 	by this section. The record shall be forwarded to the county auditor with the election 
12.12 	returns for that precinct.

12.13 	Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
12.14 		Subd. 3.Deficient registration. No voter registration application is deficient if it 
12.15 	contains the voter's name, address, date of birth, current and valid Minnesota driver's 
12.16 	license number or Minnesota state identification number, or if the voter has no current and 
12.17 	valid Minnesota driver's license or Minnesota state identification number, the last four 
12.18 	digits of the voter's Social Security number, if the voter has been issued a Social Security 
12.19 	number, prior registration, if any, and signature. The absence of a zip code number does 
12.20 	not cause the registration to be deficient. Failure to check a box on an application form 
12.21 	that a voter has certified to be true does not cause the registration to be deficient. The 
12.22 	election judges shall request an individual to correct a voter registration application if it is 
12.23 	deficient or illegible. No eligible voter may be prevented from voting unless the voter's 
12.24 	registration application is deficient or the voter is duly and successfully challenged in 
12.25 	accordance with section 201.195 or 204C.12.
12.26 	A voter registration application accepted prior to August 1, 1983, is not deficient for 
12.27 	lack of date of birth. The county or municipality may shall attempt to obtain the date of 
12.28 	birth for a voter registration application accepted prior to August 1, 1983, by a request to 
12.29 	the voter at any time except at the polling place. Failure by the voter to comply with this 
12.30 	request does not make the registration deficient.
12.31 	A voter registration application accepted before January 1, 2004, is not deficient for 
12.32 	lack of a valid Minnesota driver's license or state identification number or the last four 
12.33 	digits of a Social Security number. A voter registration application submitted by a voter 
13.1 	who does not have a Minnesota driver's license or state identification number, or a Social 
13.2 	Security number, is not deficient for lack of any of these numbers.

13.3 	Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
13.4 	201.081 REGISTRATION FILES.
13.5 	The statewide registration system is the official record of registered voters. The voter 
13.6 	registration applications and the terminal providing access to the statewide registration 
13.7 	system must be under the control of the county auditor or the public official to whom the 
13.8 	county auditor has delegated the responsibility for maintaining voter registration records. 
13.9 	The voter registration applications and terminals providing access to the statewide 
13.10 	registration system must not be removed from the control of the county auditor except 
13.11 	as provided in this section. The county auditor may make photographic copies of voter 
13.12 	registration applications in the manner provided by section 138.17.
13.13 	A properly completed voter registration application that has been submitted to the 
13.14 	secretary of state or a county auditor must be maintained by the secretary of state or 
13.15 	the county auditor for at least 22 36 months after the date that the information on the 
13.16 	application is entered into the database of the statewide registration system. The secretary 
13.17 	of state or the county auditor may dispose of the applications after retention for 22 36
13.18 	months in the manner provided by section 138.17.

13.19 	Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
13.20 		Subdivision 1.Entry of registration information. (a) At the time a voter 
13.21 	registration application is properly completed, submitted, and received in accordance with 
13.22 	sections 201.061 and 201.071, the county auditor shall enter the information contained on 
13.23 	it into the statewide registration system. Voter registration applications completed before 
13.24 	election day must be entered into the statewide registration system within ten days after 
13.25 	they have been submitted to the county auditor. Voter registration applications completed 
13.26 	on election day must be entered into the statewide registration system within 42 days after 
13.27 	the election, unless the county auditor notifies the secretary of state before the 42-day 
13.28 	deadline has expired that the deadline will not be met. 
13.29 	(b) Upon receiving a completed voter registration application, the secretary of state 
13.30 	may electronically transmit the information on the application to the appropriate county 
13.31 	auditor as soon as possible for review by the county auditor before final entry into the 
13.32 	statewide registration system. The secretary of state may mail the voter registration 
13.33 	application to the county auditor.
14.1 	(c) Within ten days after the county auditor has entered information from a voter 
14.2 	registration application into the statewide registration system, the secretary of state shall 
14.3 	compare the voter's name, date of birth, and driver's license number, state identification 
14.4 	number, or the last four digits of the Social Security number with the same information 
14.5 	contained in the Department of Public Safety database.
14.6 	(d) The secretary of state shall provide a report to the county auditor on a weekly 
14.7 	basis that includes a list of voters whose name, date of birth, or identification number have 
14.8 	been compared with the same information in the Department of Public Safety database 
14.9 	and cannot be verified as provided in this subdivision. The report must list separately 
14.10 	those voters who have submitted a voter registration application by mail and have not 
14.11 	voted in a federal election in this state.
14.12 	(e) The county auditor shall compile a list of voters for whom the county auditor 
14.13 	and the secretary of state are unable to conclude that information on the voter registration 
14.14 	application and the corresponding information in the Department of Public Safety database 
14.15 	relate to the same person.
14.16 	(f) The county auditor shall send a notice of incomplete registration to any voter 
14.17 	whose name appears on the list and change the voter's status to "incomplete." A voter who 
14.18 	receives a notice of incomplete registration from the county auditor may either provide 
14.19 	the information required to complete the registration at least 21 days before the next 
14.20 	election or at the polling place on election day.

14.21 	Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
14.22 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
14.23 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
14.24 	individuals registered on election day. The random sampling shall be determined in 
14.25 	accordance with the rules of the secretary of state. As soon as practicable after the 
14.26 	election, but no later than January 1 of the following year, the county auditor shall mail 
14.27 	the notice required by subdivision 2 to all other individuals registered on election day. 
14.28 	If a notice is returned as not deliverable, the county auditor shall attempt to determine 
14.29 	the reason for the return. A county auditor who does not receive or obtain satisfactory 
14.30 	proof of an individual's eligibility to vote shall immediately notify the county attorney of 
14.31 	all of the relevant information and the secretary of state of the numbers by precinct. By 
14.32 	March 1 of every odd-numbered year, the secretary of state shall report to the chair and 
14.33 	ranking minority members of the legislative committees with jurisdiction over elections 
14.34 	the number of notices reported under this subdivision to the secretary of state for the 
14.35 	previous state general election by county and precinct.

15.1 	Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:
15.2 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
15.3 	REGISTRATION REMOVED.
15.4 	Within six weeks after every election, the county auditor shall post the voting 
15.5 	history for every person who voted in the election. After the close of the calendar year, the 
15.6 	secretary of state shall determine if any registrants have not voted during the preceding 
15.7 	four years. The secretary of state shall perform list maintenance by changing the status of 
15.8 	those registrants to "inactive" in the statewide registration system. The list maintenance 
15.9 	performed must be conducted in a manner that ensures that the name of each registered 
15.10 	voter appears in the official list of eligible voters in the statewide registration system. 
15.11 	A voter must not be removed from the official list of eligible voters unless the voter is 
15.12 	not eligible or is not registered to vote. List maintenance must include procedures for 
15.13 	eliminating duplicate names from the official list of eligible voters.
15.14 	The secretary of state shall also prepare a report to the county auditor containing the 
15.15 	names of all registrants whose status was changed to "inactive."
15.16 	Registrants whose status was changed to "inactive" must register in the manner 
15.17 	specified in section 201.054 before voting in any primary, special primary, general, school 
15.18 	district, or special election, as required by section 201.018.
15.19 	Although not counted in an election, a late or rejected absentee or mail ballot must 
15.20 	be considered a vote for the purpose of continuing registration under this section, but is 
15.21 	not considered voting history for the purpose of public information lists available under 
15.22 	section 201.091, subdivision 4.

15.23 	Sec. 11. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
15.24 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
15.25 	prescribe the form of polling place rosters that include the voter's name, address, date of 
15.26 	birth, school district number, and space for the voter's signature. The secretary of state 
15.27 	may prescribe additional election-related information to be placed on the polling place 
15.28 	rosters on an experimental basis for one state primary and general election cycle; the same 
15.29 	information may not be placed on the polling place roster for a second state primary and 
15.30 	general election cycle unless specified in this subdivision. The polling place roster must 
15.31 	be used to indicate whether the voter has voted in a given election. The secretary of state 
15.32 	shall prescribe procedures for transporting the polling place rosters to the election judges 
15.33 	for use on election day. The secretary of state shall prescribe the form for a county or 
15.34 	municipality to request the date of birth from currently registered voters. The county or 
15.35 	municipality shall not request the date of birth from currently registered voters by any 
16.1 	communication other than the prescribed form and the form must clearly indicate that a 
16.2 	currently registered voter does not lose registration status by failing to provide the date of 
16.3 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
16.4 	polling place rosters used on the date of election for 22 36 months following the election. 

16.5 	Sec. 12. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
16.6 		Subdivision 1.Application procedures. (a) Except as otherwise allowed by 
16.7 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 
16.8 	any election may be submitted at any time not less than one day before the day of that 
16.9 	election. The county auditor shall prepare absentee ballot application forms in the format 
16.10 	provided by the secretary of state and shall furnish them to any person on request. By 
16.11 	January 1 of each even-numbered year, the secretary of state shall make the forms to be 
16.12 	used available to auditors through electronic means. An application submitted pursuant to 
16.13 	this subdivision shall be in writing and shall be submitted to:
16.14 	(1) the county auditor of the county where the applicant maintains residence; or
16.15 	(2) the municipal clerk of the municipality, or school district if applicable, where 
16.16 	the applicant maintains residence.
16.17 	(b) An application shall be approved if it is timely received, signed and dated by the 
16.18 	applicant, and contains:
16.19 	(1) the applicant's name and residence and mailing addresses,;
16.20 	(2) the applicant's date of birth, and at least one of the following:;
16.21 	(3) the applicant's Minnesota driver's license number or Minnesota state 
16.22 	identification card number; and
16.23 	(4) the last four digits of the applicant's Social Security number or a statement that 
16.24 	the applicant does not have a Social Security number.
16.25 	(1) the applicant's Minnesota driver's license number;
16.26 	(2) Minnesota state identification card number;
16.27 	(3) the last four digits of the applicant's Social Security number; or
16.28 	(4) a statement that the applicant does not have any of these numbers.
16.29 	To be approved, the application must state that the applicant is eligible to vote by 
16.30 	absentee ballot for one of the reasons specified in section 203B.02, and must contain an 
16.31 	oath that the information contained on the form is accurate, that the applicant is applying 
16.32 	on the applicant's own behalf, and that the applicant is signing the form under penalty 
16.33 	of perjury.
16.34 	Prior to approval, the county auditor or municipal clerk must verify that the 
16.35 	Minnesota driver's license or state identification card number submitted by an applicant 
17.1 	is valid and assigned to that applicant. An application that contains a driver's license or 
17.2 	identification card number that is invalid or not assigned to the applicant must be rejected. 
17.3 	The county auditor or municipal clerk must also verify that the applicant does not appear 
17.4 	on any lists of known ineligible voters maintained by the county auditor or municipal 
17.5 	clerk, or provided to the county auditor or municipal clerk by the secretary of state. When 
17.6 	verifying eligibility, the county auditor or municipal clerk must use the same standards 
17.7 	and process as used for individuals appearing in the polling place on election day, except 
17.8 	that an applicant is not required to appear in person or present photo identification meeting 
17.9 	the standards of section 204C.10, subdivision 2.
17.10 	(c) An applicant's full date of birth, Minnesota driver's license or state identification 
17.11 	number, and the last four digits of the applicant's Social Security number must not be 
17.12 	made available for public inspection. An application may be submitted to the county 
17.13 	auditor or municipal clerk by an electronic facsimile device. An application mailed or 
17.14 	returned in person to the county auditor or municipal clerk on behalf of a voter by a 
17.15 	person other than the voter must be deposited in the mail or returned in person to the 
17.16 	county auditor or municipal clerk within ten days after it has been dated by the voter and 
17.17 	no later than six days before the election. The absentee ballot applications or a list of 
17.18 	persons applying for an absentee ballot may not be made available for public inspection 
17.19 	until the close of voting on election day.
17.20 	An application under this subdivision may contain an application under subdivision 
17.21 	5 to automatically receive an absentee ballot application.

17.22 	Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
17.23 		Subd. 2.Health care patient. An eligible voter who on the day before an election 
17.24 	becomes a resident or patient in a health care facility or hospital located in the municipality 
17.25 	in which the eligible voter maintains residence may apply for absentee ballots on election 
17.26 	day if the voter:
17.27 	(a) requests an application form by telephone from the municipal clerk not later than 
17.28 	5:00 p.m. on the day before election day; or.
17.29 	(b) submits an absentee ballot application to the election judges engaged in 
17.30 	delivering absentee ballots pursuant to section 203B.11.

17.31 	Sec. 14. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
17.32 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
17.33 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
18.1 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
18.2 	preserved by the county auditor or municipal clerk for 22 36 months.

18.3 	Sec. 15. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
18.4 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
18.5 	county, municipality, and school district with responsibility to accept and reject absentee 
18.6 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
18.7 	of a sufficient number of election judges trained in the handling of absentee ballots and 
18.8 	appointed as provided in sections 204B.19 to 204B.22. The board may include staff 
18.9 	trained as election judges.
18.10 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
18.11 	jurisdiction's ballot board for services rendered during an election.
18.12 	(c) A ballot board may only meet to perform its duties under this chapter during the 
18.13 	period in which completed absentee ballots are accepted for an election. The time and 
18.14 	place of each meeting must be scheduled, announced, and posted on the Web site of 
18.15 	the governing body of the county, municipality, or school district at least 14 days prior 
18.16 	to convening the first meeting of the ballot board for an election. Meetings of the ballot 
18.17 	board must be convened every business day, at the same time and in the same location. 
18.18 	The ballot board must also meet on any day during which the county or municipal offices 
18.19 	are open for the purposes of conducting election business prior to an election. A ballot 
18.20 	board may not meet except during regularly scheduled meetings announced and posted as 
18.21 	required by this paragraph.
18.22 	(c) (d) Except as otherwise provided by this section, all provisions of the Minnesota 
18.23 	Election Law apply to a ballot board.

18.24 	Sec. 16. Minnesota Statutes 2010, section 204B.40, is amended to read:
18.25 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
18.26 	DISPOSITION; INSPECTION OF BALLOTS.
18.27 	The county auditors, municipal clerks, and school district clerks shall retain all 
18.28 	election materials returned to them after any election for at least 22 36 months from 
18.29 	the date of that election. All election materials involved in a contested election must be 
18.30 	retained for 22 36 months or until the contest has been finally determined, whichever is 
18.31 	later. Abstracts filed by canvassing boards shall be retained permanently by any officer 
18.32 	with whom those abstracts are filed. Election materials no longer required to be retained 
18.33 	pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. 
18.34 	Sealed envelopes containing voted ballots must be retained unopened, except as provided 
19.1 	in this section, in a secure location. The county auditor, municipal clerk, or school district 
19.2 	clerk shall not permit any voted ballots to be tampered with or defaced.
19.3 	After the time for filing a notice of contest for an election has passed, the secretary 
19.4 	of state may, for the purpose of monitoring and evaluating election procedures: (1) 
19.5 	open the sealed ballot envelopes and inspect the ballots for that election maintained by 
19.6 	the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 
19.7 	place rosters and completed voter registration applications; or (3) examine other forms 
19.8 	required in the Minnesota election laws for use in the polling place. No inspected ballot or 
19.9 	document may be marked or identified in any manner. After inspection, all ballots must be 
19.10 	returned to the ballot envelope and the ballot envelope must be securely resealed. Any 
19.11 	other election materials inspected or examined must be secured or resealed. No polling 
19.12 	place roster may be inspected until the voting history for that precinct has been posted. 
19.13 	No voter registration application may be inspected until the information on it has been 
19.14 	entered into the statewide registration system.

19.15 	Sec. 17. Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:
19.16 		Subdivision 1. Physical assistance in marking ballots. A voter who claims a need 
19.17 	for assistance because of inability to read English or physical inability to mark a ballot
19.18 	blindness, disability, or inability to read or write may obtain the aid of two election judges 
19.19 	who are members of different major political parties. The election judges shall mark the 
19.20 	ballots as directed by the voter and in as secret a manner as circumstances permit. If the 
19.21 	voter is deaf or cannot speak English or understand it when it is spoken, the election 
19.22 	judges may select two individuals who are members of different major political parties 
19.23 	to provide assistance. The individuals shall assist the voter in marking the ballots. A 
19.24 	voter in need of assistance may alternatively obtain the assistance of any individual the 
19.25 	voter chooses. Only the following persons may not provide assistance to a voter: the 
19.26 	voter's employer, an agent of the voter's employer, an officer or agent of the voter's union, 
19.27 	or a candidate for election. A voter may also not be assisted by a paid caregiver to the 
19.28 	voter or an agent of the paid caregiver, unless the voter is deafblind, has a severe speech 
19.29 	impediment which prevents communication, or the voter independently requests the 
19.30 	assistance of the caregiver. The person who assists the voter shall, unaccompanied by an 
19.31 	election judge, retire with that voter to a booth and mark the ballot as directed by the voter. 
19.32 	No person who assists another voter as provided in the preceding sentence shall mark the 
19.33 	ballots of more than three voters at one election. Before the ballots are deposited, the 
19.34 	voter may show them privately to an election judge to ascertain that they are marked as 
19.35 	the voter directed. An election judge or other individual assisting a voter shall not in any 
20.1 	manner request, persuade, induce, or attempt to persuade or induce the voter to vote for 
20.2 	any particular political party or candidate. The election judges or other individuals who 
20.3 	assist the voter shall not reveal to anyone the name of any candidate for whom the voter 
20.4 	has voted or anything that took place while assisting the voter.

20.5 	Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
20.6 		Subdivision 1.Determination of proper number. The election judges shall 
20.7 	determine the number of ballots to be counted by adding the number of return envelopes 
20.8 	from accepted absentee ballots to the number of signed voter's certificates, or to the 
20.9 	number of names entered in the election register counting the number of original voter 
20.10 	signatures contained in the polling place roster, or on voter's receipts generated from an 
20.11 	electronic roster. The election judges may not count the number of voter receipts collected 
20.12 	in the precinct as a substitute for counting original voter signatures unless the voter 
20.13 	receipts contain the name, voter identification number, and signature of the voter to whom 
20.14 	the receipt was issued. The election judges shall then remove all the ballots from the box. 
20.15 	Without considering how the ballots are marked, the election judges shall ascertain that 
20.16 	each ballot is separate and shall count them to determine whether the number of ballots in 
20.17 	the box corresponds with the number of ballots to be counted.

20.18 	Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
20.19 		Subd. 2.Excess ballots. If two or more ballots are found folded together like 
20.20 	a single ballot, the election judges shall lay them aside until all the ballots in the box 
20.21 	have been counted. If it is evident from the number of ballots to be counted that the 
20.22 	ballots folded together were cast by one voter, the election judges shall preserve but not 
20.23 	count them. If the number of ballots in one box exceeds the number to be counted, the 
20.24 	election judges shall examine all the ballots in the box to ascertain that all are properly 
20.25 	marked with the initials of the election judges. If any ballots are not properly marked with 
20.26 	the initials of the election judges, the election judges shall preserve but not count them; 
20.27 	however, if the number of ballots does not exceed the number to be counted, the absence 
20.28 	of either or both sets of initials of the election judges does not, by itself, disqualify the 
20.29 	vote from being counted and must not but may be the basis of a challenge in a recount. 
20.30 	If there is still an excess of properly marked ballots, the election judges shall replace 
20.31 	them in the box, and one election judge, without looking, shall withdraw from the box 
20.32 	a number of ballots equal to the excess. The withdrawn ballots shall not be counted but 
20.33 	shall be preserved as provided in subdivision 4.

21.1 	Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
21.2 		Subd. 4.Ballots not counted; disposition. When the final count of ballots agrees 
21.3 	with the number of ballots to be counted, those ballots not counted shall be clearly marked 
21.4 	"excess" on the front of the ballot and attached to a certificate made by the election judges 
21.5 	which states the number of ballots not counted and why the ballots they were not counted. 
21.6 	The certificate and uncounted ballots shall be sealed in a separate envelope and returned 
21.7 	to clearly marked "excess ballots." The election judges shall sign their names over the 
21.8 	envelope seal and return the ballots to the county auditor or municipal or school district 
21.9 	clerk from whom they were received. Tabulation of vote totals from a precinct where 
21.10 	excess ballots were removed from the ballot box shall be completed by the canvassing 
21.11 	board responsible for certifying the election results from that precinct.

21.12 	Sec. 21. Minnesota Statutes 2010, section 204C.20, is amended by adding a 
21.13 	subdivision to read:
21.14 		Subd. 5.Applicability. The requirements of this section apply regardless of the 
21.15 	voting system or method of tabulation used in a precinct.

21.16 	Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:
21.17 	204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
21.18 	(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election 
21.19 	judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and 
21.20 	returned as required by section 204C.25. 
21.21 	(b) A ballot that is defective to the extent that the election judges are unable to 
21.22 	determine the voter's intent shall be marked on the back "Defective" if it is totally 
21.23 	defective or "Defective as to ......," naming the office or question if it is defective only in 
21.24 	part. Defective ballots must be placed in an envelope designated for defective ballots from 
21.25 	the precinct, sealed, and returned as required by section 204C.25.
21.26 	(c) A damaged or defective ballot that requires duplication must be handled as 
21.27 	required by section 206.86, subdivision 5.

21.28 	Sec. 23. Minnesota Statutes 2010, 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) (1) 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) (2) the number of votes each candidate received or the number of yes and no 
22.5 	votes on each question, the number of undervotes, the number of overvotes, and the 
22.6 	number of defective ballots with respect to each office or question;
22.7 	(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the 
22.8 	number of absentee ballots rejected, and the number of unused ballots, presuming that the 
22.9 	total count provided on each package of unopened prepackaged ballots is correct;
22.10 	(4) the number of ballots cast;
22.11 	(d) (5) the number of individuals who voted at the election in the precinct voter 
22.12 	signatures contained on the polling place roster or on voter receipts generated by an 
22.13 	electronic roster, which must equal the total number of ballots cast in the precinct, as 
22.14 	required by sections 204C.20 and 206.86, subdivision 1;
22.15 	(6) the number of excess ballots removed by the election judges, as required by 
22.16 	section 204C.20;
22.17 	(e) (7) the number of voters registering on election day in that precinct; and
22.18 	(f) (8) the signatures of the election judges who counted the ballots certifying that 
22.19 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
22.20 	entered by the election judges on the summary statements correctly show the number of 
22.21 	votes cast for each candidate and for and against each question.
22.22 	At least two copies of the summary statement must be prepared for elections not 
22.23 	held on the same day as the state elections.

22.24 	Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
22.25 		Subdivision 1.At the voting location Precinct polling locations; duties; 
22.26 	reconciliation. In precincts where an electronic voting system is used, as soon as the polls 
22.27 	are closed the election judges shall secure the voting systems against further voting. They 
22.28 	shall then open the ballot box and count the number of ballot cards ballots or envelopes 
22.29 	containing ballot cards that have been cast to determine that the number of ballot cards
22.30 	ballots does not exceed the number of voters shown on original voter signatures contained 
22.31 	in the election register or registration file polling place roster or on voter receipts generated 
22.32 	from an electronic roster. The election judges may not count the number of voter receipts 
22.33 	collected in the precinct as a substitute for counting original voter signatures unless the 
22.34 	voter receipts contain the name, voter identification number, and signature of the voter to 
22.35 	whom the receipt was issued. If there is an excess, the judges shall seal the ballots in a 
23.1 	ballot container and transport the container to the county auditor or municipal clerk who 
23.2 	shall process the ballots in the same manner as paper ballots are processed in section 
23.3 	204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the manner 
23.4 	required for excess ballots under section 204C.20, subdivisions 2 to 4. The total number 
23.5 	of voters must be entered on the forms provided. The judges shall next count the write-in 
23.6 	votes and enter the number of those votes on forms provided for the purpose. 

23.7 	Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
23.8 		Subd. 2.Transportation of ballot cards. The judges shall place all voted ballot 
23.9 	cards, excess ballots, defective ballots, and damaged ballots in the container provided for 
23.10 	transporting them to the counting center. The container must be sealed and delivered 
23.11 	immediately to the counting center by two judges who are not of the same major political 
23.12 	party. The judges shall also deliver to the counting center in a suitable container the 
23.13 	unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued to 
23.14 	the voters and deposited during the day in the ballot box.

23.15 	Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
23.16 		Subdivision 1.Manner; time; contents. Service of a notice of contest must be 
23.17 	made in the same manner as the service of summons in civil actions. The notice of contest 
23.18 	must specify the grounds on which the contest will be made. The contestant shall serve 
23.19 	notice of the contest on the parties enumerated in this section. Notice must be served and 
23.20 	filed within five days after the canvass is completed in the case of a primary or special 
23.21 	primary or within seven days after the canvass is completed in the case of a special or 
23.22 	general election; except that:
23.23 	(1) if a contest is based on a deliberate, serious, and material violation of the election 
23.24 	laws which was discovered from the statements of receipts and disbursements required 
23.25 	to be filed by candidates and committees, the action may be commenced and the notice 
23.26 	served and filed within ten days after the filing of the statements in the case of a general 
23.27 	or special election or within five days after the filing of the statements in the case of a 
23.28 	primary or special primary.;
23.29 	(2) if a notice of contest questions only which party received the highest number 
23.30 	of votes legally cast at the election, a contestee who loses may serve and file a notice of 
23.31 	contest on any other ground during the three days following expiration of the time for 
23.32 	appealing the decision on the vote count.; and
23.33 	(3) if data or documents necessary to determine grounds for a contest, including but 
23.34 	not limited to lists of the names of every voter who participated in an election, are not 
24.1 	available to a candidate or the general public prior to the close of the period for filing a 
24.2 	notice of contest under this section due to nonfeasance, malfeasance, or failure to perform 
24.3 	duties within the time required by statute on the part of the secretary of state, a county 
24.4 	auditor, or other state, county, or municipal election official, a notice of contest may be 
24.5 	served and filed within seven days after the data or documents become available for 
24.6 	inspection by the candidates and the general public.

24.7 	Sec. 27. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
24.8 		Subdivision 1.Appointment of inspectors. After a contest has been instituted, 
24.9 	either party may have the ballots all materials relating to the election, including but not 
24.10 	limited to polling place rosters, voter registration applications, accepted absentee ballot 
24.11 	envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct 
24.12 	summary statements, printouts from voting machines, and precinct incident logs, inspected 
24.13 	before preparing for trial. The party requesting an inspection shall file with the district 
24.14 	court where the contest is brought a verified petition, stating that the case cannot properly 
24.15 	be prepared for trial without an inspection of the ballots and designating the precincts in 
24.16 	which an inspection is desired. A judge of the court in which the contest is pending shall 
24.17 	then appoint as many sets of three inspectors for a contest of any office or question as are 
24.18 	needed to count and inspect the ballots expeditiously. One inspector must be selected by 
24.19 	each of the parties to the contest and a third must be chosen by those two inspectors. If 
24.20 	either party neglects or refuses to name an inspector, the judge shall appoint the inspector. 
24.21 	The compensation of inspectors is the same as for referees, unless otherwise stipulated.

24.22 	Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
24.23 		Subdivision 1.Soliciting near polling places. A person may not display campaign 
24.24 	material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 
24.25 	a polling place or within 100 feet of the building in which a polling place is situated, 
24.26 	or anywhere on the public property on which a polling place is situated, on primary or 
24.27 	election day to vote for or refrain from voting for a candidate or ballot question. A person 
24.28 	may not provide political badges, political buttons, or other political insignia to be worn at 
24.29 	or about the polling place on the day of a primary or election. A political badge, political 
24.30 	button, or other political insignia may not be worn at or about the polling place on primary 
24.31 	or election day if it is designed to influence voting for or against a particular candidate, 
24.32 	political party, or question on the ballot at the election. This section applies to areas 
24.33 	established by the county auditor or municipal clerk for absentee voting as provided in 
24.34 	chapter 203B.
25.1 	The secretary of state, county auditor, municipal clerk, or school district clerk may 
25.2 	provide stickers which contain the words "I VOTED" and nothing more. Election judges 
25.3 	may offer a sticker of this type to each voter who has signed the polling place roster
25.4 	or a voter's receipt.

25.5 	Sec. 29.  REPEALER.
 25.6 	(a) Minnesota Statutes 2010, sections 203B.04, subdivision 3; and 204B.36, 
25.7 	subdivision 5, are repealed.
25.8 	(b) Minnesota Rules, parts 8200.0300; 8200.0800; 8200.1100; 8200.1200, subparts 
25.9 	1, 1b, 2, and 3; 8200.1700; 8200.1800; 8200.2100; 8200.2200; 8200.2500; 8200.2600; 
25.10 	8200.2700; 8200.2900; 8200.2950; 8200.3000; 8200.3100, subpart 1; 8200.3110; 
25.11 	8200.3200; 8200.3500; 8200.3550; 8200.3600; 8200.3700; 8200.3800, subpart 1; 
25.12 	8200.3900; 8200.4000; 8200.5100; 8200.5200; 8200.5300; 8200.5400; 8200.5500; 
25.13 	8200.5600; 8200.5800; 8200.6100; 8200.6200; 8200.6400; 8200.7100; 8200.7200; 
25.14 	8200.9115, subparts 1 and 3; 8200.9120; 8200.9300, subparts 7, 8, 9, 10, and 11; 
25.15 	8200.9305; 8200.9310, subparts 1, 2, 3, and 5; 8200.9315; 8200.9320; 8200.9325; 
25.16 	8200.9939; 8200.9940; 8200.9950; 8200.9960; 8205.1010; 8205.1020; 8205.1030; 
25.17 	8205.1040; 8205.1050; 8205.2000, subparts 1, 1a, 3, and 4; 8205.2010; 8205.2100, 
25.18 	subpart 1; 8205.2110, subparts 1, 1a, 3, and 4; 8205.2120; 8210.0050; 8210.0100; 
25.19 	8210.0200, subpart 4; 8210.0225; 8210.0300; 8210.0500; 8210.0600, subparts 1, 1a, 1b, 
25.20 	2, and 3; 8210.0710; 8210.0720; 8210.0730; 8210.0800, subparts 3, 3a, and 4; 8210.1000; 
25.21 	8210.2000; 8210.2100; 8210.2200; 8210.2300; 8210.2400; 8210.2450; 8210.2500; 
25.22 	8210.2600; 8210.2700; 8210.3000, subparts 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 8, 9, 10, 11, 12, and 
25.23 	13; 8220.0050; 8220.0150; 8220.0250, subparts 1, 1a, 3a, 3b, 4a, 5a, 5b, 11, 14, 15, 16, 
25.24 	18, 18a, 21, 22a, 22b, 24, 26, 28a, 30, 33, and 35; 8220.0325; 8220.0350; 8220.0450; 
25.25 	8220.0550; 8220.0650; 8220.0700; 8220.0750; 8220.0800; 8220.0825; 8220.0850; 
25.26 	8220.1050; 8220.1150; 8220.1350; 8220.1450; 8220.1550; 8220.1650; 8220.1750; 
25.27 	8220.1850; 8220.2050; 8220.2250; 8220.2850; 8220.2860; 8220.2865; 8230.0050; 
25.28 	8230.0150; 8230.0250; 8230.0560; 8230.0570; 8230.0580; 8230.0650; 8230.0850; 
25.29 	8230.1050; 8230.1130; 8230.1150, subparts 1 and 3; 8230.1350; 8230.1450; 8230.1850; 
25.30 	8230.1860; 8230.2010; 8230.2020; 8230.2030; 8230.2040; 8230.2050; 8230.2150; 
25.31 	8230.2250; 8230.2450; 8230.3450; 8230.3550; 8230.3560; 8230.3750, subparts 1, 2, 4, 
25.32 	and 5; 8230.3850; 8230.3950; 8230.4050; 8230.4150; 8230.4325; 8230.4355; 8230.4360; 
25.33 	8230.4365; 8230.4370; 8230.4375; 8230.4380; 8230.4385; 8230.4390; 8230.4395; 
25.34 	8240.0100; 8240.0200; 8240.0300; 8240.1050; 8240.1100; 8240.1200; 8240.1300; 
25.35 	8240.1350; 8240.1400; 8240.1500; 8240.1600; 8240.1655, subparts 1, 2, 3, 4, and 6; 
26.1 	8240.1750; 8240.1800; 8240.1900; 8240.1950; 8240.2000; 8240.2100; 8240.2200; 
26.2 	8240.2300; 8240.2400; 8240.2500; 8240.2700; 8240.2800; 8240.2850; 8240.2900; 
26.3 	8250.0100; 8250.0200; 8250.0300; 8250.0350; 8250.0365; 8250.0370; 8250.0375; 
26.4 	8250.0385; 8250.0390; 8250.0395; 8250.0397; 8250.0398; 8250.0400; 8250.0500; 
26.5 	8250.0600; 8250.0700; 8250.0800; 8250.0900; 8250.1000; 8250.1100; 8250.1200; 
26.6 	8250.1600; and 8250.1810, are repealed.

26.7 	EFFECTIVE DATE. Paragraph (b) is effective May 21, 2012.

26.8 	ARTICLE 3
26.9 	ELECTRONIC ROSTERS

26.10 	Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a 
26.11 	subdivision to read:
26.12 		Subd. 12a.Polling place roster. "Polling place roster" means the official lists used 
26.13 	to record a voter's appearance in a polling place on election day, including the list of 
26.14 	registered voters in the precinct, and the list of voters registering on election day. A polling 
26.15 	place roster may be in a printed or electronic format, as permitted by section 201.225.

26.16 	Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
26.17 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
26.18 	prescribe the form of polling place rosters that include the voter's name, address, date of 
26.19 	birth, school district number, and space for the voter's signature. A polling place roster 
26.20 	provided in an electronic form must allow for a printed voter's receipt that meets the 
26.21 	standards provided in section 201.225, subdivision 2. The secretary of state may prescribe 
26.22 	additional election-related information to be placed on the polling place rosters on an 
26.23 	experimental basis for one state primary and general election cycle; the same information 
26.24 	may not be placed on the polling place roster for a second state primary and general 
26.25 	election cycle unless specified in this subdivision. The polling place roster must be used 
26.26 	to indicate whether the voter has voted in a given election. The secretary of state shall 
26.27 	prescribe procedures for transporting the polling place rosters to the election judges 
26.28 	for use on election day. The secretary of state shall prescribe the form for a county or 
26.29 	municipality to request the date of birth from currently registered voters. The county or 
26.30 	municipality shall not request the date of birth from currently registered voters by any 
26.31 	communication other than the prescribed form and the form must clearly indicate that a 
26.32 	currently registered voter does not lose registration status by failing to provide the date of 
27.1 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
27.2 	polling place rosters used on the date of election for 22 36 months following the election. 

27.3 	Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
27.4 		Subdivision 1.Requirement; certification of system. (a) Except as provided in 
27.5 	paragraph (c), each precinct must have a secure electronic connection to the statewide 
27.6 	voter registration system maintained by the secretary of state, to serve as the precinct's 
27.7 	electronic polling place roster.
27.8 	(b) Precincts may not use an electronic roster until the secretary of state has certified 
27.9 	that the secure electronic connection to the statewide voter registration system is sufficient 
27.10 	to prevent any voter from voting more than once at an election and to prevent access to 
27.11 	the system by unauthorized individuals.
27.12 	(c)(1) If the county auditor or municipal clerk certifies to the secretary of state that a 
27.13 	precinct is unable to access the statewide connection, the precinct may use two computers 
27.14 	connected together in the precinct as the electronic roster. At a minimum, computers used 
27.15 	in a precinct that do not have a live connection to the statewide voter registration system 
27.16 	must have a stored electronic roster of registered voters for that precinct. 
27.17 	(2) Use of electronic rosters and the secure statewide connection is not required in a 
27.18 	precinct with 100 or fewer registered voters.
27.19 		Subd. 2.Minimum standards for electronic rosters. At a minimum, an electronic 
27.20 	roster must:
27.21 	(1) be preloaded with data from the statewide voter registration system, including 
27.22 	data on individuals known to be ineligible to vote;
27.23 	(2) permit all voting information processed by any computer in a precinct to be 
27.24 	immediately accessible to all other computers at all other connected precincts in the state;
27.25 	(3) provide for a printed voter's receipt, containing the voter's name, address of 
27.26 	residence, date of birth, voter identification number, the oath required by section 204C.10, 
27.27 	and a space for the voter's original signature;
27.28 	(4) immediately alert the election judge if the statewide voter registration system 
27.29 	indicates that a voter has already voted at the election in another polling place, is ineligible 
27.30 	to vote, or the voter's registration status is challenged;
27.31 	(5) automatically accept and input data from a scanned Minnesota driver's license or 
27.32 	identification card and match the data to an existing voter registration record, and permit 
27.33 	manual input of voter data, if necessary; and
27.34 	(6) perform any other functions required for the efficient and secure administration 
27.35 	of an election, as required by law.
28.1 		Subd. 3.Costs. Costs to purchase and maintain electronic roster software, including 
28.2 	costs associated with maintaining the necessary secure data connections to the statewide 
28.3 	voter registration system, and the initial purchase of equipment shall be paid by the state. 
28.4 	The commissioner of administration shall contract for and purchase the software and 
28.5 	equipment necessary to implement the requirements of this section and chapter 206A and 
28.6 	distribute it in a timely manner to each county auditor and municipal clerk responsible 
28.7 	for overseeing elections in the state. Subsequent equipment maintenance and purchasing 
28.8 	costs shall be paid by the county or municipality through cost savings generated by the use 
28.9 	of electronic roster technology.

28.10 	Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
28.11 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
28.12 	constitute at least one election precinct:
28.13 	(1) each city ward; and
28.14 	(2) each town and each statutory city.
28.15 	(b) A single, accessible, combined polling place may be established no later than 
28.16 	May 1 of any year:
28.17 	(1) for any city of the third or fourth class, any town, or any city having territory in 
28.18 	more than one county, in which all the voters of the city or town shall cast their ballots;
28.19 	(2) for two contiguous precincts in the same municipality that have a combined 
28.20 	total of fewer than 500 registered voters;
28.21 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
28.22 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
28.23 	(4) for noncontiguous precincts located in one or more counties.
28.24 	A copy of the ordinance or resolution establishing a combined polling place must 
28.25 	be filed with the county auditor within 30 days after approval by the governing body. A 
28.26 	polling place combined under clause (3) must be approved by the governing body of each 
28.27 	participating municipality. A polling place combined under clause (4) must be approved 
28.28 	by the governing body of each participating municipality and the secretary of state and 
28.29 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
28.30 	from participation in a combined polling place must do so by filing a resolution of 
28.31 	withdrawal with the county auditor no later than April 1 of any year.
28.32 	The secretary of state shall provide a separate polling place electronic roster 
28.33 	connection for each precinct served by the combined polling place. A single set of election 
28.34 	judges may be appointed to serve at a combined polling place. The number of election 
28.35 	judges required must be based on the total number of persons voting at the last similar 
29.1 	election in all precincts to be voting at the combined polling place. Separate ballot boxes 
29.2 	must be provided for the ballots from each precinct. The results of the election must be 
29.3 	reported separately for each precinct served by the combined polling place, except in a 
29.4 	polling place established under clause (2) where one of the precincts has fewer than ten 
29.5 	registered voters, in which case the results of that precinct must be reported in the manner 
29.6 	specified by the secretary of state.

29.7 	Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
29.8 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
29.9 	REGISTRATION.
29.10 	(a) An individual seeking to vote shall sign a polling place roster or printed voter's 
29.11 	receipt, generated from an electronic roster which states that the individual is at least 
29.12 	18 years of age, a citizen of the United States, has resided in Minnesota for 20 days 
29.13 	immediately preceding the election, maintains residence at the address shown, is not 
29.14 	under a guardianship in which the court order revokes the individual's right to vote, has 
29.15 	not been found by a court of law to be legally incompetent to vote or has the right to vote 
29.16 	because, if the individual was convicted of a felony, the felony sentence has expired or 
29.17 	been completed or the individual has been discharged from the sentence, is registered 
29.18 	and has not already voted in the election. The roster must also state: "I understand that 
29.19 	deliberately providing false information is a felony punishable by not more than five years 
29.20 	imprisonment and a fine of not more than $10,000, or both."
29.21 	(b) A judge may, before the applicant signs the roster or receipt, confirm the 
29.22 	applicant's name, address, and date of birth.
29.23 	(c) In precincts where a paper roster is used, after the applicant signs the roster, the 
29.24 	judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a 
29.25 	voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the 
29.26 	voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' 
29.27 	receipts must be maintained during the time for notice of filing an election contest for 36 
29.28 	months following the date of the election.

29.29 	Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
29.30 		Subd. 4.Refusal to answer questions or sign a polling place roster. A challenged 
29.31 	individual who refuses to answer questions or sign a polling place roster or voter's receipt
29.32 	as required by this section must not be allowed to vote. A challenged individual who 
29.33 	leaves the polling place and returns later willing to answer questions or sign a polling 
29.34 	place roster or voter's receipt must not be allowed to vote.

30.1 	Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
30.2 		Subd. 2.Voter registration. An individual may register to vote at a special primary 
30.3 	or special election at any time before the day that the polling place rosters for the special 
30.4 	primary or special election are prepared finally secured by the secretary of state for the 
30.5 	election. The secretary of state shall provide the county auditors with notice of this date 
30.6 	at least seven days before the printing of the rosters are secured. This subdivision does 
30.7 	not apply to a special election held on the same day as the state primary, state general 
30.8 	election, or the regularly scheduled primary or general election of a municipality, school 
30.9 	district, or special district.

30.10 	Sec. 8. [206A.01] APPLICABILITY.
30.11 	This chapter applies to each designated election official who transmits election 
30.12 	records via teleprocessing lines to a centralized electronic roster maintained by the 
30.13 	secretary of state for the purpose of conducting an election and compiling complete returns.

30.14 	Sec. 9. [206A.02] DEFINITIONS.
30.15 		Subdivision 1.Definitions. The definitions in this section apply to this chapter.
30.16 		Subd. 2.Designated election official. "Designated election official" means the 
30.17 	county auditor or municipal clerk.
30.18 		Subd. 3.Elector data. "Elector data" means voting information, including, but not 
30.19 	limited to, voter registration, voting history, and voting tabulations.
30.20 		Subd. 4.Electronic roster. "Electronic roster" is a list of eligible electors in 
30.21 	electronic format who are permitted to  vote at a polling place in an election conducted 
30.22 	under the Minnesota Election Law, which shall be processed by a computer at a precinct 
30.23 	to be immediately accessible to all other computers at all precincts in the county.
30.24 		Subd. 5.Teleprocessing lines. "Teleprocessing lines" means secure, dedicated 
30.25 	communication transmission facilities  used for the purpose of transferring elector data 
30.26 	between precincts and a centralized computerized roster maintained by the secretary of 
30.27 	state, to ensure the security and integrity of voting information so that no deviation can 
30.28 	go undetected.

30.29 	Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY 
30.30 	PROCEDURES.
30.31 	(a) The designated election official shall establish written security procedures 
30.32 	covering the transference of precinct teleprocessing information. The procedures must 
30.33 	include:
31.1 	(1) security covering the transmission of elector data processed through the 
31.2 	electronic roster and reconciliation of the registration and history of voters casting ballots 
31.3 	in a precinct; and
31.4 	(2) contingency procedures for network and power failure. The procedures must, at 
31.5 	a minimum, include procedures to address all single point failures including:
31.6 	(i) network failure;
31.7 	(ii) power failure that lasts less than one hour; and
31.8 	(iii) power failure that lasts more than one hour.
31.9 	(b) Acceptable alternatives for addressing power or system failures include either:
31.10 	(1) a paper backup of the roster with the minimum information required to verify a 
31.11 	voter's eligibility; or
31.12 	(2) a sufficient number of computers per precinct to ensure that the voter check-in 
31.13 	continues in an efficient manner. The computers must have the ability to function on 
31.14 	batteries or an external power source for up to two hours.
31.15 	(c) Each computer must have an electronic backup of the current roster in one of the 
31.16 	following formats:
31.17 	(1) a portable document file (PDF);
31.18 	(2) a spreadsheet; or
31.19 	(3) a database with a basic look-up interface.
31.20 	In addition to acceptable backup roster procedures, the security procedures must 
31.21 	address contingency procedures to protect against activities such as voting twice.

31.22 	Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
31.23 	(a) The designated election official shall submit to the secretary of state evidence 
31.24 	that the connection to an electronic roster is secure including details concerning encryption 
31.25 	methodology. In addition, the electronic roster must meet or exceed the standards provided 
31.26 	for in this section.
31.27 	(b) Proven, standard algorithms must be used as the basis for encryption 
31.28 	technologies.
31.29 	(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following 
31.30 	apply:
31.31 	(1) it is the responsibility of the county to ensure that unauthorized users are not 
31.32 	allowed access to internal networks;
31.33 	(2) VPN use is to be controlled using either a onetime password  authentication such 
31.34 	as a token device or a public/private key system with a strong passphrase;
32.1 	(3) when actively connected to the network, VPNs must force all traffic to and from 
32.2 	the computer over the VPN tunnel and all other traffic must be dropped;
32.3 	(4) dual (split) tunneling is not permitted; only one network connection is allowed;
32.4 	(5) VPN gateways must be set up and managed by the county or its designee;
32.5 	(6) all computers connected to internal networks via VPN or any other technology 
32.6 	must use up-to-date antivirus software; and
32.7 	(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

32.8 	Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION 
32.9 	REQUIREMENTS.
32.10 		Subdivision 1.Standards. (a) The electronic roster system connection must contain 
32.11 	enough bandwidth to handle the processing time, taking into account secured transaction 
32.12 	method, for any computer on the system as follows: 
32.13 	(1) a maximum of five seconds to update voter activity;
32.14 	(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; 
32.15 	and
32.16 	(3) a maximum of 45 seconds for session startup and password  verification.
32.17 	(b) The designated election official shall include in the security plan the system data 
32.18 	transfer requirements to completely process a single voter record. This must include at 
32.19 	least the following:
32.20 	(1) the data stream information on both sending and receiving data for all points of 
32.21 	the transaction until the transaction is complete;
32.22 	(2) information on all points where the connection is closed and the data stream 
32.23 	released between the remote computer and the server; and
32.24 	(3) the proposed method of securing transmissions across public networks.
32.25 	(c) The designated election official shall submit in the security plan a detailed list of 
32.26 	all precincts, with a  proposed number of workstations connecting to the database and the 
32.27 	proposed connection, including bandwidth and security, for each location.

32.28 	Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING 
32.29 	PROCEDURES.
32.30 	(a) The electronic roster application must be tested to ensure that it meets the 
32.31 	minimum system requirements prior to the first election in which it is used. The 
32.32 	application must also be tested after the implementation of any  system modifications. The 
32.33 	county shall indicate in the subsequent  security plan whether such retesting has occurred.
32.34 	(b) The test must, at a minimum, include the following:
33.1 	(1) a load test must be demonstrated through either 60 percent of actual computers 
33.2 	running at proposed bandwidth and security settings, or by simulating a load test;
33.3 	(2) a contingency/failure test must be demonstrated and documented  illustrating the 
33.4 	effects of failures identified in section 206A.03; and
33.5 	(3) all tests must be conducted with clients and servers in normal, typical, deployed 
33.6 	operating mode.
33.7 	(c) All records and documentation of the testing must be retained by the  designated 
33.8 	election official for a period of 36 months as part of the election record. The testing record 
33.9 	and documentation must include, but is not limited to, the following:
33.10 	(1) a formal test plan containing all test scripts used:
33.11 	(i) the test plan must include test environment containing make, model, type of 
33.12 	hardware, and software versions used in testing; and
33.13 	(ii) the test plan must also include the number of client computers, servers, and 
33.14 	physical locations involved in testing;
33.15 	(2) test logs of all events that were observed during testing, including:
33.16 	(i) the sequence of actions necessary to set up the tests;
33.17 	(ii) the actions necessary to start the tests;
33.18 	(iii) the actions taken during the execution of the tests;
33.19 	(iv) any measurements taken or observed during the tests;
33.20 	(v) any actions necessary to stop or shut down the tests;
33.21 	(vi) any actions necessary to bring the tests to a halt; and 
33.22 	(vii) any actions necessary or taken to deal with anomalies  experienced during 
33.23 	testing;
33.24 	(3) performance logs and reports taken from both servers and  workstations during 
33.25 	the testing which contain performance information of:
33.26 	(i) network usage (bandwidth);
33.27 	(ii) processor utilization;
33.28 	(iii) Random Access Memory (RAM) utilization; and
33.29 	(iv) any additional performance monitoring reports necessary to explain the process 
33.30 	taken and to support the findings of the  tests; and
33.31 	(4) all test logs must contain date, time, operator, test status or outcome, and any 
33.32 	additional information to assist the secretary of state in making a determination.

33.33 	Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR A 
33.34 	PRECINCT.
34.1 		Subdivision 1.Requirement. Counties shall allocate computers to their precincts 
34.2 	based upon the following  minimum requirements. Voter registration numbers shall 
34.3 	be calculated based upon the total number of registered voters in the county 90 days 
34.4 	preceding the election. The minimum computers required shall be on site at each precinct.
34.5 	(a) Precincts with fewer than 500 registered voters shall be allocated a minimum 
34.6 	of two computers, except that a precinct with fewer than 250 registered voters may 
34.7 	allocate a single computer to the precinct so long as the county auditor or municipal clerk 
34.8 	has established paper backup contingency procedures of the roster with the minimum 
34.9 	information  required to verify a voter's eligibility.
34.10 	(b) Precincts with 500 or more registered voters shall allocate a minimum of three 
34.11 	computers to each precinct.
34.12 		Subd. 2.Alternate plan. (a) A county auditor or municipal clerk may submit to the 
34.13 	secretary of state an alternate plan establishing the number of computers allocated to each 
34.14 	precinct. The alternate plan must establish the reasons for proposed computer allocation 
34.15 	and provide statistical information based on historical voter turnout at each precinct and 
34.16 	include other relevant information, as necessary.
34.17 	(b) In no event shall an alternate plan be submitted to the secretary of state unless 
34.18 	the minimum amount of computers allocated by a county is equal to or greater  than the 
34.19 	minimum number of computers established in this section and there are no less than two 
34.20 	computers allocated to each precinct except for the requirements established in this section.

34.21 	Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
34.22 	(a) Written procedures and reports required by this chapter must be submitted to the 
34.23 	secretary of state for approval no later than 60 days before the election. The secretary of 
34.24 	state shall either approve the procedures as submitted or notify the designated election 
34.25 	official of recommended changes.
34.26 	(b) If the secretary of state rejects or approves the written procedures, the secretary 
34.27 	of state shall  provide written notice of the rejection or approval, including specifics of 
34.28 	noncompliance with this chapter within 15 days of receiving the written procedures.
34.29 	(c) If the secretary of state rejects the written procedures, the designated election 
34.30 	official shall submit a revised procedure within 15 days.
34.31 	(d) The secretary of state shall permit the filing of the revised procedures at a later 
34.32 	date if it is determined that compliance with the 15-day requirement is impossible.

34.33 	Sec. 16. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
35.1 		Subdivision 1.Soliciting near polling places. A person may not display campaign 
35.2 	material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 
35.3 	a polling place or within 100 feet of the building in which a polling place is situated, 
35.4 	or anywhere on the public property on which a polling place is situated, on primary or 
35.5 	election day to vote for or refrain from voting for a candidate or ballot question. A person 
35.6 	may not provide political badges, political buttons, or other political insignia to be worn 
35.7 	at or about the polling place on the day of a primary or election. A political badge, 
35.8 	political button, or other political insignia may not be worn at or about the polling place on 
35.9 	primary or election day. This section applies to areas established by the county auditor or 
35.10 	municipal clerk for absentee voting as provided in chapter 203B.
35.11 	The secretary of state, county auditor, municipal clerk, or school district clerk may 
35.12 	provide stickers which contain the words "I VOTED" and nothing more. Election judges 
35.13 	may offer a sticker of this type to each voter who has signed the polling place roster
35.14 	or a voter's receipt.

35.15 	Sec. 17. APPROPRIATION.
 35.16 	$....... is appropriated to the commissioner of administration for purposes of 
35.17 	purchasing software and equipment as required by this article.

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

35.19 	Sec. 18. EFFECTIVE DATE.
 35.20 	Except where otherwise provided, this article is effective June 1, 2012, and applies 
35.21 	to elections held on or after that date.

35.22 	ARTICLE 4
35.23 	RECOUNTS

35.24 	Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
35.25 	204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES 
35.26 	AGREE.
35.27 		Subdivision 1.Errors of election judges. If the candidates for an office 
35.28 	unanimously agree in writing that the election judges in any precinct have made an 
35.29 	obvious error in the counting or recording of the votes for that office, they shall deliver the 
35.30 	agreement to the county auditor of that county who shall reconvene the county canvassing 
35.31 	board, if necessary, and present the agreement to it. The county canvassing board shall 
35.32 	correct the error as specified in the agreement.
36.1 		Subd. 2.Errors of county canvassing board. If the candidates for an office 
36.2 	unanimously agree in writing that the county canvassing board has made an obvious error 
36.3 	in the counting and recording of the vote for that office they shall notify the county auditor 
36.4 	who shall reconvene the canvassing board. The county canvassing board shall promptly 
36.5 	correct the error as specified in the agreement and file an amended report. When an error is 
36.6 	corrected pursuant to this subdivision, the county canvassing board and the county auditor 
36.7 	shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 
36.8 		Subd. 3.Errors of State Canvassing Board. If the candidates for an office 
36.9 	unanimously agree in writing that the State Canvassing Board has made an obvious error 
36.10 	in the counting and recording of the vote for that office they shall deliver the agreement 
36.11 	to the secretary of state. If a certificate of election has not been issued, the secretary of 
36.12 	state shall reconvene the State Canvassing Board and present the agreement to it. The 
36.13 	board shall promptly correct the error as specified in the agreement and file an amended 
36.14 	statement. When an error is corrected pursuant to this subdivision by the State Canvassing 
36.15 	Board, the State Canvassing Board and the secretary of state shall proceed in accordance 
36.16 	with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 

36.17 	Sec. 2. [204E.01] APPLICABILITY.
36.18 	This chapter establishes procedures for the conduct of all automatic and discretionary 
36.19 	recounts provided for in law.

36.20 	Sec. 3. [204E.02] RECOUNT OFFICIALS.
36.21 	(a) The secretary of state or the secretary of state's designee is the recount official 
36.22 	for recounts conducted by the State Canvassing Board. The county auditor or the county 
36.23 	auditor's designee is the recount official for recounts conducted by the county canvassing 
36.24 	board. The county auditor or the county auditor's designee shall conduct recounts for 
36.25 	county offices. The municipal clerk or the municipal clerk's designee is the recount official 
36.26 	for recounts conducted by the municipal governing body. The school district clerk or 
36.27 	the school district clerk's designee is the recount official for recounts conducted by the 
36.28 	school board, or by a school district canvassing board as provided in section 205A.10, 
36.29 	subdivision 5.
36.30 	(b) A recount official may delegate the duty to conduct a recount to a county auditor 
36.31 	or municipal clerk by mutual consent. When the person who would otherwise serve as 
36.32 	recount official is a candidate or is the employee or other subordinate, spouse, child, 
36.33 	parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling 
37.1 	of a candidate for the office to be recounted, the appropriate canvassing board shall select 
37.2 	a county auditor or municipal clerk from another jurisdiction to conduct the recount.
37.3 	(c) As used in this chapter, "legal adviser" means counsel to the recount official and 
37.4 	the canvassing board for the office being recounted.

37.5 	Sec. 4. [204E.03] SCOPE OF RECOUNTS.
37.6 	A recount conducted as provided in this chapter is limited in scope to the 
37.7 	determination of the number of votes validly cast for the office to be recounted. Only the 
37.8 	ballots cast in the election and the summary statements certified by the election judges 
37.9 	may be considered in the recount process. Original ballots that have been duplicated 
37.10 	under section 206.86, subdivision 5, are not within the scope of a recount and must not be 
37.11 	examined except as provided by a court in an election contest under chapter 209.

37.12 	Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
37.13 		Subdivision 1.Automatic recounts. (a) In a state primary when the difference 
37.14 	between the votes cast for the candidates for nomination to a statewide federal office, 
37.15 	state constitutional office, statewide judicial office, congressional office, state legislative 
37.16 	office, or district judicial office is:
37.17 	(1) less than one-half of one percent of the total number of votes counted for that 
37.18 	nomination; or
37.19 	(2) ten votes or less and the total number of votes cast for the nomination is 400 
37.20 	votes or less,  and the difference determines the nomination, the canvassing board with 
37.21 	responsibility for declaring the results for that office shall manually recount the vote.
37.22 	(b) In a state general election when the difference between the votes of a candidate 
37.23 	who would otherwise be declared elected to a statewide federal office, state constitutional 
37.24 	office, statewide judicial office, congressional office, state legislative office, or district 
37.25 	judicial office and the votes of any other candidate for that office is:
37.26 	(1) less than one-half of one percent of the total number of votes counted for that 
37.27 	office; or
37.28 	(2) ten votes or less if the total number of votes cast for the office is 400 votes or 
37.29 	less,  the canvassing board shall manually recount the votes.
37.30 	(c) Time for notice of a contest for an office recounted under this section begins to 
37.31 	run upon certification of the results of the recount by the canvassing board, or as otherwise 
37.32 	provided in section 209.021.
37.33 	(d) A losing candidate may waive a recount required by this section by filing a 
37.34 	written notice of waiver with the canvassing board.
38.1 		Subd. 2.Discretionary candidate recount. (a) A losing candidate whose name was 
38.2 	on the ballot for nomination or election to a statewide federal office, state constitutional 
38.3 	office, statewide judicial office, congressional office, state legislative office, or district 
38.4 	judicial office may request a recount in a manner provided in this section at the candidate's 
38.5 	own expense when the vote difference is greater than the difference required by this 
38.6 	section. The votes must be manually recounted as provided in this section if the candidate 
38.7 	files a request during the time for filing notice of contest of the primary or election for 
38.8 	which a recount is sought.
38.9 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 
38.10 	an amount set by the filing officer for the payment of the recount expenses. The requesting 
38.11 	candidate is responsible for the following expenses: the compensation of the secretary of 
38.12 	state or designees and any election judge, municipal clerk, county auditor, administrator, 
38.13 	or other personnel who participate in the recount; necessary supplies and travel related to 
38.14 	the recount; the compensation of the appropriate canvassing board and costs of preparing 
38.15 	for the canvass of recount results; and any attorney fees incurred in connection with the 
38.16 	recount by the governing body responsible for the recount.
38.17 	(c) The requesting candidate may provide the filing officer with a list of up to three 
38.18 	precincts that are to be recounted first and may waive the balance of the recount after these 
38.19 	precincts have been counted. If the candidate provides a list, the recount official must 
38.20 	determine the expenses for those precincts in the manner provided by paragraph (b).
38.21 	(d) If the winner of the race is changed by the optional recount, the cost of the 
38.22 	recount must be paid by the jurisdiction conducting the recount.
38.23 	(e) If a result of the vote counting in the manual recount is different from the result 
38.24 	of the vote counting reported on election day by a margin greater than the standard for 
38.25 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
38.26 	cost of the recount must be paid by the jurisdiction conducting the recount.

38.27 	Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND 
38.28 	MUNICIPAL ELECTIONS.
38.29 		Subdivision 1.Required recounts. (a) Except as provided in paragraph (b), a 
38.30 	losing candidate for nomination or election to a county, municipal, or school district office 
38.31 	may request a recount of the votes cast for the nomination or election to that office if 
38.32 	the difference between the votes cast for that candidate and for a winning candidate for 
38.33 	nomination or election is less than one-half of one percent of the total votes counted for 
38.34 	that office. In case of offices where two or more seats are being filled from among all the 
38.35 	candidates for the office, the one-half of one percent difference is between the elected 
39.1 	candidate with the fewest votes and the candidate with the most votes from among the 
39.2 	candidates who were not elected.
39.3 	(b) A losing candidate for nomination or election to a county, municipal, or school 
39.4 	district office may request a recount of the votes cast for nomination or election to that 
39.5 	office if the difference between the votes cast for that candidate and for a winning 
39.6 	candidate for nomination or election is ten votes or less, and the total number of votes cast 
39.7 	for the nomination or election of all candidates is no more than 400. In cases of offices 
39.8 	where two or more seats are being filled from among all the candidates for the office, 
39.9 	the ten-vote difference is between the elected candidate with the fewest votes and the 
39.10 	candidate with the most votes from among the candidates who were not elected.
39.11 	(c) Candidates for county offices shall file a written request for the recount with the 
39.12 	county auditor. Candidates for municipal or school district offices shall file a written 
39.13 	request with the municipal or school district clerk as appropriate. All requests must be 
39.14 	filed during the time for notice of contest of the primary or election for which a recount 
39.15 	is sought.
39.16 	(d) Upon receipt of a request made pursuant to this section, the county auditor 
39.17 	shall recount the votes for a county office at the expense of the county, the governing 
39.18 	body of the municipality shall recount the votes for a municipal office at the expense of 
39.19 	the municipality, and the school board of the school district shall recount the votes for a 
39.20 	school district office at the expense of the school district.
39.21 		Subd. 2.Discretionary candidate recounts. (a) A losing candidate for nomination 
39.22 	or election to a county, municipal, or school district office may request a recount in the 
39.23 	manner provided in this section at the candidate's own expense when the vote difference 
39.24 	is greater than the difference required by subdivision 1. The votes must be manually 
39.25 	recounted as provided in this section if the requesting candidate files with the county 
39.26 	auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by 
39.27 	the governing body of the jurisdiction or the school board of the school district for the 
39.28 	payment of the recount expenses.
39.29 	(b) The requesting candidate may provide the filing officer with a list of up to three 
39.30 	precincts that are to be recounted first and may waive the balance of the recount after these 
39.31 	precincts have been counted. If the candidate provides a list, the recount official must 
39.32 	determine the expenses for those precincts in the manner provided by this paragraph.
39.33 	(c) If the winner of the race is changed by the optional recount, the cost of the 
39.34 	recount must be paid by the jurisdiction conducting the recount.
39.35 	(d) If a result of the vote counting in the manual recount is different from the result 
39.36 	of the vote counting reported on election day by a margin greater than the standard for 
40.1 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
40.2 	cost of the recount must be paid by the jurisdiction conducting the recount.
40.3 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
40.4 	for a ballot question when the difference between the votes for and the votes against the 
40.5 	question is less than or equal to the difference provided in subdivision 1. A recount may 
40.6 	be requested by any person eligible to vote on the ballot question. A written request for a 
40.7 	recount must be filed with the filing officer of the county, municipality, or school district 
40.8 	placing the question on the ballot and must be accompanied by a petition containing the 
40.9 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
40.10 	when the difference between the votes for and the votes against the question is less than or 
40.11 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
40.12 	for a county question at the expense of the county, the governing body of the municipality 
40.13 	shall recount the votes for a municipal question at the expense of the municipality, and the 
40.14 	school board of the school district shall recount the votes for a school district question at 
40.15 	the expense of the school district. If the difference between the votes for and the votes 
40.16 	against the question is greater than the difference provided in subdivision 1, the person 
40.17 	requesting the recount shall also file with the filing officer of the county, municipality, or 
40.18 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
40.19 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
40.20 	or surety required must be filed during the time for notice of contest for the election for 
40.21 	which the recount is requested.
40.22 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
40.23 	discretionary recount, is responsible for the following expenses: the compensation of the 
40.24 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
40.25 	administrator, or other personnel who participate in the recount; necessary supplies and 
40.26 	travel related to the recount; the compensation of the appropriate canvassing board and 
40.27 	costs of preparing for the canvass of recount results; and any attorney fees incurred in 
40.28 	connection with the recount by the governing body responsible for the recount.
40.29 		Subd. 5.Notice of contest. Except as otherwise provided in section 209.021, the 
40.30 	time for notice of contest of a nomination or election to an office which is recounted 
40.31 	pursuant to this section begins to run upon certification of the results of the recount by the 
40.32 	appropriate canvassing board or governing body.

40.33 	Sec. 7. [204E.06] NOTICE.
40.34 	Within 24 hours after determining that an automatic recount is required or within 48 
40.35 	hours of receipt of a written request for a recount and filing of a security deposit if one is 
41.1 	required, the official in charge of the recount shall send notice to the candidates for the 
41.2 	office to be recounted and the county auditor of each county wholly or partially within 
41.3 	the election district. The notice must include the date, starting time, and location of the 
41.4 	recount, the office to be recounted, and the name of the official performing the recount. 
41.5 	The notice must state that the recount is open to the public and, in case of an automatic 
41.6 	recount, that the losing candidate may waive the recount.

41.7 	Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
41.8 	(a) The official who has custody of the voted ballots is responsible for keeping 
41.9 	secure all election materials. Registration cards of voters who registered on election day 
41.10 	may be processed as required by rule. All other election materials must be kept secure by 
41.11 	precinct as returned by the election judges until all recounts have been completed and until 
41.12 	the time for contest of election has expired.
41.13 	(b) Any candidate for an office to be recounted may have all materials relating 
41.14 	to the election, including but not limited to polling place rosters, voter registration 
41.15 	applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes, 
41.16 	applications for absentee ballots, precinct summary statements, printouts from voting 
41.17 	machines, and precinct incident logs inspected before the canvassing board may certify 
41.18 	the results of the recount.

41.19 	Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
41.20 	All recounts must be accessible to the public. In a multicounty recount the secretary 
41.21 	of state may locate the recount in one or more of the election jurisdictions or at the site of 
41.22 	the canvassing board. Each election jurisdiction where a recount is conducted shall make 
41.23 	available, without charge to the recount official or body conducting the recount, adequate 
41.24 	accessible space and all necessary equipment and facilities.

41.25 	Sec. 10. [204E.09] GENERAL PROCEDURES.
41.26 	At the opening of a recount, the recount official or legal adviser shall present the 
41.27 	procedures contained in this section for the recount. The custodian of the ballots shall 
41.28 	make available to the recount official the precinct summary statements, the precinct boxes 
41.29 	or the sealed containers of voted ballots, and any other election materials requested by the 
41.30 	recount official. If the recount official needs to leave the room for any reason, the recount 
41.31 	official must designate a deputy recount official to preside during the recount official's 
41.32 	absence. A recount official must be in the room at all times. The containers of voted ballots 
41.33 	must be unsealed and resealed within public view. No ballots or election materials may be 
42.1 	handled by candidates, their representatives, or members of the public. There must be an 
42.2 	area of the room from which the public may observe the recount. Cell phones and video 
42.3 	cameras may be used in this public viewing area, as long as their use is not disruptive. The 
42.4 	recount official shall arrange the counting of the ballots so that the candidates and their 
42.5 	representatives may observe the ballots as they are recounted. Candidates may each have 
42.6 	one representative observe the sorting of each precinct. One additional representative per 
42.7 	candidate may observe the ballots when they have been sorted and are being counted 
42.8 	pursuant to section 204E.10. Candidates may have additional representatives in the public 
42.9 	viewing area of the room. If other election materials are handled or examined by the 
42.10 	recount officials, the candidates and their representatives may observe them. The recount 
42.11 	official shall ensure that public observation does not interfere with the counting of the 
42.12 	ballots. The recount official shall prepare a summary of the recount vote by precinct.

42.13 	Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
42.14 		Subdivision 1.Breaks in counting process. Recount officials may not take a break 
42.15 	for a meal or for the day prior to the completion of the sorting, counting, review, and 
42.16 	labeling of challenges, and secure storage of the ballots for any precinct. All challenged 
42.17 	ballots must be stored securely during breaks in the counting process.
42.18 		Subd. 2.Sorting ballots. Ballots must be recounted by precinct. The recount 
42.19 	official shall open the sealed container of ballots and recount them in accordance with 
42.20 	section 204C.22. The recount official must review each ballot and sort the ballots into 
42.21 	piles based upon the recount official's determination as to which candidate, if any, the 
42.22 	voter intended to vote for: one pile for each candidate that is the subject of the recount 
42.23 	and one pile for all other ballots. 
42.24 		Subd. 3.Challenge. During the sorting, a candidate or candidate's representative 
42.25 	may challenge the ballot if he or she disagrees with the recount official's determination of 
42.26 	for whom the ballot should be counted and whether there are identifying marks on the 
42.27 	ballot. At a recount of a ballot question, the manner in which a ballot is counted may 
42.28 	be challenged by the person who requested the recount or that person's representative. 
42.29 	Challenges may not be automatic or frivolous and the challenger must state the basis 
42.30 	for the challenge pursuant to section 204C.22. Challenged ballots must be placed into 
42.31 	separate piles, one for ballots challenged by each candidate. Only the canvassing board 
42.32 	with responsibility to certify the results of the recount has the authority to declare a 
42.33 	challenge to be "frivolous."
42.34 		Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must 
42.35 	count the piles using the stacking method described in section 204C.21. A candidate or 
43.1 	candidate's representative may immediately request to have a pile of 25 counted a second 
43.2 	time if there is not agreement as to the number of votes in the pile.
43.3 		Subd. 5.Reviewing and labeling challenged ballots. After the ballots from 
43.4 	a precinct have been counted, the recount official may review the challenged ballots 
43.5 	with the candidate or the candidate's representative. The candidate's representative may 
43.6 	choose to withdraw any challenges previously made. The precinct name, the reason 
43.7 	for the challenge, and the name of the person challenging the ballot or the candidate 
43.8 	that person represents, and a sequential number must be marked on the back of each 
43.9 	remaining challenged ballot before it is placed in an envelope marked "Challenged 
43.10 	Ballots." After the count of votes for the precinct has been determined, all ballots except 
43.11 	the challenged ballots must be resealed in the ballot envelopes and returned with the other 
43.12 	election materials to the custodian of the ballots. The recount official may make copies 
43.13 	of the challenged ballots. After the count of votes for all precincts has been determined 
43.14 	during that day of counting, the challenged ballot envelope must be sealed and kept secure 
43.15 	for presentation to the canvassing board.

43.16 	Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
43.17 		Subdivision 1.Certification of results. The recount official shall present the 
43.18 	summary statement of the recount and any challenged ballots to the canvassing board. 
43.19 	The candidate or candidate's representative who made the challenge may present the 
43.20 	basis for the challenge to the canvassing board. The canvassing board shall rule on the 
43.21 	challenged ballots and incorporate the results into the summary statement. The canvassing 
43.22 	board shall certify the results of the recount. Challenged ballots must be returned to the 
43.23 	election official who has custody of the ballots.
43.24 		Subd. 2.Tie votes. In case of a tie vote for nomination or election to an office, the 
43.25 	canvassing board with the responsibility for declaring the results for that office shall 
43.26 	determine the tie by lot.

43.27 	Sec. 13. [204E.12] SECURITY DEPOSIT.
43.28 	When a bond, cash, or surety for recount expenses is required by section 204E.04 
43.29 	or 204E.05, the governing body or recount official shall set the amount of the security 
43.30 	deposit at an amount which will cover expected recount expenses. In multicounty districts, 
43.31 	the secretary of state shall set the amount taking into consideration the expenses of the 
43.32 	election jurisdictions in the district and the expenses of the secretary of state. The security 
43.33 	deposit must be filed during the period for requesting an administrative recount. In 
43.34 	determining the expenses of the recount, only the actual recount expenditures incurred 
44.1 	by the recount official and the election jurisdiction in conducting the recount may be 
44.2 	included. General office and operating costs may not be taken into account.

44.3 	Sec. 14. REVISOR'S INSTRUCTION.
 44.4 	Except where otherwise amended by this article, the revisor of statutes shall 
44.5 	renumber each section of Minnesota Statutes listed in column A with the number listed in 
44.6 	column B. The revisor shall make necessary cross-reference changes consistent with the 
44.7 	renumbering.

44.8	Column A
	Column B
	
44.9	204C.34
	204E.11, subdivision 2
	
44.10	204C.35
	204E.04
	
44.11	204C.36
	204E.05

44.12 	Sec. 15. REPEALER.
 44.13 	Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361,
44.14 	and Minnesota Rules, parts 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700; 
44.15 	8235.0800; 8235.1100; and 8235.1200, are repealed.

44.16 	Sec. 16. EFFECTIVE DATE.
 44.17 	This article is effective June 1, 2011, and applies to recounts conducted on or after 
44.18 	that date.