1.1 	A bill for an act
1.2 	relating to elections; requiring voters to provide picture identification before 
1.3 	receiving a ballot in most situations; providing for the issuance of voter 
1.4 	identification cards at no charge; establishing a procedure for provisional 
1.5 	balloting; creating challenged voter eligibility list; specifying other election 
1.6 	administration procedures; allowing use of electronic polling place rosters; 
1.7 	setting standards for use of electronic polling place rosters; creating legislative 
1.8 	task force on electronic roster implementation; enacting procedures related to 
1.9 	recounts; appropriating money;amending Minnesota Statutes 2010, sections 
1.10 	5B.06; 13.69, subdivision 1; 135A.17, subdivision 2; 171.07, subdivisions 
1.11 	4, 9, by adding a subdivision; 200.02, by adding a subdivision; 201.021; 
1.12 	201.022, subdivision 1; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 
1.13 	201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, 
1.14 	subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, 
1.15 	subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, 
1.16 	subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 
1.17 	204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 
1.18 	2; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 
1.19 	4; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision 
1.20 	1; 209.06, subdivision 1; 211B.11, subdivision 1; 611A.32, subdivision 3; 
1.21 	proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C; 
1.22 	proposing coding for new law as Minnesota Statutes, chapters 204E; 206A; 
1.23 	repealing Minnesota Statutes 2010, sections 203B.04, subdivision 3; 204C.34; 
1.24 	204C.35; 204C.36; 204C.361.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	VOTER REGISTRATION, PHOTO IDENTIFICATION, AND 
1.28 	PROVISIONAL BALLOTING

1.29 	Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
1.30 		Subdivision 1.Classifications. (a) The following government data of the 
1.31 	Department of Public Safety are private data:
2.1 	(1) medical data on driving instructors, licensed drivers, and applicants for parking 
2.2 	certificates and special license plates issued to physically disabled persons;
2.3 	(2) other data on holders of a disability certificate under section 169.345, except that 
2.4 	data that are not medical data may be released to law enforcement agencies;
2.5 	(3) Social Security numbers in driver's license and motor vehicle registration 
2.6 	records, except that Social Security numbers must be provided to the Department of 
2.7 	Revenue for purposes of tax administration, the Department of Labor and Industry for 
2.8 	purposes of workers' compensation administration and enforcement, and the Department 
2.9 	of Natural Resources for purposes of license application administration; and
2.10 	(4) data on persons listed as standby or temporary custodians under section 171.07, 
2.11 	subdivision 11, except that the data must be released to:
2.12 	(i) law enforcement agencies for the purpose of verifying that an individual is a 
2.13 	designated caregiver; or
2.14 	(ii) law enforcement agencies who state that the license holder is unable to 
2.15 	communicate at that time and that the information is necessary for notifying the designated 
2.16 	caregiver of the need to care for a child of the license holder; and
2.17 	(5) data on applicants for a Minnesota voter identification card under section 171.07, 
2.18 	subdivision 3b, except that the data may be released to a government entity or a court 
2.19 	for purposes of carrying out its functions.
2.20 	The department may release the Social Security number only as provided in clause 
2.21 	(3) and must not sell or otherwise provide individual Social Security numbers or lists of 
2.22 	Social Security numbers for any other purpose.
2.23 	(b) The following government data of the Department of Public Safety are 
2.24 	confidential data: data concerning an individual's driving ability when that data is received 
2.25 	from a member of the individual's family.

2.26 	Sec. 2. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision 
2.27 	to read:
2.28 		Subd. 3b.Voter identification cards. (a) The Department of Public Safety shall 
2.29 	provide a Minnesota voter identification card to any applicant who is eligible to vote 
2.30 	in Minnesota and who does not possess a valid Minnesota driver's license or state 
2.31 	identification card. The department may not require the applicant to pay a fee for issuance 
2.32 	of a card.  A state-subsidized voter identification card may only be applied for at a 
2.33 	driver's licensing  facility operated by the Division of Driver and Vehicle Services. Upon 
2.34 	application for a state-subsidized voter identification card, including upon  application 
2.35 	for a renewal, duplicate card, or when a new card is required as a result of  a change of 
3.1 	address, an applicant must present verification that the applicant is at least  18 years of 
3.2 	age, is a citizen of the United States, and will have maintained residence in  Minnesota for 
3.3 	at least 20 days immediately preceding the next election.
3.4 	(b) A voter identification card must bear a distinguishing number assigned to the 
3.5 	applicant; a colored photograph or an electronically produced image of the applicant; the 
3.6 	applicant's full name and date of birth; the applicant's address of residence; a description 
3.7 	of the applicant in the manner as the commissioner deems necessary; and the usual 
3.8 	signature of the applicant.
3.9 	(c) A voter identification card shall not be valid identification for purposes unrelated 
3.10 	to voting in Minnesota. 
3.11 	(d) A voter identification card must be of a different color scheme than a Minnesota 
3.12 	driver's license or state identification card, but must incorporate the same information and 
3.13 	security features as provided in subdivision 9.
3.14 	(e) Each voter identification card must be plainly marked: "Voter Identification â€“ 
3.15 	Not a driver's license. Valid Identification Only for Voting."

3.16 	Sec. 3. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
3.17 		Subd. 4.Expiration. (a) Except as otherwise provided in this subdivision, 
3.18 	the expiration date of Minnesota identification cards and voter identification cards of 
3.19 	applicants under the age of 65 shall be the birthday of the applicant in the fourth year 
3.20 	following the date of issuance of the card.
3.21 	(b) Minnesota identification cards and voter identification cards issued to applicants 
3.22 	age 65 or over shall be valid for the lifetime of the applicant.
3.23 	(c) The expiration date for an Under-21 identification card is the cardholder's 21st 
3.24 	birthday. The commissioner shall issue an identification card to a holder of an Under-21 
3.25 	identification card who applies for the card, pays the required fee, and presents proof of 
3.26 	identity and age, unless the commissioner determines that the applicant is not qualified 
3.27 	for the identification card.

3.28 	Sec. 4. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
3.29 		Subd. 9.Improved security. The commissioner shall develop new Drivers' 
3.30 	licenses,and identification cards, to be issued beginning January 1, 1994, that and voter 
3.31 	identification cards must be as impervious to alteration as is reasonably practicable in their 
3.32 	design and quality of material and technology. The driver's license security laminate 
3.33 	shall be made from materials not readily available to the general public. The design and 
3.34 	technology employed must enable the driver's license and identification card to be subject 
4.1 	to two or more methods of visual verification capable of clearly indicating the presence 
4.2 	of tampering or counterfeiting. The driver's license and identification card must not be 
4.3 	susceptible to reproduction by photocopying or simulation and must be highly resistant 
4.4 	to data or photograph substitution and other tampering.

4.5 	Sec. 5. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
4.6 	(a) The following are sufficient proof of identity and residence for purposes of 
4.7 	election day voter registration under section 201.061, subdivision 3, and for determining 
4.8 	whether to count a provisional ballot under section 204C.135, subdivision 2:
4.9 	(1) a current, valid driver's license, state identification card, or voter identification 
4.10 	card issued to the voter by the Department of Public Safety that contains the voter's current 
4.11 	address of residence in the  precinct;
4.12 	(2) an identification card issued to the voter by the tribal government of a tribe 
4.13 	recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the 
4.14 	voter's current address of residence in the precinct, and any other items of data required to 
4.15 	be contained on a Minnesota identification card, as provided in section 171.07, subdivision 
4.16 	3, paragraphs (a) and (b);
4.17 	(3) an original receipt for a new, renewed, or updated driver's license, state 
4.18 	identification card, or voter identification card issued to the voter under section 171.07 
4.19 	that contains the voter's current address of residence in the precinct along with one of the 
4.20 	following documents, provided that it contains a photograph of the voter:
4.21 	(i) a driver's license or identification card that is expired, invalidated, or does 
4.22 	not contain the voter's current address of residence, issued to the voter by the state of 
4.23 	Minnesota or any other state or territory of the United States; 
4.24 	(ii) a United States passport, issued to the voter; 
4.25 	(iii) an identification card issued by a branch, department, agency, entity, or 
4.26 	subdivision of Minnesota or the federal government; 
4.27 	(iv) an identification card issued by an accredited postsecondary institution with 
4.28 	a campus located within Minnesota, if a list of students from that institution has been 
4.29 	prepared under section 135A.17 and certified to the county auditor in the manner provided 
4.30 	in rules of the secretary of state; or 
4.31 	(v) an identification card issued to the voter by the tribal government of a tribe 
4.32 	recognized by the Bureau of Indian Affairs; 
4.33 	(4) if the voter is a student, a driver's license or identification card issued by 
4.34 	Minnesota or any other state or territory of the United States that does not contain 
5.1 	the voter's current address of residence, along with a current student fee statement that 
5.2 	contains the student's valid address of residence in the precinct; or
5.3 	(5) if the voter resides in a residential facility located in the precinct, having an 
5.4 	individual who is an administrator or designee employed by and working in the facility 
5.5 	sign an oath in the presence of the election judge vouching that the administrator or 
5.6 	designee personally knows the individual's identity and that the individual is a resident of 
5.7 	the precinct. The oath must be made on a form prescribed by the secretary of state that 
5.8 	contains a space for the administrator's or designee's printed name, signature, telephone 
5.9 	number, and employment address.
5.10 	(b) A "residential facility" means transitional housing as defined in section 256E.33, 
5.11 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
5.12 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
5.13 	5; a residence registered with the commissioner of health as a housing with services 
5.14 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated 
5.15 	by the commissioner of veterans affairs under chapter 198; a residence licensed by the 
5.16 	commissioner of human services to provide a residential program as defined in section 
5.17 	245A.02, subdivision 14; a residential facility for persons with a developmental disability 
5.18 	licensed by the commissioner of human services under section 252.28; group residential 
5.19 	housing as defined in section 256I.03, subdivision 3; a shelter for battered women 
5.20 	as defined in section 611A.37, subdivision 4; or a supervised publicly or privately 
5.21 	operated shelter or dwelling designed to provide temporary living accommodations for 
5.22 	the homeless.

5.23 	Sec. 6. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD 
5.24 	ACCOUNT.
5.25 	A state-subsidized  voter identification card account is established in the special 
5.26 	revenue fund. Money in the account shall be appropriated by law to the Department of 
5.27 	Public Safety for purposes of providing state-subsidized voter identification cards to 
5.28 	individuals qualifying under section 171.07, subdivision 3b, provided that the department 
5.29 	may not be reimbursed more than $... for each card issued. The commissioner of public 
5.30 	safety must report to the legislature at least monthly by county on expenditure of funds 
5.31 	from this account. A report of the total expenditures by county must be submitted to the 
5.32 	members of the legislative committees with jurisdiction over elections by January 31 of 
5.33 	each year.

5.34 	Sec. 7. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
6.1 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
6.2 	register on election day by appearing in person at the polling place for the precinct in 
6.3 	which the individual maintains residence, by completing a registration application, making 
6.4 	an oath in the form prescribed by the secretary of state and providing proof of identity and
6.5 	residence. An individual may prove identity and residence for purposes of registering by:
6.6 	presenting documentation as permitted by section 200.035.
6.7 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
6.8 	to section 171.07;
6.9 	(2) presenting any document approved by the secretary of state as proper 
6.10 	identification;
6.11 	(3) presenting one of the following:
6.12 	(i) a current valid student identification card from a postsecondary educational 
6.13 	institution in Minnesota, if a list of students from that institution has been prepared under 
6.14 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
6.15 	the secretary of state; or
6.16 	(ii) a current student fee statement that contains the student's valid address in the 
6.17 	precinct together with a picture identification card; or
6.18 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
6.19 	employed by and working in a residential facility in the precinct and vouching for a 
6.20 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
6.21 	voter or employee personally knows that the individual is a resident of the precinct. A 
6.22 	voter who has been vouched for on election day may not sign a proof of residence oath 
6.23 	vouching for any other individual on that election day. A voter who is registered to vote in 
6.24 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
6.25 	does not apply to an employee of a residential facility described in this clause. The 
6.26 	secretary of state shall provide a form for election judges to use in recording the number 
6.27 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
6.28 	form must include space for the maximum number of individuals for whom a voter may 
6.29 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
6.30 	a statement that the voter is registered to vote in the precinct, personally knows that the 
6.31 	individual is a resident of the precinct, and is making the statement on oath. The form must 
6.32 	include a space for the voter's printed name, signature, telephone number, and address.
6.33 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
6.34 	attached to the voter registration application.
6.35 	(b) The operator of a residential facility shall prepare a list of the names of its 
6.36 	employees currently working in the residential facility and the address of the residential 
7.1 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
7.2 	no less than 20 days before each election for use in election day registration.
7.3 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
7.4 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
7.5 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
7.6 	5; a residence registered with the commissioner of health as a housing with services 
7.7 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
7.8 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
7.9 	licensed by the commissioner of human services to provide a residential program as 
7.10 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
7.11 	developmental disability licensed by the commissioner of human services under section 
7.12 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
7.13 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
7.14 	publicly or privately operated shelter or dwelling designed to provide temporary living 
7.15 	accommodations for the homeless.
7.16 	(d) For tribal band members, an individual may prove residence for purposes of 
7.17 	registering by:
7.18 	(1) presenting an identification card issued by the tribal government of a tribe 
7.19 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
7.20 	contains the name, address, signature, and picture of the individual; or
7.21 	(2) presenting an identification card issued by the tribal government of a tribe 
7.22 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
7.23 	contains the name, signature, and picture of the individual and also presenting one of the 
7.24 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
7.25 	(e) (b) A county, school district, or municipality may must require that an election 
7.26 	judge responsible for election day registration initial sign each completed registration 
7.27 	application.

7.28 	Sec. 8. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
7.29 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
7.30 	prescribe the form of polling place rosters that include the voter's name, address, date of 
7.31 	birth, school district number, and space for the voter's signature. The address listed on 
7.32 	the polling place roster must be the voter's address of residence, unless the voter has 
7.33 	requested that the address printed on the roster be the voter's mailing address because 
7.34 	the voter is a judge, or a law enforcement or corrections officer. The secretary of state 
7.35 	may prescribe additional election-related information to be placed on the polling place 
8.1 	rosters on an experimental basis for one state primary and general election cycle; the same 
8.2 	information may not be placed on the polling place roster for a second state primary and 
8.3 	general election cycle unless specified in this subdivision. The polling place roster must 
8.4 	be used to indicate whether the voter has voted in a given election. The secretary of state 
8.5 	shall prescribe procedures for transporting the polling place rosters to the election judges 
8.6 	for use on election day. The secretary of state shall prescribe the form for a county or 
8.7 	municipality to request the date of birth from currently registered voters. The county or 
8.8 	municipality shall not request the date of birth from currently registered voters by any 
8.9 	communication other than the prescribed form and the form must clearly indicate that a 
8.10 	currently registered voter does not lose registration status by failing to provide the date of 
8.11 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
8.12 	polling place rosters used on the date of election for 22 months following the election. 

8.13 	Sec. 9. Minnesota Statutes 2010, section 204C.10, is amended to read:
8.14 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
8.15 	REGISTRATION.
8.16 		Subdivision 1.Polling place roster. (a) An individual seeking to vote shall sign a 
8.17 	polling place roster which states that the individual is at least 18 years of age, a citizen 
8.18 	of the United States, has resided in Minnesota for 20 days immediately preceding the 
8.19 	election, maintains residence at the address shown, is not under a guardianship in which 
8.20 	the court order revokes the individual's right to vote, has not been found by a court of 
8.21 	law to be legally incompetent to vote or has the right to vote because, if the individual 
8.22 	was convicted of a felony, the felony sentence has expired or been completed or the 
8.23 	individual has been discharged from the sentence, is registered and has not already voted 
8.24 	in the election. The roster must also state: "I understand that deliberately providing false 
8.25 	information is a felony punishable by not more than five years imprisonment and a fine of 
8.26 	not more than $10,000, or both."
8.27 	(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the 
8.28 	voter to present a photo identification document, as described in subdivision 2; and (2) 
8.29 	confirm the applicant's name, address, and date of birth. A voter who cannot produce 
8.30 	sufficient identification as required by subdivision 2 may not sign the polling place roster, 
8.31 	but may cast a provisional ballot, as provided in section 204C.135.
8.32 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
8.33 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
8.34 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
9.1 	voters' receipts must be maintained during the time for notice of filing an election contest
9.2 	for 36 months following the date of the election.
9.3 		Subd. 2.Photo identification. (a) To satisfy the photo identification requirement 
9.4 	in subdivision 1, a voter must present a valid form of one of the following documents 
9.5 	or sets of documents, issued to the voter:
9.6 	(1) a Minnesota driver's license, state identification card, or voter identification card 
9.7 	issued under section 171.07 that contains the voter's current address of residence in the 
9.8 	precinct;
9.9 	(2)(i) an original receipt for a new, renewed, or updated driver's license, state 
9.10 	identification card, or voter identification card issued to the voter under section 171.07 that 
9.11 	contains the voter's current address of residence in the precinct; and
9.12 	(ii) a driver's license or identification card that is expired, invalidated, or does not 
9.13 	contain the voter's current address of residence in the precinct, issued to the voter by the 
9.14 	state of Minnesota or any other state or territory of the United States;
9.15 	(3) an identification card issued by the tribal government of a tribe recognized 
9.16 	by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's 
9.17 	current address of residence in the precinct, and any other items of data required to be 
9.18 	contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, 
9.19 	paragraphs (a) and (b); or
9.20 	(4) if the voter resides in a shelter facility designated for battered women, as defined 
9.21 	in section 611A.37, subdivision 4, a driver's license or identification card issued to the 
9.22 	voter by the Department of Public Safety that contains the voter's photograph and address 
9.23 	of residence prior to seeking the services of the shelter facility, along with a certification 
9.24 	of residence in the facility, signed by the facility's administrator on a form prescribed 
9.25 	by the secretary of state.
9.26 	(b) An identification card presented under this section is not deficient for a lack of 
9.27 	the voter's current address of residence in the precinct if the identification card contains the 
9.28 	mailing address of the voter and that matches the address listed on the polling place roster.

9.29 	Sec. 10. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
9.30 		Subd. 3.Determination of residence. In determining the legal residence of a 
9.31 	challenged individual, the election judges shall be governed by the principles contained in 
9.32 	section 200.031. If the challenged individual's answers to the questions show ineligibility 
9.33 	to vote in that precinct, the individual shall not be allowed to vote. If the individual has 
9.34 	marked ballots but not yet deposited them in the ballot boxes before the election judges 
9.35 	determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
10.1 	with the spoiled ballots. If the answers to the questions fail to show that the individual is 
10.2 	not eligible to vote in that precinct and the challenge is not withdrawn, the election judges 
10.3 	shall verbally administer the oath on the voter certificate to the individual. After taking the 
10.4 	oath and completing and signing the voter certificate, the challenged individual shall be 
10.5 	allowed to vote permit the voter to cast a provisional ballot, in the manner provided in 
10.6 	section 204C.135. 

10.7 	Sec. 11. [204C.135] PROVISIONAL BALLOTS.
10.8 		Subdivision 1.Casting of provisional ballots. (a) The following voters seeking to 
10.9 	vote are entitled to cast a provisional ballot in the manner provided by this section:
10.10 	(1) a voter who is unable to provide proper photo identification as required by 
10.11 	section 204C.10;
10.12 	(2) a voter whose registration status is listed as "challenged" on the polling place 
10.13 	roster; and
10.14 	(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
10.15 	(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster 
10.16 	and complete a provisional ballot envelope. The envelope must contain a space for the 
10.17 	voter to list the voter's name, address of residence, date of birth, voter identification 
10.18 	number, and any other information prescribed by the secretary of state. The voter must 
10.19 	also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 
10.20 	in the same election, and meets the criteria for registering to vote in the precinct in which 
10.21 	the voter appears.
10.22 	Once the voter has completed the provisional ballot envelope, the voter must be 
10.23 	allowed to cast a provisional ballot. The provisional ballot must be in the same form 
10.24 	as the official ballot available in the precinct on election day. A completed provisional 
10.25 	ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside 
10.26 	the voter's provisional ballot envelope and deposited by the voter in a secure, sealed 
10.27 	provisional ballot box. Completed provisional ballots may not be combined with other 
10.28 	voted ballots in the polling place.
10.29 	(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by 
10.30 	the secretary of state. The provisional ballot envelope must be a color other than that 
10.31 	provided for absentee ballot envelopes and must be prominently labeled "Provisional 
10.32 	Ballot Envelope."
10.33 	(d) Provisional ballots and related documentation shall be delivered to and securely 
10.34 	maintained by the county auditor or municipal clerk in the same manner as required for 
10.35 	other election materials under sections 204C.27 to 204C.28.
11.1 		Subd. 2.Counting provisional ballots. (a) A voter who casts a provisional ballot in 
11.2 	the polling place may personally appear before the county auditor or municipal clerk no 
11.3 	later than seven calendar days following the election to prove that the voter's provisional 
11.4 	ballot should be counted. The county auditor or municipal clerk must count a provisional 
11.5 	ballot in the final certified results from the precinct if:
11.6 	(1) the statewide voter registration system indicates that the voter is eligible to vote 
11.7 	or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
11.8 	(2) the voter presents proof of identity and residence in the precinct in the manner 
11.9 	permitted by section 200.035.
11.10 	(b) If a voter does not appear before the county auditor or municipal clerk within 
11.11 	seven calendar days following the election or otherwise does not satisfy the requirements 
11.12 	of paragraph (a), or if the data listed on the items of identification presented by the voter 
11.13 	does not match the data submitted by the voter on the provisional ballot envelope, the 
11.14 	voter's provisional ballot must not be counted.
11.15 	(c) The county auditor or municipal clerk must notify, in writing, any provisional 
11.16 	voter who does not appear within seven calendar days of the election that the voter's 
11.17 	provisional ballot was not counted because of the voter's failure to appear before the 
11.18 	county auditor or municipal clerk within the time permitted by law to determine whether 
11.19 	the provisional ballot should be counted.
11.20 		Subd. 3.Provisional ballots; reconciliation. Prior to counting any provisional 
11.21 	ballots in the final vote totals from a precinct, the county auditor must verify that the 
11.22 	number of signatures appearing on the provisional ballot roster from that precinct is equal 
11.23 	to or greater than the number of accepted provisional ballots submitted by voters in the 
11.24 	precinct on election day. Any discrepancy must be resolved before the provisional ballots 
11.25 	from the precinct may be counted. Excess provisional ballots to be counted must be 
11.26 	randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the 
11.27 	period for a voter to appear to prove residence and identity has expired and the ballots to 
11.28 	be counted have been separated from the provisional ballot envelopes.

11.29 	Sec. 12. Minnesota Statutes 2010, section 204C.14, is amended to read:
11.30 	204C.14 UNLAWFUL VOTING; PENALTY.
11.31 	No individual shall intentionally:
11.32 	(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot 
11.33 	in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be 
11.34 	counted, or attempting to vote by means of a voting machine or electronic voting system;
11.35 	(b) vote more than once at the same election;
12.1 	(c) put a ballot in a ballot box for any illegal purpose;
12.2 	(d) give more than one ballot of the same kind and color to an election judge to 
12.3 	be placed in a ballot box;
12.4 	(e) aid, abet, counsel or procure another to go into any precinct for the purpose 
12.5 	of voting in that precinct, knowing that the other individual is not eligible to vote in 
12.6 	that precinct; or
12.7 	(f) aid, abet, counsel or procure another to do any act in violation of this section.
12.8 	A violation of this section is a felony.

12.9 	Sec. 13. Minnesota Statutes 2010, section 204C.32, is amended to read:
12.10 	204C.32 CANVASS OF STATE PRIMARIES.
12.11 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
12.12 	county auditor's office on the third eighth day following the state primary. After taking the 
12.13 	oath of office, the canvassing board shall publicly canvass the election returns delivered 
12.14 	to the county auditor. The board shall complete the canvass on the third eighth day 
12.15 	following the state primary and shall promptly prepare and file with the county auditor 
12.16 	a report that states:
12.17 	(a) the number of individuals voting at the election in the county, and in each 
12.18 	precinct;
12.19 	(b) the number of individuals registering to vote on election day and the number of 
12.20 	individuals registered before election day in each precinct;
12.21 	(c) for each major political party, the names of the candidates running for each 
12.22 	partisan office and the number of votes received by each candidate in the county and in 
12.23 	each precinct;
12.24 	(d) the names of the candidates of each major political party who are nominated; and
12.25 	(e) the number of votes received by each of the candidates for nonpartisan office in 
12.26 	each precinct in the county and the names of the candidates nominated for nonpartisan 
12.27 	office.
12.28 	Upon completion of the canvass, the county auditor shall mail or deliver a notice of 
12.29 	nomination to each nominee for county office voted for only in that county. The county 
12.30 	auditor shall transmit one of the certified copies of the county canvassing board report 
12.31 	for state and federal offices to the secretary of state by express mail or similar service 
12.32 	immediately upon conclusion of the county canvass. The secretary of state shall mail a 
12.33 	notice of nomination to each nominee for state or federal office.
12.34 		Subd. 2.State canvass. The State Canvassing Board shall meet at the Secretary of 
12.35 	State's Office seven 14 days after the state primary to canvass the certified copies of the 
13.1 	county canvassing board reports received from the county auditors. Immediately after 
13.2 	the canvassing board declares the results, the secretary of state shall certify the names of 
13.3 	the nominees to the county auditors. The secretary of state shall mail to each nominee 
13.4 	a notice of nomination.

13.5 	Sec. 14. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
13.6 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
13.7 	county auditor's office between the third eighth and tenth 14th days following the state 
13.8 	general election. After taking the oath of office, the board shall promptly and publicly 
13.9 	canvass the general election returns delivered to the county auditor. Upon completion of 
13.10 	the canvass, the board shall promptly prepare and file with the county auditor a report 
13.11 	which states:
13.12 	(a) the number of individuals voting at the election in the county and in each precinct;
13.13 	(b) the number of individuals registering to vote on election day and the number of 
13.14 	individuals registered before election day in each precinct;
13.15 	(c) the names of the candidates for each office and the number of votes received by 
13.16 	each candidate in the county and in each precinct;
13.17 	(d) the number of votes counted for and against a proposed change of county lines 
13.18 	or county seat; and
13.19 	(e) the number of votes counted for and against a constitutional amendment or other 
13.20 	question in the county and in each precinct.
13.21 	The result of write-in votes cast on the general election ballots must be compiled by 
13.22 	the county auditor before the county canvass, except that write-in votes for a candidate for 
13.23 	federal, state, or county office must not be counted unless the candidate has timely filed a 
13.24 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
13.25 	municipality to provide an adequate number of election judges to perform this duty or the 
13.26 	county auditor may appoint additional election judges for this purpose. The county auditor 
13.27 	may open the envelopes or containers in which the voted ballots have been sealed in order 
13.28 	to count and record the write-in votes and must reseal the voted ballots at the conclusion 
13.29 	of this process. The county auditor must prepare a separate report of votes received by 
13.30 	precinct for write-in candidates for federal, state, and county offices who have requested 
13.31 	under section 204B.09 that votes for those candidates be tallied.
13.32 	Upon completion of the canvass, the county canvassing board shall declare the 
13.33 	candidate duly elected who received the highest number of votes for each county and state 
13.34 	office voted for only within the county. The county auditor shall transmit a certified 
13.35 	copy of the county canvassing board report for state and federal offices to the secretary 
14.1 	of state by messenger, express mail, or similar service immediately upon conclusion of 
14.2 	the county canvass.

14.3 	Sec. 15. Minnesota Statutes 2010, section 204C.37, is amended to read:
14.4 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
14.5 	STATE.
14.6 	A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, 
14.7 	subdivision 1, shall be certified under the official seal of the county auditor. The copy shall 
14.8 	be enclosed in an envelope addressed to the secretary of state, with the county auditor's 
14.9 	name and official address and the words "Election Returns" endorsed on the envelope. 
14.10 	The copy of the canvassing board report and the precinct summary statements must be 
14.11 	sent by express mail or delivered to the secretary of state. If the copy is not received by 
14.12 	the secretary of state within ten days following the applicable election a primary election, 
14.13 	or within 16 days following a general election, the secretary of state shall immediately 
14.14 	notify the county auditor, who shall deliver another copy to the secretary of state by 
14.15 	special messenger.

14.16 	Sec. 16. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
14.17 		Subd. 5.Results. The municipal primary shall be conducted and the returns made in 
14.18 	the manner provided for the state primary so far as practicable. On the third eighth day 
14.19 	after the primary, the governing body of the municipality shall canvass the returns, and the 
14.20 	two candidates for each office who receive the highest number of votes, or a number of 
14.21 	candidates equal to twice the number of individuals to be elected to the office, who receive 
14.22 	the highest number of votes, shall be the nominees for the office named. Their names shall 
14.23 	be certified to the municipal clerk who shall place them on the municipal general election 
14.24 	ballot without partisan designation and without payment of an additional fee.

14.25 	Sec. 17. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
14.26 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
14.27 	Between the third eighth and tenth 14th days after an election, the governing body of a 
14.28 	city conducting any election including a special municipal election, or the governing body 
14.29 	of a town conducting the general election in November shall act as the canvassing board, 
14.30 	canvass the returns, and declare the results of the election. The governing body of a town 
14.31 	conducting the general election in March shall act as the canvassing board, canvass the 
14.32 	returns, and declare the results of the election within two ten days after an election.
15.1 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
15.2 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
15.3 	not be issued until the outcome of the contest has been determined by the proper court.
15.4 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
15.5 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
15.6 	certify the results of the election to the county auditor, and the clerk shall be the final 
15.7 	custodian of the ballots and the returns of the election.

15.8 	Sec. 18. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
15.9 		Subd. 4.Results. The school district primary must be conducted and the returns 
15.10 	made in the manner provided for the state primary as far as practicable. On the third eighth
15.11 	day after the primary, the school board of the school district shall canvass the returns, 
15.12 	and the two candidates for each specified school board position who receive the highest 
15.13 	number of votes, or a number of candidates equal to twice the number of individuals to be 
15.14 	elected to at-large school board positions who receive the highest number of votes, are 
15.15 	the nominees for the office named. Their names must be certified to the school district 
15.16 	clerk who shall place them on the school district general election ballot without partisan 
15.17 	designation and without payment of an additional fee.

15.18 	Sec. 19. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
15.19 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Between 
15.20 	the third eighth and tenth 14th days after a school district election other than a recount of a 
15.21 	special election conducted under section 126C.17, subdivision 9, or 475.59, the school 
15.22 	board shall canvass the returns and declare the results of the election. After the time for 
15.23 	contesting elections has passed, the school district clerk shall issue a certificate of election 
15.24 	to each successful candidate. If there is a contest, the certificate of election to that office 
15.25 	must not be issued until the outcome of the contest has been determined by the proper 
15.26 	court. If there is a tie vote, the school board shall determine the result by lot. The clerk 
15.27 	shall deliver the certificate of election to the successful candidate by personal service or 
15.28 	certified mail. The successful candidate shall file an acceptance and oath of office in 
15.29 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
15.30 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
15.31 	but that filing may be made at any time before action to fill the vacancy has been taken. 
15.32 	The school district clerk shall certify the results of the election to the county auditor, and 
15.33 	the clerk shall be the final custodian of the ballots and the returns of the election.
16.1 	A school district canvassing board shall perform the duties of the school board 
16.2 	according to the requirements of this subdivision for a recount of a special election 
16.3 	conducted under section 126C.17, subdivision 9, or 475.59.

16.4 	Sec. 20. APPROPRIATION.
 16.5 	$....... is appropriated for fiscal years 2012 and 2013 to the state-subsidized 
16.6 	identification card account for purposes of providing state-subsidized identification cards 
16.7 	to individuals qualifying under Minnesota Statutes, section 171.07, subdivision 3b.

16.8 	Sec. 21. EFFECTIVE DATE.
 16.9 	This article is effective June 1, 2012, and applies to elections held on or after that 
16.10 	date.

16.11 	ARTICLE 2
16.12 	ELECTION ADMINISTRATION AND INTEGRITY

16.13 	Section 1. Minnesota Statutes 2010, section 5B.06, is amended to read:
16.14 	5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.
16.15 	(a) A program participant who is otherwise eligible to vote may register with the 
16.16 	secretary of state as an ongoing absentee voter. The secretary of state shall determine the 
16.17 	precinct in which the residential address of the program participant is located and shall 
16.18 	request from and receive from the county auditor or other election official the ballot for 
16.19 	that precinct and shall forward the absentee ballot to the program participant with the other 
16.20 	materials for absentee balloting as required by Minnesota law. The program participant 
16.21 	shall complete the ballot and return it to the secretary of state, who shall review the ballot 
16.22 	in the manner provided by section 203B.24. If the ballot and ballot materials comply with 
16.23 	the requirements of that section, the ballot must be certified by the secretary of state as 
16.24 	the ballot of a program participant, and must be forwarded to the appropriate electoral 
16.25 	jurisdiction for tabulation along with all other ballots. The name and address of a program 
16.26 	participant must not be listed in the statewide voter registration system.
16.27 	(b) The secretary of state shall provide information on options for program 
16.28 	participants to vote, including casting a ballot as permitted by this section, to all newly 
16.29 	certified program participants and on the secretary of state's Web site.

16.30 	Sec. 2. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to read:
17.1 		Subd. 2.Residential housing list. All postsecondary institutions that enroll students 
17.2 	accepting state or federal financial aid may prepare a current list of students enrolled in the 
17.3 	institution and residing in the institution's housing or within ten miles of the institution's 
17.4 	campus. The list shall include each student's current address. The list shall be certified and 
17.5 	sent to the appropriate county auditor or auditors, in an electronic format approved by the 
17.6 	secretary of state, for use in election day registration as provided under section 201.061, 
17.7 	subdivision 3. A residential housing list provided under this subdivision may not be used 
17.8 	or disseminated by a county auditor or the secretary of state for any other purpose.

17.9 	Sec. 3. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
17.10 	Any administrative rule authorized by the Minnesota Election Law and promulgated 
17.11 	by the secretary of state shall not take effect until the rule has been enacted into law by the 
17.12 	legislature and approved by the governor.

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

17.15 	Sec. 4. Minnesota Statutes 2010, section 201.021, is amended to read:
17.16 	201.021 PERMANENT REGISTRATION SYSTEM.
17.17 	A permanent system of voter registration by county is established, with a single, 
17.18 	official, centralized, interactive computerized statewide voter registration list defined, 
17.19 	maintained, and administered at the state level that contains the name and registration 
17.20 	information of every legally registered voter in the state, and assigns a unique identifier 
17.21 	to each legally registered voter in the state. The unique identifier shall be permanently 
17.22 	assigned to the voter and may not be changed or reassigned to another voter. The 
17.23 	interactive computerized statewide voter registration list constitutes the official list of every 
17.24 	legally registered voter in the state. The county auditor shall be chief registrar of voters 
17.25 	and the chief custodian of the official registration records in each county. The secretary of 
17.26 	state is responsible for defining, maintaining, and administering the centralized system.

17.27 	Sec. 5. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
17.28 		Subdivision 1.Establishment. The secretary of state shall maintain a statewide 
17.29 	voter registration system to facilitate voter registration and to provide a central database 
17.30 	containing voter registration information from around the state. The system must be 
17.31 	accessible to the county auditor of each county in the state. The system must also:
18.1 	(1) provide for voters to submit their voter registration applications to any county 
18.2 	auditor, the secretary of state, or the Department of Public Safety;
18.3 	(2) provide for the definition, establishment, and maintenance of a central database 
18.4 	for all voter registration information;
18.5 	(3) provide for entering data into the statewide registration system;
18.6 	(4) provide for electronic transfer of completed voter registration applications from 
18.7 	the Department of Public Safety to the secretary of state or the county auditor;
18.8 	(5) assign a unique, permanent identifier to each legally registered voter in the state;
18.9 	(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 
18.10 	state identification number, and last four digits of the Social Security number for each 
18.11 	voter record;
18.12 	(7) coordinate with other agency databases within the state;
18.13 	(8) allow county auditors and the secretary of state to add or modify information in 
18.14 	the system to provide for accurate and up-to-date records;
18.15 	(9) allow county auditors, municipal and school district clerks, and the secretary 
18.16 	of state to have electronic access to the statewide registration system for review and 
18.17 	search capabilities;
18.18 	(10) provide security and protection of all information in the statewide registration 
18.19 	system and ensure that unauthorized access is not allowed;
18.20 	(11) provide access to municipal clerks to use the system;
18.21 	(12) provide a system for each county to identify the precinct to which a voter 
18.22 	should be assigned for voting purposes;
18.23 	(13) provide daily reports accessible by county auditors on the driver's license 
18.24 	numbers, state identification numbers, or last four digits of the Social Security numbers 
18.25 	submitted on voter registration applications that have been verified as accurate by the 
18.26 	secretary of state; and
18.27 	(14) provide reports on the number of absentee ballots transmitted to and returned 
18.28 	and cast by voters under section 203B.16; and
18.29 	(15) provide reports on individuals who are not registered and believed to be 
18.30 	ineligible to vote, to the extent permitted by federal law. 
18.31 	The appropriate state or local official shall provide security measures to prevent 
18.32 	unauthorized access to the computerized list established under section 201.021. 

18.33 	Sec. 6. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
18.34 		Subd. 4.Registration by election judges; procedures. Registration at the polling 
18.35 	place on election day shall be conducted by the election judges. Before registering an 
19.1 	individual to vote at the polling place, the election judge must review any list of absentee 
19.2 	election day registrants provided by the county auditor or municipal clerk to see if the 
19.3 	person has already voted by absentee ballot. If the person's name appears on the list, the 
19.4 	election judge must not allow the individual to register or to vote in the polling place. The 
19.5 	election judges shall also review the list of individuals believed to be ineligible to vote 
19.6 	using the electronic roster, or a paper list provided by the county auditor or municipal clerk. 
19.7 	The election judge who registers an individual at the polling place on election day shall not 
19.8 	handle that voter's ballots at any time prior to the opening of the ballot box after the voting 
19.9 	ends. Registration applications and forms for oaths shall be available at each polling place. 
19.10 	If an individual who registers on election day proves residence by oath of a registered 
19.11 	voter, the form containing the oath shall be attached to the individual's registration 
19.12 	application. Registration applications completed on election day shall be forwarded to the 
19.13 	county auditor who shall add the name of each voter to the registration system unless the 
19.14 	information forwarded is substantially deficient. A county auditor who finds an election 
19.15 	day registration substantially deficient shall give written notice to the individual whose 
19.16 	registration is found deficient. An election day registration shall not be found deficient 
19.17 	solely because the individual who provided proof of residence was ineligible to do so.

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

19.24 	Sec. 8. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
19.25 		Subd. 3.Deficient registration. No voter registration application is deficient if it 
19.26 	contains the voter's name, address, date of birth, current and valid Minnesota driver's 
19.27 	license number or Minnesota state identification number, or if the voter has no current and 
19.28 	valid Minnesota driver's license or Minnesota state identification number, the last four 
19.29 	digits of the voter's Social Security number, if the voter has been issued a Social Security 
19.30 	number, prior registration, if any, and signature. The absence of a zip code number does 
19.31 	not cause the registration to be deficient. Failure to check a box on an application form 
19.32 	that a voter has certified to be true does not cause the registration to be deficient. The 
19.33 	election judges shall request an individual to correct a voter registration application if it is 
19.34 	deficient or illegible. No eligible voter may be prevented from voting unless the voter's 
20.1 	registration application is deficient or the voter is duly and successfully challenged in 
20.2 	accordance with section 201.195 or 204C.12.
20.3 	A voter registration application accepted prior to August 1, 1983, is not deficient for 
20.4 	lack of date of birth. The county or municipality may shall attempt to obtain the date of 
20.5 	birth for a voter registration application accepted prior to August 1, 1983, by a request to 
20.6 	the voter at any time except at the polling place. Failure by the voter to comply with this 
20.7 	request does not make the registration deficient.
20.8 	A voter registration application accepted before January 1, 2004, is not deficient for 
20.9 	lack of a valid Minnesota driver's license or state identification number or the last four 
20.10 	digits of a Social Security number. A voter registration application submitted by a voter 
20.11 	who does not have a Minnesota driver's license or state identification number, or a Social 
20.12 	Security number, is not deficient for lack of any of these numbers.

20.13 	Sec. 9. Minnesota Statutes 2010, section 201.081, is amended to read:
20.14 	201.081 REGISTRATION FILES.
20.15 	The statewide registration system is the official record of registered voters. The voter 
20.16 	registration applications and the terminal providing access to the statewide registration 
20.17 	system must be under the control of the county auditor or the public official to whom the 
20.18 	county auditor has delegated the responsibility for maintaining voter registration records. 
20.19 	The voter registration applications and terminals providing access to the statewide 
20.20 	registration system must not be removed from the control of the county auditor except 
20.21 	as provided in this section. The county auditor may make photographic copies of voter 
20.22 	registration applications in the manner provided by section 138.17.
20.23 	A properly completed voter registration application that has been submitted to the 
20.24 	secretary of state or a county auditor must be maintained by the secretary of state or 
20.25 	the county auditor for at least 22 36 months after the date that the information on the 
20.26 	application is entered into the database of the statewide registration system. The secretary 
20.27 	of state or the county auditor may dispose of the applications after retention for 22 36
20.28 	months in the manner provided by section 138.17.

20.29 	Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
20.30 		Subdivision 1.Entry of registration information. (a) At the time a voter 
20.31 	registration application is properly completed, submitted, and received in accordance with 
20.32 	sections 201.061 and 201.071, the county auditor shall enter the information contained on 
20.33 	it into the statewide registration system. Voter registration applications completed before 
20.34 	election day must be entered into the statewide registration system within ten days after 
21.1 	they have been submitted to the county auditor. Voter registration applications completed 
21.2 	on election day must be entered into the statewide registration system within 42 days after 
21.3 	the election, unless the county auditor notifies the secretary of state before the 42-day 
21.4 	deadline has expired that the deadline will not be met. 
21.5 	(b) Upon receiving a completed voter registration application, the secretary of state 
21.6 	may electronically transmit the information on the application to the appropriate county 
21.7 	auditor as soon as possible for review by the county auditor before final entry into the 
21.8 	statewide registration system. The secretary of state may mail the voter registration 
21.9 	application to the county auditor.
21.10 	(c) Within ten days after the county auditor has entered information from a voter 
21.11 	registration application into the statewide registration system, the secretary of state shall 
21.12 	compare the voter's name, date of birth, and driver's license number, state identification 
21.13 	number, or the last four digits of the Social Security number with the same information 
21.14 	contained in the Department of Public Safety database.
21.15 	(d) The secretary of state shall provide a report to the county auditor on a weekly 
21.16 	basis that includes a list of voters whose name, date of birth, or identification number have 
21.17 	been compared with the same information in the Department of Public Safety database 
21.18 	and cannot be verified as provided in this subdivision. The report must list separately 
21.19 	those voters who have submitted a voter registration application by mail and have not 
21.20 	voted in a federal election in this state.
21.21 	(e) The county auditor shall compile a list of voters for whom the county auditor 
21.22 	and the secretary of state are unable to conclude that information on the voter registration 
21.23 	application and the corresponding information in the Department of Public Safety database 
21.24 	relate to the same person.
21.25 	(f) The county auditor shall send a notice of incomplete registration to any voter 
21.26 	whose name appears on the list and change the voter's status to "incomplete." A voter who 
21.27 	receives a notice of incomplete registration from the county auditor may either provide 
21.28 	the information required to complete the registration at least 21 days before the next 
21.29 	election or at the polling place on election day.

21.30 	Sec. 11. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
21.31 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
21.32 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
21.33 	individuals registered on election day. The random sampling shall be determined in 
21.34 	accordance with the rules of the secretary of state. As soon as practicable after the 
21.35 	election, but no later than January 1 of the following year, the county auditor shall mail 
22.1 	the notice required by subdivision 2 to all other individuals registered on election day. 
22.2 	If a notice is returned as not deliverable, the county auditor shall attempt to determine 
22.3 	the reason for the return. A county auditor who does not receive or obtain satisfactory 
22.4 	proof of an individual's eligibility to vote shall immediately notify the county attorney of 
22.5 	all of the relevant information and the secretary of state of the numbers by precinct. By 
22.6 	March 1 of every odd-numbered year, the secretary of state shall report to the chair and 
22.7 	ranking minority members of the legislative committees with jurisdiction over elections 
22.8 	the number of notices reported under this subdivision to the secretary of state for the 
22.9 	previous state general election by county and precinct.

22.10 	Sec. 12. Minnesota Statutes 2010, section 201.171, is amended to read:
22.11 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
22.12 	REGISTRATION REMOVED.
22.13 	Within six weeks after every election, the county auditor shall post the voting 
22.14 	history for every person who voted in the election. After the close of the calendar year, the 
22.15 	secretary of state shall determine if any registrants have not voted during the preceding 
22.16 	four years. The secretary of state shall perform list maintenance by changing the status of 
22.17 	those registrants to "inactive" in the statewide registration system. The list maintenance 
22.18 	performed must be conducted in a manner that ensures that the name of each registered 
22.19 	voter appears in the official list of eligible voters in the statewide registration system. 
22.20 	A voter must not be removed from the official list of eligible voters unless the voter is 
22.21 	not eligible or is not registered to vote. List maintenance must include procedures for 
22.22 	eliminating duplicate names from the official list of eligible voters.
22.23 	The secretary of state shall also prepare a report to the county auditor containing the 
22.24 	names of all registrants whose status was changed to "inactive."
22.25 	Registrants whose status was changed to "inactive" must register in the manner 
22.26 	specified in section 201.054 before voting in any primary, special primary, general, school 
22.27 	district, or special election, as required by section 201.018.
22.28 	Although not counted in an election, a late or rejected absentee or mail ballot must 
22.29 	be considered a vote for the purpose of continuing registration under this section, but is 
22.30 	not considered voting history for the purpose of public information lists available under 
22.31 	section 201.091, subdivision 4.

22.32 	Sec. 13. [201.197] CHALLENGED ELIGIBILITY LIST.
22.33 	(a) The secretary of state shall maintain an electronic database of individuals not 
22.34 	registered and who are believed to be ineligible to vote under section 201.014, subdivision 
23.1 	2. The database may be maintained as a module of the statewide voter registration system, 
23.2 	if permitted by federal law, or maintained as a separate database, and at a minimum must 
23.3 	include an individual's name, address of residence, date of birth, the reason the individual 
23.4 	is believed to be ineligible to vote and, if available, the individual's driver's license or 
23.5 	state identification card number, or the last four digits of the individual's Social Security 
23.6 	number. Entries in the database shall be compiled using data submitted to the secretary of 
23.7 	state under this chapter, and other sources as the secretary may determine appropriate.
23.8 	(b) An elections official processing a voter registration application must verify 
23.9 	whether the individual listed on the application is included in the database of individuals 
23.10 	known to be ineligible to vote. If the individual is listed in the database, the voter 
23.11 	registration application may be accepted, but the voter's status must be listed as 
23.12 	"challenged." An election judge processing a voter registration application submitted by a 
23.13 	voter in a polling place on election day must verify the application using the electronic 
23.14 	roster, or if the polling place does not have an electronic roster, using a paper list provided 
23.15 	by the county auditor. A paper list used for verification in a polling place may be limited to 
23.16 	only those individuals known to be residents of the county in which the precinct is located.

23.17 	Sec. 14. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
23.18 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
23.19 	prescribe the form of polling place rosters that include the voter's name, address, date of 
23.20 	birth, school district number, and space for the voter's signature. The secretary of state 
23.21 	may prescribe additional election-related information to be placed on the polling place 
23.22 	rosters on an experimental basis for one state primary and general election cycle; the same 
23.23 	information may not be placed on the polling place roster for a second state primary and 
23.24 	general election cycle unless specified in this subdivision. The polling place roster must 
23.25 	be used to indicate whether the voter has voted in a given election. The secretary of state 
23.26 	shall prescribe procedures for transporting the polling place rosters to the election judges 
23.27 	for use on election day. The secretary of state shall prescribe the form for a county or 
23.28 	municipality to request the date of birth from currently registered voters. The county or 
23.29 	municipality shall not request the date of birth from currently registered voters by any 
23.30 	communication other than the prescribed form and the form must clearly indicate that a 
23.31 	currently registered voter does not lose registration status by failing to provide the date of 
23.32 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
23.33 	polling place rosters used on the date of election for 22 36 months following the election. 

23.34 	Sec. 15. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
24.1 		Subdivision 1.Application procedures. (a) Except as otherwise allowed by 
24.2 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 
24.3 	any election may be submitted at any time not less than one day before the day of that 
24.4 	election. The county auditor shall prepare absentee ballot application forms in the format 
24.5 	provided by the secretary of state and shall furnish them to any person on request. By 
24.6 	January 1 of each even-numbered year, the secretary of state shall make the forms to be 
24.7 	used available to auditors through electronic means. An application submitted pursuant to 
24.8 	this subdivision shall be in writing and shall be submitted to:
24.9 	(1) the county auditor of the county where the applicant maintains residence; or
24.10 	(2) the municipal clerk of the municipality, or school district if applicable, where 
24.11 	the applicant maintains residence.
24.12 	(b) An application shall be approved if it is timely received, signed and dated by the 
24.13 	applicant, and contains:
24.14 	(1) the applicant's name and residence and mailing addresses,;
24.15 	(2) the applicant's date of birth, and at least one of the following:;
24.16 	(3) the applicant's Minnesota driver's license number or Minnesota state 
24.17 	identification card number; and
24.18 	(4) the last four digits of the applicant's Social Security number or a statement that 
24.19 	the applicant does not have a Social Security number.
24.20 	(1) the applicant's Minnesota driver's license number;
24.21 	(2) Minnesota state identification card number;
24.22 	(3) the last four digits of the applicant's Social Security number; or
24.23 	(4) a statement that the applicant does not have any of these numbers.
24.24 	To be approved, the application must state that the applicant is eligible to vote by 
24.25 	absentee ballot for one of the reasons specified in section 203B.02, and must contain an 
24.26 	oath that the information contained on the form is accurate, that the applicant is applying 
24.27 	on the applicant's own behalf, and that the applicant is signing the form under penalty 
24.28 	of perjury.
24.29 	Prior to approval, the county auditor or municipal clerk must verify that the 
24.30 	Minnesota driver's license or state identification card number submitted by an applicant 
24.31 	is valid and assigned to that applicant. An application that contains a driver's license or 
24.32 	identification card number that is invalid or not assigned to the applicant must be rejected. 
24.33 	The county auditor or municipal clerk must also verify that the applicant does not appear 
24.34 	on any lists of known ineligible voters maintained by the county auditor or municipal 
24.35 	clerk, or provided to the county auditor or municipal clerk by the secretary of state. When 
24.36 	verifying eligibility, the county auditor or municipal clerk must use the same standards 
25.1 	and process as used for individuals appearing in the polling place on election day, except 
25.2 	that an applicant is not required to appear in person or present photo identification meeting 
25.3 	the standards of section 204C.10, subdivision 2.
25.4 	(c) An applicant's full date of birth, Minnesota driver's license or state identification 
25.5 	number, and the last four digits of the applicant's Social Security number must not be 
25.6 	made available for public inspection. An application may be submitted to the county 
25.7 	auditor or municipal clerk by an electronic facsimile device. An application mailed or 
25.8 	returned in person to the county auditor or municipal clerk on behalf of a voter by a 
25.9 	person other than the voter must be deposited in the mail or returned in person to the 
25.10 	county auditor or municipal clerk within ten days after it has been dated by the voter and 
25.11 	no later than six days before the election. The absentee ballot applications or a list of 
25.12 	persons applying for an absentee ballot may not be made available for public inspection 
25.13 	until the close of voting on election day.
25.14 	An application under this subdivision may contain an application under subdivision 
25.15 	5 to automatically receive an absentee ballot application.

25.16 	Sec. 16. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
25.17 		Subd. 2.Health care patient. An eligible voter who on the day before an election 
25.18 	becomes a resident or patient in a health care facility or hospital located in the municipality 
25.19 	in which the eligible voter maintains residence may apply for absentee ballots on election 
25.20 	day if the voter:
25.21 	(a) requests an application form by telephone from the municipal clerk not later than 
25.22 	5:00 p.m. on the day before election day; or
25.23 	(b) submits an absentee ballot application to the election judges engaged in 
25.24 	delivering absentee ballots pursuant to section 203B.11.

25.25 	Sec. 17. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
25.26 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
25.27 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
25.28 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
25.29 	preserved by the county auditor or municipal clerk for 22 36 months.

25.30 	Sec. 18. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
25.31 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
25.32 	county, municipality, and school district with responsibility to accept and reject absentee 
25.33 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
26.1 	of a sufficient number of election judges trained in the handling of absentee ballots and 
26.2 	appointed as provided in sections 204B.19 to 204B.22. The board may include staff 
26.3 	trained as election judges.
26.4 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
26.5 	jurisdiction's ballot board for services rendered during an election.
26.6 	(c) A ballot board may only meet to perform its duties under this chapter during the 
26.7 	period in which completed absentee ballots are accepted for an election. The time and 
26.8 	place of each meeting must be scheduled, announced, and posted on the Web site of the 
26.9 	governing body of the county, municipality, or school district at least 14 days prior to 
26.10 	convening the first meeting of the ballot board for an election. If the governing body of 
26.11 	the county, municipality, or school district does not have a Web site, the time and place 
26.12 	of each meeting must be posted, in writing, on the principal bulletin board of the body. 
26.13 	Meetings of the ballot board must be convened at the same time and in the same location. 
26.14 	The ballot board must also meet on any day during which the county or municipal offices 
26.15 	are open for the purposes of conducting election business prior to an election. A ballot 
26.16 	board may not meet except during regularly scheduled meetings announced and posted as 
26.17 	required by this paragraph.
26.18 	(d) Except as otherwise provided by this section, all provisions of the Minnesota 
26.19 	Election Law apply to a ballot board.

26.20 	Sec. 19. Minnesota Statutes 2010, section 204B.40, is amended to read:
26.21 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
26.22 	DISPOSITION; INSPECTION OF BALLOTS.
26.23 	The county auditors, municipal clerks, and school district clerks shall retain all 
26.24 	election materials returned to them after any election for at least 22 36 months from 
26.25 	the date of that election. All election materials involved in a contested election must be 
26.26 	retained for 22 36 months or until the contest has been finally determined, whichever is 
26.27 	later. Abstracts filed by canvassing boards shall be retained permanently by any officer 
26.28 	with whom those abstracts are filed. Election materials no longer required to be retained 
26.29 	pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. 
26.30 	Sealed envelopes containing voted ballots must be retained unopened, except as provided 
26.31 	in this section, in a secure location. The county auditor, municipal clerk, or school district 
26.32 	clerk shall not permit any voted ballots to be tampered with or defaced.
26.33 	After the time for filing a notice of contest for an election has passed, the secretary 
26.34 	of state may, for the purpose of monitoring and evaluating election procedures: (1) 
26.35 	open the sealed ballot envelopes and inspect the ballots for that election maintained by 
27.1 	the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 
27.2 	place rosters and completed voter registration applications; or (3) examine other forms 
27.3 	required in the Minnesota election laws for use in the polling place. No inspected ballot or 
27.4 	document may be marked or identified in any manner. After inspection, all ballots must be 
27.5 	returned to the ballot envelope and the ballot envelope must be securely resealed. Any 
27.6 	other election materials inspected or examined must be secured or resealed. No polling 
27.7 	place roster may be inspected until the voting history for that precinct has been posted. 
27.8 	No voter registration application may be inspected until the information on it has been 
27.9 	entered into the statewide registration system.

27.10 	Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
27.11 		Subdivision 1.Determination of proper number. The election judges shall 
27.12 	determine the number of ballots to be counted by adding the number of return envelopes 
27.13 	from accepted absentee ballots to the number of signed voter's certificates, or to the 
27.14 	number of names entered in the election register counting the number of original voter 
27.15 	signatures contained in the polling place roster, or on voter's receipts generated from an 
27.16 	electronic roster. The election judges may not count the number of voter receipts collected 
27.17 	in the precinct as a substitute for counting original voter signatures unless the voter 
27.18 	receipts contain the name, voter identification number, and signature of the voter to whom 
27.19 	the receipt was issued. The election judges shall then remove all the ballots from the box. 
27.20 	Without considering how the ballots are marked, the election judges shall ascertain that 
27.21 	each ballot is separate and shall count them to determine whether the number of ballots in 
27.22 	the box corresponds with the number of ballots to be counted.

27.23 	Sec. 21. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
27.24 		Subd. 2.Excess ballots. If two or more ballots are found folded together like 
27.25 	a single ballot, the election judges shall lay them aside until all the ballots in the box 
27.26 	have been counted. If it is evident from the number of ballots to be counted that the 
27.27 	ballots folded together were cast by one voter, the election judges shall preserve but not 
27.28 	count them. If the number of ballots in one box exceeds the number to be counted, the 
27.29 	election judges shall examine all the ballots in the box to ascertain that all are properly 
27.30 	marked with the initials of the election judges. If any ballots are not properly marked with 
27.31 	the initials of the election judges, the election judges shall preserve but not count them; 
27.32 	however, if the number of ballots does not exceed the number to be counted, the absence 
27.33 	of either or both sets of initials of the election judges does not, by itself, disqualify the 
27.34 	vote from being counted and must not but may be the basis of a challenge in a recount. 
28.1 	If there is still an excess of properly marked ballots, the election judges shall replace 
28.2 	them in the box, and one election judge, without looking, shall withdraw from the box 
28.3 	a number of ballots equal to the excess. The withdrawn ballots shall not be counted but 
28.4 	shall be preserved as provided in subdivision 4.

28.5 	Sec. 22. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
28.6 		Subd. 4.Ballots not counted; disposition. When the final count of ballots agrees 
28.7 	with the number of ballots to be counted, those ballots not counted shall be clearly marked 
28.8 	"excess" on the front of the ballot and attached to a certificate made by the election judges 
28.9 	which states the number of ballots not counted and why the ballots they were not counted. 
28.10 	The certificate and uncounted ballots shall be sealed in a separate envelope and returned 
28.11 	to clearly marked "excess ballots." The election judges shall sign their names over the 
28.12 	envelope seal and return the ballots to the county auditor or municipal or school district 
28.13 	clerk from whom they were received. Tabulation of vote totals from a precinct where 
28.14 	excess ballots were removed from the ballot box shall be completed by the canvassing 
28.15 	board responsible for certifying the election results from that precinct.

28.16 	Sec. 23. Minnesota Statutes 2010, section 204C.20, is amended by adding a 
28.17 	subdivision to read:
28.18 		Subd. 5.Applicability. The requirements of this section apply regardless of the 
28.19 	voting system or method of tabulation used in a precinct.

28.20 	Sec. 24. Minnesota Statutes 2010, section 204C.23, is amended to read:
28.21 	204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
28.22 	(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election 
28.23 	judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and 
28.24 	returned as required by section 204C.25. 
28.25 	(b) A ballot that is defective to the extent that the election judges are unable to 
28.26 	determine the voter's intent shall be marked on the back "Defective" if it is totally 
28.27 	defective or "Defective as to ......," naming the office or question if it is defective only in 
28.28 	part. Defective ballots must be placed in an envelope designated for defective ballots from 
28.29 	the precinct, sealed, and returned as required by section 204C.25.
28.30 	(c) A damaged or defective ballot that requires duplication must be handled as 
28.31 	required by section 206.86, subdivision 5.

28.32 	Sec. 25. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
29.1 		Subdivision 1.Information requirements. Precinct summary statements shall be 
29.2 	submitted by the election judges in every precinct. For all elections, the election judges 
29.3 	shall complete three or more copies of the summary statements, and each copy shall 
29.4 	contain the following information for each kind of ballot:
29.5 	(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count 
29.6 	made by the election judges, the number of unofficial ballots made, and the number of 
29.7 	absentee ballots delivered to the precinct;
29.8 	(b) (2) the number of votes each candidate received or the number of yes and no 
29.9 	votes on each question, the number of undervotes, the number of overvotes, and the 
29.10 	number of defective ballots with respect to each office or question;
29.11 	(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the 
29.12 	number of absentee ballots rejected, and the number of unused ballots, presuming that the 
29.13 	total count provided on each package of unopened prepackaged ballots is correct;
29.14 	(4) the number of ballots cast;
29.15 	(d) (5) the number of individuals who voted at the election in the precinct voter 
29.16 	signatures contained on the polling place roster or on voter receipts generated by an 
29.17 	electronic roster, which must equal the total number of ballots cast in the precinct, as 
29.18 	required by sections 204C.20 and 206.86, subdivision 1;
29.19 	(6) the number of excess ballots removed by the election judges, as required by 
29.20 	section 204C.20;
29.21 	(e) (7) the number of voters registering on election day in that precinct; and
29.22 	(f) (8) the signatures of the election judges who counted the ballots certifying that 
29.23 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
29.24 	entered by the election judges on the summary statements correctly show the number of 
29.25 	votes cast for each candidate and for and against each question.
29.26 	At least two copies of the summary statement must be prepared for elections not 
29.27 	held on the same day as the state elections.

29.28 	Sec. 26. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
29.29 		Subdivision 1.At the voting location Precinct polling locations; duties; 
29.30 	reconciliation. In precincts where an electronic voting system is used, as soon as the polls 
29.31 	are closed the election judges shall secure the voting systems against further voting. They 
29.32 	shall then open the ballot box and count the number of ballot cards ballots or envelopes 
29.33 	containing ballot cardsballots that have been cast to determine that the number of ballot 
29.34 	cards ballots does not exceed the number of voters shown on original voter signatures 
29.35 	contained in the election register or registration file polling place roster or on voter receipts 
30.1 	generated from an electronic roster. The election judges may not count the number of 
30.2 	voter receipts collected in the precinct as a substitute for counting original voter signatures 
30.3 	unless the voter receipts contain the name, voter identification number, and signature of 
30.4 	the voter to whom the receipt was issued. If there is an excess, the judges shall seal the 
30.5 	ballots in a ballot container and transport the container to the county auditor or municipal 
30.6 	clerk who shall process the ballots in the same manner as paper ballots are processed in 
30.7 	section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the 
30.8 	manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total 
30.9 	number of voters must be entered on the forms provided. The judges shall next count the 
30.10 	write-in votes and enter the number of those votes on forms provided for the purpose. 

30.11 	Sec. 27. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
30.12 		Subd. 2.Transportation of ballot cards ballots. The judges shall place all voted 
30.13 	ballot cards, excess ballots, defective ballots, and damaged ballots in the container 
30.14 	provided for transporting them to the counting center. The container must be sealed and 
30.15 	delivered immediately to the counting center by two judges who are not of the same major 
30.16 	political party. The judges shall also deliver to the counting center in a suitable container 
30.17 	the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued 
30.18 	to the voters and deposited during the day in the ballot box.

30.19 	Sec. 28. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
30.20 		Subdivision 1.Manner; time; contents. Service of a notice of contest must be 
30.21 	made in the same manner as the service of summons in civil actions. The notice of contest 
30.22 	must specify the grounds on which the contest will be made. The contestant shall serve 
30.23 	notice of the contest on the parties enumerated in this section. Notice must be served and 
30.24 	filed within five days after the canvass is completed in the case of a primary or special 
30.25 	primary or within seven days after the canvass is completed in the case of a special or 
30.26 	general election; except that:
30.27 	(1) if a contest is based on a deliberate, serious, and material violation of the election 
30.28 	laws which was discovered from the statements of receipts and disbursements required 
30.29 	to be filed by candidates and committees, the action may be commenced and the notice 
30.30 	served and filed within ten days after the filing of the statements in the case of a general 
30.31 	or special election or within five days after the filing of the statements in the case of a 
30.32 	primary or special primary.;
30.33 	(2) if a notice of contest questions only which party received the highest number 
30.34 	of votes legally cast at the election, a contestee who loses may serve and file a notice of 
31.1 	contest on any other ground during the three days following expiration of the time for 
31.2 	appealing the decision on the vote count; and
31.3 	(3) if data or documents necessary to determine grounds for a contest, including but 
31.4 	not limited to lists of the names of every voter who participated in an election, are not 
31.5 	available to a candidate or the general public prior to the close of the period for filing a 
31.6 	notice of contest under this section due to nonfeasance, malfeasance, or failure to perform 
31.7 	duties within the time required by statute on the part of the secretary of state, a county 
31.8 	auditor, or other state, county, or municipal election official, a notice of contest may be 
31.9 	served and filed within seven days after the data or documents become available for 
31.10 	inspection by the candidates and the general public.

31.11 	Sec. 29. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
31.12 		Subdivision 1.Appointment of inspectors. After a contest has been instituted, 
31.13 	either party may have the ballots all materials relating to the election, including, but not 
31.14 	limited to, polling place rosters, voter registration applications, accepted absentee ballot 
31.15 	envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct 
31.16 	summary statements, printouts from voting machines, and precinct incident logs, inspected 
31.17 	before preparing for trial. The party requesting an inspection shall file with the district 
31.18 	court where the contest is brought a verified petition, stating that the case cannot properly 
31.19 	be prepared for trial without an inspection of the ballots and designating the precincts in 
31.20 	which an inspection is desired. A judge of the court in which the contest is pending shall 
31.21 	then appoint as many sets of three inspectors for a contest of any office or question as are 
31.22 	needed to count and inspect the ballots expeditiously. One inspector must be selected by 
31.23 	each of the parties to the contest and a third must be chosen by those two inspectors. If 
31.24 	either party neglects or refuses to name an inspector, the judge shall appoint the inspector. 
31.25 	The compensation of inspectors is the same as for referees, unless otherwise stipulated.

31.26 	Sec. 30. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
31.27 		Subdivision 1.Soliciting near polling places. A person may not display campaign 
31.28 	material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 
31.29 	a polling place or within 100 feet of the building in which a polling place is situated, 
31.30 	or anywhere on the public property on which a polling place is situated, on primary or 
31.31 	election day to vote for or refrain from voting for a candidate or ballot question. A person 
31.32 	may not provide political badges, political buttons, or other political insignia to be worn at 
31.33 	or about the polling place on the day of a primary or election. A political badge, political 
31.34 	button, or other political insignia may not be worn at or about the polling place on primary 
32.1 	or election day if it is designed to influence voting for or against a particular candidate, 
32.2 	political party, or question on the ballot at the election. This section applies to areas 
32.3 	established by the county auditor or municipal clerk for absentee voting as provided in 
32.4 	chapter 203B.
32.5 	The secretary of state, county auditor, municipal clerk, or school district clerk may 
32.6 	provide stickers which contain the words "I VOTED" and nothing more. Election judges 
32.7 	may offer a sticker of this type to each voter who has signed the polling place roster
32.8 	or a voter's receipt.

32.9 	Sec. 31. Minnesota Statutes 2010, section 611A.32, subdivision 3, is amended to read:
32.10 		Subd. 3.Duties of grantees. (a) Every public or private nonprofit agency which 
32.11 	receives a grant to provide emergency shelter services to battered women and support 
32.12 	services to battered women and domestic abuse victims shall:
32.13 	 (1) comply with all rules of the commissioner related to the administration of the 
32.14 	pilot programs; and
32.15 	(2) provide information to all battered women receiving assistance from a shelter 
32.16 	facility, as defined in section 611A.37, subdivision 4, on the address confidentiality 
32.17 	program established in chapter 5B, including an application for the program and 
32.18 	information on the right of individuals certified as program participants to vote by 
32.19 	absentee ballot as permitted in section 5B.06.

32.20 	Sec. 32.  REPEALER.
 32.21 	Minnesota Statutes 2010, section 203B.04, subdivision 3, is repealed.

32.22 	ARTICLE 3
32.23 	ELECTRONIC ROSTERS

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

32.30 	Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
32.31 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
32.32 	prescribe the form of polling place rosters that include the voter's name, address, date of 
33.1 	birth, school district number, and space for the voter's signature. A polling place roster 
33.2 	provided in an electronic form must allow for a printed voter's receipt that meets the 
33.3 	standards provided in section 201.225, subdivision 2. The secretary of state may prescribe 
33.4 	additional election-related information to be placed on the polling place rosters on an 
33.5 	experimental basis for one state primary and general election cycle; the same information 
33.6 	may not be placed on the polling place roster for a second state primary and general 
33.7 	election cycle unless specified in this subdivision. The polling place roster must be used 
33.8 	to indicate whether the voter has voted in a given election. The secretary of state shall 
33.9 	prescribe procedures for transporting the polling place rosters to the election judges 
33.10 	for use on election day. The secretary of state shall prescribe the form for a county or 
33.11 	municipality to request the date of birth from currently registered voters. The county or 
33.12 	municipality shall not request the date of birth from currently registered voters by any 
33.13 	communication other than the prescribed form and the form must clearly indicate that a 
33.14 	currently registered voter does not lose registration status by failing to provide the date of 
33.15 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
33.16 	polling place rosters used on the date of election for 22 36 months following the election. 

33.17 	Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
33.18 		Subdivision 1.Certification of system. (a) Except as provided in paragraph (c), 
33.19 	a precinct may have a secure electronic connection to the statewide voter registration 
33.20 	system maintained by the secretary of state, to serve as the precinct's electronic polling 
33.21 	place roster.
33.22 	(b) Precincts may not use an electronic roster until the secretary of state has certified 
33.23 	that the secure electronic connection to the statewide voter registration system is sufficient 
33.24 	to prevent any voter from voting more than once at an election and to prevent access to 
33.25 	the system by unauthorized individuals.
33.26 	(c) If the county auditor or municipal clerk certifies to the secretary of state that a 
33.27 	precinct is unable to access the connection, the precinct may use two computers connected 
33.28 	together in the precinct as the electronic roster. At a minimum, computers used in a 
33.29 	precinct that do not have a live connection to the statewide voter registration system must 
33.30 	have a stored electronic roster of registered voters for that precinct. 
33.31 		Subd. 2.Minimum standards for electronic rosters. At a minimum, an electronic 
33.32 	roster must:
33.33 	(1) be preloaded with data from the statewide voter registration system, including 
33.34 	data on individuals known to be ineligible to vote;
34.1 	(2) permit all voting information processed by any computer in a precinct to be 
34.2 	immediately accessible to all other computers at all other connected precincts in the state;
34.3 	(3) provide for a printed voter's receipt, containing the voter's name, address of 
34.4 	residence, date of birth, voter identification number, the oath required by section 204C.10, 
34.5 	and a space for the voter's original signature;
34.6 	(4) immediately alert the election judge if the statewide voter registration system 
34.7 	indicates that a voter has already voted at the election in another polling place, is ineligible 
34.8 	to vote, or the voter's registration status is challenged;
34.9 	(5) automatically accept and input data from a scanned Minnesota driver's license or 
34.10 	identification card and match the data to an existing voter registration record, and permit 
34.11 	manual input of voter data, if necessary; and
34.12 	(6) perform any other functions required for the efficient and secure administration 
34.13 	of an election, as required by law.
34.14 		Subd. 3.Use of alternative roster. Any precinct that opts not to use an electronic 
34.15 	poll book must use an alternative roster that ensures election day registrations are subject 
34.16 	to the same verification standards as defined in subdivision 2, clauses (1), (2), (3), and (6).

34.17 	Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
34.18 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
34.19 	constitute at least one election precinct:
34.20 	(1) each city ward; and
34.21 	(2) each town and each statutory city.
34.22 	(b) A single, accessible, combined polling place may be established no later than 
34.23 	May 1 of any year:
34.24 	(1) for any city of the third or fourth class, any town, or any city having territory in 
34.25 	more than one county, in which all the voters of the city or town shall cast their ballots;
34.26 	(2) for two contiguous precincts in the same municipality that have a combined 
34.27 	total of fewer than 500 registered voters;
34.28 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
34.29 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
34.30 	(4) for noncontiguous precincts located in one or more counties.
34.31 	A copy of the ordinance or resolution establishing a combined polling place must 
34.32 	be filed with the county auditor within 30 days after approval by the governing body. A 
34.33 	polling place combined under clause (3) must be approved by the governing body of each 
34.34 	participating municipality. A polling place combined under clause (4) must be approved 
34.35 	by the governing body of each participating municipality and the secretary of state and 
35.1 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
35.2 	from participation in a combined polling place must do so by filing a resolution of 
35.3 	withdrawal with the county auditor no later than April 1 of any year.
35.4 	The secretary of state shall provide a separate polling place electronic roster 
35.5 	connection for each precinct served by the combined polling place. A single set of election 
35.6 	judges may be appointed to serve at a combined polling place. The number of election 
35.7 	judges required must be based on the total number of persons voting at the last similar 
35.8 	election in all precincts to be voting at the combined polling place. Separate ballot boxes 
35.9 	must be provided for the ballots from each precinct. The results of the election must be 
35.10 	reported separately for each precinct served by the combined polling place, except in a 
35.11 	polling place established under clause (2) where one of the precincts has fewer than ten 
35.12 	registered voters, in which case the results of that precinct must be reported in the manner 
35.13 	specified by the secretary of state.

35.14 	Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
35.15 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
35.16 	REGISTRATION.
35.17 	(a) An individual seeking to vote shall sign a polling place roster or printed voter's 
35.18 	receipt, generated from an electronic roster which states that the individual is at least 
35.19 	18 years of age, a citizen of the United States, has resided in Minnesota for 20 days 
35.20 	immediately preceding the election, maintains residence at the address shown, is not 
35.21 	under a guardianship in which the court order revokes the individual's right to vote, has 
35.22 	not been found by a court of law to be legally incompetent to vote or has the right to vote 
35.23 	because, if the individual was convicted of a felony, the felony sentence has expired or 
35.24 	been completed or the individual has been discharged from the sentence, is registered 
35.25 	and has not already voted in the election. The roster must also state: "I understand that 
35.26 	deliberately providing false information is a felony punishable by not more than five years 
35.27 	imprisonment and a fine of not more than $10,000, or both."
35.28 	(b) A judge may, before the applicant signs the roster or receipt, confirm the 
35.29 	applicant's name, address, and date of birth.
35.30 	(c) In precincts where a paper roster is used, after the applicant signs the roster, the 
35.31 	judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a 
35.32 	voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the 
35.33 	voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' 
35.34 	receipts must be maintained during the time for notice of filing an election contest for 36 
35.35 	months following the date of the election.

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

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

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

36.20 	Sec. 9. [206A.02] DEFINITIONS.
36.21 		Subdivision 1.Definitions. The definitions in this section apply to this chapter.
36.22 		Subd. 2.Designated election official. "Designated election official" means the 
36.23 	county auditor or municipal clerk.
36.24 		Subd. 3.Elector data. "Elector data" means voting information, including, but not 
36.25 	limited to, voter registration, voting history, and voting tabulations.
36.26 		Subd. 4.Electronic roster. "Electronic roster" is a list of eligible electors in 
36.27 	electronic format who are permitted to  vote at a polling place in an election conducted 
36.28 	under the Minnesota Election Law, which shall be processed by a computer at a precinct 
36.29 	to be immediately accessible to all other computers at all precincts in the state.
36.30 		Subd. 5.Teleprocessing lines. "Teleprocessing lines" means secure, dedicated 
36.31 	communication transmission facilities  used for the purpose of transferring elector data 
36.32 	between precincts and a centralized computerized roster maintained by the secretary of 
37.1 	state, to ensure the security and integrity of voting information so that no deviation can 
37.2 	go undetected.

37.3 	Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY 
37.4 	PROCEDURES.
37.5 	(a) The designated election official shall establish written security procedures 
37.6 	covering the transference of precinct teleprocessing information. The procedures must 
37.7 	include:
37.8 	(1) security covering the transmission of elector data processed through the 
37.9 	electronic roster and reconciliation of the registration and history of voters casting ballots 
37.10 	in a precinct; and
37.11 	(2) contingency procedures for network and power failure. The procedures must, at 
37.12 	a minimum, include procedures to address all single point failures including:
37.13 	(i) network failure;
37.14 	(ii) power failure that lasts less than one hour; and
37.15 	(iii) power failure that lasts more than one hour.
37.16 	(b) Acceptable alternatives for addressing power or system failures include either:
37.17 	(1) a paper backup of the roster with the minimum information required to verify a 
37.18 	voter's eligibility; or
37.19 	(2) a sufficient number of computers per precinct to ensure that the voter check-in 
37.20 	continues in an efficient manner. The computers must have the ability to function on 
37.21 	batteries or an external power source for up to two hours.
37.22 	(c) Each computer must have an electronic backup of the current roster in one of the 
37.23 	following formats:
37.24 	(1) a portable document file (PDF);
37.25 	(2) a spreadsheet; or
37.26 	(3) a database with a basic look-up interface.
37.27 	In addition to acceptable backup roster procedures, the security procedures must 
37.28 	address contingency procedures to protect against activities such as voting twice.

37.29 	Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
37.30 	(a) The designated election official shall submit to the secretary of state evidence 
37.31 	that the connection to an electronic roster is secure including details concerning encryption 
37.32 	methodology. In addition, the electronic roster must meet or exceed the standards provided 
37.33 	for in this section.
38.1 	(b) Proven, standard algorithms must be used as the basis for encryption 
38.2 	technologies.
38.3 	(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following 
38.4 	apply:
38.5 	(1) it is the responsibility of the county to ensure that unauthorized users are not 
38.6 	allowed access to internal networks;
38.7 	(2) VPN use is to be controlled using either a onetime password  authentication such 
38.8 	as a token device or a public/private key system with a strong passphrase;
38.9 	(3) when actively connected to the network, VPNs must force all traffic to and from 
38.10 	the computer over the VPN tunnel and all other traffic must be dropped;
38.11 	(4) dual (split) tunneling is not permitted; only one network connection is allowed;
38.12 	(5) VPN gateways must be set up and managed by the county or its designee;
38.13 	(6) all computers connected to internal networks via VPN or any other technology 
38.14 	must use up-to-date antivirus software; and
38.15 	(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

38.16 	Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION 
38.17 	REQUIREMENTS.
38.18 		Subdivision 1.Standards. (a) The electronic roster system connection must contain 
38.19 	enough bandwidth to handle the processing time, taking into account secured transaction 
38.20 	method, for any computer on the system as follows: 
38.21 	(1) a maximum of five seconds to update voter activity;
38.22 	(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; 
38.23 	and
38.24 	(3) a maximum of 45 seconds for session startup and password  verification.
38.25 	(b) The designated election official shall include in the security plan the system data 
38.26 	transfer requirements to completely process a single voter record. This must include at 
38.27 	least the following:
38.28 	(1) the data stream information on both sending and receiving data for all points of 
38.29 	the transaction until the transaction is complete;
38.30 	(2) information on all points where the connection is closed and the data stream 
38.31 	released between the remote computer and the server; and
38.32 	(3) the proposed method of securing transmissions across public networks.
38.33 	(c) The designated election official shall submit in the security plan a detailed list of 
38.34 	all precincts, with a  proposed number of workstations connecting to the database and the 
38.35 	proposed connection, including bandwidth and security, for each location.

39.1 	Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING 
39.2 	PROCEDURES.
39.3 	(a) The electronic roster application must be tested to ensure that it meets the 
39.4 	minimum system requirements prior to the first election in which it is used. The 
39.5 	application must also be tested after the implementation of any  system modifications. The 
39.6 	county shall indicate in the subsequent  security plan whether such retesting has occurred.
39.7 	(b) The test must, at a minimum, include the following:
39.8 	(1) a load test must be demonstrated through either 60 percent of actual computers 
39.9 	running at proposed bandwidth and security settings, or by simulating a load test;
39.10 	(2) a contingency/failure test must be demonstrated and documented  illustrating the 
39.11 	effects of failures identified in section 206A.03; and
39.12 	(3) all tests must be conducted with clients and servers in normal, typical, deployed 
39.13 	operating mode.
39.14 	(c) All records and documentation of the testing must be retained by the  designated 
39.15 	election official for a period of 36 months as part of the election record. The testing record 
39.16 	and documentation must include, but is not limited to, the following:
39.17 	(1) a formal test plan containing all test scripts used:
39.18 	(i) the test plan must include test environment containing make, model, type of 
39.19 	hardware, and software versions used in testing; and
39.20 	(ii) the test plan must also include the number of client computers, servers, and 
39.21 	physical locations involved in testing;
39.22 	(2) test logs of all events that were observed during testing, including:
39.23 	(i) the sequence of actions necessary to set up the tests;
39.24 	(ii) the actions necessary to start the tests;
39.25 	(iii) the actions taken during the execution of the tests;
39.26 	(iv) any measurements taken or observed during the tests;
39.27 	(v) any actions necessary to stop or shut down the tests;
39.28 	(vi) any actions necessary to bring the tests to a halt; and 
39.29 	(vii) any actions necessary or taken to deal with anomalies  experienced during 
39.30 	testing;
39.31 	(3) performance logs and reports taken from both servers and  workstations during 
39.32 	the testing which contain performance information of:
39.33 	(i) network usage (bandwidth);
39.34 	(ii) processor utilization;
39.35 	(iii) Random Access Memory (RAM) utilization; and
40.1 	(iv) any additional performance monitoring reports necessary to explain the process 
40.2 	taken and to support the findings of the  tests; and
40.3 	(4) all test logs must contain the date, time, operator, test status or outcome, and any 
40.4 	additional information to assist the secretary of state in making a determination.

40.5 	Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR 
40.6 	PRECINCTS EMPLOYING ELECTRONIC POLL BOOKS.
40.7 	Counties employing electronic poll books shall allocate computers to their precincts 
40.8 	based upon the following  minimum requirements. Voter registration numbers shall 
40.9 	be calculated based upon the total number of registered voters in the county 90 days 
40.10 	preceding the election. The minimum computers required shall be on site at each precinct. 
40.11 	Counties employing electronic poll books shall be allocated a minimum of two computers.

40.12 	Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
40.13 	(a) Written procedures and reports required by this chapter must be submitted to the 
40.14 	secretary of state for approval no later than 60 days before the election. The secretary of 
40.15 	state shall either approve the procedures as submitted or notify the designated election 
40.16 	official of recommended changes.
40.17 	(b) If the secretary of state rejects or approves the written procedures, the secretary 
40.18 	of state shall  provide written notice of the rejection or approval, including specifics of 
40.19 	noncompliance with this chapter within 15 days of receiving the written procedures.
40.20 	(c) If the secretary of state rejects the written procedures, the designated election 
40.21 	official shall submit a revised procedure within 15 days.
40.22 	(d) The secretary of state shall permit the filing of the revised procedures at a later 
40.23 	date if it is determined that compliance with the 15-day requirement is impossible.

40.24 	Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER 
40.25 	IMPLEMENTATION.
 40.26 		Subdivision 1.Creation. The Legislative Task Force on Electronic Roster 
40.27 	Implementation is established to facilitate development and implementation of electronic 
40.28 	rosters for use in elections, as required by this article.
40.29 		Subd. 2.Duties; considerations. (a) The task force shall:
40.30 	(1) study and recommend options for hardware that meets the standards for use in a 
40.31 	precinct as provided in Minnesota Statutes, chapter 206A;
40.32 	(2) study and facilitate implementation of software updates, add-ons, or other 
40.33 	changes to the statewide voter registration system that may be necessary to allow the 
41.1 	system to function as a networked database within or between precincts as required by 
41.2 	Minnesota Statutes, chapter 206A; and
41.3 	(3) recommend to the legislature any additional changes to law that may be 
41.4 	necessary to implement the requirements of this article.
41.5 	(b) Factors that must be considered by the task force in carrying out its duties 
41.6 	include, but are not limited to:
41.7 	(1) ease of equipment use by election administrators, election judges, and voters;
41.8 	(2) cost-effectiveness;
41.9 	(3) feasibility of available technologies within precincts;
41.10 	(4) the security, integrity, and reliability of the electronic roster system and its impact 
41.11 	on the security, integrity, and reliability of the election; and
41.12 	(5) minimum standards for equipment and software functionality as provided by law.
41.13 		Subd. 3.Membership. The task force consists of 16 members, as follows:
41.14 	(1) the speaker of the house shall appoint one member of the house of representatives, 
41.15 	and one individual who served as a head election judge affiliated with the speaker's 
41.16 	political party at the 2010 state general election;
41.17 	(2) the minority leader of the house of representatives shall appoint one member 
41.18 	of the house, and one individual who served as a head election judge affiliated with the 
41.19 	minority leader's political party at the 2010 state general election;
41.20 	(3) the majority leader of the senate shall appoint one member of the senate, and 
41.21 	one individual who served as a head election judge affiliated with the majority leader's 
41.22 	political party at the 2010 state general election;
41.23 	(4) the minority leader of the senate shall appoint one member of the senate, and 
41.24 	one individual who served as a head election judge affiliated with the minority leader's 
41.25 	political party at the 2010 state general election;
41.26 	(5) the Minnesota Association of County Auditors shall appoint one head elections 
41.27 	administrator from a representative county with a large population, one head elections 
41.28 	administrator from a representative county with an average-sized population, and one 
41.29 	head elections administrator from a representative county with a small population, as 
41.30 	defined by the association;
41.31 	(6) the Minnesota Association of Townships shall appoint one head elections 
41.32 	administrator;
41.33 	(7) the League of Minnesota Cities shall appoint one head elections administrator;
41.34 	(8) the secretary of state, or the secretary's designee;
41.35 	(9) the director of information technology in the Office of the Secretary of State; and
41.36 	(10) the Chief Information Officer of the state of Minnesota, or a designee.
42.1 	Appointments required by this subdivision shall be made within 21 days of 
42.2 	enactment of this article. The legislator appointed by the speaker of the house shall serve 
42.3 	as chair of the task force.
42.4 		Subd. 4.Report to legislature. The task force shall submit a report to the legislature 
42.5 	on its activities and recommendations no later than December 1, 2011.
42.6 		Subd. 5.Meetings; staff. (a) Meetings of the task force are subject to Minnesota 
42.7 	Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or 
42.8 	other data that is protected by law.
42.9 	(b) The director of the Legislative Coordinating Commission shall convene the first 
42.10 	meeting of the task force no later than July 1, 2011, or within 30 days of enactment of 
42.11 	this section, whichever is later, and shall provide staff as necessary to support the work of 
42.12 	the task force.

42.13 	Sec. 17. APPROPRIATION.
 42.14 	$...... is appropriated to the secretary of state from the Help America Vote 
42.15 	Act account for purposes of purchasing equipment and upgrading the statewide 
42.16 	voter registration system to serve as the electronic roster, including developing and 
42.17 	programming an additional module within the system, if necessary, to comply with the 
42.18 	requirements of this article.

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

42.20 	Sec. 18. EFFECTIVE DATE.
 42.21 	Except where otherwise provided, this article is effective August 14, 2012, and 
42.22 	applies to elections held on or after that date.

42.23 	ARTICLE 4
42.24 	RECOUNTS

42.25 	Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
42.26 	204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES 
42.27 	AGREE.
42.28 		Subdivision 1.Errors of election judges. If the candidates for an office 
42.29 	unanimously agree in writing that the election judges in any precinct have made an 
42.30 	obvious error in the counting or recording of the votes for that office, they shall deliver the 
42.31 	agreement to the county auditor of that county who shall reconvene the county canvassing 
43.1 	board, if necessary, and present the agreement to it. The county canvassing board shall 
43.2 	correct the error as specified in the agreement.
43.3 		Subd. 2.Errors of county canvassing board. If the candidates for an office 
43.4 	unanimously agree in writing that the county canvassing board has made an obvious error 
43.5 	in the counting and recording of the vote for that office they shall notify the county auditor 
43.6 	who shall reconvene the canvassing board. The county canvassing board shall promptly 
43.7 	correct the error as specified in the agreement and file an amended report. When an error is 
43.8 	corrected pursuant to this subdivision, the county canvassing board and the county auditor 
43.9 	shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 
43.10 		Subd. 3.Errors of State Canvassing Board. If the candidates for an office 
43.11 	unanimously agree in writing that the State Canvassing Board has made an obvious error 
43.12 	in the counting and recording of the vote for that office they shall deliver the agreement 
43.13 	to the secretary of state. If a certificate of election has not been issued, the secretary of 
43.14 	state shall reconvene the State Canvassing Board and present the agreement to it. The 
43.15 	board shall promptly correct the error as specified in the agreement and file an amended 
43.16 	statement. When an error is corrected pursuant to this subdivision by the State Canvassing 
43.17 	Board, the State Canvassing Board and the secretary of state shall proceed in accordance 
43.18 	with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 

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

43.22 	Sec. 3. [204E.02] RECOUNT OFFICIALS.
43.23 	(a) The secretary of state or the secretary of state's designee is the recount official 
43.24 	for recounts conducted by the State Canvassing Board. The county auditor or the county 
43.25 	auditor's designee is the recount official for recounts conducted by the county canvassing 
43.26 	board. The county auditor or the county auditor's designee shall conduct recounts for 
43.27 	county offices. The municipal clerk or the municipal clerk's designee is the recount official 
43.28 	for recounts conducted by the municipal governing body. The school district clerk or 
43.29 	the school district clerk's designee is the recount official for recounts conducted by the 
43.30 	school board, or by a school district canvassing board as provided in section 205A.10, 
43.31 	subdivision 5.
43.32 	(b) A recount official may delegate the duty to conduct a recount to a county auditor 
43.33 	or municipal clerk by mutual consent. When the person who would otherwise serve as 
43.34 	recount official is a candidate or is the employee or other subordinate, spouse, child, 
44.1 	parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling 
44.2 	of a candidate for the office to be recounted, the appropriate canvassing board shall select 
44.3 	a county auditor or municipal clerk from another jurisdiction to conduct the recount.
44.4 	(c) As used in this chapter, "legal adviser" means counsel to the recount official and 
44.5 	the canvassing board for the office being recounted.

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

44.13 	Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
44.14 		Subdivision 1.Automatic recounts. (a) In a state primary when the difference 
44.15 	between the votes cast for the candidates for nomination to a statewide federal office, 
44.16 	state constitutional office, statewide judicial office, congressional office, state legislative 
44.17 	office, or district judicial office is:
44.18 	(1) less than one-half of one percent of the total number of votes counted for that 
44.19 	nomination; or
44.20 	(2) ten votes or less and the total number of votes cast for the nomination is 400 
44.21 	votes or less, 
44.22 	and the difference determines the nomination, the canvassing board with responsibility for 
44.23 	declaring the results for that office shall manually recount the vote.
44.24 	(b) In a state general election when the difference between the votes of a candidate 
44.25 	who would otherwise be declared elected to a statewide federal office, state constitutional 
44.26 	office, statewide judicial office, congressional office, state legislative office, or district 
44.27 	judicial office and the votes of any other candidate for that office is:
44.28 	(1) less than one-half of one percent of the total number of votes counted for that 
44.29 	office; or
44.30 	(2) ten votes or less if the total number of votes cast for the office is 400 votes or less, 
44.31 	the canvassing board shall manually recount the votes.
44.32 	(c) Time for notice of a contest for an office recounted under this section begins to 
44.33 	run upon certification of the results of the recount by the canvassing board, or as otherwise 
44.34 	provided in section 209.021.
45.1 	(d) A losing candidate may waive a recount required by this section by filing a 
45.2 	written notice of waiver with the canvassing board.
45.3 		Subd. 2.Discretionary candidate recount. (a) A losing candidate whose name was 
45.4 	on the ballot for nomination or election to a statewide federal office, state constitutional 
45.5 	office, statewide judicial office, congressional office, state legislative office, or district 
45.6 	judicial office may request a recount in a manner provided in this section at the candidate's 
45.7 	own expense when the vote difference is greater than the difference required by this 
45.8 	section. The votes must be manually recounted as provided in this section if the candidate 
45.9 	files a request during the time for filing notice of contest of the primary or election for 
45.10 	which a recount is sought.
45.11 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 
45.12 	an amount set by the filing officer for the payment of the recount expenses. The requesting 
45.13 	candidate is responsible for the following expenses: the compensation of the secretary of 
45.14 	state or designees and any election judge, municipal clerk, county auditor, administrator, 
45.15 	or other personnel who participate in the recount; necessary supplies and travel related to 
45.16 	the recount; the compensation of the appropriate canvassing board and costs of preparing 
45.17 	for the canvass of recount results; and any attorney fees incurred in connection with the 
45.18 	recount by the governing body responsible for the recount.
45.19 	(c) The requesting candidate may provide the filing officer with a list of up to three 
45.20 	precincts that are to be recounted first and may waive the balance of the recount after these 
45.21 	precincts have been counted. If the candidate provides a list, the recount official must 
45.22 	determine the expenses for those precincts in the manner provided by paragraph (b).
45.23 	(d) If the winner of the race is changed by the optional recount, the cost of the 
45.24 	recount must be paid by the jurisdiction conducting the recount.
45.25 	(e) If a result of the vote counting in the manual recount is different from the result 
45.26 	of the vote counting reported on election day by a margin greater than the standard for 
45.27 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
45.28 	cost of the recount must be paid by the jurisdiction conducting the recount.

45.29 	Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND 
45.30 	MUNICIPAL ELECTIONS.
45.31 		Subdivision 1.Required recounts. (a) Except as provided in paragraph (b), a 
45.32 	losing candidate for nomination or election to a county, municipal, or school district office 
45.33 	may request a recount of the votes cast for the nomination or election to that office if 
45.34 	the difference between the votes cast for that candidate and for a winning candidate for 
45.35 	nomination or election is less than one-half of one percent of the total votes counted for 
46.1 	that office. In case of offices where two or more seats are being filled from among all the 
46.2 	candidates for the office, the one-half of one percent difference is between the elected 
46.3 	candidate with the fewest votes and the candidate with the most votes from among the 
46.4 	candidates who were not elected.
46.5 	(b) A losing candidate for nomination or election to a county, municipal, or school 
46.6 	district office may request a recount of the votes cast for nomination or election to that 
46.7 	office if the difference between the votes cast for that candidate and for a winning 
46.8 	candidate for nomination or election is ten votes or less, and the total number of votes cast 
46.9 	for the nomination or election of all candidates is no more than 400. In cases of offices 
46.10 	where two or more seats are being filled from among all the candidates for the office, 
46.11 	the ten-vote difference is between the elected candidate with the fewest votes and the 
46.12 	candidate with the most votes from among the candidates who were not elected.
46.13 	(c) Candidates for county offices shall file a written request for the recount with the 
46.14 	county auditor. Candidates for municipal or school district offices shall file a written 
46.15 	request with the municipal or school district clerk as appropriate. All requests must be 
46.16 	filed during the time for notice of contest of the primary or election for which a recount 
46.17 	is sought.
46.18 	(d) Upon receipt of a request made pursuant to this section, the county auditor 
46.19 	shall recount the votes for a county office at the expense of the county, the governing 
46.20 	body of the municipality shall recount the votes for a municipal office at the expense of 
46.21 	the municipality, and the school board of the school district shall recount the votes for a 
46.22 	school district office at the expense of the school district.
46.23 		Subd. 2.Discretionary candidate recounts. (a) A losing candidate for nomination 
46.24 	or election to a county, municipal, or school district office may request a recount in the 
46.25 	manner provided in this section at the candidate's own expense when the vote difference 
46.26 	is greater than the difference required by subdivision 1. The votes must be manually 
46.27 	recounted as provided in this section if the requesting candidate files with the county 
46.28 	auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by 
46.29 	the governing body of the jurisdiction or the school board of the school district for the 
46.30 	payment of the recount expenses.
46.31 	(b) The requesting candidate may provide the filing officer with a list of up to three 
46.32 	precincts that are to be recounted first and may waive the balance of the recount after these 
46.33 	precincts have been counted. If the candidate provides a list, the recount official must 
46.34 	determine the expenses for those precincts in the manner provided by this paragraph.
46.35 	(c) If the winner of the race is changed by the optional recount, the cost of the 
46.36 	recount must be paid by the jurisdiction conducting the recount.
47.1 	(d) If a result of the vote counting in the manual recount is different from the result 
47.2 	of the vote counting reported on election day by a margin greater than the standard for 
47.3 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
47.4 	cost of the recount must be paid by the jurisdiction conducting the recount.
47.5 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
47.6 	for a ballot question when the difference between the votes for and the votes against the 
47.7 	question is less than or equal to the difference provided in subdivision 1. A recount may 
47.8 	be requested by any person eligible to vote on the ballot question. A written request for a 
47.9 	recount must be filed with the filing officer of the county, municipality, or school district 
47.10 	placing the question on the ballot and must be accompanied by a petition containing the 
47.11 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
47.12 	when the difference between the votes for and the votes against the question is less than or 
47.13 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
47.14 	for a county question at the expense of the county, the governing body of the municipality 
47.15 	shall recount the votes for a municipal question at the expense of the municipality, and the 
47.16 	school board of the school district shall recount the votes for a school district question at 
47.17 	the expense of the school district. If the difference between the votes for and the votes 
47.18 	against the question is greater than the difference provided in subdivision 1, the person 
47.19 	requesting the recount shall also file with the filing officer of the county, municipality, or 
47.20 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
47.21 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
47.22 	or surety required must be filed during the time for notice of contest for the election for 
47.23 	which the recount is requested.
47.24 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
47.25 	discretionary recount, is responsible for the following expenses: the compensation of the 
47.26 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
47.27 	administrator, or other personnel who participate in the recount; necessary supplies and 
47.28 	travel related to the recount; the compensation of the appropriate canvassing board and 
47.29 	costs of preparing for the canvass of recount results; and any attorney fees incurred in 
47.30 	connection with the recount by the governing body responsible for the recount.
47.31 		Subd. 5.Notice of contest. Except as otherwise provided in section 209.021, the 
47.32 	time for notice of contest of a nomination or election to an office which is recounted 
47.33 	pursuant to this section begins to run upon certification of the results of the recount by the 
47.34 	appropriate canvassing board or governing body.

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

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

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

48.27 	Sec. 10. [204E.09] GENERAL PROCEDURES.
48.28 	At the opening of a recount, the recount official or legal adviser shall present the 
48.29 	procedures contained in this section for the recount. The custodian of the ballots shall 
48.30 	make available to the recount official the precinct summary statements, the precinct boxes 
48.31 	or the sealed containers of voted ballots, and any other election materials requested by the 
48.32 	recount official. If the recount official needs to leave the room for any reason, the recount 
48.33 	official must designate a deputy recount official to preside during the recount official's 
49.1 	absence. A recount official must be in the room at all times. The containers of voted ballots 
49.2 	must be unsealed and resealed within public view. No ballots or election materials may be 
49.3 	handled by candidates, their representatives, or members of the public. There must be an 
49.4 	area of the room from which the public may observe the recount. Cell phones and video 
49.5 	cameras may be used in this public viewing area, as long as their use is not disruptive. The 
49.6 	recount official shall arrange the counting of the ballots so that the candidates and their 
49.7 	representatives may observe the ballots as they are recounted. Candidates may each have 
49.8 	one representative observe the sorting of each precinct. One additional representative per 
49.9 	candidate may observe the ballots when they have been sorted and are being counted 
49.10 	pursuant to section 204E.10. Candidates may have additional representatives in the public 
49.11 	viewing area of the room. If other election materials are handled or examined by the 
49.12 	recount officials, the candidates and their representatives may observe them. The recount 
49.13 	official shall ensure that public observation does not interfere with the counting of the 
49.14 	ballots. The recount official shall prepare a summary of the recount vote by precinct.

49.15 	Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
49.16 		Subdivision 1.Breaks in counting process. Recount officials may not take a break 
49.17 	for a meal or for the day prior to the completion of the sorting, counting, review, and 
49.18 	labeling of challenges, and secure storage of the ballots for any precinct. All challenged 
49.19 	ballots must be stored securely during breaks in the counting process.
49.20 		Subd. 2.Sorting ballots. Ballots must be recounted by precinct. The recount 
49.21 	official shall open the sealed container of ballots and recount them in accordance with 
49.22 	section 204C.22. The recount official must review each ballot and sort the ballots into 
49.23 	piles based upon the recount official's determination as to which candidate, if any, the 
49.24 	voter intended to vote for: one pile for each candidate that is the subject of the recount 
49.25 	and one pile for all other ballots. 
49.26 		Subd. 3.Challenge. During the sorting, a candidate or candidate's representative 
49.27 	may challenge the ballot if the candidate's representative disagrees with the recount 
49.28 	official's determination of the person for whom the ballot should be counted and whether 
49.29 	there are identifying marks on the ballot. At a recount of a ballot question, the manner 
49.30 	in which a ballot is counted may be challenged by the person who requested the recount 
49.31 	or that person's representative. Challenges may not be automatic or frivolous and the 
49.32 	challenger must state the basis for the challenge pursuant to section 204C.22. Challenged 
49.33 	ballots must be placed into separate piles, one for ballots challenged by each candidate. 
49.34 	Only the canvassing board with responsibility to certify the results of the recount has the 
49.35 	authority to declare a challenge to be "frivolous."
50.1 		Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must 
50.2 	count the piles using the stacking method described in section 204C.21. A candidate or 
50.3 	candidate's representative may immediately request to have a pile of 25 counted a second 
50.4 	time if there is not agreement as to the number of votes in the pile.
50.5 		Subd. 5.Reviewing and labeling challenged ballots. After the ballots from 
50.6 	a precinct have been counted, the recount official may review the challenged ballots 
50.7 	with the candidate or the candidate's representative. The candidate's representative may 
50.8 	choose to withdraw any challenges previously made. The precinct name, the reason 
50.9 	for the challenge, and the name of the person challenging the ballot or the candidate 
50.10 	that person represents, and a sequential number must be marked on the back of each 
50.11 	remaining challenged ballot before it is placed in an envelope marked "Challenged 
50.12 	Ballots." After the count of votes for the precinct has been determined, all ballots except 
50.13 	the challenged ballots must be resealed in the ballot envelopes and returned with the other 
50.14 	election materials to the custodian of the ballots. The recount official may make copies 
50.15 	of the challenged ballots. After the count of votes for all precincts has been determined 
50.16 	during that day of counting, the challenged ballot envelope must be sealed and kept secure 
50.17 	for presentation to the canvassing board.

50.18 	Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
50.19 		Subdivision 1.Certification of results. The recount official shall present the 
50.20 	summary statement of the recount and any challenged ballots to the canvassing board. 
50.21 	The candidate or candidate's representative who made the challenge may present the 
50.22 	basis for the challenge to the canvassing board. The canvassing board shall rule on the 
50.23 	challenged ballots and incorporate the results into the summary statement. The canvassing 
50.24 	board shall certify the results of the recount. Challenged ballots must be returned to the 
50.25 	election official who has custody of the ballots.
50.26 		Subd. 2.Tie votes. In case of a tie vote for nomination or election to an office, the 
50.27 	canvassing board with the responsibility for declaring the results for that office shall 
50.28 	determine the tie by lot.

50.29 	Sec. 13. [204E.12] SECURITY DEPOSIT.
50.30 	When a bond, cash, or surety for recount expenses is required by section 204E.04 
50.31 	or 204E.05, the governing body or recount official shall set the amount of the security 
50.32 	deposit at an amount which will cover expected recount expenses. In multicounty districts, 
50.33 	the secretary of state shall set the amount taking into consideration the expenses of the 
50.34 	election jurisdictions in the district and the expenses of the secretary of state. The security 
51.1 	deposit must be filed during the period for requesting an administrative recount. In 
51.2 	determining the expenses of the recount, only the actual recount expenditures incurred 
51.3 	by the recount official and the election jurisdiction in conducting the recount may be 
51.4 	included. General office and operating costs may not be taken into account.

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

51.10	Column A
	Column B
	
51.11	204C.34
	204E.11, subdivision 2
	
51.12	204C.35
	204E.04
	
51.13	204C.36
	204E.05

51.14 	Sec. 15.  REPEALER.
 51.15 	Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are 
51.16 	repealed.

51.17 	Sec. 16. EFFECTIVE DATE.
 51.18 	This article is effective June 1, 2011, and applies to recounts conducted on or after 
51.19 	that date.