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 	13.69, subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision; 
1.11 	171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions 
1.12 	1, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071; 
1.13 	171.11; 171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision 
1.14 	1; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121, 
1.15 	subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1, 
1.16 	2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2; 
1.17 	204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, subdivisions 
1.18 	1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32; 
1.19 	204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065, 
1.20 	subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, 
1.21 	subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, 
1.22 	subdivision 1; 211B.11, subdivision 1; proposing coding for new law in 
1.23 	Minnesota Statutes, chapters 200; 201; 204C; 299A; proposing coding for new 
1.24 	law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes 
1.25 	2010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361.
1.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

1.30 	Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
1.31 		Subdivision 1.Classifications. (a) The following government data of the 
1.32 	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 171.01, is amended by adding a subdivision 
2.27 	to read:
2.28 		Subd. 51.Voter identification card. "Voter identification card" means a card 
2.29 	issued or issuable under the laws of this state by the commissioner of public safety that 
2.30 	denotes citizenship, identity, and residence address and may be used as identification 
2.31 	and proof of residence for election day voter registration and for voting on election day, 
2.32 	but for no other purpose.

2.33 	Sec. 3. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
3.1 		Subdivision 1.Forms of application. Every application for a Minnesota 
3.2 	identification card, for an enhanced identification card, for an instruction permit, for 
3.3 	a provisional license, for a driver's license, or for an enhanced driver's license, or for a 
3.4 	voter identification card  must be made in a format approved by the department, and every 
3.5 	application, except for an application for a voter identification card,  must be accompanied 
3.6 	by the proper fee. All first-time applications and change-of-status applications must be 
3.7 	signed in the presence of the person authorized to accept the application, or the signature 
3.8 	on the application may be verified by a notary public. All applications requiring evidence 
3.9 	of legal presence in the United States or United States citizenship must be signed in 
3.10 	the presence of the person authorized to accept the application, or the signature on the 
3.11 	application may be verified by a notary public.

3.12 	Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
3.13 		Subd. 2.Fees. (a) The fees for a license and Minnesota identification card are 
3.14 	as follows:

3.15	Classified Driver's License
		D-$22.25
	C-$26.25
	B-$33.25
	A-$41.25
	
3.16	Classified Under-21 D.L.
		D-$22.25
	C-$26.25
	B-$33.25
	A-$21.25
	
3.17	Enhanced Driver's License
		D-$37.25
	C-$41.25
	B-$48.25
	A-$56.25
	
3.18	Instruction Permit
					$10.25
	
3.19
3.20	Enhanced Instruction 
Permit
					$25.25
	
3.21	Provisional License
					$13.25
	
3.22
3.23	Enhanced Provisional 
License
					$28.25
	
3.24
3.25
3.26	Duplicate License or 
duplicate identification 
card
					$11.75
	
3.27
3.28
3.29
3.30	Enhanced Duplicate 
License or enhanced 
duplicate identification 
card
					$26.75
	
3.31
3.32
3.33
3.34
3.35
3.36
3.37	Minnesota identification 
card or Under-21 
Minnesota identification 
card, other than duplicate, 
except as otherwise 
provided in section 171.07, 
subdivisions 3 and 3a
					$16.25
	
3.38
3.39	Enhanced Minnesota 
identification card
					$31.25
	
3.40 	In addition to each fee required in this paragraph, the commissioner shall collect a 
3.41 	surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 
4.1 	credited to the driver and vehicle services technology account in the special revenue fund 
4.2 	under section 299A.705.
4.3 	(b) Notwithstanding paragraph (a), an individual who holds a provisional license and 
4.4 	has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 
4.5 	169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 
4.6 	violations, and (3) convictions for moving violations that are not crash related, shall have a 
4.7 	$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 
4.8 	has the meaning given it in section 171.04, subdivision 1.
4.9 	(c) In addition to the driver's license fee required under paragraph (a), the 
4.10 	commissioner shall collect an additional $4 processing fee from each new applicant 
4.11 	or individual renewing a license with a school bus endorsement to cover the costs for 
4.12 	processing an applicant's initial and biennial physical examination certificate. The 
4.13 	department shall not charge these applicants any other fee to receive or renew the 
4.14 	endorsement.
4.15 	(d) The commissioner shall not collect any fee or surcharge for a voter identification 
4.16 	card.

4.17 	Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
4.18 		Subd. 3.Contents of license application; other information. (a) An application 
4.19 	for a Minnesota identification card, enhanced identification card, instruction permit, 
4.20 	provisional license, driver's license, or enhanced driver's license must:
4.21 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
4.22 	applicant, or (ii) designated address under section 5B.05;
4.23 	(2) as may be required by the commissioner, contain a description of the applicant 
4.24 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
4.25 	applicant's ability to operate a motor vehicle with safety;
4.26 	(3) state:
4.27 	(i) the applicant's Social Security number; or
4.28 	(ii) if the applicant does not have a Social Security number and is applying for a 
4.29 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
4.30 	that the applicant certifies that the applicant does not have a Social Security number;
4.31 	(4) in the case of an application for an enhanced driver's license or enhanced 
4.32 	identification card, present:
4.33 	(i) proof satisfactory to the commissioner of the applicant's full legal name, United 
4.34 	States citizenship, identity, date of birth, Social Security number, and residence address; 
4.35 	and
5.1 	(ii) a photographic identity document;
5.2 	(5) contain a space where the applicant may indicate a desire to make an anatomical 
5.3 	gift according to paragraph (b);
5.4 	(6) contain a notification to the applicant of the availability of a living will/health 
5.5 	care directive designation on the license under section 171.07, subdivision 7; and
5.6 	(7) contain a space where the applicant may request a veteran designation on the 
5.7 	license under section 171.07, subdivision 15, and the driving record under section 171.12, 
5.8 	subdivision 5a.
5.9 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
5.10 	the application is made, the applicant must be offered a donor document in accordance 
5.11 	with section 171.07, subdivision 5. The application must contain statements sufficient to 
5.12 	comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 
5.13 	Act, chapter 525A, so that execution of the application or donor document will make 
5.14 	the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 
5.15 	desire to make an anatomical gift. The application must be accompanied by information 
5.16 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
5.17 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
5.18 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
5.19 	that must accompany all applications for and renewals of a driver's license or Minnesota 
5.20 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
5.21 	procurement organization that is certified by the federal Department of Health and Human 
5.22 	Services and must include:
5.23 	(1) a statement that provides a fair and reasonable description of the organ donation 
5.24 	process, the care of the donor body after death, and the importance of informing family 
5.25 	members of the donation decision; and
5.26 	(2) a telephone number in a certified Minnesota organ procurement organization that 
5.27 	may be called with respect to questions regarding anatomical gifts.
5.28 	(c) The application must be accompanied also by information containing relevant 
5.29 	facts relating to:
5.30 	(1) the effect of alcohol on driving ability;
5.31 	(2) the effect of mixing alcohol with drugs;
5.32 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
5.33 	influence of alcohol or a controlled substance; and
5.34 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
5.35 	for alcohol-related violations.

6.1 	Sec. 6. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision 
6.2 	to read:
6.3 		Subd. 3b.Application for voter identification card. An application for a voter 
6.4 	identification card, including a renewal or duplicate card, or a new card required as a 
6.5 	result of change of address, must:
6.6 	(1) state the applicant's full legal name, date of birth, sex, and residence address;
6.7 	(2) describe the applicant in the manner the commissioner deems necessary;
6.8 	(3) be accompanied by proof satisfactory to the commissioner of the applicant's 
6.9 	United States citizenship;
6.10 	(4) state the length of residence at the applicant's current address; and
6.11 	(5) present a photographic identity document or affirm under penalty of perjury that 
6.12 	the applicant has a religious objection to the use of a photographic image.

6.13 	Sec. 7. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:
6.14 		Subdivision 1.Definitions. For purposes of this section:
6.15 	(1) "applicant" means an individual applying for a driver's license, provisional 
6.16 	license, restricted license, duplicate license, instruction permit, Minnesota identification 
6.17 	card, voter identification card, or motorized bicycle operator's permit; and
6.18 	(2) "application" refers to an application for a driver's license, provisional license, 
6.19 	restricted license, duplicate license, instruction permit, Minnesota identification card, 
6.20 	 voter identification card, or motorized bicycle operator's permit.

6.21 	Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:
6.22 		Subd. 3.Application. An applicant may file an application with an agent. The 
6.23 	agent shall receive and accept applications in accordance with the laws and rules of the 
6.24 	Department of Public Safety for a driver's license, restricted license, duplicate license, 
6.25 	instruction permit, Minnesota identification card, voter identification card, or motorized 
6.26 	bicycle operator's permit.

6.27 	Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
6.28 		Subd. 4.Fee; equipment. (a) The agent may charge and retain a filing fee of 
6.29 	$5 for each application, except for an application for a voter identification card, for 
6.30 	which no filing fee may be charged. Except as provided in paragraph (b), the fee shall 
6.31 	cover all expenses involved in receiving, accepting, or forwarding to the department the 
6.32 	applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions 
6.33 	2 and 2a; and 171.07, subdivisions 3 and 3a.
7.1 	(b) The department shall maintain the photo identification equipment for all 
7.2 	agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or 
7.3 	discontinuance of an existing agent, and if a new agent is appointed in an existing office 
7.4 	pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota 
7.5 	Rules, part 7404.0400, the department shall provide and maintain photo identification 
7.6 	equipment without additional cost to a newly appointed agent in that office if the office 
7.7 	was provided the equipment by the department before January 1, 2000. All photo 
7.8 	identification equipment must be compatible with standards established by the department.
7.9 	(c) A filing fee retained by the agent employed by a county board must be paid into 
7.10 	the county treasury and credited to the general revenue fund of the county. An agent who 
7.11 	is not an employee of the county shall retain the filing fee in lieu of county employment 
7.12 	or salary and is considered an independent contractor for pension purposes, coverage 
7.13 	under the Minnesota State Retirement System, or membership in the Public Employees 
7.14 	Retirement Association.
7.15 	(d) Before the end of the first working day following the final day of the reporting 
7.16 	period established by the department, the agent must forward to the department all 
7.17 	applications and fees collected during the reporting period except as provided in paragraph 
7.18 	(c). The department shall transmit payment to the agent of $5 for each application for a 
7.19 	voter identification card. An agent employed by a county board shall remit the payments 
7.20 	to the county under paragraph (c) and all other agents may retain the payments.

7.21 	Sec. 10. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:
7.22 		Subd. 1a.Filing photograph or image; data classification. The department 
7.23 	shall file, or contract to file, all photographs or electronically produced images obtained 
7.24 	in the process of issuing drivers' licenses or, Minnesota identification cards, or voter 
7.25 	identification cards. The photographs or electronically produced images shall be private 
7.26 	data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 
7.27 	3, the department shall not be required to provide copies of photographs or electronically 
7.28 	produced images to data subjects. The use of the files is restricted:
7.29 	(1) to the issuance and control of drivers' licenses and voter identification cards;
7.30 	(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
7.31 	investigation and prosecution of crimes, service of process, enforcement of no contact 
7.32 	orders, location of missing persons, investigation and preparation of cases for criminal, 
7.33 	juvenile, and traffic court, and supervision of offenders;
7.34 	(3) to public defenders, as defined in section 611.272, for the investigation and 
7.35 	preparation of cases for criminal, juvenile, and traffic courts; and
8.1 	(4) to child support enforcement purposes under section 256.978.

8.2 	Sec. 11. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision 
8.3 	to read:
8.4 		Subd. 3b.Voter identification cards. (a) A voter identification card must be 
8.5 	issued to a qualifying applicant who, on the election day next occurring after the date of 
8.6 	issuance, will meet the voter eligibility requirements of the Minnesota State Constitution 
8.7 	and statutes, and who does not possess a current Minnesota driver's license or Minnesota 
8.8 	identification card.
8.9 	(b) A voter identification card must bear a distinguishing number assigned to the 
8.10 	applicant; the applicant's full name and date of birth; the applicant's address of residence; 
8.11 	a description of the applicant in the manner as the commissioner deems necessary; the 
8.12 	date of the card's expiration; and the usual signature of the applicant. The card must bear 
8.13 	a colored photograph or an electronically produced image of the applicant, or, for an 
8.14 	applicant who has affirmed a religious objection under section 171.06, subdivision 3b, 
8.15 	clause (5), the card must bear the words "Valid without photograph."
8.16 	(c) A voter identification card shall not be valid identification for purposes unrelated 
8.17 	to voting in Minnesota. 
8.18 	(d) A voter identification card must be of a different color scheme than a Minnesota 
8.19 	driver's license or state identification card, but must incorporate the same information and 
8.20 	security features as provided in subdivision 9.
8.21 	(e) Each voter identification card must be plainly marked: "Voter Identification â€“ 
8.22 	Not a driver's license. Valid Identification Only for Voting."

8.23 	Sec. 12. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
8.24 		Subd. 4.Expiration. (a) Except as otherwise provided in this subdivision, 
8.25 	the expiration date of Minnesota identification cards and voter identification cards of 
8.26 	applicants under the age of 65 shall be the birthday of the applicant in the fourth year 
8.27 	following the date of issuance of the card.
8.28 	(b) Minnesota identification cards and voter identification cards issued to applicants 
8.29 	age 65 or over shall be valid for the lifetime of the applicant.
8.30 	(c) The expiration date for an Under-21 identification card is the cardholder's 21st 
8.31 	birthday. The commissioner shall issue an identification card to a holder of an Under-21 
8.32 	identification card who applies for the card, pays the required fee, and presents proof of 
8.33 	identity and age, unless the commissioner determines that the applicant is not qualified 
8.34 	for the identification card.

9.1 	Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
9.2 		Subd. 9.Improved security. The commissioner shall develop new Drivers' 
9.3 	licenses and, identification cards, to be issued beginning January 1, 1994, thatand voter 
9.4 	identification cards must be as impervious to alteration as is reasonably practicable in their 
9.5 	design and quality of material and technology. The driver's license security laminate 
9.6 	shall be made from materials not readily available to the general public. The design and 
9.7 	technology employed must enable the driver's license and identification card to be subject 
9.8 	to two or more methods of visual verification capable of clearly indicating the presence 
9.9 	of tampering or counterfeiting. The driver's license and identification card must not be 
9.10 	susceptible to reproduction by photocopying or simulation and must be highly resistant 
9.11 	to data or photograph substitution and other tampering.

9.12 	Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:
9.13 		Subd. 14.Use of Social Security number. An applicant's Social Security number 
9.14 	must not be displayed, encrypted, or encoded on the driver's license or, Minnesota 
9.15 	identification card, voter identification card, or included in a magnetic strip or bar code 
9.16 	used to store data on the license or, Minnesota identification card, or voter identification 
9.17 	card. The Social Security number must not be used as a Minnesota driver's license or,
9.18 	identification, or voter identification  number.

9.19 	Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read:
9.20 	171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR 
9.21 	VOTER IDENTIFICATION CARD.
9.22 		Subdivision 1.Religious objection. Notwithstanding the provisions of section 
9.23 	171.07, the commissioner of public safety may adopt rules to permit identification on a 
9.24 	driver's license or, Minnesota identification card, or voter identification card  in lieu of 
9.25 	a photograph or electronically produced image where the commissioner finds that the 
9.26 	licensee has religious objections to the use of a photograph or electronically produced 
9.27 	image. 
9.28 		Subd. 2.Certain head wear permitted. If an accident involving a head injury, 
9.29 	serious illness, or treatment of the illness has resulted in hair loss by an applicant for a 
9.30 	driver's license or, identification card, or voter identification card, the commissioner shall 
9.31 	permit the applicant to wear a hat or similar head wear in the photograph or electronically 
9.32 	produced image. The hat or head wear must be of an appropriate size and type to allow 
9.33 	identification of the holder of the license or card and must not obscure the holder's face.
10.1 		Subd. 3.Exception. Subdivisions 1 and 2 do not apply to the commissioner's 
10.2 	requirements pertaining to a photograph or electronically produced image on an enhanced 
10.3 	driver's license or an enhanced identification card.

10.4 	Sec. 16. Minnesota Statutes 2010, section 171.11, is amended to read:
10.5 	171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD; 
10.6 	CHANGE OF DOMICILE OR NAME.
10.7 		Subdivision 1.Duplicate driver's license. When any person, after applying for or 
10.8 	receiving a driver's license, shall change permanent domicile from the address named in 
10.9 	such application or in the license issued to the person, or shall change a name by marriage 
10.10 	or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's 
10.11 	license upon a form furnished by the department and pay the required fee. The application 
10.12 	or duplicate license shall show both the licensee's old address and new address or the 
10.13 	former name and new name as the case may be.
10.14 		Subd. 2.Duplicate voter identification card. A voter identification cardholder who 
10.15 	changes residence address or name from the address or name stated on the card shall not 
10.16 	present the card for voting purposes, but must apply for a duplicate voter identification card 
10.17 	upon a form furnished by the department. The application for duplicate voter identification 
10.18 	card must show the cardholder's former address and current address, along with length of 
10.19 	residence at the current address, and the former name and current name, as applicable.

10.20 	Sec. 17. Minnesota Statutes 2010, section 171.14, is amended to read:
10.21 	171.14 CANCELLATION.
10.22 	(a) The commissioner may cancel any driver's license or voter identification card 
10.23 	upon determination that (1) the licensee or cardholder was not entitled to the issuance of 
10.24 	the license or card, (2) the licensee or cardholder failed to give the required or correct 
10.25 	information in the application, (3) the licensee or cardholder committed any fraud or 
10.26 	deceit in making the application, or (4) the person, at the time of the cancellation, would 
10.27 	not have been entitled to receive a license under section 171.04, or a cardholder under 
10.28 	section 171.07.
10.29 	(b) The commissioner shall cancel the driver's license of a person described in 
10.30 	paragraph (a), clause (3), for 60 days or until the required or correct information has 
10.31 	been provided, whichever is longer.
10.32 	(c) The commissioner shall cancel the voter identification card of a person described 
10.33 	in paragraph (a) until the person completes the application process under section 171.06, 
10.34 	and complies in all respects with the requirements of the commissioner.
11.1 	(d) The commissioner shall immediately notify the holder of a voter identification 
11.2 	card of a cancellation of the card. Notification must be by mail, addressed to the 
11.3 	cardholder's last known address, with postage prepaid.

11.4 	Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
11.5 	(a) The following are sufficient proof of identity and residence for purposes of 
11.6 	election day voter registration under section 201.061, subdivision 3, and for determining 
11.7 	whether to count a provisional ballot under section 204C.135, subdivision 2:
11.8 	(1) a current driver's license, state identification card, or voter identification card 
11.9 	issued to the voter by the Department of Public Safety that contains the voter's current 
11.10 	address of residence in the  precinct;
11.11 	(2) an identification card issued to the voter by the tribal government of a tribe 
11.12 	recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the 
11.13 	voter's current address of residence in the precinct, and any other items of data required to 
11.14 	be contained on a Minnesota identification card, as provided in section 171.07, subdivision 
11.15 	3, paragraphs (a) and (b);
11.16 	(3) an original receipt for a new, renewed, or updated driver's license, state 
11.17 	identification card, or voter identification card issued to the voter under section 171.07 
11.18 	that contains the voter's current address of residence in the precinct along with one of the 
11.19 	following documents, provided that it contains a photograph of the voter:
11.20 	(i) a driver's license, identification card, or a voter identification card that is expired 
11.21 	or does not contain the voter's current address of residence, issued to the voter by the state 
11.22 	of Minnesota or any other state or territory of the United States; 
11.23 	(ii) a United States passport, issued to the voter; 
11.24 	(iii) an identification card issued by a branch, department, agency, entity, or 
11.25 	subdivision of Minnesota or the federal government; 
11.26 	(iv) an identification card issued by an accredited postsecondary institution with 
11.27 	a campus located within Minnesota, if a list of students from that institution has been 
11.28 	prepared under section 135A.17 and certified to the county auditor in the manner provided 
11.29 	in rules of the secretary of state; or 
11.30 	(v) an identification card issued to the voter by the tribal government of a tribe 
11.31 	recognized by the Bureau of Indian Affairs; 
11.32 	(4) if the voter is a student, a driver's license or identification card issued by 
11.33 	Minnesota or any other state or territory of the United States that does not contain 
11.34 	the voter's current address of residence, along with a current student fee statement that 
11.35 	contains the student's valid address of residence in the precinct; or
12.1 	(5) if the voter resides in a residential facility located in the precinct, having an 
12.2 	individual who is an administrator or designee employed by and working in the facility 
12.3 	sign an oath in the presence of the election judge vouching that the administrator or 
12.4 	designee personally knows the individual's identity and that the individual is a resident of 
12.5 	the precinct. The oath must be made on a form prescribed by the secretary of state that 
12.6 	contains a space for the administrator's or designee's printed name, signature, telephone 
12.7 	number, and employment address.
12.8 	(b) A "residential facility" means transitional housing as defined in section 256E.33, 
12.9 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
12.10 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
12.11 	5; a residence registered with the commissioner of health as a housing with services 
12.12 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated 
12.13 	by the commissioner of veterans affairs under chapter 198; a residence licensed by the 
12.14 	commissioner of human services to provide a residential program as defined in section 
12.15 	245A.02, subdivision 14; a residential facility for persons with a developmental disability 
12.16 	licensed by the commissioner of human services under section 252.28; group residential 
12.17 	housing as defined in section 256I.03, subdivision 3; a shelter for battered women 
12.18 	as defined in section 611A.37, subdivision 4; or a supervised publicly or privately 
12.19 	operated shelter or dwelling designed to provide temporary living accommodations for 
12.20 	the homeless.

12.21 	Sec. 19. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
12.22 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
12.23 	register on election day by appearing in person at the polling place for the precinct in 
12.24 	which the individual maintains residence, by completing a registration application, making 
12.25 	an oath in the form prescribed by the secretary of state and providing proof of identity and
12.26 	residence. An individual may prove identity and residence for purposes of registering by:
12.27 	presenting documentation as permitted by section 200.035.
12.28 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
12.29 	to section 171.07;
12.30 	(2) presenting any document approved by the secretary of state as proper 
12.31 	identification;
12.32 	(3) presenting one of the following:
12.33 	(i) a current valid student identification card from a postsecondary educational 
12.34 	institution in Minnesota, if a list of students from that institution has been prepared under 
13.1 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
13.2 	the secretary of state; or
13.3 	(ii) a current student fee statement that contains the student's valid address in the 
13.4 	precinct together with a picture identification card; or
13.5 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
13.6 	employed by and working in a residential facility in the precinct and vouching for a 
13.7 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
13.8 	voter or employee personally knows that the individual is a resident of the precinct. A 
13.9 	voter who has been vouched for on election day may not sign a proof of residence oath 
13.10 	vouching for any other individual on that election day. A voter who is registered to vote in 
13.11 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
13.12 	does not apply to an employee of a residential facility described in this clause. The 
13.13 	secretary of state shall provide a form for election judges to use in recording the number 
13.14 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
13.15 	form must include space for the maximum number of individuals for whom a voter may 
13.16 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
13.17 	a statement that the voter is registered to vote in the precinct, personally knows that the 
13.18 	individual is a resident of the precinct, and is making the statement on oath. The form must 
13.19 	include a space for the voter's printed name, signature, telephone number, and address.
13.20 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
13.21 	attached to the voter registration application.
13.22 	(b) The operator of a residential facility shall prepare a list of the names of its 
13.23 	employees currently working in the residential facility and the address of the residential 
13.24 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
13.25 	no less than 20 days before each election for use in election day registration.
13.26 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
13.27 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
13.28 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
13.29 	5; a residence registered with the commissioner of health as a housing with services 
13.30 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
13.31 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
13.32 	licensed by the commissioner of human services to provide a residential program as 
13.33 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
13.34 	developmental disability licensed by the commissioner of human services under section 
13.35 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
13.36 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
14.1 	publicly or privately operated shelter or dwelling designed to provide temporary living 
14.2 	accommodations for the homeless.
14.3 	(d) For tribal band members, an individual may prove residence for purposes of 
14.4 	registering by:
14.5 	(1) presenting an identification card issued by the tribal government of a tribe 
14.6 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
14.7 	contains the name, address, signature, and picture of the individual; or
14.8 	(2) presenting an identification card issued by the tribal government of a tribe 
14.9 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
14.10 	contains the name, signature, and picture of the individual and also presenting one of the 
14.11 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
14.12 	(e) (b) A county, school district, or municipality may must require that an election 
14.13 	judge responsible for election day registration initial sign each completed registration 
14.14 	application.

14.15 	Sec. 20. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
14.16 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
14.17 	prescribe the form of polling place rosters that include the voter's name, address, date of 
14.18 	birth, school district number, and space for the voter's signature. The address listed on 
14.19 	the polling place roster must be the voter's address of residence, unless the voter has 
14.20 	requested that the address printed on the roster be the voter's mailing address because 
14.21 	the voter is a judge, or a law enforcement or corrections officer. The secretary of state 
14.22 	may prescribe additional election-related information to be placed on the polling place 
14.23 	rosters on an experimental basis for one state primary and general election cycle; the same 
14.24 	information may not be placed on the polling place roster for a second state primary and 
14.25 	general election cycle unless specified in this subdivision. The polling place roster must 
14.26 	be used to indicate whether the voter has voted in a given election. The secretary of state 
14.27 	shall prescribe procedures for transporting the polling place rosters to the election judges 
14.28 	for use on election day. The secretary of state shall prescribe the form for a county or 
14.29 	municipality to request the date of birth from currently registered voters. The county or 
14.30 	municipality shall not request the date of birth from currently registered voters by any 
14.31 	communication other than the prescribed form and the form must clearly indicate that a 
14.32 	currently registered voter does not lose registration status by failing to provide the date of 
14.33 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
14.34 	polling place rosters used on the date of election for 22 months following the election. 

15.1 	Sec. 21. Minnesota Statutes 2010, section 204C.10, is amended to read:
15.2 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
15.3 	REGISTRATION.
15.4 		Subdivision 1.Polling place roster. (a) In precincts using paper rosters, an 
15.5 	individual seeking to vote shall sign a polling place roster which states that the individual 
15.6 	is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 
15.7 	days immediately preceding the election, maintains residence at the address shown, is not 
15.8 	under a guardianship in which the court order revokes the individual's right to vote, has 
15.9 	not been found by a court of law to be legally incompetent to vote or has the right to vote 
15.10 	because, if the individual was convicted of a felony, the felony sentence has expired or 
15.11 	been completed or the individual has been discharged from the sentence, is registered 
15.12 	and has not already voted in the election. The roster must also state: "I understand that 
15.13 	deliberately providing false information is a felony punishable by not more than five years 
15.14 	imprisonment and a fine of not more than $10,000, or both." In precincts using electronic 
15.15 	rosters, an individual seeking to vote shall sign a printed voter's receipt generated from an 
15.16 	electronic roster that meets the standards provided in section 201.225, subdivision 2.
15.17 	(b) A judge may, Before the applicant signs the roster or a printed voter's receipt 
15.18 	generated from an electronic roster, a judge must: (1) require the voter to present a photo 
15.19 	identification document, as described in subdivision 2; and (2) confirm the applicant's 
15.20 	name, address, and date of birth. A voter who cannot produce sufficient identification as 
15.21 	required by subdivision 2 may not sign the polling place roster, but may cast a provisional 
15.22 	ballot, as provided in section 204C.135.
15.23 	(c) In precincts using paper rosters, after the applicant signs the roster, the judge 
15.24 	shall give the applicant a voter's receipt. In all precincts, the voter shall deliver the voter's 
15.25 	receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon 
15.26 	the judge shall hand to the voter the ballot. The voters' receipts must be maintained during 
15.27 	the time for notice of filing an election contest for 36 months following the date of the 
15.28 	election.
15.29 		Subd. 2.Photo identification. (a) To satisfy the photo identification requirement in 
15.30 	subdivision 1, paragraph (b), a voter must present a valid form of one of the following 
15.31 	documents or sets of documents, issued to the voter:
15.32 	(1) a Minnesota driver's license, state identification card, or voter identification card 
15.33 	issued under section 171.07 that contains the voter's current address of residence in the 
15.34 	precinct;
16.1 	(2)(i) an original receipt for a new, renewed, or updated driver's license, state 
16.2 	identification card, or voter identification card issued to the voter under section 171.07 that 
16.3 	contains the voter's current address of residence in the precinct; and
16.4 	(ii) a driver's license, identification card, or a voter identification card that is expired 
16.5 	or does not contain the voter's current address of residence in the precinct, issued to the 
16.6 	voter by the state of Minnesota or any other state or territory of the United States;
16.7 	(3) an identification card issued by the tribal government of a tribe recognized 
16.8 	by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's 
16.9 	current address of residence in the precinct, and any other items of data required to be 
16.10 	contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, 
16.11 	paragraphs (a) and (b); or
16.12 	(4)(i) if the voter resides in a residential facility, a driver's license or identification 
16.13 	card issued to the voter by the Department of Public Safety that contains the voter's 
16.14 	photograph and address of residence prior to seeking the services of the residential facility, 
16.15 	along with a certification of residence in the facility, signed by the facility's administrator 
16.16 	on a form prescribed by the secretary of state; and
16.17 	(ii) a "residential facility" means transitional housing as defined in section 256E.33, 
16.18 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
16.19 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
16.20 	5; a residence registered with the commissioner of health as a housing with services 
16.21 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated 
16.22 	by the commissioner of veterans affairs under chapter 198; a residence licensed by the 
16.23 	commissioner of human services to provide a residential program as defined in section 
16.24 	245A.02, subdivision 14; a residential facility for persons with a developmental disability 
16.25 	licensed by the commissioner of human services under section 252.28; group residential 
16.26 	housing as defined in section 256I.03, subdivision 3; a shelter for battered women 
16.27 	as defined in section 611A.37, subdivision 4; or a supervised publicly or privately 
16.28 	operated shelter or dwelling designed to provide temporary living accommodations for 
16.29 	the homeless.
16.30 	(b) An identification card presented under this section is not deficient for a lack of 
16.31 	the voter's current address of residence in the precinct if the identification card contains the 
16.32 	mailing address of the voter and that matches the address listed on the polling place roster.

16.33 	Sec. 22. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
16.34 		Subd. 3.Determination of residence. In determining the legal residence of a 
16.35 	challenged individual, the election judges shall be governed by the principles contained in 
17.1 	section 200.031. If the challenged individual's answers to the questions show ineligibility 
17.2 	to vote in that precinct, the individual shall not be allowed to vote. If the individual has 
17.3 	marked ballots but not yet deposited them in the ballot boxes before the election judges 
17.4 	determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
17.5 	with the spoiled ballots. If the answers to the questions fail to show that the individual is 
17.6 	not eligible to vote in that precinct and the challenge is not withdrawn, the election judges 
17.7 	shall verbally administer the oath on the voter certificate to the individual. After taking the 
17.8 	oath and completing and signing the voter certificate, the challenged individual shall be 
17.9 	allowed to vote permit the voter to cast a provisional ballot, in the manner provided in 
17.10 	section 204C.135. 

17.11 	Sec. 23. [204C.135] PROVISIONAL BALLOTS.
17.12 		Subdivision 1.Casting of provisional ballots. (a) The following voters seeking to 
17.13 	vote are entitled to cast a provisional ballot in the manner provided by this section:
17.14 	(1) a voter who is unable to provide proper photo identification as required by 
17.15 	section 204C.10;
17.16 	(2) a voter whose registration status is listed as "challenged" on the polling place 
17.17 	roster; and
17.18 	(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
17.19 	(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster 
17.20 	and complete a provisional ballot envelope. The envelope must contain a space for the 
17.21 	voter to list the voter's name, address of residence, date of birth, voter identification 
17.22 	number, and any other information prescribed by the secretary of state. The voter must 
17.23 	also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 
17.24 	in the same election, and meets the criteria for registering to vote in the precinct in which 
17.25 	the voter appears.
17.26 	Once the voter has completed the provisional ballot envelope, the voter must be 
17.27 	allowed to cast a provisional ballot. The provisional ballot must be in the same form 
17.28 	as the official ballot available in the precinct on election day. A completed provisional 
17.29 	ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside 
17.30 	the voter's provisional ballot envelope and deposited by the voter in a secure, sealed 
17.31 	provisional ballot box. Completed provisional ballots may not be combined with other 
17.32 	voted ballots in the polling place.
17.33 	(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by 
17.34 	the secretary of state. The provisional ballot envelope must be a color other than that 
18.1 	provided for absentee ballot envelopes and must be prominently labeled "Provisional 
18.2 	Ballot Envelope."
18.3 	(d) Provisional ballots and related documentation shall be delivered to and securely 
18.4 	maintained by the county auditor or municipal clerk in the same manner as required for 
18.5 	other election materials under sections 204C.27 to 204C.28.
18.6 		Subd. 2.Counting provisional ballots. (a) A voter who casts a provisional ballot in 
18.7 	the polling place may personally appear before the county auditor or municipal clerk no 
18.8 	later than seven calendar days following the election to prove that the voter's provisional 
18.9 	ballot should be counted. The county auditor or municipal clerk must count a provisional 
18.10 	ballot in the final certified results from the precinct if:
18.11 	(1) the statewide voter registration system indicates that the voter is eligible to vote 
18.12 	or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
18.13 	(2) the voter presents proof of identity and residence in the precinct in the manner 
18.14 	permitted by section 200.035.
18.15 	(b) If a voter does not appear before the county auditor or municipal clerk within 
18.16 	seven calendar days following the election or otherwise does not satisfy the requirements 
18.17 	of paragraph (a), or if the data listed on the items of identification presented by the voter 
18.18 	does not match the data submitted by the voter on the provisional ballot envelope, the 
18.19 	voter's provisional ballot must not be counted.
18.20 	(c) The county auditor or municipal clerk must notify, in writing, any provisional 
18.21 	voter who does not appear within seven calendar days of the election that the voter's 
18.22 	provisional ballot was not counted because of the voter's failure to appear before the 
18.23 	county auditor or municipal clerk within the time permitted by law to determine whether 
18.24 	the provisional ballot should be counted.
18.25 		Subd. 3.Provisional ballots; reconciliation. Prior to counting any provisional 
18.26 	ballots in the final vote totals from a precinct, the county auditor must verify that the 
18.27 	number of signatures appearing on the provisional ballot roster from that precinct is equal 
18.28 	to or greater than the number of accepted provisional ballots submitted by voters in 
18.29 	the precinct on election day. Any discrepancy must be resolved before the provisional 
18.30 	ballots from the precinct may be counted. Excess provisional ballots must be randomly 
18.31 	withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a 
18.32 	voter to appear to prove residence and identity has expired and the ballots to be counted 
18.33 	have been separated from the provisional ballot envelopes.

18.34 	Sec. 24. Minnesota Statutes 2010, section 204C.14, is amended to read:
18.35 	204C.14 UNLAWFUL VOTING; PENALTY.
19.1 	No individual shall intentionally:
19.2 	(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot 
19.3 	in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be 
19.4 	counted, or attempting to vote by means of a voting machine or electronic voting system;
19.5 	(b) vote more than once at the same election;
19.6 	(c) put a ballot in a ballot box for any illegal purpose;
19.7 	(d) give more than one ballot of the same kind and color to an election judge to 
19.8 	be placed in a ballot box;
19.9 	(e) aid, abet, counsel or procure another to go into any precinct for the purpose 
19.10 	of voting in that precinct, knowing that the other individual is not eligible to vote in 
19.11 	that precinct; or
19.12 	(f) aid, abet, counsel or procure another to do any act in violation of this section.
19.13 	A violation of this section is a felony.

19.14 	Sec. 25. Minnesota Statutes 2010, section 204C.32, is amended to read:
19.15 	204C.32 CANVASS OF STATE PRIMARIES.
19.16 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
19.17 	county auditor's office on the third eighth day following the state primary. After taking the 
19.18 	oath of office, the canvassing board shall publicly canvass the election returns delivered 
19.19 	to the county auditor. The board shall complete the canvass on the third eighth day 
19.20 	following the state primary and shall promptly prepare and file with the county auditor 
19.21 	a report that states:
19.22 	(a) the number of individuals voting at the election in the county, and in each 
19.23 	precinct;
19.24 	(b) the number of individuals registering to vote on election day and the number of 
19.25 	individuals registered before election day in each precinct;
19.26 	(c) for each major political party, the names of the candidates running for each 
19.27 	partisan office and the number of votes received by each candidate in the county and in 
19.28 	each precinct;
19.29 	(d) the names of the candidates of each major political party who are nominated; and
19.30 	(e) the number of votes received by each of the candidates for nonpartisan office in 
19.31 	each precinct in the county and the names of the candidates nominated for nonpartisan 
19.32 	office.
19.33 	Upon completion of the canvass, the county auditor shall mail or deliver a notice of 
19.34 	nomination to each nominee for county office voted for only in that county. The county 
19.35 	auditor shall transmit one of the certified copies of the county canvassing board report 
20.1 	for state and federal offices to the secretary of state by express mail or similar service 
20.2 	immediately upon conclusion of the county canvass. The secretary of state shall mail a 
20.3 	notice of nomination to each nominee for state or federal office.
20.4 		Subd. 2.State canvass. The State Canvassing Board shall meet at the Secretary of 
20.5 	State's Office seven 14 days after the state primary to canvass the certified copies of the 
20.6 	county canvassing board reports received from the county auditors. Immediately after 
20.7 	the canvassing board declares the results, the secretary of state shall certify the names of 
20.8 	the nominees to the county auditors. The secretary of state shall mail to each nominee 
20.9 	a notice of nomination.

20.10 	Sec. 26. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
20.11 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
20.12 	county auditor's office between the third eighth and tenth 14th days following the state 
20.13 	general election. After taking the oath of office, the board shall promptly and publicly 
20.14 	canvass the general election returns delivered to the county auditor. Upon completion of 
20.15 	the canvass, the board shall promptly prepare and file with the county auditor a report 
20.16 	which states:
20.17 	(a) the number of individuals voting at the election in the county and in each precinct;
20.18 	(b) the number of individuals registering to vote on election day and the number of 
20.19 	individuals registered before election day in each precinct;
20.20 	(c) the names of the candidates for each office and the number of votes received by 
20.21 	each candidate in the county and in each precinct;
20.22 	(d) the number of votes counted for and against a proposed change of county lines 
20.23 	or county seat; and
20.24 	(e) the number of votes counted for and against a constitutional amendment or other 
20.25 	question in the county and in each precinct.
20.26 	The result of write-in votes cast on the general election ballots must be compiled by 
20.27 	the county auditor before the county canvass, except that write-in votes for a candidate for 
20.28 	federal, state, or county office must not be counted unless the candidate has timely filed a 
20.29 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
20.30 	municipality to provide an adequate number of election judges to perform this duty or the 
20.31 	county auditor may appoint additional election judges for this purpose. The county auditor 
20.32 	may open the envelopes or containers in which the voted ballots have been sealed in order 
20.33 	to count and record the write-in votes and must reseal the voted ballots at the conclusion 
20.34 	of this process. The county auditor must prepare a separate report of votes received by 
21.1 	precinct for write-in candidates for federal, state, and county offices who have requested 
21.2 	under section 204B.09 that votes for those candidates be tallied.
21.3 	Upon completion of the canvass, the county canvassing board shall declare the 
21.4 	candidate duly elected who received the highest number of votes for each county and state 
21.5 	office voted for only within the county. The county auditor shall transmit a certified 
21.6 	copy of the county canvassing board report for state and federal offices to the secretary 
21.7 	of state by messenger, express mail, or similar service immediately upon conclusion of 
21.8 	the county canvass.

21.9 	Sec. 27. Minnesota Statutes 2010, section 204C.37, is amended to read:
21.10 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
21.11 	STATE.
21.12 	A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, 
21.13 	subdivision 1, shall be certified under the official seal of the county auditor. The copy shall 
21.14 	be enclosed in an envelope addressed to the secretary of state, with the county auditor's 
21.15 	name and official address and the words "Election Returns" endorsed on the envelope. 
21.16 	The copy of the canvassing board report and the precinct summary statements must be 
21.17 	sent by express mail or delivered to the secretary of state. If the copy is not received by 
21.18 	the secretary of state within ten days following the applicable election a primary election, 
21.19 	or within 16 days following a general election, the secretary of state shall immediately 
21.20 	notify the county auditor, who shall deliver another copy to the secretary of state by 
21.21 	special messenger.

21.22 	Sec. 28. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
21.23 		Subd. 5.Results. The municipal primary shall be conducted and the returns made in 
21.24 	the manner provided for the state primary so far as practicable. On the third eighth day 
21.25 	after the primary, the governing body of the municipality shall canvass the returns, and the 
21.26 	two candidates for each office who receive the highest number of votes, or a number of 
21.27 	candidates equal to twice the number of individuals to be elected to the office, who receive 
21.28 	the highest number of votes, shall be the nominees for the office named. Their names shall 
21.29 	be certified to the municipal clerk who shall place them on the municipal general election 
21.30 	ballot without partisan designation and without payment of an additional fee.

21.31 	Sec. 29. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
21.32 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
21.33 	Between the third eighth and tenth 14th days after an election, the governing body of a 
22.1 	city conducting any election including a special municipal election, or the governing body 
22.2 	of a town conducting the general election in November shall act as the canvassing board, 
22.3 	canvass the returns, and declare the results of the election. The governing body of a town 
22.4 	conducting the general election in March shall act as the canvassing board, canvass the 
22.5 	returns, and declare the results of the election within two ten days after an election.
22.6 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
22.7 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
22.8 	not be issued until the outcome of the contest has been determined by the proper court.
22.9 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
22.10 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
22.11 	certify the results of the election to the county auditor, and the clerk shall be the final 
22.12 	custodian of the ballots and the returns of the election.

22.13 	Sec. 30. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
22.14 		Subd. 4.Results. The school district primary must be conducted and the returns 
22.15 	made in the manner provided for the state primary as far as practicable. On the third eighth
22.16 	day after the primary, the school board of the school district shall canvass the returns, 
22.17 	and the two candidates for each specified school board position who receive the highest 
22.18 	number of votes, or a number of candidates equal to twice the number of individuals to be 
22.19 	elected to at-large school board positions who receive the highest number of votes, are 
22.20 	the nominees for the office named. Their names must be certified to the school district 
22.21 	clerk who shall place them on the school district general election ballot without partisan 
22.22 	designation and without payment of an additional fee.

22.23 	Sec. 31. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
22.24 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Between 
22.25 	the third eighth and tenth 14th days after a school district election other than a recount of a 
22.26 	special election conducted under section 126C.17, subdivision 9, or 475.59, the school 
22.27 	board shall canvass the returns and declare the results of the election. After the time for 
22.28 	contesting elections has passed, the school district clerk shall issue a certificate of election 
22.29 	to each successful candidate. If there is a contest, the certificate of election to that office 
22.30 	must not be issued until the outcome of the contest has been determined by the proper 
22.31 	court. If there is a tie vote, the school board shall determine the result by lot. The clerk 
22.32 	shall deliver the certificate of election to the successful candidate by personal service or 
22.33 	certified mail. The successful candidate shall file an acceptance and oath of office in 
22.34 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
23.1 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
23.2 	but that filing may be made at any time before action to fill the vacancy has been taken. 
23.3 	The school district clerk shall certify the results of the election to the county auditor, and 
23.4 	the clerk shall be the final custodian of the ballots and the returns of the election.
23.5 	A school district canvassing board shall perform the duties of the school board 
23.6 	according to the requirements of this subdivision for a recount of a special election 
23.7 	conducted under section 126C.17, subdivision 9, or 475.59.

23.8 	Sec. 32. [299A.707] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD 
23.9 	ACCOUNT.
23.10 	A state-subsidized  voter identification card account is established in the special 
23.11 	revenue fund. Money in the account is appropriated to the commissioner of public 
23.12 	safety for purposes of providing state-subsidized voter identification cards to individuals 
23.13 	qualifying under section 171.07, subdivision 3b. The commissioner of public safety must 
23.14 	report to the legislature at least monthly by county on expenditure of funds from this 
23.15 	account. A report of the total expenditures by county must be submitted to the members of 
23.16 	the legislative committees with jurisdiction over elections by January 31 of each year.

23.17 	Sec. 33. TRANSFER.
 23.18 	$75,000 in fiscal year 2012 and $1,106,000 in fiscal year 2013 are transferred from 
23.19 	the vehicle services operating account in the special revenue fund to the state-subsidized 
23.20 	voter identification card account in the special revenue fund.

23.21 	Sec. 34. EFFECTIVE DATE.
 23.22 	This article is effective June 1, 2012, and applies to elections held on or after that 
23.23 	date if, by that date, a law is finally enacted that increases filing fees on vehicle registration 
23.24 	renewals and other vehicle transactions.

23.25 	ARTICLE 2
23.26 	ELECTION ADMINISTRATION AND INTEGRITY

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

24.5 	Sec. 2. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
24.6 	Any administrative rule authorized by Minnesota election laws and adopted by the 
24.7 	secretary of state shall not take effect until the rule has been enacted into law by the 
24.8 	legislature and approved by the governor.

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

24.11 	Sec. 3. Minnesota Statutes 2010, section 201.021, is amended to read:
24.12 	201.021 PERMANENT REGISTRATION SYSTEM.
24.13 	A permanent system of voter registration by county is established, with a single, 
24.14 	official, centralized, interactive computerized statewide voter registration list defined, 
24.15 	maintained, and administered at the state level that contains the name and registration 
24.16 	information of every legally registered voter in the state, and assigns a unique identifier 
24.17 	to each legally registered voter in the state. The unique identifier shall be permanently 
24.18 	assigned to the voter and may not be changed or reassigned to another voter. The 
24.19 	interactive computerized statewide voter registration list constitutes the official list of every 
24.20 	legally registered voter in the state. The county auditor shall be chief registrar of voters 
24.21 	and the chief custodian of the official registration records in each county. The secretary of 
24.22 	state is responsible for defining, maintaining, and administering the centralized system.

24.23 	Sec. 4. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
24.24 		Subdivision 1.Establishment. The secretary of state shall maintain a statewide 
24.25 	voter registration system to facilitate voter registration and to provide a central database 
24.26 	containing voter registration information from around the state. The system must be 
24.27 	accessible to the county auditor of each county in the state. The system must also:
24.28 	(1) provide for voters to submit their voter registration applications to any county 
24.29 	auditor, the secretary of state, or the Department of Public Safety;
24.30 	(2) provide for the definition, establishment, and maintenance of a central database 
24.31 	for all voter registration information;
24.32 	(3) provide for entering data into the statewide registration system;
25.1 	(4) provide for electronic transfer of completed voter registration applications from 
25.2 	the Department of Public Safety to the secretary of state or the county auditor;
25.3 	(5) assign a unique, permanent identifier to each legally registered voter in the state;
25.4 	(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 
25.5 	state identification number, voter identification card number, and last four digits of the 
25.6 	Social Security number for each voter record;
25.7 	(7) coordinate with other agency databases within the state;
25.8 	(8) allow county auditors and the secretary of state to add or modify information in 
25.9 	the system to provide for accurate and up-to-date records;
25.10 	(9) allow county auditors, municipal and school district clerks, and the secretary 
25.11 	of state to have electronic access to the statewide registration system for review and 
25.12 	search capabilities;
25.13 	(10) provide security and protection of all information in the statewide registration 
25.14 	system and ensure that unauthorized access is not allowed;
25.15 	(11) provide access to municipal clerks to use the system;
25.16 	(12) provide a system for each county to identify the precinct to which a voter 
25.17 	should be assigned for voting purposes;
25.18 	(13) provide daily reports accessible by county auditors on the driver's license 
25.19 	numbers, state identification numbers, voter identification card numbers, or last four digits 
25.20 	of the Social Security numbers submitted on voter registration applications that have been 
25.21 	verified as accurate by the secretary of state; and
25.22 	(14) provide reports on the number of absentee ballots transmitted to and returned 
25.23 	and cast by voters under section 203B.16; and
25.24 	(15) provide reports on individuals who are not registered and believed to be 
25.25 	ineligible to vote, to the extent permitted by federal law. 
25.26 	The appropriate state or local official shall provide security measures to prevent 
25.27 	unauthorized access to the computerized list established under section 201.021. 

25.28 	Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
25.29 		Subd. 4.Registration by election judges; procedures. Registration at the polling 
25.30 	place on election day shall be conducted by the election judges. Before registering an 
25.31 	individual to vote at the polling place, the election judge must review any list of absentee 
25.32 	election day registrants provided by the county auditor or municipal clerk to see if the 
25.33 	person has already voted by absentee ballot. If the person's name appears on the list, the 
25.34 	election judge must not allow the individual to register or to vote in the polling place. 
25.35 	The election judges shall also review the list of individuals believed to be ineligible to 
26.1 	vote using the electronic roster, or a paper list provided by the county auditor or municipal 
26.2 	clerk. If an individual is on the challenged eligibility list maintained by the secretary 
26.3 	of state, the elections official shall comply with section 201.197. The election judge 
26.4 	who registers an individual at the polling place on election day shall not handle that 
26.5 	voter's ballots at any time prior to the opening of the ballot box after the voting ends. 
26.6 	Registration applications and forms for oaths shall be available at each polling place. 
26.7 	If an individual who registers on election day proves residence by oath of a registered 
26.8 	voter, the form containing the oath shall be attached to the individual's registration 
26.9 	application. Registration applications completed on election day shall be forwarded to the 
26.10 	county auditor who shall add the name of each voter to the registration system unless the 
26.11 	information forwarded is substantially deficient. A county auditor who finds an election 
26.12 	day registration substantially deficient shall give written notice to the individual whose 
26.13 	registration is found deficient. An election day registration shall not be found deficient 
26.14 	solely because the individual who provided proof of residence was ineligible to do so.

26.15 	Sec. 6. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
26.16 		Subd. 7.Record of attempted registrations. The election judge responsible for 
26.17 	election day registration shall attempt to keep a record of the number of individuals who 
26.18 	attempt to register on election day but who cannot provide proof of residence as required 
26.19 	by this section. The record shall be forwarded to the county auditor with the election 
26.20 	returns for that precinct.

26.21 	Sec. 7. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
26.22 		Subd. 3.Deficient registration. No voter registration application is deficient if it 
26.23 	contains the voter's name, address, date of birth, current and valid Minnesota driver's 
26.24 	license number or, Minnesota state identification number, or voter identification card 
26.25 	number, or if the voter has no current and valid Minnesota driver's license or number,
26.26 	Minnesota state identification number, or voter identification card number, the last four 
26.27 	digits of the voter's Social Security number, if the voter has been issued a Social Security 
26.28 	number, prior registration, if any, and signature. The absence of a zip code number does 
26.29 	not cause the registration to be deficient. Failure to check a box on an application form 
26.30 	that a voter has certified to be true does not cause the registration to be deficient. The 
26.31 	election judges shall request an individual to correct a voter registration application if it is 
26.32 	deficient or illegible. No eligible voter may be prevented from voting unless the voter's 
26.33 	registration application is deficient or the voter is duly and successfully challenged in 
26.34 	accordance with section 201.195 or 204C.12.
27.1 	A voter registration application accepted prior to August 1, 1983, is not deficient for 
27.2 	lack of date of birth. The county or municipality may shall attempt to obtain the date of 
27.3 	birth for a voter registration application accepted prior to August 1, 1983, by a request to 
27.4 	the voter at any time except at the polling place. Failure by the voter to comply with this 
27.5 	request does not make the registration deficient.
27.6 	A voter registration application accepted before January 1, 2004, is not deficient for 
27.7 	lack of a valid Minnesota driver's license or state identification number or the last four 
27.8 	digits of a Social Security number. A voter registration application submitted by a voter 
27.9 	who does not have a Minnesota driver's license or state identification number, or a Social 
27.10 	Security number, is not deficient for lack of any of these numbers.

27.11 	Sec. 8. Minnesota Statutes 2010, section 201.081, is amended to read:
27.12 	201.081 REGISTRATION FILES.
27.13 	The statewide registration system is the official record of registered voters. The voter 
27.14 	registration applications and the terminal providing access to the statewide registration 
27.15 	system must be under the control of the county auditor or the public official to whom the 
27.16 	county auditor has delegated the responsibility for maintaining voter registration records. 
27.17 	The voter registration applications and terminals providing access to the statewide 
27.18 	registration system must not be removed from the control of the county auditor except 
27.19 	as provided in this section. The county auditor may make photographic copies of voter 
27.20 	registration applications in the manner provided by section 138.17.
27.21 	A properly completed voter registration application that has been submitted to the 
27.22 	secretary of state or a county auditor must be maintained by the secretary of state or 
27.23 	the county auditor for at least 22 36 months after the date that the information on the 
27.24 	application is entered into the database of the statewide registration system. The secretary 
27.25 	of state or the county auditor may dispose of the applications after retention for 22 36
27.26 	months in the manner provided by section 138.17.

27.27 	Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
27.28 		Subdivision 1.Entry of registration information. (a) At the time a voter 
27.29 	registration application is properly completed, submitted, and received in accordance with 
27.30 	sections 201.061 and 201.071, the county auditor shall enter the information contained on 
27.31 	it into the statewide registration system. Voter registration applications completed before 
27.32 	election day must be entered into the statewide registration system within ten days after 
27.33 	they have been submitted to the county auditor. Voter registration applications completed 
27.34 	on election day must be entered into the statewide registration system within 42 days after 
28.1 	the election, unless the county auditor notifies the secretary of state before the 42-day 
28.2 	deadline has expired that the deadline will not be met. 
28.3 	(b) Upon receiving a completed voter registration application, the secretary of state 
28.4 	may electronically transmit the information on the application to the appropriate county 
28.5 	auditor as soon as possible for review by the county auditor before final entry into the 
28.6 	statewide registration system. The secretary of state may mail the voter registration 
28.7 	application to the county auditor.
28.8 	(c) Within ten days after the county auditor has entered information from a voter 
28.9 	registration application into the statewide registration system, the secretary of state shall 
28.10 	compare the voter's name, date of birth, and driver's license number, state identification 
28.11 	number, voter identification card number, or the last four digits of the Social Security 
28.12 	number with the same information contained in the Department of Public Safety database.
28.13 	(d) The secretary of state shall provide a report to the county auditor on a weekly 
28.14 	basis that includes a list of voters whose name, date of birth, or identification number have 
28.15 	been compared with the same information in the Department of Public Safety database 
28.16 	and cannot be verified as provided in this subdivision. The report must list separately 
28.17 	those voters who have submitted a voter registration application by mail and have not 
28.18 	voted in a federal election in this state.
28.19 	(e) The county auditor shall compile a list of voters for whom the county auditor 
28.20 	and the secretary of state are unable to conclude that information on the voter registration 
28.21 	application and the corresponding information in the Department of Public Safety database 
28.22 	relate to the same person.
28.23 	(f) The county auditor shall send a notice of incomplete registration to any voter 
28.24 	whose name appears on the list and change the voter's status to "incomplete." A voter who 
28.25 	receives a notice of incomplete registration from the county auditor may either provide 
28.26 	the information required to complete the registration at least 21 days before the next 
28.27 	election or at the polling place on election day.

28.28 	Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
28.29 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
28.30 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
28.31 	individuals registered on election day. The random sampling shall be determined in 
28.32 	accordance with the rules of the secretary of state. As soon as practicable after the 
28.33 	election, but no later than January 1 of the following year, the county auditor shall mail 
28.34 	the notice required by subdivision 2 to all other individuals registered on election day. 
28.35 	If a notice is returned as not deliverable, the county auditor shall attempt to determine 
29.1 	the reason for the return. A county auditor who does not receive or obtain satisfactory 
29.2 	proof of an individual's eligibility to vote shall immediately notify the county attorney of 
29.3 	all of the relevant information and the secretary of state of the numbers by precinct. By 
29.4 	March 1 of every odd-numbered year, the secretary of state shall report to the chair and 
29.5 	ranking minority members of the legislative committees with jurisdiction over elections 
29.6 	the number of notices reported under this subdivision to the secretary of state for the 
29.7 	previous state general election by county and precinct.

29.8 	Sec. 11. Minnesota Statutes 2010, section 201.171, is amended to read:
29.9 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
29.10 	REGISTRATION REMOVED.
29.11 	Within six weeks after every election, the county auditor shall post the voting 
29.12 	history for every person who voted in the election. After the close of the calendar year, the 
29.13 	secretary of state shall determine if any registrants have not voted during the preceding 
29.14 	four years. The secretary of state shall perform list maintenance by changing the status of 
29.15 	those registrants to "inactive" in the statewide registration system. The list maintenance 
29.16 	performed must be conducted in a manner that ensures that the name of each registered 
29.17 	voter appears in the official list of eligible voters in the statewide registration system. 
29.18 	A voter must not be removed from the official list of eligible voters unless the voter is 
29.19 	not eligible or is not registered to vote. List maintenance must include procedures for 
29.20 	eliminating duplicate names from the official list of eligible voters.
29.21 	The secretary of state shall also prepare a report to the county auditor containing the 
29.22 	names of all registrants whose status was changed to "inactive."
29.23 	Registrants whose status was changed to "inactive" must register in the manner 
29.24 	specified in section 201.054 before voting in any primary, special primary, general, school 
29.25 	district, or special election, as required by section 201.018.
29.26 	Although not counted in an election, a late or rejected absentee or mail ballot must 
29.27 	be considered a vote for the purpose of continuing registration under this section, but is 
29.28 	not considered voting history for the purpose of public information lists available under 
29.29 	section 201.091, subdivision 4.

29.30 	Sec. 12. [201.197] CHALLENGED ELIGIBILITY LIST.
29.31 	(a) The secretary of state shall maintain an electronic database of individuals not 
29.32 	registered and who are believed to be ineligible to vote under section 201.014, subdivision 
29.33 	2. The database may be maintained as a module of the statewide voter registration system, 
29.34 	if permitted by federal law, or maintained as a separate database, and at a minimum must 
30.1 	include an individual's name, address of residence, date of birth, the reason the individual 
30.2 	is believed to be ineligible to vote and, if available, the individual's driver's license or state 
30.3 	identification card number, voter identification card number, or the last four digits of the 
30.4 	individual's Social Security number. Entries in the database shall be compiled using data 
30.5 	submitted to the secretary of state under this chapter, and other sources as the secretary 
30.6 	may determine appropriate.
30.7 	(b) An elections official processing a voter registration application must verify 
30.8 	whether the individual listed on the application is included in the database of individuals 
30.9 	known to be ineligible to vote. If the individual is listed in the database, the voter 
30.10 	registration application may be accepted, but the voter's status must be listed as 
30.11 	"challenged." An election judge processing a voter registration application submitted by a 
30.12 	voter in a polling place on election day must verify the application using the electronic 
30.13 	roster, or if the polling place does not have an electronic roster, using a paper list provided 
30.14 	by the county auditor. A paper list used for verification in a polling place may be limited to 
30.15 	only those individuals known to be residents of the county in which the precinct is located.

30.16 	Sec. 13. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
30.17 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
30.18 	prescribe the form of polling place rosters that include the voter's name, address, date of 
30.19 	birth, school district number, and space for the voter's signature. The secretary of state 
30.20 	may prescribe additional election-related information to be placed on the polling place 
30.21 	rosters on an experimental basis for one state primary and general election cycle; the same 
30.22 	information may not be placed on the polling place roster for a second state primary and 
30.23 	general election cycle unless specified in this subdivision. The polling place roster must 
30.24 	be used to indicate whether the voter has voted in a given election. The secretary of state 
30.25 	shall prescribe procedures for transporting the polling place rosters to the election judges 
30.26 	for use on election day. The secretary of state shall prescribe the form for a county or 
30.27 	municipality to request the date of birth from currently registered voters. The county or 
30.28 	municipality shall not request the date of birth from currently registered voters by any 
30.29 	communication other than the prescribed form and the form must clearly indicate that a 
30.30 	currently registered voter does not lose registration status by failing to provide the date of 
30.31 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
30.32 	polling place rosters used on the date of election for 22 36 months following the election. 

30.33 	Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
31.1 		Subdivision 1.Application procedures. (a) Except as otherwise allowed by 
31.2 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 
31.3 	any election may be submitted at any time not less than one day before the day of that 
31.4 	election. The county auditor shall prepare absentee ballot application forms in the format 
31.5 	provided by the secretary of state and shall furnish them to any person on request. By 
31.6 	January 1 of each even-numbered year, the secretary of state shall make the forms to be 
31.7 	used available to auditors through electronic means. An application submitted pursuant to 
31.8 	this subdivision shall be in writing and shall be submitted to:
31.9 	(1) the county auditor of the county where the applicant maintains residence; or
31.10 	(2) the municipal clerk of the municipality, or school district if applicable, where 
31.11 	the applicant maintains residence.
31.12 	(b) An application shall be approved if it is timely received, signed and dated by the 
31.13 	applicant, and contains:
31.14 	(1) the applicant's name and residence and mailing addresses,;
31.15 	(2) the applicant's date of birth, and at least one of the following:;
31.16 	(3) the applicant's Minnesota driver's license number, Minnesota state identification 
31.17 	card number, or voter identification card number; and
31.18 	(4) the last four digits of the applicant's Social Security number or a statement that 
31.19 	the applicant does not have a Social Security number.
31.20 	(1) the applicant's Minnesota driver's license number;
31.21 	(2) Minnesota state identification card number;
31.22 	(3) the last four digits of the applicant's Social Security number; or
31.23 	(4) a statement that the applicant does not have any of these numbers.
31.24 	To be approved, the application must state that the applicant is eligible to vote by 
31.25 	absentee ballot for one of the reasons specified in section 203B.02, and must contain an 
31.26 	oath that the information contained on the form is accurate, that the applicant is applying 
31.27 	on the applicant's own behalf, and that the applicant is signing the form under penalty 
31.28 	of perjury.
31.29 	Prior to approval, the county auditor or municipal clerk must verify that the 
31.30 	Minnesota driver's license number, state identification card number, or voter identification 
31.31 	card number submitted by an applicant is valid and assigned to that applicant. An 
31.32 	application that contains a driver's license or identification card number that is invalid or 
31.33 	not assigned to the applicant must be rejected. The county auditor or municipal clerk must 
31.34 	also verify that the applicant does not appear on any lists of known ineligible voters 
31.35 	maintained by the county auditor or municipal clerk, or provided to the county auditor or 
31.36 	municipal clerk by the secretary of state. When verifying eligibility, the county auditor 
32.1 	or municipal clerk must use the same standards and process as used for individuals 
32.2 	appearing in the polling place on election day, except that an applicant is not required to 
32.3 	appear in person or present photo identification meeting the standards of section 204C.10, 
32.4 	subdivision 2.
32.5 	(c) An applicant's full date of birth, Minnesota driver's license or number, state 
32.6 	identification number, voter identification card number, and the last four digits of the 
32.7 	applicant's Social Security number must not be made available for public inspection. An 
32.8 	application may be submitted to the county auditor or municipal clerk by an electronic 
32.9 	facsimile device. An application mailed or returned in person to the county auditor or 
32.10 	municipal clerk on behalf of a voter by a person other than the voter must be deposited in 
32.11 	the mail or returned in person to the county auditor or municipal clerk within ten days after 
32.12 	it has been dated by the voter and no later than six days before the election. The absentee 
32.13 	ballot applications or a list of persons applying for an absentee ballot may not be made 
32.14 	available for public inspection until the close of voting on election day.
32.15 	An application under this subdivision may contain an application under subdivision 
32.16 	5 to automatically receive an absentee ballot application.

32.17 	Sec. 15. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
32.18 		Subd. 2.Health care patient. An eligible voter who on the day before an election 
32.19 	becomes a resident or patient in a health care facility or hospital located in the municipality 
32.20 	in which the eligible voter maintains residence may apply for absentee ballots on election 
32.21 	day if the voter:
32.22 	(a) requests an application form by telephone from the municipal clerk not later than 
32.23 	5:00 p.m. on the day before election day; or
32.24 	(b) submits an absentee ballot application to the election judges engaged in 
32.25 	delivering absentee ballots pursuant to section 203B.11.

32.26 	Sec. 16. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
32.27 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
32.28 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
32.29 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
32.30 	preserved by the county auditor or municipal clerk for 22 36 months.

32.31 	Sec. 17. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
32.32 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
32.33 	county, municipality, and school district with responsibility to accept and reject absentee 
33.1 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
33.2 	of a sufficient number of election judges trained in the handling of absentee ballots and 
33.3 	appointed as provided in sections 204B.19 to 204B.22. The board may include staff 
33.4 	trained as election judges.
33.5 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
33.6 	jurisdiction's ballot board for services rendered during an election.
33.7 	(c) A ballot board may only meet to perform its duties under this chapter during the 
33.8 	period in which completed absentee ballots are accepted for an election. The time and 
33.9 	place of each meeting must be scheduled, announced, and posted on the Web site of the 
33.10 	governing body of the county, municipality, or school district at least 14 days prior to 
33.11 	convening the first meeting of the ballot board for an election. If the governing body of 
33.12 	the county, municipality, or school district does not have a Web site, the time and place 
33.13 	of each meeting must be posted, in writing, on the principal bulletin board of the body. 
33.14 	Meetings of the ballot board must be convened at the same time and in the same location. 
33.15 	The ballot board must also meet on any day during which the county or municipal offices 
33.16 	are open for the purposes of conducting election business prior to an election. A ballot 
33.17 	board may not meet except during regularly scheduled meetings announced and posted as 
33.18 	required by this paragraph.
33.19 	(d) Except as otherwise provided by this section, all provisions of the Minnesota 
33.20 	Election Law apply to a ballot board.

33.21 	Sec. 18. Minnesota Statutes 2010, section 204B.40, is amended to read:
33.22 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
33.23 	DISPOSITION; INSPECTION OF BALLOTS.
33.24 	The county auditors, municipal clerks, and school district clerks shall retain all 
33.25 	election materials returned to them after any election for at least 22 36 months from 
33.26 	the date of that election. All election materials involved in a contested election must be 
33.27 	retained for 22 36 months or until the contest has been finally determined, whichever is 
33.28 	later. Abstracts filed by canvassing boards shall be retained permanently by any officer 
33.29 	with whom those abstracts are filed. Election materials no longer required to be retained 
33.30 	pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. 
33.31 	Sealed envelopes containing voted ballots must be retained unopened, except as provided 
33.32 	in this section, in a secure location. The county auditor, municipal clerk, or school district 
33.33 	clerk shall not permit any voted ballots to be tampered with or defaced.
33.34 	After the time for filing a notice of contest for an election has passed, the secretary 
33.35 	of state may, for the purpose of monitoring and evaluating election procedures: (1) 
34.1 	open the sealed ballot envelopes and inspect the ballots for that election maintained by 
34.2 	the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 
34.3 	place rosters and completed voter registration applications; or (3) examine other forms 
34.4 	required in the Minnesota election laws for use in the polling place. No inspected ballot or 
34.5 	document may be marked or identified in any manner. After inspection, all ballots must be 
34.6 	returned to the ballot envelope and the ballot envelope must be securely resealed. Any 
34.7 	other election materials inspected or examined must be secured or resealed. No polling 
34.8 	place roster may be inspected until the voting history for that precinct has been posted. 
34.9 	No voter registration application may be inspected until the information on it has been 
34.10 	entered into the statewide registration system.

34.11 	Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
34.12 		Subdivision 1.Determination of proper number. The election judges shall 
34.13 	determine the number of ballots to be counted by adding the number of return envelopes 
34.14 	from accepted absentee ballots to the number of signed voter's certificates, or to the 
34.15 	number of names entered in the election register counting the number of original voter 
34.16 	signatures contained in the polling place roster, or on voter's receipts generated from an 
34.17 	electronic roster. The election judges may not count the number of voter receipts collected 
34.18 	in the precinct as a substitute for counting original voter signatures unless the voter 
34.19 	receipts contain the name, voter identification number, and signature of the voter to whom 
34.20 	the receipt was issued. The election judges shall then remove all the ballots from the box. 
34.21 	Without considering how the ballots are marked, the election judges shall ascertain that 
34.22 	each ballot is separate and shall count them to determine whether the number of ballots in 
34.23 	the box corresponds with the number of ballots to be counted.

34.24 	Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
34.25 		Subd. 2.Excess ballots. If two or more ballots are found folded together like 
34.26 	a single ballot, the election judges shall lay them aside until all the ballots in the box 
34.27 	have been counted. If it is evident from the number of ballots to be counted that the 
34.28 	ballots folded together were cast by one voter, the election judges shall preserve but not 
34.29 	count them. If the number of ballots in one box exceeds the number to be counted, the 
34.30 	election judges shall examine all the ballots in the box to ascertain that all are properly 
34.31 	marked with the initials of the election judges. If any ballots are not properly marked with 
34.32 	the initials of the election judges, the election judges shall preserve but not count them; 
34.33 	however, if the number of ballots does not exceed the number to be counted, the absence 
34.34 	of either or both sets of initials of the election judges does not, by itself, disqualify the 
35.1 	vote from being counted and must not but may be the basis of a challenge in a recount. 
35.2 	If there is still an excess of properly marked ballots, the election judges shall replace 
35.3 	them in the box, and one election judge, without looking, shall withdraw from the box 
35.4 	a number of ballots equal to the excess. The withdrawn ballots shall not be counted but 
35.5 	shall be preserved as provided in subdivision 4.

35.6 	Sec. 21. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
35.7 		Subd. 4.Ballots not counted; disposition. When the final count of ballots agrees 
35.8 	with the number of ballots to be counted, those ballots not counted shall be clearly marked 
35.9 	"excess" on the front of the ballot and attached to a certificate made by the election judges 
35.10 	which states the number of ballots not counted and why the ballots they were not counted. 
35.11 	The certificate and uncounted ballots shall be sealed in a separate envelope and returned 
35.12 	to clearly marked "excess ballots." The election judges shall sign their names over the 
35.13 	envelope seal and return the ballots to the county auditor or municipal or school district 
35.14 	clerk from whom they were received. Tabulation of vote totals from a precinct where 
35.15 	excess ballots were removed from the ballot box shall be completed by the canvassing 
35.16 	board responsible for certifying the election results from that precinct.

35.17 	Sec. 22. Minnesota Statutes 2010, section 204C.20, is amended by adding a 
35.18 	subdivision to read:
35.19 		Subd. 5.Applicability. The requirements of this section apply regardless of the 
35.20 	voting system or method of tabulation used in a precinct.

35.21 	Sec. 23. Minnesota Statutes 2010, section 204C.23, is amended to read:
35.22 	204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
35.23 	(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election 
35.24 	judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and 
35.25 	returned as required by section 204C.25. 
35.26 	(b) A ballot that is defective to the extent that the election judges are unable to 
35.27 	determine the voter's intent shall be marked on the back "Defective" if it is totally 
35.28 	defective or "Defective as to ......," naming the office or question if it is defective only in 
35.29 	part. Defective ballots must be placed in an envelope designated for defective ballots from 
35.30 	the precinct, sealed, and returned as required by section 204C.25.
35.31 	(c) A damaged or defective ballot that requires duplication must be handled as 
35.32 	required by section 206.86, subdivision 5.

36.1 	Sec. 24. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
36.2 		Subdivision 1.Information requirements. Precinct summary statements shall be 
36.3 	submitted by the election judges in every precinct. For all elections, the election judges 
36.4 	shall complete three or more copies of the summary statements, and each copy shall 
36.5 	contain the following information for each kind of ballot:
36.6 	(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count 
36.7 	made by the election judges, the number of unofficial ballots made, and the number of 
36.8 	absentee ballots delivered to the precinct;
36.9 	(b) (2) the number of votes each candidate received or the number of yes and no 
36.10 	votes on each question, the number of undervotes, the number of overvotes, and the 
36.11 	number of defective ballots with respect to each office or question;
36.12 	(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the 
36.13 	number of absentee ballots rejected, and the number of unused ballots, presuming that the 
36.14 	total count provided on each package of unopened prepackaged ballots is correct;
36.15 	(4) the number of ballots cast;
36.16 	(d) (5) the number of individuals who voted at the election in the precinct voter 
36.17 	signatures contained on the polling place roster or on voter receipts generated by an 
36.18 	electronic roster, which must equal the total number of ballots cast in the precinct, as 
36.19 	required by sections 204C.20 and 206.86, subdivision 1;
36.20 	(6) the number of excess ballots removed by the election judges, as required by 
36.21 	section 204C.20;
36.22 	(e) (7) the number of voters registering on election day in that precinct; and
36.23 	(f) (8) the signatures of the election judges who counted the ballots certifying that 
36.24 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
36.25 	entered by the election judges on the summary statements correctly show the number of 
36.26 	votes cast for each candidate and for and against each question.
36.27 	At least two copies of the summary statement must be prepared for elections not 
36.28 	held on the same day as the state elections.

36.29 	Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
36.30 		Subdivision 1.At the voting location Precinct polling locations; duties; 
36.31 	reconciliation. In precincts where an electronic voting system is used, as soon as the polls 
36.32 	are closed the election judges shall secure the voting systems against further voting. They 
36.33 	shall then open the ballot box and count the number of ballot cards ballots or envelopes 
36.34 	containing ballot cardsballots that have been cast to determine that the number of ballot 
36.35 	cards ballots does not exceed the number of voters shown on original voter signatures 
37.1 	contained in the election register or registration file polling place roster or on voter receipts 
37.2 	generated from an electronic roster. The election judges may not count the number of 
37.3 	voter receipts collected in the precinct as a substitute for counting original voter signatures 
37.4 	unless the voter receipts contain the name, voter identification number, and signature of 
37.5 	the voter to whom the receipt was issued. If there is an excess, the judges shall seal the 
37.6 	ballots in a ballot container and transport the container to the county auditor or municipal 
37.7 	clerk who shall process the ballots in the same manner as paper ballots are processed in 
37.8 	section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the 
37.9 	manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total 
37.10 	number of voters must be entered on the forms provided. The judges shall next count the 
37.11 	write-in votes and enter the number of those votes on forms provided for the purpose. 

37.12 	Sec. 26. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
37.13 		Subd. 2.Transportation of ballot cards ballots. The judges shall place all voted 
37.14 	ballot cards ballots, excess ballots, defective ballots, and damaged ballots in the container 
37.15 	provided for transporting them to the counting center. The container must be sealed and 
37.16 	delivered immediately to the counting center by two judges who are not of the same major 
37.17 	political party. The judges shall also deliver to the counting center in a suitable container 
37.18 	the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued 
37.19 	to the voters and deposited during the day in the ballot box.

37.20 	Sec. 27. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
37.21 		Subdivision 1.Manner; time; contents. Service of a notice of contest must be 
37.22 	made in the same manner as the service of summons in civil actions. The notice of contest 
37.23 	must specify the grounds on which the contest will be made. The contestant shall serve 
37.24 	notice of the contest on the parties enumerated in this section. Notice must be served and 
37.25 	filed within five days after the canvass is completed in the case of a primary or special 
37.26 	primary or within seven days after the canvass is completed in the case of a special or 
37.27 	general election; except that:
37.28 	(1) if a contest is based on a deliberate, serious, and material violation of the election 
37.29 	laws which was discovered from the statements of receipts and disbursements required 
37.30 	to be filed by candidates and committees, the action may be commenced and the notice 
37.31 	served and filed within ten days after the filing of the statements in the case of a general 
37.32 	or special election or within five days after the filing of the statements in the case of a 
37.33 	primary or special primary.;
38.1 	(2) if a notice of contest questions only which party received the highest number 
38.2 	of votes legally cast at the election, a contestee who loses may serve and file a notice of 
38.3 	contest on any other ground during the three days following expiration of the time for 
38.4 	appealing the decision on the vote count; and
38.5 	(3) if data or documents necessary to determine grounds for a contest, including but 
38.6 	not limited to lists of the names of every voter who participated in an election, are not 
38.7 	available to a candidate or the general public prior to the close of the period for filing a 
38.8 	notice of contest under this section due to nonfeasance, malfeasance, or failure to perform 
38.9 	duties within the time required by statute on the part of the secretary of state, a county 
38.10 	auditor, or other state, county, or municipal election official, a notice of contest may be 
38.11 	served and filed within seven days after the data or documents become available for 
38.12 	inspection by the candidates and the general public.

38.13 	Sec. 28. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
38.14 		Subdivision 1.Appointment of inspectors. After a contest has been instituted, 
38.15 	either party may have the ballots all materials relating to the election, including, but not 
38.16 	limited to, polling place rosters, voter registration applications, accepted absentee ballot 
38.17 	envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct 
38.18 	summary statements, printouts from voting machines, and precinct incident logs, inspected 
38.19 	before preparing for trial. The party requesting an inspection shall file with the district 
38.20 	court where the contest is brought a verified petition, stating that the case cannot properly 
38.21 	be prepared for trial without an inspection of the ballots and other election materials and 
38.22 	designating the precincts in which an inspection is desired. A judge of the court in which 
38.23 	the contest is pending shall then appoint as many sets of three inspectors for a contest of 
38.24 	any office or question as are needed to count and inspect the ballots expeditiously. One 
38.25 	inspector must be selected by each of the parties to the contest and a third must be chosen 
38.26 	by those two inspectors. If either party neglects or refuses to name an inspector, the judge 
38.27 	shall appoint the inspector. The compensation of inspectors is the same as for referees, 
38.28 	unless otherwise stipulated.

38.29 	Sec. 29. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
38.30 		Subdivision 1.Soliciting near polling places. A person may not display campaign 
38.31 	material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 
38.32 	a polling place or within 100 feet of the building in which a polling place is situated, 
38.33 	or anywhere on the public property on which a polling place is situated, on primary or 
38.34 	election day to vote for or refrain from voting for a candidate or ballot question. A person 
39.1 	may not provide political badges, political buttons, or other political insignia to be worn at 
39.2 	or about the polling place on the day of a primary or election. A political badge, political 
39.3 	button, or other political insignia may not be worn at or about the polling place on primary 
39.4 	or election day if it is designed to influence voting for or against a particular candidate, 
39.5 	political party, or question on the ballot at the election. This section applies to areas 
39.6 	established by the county auditor or municipal clerk for absentee voting as provided in 
39.7 	chapter 203B.
39.8 	The secretary of state, county auditor, municipal clerk, or school district clerk may 
39.9 	provide stickers which contain the words "I VOTED" and nothing more. Election judges 
39.10 	may offer a sticker of this type to each voter who has signed the polling place roster
39.11 	or a voter's receipt.

39.12 	Sec. 30.  REPEALER.
 39.13 	Minnesota Statutes 2010, section 203B.04, subdivision 3, is repealed.

39.14 	ARTICLE 3
39.15 	ELECTRONIC ROSTERS

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

39.22 	Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
39.23 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
39.24 	prescribe the form of polling place rosters that include the voter's name, address, date of 
39.25 	birth, school district number, and space for the voter's signature. A polling place roster 
39.26 	provided in an electronic form must allow for a printed voter's receipt that meets the 
39.27 	standards provided in section 201.225, subdivision 2. The secretary of state may prescribe 
39.28 	additional election-related information to be placed on the polling place rosters on an 
39.29 	experimental basis for one state primary and general election cycle; the same information 
39.30 	may not be placed on the polling place roster for a second state primary and general 
39.31 	election cycle unless specified in this subdivision. The polling place roster must be used 
39.32 	to indicate whether the voter has voted in a given election. The secretary of state shall 
39.33 	prescribe procedures for transporting the polling place rosters to the election judges 
40.1 	for use on election day. The secretary of state shall prescribe the form for a county or 
40.2 	municipality to request the date of birth from currently registered voters. The county or 
40.3 	municipality shall not request the date of birth from currently registered voters by any 
40.4 	communication other than the prescribed form and the form must clearly indicate that a 
40.5 	currently registered voter does not lose registration status by failing to provide the date of 
40.6 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
40.7 	polling place rosters used on the date of election for 22 36 months following the election. 

40.8 	Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
40.9 		Subdivision 1.Certification of system. (a) A precinct may have a secure electronic 
40.10 	connection to the statewide voter registration system maintained by the secretary of state 
40.11 	to transmit voter history and registration data. A precinct that uses an electronic roster 
40.12 	must comply with this section and chapter 206A.
40.13 	(b) Precincts may not use an electronic roster until the secretary of state has certified 
40.14 	that the electronic roster system meets the minimum requirements in subdivision 2.
40.15 		Subd. 2.Minimum standards for electronic rosters. At a minimum, an electronic 
40.16 	roster must:
40.17 	(1) be preloaded with data from the statewide voter registration system, including 
40.18 	data on individuals known to be ineligible to vote;
40.19 	(2) permit all voting information processed by any computer in a precinct to be 
40.20 	immediately accessible to all other computers at all other connected precincts in the state;
40.21 	(3) provide for a printed voter's receipt, containing the voter's name, address of 
40.22 	residence, date of birth, voter identification number, the oath required by section 204C.10, 
40.23 	and a space for the voter's original signature;
40.24 	(4) immediately alert the election judge if the statewide voter registration system 
40.25 	indicates that a voter has already voted at the election in another polling place, is ineligible 
40.26 	to vote, or the voter's registration status is challenged;
40.27 	(5) automatically accept and input data from a scanned Minnesota driver's license or 
40.28 	identification card and match the data to an existing voter registration record, and permit 
40.29 	manual input of voter data, if necessary; and
40.30 	(6) perform any other functions required for the efficient and secure administration 
40.31 	of an election, as required by law.
40.32 		Subd. 3.Use of alternative roster. Any precinct that opts not to use an electronic 
40.33 	poll book must use an alternative roster that ensures election day registrations are subject 
40.34 	to the same verification standards as defined in subdivision 2, clauses (1), (2), (3), and (6).

41.1 	Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
41.2 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
41.3 	constitute at least one election precinct:
41.4 	(1) each city ward; and
41.5 	(2) each town and each statutory city.
41.6 	(b) A single, accessible, combined polling place may be established no later than 
41.7 	May 1 of any year:
41.8 	(1) for any city of the third or fourth class, any town, or any city having territory in 
41.9 	more than one county, in which all the voters of the city or town shall cast their ballots;
41.10 	(2) for two contiguous precincts in the same municipality that have a combined 
41.11 	total of fewer than 500 registered voters;
41.12 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
41.13 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
41.14 	(4) for noncontiguous precincts located in one or more counties.
41.15 	A copy of the ordinance or resolution establishing a combined polling place must 
41.16 	be filed with the county auditor within 30 days after approval by the governing body. A 
41.17 	polling place combined under clause (3) must be approved by the governing body of each 
41.18 	participating municipality. A polling place combined under clause (4) must be approved 
41.19 	by the governing body of each participating municipality and the secretary of state and 
41.20 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
41.21 	from participation in a combined polling place must do so by filing a resolution of 
41.22 	withdrawal with the county auditor no later than April 1 of any year.
41.23 	The secretary of state shall provide a separate polling place roster or electronic 
41.24 	roster connection for each precinct served by the combined polling place. A single set of 
41.25 	election judges may be appointed to serve at a combined polling place. The number of 
41.26 	election judges required must be based on the total number of persons voting at the last 
41.27 	similar election in all precincts to be voting at the combined polling place. Separate ballot 
41.28 	boxes must be provided for the ballots from each precinct. The results of the election must 
41.29 	be reported separately for each precinct served by the combined polling place, except in a 
41.30 	polling place established under clause (2) where one of the precincts has fewer than ten 
41.31 	registered voters, in which case the results of that precinct must be reported in the manner 
41.32 	specified by the secretary of state.

41.33 	Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
41.34 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
41.35 	REGISTRATION.
42.1 	(a) An individual seeking to vote shall sign a polling place roster or printed voter's 
42.2 	receipt, generated from an electronic roster which states that the individual is at least 
42.3 	18 years of age, a citizen of the United States, has resided in Minnesota for 20 days 
42.4 	immediately preceding the election, maintains residence at the address shown, is not 
42.5 	under a guardianship in which the court order revokes the individual's right to vote, has 
42.6 	not been found by a court of law to be legally incompetent to vote or has the right to vote 
42.7 	because, if the individual was convicted of a felony, the felony sentence has expired or 
42.8 	been completed or the individual has been discharged from the sentence, is registered 
42.9 	and has not already voted in the election. The roster must also state: "I understand that 
42.10 	deliberately providing false information is a felony punishable by not more than five years 
42.11 	imprisonment and a fine of not more than $10,000, or both."
42.12 	(b) A judge may, before the applicant signs the roster or receipt, confirm the 
42.13 	applicant's name, address, and date of birth.
42.14 	(c) In precincts where a paper roster is used, after the applicant signs the roster, the 
42.15 	judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a 
42.16 	voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the 
42.17 	voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' 
42.18 	receipts must be maintained during the time for notice of filing an election contest for 36 
42.19 	months following the date of the election.

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

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

43.1 	Sec. 8. [206A.01] APPLICABILITY.
43.2 	This chapter applies only to precincts that use electronic rosters. In these precincts, 
43.3 	it applies to each designated election official who transmits election records via 
43.4 	teleprocessing lines to a centralized electronic roster maintained by the secretary of state 
43.5 	for the purpose of conducting an election and compiling complete returns.

43.6 	Sec. 9. [206A.02] DEFINITIONS.
43.7 		Subdivision 1.Definitions. The definitions in this section apply to this chapter.
43.8 		Subd. 2.Designated election official. "Designated election official" means the 
43.9 	county auditor.
43.10 		Subd. 3.Elector data. "Elector data" means voting information, including, but not 
43.11 	limited to, voter registration, voting history, and voting tabulations.
43.12 		Subd. 4.Electronic roster. "Electronic roster" is a list of eligible electors in 
43.13 	electronic format who are permitted to  vote at a polling place in an election conducted 
43.14 	under the Minnesota Election Law, which shall be processed by a computer at a precinct 
43.15 	to be immediately accessible to all other computers at all precincts in the state.
43.16 		Subd. 5.Teleprocessing lines. "Teleprocessing lines" means secure, dedicated 
43.17 	communication transmission facilities  used for the purpose of transferring elector data 
43.18 	between precincts and a centralized computerized roster maintained by the secretary of 
43.19 	state, to ensure the security and integrity of voting information so that no deviation can 
43.20 	go undetected.

43.21 	Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY 
43.22 	PROCEDURES.
43.23 	(a) The designated election official shall establish written security procedures 
43.24 	covering the transference of precinct teleprocessing information. The procedures must 
43.25 	include:
43.26 	(1) security covering the transmission of elector data processed through the 
43.27 	electronic roster and reconciliation of the registration and history of voters casting ballots 
43.28 	in a precinct; and
43.29 	(2) contingency procedures for network and power failure. The procedures must, at 
43.30 	a minimum, include procedures to address all single point failures including:
43.31 	(i) network failure;
43.32 	(ii) power failure that lasts less than one hour; and
43.33 	(iii) power failure that lasts more than one hour.
43.34 	(b) Acceptable alternatives for addressing power or system failures include either:
44.1 	(1) a paper backup of the roster with the minimum information required to verify a 
44.2 	voter's eligibility; or
44.3 	(2) a sufficient number of computers per precinct to ensure that the voter check-in 
44.4 	continues in an efficient manner. The computers must have the ability to function on 
44.5 	batteries or an external power source for up to two hours.
44.6 	(c) Each computer must have an electronic backup of the current roster in one of the 
44.7 	following formats:
44.8 	(1) a portable document file (PDF);
44.9 	(2) a spreadsheet; or
44.10 	(3) a database with a basic look-up interface.
44.11 	In addition to acceptable backup roster procedures, the security procedures must 
44.12 	address contingency procedures to protect against activities such as voting more than once 
44.13 	in an election by a single voter.

44.14 	Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
44.15 	(a) The designated election official shall submit to the secretary of state evidence 
44.16 	that the connection to an electronic roster is secure including details concerning encryption 
44.17 	methodology. In addition, the electronic roster must meet or exceed the standards provided 
44.18 	for in this section.
44.19 	(b) Proven, standard algorithms must be used as the basis for encryption 
44.20 	technologies.
44.21 	(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following 
44.22 	apply:
44.23 	(1) it is the responsibility of the county to ensure that unauthorized users are not 
44.24 	allowed access to internal networks;
44.25 	(2) VPN use is to be controlled using either a onetime password  authentication such 
44.26 	as a token device or a public/private key system with a strong passphrase;
44.27 	(3) when actively connected to the network, VPNs must force all traffic to and from 
44.28 	the computer over the VPN tunnel and all other traffic must be dropped;
44.29 	(4) dual (split) tunneling is not permitted; only one network connection is allowed;
44.30 	(5) VPN gateways must be set up and managed by the county or its designee;
44.31 	(6) all computers connected to internal networks via VPN or any other technology 
44.32 	must use up-to-date antivirus software; and
44.33 	(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

45.1 	Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION 
45.2 	REQUIREMENTS.
45.3 		Subdivision 1.Standards. (a) The electronic roster system connection must contain 
45.4 	enough bandwidth to handle the processing time, taking into account secured transaction 
45.5 	method, for any computer on the system as follows: 
45.6 	(1) a maximum of five seconds to update voter activity;
45.7 	(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; 
45.8 	and
45.9 	(3) a maximum of 45 seconds for session startup and password  verification.
45.10 	(b) The designated election official shall include in the security plan the system data 
45.11 	transfer requirements to completely process a single voter record. This must include at 
45.12 	least the following:
45.13 	(1) the data stream information on both sending and receiving data for all points of 
45.14 	the transaction until the transaction is complete;
45.15 	(2) information on all points where the connection is closed and the data stream 
45.16 	released between the remote computer and the server; and
45.17 	(3) the proposed method of securing transmissions across public networks.
45.18 	(c) The designated election official shall submit in the security plan a detailed list of 
45.19 	all precincts, with a  proposed number of workstations connecting to the database and the 
45.20 	proposed connection, including bandwidth and security, for each location.

45.21 	Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING 
45.22 	PROCEDURES.
45.23 	(a) The electronic roster application must be tested to ensure that it meets the 
45.24 	minimum system requirements prior to the first election in which it is used. The 
45.25 	application must also be tested after the implementation of any  system modifications. The 
45.26 	county shall indicate in the subsequent  security plan whether such retesting has occurred.
45.27 	(b) The test must, at a minimum, include the following:
45.28 	(1) a load test must be demonstrated through either 60 percent of actual computers 
45.29 	running at proposed bandwidth and security settings, or by simulating a load test;
45.30 	(2) a contingency/failure test must be demonstrated and documented  illustrating the 
45.31 	effects of failures identified in section 206A.03; and
45.32 	(3) all tests must be conducted with clients and servers in normal, typical, deployed 
45.33 	operating mode.
46.1 	(c) All records and documentation of the testing must be retained by the  designated 
46.2 	election official for a period of 36 months as part of the election record. The testing record 
46.3 	and documentation must include, but is not limited to, the following:
46.4 	(1) a formal test plan containing all test scripts used:
46.5 	(i) the test plan must include test environment containing make, model, type of 
46.6 	hardware, and software versions used in testing; and
46.7 	(ii) the test plan must also include the number of client computers, servers, and 
46.8 	physical locations involved in testing;
46.9 	(2) test logs of all events that were observed during testing, including:
46.10 	(i) the sequence of actions necessary to set up the tests;
46.11 	(ii) the actions necessary to start the tests;
46.12 	(iii) the actions taken during the execution of the tests;
46.13 	(iv) any measurements taken or observed during the tests;
46.14 	(v) any actions necessary to stop or shut down the tests;
46.15 	(vi) any actions necessary to bring the tests to a halt; and 
46.16 	(vii) any actions necessary or taken to deal with anomalies  experienced during 
46.17 	testing;
46.18 	(3) performance logs and reports taken from both servers and  workstations during 
46.19 	the testing which contain performance information of:
46.20 	(i) network usage (bandwidth);
46.21 	(ii) processor utilization;
46.22 	(iii) Random Access Memory (RAM) utilization; and
46.23 	(iv) any additional performance monitoring reports necessary to explain the process 
46.24 	taken and to support the findings of the  tests; and
46.25 	(4) all test logs must contain the date, time, operator, test status or outcome, and any 
46.26 	additional information to assist the secretary of state in making a determination.

46.27 	Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR 
46.28 	PRECINCTS EMPLOYING ELECTRONIC POLL BOOKS.
46.29 	Counties shall allocate a minimum of two computers to each precinct employing 
46.30 	electronic poll books. The minimum computers required shall be on site at each precinct. 

46.31 	Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
46.32 	(a) Written procedures and reports required by this chapter must be submitted to the 
46.33 	secretary of state for approval no later than 60 days before the election. The secretary of 
47.1 	state shall either approve the procedures as submitted or notify the designated election 
47.2 	official of recommended changes.
47.3 	(b) If the secretary of state rejects or approves the written procedures, the secretary 
47.4 	of state shall  provide written notice of the rejection or approval, including specifics of 
47.5 	noncompliance with this chapter within 15 days of receiving the written procedures.
47.6 	(c) If the secretary of state rejects the written procedures, the designated election 
47.7 	official shall submit a revised procedure within 15 days.
47.8 	(d) The secretary of state shall permit the filing of the revised procedures at a later 
47.9 	date if it is determined that compliance with the 15-day requirement is impossible.

47.10 	Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER 
47.11 	IMPLEMENTATION.
 47.12 		Subdivision 1.Creation. The Legislative Task Force on Electronic Roster 
47.13 	Implementation consists of the following 17 members:
47.14 	(1) one member of the house of representatives appointed by the speaker of the 
47.15 	house;
47.16 	(2) one member who served as a head election judge affiliated with the speaker's 
47.17 	political party at the 2010 state general election appointed by the speaker of the house;
47.18 	(3) one member of the house of representatives appointed by the minority leader 
47.19 	of the house of representatives;
47.20 	(4) one member who served as head election judge affiliated with the minority 
47.21 	leader's political party at the 2010 state general election appointed by the minority leader 
47.22 	of the house of representatives;
47.23 	(5) one member of the senate appointed by the majority leader of the senate;
47.24 	(6) one member who served as a head election judge affiliated with the majority 
47.25 	leader's political party at the 2010 state general election appointed by the majority leader 
47.26 	of the senate;
47.27 	(7) one member of the senate appointed by the minority leader of the senate; 
47.28 	(8) one member who served as a head election judge affiliated with the minority 
47.29 	leader's political party at the 2010 state general election appointed by the minority leader 
47.30 	of the senate;
47.31 	(9) three members who are county head election judges appointed by the Minnesota 
47.32 	Association of County Auditors, one of whom shall be from a representative county 
47.33 	with a large population, one of whom shall be from a representative county with an 
47.34 	average-sized population, and one of whom shall be from a representative county with a 
47.35 	small population, as defined by the association;
48.1 	(10) one member who is a township head elections administrator appointed by 
48.2 	the Minnesota Association of Townships;
48.3 	(11) one member who is a municipal head elections administrator appointed by 
48.4 	the League of Minnesota Cities;
48.5 	(12) one member who is experienced in election administration, appointed by the 
48.6 	Minnesota School Boards Association;
48.7 	(13) the secretary of state, or the secretary's designee;
48.8 	(14) the director of information and technology in the Office of the Secretary of 
48.9 	State; and
48.10 	(15) the Chief Information Officer of the state of Minnesota, or the chief's designee.
48.11 		Subd. 2.Duties. (a) The Legislative Task Force on Electronic Roster 
48.12 	Implementation shall facilitate development and implementation of electronic rosters for 
48.13 	use in elections, as required by this article.
48.14 	(b) The task force shall:
48.15 	(1) study and recommend options for hardware that meets the standards for use in a 
48.16 	precinct as provided in Minnesota Statutes, chapter 206A;
48.17 	(2) study and facilitate implementation of software updates, add-ons, or other 
48.18 	changes to the statewide voter registration system that may be necessary to allow the 
48.19 	system to function as a networked database within or between precincts as required by 
48.20 	Minnesota Statutes, chapter 206A; and
48.21 	(3) recommend to the legislature any additional changes to law that may be 
48.22 	necessary to implement the requirements of this article.
48.23 	(c) Factors that must be considered by the task force in carrying out its duties 
48.24 	include, but are not limited to:
48.25 	(1) ease of equipment use by election administrators, election judges, and voters;
48.26 	(2) cost-effectiveness;
48.27 	(3) feasibility of available technologies within precincts;
48.28 	(4) the security, integrity, and reliability of the electronic roster system and its impact 
48.29 	on the security, integrity, and reliability of the election; and
48.30 	(5) minimum standards for equipment and software functionality as provided by law.
48.31 	(d) The task force shall submit a report to the legislature on its activities and 
48.32 	recommendations no later than December 1, 2011.
48.33 		Subd. 3. Administrative provisions. (a) The director of the Legislative 
48.34 	Coordinating Commission shall convene the first meeting of the task force no later than 
48.35 	July 1, 2011, or within 30 days of enactment of this section, whichever is later, and shall 
48.36 	provide staff as necessary to support the work of the task force.
49.1 	(b) The member of the house of representatives appointed by the speaker of the 
49.2 	house shall serve as the chair of the task force.
49.3 	(c) Meetings of the task force are subject to Minnesota Statutes, chapter 13D, except 
49.4 	that a meeting may be closed to discuss proprietary data or other data that is protected 
49.5 	by law.
49.6 		Subd. 4.Deadline for appointments. Appointments required by this section shall 
49.7 	be made within 21 days of enactment of this article.
49.8 		Subd. 5.Expiration. The task force expires after the submission of the report 
49.9 	required under subdivision 2.

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

49.11 	Sec. 17. APPROPRIATION.
 49.12 	(a) The following amounts are appropriated from the funds and in the fiscal years 
49.13 	indicated to the secretary of state for the purposes of paragraph (b):
49.14 	(1) $2,500,000 in fiscal year 2012 is from the Help America Vote Act account; and
49.15 	(2) $750,000 in fiscal year 2012 and $750,000 in fiscal year 2013 are from the 
49.16 	general fund.
49.17 	Money appropriated under this section in fiscal year 2012 is available in fiscal year 2013. 
49.18 	The base general fund budget appropriation for the purposes of paragraph (b) is $750,000 
49.19 	in fiscal year 2014 and $750,000 in fiscal year 2015.
49.20 	(b) Money appropriated under this section is for:
49.21 	(1)  equipment and upgrades for the statewide voter registration system to serve 
49.22 	as the electronic roster system required by this article, including the development and 
49.23 	programming of an additional module within the system, if necessary; and
49.24 	(2) voter education efforts related to the implementation of photo identification 
49.25 	requirements contained in article 1.

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

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

50.1 	ARTICLE 4
50.2 	RECOUNTS

50.3 	Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
50.4 	204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES 
50.5 	AGREE.
50.6 		Subdivision 1.Errors of election judges. If the candidates for an office 
50.7 	unanimously agree in writing that the election judges in any precinct have made an 
50.8 	obvious error in the counting or recording of the votes for that office, they shall deliver the 
50.9 	agreement to the county auditor of that county who shall reconvene the county canvassing 
50.10 	board, if necessary, and present the agreement to it. The county canvassing board shall 
50.11 	correct the error as specified in the agreement.
50.12 		Subd. 2.Errors of county canvassing board. If the candidates for an office 
50.13 	unanimously agree in writing that the county canvassing board has made an obvious error 
50.14 	in the counting and recording of the vote for that office they shall notify the county auditor 
50.15 	who shall reconvene the canvassing board. The county canvassing board shall promptly 
50.16 	correct the error as specified in the agreement and file an amended report. When an error is 
50.17 	corrected pursuant to this subdivision, the county canvassing board and the county auditor 
50.18 	shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 
50.19 		Subd. 3.Errors of State Canvassing Board. If the candidates for an office 
50.20 	unanimously agree in writing that the State Canvassing Board has made an obvious error 
50.21 	in the counting and recording of the vote for that office they shall deliver the agreement 
50.22 	to the secretary of state. If a certificate of election has not been issued, the secretary of 
50.23 	state shall reconvene the State Canvassing Board and present the agreement to it. The 
50.24 	board shall promptly correct the error as specified in the agreement and file an amended 
50.25 	statement. When an error is corrected pursuant to this subdivision by the State Canvassing 
50.26 	Board, the State Canvassing Board and the secretary of state shall proceed in accordance 
50.27 	with sections 204C.32 to 204C.36 204C.33 and chapter 204E. 

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

50.31 	Sec. 3. [204E.02] RECOUNT OFFICIALS.
50.32 	(a) The secretary of state or the secretary of state's designee is the recount official 
50.33 	for recounts conducted by the State Canvassing Board. The county auditor or the county 
51.1 	auditor's designee is the recount official for recounts conducted by the county canvassing 
51.2 	board. The county auditor or the county auditor's designee shall conduct recounts for 
51.3 	county offices. The municipal clerk or the municipal clerk's designee is the recount official 
51.4 	for recounts conducted by the municipal governing body. The school district clerk or 
51.5 	the school district clerk's designee is the recount official for recounts conducted by the 
51.6 	school board, or by a school district canvassing board as provided in section 205A.10, 
51.7 	subdivision 5.
51.8 	(b) A recount official may delegate the duty to conduct a recount to a county auditor 
51.9 	or municipal clerk by mutual consent. When the person who would otherwise serve as 
51.10 	recount official is a candidate or is the employee or other subordinate, spouse, child, 
51.11 	parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling 
51.12 	of a candidate for the office to be recounted, the appropriate canvassing board shall select 
51.13 	a county auditor or municipal clerk from another jurisdiction to conduct the recount.
51.14 	(c) As used in this chapter, "legal adviser" means counsel to the recount official and 
51.15 	the canvassing board for the office being recounted.

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

51.23 	Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
51.24 		Subdivision 1.Automatic recounts. (a) In a state primary when the difference 
51.25 	between the votes cast for the candidates for nomination to a statewide federal office, 
51.26 	state constitutional office, statewide judicial office, congressional office, state legislative 
51.27 	office, or district judicial office is:
51.28 	(1) less than one-half of one percent of the total number of votes counted for that 
51.29 	nomination; or
51.30 	(2) ten votes or less and the total number of votes cast for the nomination is 400 
51.31 	votes or less, 
51.32 	and the difference determines the nomination, the canvassing board with responsibility for 
51.33 	declaring the results for that office shall manually recount the vote.
52.1 	(b) In a state general election when the difference between the votes of a candidate 
52.2 	who would otherwise be declared elected to a statewide federal office, state constitutional 
52.3 	office, statewide judicial office, congressional office, state legislative office, or district 
52.4 	judicial office and the votes of any other candidate for that office is:
52.5 	(1) less than one-half of one percent of the total number of votes counted for that 
52.6 	office; or
52.7 	(2) ten votes or less if the total number of votes cast for the office is 400 votes or less, 
52.8 	the canvassing board shall manually recount the votes.
52.9 	(c) Time for notice of a contest for an office recounted under this section begins to 
52.10 	run upon certification of the results of the recount by the canvassing board, or as otherwise 
52.11 	provided in section 209.021.
52.12 	(d) A losing candidate may waive a recount required by this section by filing a 
52.13 	written notice of waiver with the canvassing board.
52.14 		Subd. 2.Discretionary candidate recount. (a) A losing candidate whose name was 
52.15 	on the ballot for nomination or election to a statewide federal office, state constitutional 
52.16 	office, statewide judicial office, congressional office, state legislative office, or district 
52.17 	judicial office may request a recount in a manner provided in this section at the candidate's 
52.18 	own expense when the vote difference is greater than the difference required by this 
52.19 	section. The votes must be manually recounted as provided in this section if the candidate 
52.20 	files a request during the time for filing notice of contest of the primary or election for 
52.21 	which a recount is sought.
52.22 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 
52.23 	an amount set by the filing officer for the payment of the recount expenses. The requesting 
52.24 	candidate is responsible for the following expenses: the compensation of the secretary of 
52.25 	state or designees and any election judge, municipal clerk, county auditor, administrator, 
52.26 	or other personnel who participate in the recount; necessary supplies and travel related to 
52.27 	the recount; the compensation of the appropriate canvassing board and costs of preparing 
52.28 	for the canvass of recount results; and any attorney fees incurred in connection with the 
52.29 	recount by the governing body responsible for the recount.
52.30 	(c) The requesting candidate may provide the filing officer with a list of up to three 
52.31 	precincts that are to be recounted first and may waive the balance of the recount after these 
52.32 	precincts have been counted. If the candidate provides a list, the recount official must 
52.33 	determine the expenses for those precincts in the manner provided by paragraph (b).
52.34 	(d) If the winner of the race is changed by the optional recount, the cost of the 
52.35 	recount must be paid by the jurisdiction conducting the recount.
53.1 	(e) If a result of the vote counting in the manual recount is different from the result 
53.2 	of the vote counting reported on election day by a margin greater than the standard for 
53.3 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
53.4 	cost of the recount must be paid by the jurisdiction conducting the recount.

53.5 	Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND 
53.6 	MUNICIPAL ELECTIONS.
53.7 		Subdivision 1.Required recounts. (a) Except as provided in paragraph (b), a 
53.8 	losing candidate for nomination or election to a county, municipal, or school district office 
53.9 	may request a recount of the votes cast for the nomination or election to that office if 
53.10 	the difference between the votes cast for that candidate and for a winning candidate for 
53.11 	nomination or election is less than one-half of one percent of the total votes counted for 
53.12 	that office. In case of offices where two or more seats are being filled from among all the 
53.13 	candidates for the office, the one-half of one percent difference is between the elected 
53.14 	candidate with the fewest votes and the candidate with the most votes from among the 
53.15 	candidates who were not elected.
53.16 	(b) A losing candidate for nomination or election to a county, municipal, or school 
53.17 	district office may request a recount of the votes cast for nomination or election to that 
53.18 	office if the difference between the votes cast for that candidate and for a winning 
53.19 	candidate for nomination or election is ten votes or less, and the total number of votes cast 
53.20 	for the nomination or election of all candidates is no more than 400. In cases of offices 
53.21 	where two or more seats are being filled from among all the candidates for the office, 
53.22 	the ten-vote difference is between the elected candidate with the fewest votes and the 
53.23 	candidate with the most votes from among the candidates who were not elected.
53.24 	(c) Candidates for county offices shall file a written request for the recount with the 
53.25 	county auditor. Candidates for municipal or school district offices shall file a written 
53.26 	request with the municipal or school district clerk as appropriate. All requests must be 
53.27 	filed during the time for notice of contest of the primary or election for which a recount 
53.28 	is sought.
53.29 	(d) Upon receipt of a request made pursuant to this section, the county auditor 
53.30 	shall recount the votes for a county office at the expense of the county, the governing 
53.31 	body of the municipality shall recount the votes for a municipal office at the expense of 
53.32 	the municipality, and the school board of the school district shall recount the votes for a 
53.33 	school district office at the expense of the school district.
53.34 		Subd. 2.Discretionary candidate recounts. (a) A losing candidate for nomination 
53.35 	or election to a county, municipal, or school district office may request a recount in the 
54.1 	manner provided in this section at the candidate's own expense when the vote difference 
54.2 	is greater than the difference required by subdivision 1. The votes must be manually 
54.3 	recounted as provided in this section if the requesting candidate files with the county 
54.4 	auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by 
54.5 	the governing body of the jurisdiction or the school board of the school district for the 
54.6 	payment of the recount expenses.
54.7 	(b) The requesting candidate may provide the filing officer with a list of up to three 
54.8 	precincts that are to be recounted first and may waive the balance of the recount after these 
54.9 	precincts have been counted. If the candidate provides a list, the recount official must 
54.10 	determine the expenses for those precincts in the manner provided by this paragraph.
54.11 	(c) If the winner of the race is changed by the optional recount, the cost of the 
54.12 	recount must be paid by the jurisdiction conducting the recount.
54.13 	(d) If a result of the vote counting in the manual recount is different from the result 
54.14 	of the vote counting reported on election day by a margin greater than the standard for 
54.15 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
54.16 	cost of the recount must be paid by the jurisdiction conducting the recount.
54.17 		Subd. 3.Discretionary ballot question recounts. A recount may be conducted 
54.18 	for a ballot question when the difference between the votes for and the votes against the 
54.19 	question is less than or equal to the difference provided in subdivision 1. A recount may 
54.20 	be requested by any person eligible to vote on the ballot question. A written request for a 
54.21 	recount must be filed with the filing officer of the county, municipality, or school district 
54.22 	placing the question on the ballot and must be accompanied by a petition containing the 
54.23 	signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 
54.24 	when the difference between the votes for and the votes against the question is less than or 
54.25 	equal to the difference provided in subdivision 1, the county auditor shall recount the votes 
54.26 	for a county question at the expense of the county, the governing body of the municipality 
54.27 	shall recount the votes for a municipal question at the expense of the municipality, and the 
54.28 	school board of the school district shall recount the votes for a school district question at 
54.29 	the expense of the school district. If the difference between the votes for and the votes 
54.30 	against the question is greater than the difference provided in subdivision 1, the person 
54.31 	requesting the recount shall also file with the filing officer of the county, municipality, or 
54.32 	school district a bond, cash, or surety in an amount set by the appropriate governing body 
54.33 	for the payment of recount expenses. The written request, petition, and any bond, cash, 
54.34 	or surety required must be filed during the time for notice of contest for the election for 
54.35 	which the recount is requested.
55.1 		Subd. 4.Expenses. In the case of a question, a person, or a candidate requesting a 
55.2 	discretionary recount, is responsible for the following expenses: the compensation of the 
55.3 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
55.4 	administrator, or other personnel who participate in the recount; necessary supplies and 
55.5 	travel related to the recount; the compensation of the appropriate canvassing board and 
55.6 	costs of preparing for the canvass of recount results; and any attorney fees incurred in 
55.7 	connection with the recount by the governing body responsible for the recount.
55.8 		Subd. 5.Notice of contest. Except as otherwise provided in section 209.021, the 
55.9 	time for notice of contest of a nomination or election to an office which is recounted 
55.10 	pursuant to this section begins to run upon certification of the results of the recount by the 
55.11 	appropriate canvassing board or governing body.

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

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

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

56.6 	Sec. 10. [204E.09] GENERAL PROCEDURES.
56.7 	At the opening of a recount, the recount official or legal adviser shall present the 
56.8 	procedures contained in this section for the recount. The custodian of the ballots shall 
56.9 	make available to the recount official the precinct summary statements, the precinct boxes 
56.10 	or the sealed containers of voted ballots, and any other election materials requested by the 
56.11 	recount official. If the recount official needs to leave the room for any reason, the recount 
56.12 	official must designate a deputy recount official to preside during the recount official's 
56.13 	absence. A recount official must be in the room at all times. The containers of voted ballots 
56.14 	must be unsealed and resealed within public view. No ballots or election materials may be 
56.15 	handled by candidates, their representatives, or members of the public. There must be an 
56.16 	area of the room from which the public may observe the recount. Cell phones and video 
56.17 	cameras may be used in this public viewing area, as long as their use is not disruptive. The 
56.18 	recount official shall arrange the counting of the ballots so that the candidates and their 
56.19 	representatives may observe the ballots as they are recounted. Candidates may each have 
56.20 	one representative observe the sorting of each precinct. One additional representative per 
56.21 	candidate may observe the ballots when they have been sorted and are being counted 
56.22 	pursuant to section 204E.10. Candidates may have additional representatives in the public 
56.23 	viewing area of the room. If other election materials are handled or examined by the 
56.24 	recount officials, the candidates and their representatives may observe them. The recount 
56.25 	official shall ensure that public observation does not interfere with the counting of the 
56.26 	ballots. The recount official shall prepare a summary of the recount vote by precinct.

56.27 	Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
56.28 		Subdivision 1.Breaks in counting process. Recount officials may not take a break 
56.29 	for a meal or for the day prior to the completion of the sorting, counting, review, and 
56.30 	labeling of challenges, and secure storage of the ballots for any precinct. All challenged 
56.31 	ballots must be stored securely during breaks in the counting process.
56.32 		Subd. 2.Sorting ballots. Ballots must be recounted by precinct. The recount 
56.33 	official shall open the sealed container of ballots and recount them in accordance with 
56.34 	section 204C.22. The recount official must review each ballot and sort the ballots into 
57.1 	piles based upon the recount official's determination as to which candidate, if any, the 
57.2 	voter intended to vote for: one pile for each candidate that is the subject of the recount 
57.3 	and one pile for all other ballots. 
57.4 		Subd. 3.Challenge. During the sorting, a candidate or candidate's representative 
57.5 	may challenge the ballot if the candidate's representative disagrees with the recount 
57.6 	official's determination of the person for whom the ballot should be counted and whether 
57.7 	there are identifying marks on the ballot. At a recount of a ballot question, the manner 
57.8 	in which a ballot is counted may be challenged by the person who requested the recount 
57.9 	or that person's representative. Challenges may not be automatic or frivolous and the 
57.10 	challenger must state the basis for the challenge pursuant to section 204C.22. Challenged 
57.11 	ballots must be placed into separate piles, one for ballots challenged by each candidate. 
57.12 	Only the canvassing board with responsibility to certify the results of the recount has the 
57.13 	authority to declare a challenge to be "frivolous."
57.14 		Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must 
57.15 	count the piles using the stacking method described in section 204C.21. A candidate or 
57.16 	candidate's representative may immediately request to have a pile of 25 counted a second 
57.17 	time if there is not agreement as to the number of votes in the pile.
57.18 		Subd. 5.Reviewing and labeling challenged ballots. After the ballots from 
57.19 	a precinct have been counted, the recount official may review the challenged ballots 
57.20 	with the candidate or the candidate's representative. The candidate's representative may 
57.21 	choose to withdraw any challenges previously made. The precinct name, the reason 
57.22 	for the challenge, and the name of the person challenging the ballot or the candidate 
57.23 	that person represents, and a sequential number must be marked on the back of each 
57.24 	remaining challenged ballot before it is placed in an envelope marked "Challenged 
57.25 	Ballots." After the count of votes for the precinct has been determined, all ballots except 
57.26 	the challenged ballots must be resealed in the ballot envelopes and returned with the other 
57.27 	election materials to the custodian of the ballots. The recount official may make copies 
57.28 	of the challenged ballots. After the count of votes for all precincts has been determined 
57.29 	during that day of counting, the challenged ballot envelope must be sealed and kept secure 
57.30 	for presentation to the canvassing board.

57.31 	Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
57.32 		Subdivision 1.Certification of results. The recount official shall present the 
57.33 	summary statement of the recount and any challenged ballots to the canvassing board. 
57.34 	The candidate or candidate's representative who made the challenge may present the 
57.35 	basis for the challenge to the canvassing board. The canvassing board shall rule on the 
58.1 	challenged ballots and incorporate the results into the summary statement. The canvassing 
58.2 	board shall certify the results of the recount. Challenged ballots must be returned to the 
58.3 	election official who has custody of the ballots.
58.4 		Subd. 2.Tie votes. In case of a tie vote for nomination or election to an office, the 
58.5 	canvassing board with the responsibility for declaring the results for that office shall 
58.6 	determine the tie by lot.

58.7 	Sec. 13. [204E.12] SECURITY DEPOSIT.
58.8 	When a bond, cash, or surety for recount expenses is required by section 204E.04 
58.9 	or 204E.05, the governing body or recount official shall set the amount of the security 
58.10 	deposit at an amount which will cover expected recount expenses. In multicounty districts, 
58.11 	the secretary of state shall set the amount taking into consideration the expenses of the 
58.12 	election jurisdictions in the district and the expenses of the secretary of state. The security 
58.13 	deposit must be filed during the period for requesting an administrative recount. In 
58.14 	determining the expenses of the recount, only the actual recount expenditures incurred 
58.15 	by the recount official and the election jurisdiction in conducting the recount may be 
58.16 	included. General office and operating costs may not be taken into account.

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

58.22	Column A
	Column B
	
58.23	204C.34
	204E.11, subdivision 2
	
58.24	204C.35
	204E.04
	
58.25	204C.36
	204E.05

58.26 	Sec. 15.  REPEALER.
 58.27 	Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are 
58.28 	repealed.

58.29 	Sec. 16. EFFECTIVE DATE.
 58.30 	This article is effective June 1, 2011, and applies to recounts conducted on or after 
58.31 	that date.