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; changing certain filing requirements; 
1.5 	establishing a procedure for provisional balloting; creating challenged voter 
1.6 	eligibility list; specifying other election administration procedures; allowing use 
1.7 	of electronic polling place rosters; setting standards for use of electronic polling 
1.8 	place rosters; creating legislative task force on electronic roster implementation; 
1.9 	enacting procedures related to recounts; requiring reports; appropriating money;
1.10 	amending Minnesota Statutes 2010, sections 10A.20, subdivision 2; 13.69, 
1.11 	subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision; 171.06, 
1.12 	subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions 1, 3, 4; 
1.13 	171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071; 171.11; 
1.14 	171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision 1; 
1.15 	201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121, 
1.16 	subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1, 
1.17 	2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2; 
1.18 	204B.21, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 
1.19 	204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, 
1.20 	subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, 
1.21 	subdivision 2; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, 
1.22 	subdivision 4; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021, 
1.23 	subdivision 1; 209.06, subdivision 1; 211B.11, subdivision 1; proposing coding 
1.24 	for new law in Minnesota Statutes, chapters 200; 201; 204C; proposing coding 
1.25 	for new law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota 
1.26 	Statutes 2010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 
1.27 	204C.361.
1.28 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.29 	ARTICLE 1
1.30 	VOTER REGISTRATION, PHOTO IDENTIFICATION, AND 
1.31 	PROVISIONAL BALLOTING

1.32 	Section 1. Minnesota Statutes 2010, section 10A.20, subdivision 2, is amended to read:
2.1 		Subd. 2.Time for filing. (a) The reports must be filed with the board on or before 
2.2 	January 31 of each year and additional reports must be filed as required and in accordance 
2.3 	with paragraphs (b) to (d) (e).
2.4 	(b) In each year in which the name of the candidate is on the ballot, the report of 
2.5 	the principal campaign committee must be filed 15 days before a primary and ten days 
2.6 	before a general election, seven days before a special primary and a special election, 
2.7 	and ten days after a special election cycle.
2.8 	(c) In each general election year, a political committee or political fund must file 
2.9 	reports 28 and 15 days before a primary and 42 and ten days before a general election. 
2.10 	Beginning in 2012, reports required under this paragraph must also be filed 56 days before 
2.11 	a primary.
2.12 	(d) In each general election year, a party unit must file reports 15 days before a 
2.13 	primary and ten days before a general election.
2.14 	(e) The treasurer of a political committee, political fund, principal campaign 
2.15 	committee, or party unit that has received contributions or made expenditures that in 
2.16 	aggregate within the year exceed $5,000 must file a report with the board by April 7 in 
2.17 	each year and by July 7 and October 7 in years when there is no general election.

2.18 	Sec. 2. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
2.19 		Subdivision 1.Classifications. (a) The following government data of the 
2.20 	Department of Public Safety are private data:
2.21 	(1) medical data on driving instructors, licensed drivers, and applicants for parking 
2.22 	certificates and special license plates issued to physically disabled persons;
2.23 	(2) other data on holders of a disability certificate under section 169.345, except that 
2.24 	data that are not medical data may be released to law enforcement agencies;
2.25 	(3) Social Security numbers in driver's license and motor vehicle registration 
2.26 	records, except that Social Security numbers must be provided to the Department of 
2.27 	Revenue for purposes of tax administration, the Department of Labor and Industry for 
2.28 	purposes of workers' compensation administration and enforcement, and the Department 
2.29 	of Natural Resources for purposes of license application administration; and
2.30 	(4) data on persons listed as standby or temporary custodians under section 171.07, 
2.31 	subdivision 11, except that the data must be released to:
2.32 	(i) law enforcement agencies for the purpose of verifying that an individual is a 
2.33 	designated caregiver; or
3.1 	(ii) law enforcement agencies who state that the license holder is unable to 
3.2 	communicate at that time and that the information is necessary for notifying the designated 
3.3 	caregiver of the need to care for a child of the license holder; and
3.4 	(5) data on applicants for a Minnesota voter identification card under section 171.07, 
3.5 	subdivision 3b.
3.6 	The department may release the Social Security number only as provided in clause 
3.7 	(3) and must not sell or otherwise provide individual Social Security numbers or lists of 
3.8 	Social Security numbers for any other purpose.
3.9 	(b) The following government data of the Department of Public Safety are 
3.10 	confidential data: data concerning an individual's driving ability when that data is received 
3.11 	from a member of the individual's family.

3.12 	Sec. 3. Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision 
3.13 	to read:
3.14 		Subd. 51.Voter identification card. "Voter identification card" means a card 
3.15 	issued or issuable under the laws of this state by the commissioner of public safety that 
3.16 	denotes citizenship, identity, and residence address and may be used as identification 
3.17 	and proof of residence for election day voter registration and for voting on election day, 
3.18 	but for no other purpose.

3.19 	Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
3.20 		Subdivision 1.Forms of application. Every application for a Minnesota 
3.21 	identification card, for an enhanced identification card, for an instruction permit, for 
3.22 	a provisional license, for a driver's license, or for an enhanced driver's license, or for a 
3.23 	voter identification card  must be made in a format approved by the department, and every 
3.24 	application, except for an application for a voter identification card,  must be accompanied 
3.25 	by the proper fee. All first-time applications and change-of-status applications must be 
3.26 	signed in the presence of the person authorized to accept the application, or the signature 
3.27 	on the application may be verified by a notary public. All applications requiring evidence 
3.28 	of legal presence in the United States or United States citizenship must be signed in 
3.29 	the presence of the person authorized to accept the application, or the signature on the 
3.30 	application may be verified by a notary public.

3.31 	Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
3.32 		Subd. 2.Fees. (a) The fees for a license and Minnesota identification card are 
3.33 	as follows:

4.1	Classified Driver's License
		D-$22.25
	C-$26.25
	B-$33.25
	A-$41.25
	
4.2	Classified Under-21 D.L.
		D-$22.25
	C-$26.25
	B-$33.25
	A-$21.25
	
4.3	Enhanced Driver's License
		D-$37.25
	C-$41.25
	B-$48.25
	A-$56.25
	
4.4	Instruction Permit
					$10.25
	
4.5
4.6	Enhanced Instruction 
Permit
					$25.25
	
4.7	Provisional License
					$13.25
	
4.8
4.9	Enhanced Provisional 
License
					$28.25
	
4.10
4.11
4.12	Duplicate License or 
duplicate identification 
card
					$11.75
	
4.13
4.14
4.15
4.16	Enhanced Duplicate 
License or enhanced 
duplicate identification 
card
					$26.75
	
4.17
4.18
4.19
4.20
4.21
4.22
4.23	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
	
4.24
4.25	Enhanced Minnesota 
identification card
					$31.25
	
4.26 	In addition to each fee required in this paragraph, the commissioner shall collect a 
4.27 	surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 
4.28 	credited to the driver and vehicle services technology account in the special revenue fund 
4.29 	under section 299A.705.
4.30 	(b) Notwithstanding paragraph (a), an individual who holds a provisional license and 
4.31 	has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 
4.32 	169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 
4.33 	violations, and (3) convictions for moving violations that are not crash related, shall have a 
4.34 	$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 
4.35 	has the meaning given it in section 171.04, subdivision 1.
4.36 	(c) In addition to the driver's license fee required under paragraph (a), the 
4.37 	commissioner shall collect an additional $4 processing fee from each new applicant 
4.38 	or individual renewing a license with a school bus endorsement to cover the costs for 
4.39 	processing an applicant's initial and biennial physical examination certificate. The 
4.40 	department shall not charge these applicants any other fee to receive or renew the 
4.41 	endorsement.
4.42 	(d) The commissioner shall not collect any fee or surcharge for a voter identification 
4.43 	card.

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

6.19 	Sec. 7. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision 
6.20 	to read:
6.21 		Subd. 3b.Application for voter identification card. An application for a voter 
6.22 	identification card, including a renewal or duplicate card, or a new card required as a 
6.23 	result of change of address, must:
6.24 	(1) state the applicant's full legal name, date of birth, sex, residence address, and 
6.25 	(i) last four digits of the applicant's Social Security number, or (ii) certification that the 
6.26 	applicant has not been assigned a Social Security number;
6.27 	(2) provide a description of the applicant in the same manner as required on an 
6.28 	application for a Minnesota driver's license;
6.29 	(3) be accompanied by proof satisfactory to the commissioner of the applicant's 
6.30 	United States citizenship;
6.31 	(4) state the length of residence at the applicant's current address; and
6.32 	(5) present a photographic identity document or affirm under penalty of perjury that 
6.33 	the applicant has a religious objection to the use of a photographic image.

6.34 	Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:
7.1 		Subdivision 1.Definitions. For purposes of this section:
7.2 	(1) "applicant" means an individual applying for a driver's license, provisional 
7.3 	license, restricted license, duplicate license, instruction permit, Minnesota identification 
7.4 	card, voter identification card, or motorized bicycle operator's permit; and
7.5 	(2) "application" refers to an application for a driver's license, provisional license, 
7.6 	restricted license, duplicate license, instruction permit, Minnesota identification card, 
7.7 	 voter identification card, or motorized bicycle operator's permit.

7.8 	Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:
7.9 		Subd. 3.Application. An applicant may file an application with an agent. The 
7.10 	agent shall receive and accept applications in accordance with the laws and rules of the 
7.11 	Department of Public Safety for a driver's license, restricted license, duplicate license, 
7.12 	instruction permit, Minnesota identification card, voter identification card, or motorized 
7.13 	bicycle operator's permit.

7.14 	Sec. 10. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
7.15 		Subd. 4.Fee; equipment. (a) The agent may charge and retain a filing fee of 
7.16 	$5 for each application, except for an application for a voter identification card, for 
7.17 	which no filing fee may be charged. Except as provided in paragraph (b), the fee shall 
7.18 	cover all expenses involved in receiving, accepting, or forwarding to the department the 
7.19 	applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions 
7.20 	2 and 2a; and 171.07, subdivisions 3 and 3a.
7.21 	(b) The department shall maintain the photo identification equipment for all 
7.22 	agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or 
7.23 	discontinuance of an existing agent, and if a new agent is appointed in an existing office 
7.24 	pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota 
7.25 	Rules, part 7404.0400, the department shall provide and maintain photo identification 
7.26 	equipment without additional cost to a newly appointed agent in that office if the office 
7.27 	was provided the equipment by the department before January 1, 2000. All photo 
7.28 	identification equipment must be compatible with standards established by the department.
7.29 	(c) A filing fee retained by the agent employed by a county board must be paid into 
7.30 	the county treasury and credited to the general revenue fund of the county. An agent who 
7.31 	is not an employee of the county shall retain the filing fee in lieu of county employment 
7.32 	or salary and is considered an independent contractor for pension purposes, coverage 
7.33 	under the Minnesota State Retirement System, or membership in the Public Employees 
7.34 	Retirement Association.
8.1 	(d) Before the end of the first working day following the final day of the reporting 
8.2 	period established by the department, the agent must forward to the department all 
8.3 	applications and fees collected during the reporting period except as provided in paragraph 
8.4 	(c). The department shall transmit payment to the agent of $5 for each application for a 
8.5 	voter identification card. An agent employed by a county board shall remit the payments 
8.6 	to the county under paragraph (c) and all other agents may retain the payments.

8.7 	Sec. 11. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:
8.8 		Subd. 1a.Filing photograph or image; data classification. The department 
8.9 	shall file, or contract to file, all photographs or electronically produced images obtained 
8.10 	in the process of issuing drivers' licenses or, Minnesota identification cards, or voter 
8.11 	identification cards. The photographs or electronically produced images shall be private 
8.12 	data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 
8.13 	3, the department shall not be required to provide copies of photographs or electronically 
8.14 	produced images to data subjects. The use of the files is restricted:
8.15 	(1) to the issuance and control of drivers' licenses and voter identification cards;
8.16 	(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
8.17 	investigation and prosecution of crimes, service of process, enforcement of no contact 
8.18 	orders, location of missing persons, investigation and preparation of cases for criminal, 
8.19 	juvenile, and traffic court, and supervision of offenders;
8.20 	(3) to public defenders, as defined in section 611.272, for the investigation and 
8.21 	preparation of cases for criminal, juvenile, and traffic courts; and
8.22 	(4) to child support enforcement purposes under section 256.978.

8.23 	Sec. 12. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision 
8.24 	to read:
8.25 		Subd. 3b.Voter identification cards. (a) A voter identification card must be 
8.26 	issued to a qualifying applicant who, on the election day next occurring after the date of 
8.27 	issuance, will meet the voter eligibility requirements of the Minnesota State Constitution 
8.28 	and statutes, and who does not possess a current Minnesota driver's license or Minnesota 
8.29 	identification card.
8.30 	(b) A voter identification card must bear a distinguishing number assigned to 
8.31 	the applicant; the applicant's full name and date of birth; the applicant's address of 
8.32 	residence; a description of the applicant in the same manner as provided on a Minnesota 
8.33 	driver's license; the date of the card's expiration; and the usual signature of the applicant. 
8.34 	The card must bear a colored photograph or an electronically produced image of the 
9.1 	applicant, or, for an applicant who has affirmed a religious objection under section 171.06, 
9.2 	subdivision 3b, clause (5), the card must bear the words "Valid without photograph." 
9.3 	An individual eligible to apply for status as a permanent absentee voter under section 
9.4 	203B.04, subdivision 5, must be permitted to submit a photograph, consistent with any 
9.5 	size or formatting requirements of the commissioner of public safety, for use on a voter 
9.6 	identification card issued under this subdivision.
9.7 	(c) A voter identification card shall not be valid identification for purposes unrelated 
9.8 	to voting in Minnesota. 
9.9 	(d) A voter identification card must be of a different color scheme than a Minnesota 
9.10 	driver's license or state identification card, but must incorporate the same information and 
9.11 	security features as provided in subdivision 9.
9.12 	(e) Each voter identification card must be plainly marked: "Voter Identification â€“ 
9.13 	Not a driver's license. Valid Identification Only for Voting."

9.14 	Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
9.15 		Subd. 4.Expiration. (a) Except as otherwise provided in this subdivision, 
9.16 	the expiration date of Minnesota identification cards and voter identification cards of 
9.17 	applicants under the age of 65 shall be the birthday of the applicant in the fourth year 
9.18 	following the date of issuance of the card.
9.19 	(b) Minnesota identification cards and voter identification cards issued to applicants 
9.20 	age 65 or over shall be valid for the lifetime of the applicant.
9.21 	(c) The expiration date for an Under-21 identification card is the cardholder's 21st 
9.22 	birthday. The commissioner shall issue an identification card to a holder of an Under-21 
9.23 	identification card who applies for the card, pays the required fee, and presents proof of 
9.24 	identity and age, unless the commissioner determines that the applicant is not qualified 
9.25 	for the identification card.

9.26 	Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
9.27 		Subd. 9.Improved security. The commissioner shall develop new Drivers' 
9.28 	licenses and, identification cards, to be issued beginning January 1, 1994, thatand voter 
9.29 	identification cards must be as impervious to alteration as is reasonably practicable in their 
9.30 	design and quality of material and technology. The driver's license security laminate 
9.31 	shall be made from materials not readily available to the general public. The design and 
9.32 	technology employed must enable the driver's license and identification card to be subject 
9.33 	to two or more methods of visual verification capable of clearly indicating the presence 
9.34 	of tampering or counterfeiting. The driver's license and identification card must not be 
10.1 	susceptible to reproduction by photocopying or simulation and must be highly resistant 
10.2 	to data or photograph substitution and other tampering.

10.3 	Sec. 15. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:
10.4 		Subd. 14.Use of Social Security number. An applicant's Social Security number 
10.5 	must not be displayed, encrypted, or encoded on the driver's license or, Minnesota 
10.6 	identification card, voter identification card, or included in a magnetic strip or bar code 
10.7 	used to store data on the license or, Minnesota identification card, or voter identification 
10.8 	card. The Social Security number must not be used as a Minnesota driver's license or,
10.9 	identification, or voter identification  number.

10.10 	Sec. 16. Minnesota Statutes 2010, section 171.071, is amended to read:
10.11 	171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR 
10.12 	VOTER IDENTIFICATION CARD.
10.13 		Subdivision 1.Religious objection. Notwithstanding the provisions of section 
10.14 	171.07, the commissioner of public safety may adopt rules to permit identification on a 
10.15 	driver's license or, Minnesota identification card, or voter identification card  in lieu of 
10.16 	a photograph or electronically produced image where the commissioner finds that the 
10.17 	licensee has religious objections to the use of a photograph or electronically produced 
10.18 	image. 
10.19 		Subd. 2.Certain head wear permitted. If an accident involving a head injury, 
10.20 	serious illness, or treatment of the illness has resulted in hair loss by an applicant for a 
10.21 	driver's license or, identification card, or voter identification card, the commissioner shall 
10.22 	permit the applicant to wear a hat or similar head wear in the photograph or electronically 
10.23 	produced image. The hat or head wear must be of an appropriate size and type to allow 
10.24 	identification of the holder of the license or card and must not obscure the holder's face.
10.25 		Subd. 3.Exception. Subdivisions 1 and 2 do not apply to the commissioner's 
10.26 	requirements pertaining to a photograph or electronically produced image on an enhanced 
10.27 	driver's license or an enhanced identification card.

10.28 	Sec. 17. Minnesota Statutes 2010, section 171.11, is amended to read:
10.29 	171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD; 
10.30 	CHANGE OF DOMICILE OR NAME.
10.31 		Subdivision 1.Duplicate driver's license. When any person, after applying for or 
10.32 	receiving a driver's license, shall change permanent domicile from the address named in 
10.33 	such application or in the license issued to the person, or shall change a name by marriage 
11.1 	or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's 
11.2 	license upon a form furnished by the department and pay the required fee. The application 
11.3 	or duplicate license shall show both the licensee's old address and new address or the 
11.4 	former name and new name as the case may be.
11.5 		Subd. 2.Duplicate voter identification card. A voter identification cardholder who 
11.6 	changes residence address or name from the address or name stated on the card shall not 
11.7 	present the card for voting purposes, but must apply for a duplicate voter identification card 
11.8 	upon a form furnished by the department. The application for duplicate voter identification 
11.9 	card must show the cardholder's former address and current address, along with length of 
11.10 	residence at the current address, and the former name and current name, as applicable.

11.11 	Sec. 18. Minnesota Statutes 2010, section 171.14, is amended to read:
11.12 	171.14 CANCELLATION.
11.13 	(a) The commissioner may cancel any driver's license or voter identification card 
11.14 	upon determination that (1) the licensee or cardholder was not entitled to the issuance of 
11.15 	the license or card, (2) the licensee or cardholder failed to give the required or correct 
11.16 	information in the application, (3) the licensee or cardholder committed any fraud or 
11.17 	deceit in making the application, or (4) the person, at the time of the cancellation, would 
11.18 	not have been entitled to receive a license under section 171.04, or a cardholder under 
11.19 	section 171.07.
11.20 	(b) The commissioner shall cancel the driver's license of a person described in 
11.21 	paragraph (a), clause (3), for 60 days or until the required or correct information has 
11.22 	been provided, whichever is longer.
11.23 	(c) The commissioner shall cancel the voter identification card of a person described 
11.24 	in paragraph (a) until the person completes the application process under section 171.06, 
11.25 	and complies in all respects with the requirements of the commissioner.
11.26 	(d) The commissioner shall immediately notify the holder of a voter identification 
11.27 	card of a cancellation of the card. Notification must be by mail, addressed to the 
11.28 	cardholder's last known address, with postage prepaid.

11.29 	Sec. 19. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
11.30 	(a) The following are sufficient proof of identity and residence for purposes of 
11.31 	election day voter registration under section 201.061, subdivision 3, and for determining 
11.32 	whether to count a provisional ballot under section 204C.135, subdivision 2:
12.1 	(1) a current driver's license, state identification card, or voter identification card 
12.2 	issued to the voter by the Department of Public Safety that contains the voter's current 
12.3 	address of residence in the  precinct;
12.4 	(2) an identification card issued to the voter by the tribal government of a tribe 
12.5 	recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the 
12.6 	voter's current address of residence in the precinct, and any other items of data required to 
12.7 	be contained on a Minnesota identification card, as provided in section 171.07, subdivision 
12.8 	3, paragraphs (a) and (b);
12.9 	(3) an original receipt for a new, renewed, or updated driver's license, state 
12.10 	identification card, or voter identification card issued to the voter under section 171.07 
12.11 	that contains the voter's current address of residence in the precinct along with one of the 
12.12 	following documents, provided that it contains a photograph of the voter:
12.13 	(i) a driver's license, identification card, or voter identification card that is expired 
12.14 	or does not contain the voter's current address of residence, issued to the voter by the 
12.15 	state of Minnesota or any other state of the United States as defined in section 645.44, 
12.16 	subdivision 11; 
12.17 	(ii) a United States passport, issued to the voter; 
12.18 	(iii) an identification card issued by a branch, department, agency, entity, or 
12.19 	subdivision of Minnesota or the federal government; 
12.20 	(iv) an identification card issued by an accredited postsecondary institution with 
12.21 	a campus located within Minnesota, if a list of students from that institution has been 
12.22 	prepared under section 135A.17 and certified to the county auditor in the manner provided 
12.23 	in rules of the secretary of state; or
12.24 	(v) an identification card issued to the voter by the tribal government of a tribe 
12.25 	recognized by the Bureau of Indian Affairs; 
12.26 	(4) if the voter is a student, a driver's license or identification card issued by 
12.27 	Minnesota or any other state of the United States as defined in section 645.44, subdivision 
12.28 	11 that does not contain the voter's current address of residence, along with a current 
12.29 	student fee statement that contains the student's valid address of residence in the precinct; 
12.30 	or
12.31 	(5) if the voter resides in a residential facility located in the precinct, a driver's 
12.32 	license or identification card issued to the voter by the Department of Public Safety that 
12.33 	contains the voter's photograph along with a certification of residence in the facility, 
12.34 	signed by the facility administrator on a form prescribed by the secretary of state.
12.35 	(b) As used in this section, "residential facility" means transitional housing as 
12.36 	defined in section 256E.33, subdivision 1; a supervised living facility licensed by the 
13.1 	commissioner of health under section 144.50, subdivision 6; a nursing home as defined in 
13.2 	section 144A.01, subdivision 5; a residence registered with the commissioner of health 
13.3 	as a housing with services establishment as defined in section 144D.01, subdivision 4; 
13.4 	a veterans home operated by the commissioner of veterans affairs under chapter 198; 
13.5 	a residence licensed by the commissioner of human services to provide a residential 
13.6 	program as defined in section 245A.02, subdivision 14; a residential facility for persons 
13.7 	with a developmental disability licensed by the commissioner of human services under 
13.8 	section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a 
13.9 	shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised 
13.10 	publicly or privately operated shelter or dwelling designed to provide temporary living 
13.11 	accommodations for the homeless.

13.12 	Sec. 20. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD 
13.13 	ACCOUNT.
13.14 	A state-subsidized  voter identification card account is established in the special 
13.15 	revenue fund. Money in the account is appropriated to the Department of Public Safety for 
13.16 	purposes of providing state-subsidized voter identification cards to individuals qualifying 
13.17 	under section 171.07, subdivision 3b, provided that the department may not be reimbursed 
13.18 	more than the actual cost of providing voter identification cards, not to exceed $9.85 for 
13.19 	each card issued. A report of the total expenditures by county must be submitted to the 
13.20 	members of the house and senate committees with oversight of elections by January 
13.21 	31 of each year. On June 30 of each odd-numbered year, any balance in the account is 
13.22 	transferred to the general fund.

13.23 	Sec. 21. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
13.24 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
13.25 	register on election day by appearing in person at the polling place for the precinct in 
13.26 	which the individual maintains residence, by completing a registration application, making 
13.27 	an oath in the form prescribed by the secretary of state and providing proof of identity and
13.28 	residence. An individual may prove identity and residence for purposes of registering by:
13.29 	presenting documentation as permitted by section 200.035.
13.30 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
13.31 	to section 171.07;
13.32 	(2) presenting any document approved by the secretary of state as proper 
13.33 	identification;
13.34 	(3) presenting one of the following:
14.1 	(i) a current valid student identification card from a postsecondary educational 
14.2 	institution in Minnesota, if a list of students from that institution has been prepared under 
14.3 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
14.4 	the secretary of state; or
14.5 	(ii) a current student fee statement that contains the student's valid address in the 
14.6 	precinct together with a picture identification card; or
14.7 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
14.8 	employed by and working in a residential facility in the precinct and vouching for a 
14.9 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
14.10 	voter or employee personally knows that the individual is a resident of the precinct. A 
14.11 	voter who has been vouched for on election day may not sign a proof of residence oath 
14.12 	vouching for any other individual on that election day. A voter who is registered to vote in 
14.13 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
14.14 	does not apply to an employee of a residential facility described in this clause. The 
14.15 	secretary of state shall provide a form for election judges to use in recording the number 
14.16 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
14.17 	form must include space for the maximum number of individuals for whom a voter may 
14.18 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
14.19 	a statement that the voter is registered to vote in the precinct, personally knows that the 
14.20 	individual is a resident of the precinct, and is making the statement on oath. The form must 
14.21 	include a space for the voter's printed name, signature, telephone number, and address.
14.22 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
14.23 	attached to the voter registration application.
14.24 	(b) The operator of a residential facility shall prepare a list of the names of its 
14.25 	employees currently working in the residential facility and the address of the residential 
14.26 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
14.27 	no less than 20 days before each election for use in election day registration.
14.28 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
14.29 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
14.30 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
14.31 	5; a residence registered with the commissioner of health as a housing with services 
14.32 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
14.33 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
14.34 	licensed by the commissioner of human services to provide a residential program as 
14.35 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
14.36 	developmental disability licensed by the commissioner of human services under section 
15.1 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
15.2 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
15.3 	publicly or privately operated shelter or dwelling designed to provide temporary living 
15.4 	accommodations for the homeless.
15.5 	(d) For tribal band members, an individual may prove residence for purposes of 
15.6 	registering by:
15.7 	(1) presenting an identification card issued by the tribal government of a tribe 
15.8 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
15.9 	contains the name, address, signature, and picture of the individual; or
15.10 	(2) presenting an identification card issued by the tribal government of a tribe 
15.11 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
15.12 	contains the name, signature, and picture of the individual and also presenting one of the 
15.13 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
15.14 	(e) (b) A county, school district, or municipality may must require that an election 
15.15 	judge responsible for election day registration initial sign each completed registration 
15.16 	application.

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

16.3 	Sec. 23. Minnesota Statutes 2010, section 204B.21, subdivision 2, is amended to read:
16.4 		Subd. 2.Appointing authority; powers and duties. Election judges for precincts 
16.5 	in a municipality shall be appointed by the governing body of the municipality. Election 
16.6 	judges for precincts in unorganized territory and for performing election-related duties 
16.7 	assigned by the county auditor shall be appointed by the county board. Election judges for 
16.8 	a precinct composed of two or more municipalities must be appointed by the governing 
16.9 	body of the municipality or municipalities responsible for appointing election judges 
16.10 	as provided in the agreement to combine for election purposes. Except as otherwise 
16.11 	provided in this section, appointments shall be made from lists furnished pursuant to 
16.12 	subdivision 1 subject to the eligibility requirements and other qualifications established 
16.13 	or authorized under section 204B.19. At least two election judges in each precinct must 
16.14 	be affiliated with different major political parties. If no lists have been furnished or if 
16.15 	additional election judges are required after all listed names in that municipality have 
16.16 	been exhausted, the appointing authority may appoint other individuals who meet the 
16.17 	qualifications to serve as an election judge, including persons who are not affiliated with a 
16.18 	major political party. The appointments shall be made at least 25 days before the election 
16.19 	at which the election judges will serve, except that the appointing authority may pass a 
16.20 	resolution authorizing the appointment of additional election judges within the 25 days 
16.21 	before the election if the appointing authority determines that additional election judges 
16.22 	will be required. Notwithstanding any other provision of law, an individual serving only as 
16.23 	an election judge, is not an employee of a school district, regardless of whether an office 
16.24 	of the school district appears on the ballot in the precinct at the election.

16.25 	Sec. 24. Minnesota Statutes 2010, section 204C.10, is amended to read:
16.26 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
16.27 	REGISTRATION.
16.28 		Subdivision 1.Polling place roster. (a) In precincts using paper rosters, an 
16.29 	individual seeking to vote shall sign a polling place roster which states that the individual 
16.30 	is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 
16.31 	days immediately preceding the election, maintains residence at the address shown, is not 
16.32 	under a guardianship in which the court order revokes the individual's right to vote, has 
16.33 	not been found by a court of law to be legally incompetent to vote or has the right to vote 
16.34 	because, if the individual was convicted of a felony, the felony sentence has expired or 
17.1 	been completed or the individual has been discharged from the sentence, is registered 
17.2 	and has not already voted in the election. The roster must also state: "I understand that 
17.3 	deliberately providing false information is a felony punishable by not more than five years 
17.4 	imprisonment and a fine of not more than $10,000, or both." In precincts using electronic 
17.5 	rosters, an individual seeking to vote shall sign a printed voter's receipt generated from an 
17.6 	electronic roster that meets the standards provided in section 201.225, subdivision 2.
17.7 	(b) A judge may, Before the applicant signs the roster or a printed voter's receipt 
17.8 	generated from an electronic roster, a judge must: (1) require the voter to present a photo 
17.9 	identification document, as described in subdivision 2; and (2) confirm the applicant's 
17.10 	name, address, and date of birth. A voter who cannot produce sufficient identification as 
17.11 	required by subdivision 2 may not sign the polling place roster, but may cast a provisional 
17.12 	ballot, as provided in section 204C.135.
17.13 	(c) In precincts using paper rosters, after the applicant signs the roster, the judge 
17.14 	shall give the applicant a voter's receipt. In all precincts, the voter shall deliver the voter's 
17.15 	receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon 
17.16 	the judge shall hand to the voter the ballot. The voters' receipts must be maintained during 
17.17 	the time for notice of filing an election contest for 36 months following the date of the 
17.18 	election.
17.19 		Subd. 2.Photo identification. (a) To satisfy the photo identification requirement in 
17.20 	subdivision 1, paragraph (b), a voter must present a valid form of one of the following 
17.21 	documents or sets of documents, issued to the voter:
17.22 	(1) a Minnesota driver's license, state identification card, or voter identification card 
17.23 	issued under section 171.07 that contains the voter's current address of residence in the 
17.24 	precinct;
17.25 	(2)(i) an original receipt for a new, renewed, or updated driver's license, state 
17.26 	identification card, or voter identification card issued to the voter under section 171.07 that 
17.27 	contains the voter's current address of residence in the precinct; and
17.28 	(ii) a driver's license, identification card, or a voter identification card that is expired, 
17.29 	invalidated, or does not contain the voter's current address of residence in the precinct, 
17.30 	issued to the voter by the state of Minnesota or any other state of the United States as 
17.31 	defined in section 645.44, subdivision 11;
17.32 	(3) an identification card issued by the tribal government of a tribe recognized 
17.33 	by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's 
17.34 	current address of residence in the precinct, and any other items of data required to be 
17.35 	contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, 
17.36 	paragraphs (a) and (b); or
18.1 	(4) if the voter resides in a residential facility located in the precinct, a driver's 
18.2 	license or identification card issued to the voter by the Department of Public Safety that 
18.3 	contains the voter's photograph along with a certification of residence in the facility, 
18.4 	signed by the facility administrator on a form prescribed by the secretary of state.
18.5 	(b) As used in this subdivision, "residential facility" means transitional housing as 
18.6 	defined in section 256E.33, subdivision 1; a supervised living facility licensed by the 
18.7 	commissioner of health under section 144.50, subdivision 6; a nursing home as defined in 
18.8 	section 144A.01, subdivision 5; a residence registered with the commissioner of health 
18.9 	as a housing with services establishment as defined in section 144D.01, subdivision 4; 
18.10 	a veterans home operated by the commissioner of veterans affairs under chapter 198; 
18.11 	a residence licensed by the commissioner of human services to provide a residential 
18.12 	program as defined in section 245A.02, subdivision 14; a residential facility for persons 
18.13 	with a developmental disability licensed by the commissioner of human services under 
18.14 	section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a 
18.15 	shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised 
18.16 	publicly or privately operated shelter or dwelling designed to provide temporary living 
18.17 	accommodations for the homeless.
18.18 	(c) An identification card presented under this section by a voter who is a judge, law 
18.19 	enforcement officer, or corrections officer is not deficient for a lack of the voter's current 
18.20 	address of residence in the precinct if the identification card contains the mailing address 
18.21 	of the voter and that matches the address listed on the polling place roster.

18.22 	Sec. 25. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
18.23 		Subd. 3.Determination of residence. In determining the legal residence of a 
18.24 	challenged individual, the election judges shall be governed by the principles contained in 
18.25 	section 200.031. If the challenged individual's answers to the questions show ineligibility 
18.26 	to vote in that precinct, the individual shall not be allowed to vote. If the individual has 
18.27 	marked ballots but not yet deposited them in the ballot boxes before the election judges 
18.28 	determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
18.29 	with the spoiled ballots. If the answers to the questions fail to show that the individual is 
18.30 	not eligible to vote in that precinct and the challenge is not withdrawn, the election judges 
18.31 	shall verbally administer the oath on the voter certificate to the individual. After taking the 
18.32 	oath and completing and signing the voter certificate, the challenged individual shall be 
18.33 	allowed to vote permit the voter to cast a provisional ballot, in the manner provided in 
18.34 	section 204C.135. 

19.1 	Sec. 26. [204C.135] PROVISIONAL BALLOTS.
19.2 		Subdivision 1.Casting of provisional ballots. (a) The following voters seeking to 
19.3 	vote are entitled to cast a provisional ballot in the manner provided by this section:
19.4 	(1) a voter who is unable to provide proper photo identification as required by 
19.5 	section 204C.10;
19.6 	(2) a voter whose registration status is listed as "challenged" on the polling place 
19.7 	roster and who has not proven the voter's eligibility to vote in the precinct; and
19.8 	(3) a voter whose eligibility to vote is challenged in the polling place and who is 
19.9 	unable to overcome the challenge as permitted by section 204C.12.
19.10 	(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster 
19.11 	and complete a provisional ballot envelope. The envelope must contain a space for the 
19.12 	voter to list the voter's name, address of residence, date of birth, voter identification 
19.13 	number, and any other information prescribed by the secretary of state. The voter must 
19.14 	also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 
19.15 	in the same election, and meets the criteria for registering to vote in the precinct in which 
19.16 	the voter appears.
19.17 	Once the voter has completed the provisional ballot envelope, the voter must be 
19.18 	allowed to cast a provisional ballot. The provisional ballot must be the same as the official 
19.19 	ballot available in the precinct on election day. A completed provisional ballot shall be 
19.20 	sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's 
19.21 	provisional ballot envelope and deposited by the voter in a secure, sealed provisional 
19.22 	ballot box. Completed provisional ballots may not be combined with other voted ballots 
19.23 	in the polling place.
19.24 	(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by 
19.25 	the secretary of state. The provisional ballot envelope must be a color other than that 
19.26 	provided for absentee ballot envelopes and must be prominently labeled "Provisional 
19.27 	Ballot Envelope."
19.28 	(d) Provisional ballots and related documentation shall be delivered to and securely 
19.29 	maintained by the county auditor or municipal clerk in the same manner as required for 
19.30 	other election materials under sections 204C.27 to 204C.28.
19.31 		Subd. 2.Counting provisional ballots. (a) A voter who casts a provisional ballot in 
19.32 	the polling place may personally appear before the county auditor or municipal clerk no 
19.33 	later than seven calendar days following the election to prove that the voter's provisional 
19.34 	ballot should be counted. The county auditor or municipal clerk must count a provisional 
19.35 	ballot in the final certified results from the precinct if:
20.1 	(1) the statewide voter registration system indicates that the voter is eligible to 
20.2 	vote or, if challenged, the county auditor or municipal clerk does not, based upon 
20.3 	available records and any documentation presented by the voter, conclude that the voter is 
20.4 	ineligible; and
20.5 	(2) the voter presents proof of identity and residence in the precinct in the manner 
20.6 	permitted by section 200.035.
20.7 	(b) If a voter does not appear before the county auditor or municipal clerk within 
20.8 	seven calendar days following the election or otherwise does not satisfy the requirements 
20.9 	of paragraph (a), or if the data listed on the items of identification presented by the voter 
20.10 	does not match the data submitted by the voter on the provisional ballot envelope, the 
20.11 	voter's provisional ballot must not be counted.
20.12 	(c) The county auditor or municipal clerk must notify, in writing, any provisional 
20.13 	voter who does not appear within seven calendar days of the election that the voter's 
20.14 	provisional ballot was not counted because of the voter's failure to appear before the 
20.15 	county auditor or municipal clerk within the time permitted by law to determine whether 
20.16 	the provisional ballot should be counted.
20.17 		Subd. 3.Provisional ballots; reconciliation. Prior to counting any provisional 
20.18 	ballots in the final vote totals from a precinct, the county auditor must verify that the 
20.19 	number of signatures appearing on the provisional ballot roster from that precinct is equal 
20.20 	to the number of provisional ballots submitted by voters in the precinct on election day. 
20.21 	Any discrepancy must be resolved before the provisional ballots from the precinct may 
20.22 	be counted. Excess provisional ballots must be randomly withdrawn in the manner 
20.23 	required by section 204C.20, subdivision 2, after the period for a voter to appear to prove 
20.24 	residence and identity has expired and the ballots to be counted have been separated from 
20.25 	the provisional ballot envelopes.

20.26 	Sec. 27. Minnesota Statutes 2010, section 204C.14, is amended to read:
20.27 	204C.14 UNLAWFUL VOTING; PENALTY.
20.28 	No individual shall intentionally:
20.29 	(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot 
20.30 	in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be 
20.31 	counted, or attempting to vote by means of a voting machine or electronic voting system;
20.32 	(b) vote more than once at the same election;
20.33 	(c) put a ballot in a ballot box for any illegal purpose;
20.34 	(d) give more than one ballot of the same kind and color to an election judge to 
20.35 	be placed in a ballot box;
21.1 	(e) aid, abet, counsel or procure another to go into any precinct for the purpose 
21.2 	of voting in that precinct, knowing that the other individual is not eligible to vote in 
21.3 	that precinct; or
21.4 	(f) aid, abet, counsel or procure another to do any act in violation of this section.
21.5 	A violation of this section is a felony.

21.6 	Sec. 28. Minnesota Statutes 2010, section 204C.32, is amended to read:
21.7 	204C.32 CANVASS OF STATE PRIMARIES.
21.8 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
21.9 	county auditor's office on the third eighth day following the state primary. After taking the 
21.10 	oath of office, the canvassing board shall publicly canvass the election returns delivered 
21.11 	to the county auditor. The board shall complete the canvass on the third eighth day 
21.12 	following the state primary and shall promptly prepare and file with the county auditor 
21.13 	a report that states:
21.14 	(a) the number of individuals voting at the election in the county, and in each 
21.15 	precinct;
21.16 	(b) the number of individuals registering to vote on election day and the number of 
21.17 	individuals registered before election day in each precinct;
21.18 	(c) for each major political party, the names of the candidates running for each 
21.19 	partisan office and the number of votes received by each candidate in the county and in 
21.20 	each precinct;
21.21 	(d) the names of the candidates of each major political party who are nominated; and
21.22 	(e) the number of votes received by each of the candidates for nonpartisan office in 
21.23 	each precinct in the county and the names of the candidates nominated for nonpartisan 
21.24 	office.
21.25 	Upon completion of the canvass, the county auditor shall mail or deliver a notice of 
21.26 	nomination to each nominee for county office voted for only in that county. The county 
21.27 	auditor shall transmit one of the certified copies of the county canvassing board report 
21.28 	for state and federal offices to the secretary of state by express mail or similar service 
21.29 	immediately upon conclusion of the county canvass. The secretary of state shall mail a 
21.30 	notice of nomination to each nominee for state or federal office.
21.31 		Subd. 2.State canvass. The State Canvassing Board shall meet at the Secretary of 
21.32 	State's Office seven 14 days after the state primary to canvass the certified copies of the 
21.33 	county canvassing board reports received from the county auditors. Immediately after 
21.34 	the canvassing board declares the results, the secretary of state shall certify the names of 
22.1 	the nominees to the county auditors. The secretary of state shall mail to each nominee 
22.2 	a notice of nomination.

22.3 	Sec. 29. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
22.4 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
22.5 	county auditor's office between the third eighth and tenth 14th days following the state 
22.6 	general election. After taking the oath of office, the board shall promptly and publicly 
22.7 	canvass the general election returns delivered to the county auditor. Upon completion of 
22.8 	the canvass, the board shall promptly prepare and file with the county auditor a report 
22.9 	which states:
22.10 	(a) the number of individuals voting at the election in the county and in each precinct;
22.11 	(b) the number of individuals registering to vote on election day and the number of 
22.12 	individuals registered before election day in each precinct;
22.13 	(c) the names of the candidates for each office and the number of votes received by 
22.14 	each candidate in the county and in each precinct;
22.15 	(d) the number of votes counted for and against a proposed change of county lines 
22.16 	or county seat; and
22.17 	(e) the number of votes counted for and against a constitutional amendment or other 
22.18 	question in the county and in each precinct.
22.19 	The result of write-in votes cast on the general election ballots must be compiled by 
22.20 	the county auditor before the county canvass, except that write-in votes for a candidate for 
22.21 	federal, state, or county office must not be counted unless the candidate has timely filed a 
22.22 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
22.23 	municipality to provide an adequate number of election judges to perform this duty or the 
22.24 	county auditor may appoint additional election judges for this purpose. The county auditor 
22.25 	may open the envelopes or containers in which the voted ballots have been sealed in order 
22.26 	to count and record the write-in votes and must reseal the voted ballots at the conclusion 
22.27 	of this process. The county auditor must prepare a separate report of votes received by 
22.28 	precinct for write-in candidates for federal, state, and county offices who have requested 
22.29 	under section 204B.09 that votes for those candidates be tallied.
22.30 	Upon completion of the canvass, the county canvassing board shall declare the 
22.31 	candidate duly elected who received the highest number of votes for each county and state 
22.32 	office voted for only within the county. The county auditor shall transmit a certified 
22.33 	copy of the county canvassing board report for state and federal offices to the secretary 
22.34 	of state by messenger, express mail, or similar service immediately upon conclusion of 
22.35 	the county canvass.

23.1 	Sec. 30. Minnesota Statutes 2010, section 204C.37, is amended to read:
23.2 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
23.3 	STATE.
23.4 	A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, 
23.5 	subdivision 1, shall be certified under the official seal of the county auditor. The copy shall 
23.6 	be enclosed in an envelope addressed to the secretary of state, with the county auditor's 
23.7 	name and official address and the words "Election Returns" endorsed on the envelope. 
23.8 	The copy of the canvassing board report and the precinct summary statements must be 
23.9 	sent by express mail or delivered to the secretary of state. If the copy is not received by 
23.10 	the secretary of state within ten days following the applicable election a primary election, 
23.11 	or within 16 days following a general election, the secretary of state shall immediately 
23.12 	notify the county auditor, who shall deliver another copy to the secretary of state by 
23.13 	special messenger.

23.14 	Sec. 31. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
23.15 		Subd. 5.Results. The municipal primary shall be conducted and the returns made in 
23.16 	the manner provided for the state primary so far as practicable. On the third eighth day 
23.17 	after the primary, the governing body of the municipality shall canvass the returns, and the 
23.18 	two candidates for each office who receive the highest number of votes, or a number of 
23.19 	candidates equal to twice the number of individuals to be elected to the office, who receive 
23.20 	the highest number of votes, shall be the nominees for the office named. Their names shall 
23.21 	be certified to the municipal clerk who shall place them on the municipal general election 
23.22 	ballot without partisan designation and without payment of an additional fee.

23.23 	Sec. 32. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
23.24 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
23.25 	Between the third eighth and tenth 14th days after an election, the governing body of a 
23.26 	city conducting any election including a special municipal election, or the governing body 
23.27 	of a town conducting the general election in November shall act as the canvassing board, 
23.28 	canvass the returns, and declare the results of the election. The governing body of a town 
23.29 	conducting the general election in March shall act as the canvassing board, canvass the 
23.30 	returns, and declare the results of the election within two ten days after an election.
23.31 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
23.32 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
23.33 	not be issued until the outcome of the contest has been determined by the proper court.
24.1 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
24.2 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
24.3 	certify the results of the election to the county auditor, and the clerk shall be the final 
24.4 	custodian of the ballots and the returns of the election.

24.5 	Sec. 33. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
24.6 		Subd. 4.Results. The school district primary must be conducted and the returns 
24.7 	made in the manner provided for the state primary as far as practicable. On the third eighth
24.8 	day after the primary, the school board of the school district shall canvass the returns, 
24.9 	and the two candidates for each specified school board position who receive the highest 
24.10 	number of votes, or a number of candidates equal to twice the number of individuals to be 
24.11 	elected to at-large school board positions who receive the highest number of votes, are 
24.12 	the nominees for the office named. Their names must be certified to the school district 
24.13 	clerk who shall place them on the school district general election ballot without partisan 
24.14 	designation and without payment of an additional fee.

24.15 	Sec. 34. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
24.16 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Between 
24.17 	the third eighth and tenth 14th days after a school district election other than a recount of a 
24.18 	special election conducted under section 126C.17, subdivision 9, or 475.59, the school 
24.19 	board shall canvass the returns and declare the results of the election. After the time for 
24.20 	contesting elections has passed, the school district clerk shall issue a certificate of election 
24.21 	to each successful candidate. If there is a contest, the certificate of election to that office 
24.22 	must not be issued until the outcome of the contest has been determined by the proper 
24.23 	court. If there is a tie vote, the school board shall determine the result by lot. The clerk 
24.24 	shall deliver the certificate of election to the successful candidate by personal service or 
24.25 	certified mail. The successful candidate shall file an acceptance and oath of office in 
24.26 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
24.27 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
24.28 	but that filing may be made at any time before action to fill the vacancy has been taken. 
24.29 	The school district clerk shall certify the results of the election to the county auditor, and 
24.30 	the clerk shall be the final custodian of the ballots and the returns of the election.
24.31 	A school district canvassing board shall perform the duties of the school board 
24.32 	according to the requirements of this subdivision for a recount of a special election 
24.33 	conducted under section 126C.17, subdivision 9, or 475.59.

25.1 	Sec. 35. PUBLIC EDUCATION CAMPAIGN.
 25.2 	The commissioner of administration shall contract for the production and 
25.3 	implementation of a statewide public educational campaign related to the voter 
25.4 	identification requirements of this article.  The campaign must inform voters of the 
25.5 	requirements for identification when voting, methods of securing sufficient identification, 
25.6 	including securing a free voter identification card if necessary, and the process for 
25.7 	provisional balloting for voters unable to meet the identification requirements on election 
25.8 	day.  The secretary of state may consult with the vendor in coordinating material related 
25.9 	to the campaign, but the secretary, the secretary's staff, and any other documents or 
25.10 	materials promoting the office of the secretary of state may not appear visually or audibly 
25.11 	in any advertising or promotional items disseminated by the vendor as part of the public 
25.12 	education campaign.

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

25.14 	Sec. 36. EFFECTIVE DATE.
 25.15 	Except where otherwise provided, this article is effective June 1, 2012, and applies 
25.16 	to elections held on or after that date.

25.17 	ARTICLE 2
25.18 	ELECTION ADMINISTRATION AND INTEGRITY

25.19 	Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to 
25.20 	read:
25.21 		Subd. 2.Residential housing list. All postsecondary institutions that enroll students 
25.22 	accepting state or federal financial aid may prepare a current list of students enrolled in the 
25.23 	institution and residing in the institution's housing or within ten miles of the institution's 
25.24 	campus. The list shall include each student's current address and note any student on the 
25.25 	list known to not be a United States citizen. The list shall be certified and sent to the 
25.26 	appropriate county auditor or auditors, in an electronic format approved by the secretary of 
25.27 	state, for use in election day registration as provided under section 201.061, subdivision 3. 
25.28 	A residential housing list provided under this subdivision may not be used or disseminated 
25.29 	by a county auditor or the secretary of state for any other purpose.

25.30 	Sec. 2. Minnesota Statutes 2010, section 201.021, is amended to read:
25.31 	201.021 PERMANENT REGISTRATION SYSTEM.
26.1 	A permanent system of voter registration by county is established, with a single, 
26.2 	official, centralized, interactive computerized statewide voter registration list defined, 
26.3 	maintained, and administered at the state level that contains the name and registration 
26.4 	information of every legally registered voter in the state, and assigns a unique identifier 
26.5 	to each legally registered voter in the state. The unique identifier shall be permanently 
26.6 	assigned to the voter and may not be changed or reassigned to another voter. The 
26.7 	interactive computerized statewide voter registration list constitutes the official list of every 
26.8 	legally registered voter in the state. The county auditor shall be chief registrar of voters 
26.9 	and the chief custodian of the official registration records in each county. The secretary of 
26.10 	state is responsible for defining, maintaining, and administering the centralized system.

26.11 	Sec. 3. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
26.12 		Subdivision 1.Establishment. The secretary of state shall maintain a statewide 
26.13 	voter registration system to facilitate voter registration and to provide a central database 
26.14 	containing voter registration information from around the state. The system must be 
26.15 	accessible to the county auditor of each county in the state. The system must also:
26.16 	(1) provide for voters to submit their voter registration applications to any county 
26.17 	auditor, the secretary of state, or the Department of Public Safety;
26.18 	(2) provide for the definition, establishment, and maintenance of a central database 
26.19 	for all voter registration information;
26.20 	(3) provide for entering data into the statewide registration system;
26.21 	(4) provide for electronic transfer of completed voter registration applications from 
26.22 	the Department of Public Safety to the secretary of state or the county auditor;
26.23 	(5) assign a unique, permanent identifier to each legally registered voter in the state;
26.24 	(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 
26.25 	state identification number, voter identification card number, and last four digits of the 
26.26 	Social Security number for each voter record;
26.27 	(7) coordinate with other agency databases within the state;
26.28 	(8) allow county auditors and the secretary of state to add or modify information in 
26.29 	the system to provide for accurate and up-to-date records;
26.30 	(9) allow county auditors, municipal and school district clerks, and the secretary 
26.31 	of state to have electronic access to the statewide registration system for review and 
26.32 	search capabilities;
26.33 	(10) provide security and protection of all information in the statewide registration 
26.34 	system and ensure that unauthorized access is not allowed;
26.35 	(11) provide access to municipal clerks to use the system;
27.1 	(12) provide a system for each county to identify the precinct to which a voter 
27.2 	should be assigned for voting purposes;
27.3 	(13) provide daily reports accessible by county auditors on the driver's license 
27.4 	numbers, state identification numbers, voter identification card numbers, or last four digits 
27.5 	of the Social Security numbers submitted on voter registration applications that have been 
27.6 	verified as accurate by the secretary of state; and
27.7 	(14) provide reports on the number of absentee ballots transmitted to and returned 
27.8 	and cast by voters under section 203B.16; and
27.9 	(15) provide reports on individuals who are not registered and reported to be 
27.10 	ineligible to vote, to the extent permitted by federal law. 
27.11 	The appropriate state or local official shall provide security measures to prevent 
27.12 	unauthorized access to the computerized list established under section 201.021. 

27.13 	Sec. 4. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
27.14 		Subd. 4.Registration by election judges; procedures. Registration at the polling 
27.15 	place on election day shall be conducted by the election judges. Before registering an 
27.16 	individual to vote at the polling place, the election judge must review any list of absentee 
27.17 	election day registrants provided by the county auditor or municipal clerk to see if the 
27.18 	person has already voted by absentee ballot. If the person's name appears on the list, the 
27.19 	election judge must not allow the individual to register or to vote in the polling place. 
27.20 	The election judges shall also review the list of individuals reported to be ineligible to 
27.21 	vote using the electronic roster, or a paper list provided by the county auditor or municipal 
27.22 	clerk. If an individual is on the challenged eligibility list maintained by the secretary 
27.23 	of state, the elections official shall comply with section 201.197. The election judge 
27.24 	who registers an individual at the polling place on election day shall not handle that 
27.25 	voter's ballots at any time prior to the opening of the ballot box after the voting ends. 
27.26 	Registration applications and forms for oaths shall be available at each polling place. 
27.27 	If an individual who registers on election day proves residence by oath of a registered 
27.28 	voter, the form containing the oath shall be attached to the individual's registration 
27.29 	application. Registration applications completed on election day shall be forwarded to the 
27.30 	county auditor who shall add the name of each voter to the registration system unless the 
27.31 	information forwarded is substantially deficient. A county auditor who finds an election 
27.32 	day registration substantially deficient shall give written notice to the individual whose 
27.33 	registration is found deficient. An election day registration shall not be found deficient 
27.34 	solely because the individual who provided proof of residence was ineligible to do so.

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

28.7 	Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
28.8 		Subd. 3.Deficient registration. No voter registration application is deficient if it 
28.9 	contains the voter's name, address, date of birth, current and valid Minnesota driver's 
28.10 	license number or, Minnesota state identification number, voter identification card 
28.11 	number, or if the voter has no current and valid Minnesota driver's license or number,
28.12 	Minnesota state identification number, or voter identification card number, the last four 
28.13 	digits of the voter's Social Security number, if the voter has been issued a Social Security 
28.14 	number, prior registration, if any, and signature. The absence of a zip code number does 
28.15 	not cause the registration to be deficient. Failure to check a box on an application form 
28.16 	that a voter has certified to be true does not cause the registration to be deficient. The 
28.17 	election judges shall request an individual to correct a voter registration application if it is 
28.18 	deficient or illegible. No eligible voter may be prevented from voting unless the voter's 
28.19 	registration application is deficient or the voter is duly and successfully challenged in 
28.20 	accordance with section 201.195 or 204C.12.
28.21 	A voter registration application accepted prior to August 1, 1983, is not deficient for 
28.22 	lack of date of birth. The county or municipality may shall attempt to obtain the date of 
28.23 	birth for a voter registration application accepted prior to August 1, 1983, by a request to 
28.24 	the voter at any time except at the polling place. Failure by the voter to comply with this 
28.25 	request does not make the registration deficient.
28.26 	A voter registration application accepted before January 1, 2004, is not deficient for 
28.27 	lack of a valid Minnesota driver's license or state identification number, voter identification 
28.28 	card number, or the last four digits of a Social Security number. A voter registration 
28.29 	application submitted by a voter who does not have a Minnesota driver's license or state 
28.30 	identification number, voter identification card number, or a Social Security number, is not 
28.31 	deficient for lack of any of these numbers.

28.32 	Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
28.33 	201.081 REGISTRATION FILES.
29.1 	The statewide registration system is the official record of registered voters. The voter 
29.2 	registration applications and the terminal providing access to the statewide registration 
29.3 	system must be under the control of the county auditor or the public official to whom the 
29.4 	county auditor has delegated the responsibility for maintaining voter registration records. 
29.5 	The voter registration applications and terminals providing access to the statewide 
29.6 	registration system must not be removed from the control of the county auditor except 
29.7 	as provided in this section. The county auditor may make photographic copies of voter 
29.8 	registration applications in the manner provided by section 138.17.
29.9 	A properly completed voter registration application that has been submitted to the 
29.10 	secretary of state or a county auditor must be maintained by the secretary of state or 
29.11 	the county auditor for at least 22 36 months after the date that the information on the 
29.12 	application is entered into the database of the statewide registration system. The secretary 
29.13 	of state or the county auditor may dispose of the applications after retention for 22 36
29.14 	months in the manner provided by section 138.17.

29.15 	Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
29.16 		Subdivision 1.Entry of registration information. (a) At the time a voter 
29.17 	registration application is properly completed, submitted, and received in accordance with 
29.18 	sections 201.061 and 201.071, the county auditor shall enter the information contained on 
29.19 	it into the statewide registration system. Voter registration applications completed before 
29.20 	election day must be entered into the statewide registration system within ten days after 
29.21 	they have been submitted to the county auditor. Voter registration applications completed 
29.22 	on election day must be entered into the statewide registration system within 42 days after 
29.23 	the election, unless the county auditor notifies the secretary of state before the 42-day 
29.24 	deadline has expired that the deadline will not be met. 
29.25 	(b) Upon receiving a completed voter registration application, the secretary of state 
29.26 	may electronically transmit the information on the application to the appropriate county 
29.27 	auditor as soon as possible for review by the county auditor before final entry into the 
29.28 	statewide registration system. The secretary of state may mail the voter registration 
29.29 	application to the county auditor.
29.30 	(c) Within ten days after the county auditor has entered information from a voter 
29.31 	registration application into the statewide registration system, the secretary of state shall 
29.32 	compare the voter's name, date of birth, and driver's license number, state identification 
29.33 	number, voter identification card number, or the last four digits of the Social Security 
29.34 	number with the same information contained in the Department of Public Safety database.
30.1 	(d) The secretary of state shall provide a report to the county auditor on a weekly 
30.2 	basis that includes a list of voters whose name, date of birth, or identification number have 
30.3 	been compared with the same information in the Department of Public Safety database 
30.4 	and cannot be verified as provided in this subdivision. The report must list separately 
30.5 	those voters who have submitted a voter registration application by mail and have not 
30.6 	voted in a federal election in this state.
30.7 	(e) The county auditor shall compile a list of voters for whom the county auditor 
30.8 	and the secretary of state are unable to conclude that information on the voter registration 
30.9 	application and the corresponding information in the Department of Public Safety database 
30.10 	relate to the same person.
30.11 	(f) The county auditor shall send a notice of incomplete registration to any voter 
30.12 	whose name appears on the list and change the voter's status to "incomplete." A voter who 
30.13 	receives a notice of incomplete registration from the county auditor may either provide 
30.14 	the information required to complete the registration at least 21 days before the next 
30.15 	election or at the polling place on election day.

30.16 	Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
30.17 		Subd. 3.Postelection sampling. Within ten days after an election, the county 
30.18 	auditor shall send the notice required by subdivision 2 to a random sampling of the 
30.19 	individuals registered on election day. The random sampling shall be determined in 
30.20 	accordance with the rules of the secretary of state. As soon as practicable after the 
30.21 	election, but no later than January 1 of the following year, the county auditor shall mail 
30.22 	the notice required by subdivision 2 to all other individuals registered on election day. 
30.23 	If a notice is returned as not deliverable, the county auditor shall attempt to determine 
30.24 	the reason for the return. A county auditor who does not receive or obtain satisfactory 
30.25 	proof of an individual's eligibility to vote shall immediately notify the county attorney of 
30.26 	all of the relevant information and the secretary of state of the numbers by precinct. By 
30.27 	March 1 of every odd-numbered year, the secretary of state shall report to the chair and 
30.28 	ranking minority members of the legislative committees with jurisdiction over elections 
30.29 	the number of notices reported under this subdivision to the secretary of state for the 
30.30 	previous state general election by county and precinct.

30.31 	Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:
30.32 	201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 
30.33 	REGISTRATION REMOVED.
31.1 	Within six weeks after every election, the county auditor shall post the voting 
31.2 	history for every person who voted in the election. After the close of the calendar year, the 
31.3 	secretary of state shall determine if any registrants have not voted during the preceding 
31.4 	four years. The secretary of state shall perform list maintenance by changing the status of 
31.5 	those registrants to "inactive" in the statewide registration system. The list maintenance 
31.6 	performed must be conducted in a manner that ensures that the name of each registered 
31.7 	voter appears in the official list of eligible voters in the statewide registration system. 
31.8 	A voter must not be removed from the official list of eligible voters unless the voter is 
31.9 	not eligible or is not registered to vote. List maintenance must include procedures for 
31.10 	eliminating duplicate names from the official list of eligible voters.
31.11 	The secretary of state shall also prepare a report to the county auditor containing the 
31.12 	names of all registrants whose status was changed to "inactive."
31.13 	Registrants whose status was changed to "inactive" must register in the manner 
31.14 	specified in section 201.054 before voting in any primary, special primary, general, school 
31.15 	district, or special election, as required by section 201.018.
31.16 	Although not counted in an election, a late or rejected absentee or mail ballot must 
31.17 	be considered a vote for the purpose of continuing registration under this section, but is 
31.18 	not considered voting history for the purpose of public information lists available under 
31.19 	section 201.091, subdivision 4.

31.20 	Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.
31.21 	(a) The secretary of state shall maintain an electronic database of individuals not 
31.22 	registered and who are reported to be ineligible to vote under section 201.014. The 
31.23 	database may be maintained as a module of the statewide voter registration system, if 
31.24 	permitted by federal law, or maintained as a separate database, and at a minimum must 
31.25 	include an individual's name, address of residence, date of birth, the reason the individual 
31.26 	is reported to be ineligible to vote and, if available, the individual's driver's license or state 
31.27 	identification card number, voter identification card number, or the last four digits of the 
31.28 	individual's Social Security number. Entries in the database shall be compiled using data 
31.29 	submitted to the secretary of state under this chapter.
31.30 	(b) An elections official processing a voter registration application must verify 
31.31 	whether the individual listed on the application is included in the database of individuals 
31.32 	reported to be ineligible to vote. If the individual is listed in the database, the voter 
31.33 	registration application may be accepted, but the voter's status must be listed as 
31.34 	"challenged." An election judge processing a voter registration application submitted by a 
31.35 	voter in a polling place on election day must verify the application using the electronic 
32.1 	roster, or if the polling place does not have an electronic roster, using a paper list provided 
32.2 	by the county auditor. A paper list used for verification in a polling place may be limited 
32.3 	to only those individuals reported to be residents of the county in which the precinct 
32.4 	is located.

32.5 	Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
32.6 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
32.7 	prescribe the form of polling place rosters that include the voter's name, address, date of 
32.8 	birth, school district number, and space for the voter's signature. The secretary of state 
32.9 	may prescribe additional election-related information to be placed on the polling place 
32.10 	rosters on an experimental basis for one state primary and general election cycle; the same 
32.11 	information may not be placed on the polling place roster for a second state primary and 
32.12 	general election cycle unless specified in this subdivision. The polling place roster must 
32.13 	be used to indicate whether the voter has voted in a given election. The secretary of state 
32.14 	shall prescribe procedures for transporting the polling place rosters to the election judges 
32.15 	for use on election day. The secretary of state shall prescribe the form for a county or 
32.16 	municipality to request the date of birth from currently registered voters. The county or 
32.17 	municipality shall not request the date of birth from currently registered voters by any 
32.18 	communication other than the prescribed form and the form must clearly indicate that a 
32.19 	currently registered voter does not lose registration status by failing to provide the date of 
32.20 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
32.21 	polling place rosters used on the date of election for 22 36 months following the election. 

32.22 	Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
32.23 		Subdivision 1.Application procedures. (a) Except as otherwise allowed by 
32.24 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 
32.25 	any election may be submitted at any time not less than one day before the day of that 
32.26 	election. The county auditor shall prepare absentee ballot application forms in the format 
32.27 	provided by the secretary of state and shall furnish them to any person on request. By 
32.28 	January 1 of each even-numbered year, the secretary of state shall make the forms to be 
32.29 	used available to auditors through electronic means. An application submitted pursuant to 
32.30 	this subdivision shall be in writing and shall be submitted to:
32.31 	(1) the county auditor of the county where the applicant maintains residence; or
32.32 	(2) the municipal clerk of the municipality, or school district if applicable, where 
32.33 	the applicant maintains residence.
33.1 	(b) An application shall be approved if it is timely received, signed and dated by the 
33.2 	applicant, and contains:
33.3 	(1) the applicant's name and residence and mailing addresses,;
33.4 	(2) the applicant's date of birth, and at least one of the following:;
33.5 	(3) the applicant's Minnesota driver's license number, Minnesota state identification 
33.6 	card number, or Minnesota voter identification card number; and
33.7 	(4) the last four digits of the applicant's Social Security number or a statement that 
33.8 	the applicant does not have a Social Security number.
33.9 	(1) the applicant's Minnesota driver's license number;
33.10 	(2) Minnesota state identification card number;
33.11 	(3) the last four digits of the applicant's Social Security number; or
33.12 	(4) a statement that the applicant does not have any of these numbers.
33.13 	To be approved, the application must state that the applicant is eligible to vote by 
33.14 	absentee ballot for one of the reasons specified in section 203B.02, and must contain an 
33.15 	oath that the information contained on the form is accurate, that the applicant is applying 
33.16 	on the applicant's own behalf, and that the applicant is signing the form under penalty 
33.17 	of perjury.
33.18 	Prior to approval, the county auditor or municipal clerk must verify that the 
33.19 	Minnesota driver's license number, state identification card number, or voter identification 
33.20 	card number submitted by an applicant is valid and assigned to that applicant. An 
33.21 	application that contains a driver's license or identification card number that is invalid or 
33.22 	not assigned to the applicant must be rejected. The county auditor or municipal clerk 
33.23 	must also verify that the applicant does not appear on any lists of reported ineligible 
33.24 	voters maintained by the county auditor or municipal clerk, or provided to the county 
33.25 	auditor or municipal clerk by the secretary of state. When verifying eligibility, the county 
33.26 	auditor or municipal clerk must use the same standards and process as used for individuals 
33.27 	appearing in the polling place on election day, except that an applicant is not required to 
33.28 	appear in person or present photo identification meeting the standards of section 204C.10, 
33.29 	subdivision 2.
33.30 	(c) An applicant's full date of birth, Minnesota driver's license or, state identification, 
33.31 	or voter identification card number, and the last four digits of the applicant's Social 
33.32 	Security number must not be made available for public inspection. An application may be 
33.33 	submitted to the county auditor or municipal clerk by an electronic facsimile device. An 
33.34 	application mailed or returned in person to the county auditor or municipal clerk on behalf 
33.35 	of a voter by a person other than the voter must be deposited in the mail or returned in 
33.36 	person to the county auditor or municipal clerk within ten days after it has been dated by 
34.1 	the voter and no later than six days before the election. The absentee ballot applications 
34.2 	or a list of persons applying for an absentee ballot may not be made available for public 
34.3 	inspection until the close of voting on election day.
34.4 	An application under this subdivision may contain an application under subdivision 
34.5 	5 to automatically receive an absentee ballot application.

34.6 	Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
34.7 		Subd. 2.Health care patient. An eligible voter who on the day before an election 
34.8 	becomes a resident or patient in a health care facility or hospital located in the municipality 
34.9 	in which the eligible voter maintains residence may apply for an absentee ballots ballot on 
34.10 	election day if the voter:
34.11 	(a) requests an application form by telephone from the municipal clerk by telephone
34.12 	not no later than 5:00 p.m. on the day before election day; or
34.13 	(b) submits an absentee ballot application to the election judges engaged in 
34.14 	delivering absentee ballots pursuant to section 203B.11.

34.15 	Sec. 15. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
34.16 		Subd. 5.Preservation of records. An application for absentee ballots shall be 
34.17 	dated by the county auditor or municipal clerk when it is received and shall be initialed 
34.18 	when absentee ballots are mailed or delivered to the applicant. All applications shall be 
34.19 	preserved by the county auditor or municipal clerk for 22 36 months.

34.20 	Sec. 16. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
34.21 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
34.22 	county, municipality, and school district with responsibility to accept and reject absentee 
34.23 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
34.24 	of a sufficient number of election judges trained in the handling of absentee ballots and 
34.25 	appointed as provided in sections 204B.19 to 204B.22. The board may include staff 
34.26 	trained as election judges.
34.27 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
34.28 	jurisdiction's ballot board for services rendered during an election.
34.29 	(c) A ballot board may only meet to perform its duties under this chapter during the 
34.30 	period in which completed absentee ballots are accepted for an election. The time and 
34.31 	place of each meeting must be scheduled, announced, and posted on the Web site of the 
34.32 	governing body of the county, municipality, or school district at least 14 days prior to 
34.33 	convening the first meeting of the ballot board for an election. If the governing body of 
35.1 	the county, municipality, or school district does not have a Web site, the time and place 
35.2 	of each meeting must be posted, in writing, on the principal bulletin board of the body. 
35.3 	Meetings of the ballot board must be convened at the same time and in the same location. 
35.4 	The ballot board must also meet on any day during which the county or municipal offices 
35.5 	are open for the purposes of conducting election business prior to an election. A ballot 
35.6 	board may not meet except during regularly scheduled meetings announced and posted as 
35.7 	required by this paragraph.
35.8 	(d) Except as otherwise provided by this section, all provisions of the Minnesota 
35.9 	Election Law apply to a ballot board.

35.10 	Sec. 17. Minnesota Statutes 2010, section 204B.40, is amended to read:
35.11 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
35.12 	DISPOSITION; INSPECTION OF BALLOTS.
35.13 	The county auditors, municipal clerks, and school district clerks shall retain all 
35.14 	election materials returned to them after any election for at least 22 36 months from 
35.15 	the date of that election. All election materials involved in a contested election must be 
35.16 	retained for 22 36 months or until the contest has been finally determined, whichever is 
35.17 	later. Abstracts filed by canvassing boards shall be retained permanently by any officer 
35.18 	with whom those abstracts are filed. Election materials no longer required to be retained 
35.19 	pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. 
35.20 	Sealed envelopes containing voted ballots must be retained unopened, except as provided 
35.21 	in this section, in a secure location. The county auditor, municipal clerk, or school district 
35.22 	clerk shall not permit any voted ballots to be tampered with or defaced.
35.23 	After the time for filing a notice of contest for an election has passed, the secretary 
35.24 	of state may, for the purpose of monitoring and evaluating election procedures: (1) 
35.25 	open the sealed ballot envelopes and inspect the ballots for that election maintained by 
35.26 	the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 
35.27 	place rosters and completed voter registration applications; or (3) examine other forms 
35.28 	required in the Minnesota election laws for use in the polling place. No inspected ballot or 
35.29 	document may be marked or identified in any manner. After inspection, all ballots must be 
35.30 	returned to the ballot envelope and the ballot envelope must be securely resealed. Any 
35.31 	other election materials inspected or examined must be secured or resealed. No polling 
35.32 	place roster may be inspected until the voting history for that precinct has been posted. 
35.33 	No voter registration application may be inspected until the information on it has been 
35.34 	entered into the statewide registration system.

36.1 	Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
36.2 		Subdivision 1.Determination of proper number. The election judges shall 
36.3 	determine the number of ballots to be counted by adding the number of return envelopes 
36.4 	from accepted absentee ballots to the number of signed voter's certificates, or to the 
36.5 	number of names entered in the election register counting the number of original voter 
36.6 	signatures contained in the polling place roster, or on voter's receipts generated from an 
36.7 	electronic roster. The election judges may not count the number of voter receipts collected 
36.8 	in the precinct as a substitute for counting original voter signatures unless the voter 
36.9 	receipts contain the name, voter identification number, and signature of the voter to whom 
36.10 	the receipt was issued. The election judges shall then remove all the ballots from the box. 
36.11 	Without considering how the ballots are marked, the election judges shall ascertain that 
36.12 	each ballot is separate and shall count them to determine whether the number of ballots in 
36.13 	the box corresponds with the number of ballots to be counted.

36.14 	Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
36.15 		Subd. 2.Excess ballots. If two or more ballots are found folded together like 
36.16 	a single ballot, the election judges shall lay them aside until all the ballots in the box 
36.17 	have been counted. If it is evident from the number of ballots to be counted that the 
36.18 	ballots folded together were cast by one voter, the election judges shall preserve but not 
36.19 	count them. If the number of ballots in one box exceeds the number to be counted, the 
36.20 	election judges shall examine all the ballots in the box to ascertain that all are properly 
36.21 	marked with the initials of the election judges. If any ballots are not properly marked with 
36.22 	the initials of the election judges, the election judges shall preserve but not count them; 
36.23 	however, if the number of ballots does not exceed the number to be counted, the absence 
36.24 	of either or both sets of initials of the election judges does not, by itself, disqualify the 
36.25 	vote from being counted and must not but may be the basis of a challenge in a recount. 
36.26 	If there is still an excess of properly marked ballots, the election judges shall replace 
36.27 	them in the box, and one election judge, without looking, shall withdraw from the box 
36.28 	a number of ballots equal to the excess. The withdrawn ballots shall not be counted but 
36.29 	shall be preserved as provided in subdivision 4.

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

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

37.11 	Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:
37.12 	204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
37.13 	(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election 
37.14 	judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and 
37.15 	returned as required by section 204C.25. 
37.16 	(b) A ballot that is defective to the extent that the election judges are unable to 
37.17 	determine the voter's intent shall be marked on the back "Defective" if it is totally 
37.18 	defective or "Defective as to ......," naming the office or question if it is defective only in 
37.19 	part. Defective ballots must be placed in an envelope designated for defective ballots from 
37.20 	the precinct, sealed, and returned as required by section 204C.25.
37.21 	(c) A damaged or defective ballot that requires duplication must be handled as 
37.22 	required by section 206.86, subdivision 5.

37.23 	Sec. 23. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
37.24 		Subdivision 1.Information requirements. Precinct summary statements shall be 
37.25 	submitted by the election judges in every precinct. For all elections, the election judges 
37.26 	shall complete three or more copies of the summary statements, and each copy shall 
37.27 	contain the following information for each kind of ballot:
37.28 	(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count 
37.29 	made by the election judges, the number of unofficial ballots made, and the number of 
37.30 	absentee ballots delivered to the precinct;
37.31 	(b) (2) the number of votes each candidate received or the number of yes and no 
37.32 	votes on each question, the number of undervotes, the number of overvotes, and the 
37.33 	number of defective ballots with respect to each office or question;
38.1 	(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the 
38.2 	number of absentee ballots rejected, and the number of unused ballots, presuming that the 
38.3 	total count provided on each package of unopened prepackaged ballots is correct;
38.4 	(4) the number of ballots cast;
38.5 	(d) (5) the number of individuals who voted at the election in the precinct voter 
38.6 	signatures contained on the polling place roster or on voter receipts generated by an 
38.7 	electronic roster, which must equal the total number of ballots cast in the precinct, as 
38.8 	required by sections 204C.20 and 206.86, subdivision 1;
38.9 	(6) the number of excess ballots removed by the election judges, as required by 
38.10 	section 204C.20;
38.11 	(e) (7) the number of voters registering on election day in that precinct; and
38.12 	(f) (8) the signatures of the election judges who counted the ballots certifying that 
38.13 	all of the ballots cast were properly piled, checked, and counted; and that the numbers 
38.14 	entered by the election judges on the summary statements correctly show the number of 
38.15 	votes cast for each candidate and for and against each question.
38.16 	At least two copies of the summary statement must be prepared for elections not 
38.17 	held on the same day as the state elections.

38.18 	Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
38.19 		Subdivision 1.At the voting location Precinct polling locations; duties; 
38.20 	reconciliation. In precincts where an electronic voting system is used, as soon as the polls 
38.21 	are closed the election judges shall secure the voting systems against further voting. They 
38.22 	shall then open the ballot box and count the number of ballot cards ballots or envelopes 
38.23 	containing ballot cardsballots that have been cast to determine that the number of ballot 
38.24 	cards ballots does not exceed the number of voters shown on original voter signatures 
38.25 	contained in the election register or registration file polling place roster or on voter receipts 
38.26 	generated from an electronic roster. The election judges may not count the number of 
38.27 	voter receipts collected in the precinct as a substitute for counting original voter signatures 
38.28 	unless the voter receipts contain the name, voter identification number, and signature of 
38.29 	the voter to whom the receipt was issued. If there is an excess, the judges shall seal the 
38.30 	ballots in a ballot container and transport the container to the county auditor or municipal 
38.31 	clerk who shall process the ballots in the same manner as paper ballots are processed in 
38.32 	section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the 
38.33 	manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total 
38.34 	number of voters must be entered on the forms provided. The judges shall next count the 
38.35 	write-in votes and enter the number of those votes on forms provided for the purpose. 

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

39.9 	Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
39.10 		Subdivision 1.Manner; time; contents. Service of a notice of contest must be 
39.11 	made in the same manner as the service of summons in civil actions. The notice of contest 
39.12 	must specify the grounds on which the contest will be made. The contestant shall serve 
39.13 	notice of the contest on the parties enumerated in this section. Notice must be served and 
39.14 	filed within five days after the canvass is completed in the case of a primary or special 
39.15 	primary or within seven days after the canvass is completed in the case of a special or 
39.16 	general election; except that:
39.17 	(1) if a contest is based on a deliberate, serious, and material violation of the election 
39.18 	laws which was discovered from the statements of receipts and disbursements required 
39.19 	to be filed by candidates and committees, the action may be commenced and the notice 
39.20 	served and filed within ten days after the filing of the statements in the case of a general 
39.21 	or special election or within five days after the filing of the statements in the case of a 
39.22 	primary or special primary.;
39.23 	(2) if a notice of contest questions only which party received the highest number 
39.24 	of votes legally cast at the election, a contestee who loses may serve and file a notice of 
39.25 	contest on any other ground during the three days following expiration of the time for 
39.26 	appealing the decision on the vote count; and
39.27 	(3) if data or documents necessary to determine grounds for a contest, including but 
39.28 	not limited to lists of the names of every voter who participated in an election, are not 
39.29 	available to a candidate or the general public prior to the close of the period for filing a 
39.30 	notice of contest under this section due to nonfeasance, malfeasance, or failure to perform 
39.31 	duties within the time required by statute on the part of the secretary of state, a county 
39.32 	auditor, or other state, county, or municipal election official, a notice of contest may be 
39.33 	served and filed within seven days after the data or documents become available for 
39.34 	inspection by the candidates and the general public.

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

40.17 	Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
40.18 		Subdivision 1.Soliciting near polling places. A person may not display campaign 
40.19 	material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 
40.20 	a polling place or within 100 feet of the building in which a polling place is situated, 
40.21 	or anywhere on the public property on which a polling place is situated, on primary or 
40.22 	election day to vote for or refrain from voting for a candidate or ballot question. A person 
40.23 	may not provide political badges, political buttons, or other political insignia to be worn at 
40.24 	or about the polling place on the day of a primary or election. A political badge, political 
40.25 	button, or other political insignia may not be worn at or about the polling place on primary 
40.26 	or election day if it is designed to influence voting for or against a particular candidate, 
40.27 	political party, or question on the ballot at the election. This section applies to areas 
40.28 	established by the county auditor or municipal clerk for absentee voting as provided in 
40.29 	chapter 203B.
40.30 	The secretary of state, county auditor, municipal clerk, or school district clerk may 
40.31 	provide stickers which contain the words "I VOTED" and nothing more. Election judges 
40.32 	may offer a sticker of this type to each voter who has signed the polling place roster
40.33 	or a voter's receipt.

40.34 	Sec. 29. PROPOSED LEGISLATION.
 41.1 	By January 15, 2012, the secretary of state must report to the chairs and ranking 
41.2 	minority members of the legislative committees responsible for elections proposed 
41.3 	legislation to amend matters currently contained in administrative rules as necessary 
41.4 	to implement or make specific this act. To the greatest extent practical, this proposed 
41.5 	legislation must propose codifying into law matters that otherwise would be enacted 
41.6 	through the administrative rulemaking process.
41.7 	To the extent that codifying matters into law is not practical, the proposed legislation 
41.8 	must direct, by law, specific changes to be made in administrative rules so that no 
41.9 	interpretation of the law by the secretary of state would be necessary, and use of the good 
41.10 	cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate 
41.11 	if the legislature authorizes use of this process.

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

41.14 	ARTICLE 3
41.15 	ELECTRONIC ROSTERS

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

41.22 	Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
41.23 		Subd. 3.Procedures for polling place rosters. The secretary of state shall 
41.24 	prescribe the form of polling place rosters that include the voter's name, address, date of 
41.25 	birth, school district number, and space for the voter's signature. A polling place roster 
41.26 	provided in an electronic form must allow for a printed voter's receipt that meets the 
41.27 	standards provided in section 201.225, subdivision 2. The secretary of state may prescribe 
41.28 	additional election-related information to be placed on the polling place rosters on an 
41.29 	experimental basis for one state primary and general election cycle; the same information 
41.30 	may not be placed on the polling place roster for a second state primary and general 
41.31 	election cycle unless specified in this subdivision. The polling place roster must be used 
41.32 	to indicate whether the voter has voted in a given election. The secretary of state shall 
41.33 	prescribe procedures for transporting the polling place rosters to the election judges 
42.1 	for use on election day. The secretary of state shall prescribe the form for a county or 
42.2 	municipality to request the date of birth from currently registered voters. The county or 
42.3 	municipality shall not request the date of birth from currently registered voters by any 
42.4 	communication other than the prescribed form and the form must clearly indicate that a 
42.5 	currently registered voter does not lose registration status by failing to provide the date of 
42.6 	birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 
42.7 	polling place rosters used on the date of election for 22 36 months following the election. 

42.8 	Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
42.9 		Subdivision 1.Certification of system. (a) A precinct may have a secure network 
42.10 	of two or more computer systems to serve as the precinct's electronic polling  place roster. 
42.11 	(b) Precincts may not use an electronic roster until the secretary of state has certified 
42.12 	that the system design and operational procedures are sufficient  to prevent any voter from 
42.13 	voting more than once at an election, and to prevent access to the system by unauthorized 
42.14 	individuals.
42.15 		Subd. 2.Minimum standards for electronic rosters. At a minimum, an electronic 
42.16 	roster must:
42.17 	(1) be preloaded with data from the statewide voter registration system, including 
42.18 	data on individuals reported to be ineligible to vote;
42.19 	(2) permit all voting information processed by any computer in a precinct to be 
42.20 	immediately accessible to all other computers in the precinct and to be transferred to the 
42.21 	statewide voter registration system on election night or no later than one week after the 
42.22 	election;
42.23 	(3) provide for a printed voter's receipt, containing the voter's name, address of 
42.24 	residence, date of birth, voter identification number as assigned by the secretary of state, 
42.25 	the oath required by section 204C.10, and a space for the voter's original signature; 
42.26 	(4) immediately alert the election judge if the electronic roster  indicates that a voter 
42.27 	has already voted at the election, is ineligible  to vote, does not reside in the precinct, or 
42.28 	the voter's registration status is challenged;
42.29 	(5) automatically accept and input data from a scanned Minnesota driver's license, 
42.30 	identification card, or voter identification card and match the data to an existing voter 
42.31 	registration record, and permit manual input of voter data, if necessary; and
42.32 	(6) perform any other functions required for the efficient and secure administration 
42.33 	of an election, as required by law.

42.34 	Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
43.1 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
43.2 	constitute at least one election precinct:
43.3 	(1) each city ward; and
43.4 	(2) each town and each statutory city.
43.5 	(b) A single, accessible, combined polling place may be established no later than 
43.6 	May 1 of any year:
43.7 	(1) for any city of the third or fourth class, any town, or any city having territory in 
43.8 	more than one county, in which all the voters of the city or town shall cast their ballots;
43.9 	(2) for two contiguous precincts in the same municipality that have a combined 
43.10 	total of fewer than 500 registered voters;
43.11 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
43.12 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
43.13 	(4) for noncontiguous precincts located in one or more counties.
43.14 	A copy of the ordinance or resolution establishing a combined polling place must 
43.15 	be filed with the county auditor within 30 days after approval by the governing body. A 
43.16 	polling place combined under clause (3) must be approved by the governing body of each 
43.17 	participating municipality. A polling place combined under clause (4) must be approved 
43.18 	by the governing body of each participating municipality and the secretary of state and 
43.19 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
43.20 	from participation in a combined polling place must do so by filing a resolution of 
43.21 	withdrawal with the county auditor no later than April 1 of any year.
43.22 	The secretary of state shall provide a separate polling place roster for each precinct 
43.23 	served by the combined polling place unless that precinct uses an electronic roster. A 
43.24 	single set of election judges may be appointed to serve at a combined polling place. The 
43.25 	number of election judges required must be based on the total number of persons voting 
43.26 	at the last similar election in all precincts to be voting at the combined polling place. 
43.27 	Separate ballot boxes must be provided for the ballots from each precinct. The results of 
43.28 	the election must be reported separately for each precinct served by the combined polling 
43.29 	place, except in a polling place established under clause (2) where one of the precincts has 
43.30 	fewer than ten registered voters, in which case the results of that precinct must be reported 
43.31 	in the manner specified by the secretary of state.

43.32 	Sec. 5. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
43.33 		Subd. 4.Refusal to answer questions or sign a polling place roster. A challenged 
43.34 	individual who refuses to answer questions or sign a polling place roster or voter's receipt
43.35 	as required by this section must not be allowed to vote. A challenged individual who 
44.1 	leaves the polling place and returns later willing to answer questions or sign a polling 
44.2 	place roster or voter's receipt must not be allowed to vote.

44.3 	Sec. 6. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
44.4 		Subd. 2.Voter registration. An individual may register to vote at a special primary 
44.5 	or special election at any time before the day that the polling place rosters for the special 
44.6 	primary or special election are prepared finally secured by the secretary of state for the 
44.7 	election. The secretary of state shall provide the county auditors with notice of this date 
44.8 	at least seven days before the printing of the rosters are secured. This subdivision does 
44.9 	not apply to a special election held on the same day as the state primary, state general 
44.10 	election, or the regularly scheduled primary or general election of a municipality, school 
44.11 	district, or special district.

44.12 	Sec. 7. [206A.01] APPLICABILITY.
44.13 	This chapter applies to each designated election official who administers electronic 
44.14 	roster systems for the purpose of conducting an election and compiling complete returns.

44.15 	Sec. 8. [206A.02] DEFINITIONS.
44.16 		Subdivision 1.Definitions. The definitions in this section apply to this chapter.
44.17 		Subd. 2.Designated election official. "Designated election official" means the 
44.18 	county auditor or municipal clerk.
44.19 		Subd. 3.Elector data. "Elector data" means voting information, including, but not 
44.20 	limited to, voter registration, voting history, and voting tabulations.
44.21 		Subd. 4.Electronic roster. "Electronic roster" is a list of eligible electors in 
44.22 	electronic format who are permitted to vote at a polling place in an election conducted 
44.23 	under the Minnesota Election Law, which shall be processed by a computer at a precinct 
44.24 	such that the resulting elector data is immediately accessible to all other computers in the 
44.25 	precinct and is transferred to the county for inclusion in the statewide voter registration 
44.26 	system no later than one week after the election.

44.27 	Sec. 9. [206A.03] MINIMUM CONTINGENCY AND SECURITY 
44.28 	PROCEDURES.
44.29 	(a) The designated election official shall establish written security procedures 
44.30 	covering the processing and transference of elector data. The procedures must  include:
45.1 	(1) security covering the transmission of elector data processed through the 
45.2 	electronic roster and reconciliation of the registration and history of voters casting ballots 
45.3 	in a precinct; and
45.4 	(2) contingency procedures for network and power failure. The procedures must, at 
45.5 	a minimum, include procedures to address all single point failures including:
45.6 	(i) network failure;
45.7 	(ii) power failure that lasts less than one hour; and
45.8 	(iii) power failure that lasts more than one hour.
45.9 	(b) Acceptable alternatives for addressing power or system failures include either:
45.10 	(1) a paper backup of the roster with the minimum information required to verify a 
45.11 	voter's eligibility; or
45.12 	(2) a sufficient number of computers per precinct to ensure that the voter check-in 
45.13 	continues in an efficient manner. The computers and all essential peripheral devices must 
45.14 	have the ability to function on  batteries or an external power source for up to two hours.
45.15 	(c) Each computer must have an electronic backup of the current roster in one of the 
45.16 	following formats:
45.17 	(1) a portable document file (PDF);
45.18 	(2) a spreadsheet; or
45.19 	(3) a database with a basic look-up interface. In addition to acceptable backup 
45.20 	roster procedures, the security procedures must  address contingency procedures to protect 
45.21 	against activities such as voting more than once.

45.22 	Sec. 10. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
45.23 	(a) The secretary of state shall ensure  that the county connection to the statewide 
45.24 	voter registration system is secure including details concerning encryption  methodology. 
45.25 	In addition, the connection must meet or exceed the standards provided  for in this section.
45.26 	(b) Proven, standard algorithms must be used as the basis for encryption 
45.27 	technologies.
45.28 	(c) If a connection utilizes a Virtual Private Network (VPN), the following  apply:
45.29 	(1) it is the responsibility of the county to ensure that unauthorized users are not 
45.30 	allowed access to internal networks;
45.31 	(2) VPN use is to be controlled using either a onetime password authentication such 
45.32 	as a token device or a public/private key system with a strong passphrase;
45.33 	(3) when actively connected to the network, VPNs must force all traffic to and from 
45.34 	the computer over the VPN tunnel and all other traffic must be dropped;
45.35 	(4) dual (split) tunneling is not permitted; only one network connection is allowed;
46.1 	(5) VPN gateways must be set up and managed by the county or its designee;
46.2 	(6) all computers connected to internal networks via VPN or any other technology 
46.3 	must use up-to-date antivirus software; and
46.4 	(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

46.5 	Sec. 11. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION 
46.6 	REQUIREMENTS.
46.7 	The designated election official shall ensure the electronic roster system complies 
46.8 	with the following response-time standards for any computer on the system:
46.9 	(1) a maximum of five seconds to update voter activity;
46.10 	(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; 
46.11 	and
46.12 	(3) a maximum of 45 seconds for session startup and password verification.

46.13 	Sec. 12. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING 
46.14 	PROCEDURES.
46.15 	(a) The designated election official shall test the electronic roster application to 
46.16 	ensure that it meets the  minimum system requirements prior to the first election in which 
46.17 	it is used. The  application must also be tested after the implementation of any system 
46.18 	modifications, including any change in the number of connected computers. The  county 
46.19 	shall indicate in the subsequent security plan whether such retesting has occurred.
46.20 	(b) The test must, at a minimum, include the following:
46.21 	(1) a load test must be demonstrated through either actual computers  running at 
46.22 	proposed bandwidth and security settings, or by simulating a load test;
46.23 	(2) a contingency/failure test must be demonstrated and documented illustrating the 
46.24 	effects of failures identified in section 206A.03; and
46.25 	(3) all tests must be conducted with clients and servers in normal, typical, deployed 
46.26 	operating mode.
46.27 	(c) All records and documentation of the testing must be retained by the designated 
46.28 	election official for a period of 36 months as part of the election record. The testing record 
46.29 	and documentation must include, but is not limited to, the following:
46.30 	(1) a formal test plan containing all test scripts used:
46.31 	(i) the test plan must include test environment containing make, model, type of 
46.32 	hardware, and software versions used in testing; and
46.33 	(ii) the test plan must also include the number of client computers, servers, and 
46.34 	physical locations involved in testing;
47.1 	(2) test logs of all events that were observed during testing, including:
47.2 	(i) the sequence of actions necessary to set up the tests;
47.3 	(ii) the actions necessary to start the tests;
47.4 	(iii) the actions taken during the execution of the tests;
47.5 	(iv) any measurements taken or observed during the tests;
47.6 	(v) any actions necessary to stop or shut down the tests;
47.7 	(vi) any actions necessary to bring the tests to a halt; and
47.8 	(vii) any actions necessary or taken to deal with anomalies experienced during 
47.9 	testing;
47.10 	(3) performance logs and reports taken from both servers and workstations during 
47.11 	the testing which contain performance information of:
47.12 	(i) network usage (bandwidth);
47.13 	(ii) processor utilization;
47.14 	(iii) Random Access Memory (RAM) utilization; and
47.15 	(iv) any additional performance monitoring reports necessary to explain the process 
47.16 	taken and to support the findings of the tests; and
47.17 	(4) all test logs must contain the date, time, operator, test status or outcome, and any 
47.18 	additional information to assist the secretary of state in making a determination.

47.19 	Sec. 13. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR 
47.20 	PRECINCTS OPTING TO USE ELECTRONIC ROSTERS.
47.21 	Counties opting to use electronic rosters in whole or in part shall allocate computers 
47.22 	to affected precincts based upon the total number of registered voters in each precinct 
47.23 	90 days preceding the primary election and historical statistics regarding election day 
47.24 	registrants. The minimum computers required shall be on site at each precinct. Precincts 
47.25 	employing electronic rosters shall be allocated a minimum of two computers.

47.26 	Sec. 14. [206A.08] WRITTEN PROCEDURES AND REPORTS.
47.27 	(a) Written procedures and reports required by this chapter must be submitted by a 
47.28 	county to the secretary of state for approval no later than 60 days before the election. The 
47.29 	secretary of state shall either approve the procedures as submitted or notify the designated 
47.30 	election official of recommended changes.
47.31 	(b) If the secretary of state rejects or approves the written procedures, the secretary 
47.32 	of state shall provide written notice of the rejection or approval, including specifics of 
47.33 	noncompliance with this chapter within 15 days of receiving the written procedures.
48.1 	(c) If the secretary of state rejects the written procedures, the designated election 
48.2 	official shall submit a revised procedure within 15 days.
48.3 	(d) The secretary of state shall permit the filing of the revised procedures at a later 
48.4 	date if it is determined that compliance with the 15-day requirement is impossible.

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

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

50.9 	Sec. 16. EFFECTIVE DATE.
 50.10 	Except where otherwise provided, this article is effective August 14, 2012, and 
50.11 	applies to elections held on or after that date.

50.12 	ARTICLE 4
50.13 	RECOUNTS

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

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

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

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

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

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

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

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

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

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

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

58.6 	Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
58.7 		Subdivision 1.Certification of results. The recount official shall present the 
58.8 	summary statement of the recount and any challenged ballots to the canvassing board. 
58.9 	The candidate or candidate's representative who made the challenge may present the 
58.10 	basis for the challenge to the canvassing board. The canvassing board shall rule on the 
58.11 	challenged ballots and incorporate the results into the summary statement. The canvassing 
58.12 	board shall certify the results of the recount. Challenged ballots must be returned to the 
58.13 	election official who has custody of the ballots.
58.14 		Subd. 2.Tie votes. In case of a tie vote for nomination or election to an office, the 
58.15 	canvassing board with the responsibility for declaring the results for that office shall 
58.16 	determine the tie by lot.

58.17 	Sec. 13. [204E.12] SECURITY DEPOSIT.
58.18 	When a bond, cash, or surety for recount expenses is required by section 204E.04 
58.19 	or 204E.05, the governing body or recount official shall set the amount of the security 
58.20 	deposit at an amount which will cover expected recount expenses. In multicounty districts, 
58.21 	the secretary of state shall set the amount taking into consideration the expenses of the 
58.22 	election jurisdictions in the district and the expenses of the secretary of state. The security 
58.23 	deposit must be filed during the period for requesting an administrative recount. In 
58.24 	determining the expenses of the recount, only the actual recount expenditures incurred 
58.25 	by the recount official and the election jurisdiction in conducting the recount may be 
58.26 	included. General office and operating costs may not be taken into account.

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

58.32	Column A
	Column B
	
58.33	204C.34
	204E.11, subdivision 2
	
59.1	204C.35
	204E.04
	
59.2	204C.36
	204E.05

59.3 	Sec. 15.  REPEALER.
 59.4 	Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are 
59.5 	repealed.

59.6 	Sec. 16. EFFECTIVE DATE.
 59.7 	This article is effective June 1, 2011, and applies to recounts conducted on or after 
59.8 	that date.

59.9 	ARTICLE 5
59.10 	TITLE; SEVERABILITY; APPROPRIATIONS

59.11 	Section 1. TITLE.
 59.12 	This act shall be known as "The 21st Century Voting Act."

59.13 	Sec. 2. SEVERABILITY.
 59.14 	All provisions of this act are severable. If any provision of this act is found to 
59.15 	be unconstitutional and void, the remaining provisions shall remain valid, unless the 
59.16 	court finds the valid provisions are so essentially and inseparably connected with, and so 
59.17 	dependent upon, the void provisions that the court cannot presume the legislature would 
59.18 	have enacted the remaining provisions without the void one; or unless the court finds the 
59.19 	remaining valid provisions, standing alone, are incomplete and are incapable of being 
59.20 	executed in accordance with the legislative intent.

59.21 	Sec. 3. APPROPRIATIONS.
 59.22 	(a) The following amounts are appropriated from the funds and in the fiscal years 
59.23 	indicated to the commissioner of administration for the purposes of the public education 
59.24 	campaign required by article 1, section 35:
59.25 	(1) $100,000 in fiscal year 2012 and $1,200,000 in fiscal year 2013 are from the 
59.26 	general fund; and
59.27 	(2) $1,000,000 in fiscal year 2013 is from the Help America Vote Act account.
59.28 	These are onetime appropriations.
59.29 	(b) The following amounts are appropriated in fiscal year 2012 from the Help 
59.30 	America Vote Act account to the secretary of state:
60.1 	(1) $950,000 for information technology costs related to implementation of the 
60.2 	electronic roster requirements contained in article 3; and
60.3 	(2) $500,000 for purposes of implementing all other requirements of this act.
60.4 	(c) $75,000 in fiscal year 2012 and $1,033,000 in fiscal year 2013 are appropriated 
60.5 	from the general fund to the commissioner of management and budget for transfer to 
60.6 	the state-subsidized identification card account established in article 1, section 20, for 
60.7 	purposes of providing voter identification cards to individuals  qualifying under Minnesota 
60.8 	Statutes, section 171.07, subdivision 3b. The base for this  appropriation is $215,000 in 
60.9 	fiscal year 2014 and each year after.
60.10 	Money appropriated under this section in fiscal year 2012 is available in fiscal 
60.11 	year 2013.

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