SF 509

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 05/06/2011 02:02 p.m.

1.1A bill for an act 1.2relating to elections; requiring voters to provide picture identification before 1.3receiving a ballot in most situations; providing for the issuance of voter 1.4identification cards at no charge; establishing a procedure for provisional 1.5balloting; creating challenged voter eligibility list; specifying other election 1.6administration procedures; allowing use of electronic polling place rosters; 1.7setting standards for use of electronic polling place rosters; creating legislative 1.8task force on electronic roster implementation; enacting procedures related to 1.9recounts; appropriating money;amending Minnesota Statutes 2010, sections 1.1010A.20, subdivision 2; 13.69, subdivision 1; 135A.17, subdivision 2; 171.01, 1.11by adding a subdivision; 171.06, subdivisions 1, 2, 3, by adding a subdivision; 1.12171.061, subdivisions 1, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a 1.13subdivision; 171.071; 171.11; 171.14; 200.02, by adding a subdivision; 201.021; 1.14201.022, subdivision 1; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 1.15201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, 1.16subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, 1.17subdivision 2; 204B.21, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 1.183, 4; 204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, 1.19subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, 1.20subdivision 2; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, 1.21subdivision 4; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021, 1.22subdivision 1; 209.06, subdivision 1; 211B.11, subdivision 1; proposing coding 1.23for new law in Minnesota Statutes, chapters 200; 201; 204C; proposing coding 1.24for new law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota 1.25Statutes 2010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 1.26204C.361. 1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28ARTICLE 1 1.29VOTER REGISTRATION, PHOTO IDENTIFICATION, AND 1.30PROVISIONAL BALLOTING 1.31    Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read: 2.1    Subdivision 1. Classifications. (a) The following government data of the 2.2Department of Public Safety are private data: 2.3(1) medical data on driving instructors, licensed drivers, and applicants for parking 2.4certificates and special license plates issued to physically disabled persons; 2.5(2) other data on holders of a disability certificate under section 169.345, except that 2.6data that are not medical data may be released to law enforcement agencies; 2.7(3) Social Security numbers in driver's license and motor vehicle registration 2.8records, except that Social Security numbers must be provided to the Department of 2.9Revenue for purposes of tax administration, the Department of Labor and Industry for 2.10purposes of workers' compensation administration and enforcement, and the Department 2.11of Natural Resources for purposes of license application administration; and 2.12(4) data on persons listed as standby or temporary custodians under section 171.07, 2.13subdivision 11 , except that the data must be released to: 2.14(i) law enforcement agencies for the purpose of verifying that an individual is a 2.15designated caregiver; or 2.16(ii) law enforcement agencies who state that the license holder is unable to 2.17communicate at that time and that the information is necessary for notifying the designated 2.18caregiver of the need to care for a child of the license holder new text begin ; and new text end 2.19 new text begin (5) data on applicants for a Minnesota voter identification card under section 171.07, new text end 2.20 new text begin subdivision 3b new text end . 2.21The department may release the Social Security number only as provided in clause 2.22(3) and must not sell or otherwise provide individual Social Security numbers or lists of 2.23Social Security numbers for any other purpose. 2.24(b) The following government data of the Department of Public Safety are 2.25confidential data: data concerning an individual's driving ability when that data is received 2.26from a member of the individual's family. 2.27    Sec. 2. Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision 2.28to read: 2.29     new text begin Subd. 51. new text end new text begin Voter identification card. new text end new text begin "Voter identification card" means a card new text end 2.30 new text begin issued or issuable under the laws of this state by the commissioner of public safety that new text end 2.31 new text begin denotes citizenship, identity, and residence address and may be used as identification new text end 2.32 new text begin and proof of residence for election day voter registration and for voting on election day, new text end 2.33 new text begin but for no other purpose. new text end 2.34    Sec. 3. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read: 3.1    Subdivision 1. Forms of application. Every application for a Minnesota 3.2identification card, for an enhanced identification card, for an instruction permit, for 3.3a provisional license, for a driver's license, or for an enhanced driver's license new text begin , or for a new text end 3.4 new text begin voter identification card new text end must be made in a format approved by the department, and every 3.5application new text begin , except for an application for a voter identification card, new text end must be accompanied 3.6by the proper fee. All first-time applications and change-of-status applications must be 3.7signed in the presence of the person authorized to accept the application, or the signature 3.8on the application may be verified by a notary public. All applications requiring evidence 3.9of legal presence in the United States or United States citizenship must be signed in 3.10the presence of the person authorized to accept the application, or the signature on the 3.11application may be verified by a notary public. 3.12    Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read: 3.13    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are 3.14as follows: 3.15 Classified Driver's License D-$22.25 C-$26.25 B-$33.25 A-$41.25 3.16 Classified Under-21 D.L. D-$22.25 C-$26.25 B-$33.25 A-$21.25 3.17 Enhanced Driver's License D-$37.25 C-$41.25 B-$48.25 A-$56.25 3.18 Instruction Permit $10.25 3.19 3.20 Enhanced Instruction Permit $25.25 3.21 Provisional License $13.25 3.22 3.23 Enhanced Provisional License $28.25 3.24 3.25 3.26 Duplicate License or duplicate identification card $11.75 3.27 3.28 3.29 3.30 Enhanced Duplicate License or enhanced duplicate identification card $26.75 3.31 3.32 3.33 3.34 3.35 3.36 3.37 Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a $16.25 3.38 3.39 Enhanced Minnesota identification card $31.25 3.40    In addition to each fee required in this paragraph, the commissioner shall collect a 3.41surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 4.1credited to the driver and vehicle services technology account in the special revenue fund 4.2under section 299A.705. 4.3    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and 4.4has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 4.5169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 4.6violations, and (3) convictions for moving violations that are not crash related, shall have a 4.7$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 4.8has the meaning given it in section 171.04, subdivision 1. 4.9    (c) In addition to the driver's license fee required under paragraph (a), the 4.10commissioner shall collect an additional $4 processing fee from each new applicant 4.11or individual renewing a license with a school bus endorsement to cover the costs for 4.12processing an applicant's initial and biennial physical examination certificate. The 4.13department shall not charge these applicants any other fee to receive or renew the 4.14endorsement. 4.15 new text begin (d) The commissioner shall not collect any fee or surcharge for a voter identification new text end 4.16 new text begin card. new text end 4.17    Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read: 4.18    Subd. 3. Contents of new text begin license new text end application; other information. (a) An application 4.19 new text begin for a Minnesota identification card, enhanced identification card, instruction permit, new text end 4.20 new text begin provisional license, driver's license, or enhanced driver's license new text end must: 4.21    (1) state the full name, date of birth, sex, and either (i) the residence address of the 4.22applicant, or (ii) designated address under section 5B.05; 4.23    (2) as may be required by the commissioner, contain a description of the applicant 4.24and any other facts pertaining to the applicant, the applicant's driving privileges, and the 4.25applicant's ability to operate a motor vehicle with safety; 4.26    (3) state: 4.27    (i) the applicant's Social Security number; or 4.28    (ii) if the applicant does not have a Social Security number and is applying for a 4.29Minnesota identification card, instruction permit, or class D provisional or driver's license, 4.30that the applicant certifies that the applicant does not have a Social Security number; 4.31    (4) in the case of an application for an enhanced driver's license or enhanced 4.32identification card, present: 4.33(i) proof satisfactory to the commissioner of the applicant's full legal name, United 4.34States citizenship, identity, date of birth, Social Security number, and residence address; 4.35and 5.1(ii) a photographic identity document; 5.2(5) contain a space where the applicant may indicate a desire to make an anatomical 5.3gift according to paragraph (b); 5.4    (6) contain a notification to the applicant of the availability of a living will/health 5.5care directive designation on the license under section 171.07, subdivision 7; and 5.6(7) contain a space where the applicant may request a veteran designation on the 5.7license under section 171.07, subdivision 15, and the driving record under section 171.12, 5.8subdivision 5a. 5.9    (b) If the applicant does not indicate a desire to make an anatomical gift when 5.10the application is made, the applicant must be offered a donor document in accordance 5.11with section 171.07, subdivision 5. The application must contain statements sufficient to 5.12comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 5.13Act, chapter 525A, so that execution of the application or donor document will make 5.14the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 5.15desire to make an anatomical gift. The application must be accompanied by information 5.16describing Minnesota laws regarding anatomical gifts and the need for and benefits of 5.17anatomical gifts, and the legal implications of making an anatomical gift, including the 5.18law governing revocation of anatomical gifts. The commissioner shall distribute a notice 5.19that must accompany all applications for and renewals of a driver's license or Minnesota 5.20identification card. The notice must be prepared in conjunction with a Minnesota organ 5.21procurement organization that is certified by the federal Department of Health and Human 5.22Services and must include: 5.23    (1) a statement that provides a fair and reasonable description of the organ donation 5.24process, the care of the donor body after death, and the importance of informing family 5.25members of the donation decision; and 5.26    (2) a telephone number in a certified Minnesota organ procurement organization that 5.27may be called with respect to questions regarding anatomical gifts. 5.28    (c) The application must be accompanied also by information containing relevant 5.29facts relating to: 5.30    (1) the effect of alcohol on driving ability; 5.31    (2) the effect of mixing alcohol with drugs; 5.32    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 5.33influence of alcohol or a controlled substance; and 5.34    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 5.35for alcohol-related violations. 6.1    Sec. 6. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision 6.2to read: 6.3     new text begin Subd. 3b. new text end new text begin Application for voter identification card. new text end new text begin An application for a voter new text end 6.4 new text begin identification card must: new text end 6.5 new text begin (1) state the applicant's full legal name, date of birth, sex, residence address, and new text end 6.6 new text begin (i) last four digits of the applicant's Social Security number, or (ii) certification that the new text end 6.7 new text begin applicant has not been assigned a Social Security number; new text end 6.8 new text begin (2) provide a description of the applicant in the same manner as required on an new text end 6.9 new text begin application for a Minnesota driver's license; new text end 6.10 new text begin (3) be accompanied by proof satisfactory to the commissioner of the applicant's new text end 6.11 new text begin United States citizenship; new text end 6.12 new text begin (4) state the length of residence at the applicant's current address; and new text end 6.13 new text begin (5) present a photographic identity document or affirm under penalty of perjury that new text end 6.14 new text begin the applicant has a religious objection to the use of a photographic image. new text end 6.15    Sec. 7. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read: 6.16    Subdivision 1. Definitions. For purposes of this section: 6.17(1) "applicant" means an individual applying for a driver's license, provisional 6.18license, restricted license, duplicate license, instruction permit, Minnesota identification 6.19card, new text begin voter identification card, new text end or motorized bicycle operator's permit; and 6.20(2) "application" refers to an application for a driver's license, provisional license, 6.21restricted license, duplicate license, instruction permit, Minnesota identification card, 6.22 new text begin voter identification card, new text end or motorized bicycle operator's permit. 6.23    Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read: 6.24    Subd. 3. Application. An applicant may file an application with an agent. The 6.25agent shall receive and accept applications in accordance with the laws and rules of the 6.26Department of Public Safety for a driver's license, restricted license, duplicate license, 6.27instruction permit, Minnesota identification card, new text begin voter identification card, new text end or motorized 6.28bicycle operator's permit. 6.29    Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read: 6.30    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of 6.31$5 for each application new text begin , except for an application for a voter identification card, for new text end 6.32 new text begin which no filing fee may be charged new text end . Except as provided in paragraph (b), the fee shall 6.33cover all expenses involved in receiving, accepting, or forwarding to the department the 7.1applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions 7.22 and 2a ; and 171.07, subdivisions 3 and 3a. 7.3(b) The department shall maintain the photo identification equipment for all 7.4agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or 7.5discontinuance of an existing agent, and if a new agent is appointed in an existing office 7.6pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota 7.7Rules, part 7404.0400, the department shall provide and maintain photo identification 7.8equipment without additional cost to a newly appointed agent in that office if the office 7.9was provided the equipment by the department before January 1, 2000. All photo 7.10identification equipment must be compatible with standards established by the department. 7.11(c) A filing fee retained by the agent employed by a county board must be paid into 7.12the county treasury and credited to the general revenue fund of the county. An agent who 7.13is not an employee of the county shall retain the filing fee in lieu of county employment 7.14or salary and is considered an independent contractor for pension purposes, coverage 7.15under the Minnesota State Retirement System, or membership in the Public Employees 7.16Retirement Association. 7.17(d) Before the end of the first working day following the final day of the reporting 7.18period established by the department, the agent must forward to the department all 7.19applications and fees collected during the reporting period except as provided in paragraph 7.20(c). new text begin The department shall transmit payment to the agent of $5 for each application for a new text end 7.21 new text begin voter identification card. An agent employed by a county board shall remit the payments new text end 7.22 new text begin to the county under paragraph (c) and all other agents may retain the payments. new text end 7.23    Sec. 10. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read: 7.24    Subd. 1a. Filing photograph or image; data classification. The department 7.25shall file, or contract to file, all photographs or electronically produced images obtained 7.26in the process of issuing drivers' licenses or new text begin , new text end Minnesota identification cards new text begin , or voter new text end 7.27 new text begin identification cards new text end . The photographs or electronically produced images shall be private 7.28data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 7.293 , the department shall not be required to provide copies of photographs or electronically 7.30produced images to data subjects. The use of the files is restricted: 7.31    (1) to the issuance and control of drivers' licenses new text begin and voter identification cards new text end ; 7.32    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 7.33investigation and prosecution of crimes, service of process, enforcement of no contact 7.34orders, location of missing persons, investigation and preparation of cases for criminal, 7.35juvenile, and traffic court, and supervision of offenders; 8.1    (3) to public defenders, as defined in section 611.272, for the investigation and 8.2preparation of cases for criminal, juvenile, and traffic courts; and 8.3    (4) to child support enforcement purposes under section 256.978. 8.4    Sec. 11. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision 8.5to read: 8.6     new text begin Subd. 3b. new text end new text begin Voter identification cards. new text end new text begin (a) A voter identification card must be new text end 8.7 new text begin issued to a qualifying applicant who, on the election day next occurring after the date of new text end 8.8 new text begin issuance, will meet the voter eligibility requirements of the Minnesota State Constitution new text end 8.9 new text begin and statutes, and who does not possess a current Minnesota driver's license or Minnesota new text end 8.10 new text begin identification card. new text end 8.11 new text begin (b) A voter identification card must bear a distinguishing number assigned to new text end 8.12 new text begin the applicant; the applicant's full name and date of birth; the applicant's address of new text end 8.13 new text begin residence; a description of the applicant in the same manner as provided on a Minnesota new text end 8.14 new text begin driver's license; the date of the card's expiration; and the usual signature of the applicant. new text end 8.15 new text begin The card must bear a colored photograph or an electronically produced image of the new text end 8.16 new text begin applicant, or, for an applicant who has affirmed a religious objection under section 171.06, new text end 8.17 new text begin subdivision 3b, clause (5), the card must bear the words "Valid without photograph." new text end 8.18 new text begin An individual eligible to apply for status as a permanent absentee voter under section new text end 8.19 new text begin 203B.04, subdivision 5, must be permitted to submit a photograph, consistent with any new text end 8.20 new text begin size or formatting requirements of the commissioner of public safety, for use on a voter new text end 8.21 new text begin identification card issued under this subdivision. new text end 8.22 new text begin (c) A voter identification card shall not be valid identification for purposes unrelated new text end 8.23 new text begin to voting in Minnesota. new text end 8.24 new text begin (d) A voter identification card must be of a different color scheme than a Minnesota new text end 8.25 new text begin driver's license or state identification card, but must incorporate the same information and new text end 8.26 new text begin security features as provided in subdivision 9. new text end 8.27 new text begin (e) Each voter identification card must be plainly marked: "Voter Identification – new text end 8.28 new text begin Not a driver's license. Valid Identification Only for Voting." new text end 8.29    Sec. 12. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read: 8.30    Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision, 8.31the expiration date of Minnesota identification cards new text begin and voter identification cards new text end of 8.32applicants under the age of 65 shall be the birthday of the applicant in the fourth year 8.33following the date of issuance of the card. 9.1(b) Minnesota identification cards new text begin and voter identification cards new text end issued to applicants 9.2age 65 or over shall be valid for the lifetime of the applicant. 9.3(c) The expiration date for an Under-21 identification card is the cardholder's 21st 9.4birthday. The commissioner shall issue an identification card to a holder of an Under-21 9.5identification card who applies for the card, pays the required fee, and presents proof of 9.6identity and age, unless the commissioner determines that the applicant is not qualified 9.7for the identification card. 9.8    Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read: 9.9    Subd. 9. Improved security. The commissioner shall develop new Drivers' 9.10licenses and new text begin , new text end identification cards, to be issued beginning January 1, 1994, that new text begin and voter new text end 9.11 new text begin identification cards new text end must be as impervious to alteration as is reasonably practicable in their 9.12design and quality of material and technology. The driver's license security laminate 9.13shall be made from materials not readily available to the general public. The design and 9.14technology employed must enable the driver's license and identification card to be subject 9.15to two or more methods of visual verification capable of clearly indicating the presence 9.16of tampering or counterfeiting. The driver's license and identification card must not be 9.17susceptible to reproduction by photocopying or simulation and must be highly resistant 9.18to data or photograph substitution and other tampering. 9.19    Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read: 9.20    Subd. 14. Use of Social Security number. An applicant's Social Security number 9.21must not be displayed, encrypted, or encoded on the driver's license or new text begin , new text end Minnesota 9.22identification card new text begin , voter identification card, new text end or included in a magnetic strip or bar code 9.23used to store data on the license or new text begin , new text end Minnesota identification card new text begin , or voter identification new text end 9.24 new text begin card new text end . The Social Security number must not be used as a Minnesota driver's license or new text begin , new text end 9.25identification new text begin , or voter identification new text end number. 9.26    Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read: 9.27171.071 PHOTOGRAPH ON LICENSE OR new text begin , new text end IDENTIFICATION CARD new text begin , OR new text end 9.28 new text begin VOTER IDENTIFICATION CARD new text end . 9.29    Subdivision 1. Religious objection. Notwithstanding the provisions of section 9.30171.07 , the commissioner of public safety may adopt rules to permit identification on a 9.31driver's license or new text begin , new text end Minnesota identification card new text begin , or voter identification card new text end in lieu of 9.32a photograph or electronically produced image where the commissioner finds that the 10.1licensee has religious objections to the use of a photograph or electronically produced 10.2image. 10.3    Subd. 2. Certain head wear permitted. If an accident involving a head injury, 10.4serious illness, or treatment of the illness has resulted in hair loss by an applicant for a 10.5driver's license or new text begin , new text end identification card, new text begin or voter identification card, new text end the commissioner shall 10.6permit the applicant to wear a hat or similar head wear in the photograph or electronically 10.7produced image. The hat or head wear must be of an appropriate size and type to allow 10.8identification of the holder of the license or card and must not obscure the holder's face. 10.9    Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's 10.10requirements pertaining to a photograph or electronically produced image on an enhanced 10.11driver's license or an enhanced identification card. 10.12    Sec. 16. Minnesota Statutes 2010, section 171.11, is amended to read: 10.13171.11 DUPLICATE LICENSE new text begin OR VOTER IDENTIFICATION CARD new text end ; 10.14CHANGE OF DOMICILE OR NAME. 10.15     new text begin Subdivision 1. new text end new text begin Duplicate driver's license. new text end When any person, after applying for or 10.16receiving a driver's license, shall change permanent domicile from the address named in 10.17such application or in the license issued to the person, or shall change a name by marriage 10.18or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's 10.19license upon a form furnished by the department and pay the required fee. The application 10.20or duplicate license shall show both the licensee's old address and new address or the 10.21former name and new name as the case may be. 10.22     new text begin Subd. 2. new text end new text begin Duplicate voter identification card. new text end new text begin A voter identification cardholder who new text end 10.23 new text begin changes residence address or name from the address or name stated on the card shall not new text end 10.24 new text begin present the card for voting purposes, but must apply for a duplicate voter identification card new text end 10.25 new text begin upon a form furnished by the department. The application for duplicate voter identification new text end 10.26 new text begin card must show the cardholder's former address and current address, along with length of new text end 10.27 new text begin residence at the current address, and the former name and current name, as applicable. new text end 10.28    Sec. 17. Minnesota Statutes 2010, section 171.14, is amended to read: 10.29171.14 CANCELLATION. 10.30    (a) The commissioner may cancel any driver's license new text begin or voter identification card new text end 10.31upon determination that (1) the licensee new text begin or cardholder new text end was not entitled to the issuance of 10.32the license new text begin or card new text end , (2) the licensee new text begin or cardholder new text end failed to give the required or correct 10.33information in the application, (3) the licensee new text begin or cardholder new text end committed any fraud or 10.34deceit in making the application, or (4) the person, at the time of the cancellation, would 11.1not have been entitled to receive a license under section 171.04 new text begin , or a cardholder under new text end 11.2 new text begin section 171.07 new text end . 11.3    (b) The commissioner shall cancel the driver's license of a person described in 11.4paragraph (a), clause (3), for 60 days or until the required or correct information has 11.5been provided, whichever is longer. 11.6 new text begin (c) The commissioner shall cancel the voter identification card of a person described new text end 11.7 new text begin in paragraph (a) until the person completes the application process under section 171.06, new text end 11.8 new text begin and complies in all respects with the requirements of the commissioner. new text end 11.9 new text begin (d) The commissioner shall immediately notify the holder of a voter identification new text end 11.10 new text begin card of a cancellation of the card. Notification must be by mail, addressed to the new text end 11.11 new text begin cardholder's last known address, with postage prepaid. new text end 11.12    Sec. 18. new text begin [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE. new text end 11.13 new text begin The following are sufficient proof of identity and residence for purposes of election new text end 11.14 new text begin day voter registration under section 201.061, subdivision 3, and for determining whether new text end 11.15 new text begin to count a provisional ballot under section 204C.135, subdivision 2: new text end 11.16 new text begin (1) a current driver's license, state identification card, or voter identification card new text end 11.17 new text begin issued to the voter by the Department of Public Safety that contains the voter's current new text end 11.18 new text begin address of residence in the precinct; new text end 11.19 new text begin (2) an identification card issued to the voter by the tribal government of a tribe new text end 11.20 new text begin recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the new text end 11.21 new text begin voter's current address of residence in the precinct, and any other items of data required to new text end 11.22 new text begin be contained on a Minnesota identification card, as provided in section 171.07, subdivision new text end 11.23 new text begin 3, paragraphs (a) and (b); new text end 11.24 new text begin (3) an original receipt for a new, renewed, or updated driver's license, state new text end 11.25 new text begin identification card, or voter identification card issued to the voter under section 171.07 new text end 11.26 new text begin that contains the voter's current address of residence in the precinct along with one of the new text end 11.27 new text begin following documents, provided that it contains a photograph of the voter: new text end 11.28 new text begin (i) a driver's license, identification card, or voter identification card that is expired or new text end 11.29 new text begin does not contain the voter's current address of residence, issued to the voter by the state of new text end 11.30 new text begin Minnesota or any other state or territory of the United States; new text end 11.31 new text begin (ii) a United States passport, issued to the voter; new text end 11.32 new text begin (iii) an identification card issued by a branch, department, agency, entity, or new text end 11.33 new text begin subdivision of Minnesota or the federal government; new text end 11.34 new text begin (iv) an identification card issued by an accredited postsecondary institution with new text end 11.35 new text begin a campus located within Minnesota, if a list of students from that institution has been new text end 12.1 new text begin prepared under section 135A.17 and certified to the county auditor in the manner provided new text end 12.2 new text begin in rules of the secretary of state; or new text end 12.3 new text begin (v) an identification card issued to the voter by the tribal government of a tribe new text end 12.4 new text begin recognized by the Bureau of Indian Affairs; new text end 12.5 new text begin (4) if the voter is a student, a driver's license or identification card issued by new text end 12.6 new text begin Minnesota or any other state or territory of the United States that does not contain new text end 12.7 new text begin the voter's current address of residence, along with a current student fee statement that new text end 12.8 new text begin contains the student's valid address of residence in the precinct; or new text end 12.9 new text begin (5) if the voter resides in a shelter facility designated for battered women, as defined new text end 12.10 new text begin in section 611A.37, subdivision 4, a driver's license or identification card issued to the new text end 12.11 new text begin voter by the Department of Public Safety that contains the voter's photograph and address new text end 12.12 new text begin of residence prior to seeking the services of the shelter facility, along with a certification new text end 12.13 new text begin of residence in the facility, signed by the facility's administrator on a form prescribed new text end 12.14 new text begin by the secretary of state. new text end 12.15    Sec. 19. new text begin [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD new text end 12.16 new text begin ACCOUNT. new text end 12.17 new text begin A state-subsidized voter identification card account is established in the special new text end 12.18 new text begin revenue fund. Money in the account is appropriated to the Department of Public Safety for new text end 12.19 new text begin purposes of providing state-subsidized voter identification cards to individuals qualifying new text end 12.20 new text begin under section 171.07, subdivision 3b, provided that the department may not be reimbursed new text end 12.21 new text begin more than the actual cost of providing voter identification cards, not to exceed $9.85 for new text end 12.22 new text begin each card issued. A report of the total expenditures by county must be submitted to the new text end 12.23 new text begin members of the house and senate committees with oversight of elections by January new text end 12.24 new text begin 31 of each year. On June 30 of each odd-numbered year, any balance in the account is new text end 12.25 new text begin transferred to the general fund. new text end 12.26    Sec. 20. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read: 12.27    Subd. 3. Election day registration. (a) An individual who is eligible to vote may 12.28register on election day by appearing in person at the polling place for the precinct in 12.29which the individual maintains residence, by completing a registration application, making 12.30an oath in the form prescribed by the secretary of state and providing proof of new text begin identity and new text end 12.31residence. An individual may prove new text begin identity and new text end residence for purposes of registering by: new text begin new text end 12.32 new text begin presenting documentation as permitted by section 200.035. new text end 12.33    (1) presenting a driver's license or Minnesota identification card issued pursuant 12.34to section ; 13.1    (2) presenting any document approved by the secretary of state as proper 13.2identification; 13.3    (3) presenting one of the following: 13.4    (i) a current valid student identification card from a postsecondary educational 13.5institution in Minnesota, if a list of students from that institution has been prepared under 13.6section and certified to the county auditor in the manner provided in rules of 13.7the secretary of state; or 13.8    (ii) a current student fee statement that contains the student's valid address in the 13.9precinct together with a picture identification card; or 13.10    (4) having a voter who is registered to vote in the precinct, or who is an employee 13.11employed by and working in a residential facility in the precinct and vouching for a 13.12resident in the facility, sign an oath in the presence of the election judge vouching that the 13.13voter or employee personally knows that the individual is a resident of the precinct. A 13.14voter who has been vouched for on election day may not sign a proof of residence oath 13.15vouching for any other individual on that election day. A voter who is registered to vote in 13.16the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 13.17does not apply to an employee of a residential facility described in this clause. The 13.18secretary of state shall provide a form for election judges to use in recording the number 13.19of individuals for whom a voter signs proof-of-residence oaths on election day. The 13.20form must include space for the maximum number of individuals for whom a voter may 13.21sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 13.22a statement that the voter is registered to vote in the precinct, personally knows that the 13.23individual is a resident of the precinct, and is making the statement on oath. The form must 13.24include a space for the voter's printed name, signature, telephone number, and address. 13.25    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 13.26attached to the voter registration application. 13.27    (b) The operator of a residential facility shall prepare a list of the names of its 13.28employees currently working in the residential facility and the address of the residential 13.29facility. The operator shall certify the list and provide it to the appropriate county auditor 13.30no less than 20 days before each election for use in election day registration. 13.31    (c) "Residential facility" means transitional housing as defined in section 256E.33, 13.32subdivision 1 ; a supervised living facility licensed by the commissioner of health under 13.33section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 13.345 ; a residence registered with the commissioner of health as a housing with services 13.35establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 13.36the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 14.1licensed by the commissioner of human services to provide a residential program as 14.2defined in section 245A.02, subdivision 14; a residential facility for persons with a 14.3developmental disability licensed by the commissioner of human services under section 14.4; group residential housing as defined in section 256I.03, subdivision 3; a shelter 14.5for battered women as defined in section 611A.37, subdivision 4; or a supervised 14.6publicly or privately operated shelter or dwelling designed to provide temporary living 14.7accommodations for the homeless. 14.8    (d) For tribal band members, an individual may prove residence for purposes of 14.9registering by: 14.10    (1) presenting an identification card issued by the tribal government of a tribe 14.11recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 14.12contains the name, address, signature, and picture of the individual; or 14.13    (2) presenting an identification card issued by the tribal government of a tribe 14.14recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 14.15contains the name, signature, and picture of the individual and also presenting one of the 14.16documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 14.17    (e) new text begin (b) new text end A county, school district, or municipality may new text begin must new text end require that an election 14.18judge responsible for election day registration initial new text begin sign new text end each completed registration 14.19application. 14.20    Sec. 21. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read: 14.21    Subd. 3. Procedures for polling place rosters. The secretary of state shall 14.22prescribe the form of polling place rosters that include the voter's name, address, date of 14.23birth, school district number, and space for the voter's signature. new text begin The address listed on new text end 14.24 new text begin the polling place roster must be the voter's address of residence, unless the voter has new text end 14.25 new text begin requested that the address printed on the roster be the voter's mailing address because new text end 14.26 new text begin the voter is a judge, or a law enforcement or corrections officer. new text end The secretary of state 14.27may prescribe additional election-related information to be placed on the polling place 14.28rosters on an experimental basis for one state primary and general election cycle; the same 14.29information may not be placed on the polling place roster for a second state primary and 14.30general election cycle unless specified in this subdivision. The polling place roster must 14.31be used to indicate whether the voter has voted in a given election. The secretary of state 14.32shall prescribe procedures for transporting the polling place rosters to the election judges 14.33for use on election day. The secretary of state shall prescribe the form for a county or 14.34municipality to request the date of birth from currently registered voters. The county or 14.35municipality shall not request the date of birth from currently registered voters by any 15.1communication other than the prescribed form and the form must clearly indicate that a 15.2currently registered voter does not lose registration status by failing to provide the date of 15.3birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 15.4polling place rosters used on the date of election for 22 months following the election. 15.5    Sec. 22. Minnesota Statutes 2010, section 204C.10, is amended to read: 15.6204C.10 PERMANENT REGISTRATION; VERIFICATION OF 15.7REGISTRATION. 15.8     new text begin Subdivision 1. new text end new text begin Polling place roster. new text end (a) An individual seeking to vote shall sign a 15.9polling place roster which states that the individual is at least 18 years of age, a citizen 15.10of the United States, has resided in Minnesota for 20 days immediately preceding the 15.11election, maintains residence at the address shown, is not under a guardianship in which 15.12the court order revokes the individual's right to vote, has not been found by a court of 15.13law to be legally incompetent to vote or has the right to vote because, if the individual 15.14was convicted of a felony, the felony sentence has expired or been completed or the 15.15individual has been discharged from the sentence, is registered and has not already voted 15.16in the election. The roster must also state: "I understand that deliberately providing false 15.17information is a felony punishable by not more than five years imprisonment and a fine of 15.18not more than $10,000, or both." 15.19(b) A judge may, Before the applicant signs the roster, new text begin a judge must: (1) require the new text end 15.20 new text begin voter to present a photo identification document, as described in subdivision 2; and (2) new text end 15.21confirm the applicant's name, address, and date of birth. new text begin A voter who cannot produce new text end 15.22 new text begin sufficient identification as required by subdivision 2 may not sign the polling place roster, new text end 15.23 new text begin but may cast a provisional ballot, as provided in section 204C.135. new text end 15.24(c) After the applicant signs the roster, the judge shall give the applicant a voter's 15.25receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 15.26of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 15.27voters' receipts must be maintained during the time for notice of filing an election contest new text begin new text end 15.28 new text begin for 36 months following the date of the election new text end . 15.29     new text begin Subd. 2. new text end new text begin Photo identification. new text end new text begin (a) To satisfy the photo identification requirement new text end 15.30 new text begin in subdivision 1, a voter must present a valid form of one of the following documents new text end 15.31 new text begin or sets of documents, issued to the voter: new text end 15.32 new text begin (1) a Minnesota driver's license state identification card, or voter identification card new text end 15.33 new text begin issued under section 171.07 that contains the voter's current address of residence in the new text end 15.34 new text begin precinct; new text end 16.1 new text begin (2)(i) an original receipt for a new, renewed, or updated driver's license, state new text end 16.2 new text begin identification card, or voter identification card issued to the voter under section 171.07 that new text end 16.3 new text begin contains the voter's current address of residence in the precinct; and new text end 16.4 new text begin (ii) a driver's license, identification card, or a voter identification card that is new text end 16.5 new text begin expired, invalidated, or does not contain the voter's current address of residence in the new text end 16.6 new text begin precinct, issued to the voter by the state of Minnesota or any other state or territory of new text end 16.7 new text begin the United States; new text end 16.8 new text begin (3) an identification card issued by the tribal government of a tribe recognized new text end 16.9 new text begin by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's new text end 16.10 new text begin current address of residence in the precinct, and any other items of data required to be new text end 16.11 new text begin contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, new text end 16.12 new text begin paragraphs (a) and (b); or new text end 16.13 new text begin (4) if the voter resides in a shelter facility designated for battered women, as defined new text end 16.14 new text begin in section 611A.37, subdivision 4, a driver's license or identification card issued to the new text end 16.15 new text begin voter by the Department of Public Safety that contains the voter's photograph and address new text end 16.16 new text begin of residence prior to seeking the services of the shelter facility, along with a certification new text end 16.17 new text begin of residence in the facility, signed by the facility's administrator on a form prescribed new text end 16.18 new text begin by the secretary of state. new text end 16.19 new text begin (b) An identification card presented under this section by a voter who is a judge, law new text end 16.20 new text begin enforcement officer, or corrections officer is not deficient for a lack of the voter's current new text end 16.21 new text begin address of residence in the precinct if the identification card contains the mailing address new text end 16.22 new text begin of the voter and that matches the address listed on the polling place roster. new text end 16.23    Sec. 23. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read: 16.24    Subd. 3. Determination of residence new text begin and eligibility new text end . In determining the legal 16.25residence new text begin and eligibility new text end of a challenged individual, the election judges shall be governed 16.26by the principles contained in section new text begin sections new text end 200.031 new text begin , 201.014, and 201.016 new text end . If the 16.27challenged individual's answers to the questions show ineligibility to vote in that precinct, 16.28the individual shall not be allowed to vote. If the individual has marked ballots but not 16.29yet deposited them in the ballot boxes before the election judges determine ineligibility 16.30to vote in that precinct, the marked ballots shall be placed unopened with the spoiled 16.31ballots. If the answers to the questions fail to show that the individual is not eligible to 16.32vote in that precinct and the challenge is not withdrawn, the election judges shall verbally 16.33administer the oath on the voter certificate to the individual. After taking the oath and 16.34completing and signing the voter certificate, the challenged individual shall be allowed to 16.35vote. new text begin If the election judges are not satisfied that the challenged individual is eligible to new text end 17.1 new text begin vote in the precinct, but the individual maintains a position that the individual is eligible new text end 17.2 new text begin and desires to vote, the challenged individual shall be permitted to cast a provisional ballot new text end 17.3 new text begin in the manner provided in section 204C.135. new text end 17.4    Sec. 24. new text begin [204C.135] PROVISIONAL BALLOTS. new text end 17.5     new text begin Subdivision 1. new text end new text begin Casting of provisional ballots. new text end new text begin (a) The following voters seeking to new text end 17.6 new text begin vote are entitled to cast a provisional ballot in the manner provided by this section: new text end 17.7 new text begin (1) a voter who is unable to provide proper photo identification as required by new text end 17.8 new text begin section 204C.10; new text end 17.9 new text begin (2) a voter whose registration status is listed as "challenged" on the polling place new text end 17.10 new text begin roster and who has not proven the voter's eligibility to vote in the precinct; and new text end 17.11 new text begin (3) a voter whose eligibility to vote is challenged in the polling place and who is new text end 17.12 new text begin unable to overcome the challenge as permitted by section 204C.12. new text end 17.13 new text begin (b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster new text end 17.14 new text begin and complete a provisional ballot envelope. The envelope must contain a space for the new text end 17.15 new text begin voter to list the voter's name, address of residence, date of birth, voter identification new text end 17.16 new text begin number, and any other information prescribed by the secretary of state. The voter must new text end 17.17 new text begin also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously new text end 17.18 new text begin in the same election, and meets the criteria for registering to vote in the precinct in which new text end 17.19 new text begin the voter appears. new text end 17.20 new text begin Once the voter has completed the provisional ballot envelope, the voter must be new text end 17.21 new text begin allowed to cast a provisional ballot. The provisional ballot must be the same as the official new text end 17.22 new text begin ballot available in the precinct on election day. A completed provisional ballot shall be new text end 17.23 new text begin sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's new text end 17.24 new text begin provisional ballot envelope and deposited by the voter in a secure, sealed provisional new text end 17.25 new text begin ballot box. Completed provisional ballots may not be combined with other voted ballots new text end 17.26 new text begin in the polling place. new text end 17.27 new text begin (c) The form of the secrecy and provisional ballot envelopes shall be prescribed by new text end 17.28 new text begin the secretary of state. The provisional ballot envelope must be a color other than that new text end 17.29 new text begin provided for absentee ballot envelopes and must be prominently labeled "Provisional new text end 17.30 new text begin Ballot Envelope." new text end 17.31 new text begin (d) Provisional ballots and related documentation shall be delivered to and securely new text end 17.32 new text begin maintained by the county auditor or municipal clerk in the same manner as required for new text end 17.33 new text begin other election materials under sections 204C.27 to 204C.28. new text end 17.34     new text begin Subd. 2. new text end new text begin Counting provisional ballots. new text end new text begin (a) A voter who casts a provisional ballot in new text end 17.35 new text begin the polling place may personally appear before the county auditor or municipal clerk no new text end 18.1 new text begin later than seven calendar days following the election to prove that the voter's provisional new text end 18.2 new text begin ballot should be counted. The county auditor or municipal clerk must count a provisional new text end 18.3 new text begin ballot in the final certified results from the precinct if: new text end 18.4 new text begin (1) the statewide voter registration system indicates that the voter is eligible to new text end 18.5 new text begin vote or, if challenged, the county auditor or municipal clerk does not, based upon new text end 18.6 new text begin available records and any documentation presented by the voter, conclude that the voter is new text end 18.7 new text begin ineligible; and new text end 18.8 new text begin (2) the voter presents proof of identity and residence in the precinct in the manner new text end 18.9 new text begin permitted by section 200.035. new text end 18.10 new text begin (b) If a voter does not appear before the county auditor or municipal clerk within new text end 18.11 new text begin seven calendar days following the election or otherwise does not satisfy the requirements new text end 18.12 new text begin of paragraph (a), or if the data listed on the items of identification presented by the voter new text end 18.13 new text begin does not match the data submitted by the voter on the provisional ballot envelope, the new text end 18.14 new text begin voter's provisional ballot must not be counted. new text end 18.15 new text begin (c) The county auditor or municipal clerk must notify, in writing, any provisional new text end 18.16 new text begin voter who does not appear within seven calendar days of the election that the voter's new text end 18.17 new text begin provisional ballot was not counted because of the voter's failure to appear before the new text end 18.18 new text begin county auditor or municipal clerk within the time permitted by law to determine whether new text end 18.19 new text begin the provisional ballot should be counted. new text end 18.20     new text begin Subd. 3. new text end new text begin Provisional ballots; reconciliation. new text end new text begin Prior to counting any provisional new text end 18.21 new text begin ballots in the final vote totals from a precinct, the county auditor must verify that the new text end 18.22 new text begin number of signatures appearing on the provisional ballot roster from that precinct is equal new text end 18.23 new text begin to the number of provisional ballots submitted by voters in the precinct on election day. new text end 18.24 new text begin Any discrepancy must be resolved before the provisional ballots from the precinct may new text end 18.25 new text begin be counted. Excess provisional ballots must be randomly withdrawn in the manner new text end 18.26 new text begin required by section 204C.20, subdivision 2, after the period for a voter to appear to prove new text end 18.27 new text begin residence and identity has expired and the ballots to be counted have been separated from new text end 18.28 new text begin the provisional ballot envelopes. new text end 18.29    Sec. 25. Minnesota Statutes 2010, section 204C.32, is amended to read: 18.30204C.32 CANVASS OF STATE PRIMARIES. 18.31    Subdivision 1. County canvass. The county canvassing board shall meet at the 18.32county auditor's office on the third new text begin eighth new text end day following the state primary. After taking the 18.33oath of office, the canvassing board shall publicly canvass the election returns delivered 18.34to the county auditor. The board shall complete the canvass on the third new text begin eighth new text end day 19.1following the state primary and shall promptly prepare and file with the county auditor 19.2a report that states: 19.3(a) the number of individuals voting at the election in the county, and in each 19.4precinct; 19.5(b) the number of individuals registering to vote on election day and the number of 19.6individuals registered before election day in each precinct; 19.7(c) for each major political party, the names of the candidates running for each 19.8partisan office and the number of votes received by each candidate in the county and in 19.9each precinct; 19.10(d) the names of the candidates of each major political party who are nominated; and 19.11(e) the number of votes received by each of the candidates for nonpartisan office in 19.12each precinct in the county and the names of the candidates nominated for nonpartisan 19.13office. 19.14Upon completion of the canvass, the county auditor shall mail or deliver a notice of 19.15nomination to each nominee for county office voted for only in that county. The county 19.16auditor shall transmit one of the certified copies of the county canvassing board report 19.17for state and federal offices to the secretary of state by express mail or similar service 19.18immediately upon conclusion of the county canvass. The secretary of state shall mail a 19.19notice of nomination to each nominee for state or federal office. 19.20    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of 19.21State's Office seven new text begin 14 new text end days after the state primary to canvass the certified copies of the 19.22county canvassing board reports received from the county auditors. Immediately after 19.23the canvassing board declares the results, the secretary of state shall certify the names of 19.24the nominees to the county auditors. The secretary of state shall mail to each nominee 19.25a notice of nomination. 19.26    Sec. 26. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read: 19.27    Subdivision 1. County canvass. The county canvassing board shall meet at the 19.28county auditor's office between the third new text begin eighth new text end and tenth new text begin 14th new text end days following the state 19.29general election. After taking the oath of office, the board shall promptly and publicly 19.30canvass the general election returns delivered to the county auditor. Upon completion of 19.31the canvass, the board shall promptly prepare and file with the county auditor a report 19.32which states: 19.33(a) the number of individuals voting at the election in the county and in each precinct; 19.34(b) the number of individuals registering to vote on election day and the number of 19.35individuals registered before election day in each precinct; 20.1(c) the names of the candidates for each office and the number of votes received by 20.2each candidate in the county and in each precinct; 20.3(d) the number of votes counted for and against a proposed change of county lines 20.4or county seat; and 20.5(e) the number of votes counted for and against a constitutional amendment or other 20.6question in the county and in each precinct. 20.7The result of write-in votes cast on the general election ballots must be compiled by 20.8the county auditor before the county canvass, except that write-in votes for a candidate for 20.9federal, state, or county office must not be counted unless the candidate has timely filed a 20.10request under section 204B.09, subdivision 3. The county auditor shall arrange for each 20.11municipality to provide an adequate number of election judges to perform this duty or the 20.12county auditor may appoint additional election judges for this purpose. The county auditor 20.13may open the envelopes or containers in which the voted ballots have been sealed in order 20.14to count and record the write-in votes and must reseal the voted ballots at the conclusion 20.15of this process. The county auditor must prepare a separate report of votes received by 20.16precinct for write-in candidates for federal, state, and county offices who have requested 20.17under section 204B.09 that votes for those candidates be tallied. 20.18Upon completion of the canvass, the county canvassing board shall declare the 20.19candidate duly elected who received the highest number of votes for each county and state 20.20office voted for only within the county. The county auditor shall transmit a certified 20.21copy of the county canvassing board report for state and federal offices to the secretary 20.22of state by messenger, express mail, or similar service immediately upon conclusion of 20.23the county canvass. 20.24    Sec. 27. Minnesota Statutes 2010, section 204C.37, is amended to read: 20.25204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 20.26STATE. 20.27A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, 20.28subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall 20.29be enclosed in an envelope addressed to the secretary of state, with the county auditor's 20.30name and official address and the words "Election Returns" endorsed on the envelope. 20.31The copy of the canvassing board report and the precinct summary statements must be 20.32sent by express mail or delivered to the secretary of state. If the copy is not received by 20.33the secretary of state within ten days following the applicable election new text begin a primary election, new text end 20.34 new text begin or within 16 days following a general election new text end , the secretary of state shall immediately 21.1notify the county auditor, who shall deliver another copy to the secretary of state by 21.2special messenger. 21.3    Sec. 28. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read: 21.4    Subd. 5. Results. The municipal primary shall be conducted and the returns made in 21.5the manner provided for the state primary so far as practicable. On the third new text begin eighth new text end day 21.6after the primary, the governing body of the municipality shall canvass the returns, and the 21.7two candidates for each office who receive the highest number of votes, or a number of 21.8candidates equal to twice the number of individuals to be elected to the office, who receive 21.9the highest number of votes, shall be the nominees for the office named. Their names shall 21.10be certified to the municipal clerk who shall place them on the municipal general election 21.11ballot without partisan designation and without payment of an additional fee. 21.12    Sec. 29. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read: 21.13    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) 21.14Between the third new text begin eighth new text end and tenth new text begin 14th new text end days after an election, the governing body of a 21.15city conducting any election including a special municipal election, or the governing body 21.16of a town conducting the general election in November shall act as the canvassing board, 21.17canvass the returns, and declare the results of the election. The governing body of a town 21.18conducting the general election in March shall act as the canvassing board, canvass the 21.19returns, and declare the results of the election within two new text begin ten new text end days after an election. 21.20(b) After the time for contesting elections has passed, the municipal clerk shall issue a 21.21certificate of election to each successful candidate. In case of a contest, the certificate shall 21.22not be issued until the outcome of the contest has been determined by the proper court. 21.23(c) In case of a tie vote, the canvassing board having jurisdiction over the 21.24municipality shall determine the result by lot. The clerk of the canvassing board shall 21.25certify the results of the election to the county auditor, and the clerk shall be the final 21.26custodian of the ballots and the returns of the election. 21.27    Sec. 30. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read: 21.28    Subd. 4. Results. The school district primary must be conducted and the returns 21.29made in the manner provided for the state primary as far as practicable. On the third new text begin eighth new text end 21.30day after the primary, the school board of the school district shall canvass the returns, 21.31and the two candidates for each specified school board position who receive the highest 21.32number of votes, or a number of candidates equal to twice the number of individuals to be 21.33elected to at-large school board positions who receive the highest number of votes, are 22.1the nominees for the office named. Their names must be certified to the school district 22.2clerk who shall place them on the school district general election ballot without partisan 22.3designation and without payment of an additional fee. 22.4    Sec. 31. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read: 22.5    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between 22.6the third new text begin eighth new text end and tenth new text begin 14th new text end days after a school district election other than a recount of a 22.7special election conducted under section 126C.17, subdivision 9, or 475.59, the school 22.8board shall canvass the returns and declare the results of the election. After the time for 22.9contesting elections has passed, the school district clerk shall issue a certificate of election 22.10to each successful candidate. If there is a contest, the certificate of election to that office 22.11must not be issued until the outcome of the contest has been determined by the proper 22.12court. If there is a tie vote, the school board shall determine the result by lot. The clerk 22.13shall deliver the certificate of election to the successful candidate by personal service or 22.14certified mail. The successful candidate shall file an acceptance and oath of office in 22.15writing with the clerk within 30 days of the date of mailing or personal service. A person 22.16who fails to qualify prior to the time specified shall be deemed to have refused to serve, 22.17but that filing may be made at any time before action to fill the vacancy has been taken. 22.18The school district clerk shall certify the results of the election to the county auditor, and 22.19the clerk shall be the final custodian of the ballots and the returns of the election. 22.20A school district canvassing board shall perform the duties of the school board 22.21according to the requirements of this subdivision for a recount of a special election 22.22conducted under section 126C.17, subdivision 9, or 475.59. 22.23    Sec. 32. new text begin PUBLIC EDUCATION CAMPAIGN. new text end 22.24 new text begin The commissioner of administration shall contract for the production and new text end 22.25 new text begin implementation of a statewide public educational campaign related to the voter new text end 22.26 new text begin identification requirements of this article. The campaign must inform voters of the new text end 22.27 new text begin requirements for identification when voting, methods of securing sufficient identification, new text end 22.28 new text begin including securing a free voter identification card if necessary, and the process for new text end 22.29 new text begin provisional balloting for voters unable to meet the identification requirements on election new text end 22.30 new text begin day. The secretary of state may consult with the vendor in coordinating material related new text end 22.31 new text begin to the campaign, but the secretary, the secretary's staff, and any other documents or new text end 22.32 new text begin materials promoting the office of the secretary of state may not appear visually or audibly new text end 22.33 new text begin in any advertising or promotional items disseminated by the vendor as part of the public new text end 22.34 new text begin education campaign. new text end 23.1 new text begin $100,000 is appropriated in fiscal year 2012 and $2,200,000 is appropriated in fiscal new text end 23.2 new text begin year 2013 from the general fund to the commissioner of administration for purposes of new text end 23.3 new text begin implementing this section. These are onetime appropriations. new text end 23.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.5    Sec. 33. new text begin APPROPRIATION. new text end 23.6 new text begin (a) $709,000 is appropriated in fiscal year 2013 from the general fund to the new text end 23.7 new text begin commissioner of management and budget for transfer to the state-subsidized identification new text end 23.8 new text begin card account for purposes of providing state-subsidized identification cards to individuals new text end 23.9 new text begin qualifying under Minnesota Statutes, section 171.07, subdivision 3b. The base for this new text end 23.10 new text begin appropriation is $215,000 in fiscal year 2014 and each year after. new text end 23.11 new text begin (b) $880,000 is appropriated in fiscal year 2012 to the secretary of state from the new text end 23.12 new text begin Help America Vote Act account and $110,000 is appropriated in fiscal year 2012 to the new text end 23.13 new text begin secretary of state from the general fund for purposes of implementing the requirements of new text end 23.14 new text begin this act. This appropriation is available until June 30, 2013. new text end 23.15    Sec. 34. new text begin EFFECTIVE DATE. new text end 23.16 new text begin Except where otherwise provided, this article is effective June 1, 2012, and applies new text end 23.17 new text begin to elections held on or after that date. new text end 23.18ARTICLE 2 23.19ELECTION ADMINISTRATION AND INTEGRITY 23.20    Section 1. Minnesota Statutes 2010, section 10A.20, subdivision 2, is amended to read: 23.21    Subd. 2. Time for filing. (a) The reports must be filed with the board on or before 23.22January 31 of each year and additional reports must be filed as required and in accordance 23.23with paragraphs (b) to (d) new text begin (e) new text end . 23.24(b) In each year in which the name of the candidate is on the ballot, the report of 23.25the principal campaign committee must be filed 15 days before a primary and ten days 23.26before a general election, seven days before a special primary and a special election, 23.27and ten days after a special election cycle. 23.28(c) In each general election year, a political committee or political fund must file 23.29reports 28 and 15 days before a primary and 42 and ten days before a general election. 23.30Beginning in 2012, reports required under this paragraph must also be filed 56 days before 23.31a primary. 24.1(d) In each general election year, a party unit must file reports 15 days before a 24.2primary and ten days before a general election. 24.3 new text begin (e) The treasurer of a political committee, political fund, principal campaign new text end 24.4 new text begin committee, or party unit that has received contributions or made expenditures that in new text end 24.5 new text begin aggregate within the year exceed $5,000 must file a report with the board by April 7 in new text end 24.6 new text begin each year and by July 7 and October 7 in years when there is no general election. new text end 24.7    Sec. 2. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to read: 24.8    Subd. 2. Residential housing list. All postsecondary institutions that enroll students 24.9accepting state or federal financial aid may prepare a current list of students enrolled in the 24.10institution and residing in the institution's housing or within ten miles of the institution's 24.11campus. The list shall include each student's current address new text begin and note any student on the new text end 24.12 new text begin list known to not be a United States citizen new text end . The list shall be certified and sent to the 24.13appropriate county auditor or auditors new text begin , in an electronic format approved by the secretary of new text end 24.14 new text begin state, new text end for use in election day registration as provided under section 201.061, subdivision 3. 24.15A residential housing list provided under this subdivision may not be used or disseminated 24.16by a county auditor or the secretary of state for any other purpose. 24.17    Sec. 3. Minnesota Statutes 2010, section 201.021, is amended to read: 24.18201.021 PERMANENT REGISTRATION SYSTEM. 24.19A permanent system of voter registration by county is established, with a single, 24.20official, centralized, interactive computerized statewide voter registration list defined, 24.21maintained, and administered at the state level that contains the name and registration 24.22information of every legally registered voter in the state, and assigns a unique identifier 24.23to each legally registered voter in the state. new text begin The unique identifier shall be permanently new text end 24.24 new text begin assigned to the voter and may not be changed or reassigned to another voter. new text end The 24.25interactive computerized statewide voter registration list constitutes the official list of every 24.26legally registered voter in the state. The county auditor shall be chief registrar of voters 24.27and the chief custodian of the official registration records in each county. The secretary of 24.28state is responsible for defining, maintaining, and administering the centralized system. 24.29    Sec. 4. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read: 24.30    Subdivision 1. Establishment. The secretary of state shall maintain a statewide 24.31voter registration system to facilitate voter registration and to provide a central database 24.32containing voter registration information from around the state. The system must be 24.33accessible to the county auditor of each county in the state. The system must also: 25.1(1) provide for voters to submit their voter registration applications to any county 25.2auditor, the secretary of state, or the Department of Public Safety; 25.3(2) provide for the definition, establishment, and maintenance of a central database 25.4for all voter registration information; 25.5(3) provide for entering data into the statewide registration system; 25.6(4) provide for electronic transfer of completed voter registration applications from 25.7the Department of Public Safety to the secretary of state or the county auditor; 25.8(5) assign a unique new text begin , permanent new text end identifier to each legally registered voter in the state; 25.9(6) provide for the acceptance of the Minnesota driver's license number, Minnesota 25.10state identification number, and last four digits of the Social Security number for each 25.11voter record; 25.12(7) coordinate with other agency databases within the state; 25.13(8) allow county auditors and the secretary of state to add or modify information in 25.14the system to provide for accurate and up-to-date records; 25.15(9) allow county auditors, municipal and school district clerks, and the secretary 25.16of state to have electronic access to the statewide registration system for review and 25.17search capabilities; 25.18(10) provide security and protection of all information in the statewide registration 25.19system and ensure that unauthorized access is not allowed; 25.20(11) provide access to municipal clerks to use the system; 25.21(12) provide a system for each county to identify the precinct to which a voter 25.22should be assigned for voting purposes; 25.23(13) provide daily reports accessible by county auditors on the driver's license 25.24numbers, state identification numbers, or last four digits of the Social Security numbers 25.25submitted on voter registration applications that have been verified as accurate by the 25.26secretary of state; and 25.27(14) provide reports on the number of absentee ballots transmitted to and returned 25.28and cast by voters under section 203B.16 new text begin ; and new text end 25.29 new text begin (15) provide reports on individuals who are not registered and reported to be new text end 25.30 new text begin ineligible to vote, to the extent permitted by federal law new text end . 25.31The appropriate state or local official shall provide security measures to prevent 25.32unauthorized access to the computerized list established under section 201.021. 25.33    Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read: 25.34    Subd. 4. Registration by election judges; procedures. Registration at the polling 25.35place on election day shall be conducted by the election judges. Before registering an 26.1individual to vote at the polling place, the election judge must review any list of absentee 26.2election day registrants provided by the county auditor or municipal clerk to see if the 26.3person has already voted by absentee ballot. If the person's name appears on the list, the 26.4election judge must not allow the individual to register or to vote in the polling place. new text begin The new text end 26.5 new text begin election judges shall also review the list of individuals reported to be ineligible to vote new text end 26.6 new text begin using the electronic roster, or a paper list provided by the county auditor or municipal clerk. new text end 26.7The election judge who registers an individual at the polling place on election day shall not 26.8handle that voter's ballots at any time prior to the opening of the ballot box after the voting 26.9ends. Registration applications and forms for oaths shall be available at each polling place. 26.10If an individual who registers on election day proves residence by oath of a registered 26.11voter, the form containing the oath shall be attached to the individual's registration 26.12application. Registration applications completed on election day shall be forwarded to the 26.13county auditor who shall add the name of each voter to the registration system unless the 26.14information forwarded is substantially deficient. A county auditor who finds an election 26.15day registration substantially deficient shall give written notice to the individual whose 26.16registration is found deficient. An election day registration shall not be found deficient 26.17solely because the individual who provided proof of residence was ineligible to do so. 26.18    Sec. 6. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read: 26.19    Subd. 7. Record of attempted registrations. The election judge responsible for 26.20election day registration shall attempt to keep a record of the number of individuals who 26.21attempt to register on election day but who cannot provide proof of residence as required 26.22by this section. The record shall be forwarded to the county auditor with the election 26.23returns for that precinct. 26.24    Sec. 7. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read: 26.25    Subd. 3. Deficient registration. No voter registration application is deficient if it 26.26contains the voter's name, address, date of birth, current and valid Minnesota driver's 26.27license number or Minnesota state identification number, or if the voter has no current and 26.28valid Minnesota driver's license or Minnesota state identification number, the last four 26.29digits of the voter's Social Security number, if the voter has been issued a Social Security 26.30number, prior registration, if any, and signature. The absence of a zip code number does 26.31not cause the registration to be deficient. Failure to check a box on an application form 26.32that a voter has certified to be true does not cause the registration to be deficient. The 26.33election judges shall request an individual to correct a voter registration application if it is 26.34deficient or illegible. No eligible voter may be prevented from voting unless the voter's 27.1registration application is deficient or the voter is duly and successfully challenged in 27.2accordance with section 201.195 or 204C.12. 27.3    A voter registration application accepted prior to August 1, 1983, is not deficient for 27.4lack of date of birth. The county or municipality may new text begin shall new text end attempt to obtain the date of 27.5birth for a voter registration application accepted prior to August 1, 1983, by a request to 27.6the voter at any time except at the polling place. Failure by the voter to comply with this 27.7request does not make the registration deficient. 27.8    A voter registration application accepted before January 1, 2004, is not deficient for 27.9lack of a valid Minnesota driver's license or state identification number new text begin , voter identification new text end 27.10 new text begin card number, new text end or the last four digits of a Social Security number. A voter registration 27.11application submitted by a voter who does not have a Minnesota driver's license or state 27.12identification number, new text begin voter identification card number, new text end or a Social Security number, is not 27.13deficient for lack of any of these numbers. 27.14    Sec. 8. Minnesota Statutes 2010, section 201.081, is amended to read: 27.15201.081 REGISTRATION FILES. 27.16    The statewide registration system is the official record of registered voters. The voter 27.17registration applications and the terminal providing access to the statewide registration 27.18system must be under the control of the county auditor or the public official to whom the 27.19county auditor has delegated the responsibility for maintaining voter registration records. 27.20The voter registration applications and terminals providing access to the statewide 27.21registration system must not be removed from the control of the county auditor except 27.22as provided in this section. The county auditor may make photographic copies of voter 27.23registration applications in the manner provided by section 138.17. 27.24    A properly completed voter registration application that has been submitted to the 27.25secretary of state or a county auditor must be maintained by the secretary of state or 27.26the county auditor for at least 22 new text begin 36 new text end months after the date that the information on the 27.27application is entered into the database of the statewide registration system. The secretary 27.28of state or the county auditor may dispose of the applications after retention for 22 new text begin 36 new text end 27.29months in the manner provided by section 138.17. 27.30    Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read: 27.31    Subdivision 1. Entry of registration information. (a) At the time a voter 27.32registration application is properly completed, submitted, and received in accordance with 27.33sections 201.061 and 201.071, the county auditor shall enter the information contained on 27.34it into the statewide registration system. Voter registration applications completed before 28.1election day must be entered into the statewide registration system within ten days after 28.2they have been submitted to the county auditor. Voter registration applications completed 28.3on election day must be entered into the statewide registration system within 42 days after 28.4the election, unless the county auditor notifies the secretary of state before the 42-day 28.5deadline has expired that the deadline will not be met. 28.6(b) Upon receiving a completed voter registration application, the secretary of state 28.7may electronically transmit the information on the application to the appropriate county 28.8auditor as soon as possible for review by the county auditor before final entry into the 28.9statewide registration system. The secretary of state may mail the voter registration 28.10application to the county auditor. 28.11(c) Within ten days after the county auditor has entered information from a voter 28.12registration application into the statewide registration system, the secretary of state shall 28.13compare the voter's name, date of birth, and driver's license number, state identification 28.14number, new text begin voter identification card number, new text end or the last four digits of the Social Security 28.15number with the same information contained in the Department of Public Safety database. 28.16(d) The secretary of state shall provide a report to the county auditor on a weekly 28.17basis that includes a list of voters whose name, date of birth, or identification number have 28.18been compared with the same information in the Department of Public Safety database 28.19and cannot be verified as provided in this subdivision. The report must list separately 28.20those voters who have submitted a voter registration application by mail and have not 28.21voted in a federal election in this state. 28.22(e) The county auditor shall compile a list of voters for whom the county auditor 28.23and the secretary of state are unable to conclude that information on the voter registration 28.24application and the corresponding information in the Department of Public Safety database 28.25relate to the same person. 28.26(f) The county auditor shall send a notice of incomplete registration to any voter 28.27whose name appears on the list and change the voter's status to "incomplete." A voter who 28.28receives a notice of incomplete registration from the county auditor may either provide 28.29the information required to complete the registration at least 21 days before the next 28.30election or at the polling place on election day. 28.31    Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read: 28.32    Subd. 3. Postelection sampling. Within ten days after an election, the county 28.33auditor shall send the notice required by subdivision 2 to a random sampling of the 28.34individuals registered on election day. The random sampling shall be determined in 28.35accordance with the rules of the secretary of state. As soon as practicable after the 29.1election, new text begin but no later than January 1 of the following year, new text end the county auditor shall mail 29.2the notice required by subdivision 2 to all other individuals registered on election day. 29.3If a notice is returned as not deliverable, the county auditor shall attempt to determine 29.4the reason for the return. A county auditor who does not receive or obtain satisfactory 29.5proof of an individual's eligibility to vote shall immediately notify the county attorney of 29.6all of the relevant information and the secretary of state of the numbers by precinct. By 29.7March 1 of every odd-numbered year, the secretary of state shall report to the chair and 29.8ranking minority members of the legislative committees with jurisdiction over elections 29.9the number of notices reported under this subdivision to the secretary of state for the 29.10previous state general election by county and precinct. 29.11    Sec. 11. Minnesota Statutes 2010, section 201.171, is amended to read: 29.12201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 29.13REGISTRATION REMOVED. 29.14    Within six weeks after every election, the county auditor shall post the voting 29.15history for every person who voted in the election. After the close of the calendar year, the 29.16secretary of state shall determine if any registrants have not voted during the preceding 29.17four years. The secretary of state shall perform list maintenance by changing the status of 29.18those registrants to "inactive" in the statewide registration system. The list maintenance 29.19performed must be conducted in a manner that ensures that the name of each registered 29.20voter appears in the official list of eligible voters in the statewide registration system. 29.21A voter must not be removed from the official list of eligible voters unless the voter is 29.22not eligible or is not registered to vote. List maintenance must include procedures for 29.23eliminating duplicate names from the official list of eligible voters. 29.24    The secretary of state shall also prepare a report to the county auditor containing the 29.25names of all registrants whose status was changed to "inactive." 29.26    Registrants whose status was changed to "inactive" must register in the manner 29.27specified in section 201.054 before voting in any primary, special primary, general, school 29.28district, or special election, as required by section 201.018. 29.29    Although not counted in an election, a late or rejected absentee or mail ballot must 29.30be considered a vote for the purpose of continuing registration under this section, but is 29.31not considered voting history for the purpose of public information lists available under 29.32section 201.091, subdivision 4. 29.33    Sec. 12. new text begin [201.197] CHALLENGED ELIGIBILITY LIST. new text end 30.1 new text begin (a) The secretary of state shall maintain an electronic database of individuals not new text end 30.2 new text begin registered and who are reported to be ineligible to vote under section 201.014. The new text end 30.3 new text begin database may be maintained as a module of the statewide voter registration system, if new text end 30.4 new text begin permitted by federal law, or maintained as a separate database, and at a minimum must new text end 30.5 new text begin include an individual's name, address of residence, date of birth, the reason the individual new text end 30.6 new text begin is reported to be ineligible to vote and, if available, the individual's driver's license or new text end 30.7 new text begin state identification card number, or the last four digits of the individual's Social Security new text end 30.8 new text begin number. Entries in the database shall be compiled using data submitted to the secretary of new text end 30.9 new text begin state under this chapter. new text end 30.10 new text begin (b) An elections official processing a voter registration application must verify new text end 30.11 new text begin whether the individual listed on the application is included in the database of individuals new text end 30.12 new text begin reported to be ineligible to vote. If the individual is listed in the database, the voter new text end 30.13 new text begin registration application may be accepted, but the voter's status must be listed as new text end 30.14 new text begin "challenged." An election judge processing a voter registration application submitted by a new text end 30.15 new text begin voter in a polling place on election day must verify the application using the electronic new text end 30.16 new text begin roster, or if the polling place does not have an electronic roster, using a paper list provided new text end 30.17 new text begin by the county auditor. A paper list used for verification in a polling place may be limited new text end 30.18 new text begin to only those individuals reported to be residents of the county in which the precinct new text end 30.19 new text begin is located. new text end 30.20    Sec. 13. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read: 30.21    Subd. 3. Procedures for polling place rosters. The secretary of state shall 30.22prescribe the form of polling place rosters that include the voter's name, address, date of 30.23birth, school district number, and space for the voter's signature. The secretary of state 30.24may prescribe additional election-related information to be placed on the polling place 30.25rosters on an experimental basis for one state primary and general election cycle; the same 30.26information may not be placed on the polling place roster for a second state primary and 30.27general election cycle unless specified in this subdivision. The polling place roster must 30.28be used to indicate whether the voter has voted in a given election. The secretary of state 30.29shall prescribe procedures for transporting the polling place rosters to the election judges 30.30for use on election day. The secretary of state shall prescribe the form for a county or 30.31municipality to request the date of birth from currently registered voters. The county or 30.32municipality shall not request the date of birth from currently registered voters by any 30.33communication other than the prescribed form and the form must clearly indicate that a 30.34currently registered voter does not lose registration status by failing to provide the date of 31.1birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 31.2polling place rosters used on the date of election for 22 new text begin 36 new text end months following the election. 31.3    Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read: 31.4    Subdivision 1. Application procedures. new text begin (a) new text end Except as otherwise allowed by 31.5subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 31.6any election may be submitted at any time not less than one day before the day of that 31.7election. The county auditor shall prepare absentee ballot application forms in the format 31.8provided by the secretary of state and shall furnish them to any person on request. By 31.9January 1 of each even-numbered year, the secretary of state shall make the forms to be 31.10used available to auditors through electronic means. An application submitted pursuant to 31.11this subdivision shall be in writing and shall be submitted to: 31.12    (1) the county auditor of the county where the applicant maintains residence; or 31.13    (2) the municipal clerk of the municipality, or school district if applicable, where 31.14the applicant maintains residence. 31.15     new text begin (b) new text end An application shall be approved if it is timely received, signed and dated by the 31.16applicant, new text begin and new text end contains new text begin : new text end 31.17 new text begin (1) new text end the applicant's name and residence and mailing addresses, new text begin ; new text end 31.18 new text begin (2) the applicant's new text end date of birth, and at least one of the following: new text begin ; new text end 31.19 new text begin (3) the applicant's Minnesota driver's license number, Minnesota state identification new text end 31.20 new text begin card number, or Minnesota voter identification card number; and new text end 31.21 new text begin (4) the last four digits of the applicant's Social Security number or a statement that new text end 31.22 new text begin the applicant does not have a Social Security number. new text end 31.23(1) the applicant's Minnesota driver's license number; 31.24(2) Minnesota state identification card number; 31.25(3) the last four digits of the applicant's Social Security number; or 31.26(4) a statement that the applicant does not have any of these numbers. 31.27To be approved, the application must state that the applicant is eligible to vote by 31.28absentee ballot for one of the reasons specified in section 203B.02, and must contain an 31.29oath that the information contained on the form is accurate, that the applicant is applying 31.30on the applicant's own behalf, and that the applicant is signing the form under penalty 31.31of perjury. 31.32 new text begin Prior to approval, the county auditor or municipal clerk must verify that the new text end 31.33 new text begin Minnesota driver's license, state identification card number, or voter identification card new text end 31.34 new text begin number submitted by an applicant is valid and assigned to that applicant. An application new text end 31.35 new text begin that contains a driver's license or identification card number that is invalid or not assigned new text end 32.1 new text begin to the applicant must be rejected. The county auditor or municipal clerk must also verify new text end 32.2 new text begin that the applicant does not appear on any lists of reported ineligible voters maintained by new text end 32.3 new text begin the county auditor or municipal clerk, or provided to the county auditor or municipal clerk new text end 32.4 new text begin by the secretary of state. When verifying eligibility, the county auditor or municipal new text end 32.5 new text begin clerk must use the same standards and process as used for individuals appearing in the new text end 32.6 new text begin polling place on election day, except that an applicant is not required to appear in person new text end 32.7 new text begin or present photo identification meeting the standards of section 204C.10, subdivision 2. new text end 32.8 new text begin (c) new text end An applicant's full date of birth, Minnesota driver's license or new text begin , new text end state identification new text begin , new text end 32.9 new text begin or voter identification card new text end number, and the last four digits of the applicant's Social 32.10Security number must not be made available for public inspection. An application may be 32.11submitted to the county auditor or municipal clerk by an electronic facsimile device. An 32.12application mailed or returned in person to the county auditor or municipal clerk on behalf 32.13of a voter by a person other than the voter must be deposited in the mail or returned in 32.14person to the county auditor or municipal clerk within ten days after it has been dated by 32.15the voter and no later than six days before the election. The absentee ballot applications 32.16or a list of persons applying for an absentee ballot may not be made available for public 32.17inspection until the close of voting on election day. 32.18    An application under this subdivision may contain an application under subdivision 32.195 to automatically receive an absentee ballot application. 32.20    Sec. 15. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read: 32.21    Subd. 2. Health care patient. An eligible voter who on the day before an election 32.22becomes a resident or patient in a health care facility or hospital located in the municipality 32.23in which the eligible voter maintains residence may apply for new text begin an new text end absentee ballots new text begin ballot new text end on 32.24election day if the voter: 32.25(a) requests an application form by telephone from the municipal clerk new text begin by telephone new text end 32.26not new text begin no new text end later than 5:00 p.m. on the day before election day; or 32.27(b) submits an absentee ballot application to the election judges engaged in 32.28delivering absentee ballots pursuant to section . 32.29    Sec. 16. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read: 32.30    Subd. 5. Preservation of records. An application for absentee ballots shall be 32.31dated by the county auditor or municipal clerk when it is received and shall be initialed 32.32when absentee ballots are mailed or delivered to the applicant. All applications shall be 32.33preserved by the county auditor or municipal clerk for 22 new text begin 36 new text end months. 33.1    Sec. 17. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read: 33.2    Subdivision 1. Establishment; applicable laws. (a) The governing body of each 33.3county, municipality, and school district with responsibility to accept and reject absentee 33.4ballots must, by ordinance or resolution, establish a ballot board. The board must consist 33.5of a sufficient number of election judges trained in the handling of absentee ballots and 33.6appointed as provided in sections 204B.19 to 204B.22. The board may include staff 33.7trained as election judges. 33.8(b) Each jurisdiction must pay a reasonable compensation to each member of that 33.9jurisdiction's ballot board for services rendered during an election. 33.10(c) new text begin A ballot board may only meet to perform its duties under this chapter during the new text end 33.11 new text begin period in which completed absentee ballots are accepted for an election. The time and new text end 33.12 new text begin place of each meeting must be scheduled, announced, and posted on the Web site of the new text end 33.13 new text begin governing body of the county, municipality, or school district at least 14 days prior to new text end 33.14 new text begin convening the first meeting of the ballot board for an election. If the governing body of new text end 33.15 new text begin the county, municipality, or school district does not have a Web site, the time and place new text end 33.16 new text begin of each meeting must be posted, in writing, on the principal bulletin board of the body. new text end 33.17 new text begin Meetings of the ballot board must be convened at the same time and in the same location. new text end 33.18 new text begin The ballot board must also meet on any day during which the county or municipal offices new text end 33.19 new text begin are open for the purposes of conducting election business prior to an election. A ballot new text end 33.20 new text begin board may not meet except during regularly scheduled meetings announced and posted as new text end 33.21 new text begin required by this paragraph. new text end 33.22 new text begin (d) new text end Except as otherwise provided by this section, all provisions of the Minnesota 33.23Election Law apply to a ballot board. 33.24    Sec. 18. Minnesota Statutes 2010, section 204B.21, subdivision 2, is amended to read: 33.25    Subd. 2. Appointing authority; powers and duties. Election judges for precincts 33.26in a municipality shall be appointed by the governing body of the municipality. Election 33.27judges for precincts in unorganized territory and for performing election-related duties 33.28assigned by the county auditor shall be appointed by the county board. Election judges for 33.29a precinct composed of two or more municipalities must be appointed by the governing 33.30body of the municipality or municipalities responsible for appointing election judges 33.31as provided in the agreement to combine for election purposes. Except as otherwise 33.32provided in this section, appointments shall be made from lists furnished pursuant to 33.33subdivision 1 subject to the eligibility requirements and other qualifications established 33.34or authorized under section 204B.19. At least two election judges in each precinct must 33.35be affiliated with different major political parties. If no lists have been furnished or if 34.1additional election judges are required after all listed names in that municipality have 34.2been exhausted, the appointing authority may appoint other individuals who meet the 34.3qualifications to serve as an election judge, including persons who are not affiliated with a 34.4major political party. The appointments shall be made at least 25 days before the election 34.5at which the election judges will serve, except that the appointing authority may pass a 34.6resolution authorizing the appointment of additional election judges within the 25 days 34.7before the election if the appointing authority determines that additional election judges 34.8will be required. new text begin Notwithstanding any other provision of law, an individual serving as an new text end 34.9 new text begin election judge is not an employee of a school district, regardless of whether an office of new text end 34.10 new text begin the school district appears on the ballot in the precinct at the election. new text end 34.11    Sec. 19. Minnesota Statutes 2010, section 204B.40, is amended to read: 34.12204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 34.13DISPOSITION; INSPECTION OF BALLOTS. 34.14The county auditors, municipal clerks, and school district clerks shall retain all 34.15election materials returned to them after any election for at least 22 new text begin 36 new text end months from 34.16the date of that election. All election materials involved in a contested election must be 34.17retained for 22 new text begin 36 new text end months or until the contest has been finally determined, whichever is 34.18later. Abstracts filed by canvassing boards shall be retained permanently by any officer 34.19with whom those abstracts are filed. Election materials no longer required to be retained 34.20pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. 34.21Sealed envelopes containing voted ballots must be retained unopened, except as provided 34.22in this section, in a secure location. The county auditor, municipal clerk, or school district 34.23clerk shall not permit any voted ballots to be tampered with or defaced. 34.24After the time for filing a notice of contest for an election has passed, the secretary 34.25of state may, for the purpose of monitoring and evaluating election procedures: (1) 34.26open the sealed ballot envelopes and inspect the ballots for that election maintained by 34.27the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 34.28place rosters and completed voter registration applications; or (3) examine other forms 34.29required in the Minnesota election laws for use in the polling place. No inspected ballot or 34.30document may be marked or identified in any manner. After inspection, all ballots must be 34.31returned to the ballot envelope and the ballot envelope must be securely resealed. Any 34.32other election materials inspected or examined must be secured or resealed. No polling 34.33place roster may be inspected until the voting history for that precinct has been posted. 34.34No voter registration application may be inspected until the information on it has been 34.35entered into the statewide registration system. 35.1    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read: 35.2    Subdivision 1. Determination of proper number. The election judges shall 35.3determine the number of ballots to be counted by adding the number of return envelopes 35.4from accepted absentee ballots to the number of signed voter's certificates, or to the 35.5number of names entered in the election register new text begin counting the number of original voter new text end 35.6 new text begin signatures contained in the polling place roster, or on voter's receipts generated from an new text end 35.7 new text begin electronic roster. The election judges may not count the number of voter receipts collected new text end 35.8 new text begin in the precinct as a substitute for counting original voter signatures unless the voter new text end 35.9 new text begin receipts contain the name, voter identification number, and signature of the voter to whom new text end 35.10 new text begin the receipt was issued new text end . The election judges shall then remove all the ballots from the box. 35.11Without considering how the ballots are marked, the election judges shall ascertain that 35.12each ballot is separate and shall count them to determine whether the number of ballots in 35.13the box corresponds with the number of ballots to be counted. 35.14    Sec. 21. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read: 35.15    Subd. 2. Excess ballots. If two or more ballots are found folded together like 35.16a single ballot, the election judges shall lay them aside until all the ballots in the box 35.17have been counted. If it is evident from the number of ballots to be counted that the 35.18ballots folded together were cast by one voter, the election judges shall preserve but not 35.19count them. If the number of ballots in one box exceeds the number to be counted, the 35.20election judges shall examine all the ballots in the box to ascertain that all are properly 35.21marked with the initials of the election judges. If any ballots are not properly marked with 35.22the initials of the election judges, the election judges shall preserve but not count them; 35.23however, if the number of ballots does not exceed the number to be counted, the absence 35.24of either or both sets of initials of the election judges does not, by itself, disqualify the 35.25vote from being counted and must not new text begin but may new text end be the basis of a challenge in a recount. 35.26If there is still an excess of properly marked ballots, the election judges shall replace 35.27them in the box, and one election judge, without looking, shall withdraw from the box 35.28a number of ballots equal to the excess. The withdrawn ballots shall not be counted but 35.29shall be preserved as provided in subdivision 4. 35.30    Sec. 22. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read: 35.31    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees 35.32with the number of ballots to be counted, those ballots not counted shall be new text begin clearly marked new text end 35.33 new text begin "excess" on the front of the ballot and new text end attached to a certificate made by the election judges 35.34which states new text begin the number of ballots not counted and new text end why the ballots new text begin they new text end were not counted. 36.1The certificate and uncounted ballots shall be sealed in a separate envelope and returned 36.2to new text begin clearly marked "excess ballots." The election judges shall sign their names over the new text end 36.3 new text begin envelope seal and return the ballots to new text end the county auditor or municipal or school district 36.4clerk from whom they were received. new text begin Tabulation of vote totals from a precinct where new text end 36.5 new text begin excess ballots were removed from the ballot box shall be completed by the canvassing new text end 36.6 new text begin board responsible for certifying the election results from that precinct. new text end 36.7    Sec. 23. Minnesota Statutes 2010, section 204C.20, is amended by adding a 36.8subdivision to read: 36.9     new text begin Subd. 5. new text end new text begin Applicability. new text end new text begin The requirements of this section apply regardless of the new text end 36.10 new text begin voting system or method of tabulation used in a precinct. new text end 36.11    Sec. 24. Minnesota Statutes 2010, section 204C.23, is amended to read: 36.12204C.23 new text begin SPOILED, new text end DEFECTIVE new text begin , AND DUPLICATE new text end BALLOTS. 36.13 new text begin (a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election new text end 36.14 new text begin judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and new text end 36.15 new text begin returned as required by section 204C.25. new text end 36.16 new text begin (b) new text end A ballot that is defective to the extent that the election judges are unable to 36.17determine the voter's intent shall be marked on the back "Defective" if it is totally 36.18defective or "Defective as to ......," naming the office or question if it is defective only in 36.19part. new text begin Defective ballots must be placed in an envelope designated for defective ballots from new text end 36.20 new text begin the precinct, sealed, and returned as required by section 204C.25. new text end 36.21 new text begin (c) A damaged or defective ballot that requires duplication must be handled as new text end 36.22 new text begin required by section 206.86, subdivision 5. new text end 36.23    Sec. 25. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read: 36.24    Subdivision 1. Information requirements. Precinct summary statements shall be 36.25submitted by the election judges in every precinct. For all elections, the election judges 36.26shall complete three or more copies of the summary statements, and each copy shall 36.27contain the following information for each kind of ballot: 36.28(a) new text begin (1) new text end the number of ballots delivered to the precinct as adjusted by the actual count 36.29made by the election judges, the number of unofficial ballots made, and the number of 36.30absentee ballots delivered to the precinct; 36.31(b) new text begin (2) new text end the number of votes each candidate received or the number of yes and no 36.32votes on each question, the number of undervotes, the number of overvotes, and the 36.33number of defective ballots with respect to each office or question; 37.1(c) new text begin (3) new text end the number of spoiled ballots, the number of duplicate ballots made, the 37.2number of absentee ballots rejected, and the number of unused ballots, presuming that the 37.3total count provided on each package of unopened prepackaged ballots is correct; 37.4 new text begin (4) the number of ballots cast; new text end 37.5(d) new text begin (5) new text end the number of individuals who voted at the election in the precinct new text begin voter new text end 37.6 new text begin signatures contained on the polling place roster or on voter receipts generated by an new text end 37.7 new text begin electronic roster, new text end which must equal the total number of ballots cast in the precinct, as 37.8required by sections 204C.20 and 206.86, subdivision 1; 37.9 new text begin (6) the number of excess ballots removed by the election judges, as required by new text end 37.10 new text begin section 204C.20; new text end 37.11(e) new text begin (7) new text end the number of voters registering on election day in that precinct; and 37.12(f) new text begin (8) new text end the signatures of the election judges who counted the ballots certifying that 37.13all of the ballots cast were properly piled, checked, and counted; and that the numbers 37.14entered by the election judges on the summary statements correctly show the number of 37.15votes cast for each candidate and for and against each question. 37.16At least two copies of the summary statement must be prepared for elections not 37.17held on the same day as the state elections. 37.18    Sec. 26. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read: 37.19    Subdivision 1. At the voting location new text begin Precinct polling locations; duties; new text end 37.20 new text begin reconciliation new text end . In precincts where an electronic voting system is used, as soon as the polls 37.21are closed the election judges shall secure the voting systems against further voting. They 37.22shall then open the ballot box and count the number of ballot cards new text begin ballots new text end or envelopes 37.23containing ballot cards new text begin ballots new text end that have been cast to determine that the number of ballot 37.24cards new text begin ballots new text end does not exceed the number of voters shown on new text begin original voter signatures new text end 37.25 new text begin contained in new text end the election register or registration file new text begin polling place roster or on voter receipts new text end 37.26 new text begin generated from an electronic roster. The election judges may not count the number of new text end 37.27 new text begin voter receipts collected in the precinct as a substitute for counting original voter signatures new text end 37.28 new text begin unless the voter receipts contain the name, voter identification number, and signature of new text end 37.29 new text begin the voter to whom the receipt was issued new text end . If there is an excess, the judges shall seal the 37.30ballots in a ballot container and transport the container to the county auditor or municipal 37.31clerk who shall process the ballots in the same manner as paper ballots are processed in 37.32section 204C.20, subdivision 2, then enter the ballots into the ballot counter new text begin proceed in the new text end 37.33 new text begin manner required for excess ballots under section 204C.20, subdivisions 2 to 4 new text end . The total 37.34number of voters must be entered on the forms provided. The judges shall next count the 37.35write-in votes and enter the number of those votes on forms provided for the purpose. 38.1    Sec. 27. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read: 38.2    Subd. 2. Transportation of ballot cards new text begin ballots new text end . The judges shall place all voted 38.3ballot cards, new text begin excess ballots, new text end defective ballots, and damaged ballots in the container 38.4provided for transporting them to the counting center. The container must be sealed and 38.5delivered immediately to the counting center by two judges who are not of the same major 38.6political party. The judges shall also deliver to the counting center in a suitable container 38.7the unused ballot cards new text begin ballots new text end , the spoiled ballot envelope, and the ballot envelopes issued 38.8to the voters and deposited during the day in the ballot box. 38.9    Sec. 28. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read: 38.10    Subdivision 1. Manner; time; contents. Service of a notice of contest must be 38.11made in the same manner as the service of summons in civil actions. The notice of contest 38.12must specify the grounds on which the contest will be made. The contestant shall serve 38.13notice of the contest on the parties enumerated in this section. Notice must be served and 38.14filed within five days after the canvass is completed in the case of a primary or special 38.15primary or within seven days after the canvass is completed in the case of a special or 38.16general election; except that new text begin : new text end 38.17 new text begin (1) new text end if a contest is based on a deliberate, serious, and material violation of the election 38.18laws which was discovered from the statements of receipts and disbursements required 38.19to be filed by candidates and committees, the action may be commenced and the notice 38.20served and filed within ten days after the filing of the statements in the case of a general 38.21or special election or within five days after the filing of the statements in the case of a 38.22primary or special primary. new text begin ; new text end 38.23 new text begin (2) new text end if a notice of contest questions only which party received the highest number 38.24of votes legally cast at the election, a contestee who loses may serve and file a notice of 38.25contest on any other ground during the three days following expiration of the time for 38.26appealing the decision on the vote count new text begin ; and new text end 38.27 new text begin (3) if data or documents necessary to determine grounds for a contest, including but new text end 38.28 new text begin not limited to lists of the names of every voter who participated in an election, are not new text end 38.29 new text begin available to a candidate or the general public prior to the close of the period for filing a new text end 38.30 new text begin notice of contest under this section due to nonfeasance, malfeasance, or failure to perform new text end 38.31 new text begin duties within the time required by statute on the part of the secretary of state, a county new text end 38.32 new text begin auditor, or other state, county, or municipal election official, a notice of contest may be new text end 38.33 new text begin served and filed within seven days after the data or documents become available for new text end 38.34 new text begin inspection by the candidates and the general public new text end . 39.1    Sec. 29. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read: 39.2    Subdivision 1. Appointment of inspectors. After a contest has been instituted, 39.3either party may have the ballots new text begin all materials relating to the election, including, but not new text end 39.4 new text begin limited to, polling place rosters, voter registration applications, accepted absentee ballot new text end 39.5 new text begin envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct new text end 39.6 new text begin summary statements, printouts from voting machines, and precinct incident logs, new text end inspected 39.7before preparing for trial. The party requesting an inspection shall file with the district 39.8court where the contest is brought a verified petition, stating that the case cannot properly 39.9be prepared for trial without an inspection of the ballots new text begin and other election materials new text end and 39.10designating the precincts in which an inspection is desired. A judge of the court in which 39.11the contest is pending shall then appoint as many sets of three inspectors for a contest of 39.12any office or question as are needed to count and inspect the ballots expeditiously. One 39.13inspector must be selected by each of the parties to the contest and a third must be chosen 39.14by those two inspectors. If either party neglects or refuses to name an inspector, the judge 39.15shall appoint the inspector. The compensation of inspectors is the same as for referees, 39.16unless otherwise stipulated. 39.17    Sec. 30. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read: 39.18    Subdivision 1. Soliciting near polling places. A person may not display campaign 39.19material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within 39.20a polling place or within 100 feet of the building in which a polling place is situated, 39.21or anywhere on the public property on which a polling place is situated, on primary or 39.22election day to vote for or refrain from voting for a candidate or ballot question. A person 39.23may not provide political badges, political buttons, or other political insignia to be worn at 39.24or about the polling place on the day of a primary or election. A political badge, political 39.25button, or other political insignia may not be worn at or about the polling place on primary 39.26or election day new text begin if it is designed to influence voting for or against a particular candidate, new text end 39.27 new text begin political party, or question on the ballot at the election new text end . This section applies to areas 39.28established by the county auditor or municipal clerk for absentee voting as provided in 39.29chapter 203B. 39.30The secretary of state, county auditor, municipal clerk, or school district clerk may 39.31provide stickers which contain the words "I VOTED" and nothing more. Election judges 39.32may offer a sticker of this type to each voter who has signed the polling place roster new text begin new text end 39.33 new text begin or a voter's receipt new text end . 39.34    Sec. 31. new text begin PROPOSED LEGISLATION. new text end 40.1 new text begin By January 15, 2012, the secretary of state must report to the legislature proposed new text end 40.2 new text begin legislation to amend matters currently contained in administrative rules as necessary new text end 40.3 new text begin to implement or make specific this act. To the greatest extent practical, this proposed new text end 40.4 new text begin legislation must propose codifying into law matters that otherwise would be enacted new text end 40.5 new text begin through the administrative rulemaking process. new text end 40.6 new text begin To the extent that codifying matters into law is not practical, the proposed legislation new text end 40.7 new text begin must direct, by law, specific changes to be made in administrative rules so that no new text end 40.8 new text begin interpretation of the law by the secretary of state would be necessary, and use of the good new text end 40.9 new text begin cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate new text end 40.10 new text begin if the legislature authorizes use of this process. new text end 40.11    Sec. 32. new text begin REPEALER. new text end 40.12 new text begin Minnesota Statutes 2010, sections 203B.04, subdivision 3, new text end new text begin is repealed. new text end 40.13ARTICLE 3 40.14ELECTRONIC ROSTERS 40.15    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a 40.16subdivision to read: 40.17     new text begin Subd. 12a. new text end new text begin Polling place roster. new text end new text begin "Polling place roster" means the official lists used new text end 40.18 new text begin to record a voter's appearance in a polling place on election day, including the list of new text end 40.19 new text begin registered voters in the precinct, and the list of voters registering on election day. A polling new text end 40.20 new text begin place roster may be in a printed or electronic format, as permitted by section 201.225. new text end 40.21    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read: 40.22    Subd. 3. Procedures for polling place rosters. The secretary of state shall 40.23prescribe the form of polling place rosters that include the voter's name, address, date of 40.24birth, school district number, and space for the voter's signature. new text begin A polling place roster new text end 40.25 new text begin provided in an electronic form must allow for a printed voter's receipt that meets the new text end 40.26 new text begin standards provided in section 201.225, subdivision 2. new text end The secretary of state may prescribe 40.27additional election-related information to be placed on the polling place rosters on an 40.28experimental basis for one state primary and general election cycle; the same information 40.29may not be placed on the polling place roster for a second state primary and general 40.30election cycle unless specified in this subdivision. The polling place roster must be used 40.31to indicate whether the voter has voted in a given election. The secretary of state shall 40.32prescribe procedures for transporting the polling place rosters to the election judges 40.33for use on election day. The secretary of state shall prescribe the form for a county or 41.1municipality to request the date of birth from currently registered voters. The county or 41.2municipality shall not request the date of birth from currently registered voters by any 41.3communication other than the prescribed form and the form must clearly indicate that a 41.4currently registered voter does not lose registration status by failing to provide the date of 41.5birth. In accordance with section 204B.40, the county auditor shall retain the prescribed 41.6polling place rosters used on the date of election for 22 new text begin 36 new text end months following the election. 41.7    Sec. 3. new text begin [201.225] ELECTRONIC ROSTER; STANDARDS. new text end 41.8     new text begin Subdivision 1. new text end new text begin Certification of system. new text end new text begin (a) A precinct may have a secure network new text end 41.9 new text begin of two or more computer systems to serve as the precinct's electronic polling place roster. new text end 41.10 new text begin (b) Precincts may not use an electronic roster until the secretary of state has certified new text end 41.11 new text begin that the system design and operational procedures are sufficient to prevent any voter from new text end 41.12 new text begin voting more than once at an election, and to prevent access to the system by unauthorized new text end 41.13 new text begin individuals. new text end 41.14     new text begin Subd. 2. new text end new text begin Minimum standards for electronic rosters. new text end new text begin At a minimum, an electronic new text end 41.15 new text begin roster must: new text end 41.16 new text begin (1) be preloaded with data from the statewide voter registration system, including new text end 41.17 new text begin data on individuals reported to be ineligible to vote; new text end 41.18 new text begin (2) permit all voting information processed by any computer in a precinct to be new text end 41.19 new text begin immediately accessible to all other computers in the precinct and to be transferred to the new text end 41.20 new text begin statewide voter registration system on election night or no later than one week after the new text end 41.21 new text begin election; new text end 41.22 new text begin (3) provide for a printed voter's receipt, containing the voter's name, address of new text end 41.23 new text begin residence, date of birth, voter identification number as assigned by the secretary of state, new text end 41.24 new text begin the oath required by section 204C.10, and a space for the voter's original signature; new text end 41.25 new text begin (4) immediately alert the election judge if the electronic roster indicates that a voter new text end 41.26 new text begin has already voted at the election, is ineligible to vote, does not reside in the precinct, or new text end 41.27 new text begin the voter's registration status is challenged; new text end 41.28 new text begin (5) automatically accept and input data from a scanned Minnesota driver's license, new text end 41.29 new text begin identification card, or voter identification card and match the data to an existing voter new text end 41.30 new text begin registration record, and permit manual input of voter data, if necessary; and new text end 41.31 new text begin (6) perform any other functions required for the efficient and secure administration new text end 41.32 new text begin of an election, as required by law. new text end 41.33    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read: 42.1    Subd. 2. Separate precincts; combined polling place. (a) The following shall 42.2constitute at least one election precinct: 42.3(1) each city ward; and 42.4(2) each town and each statutory city. 42.5(b) A single, accessible, combined polling place may be established no later than 42.6May 1 of any year: 42.7(1) for any city of the third or fourth class, any town, or any city having territory in 42.8more than one county, in which all the voters of the city or town shall cast their ballots; 42.9(2) for two contiguous precincts in the same municipality that have a combined 42.10total of fewer than 500 registered voters; 42.11(3) for up to four contiguous municipalities located entirely outside the metropolitan 42.12area, as defined by section 200.02, subdivision 24, that are contained in the same county; or 42.13(4) for noncontiguous precincts located in one or more counties. 42.14A copy of the ordinance or resolution establishing a combined polling place must 42.15be filed with the county auditor within 30 days after approval by the governing body. A 42.16polling place combined under clause (3) must be approved by the governing body of each 42.17participating municipality. A polling place combined under clause (4) must be approved 42.18by the governing body of each participating municipality and the secretary of state and 42.19may be located outside any of the noncontiguous precincts. A municipality withdrawing 42.20from participation in a combined polling place must do so by filing a resolution of 42.21withdrawal with the county auditor no later than April 1 of any year. 42.22The secretary of state shall provide a separate polling place roster for each precinct 42.23served by the combined polling place new text begin unless that precinct uses an electronic roster new text end . A 42.24single set of election judges may be appointed to serve at a combined polling place. The 42.25number of election judges required must be based on the total number of persons voting 42.26at the last similar election in all precincts to be voting at the combined polling place. 42.27Separate ballot boxes must be provided for the ballots from each precinct. The results of 42.28the election must be reported separately for each precinct served by the combined polling 42.29place, except in a polling place established under clause (2) where one of the precincts has 42.30fewer than ten registered voters, in which case the results of that precinct must be reported 42.31in the manner specified by the secretary of state. 42.32    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read: 42.33204C.10 PERMANENT REGISTRATION; VERIFICATION OF 42.34REGISTRATION. 43.1(a) An individual seeking to vote shall sign a polling place new text begin roster or printed voter's new text end 43.2 new text begin receipt, generated from an electronic new text end roster which states that the individual is at least 43.318 years of age, a citizen of the United States, has resided in Minnesota for 20 days 43.4immediately preceding the election, maintains residence at the address shown, is not 43.5under a guardianship in which the court order revokes the individual's right to vote, has 43.6not been found by a court of law to be legally incompetent to vote or has the right to vote 43.7because, if the individual was convicted of a felony, the felony sentence has expired or 43.8been completed or the individual has been discharged from the sentence, is registered 43.9and has not already voted in the election. The roster must also state: "I understand that 43.10deliberately providing false information is a felony punishable by not more than five years 43.11imprisonment and a fine of not more than $10,000, or both." 43.12(b) A judge may, before the applicant signs the roster new text begin or receipt new text end , confirm the 43.13applicant's name, address, and date of birth. 43.14(c) new text begin In precincts where a paper roster is used, new text end after the applicant signs the roster, the 43.15judge shall give the applicant a voter's receipt. new text begin Regardless of new text end the new text begin form of roster used, a new text end 43.16voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the 43.17voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' 43.18receipts must be maintained during the time for notice of filing an election contest new text begin for 36 new text end 43.19 new text begin months following the date of the election new text end . 43.20    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read: 43.21    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged 43.22individual who refuses to answer questions or sign a polling place roster new text begin or voter's receipt new text end 43.23as required by this section must not be allowed to vote. A challenged individual who 43.24leaves the polling place and returns later willing to answer questions or sign a polling 43.25place roster must not be allowed to vote. 43.26    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read: 43.27    Subd. 2. Voter registration. An individual may register to vote at a special primary 43.28or special election at any time before the day that the polling place rosters for the special 43.29primary or special election are prepared new text begin finally secured new text end by the secretary of state new text begin for the new text end 43.30 new text begin election new text end . The secretary of state shall provide the county auditors with notice of this date 43.31at least seven days before the printing of the rosters new text begin are secured new text end . This subdivision does 43.32not apply to a special election held on the same day as the state primary, state general 43.33election, or the regularly scheduled primary or general election of a municipality, school 43.34district, or special district. 44.1    Sec. 8. new text begin [206A.01] APPLICABILITY. new text end 44.2 new text begin This chapter applies to each designated election official who administers electronic new text end 44.3 new text begin roster systems for the purpose of conducting an election and compiling complete returns. new text end 44.4    Sec. 9. new text begin [206A.02] DEFINITIONS. new text end 44.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this section apply to this chapter. new text end 44.6     new text begin Subd. 2. new text end new text begin Designated election official. new text end new text begin "Designated election official" means the new text end 44.7 new text begin county auditor or municipal clerk. new text end 44.8     new text begin Subd. 3. new text end new text begin Elector data. new text end new text begin "Elector data" means voting information, including, but not new text end 44.9 new text begin limited to, voter registration, voting history, and voting tabulations. new text end 44.10     new text begin Subd. 4. new text end new text begin Electronic roster. new text end new text begin "Electronic roster" is a list of eligible electors in new text end 44.11 new text begin electronic format who are permitted to vote at a polling place in an election conducted new text end 44.12 new text begin under the Minnesota Election Law, which shall be processed by a computer at a precinct new text end 44.13 new text begin such that the resulting elector data is immediately accessible to all other computers in the new text end 44.14 new text begin precinct and is transferred to the county for inclusion in the statewide voter registration new text end 44.15 new text begin system no later than one week after the election. new text end 44.16    Sec. 10. new text begin [206A.03] MINIMUM CONTINGENCY AND SECURITY new text end 44.17 new text begin PROCEDURES. new text end 44.18 new text begin (a) The designated election official shall establish written security procedures new text end 44.19 new text begin covering the processing and transference of elector data. The procedures must include: new text end 44.20 new text begin (1) security covering the transmission of elector data processed through the new text end 44.21 new text begin electronic roster and reconciliation of the registration and history of voters casting ballots new text end 44.22 new text begin in a precinct; and new text end 44.23 new text begin (2) contingency procedures for network and power failure. The procedures must, at new text end 44.24 new text begin a minimum, include procedures to address all single point failures including: new text end 44.25 new text begin (i) network failure; new text end 44.26 new text begin (ii) power failure that lasts less than one hour; and new text end 44.27 new text begin (iii) power failure that lasts more than one hour. new text end 44.28 new text begin (b) Acceptable alternatives for addressing power or system failures include either: new text end 44.29 new text begin (1) a paper backup of the roster with the minimum information required to verify a new text end 44.30 new text begin voter's eligibility; or new text end 44.31 new text begin (2) a sufficient number of computers per precinct to ensure that the voter check-in new text end 44.32 new text begin continues in an efficient manner. The computers and all essential peripheral devices must new text end 44.33 new text begin have the ability to function on batteries or an external power source for up to two hours. new text end 45.1 new text begin (c) Each computer must have an electronic backup of the current roster in one of the new text end 45.2 new text begin following formats: new text end 45.3 new text begin (1) a portable document file (PDF); new text end 45.4 new text begin (2) a spreadsheet; or new text end 45.5 new text begin (3) a database with a basic look-up interface. In addition to acceptable backup new text end 45.6 new text begin roster procedures, the security procedures must address contingency procedures to protect new text end 45.7 new text begin against activities such as voting twice. new text end 45.8    Sec. 11. new text begin [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION. new text end 45.9 new text begin (a) The secretary of state shall ensure that the county connection to the statewide new text end 45.10 new text begin voter registration system is secure including details concerning encryption methodology. new text end 45.11 new text begin In addition, the connection must meet or exceed the standards provided for in this section. new text end 45.12 new text begin (b) Proven, standard algorithms must be used as the basis for encryption new text end 45.13 new text begin technologies. new text end 45.14 new text begin (c) If a connection utilizes a Virtual Private Network (VPN), the following apply: new text end 45.15 new text begin (1) it is the responsibility of the county to ensure that unauthorized users are not new text end 45.16 new text begin allowed access to internal networks; new text end 45.17 new text begin (2) VPN use is to be controlled using either a onetime password authentication such new text end 45.18 new text begin as a token device or a public/private key system with a strong passphrase; new text end 45.19 new text begin (3) when actively connected to the network, VPNs must force all traffic to and from new text end 45.20 new text begin the computer over the VPN tunnel and all other traffic must be dropped; new text end 45.21 new text begin (4) dual (split) tunneling is not permitted; only one network connection is allowed; new text end 45.22 new text begin (5) VPN gateways must be set up and managed by the county or its designee; new text end 45.23 new text begin (6) all computers connected to internal networks via VPN or any other technology new text end 45.24 new text begin must use up-to-date antivirus software; and new text end 45.25 new text begin (7) the VPN concentrator is limited to an absolute connection time of 24 hours. new text end 45.26    Sec. 12. new text begin [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION new text end 45.27 new text begin REQUIREMENTS. new text end 45.28 new text begin The designated election official shall ensure the electronic roster system complies new text end 45.29 new text begin with the following response-time standards for any computer on the system: new text end 45.30 new text begin (1) a maximum of five seconds to update voter activity; new text end 45.31 new text begin (2) a maximum of 1.5 seconds to process a voter inquiry by identification number; new text end 45.32 new text begin and new text end 45.33 new text begin (3) a maximum of 45 seconds for session startup and password verification. new text end 46.1    Sec. 13. new text begin [206A.06] ELECTRONIC ROSTER PREELECTION TESTING new text end 46.2 new text begin PROCEDURES. new text end 46.3 new text begin (a) The designated election official shall test the electronic roster application to new text end 46.4 new text begin ensure that it meets the minimum system requirements prior to the first election in which new text end 46.5 new text begin it is used. The application must also be tested after the implementation of any system new text end 46.6 new text begin modifications, including any change in the number of connected computers. The county new text end 46.7 new text begin shall indicate in the subsequent security plan whether such retesting has occurred. new text end 46.8 new text begin (b) The test must, at a minimum, include the following: new text end 46.9 new text begin (1) a load test must be demonstrated through either actual computers running at new text end 46.10 new text begin proposed bandwidth and security settings, or by simulating a load test; new text end 46.11 new text begin (2) a contingency/failure test must be demonstrated and documented illustrating the new text end 46.12 new text begin effects of failures identified in section 206A.03; and new text end 46.13 new text begin (3) all tests must be conducted with clients and servers in normal, typical, deployed new text end 46.14 new text begin operating mode. new text end 46.15 new text begin (c) All records and documentation of the testing must be retained by the designated new text end 46.16 new text begin election official for a period of 36 months as part of the election record. The testing record new text end 46.17 new text begin and documentation must include, but is not limited to, the following: new text end 46.18 new text begin (1) a formal test plan containing all test scripts used: new text end 46.19 new text begin (i) the test plan must include test environment containing make, model, type of new text end 46.20 new text begin hardware, and software versions used in testing; and new text end 46.21 new text begin (ii) the test plan must also include the number of client computers, servers, and new text end 46.22 new text begin physical locations involved in testing; new text end 46.23 new text begin (2) test logs of all events that were observed during testing, including: new text end 46.24 new text begin (i) the sequence of actions necessary to set up the tests; new text end 46.25 new text begin (ii) the actions necessary to start the tests; new text end 46.26 new text begin (iii) the actions taken during the execution of the tests; new text end 46.27 new text begin (iv) any measurements taken or observed during the tests; new text end 46.28 new text begin (v) any actions necessary to stop or shut down the tests; new text end 46.29 new text begin (vi) any actions necessary to bring the tests to a halt; and new text end 46.30 new text begin (vii) any actions necessary or taken to deal with anomalies experienced during new text end 46.31 new text begin testing; new text end 46.32 new text begin (3) performance logs and reports taken from both servers and workstations during new text end 46.33 new text begin the testing which contain performance information of: new text end 46.34 new text begin (i) network usage (bandwidth); new text end 46.35 new text begin (ii) processor utilization; new text end 46.36 new text begin (iii) Random Access Memory (RAM) utilization; and new text end 47.1 new text begin (iv) any additional performance monitoring reports necessary to explain the process new text end 47.2 new text begin taken and to support the findings of the tests; and new text end 47.3 new text begin (4) all test logs must contain the date, time, operator, test status or outcome, and any new text end 47.4 new text begin additional information to assist the secretary of state in making a determination. new text end 47.5    Sec. 14. new text begin [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR new text end 47.6 new text begin PRECINCTS EMPLOYING ELECTRONIC ROSTERS. new text end 47.7 new text begin Counties employing electronic rosters in whole or in part shall allocate computers new text end 47.8 new text begin to affected precincts based upon the total number of registered voters in each precinct new text end 47.9 new text begin 90 days preceding the primary election and historical statistics regarding election day new text end 47.10 new text begin registrants. The minimum computers required shall be on site at each precinct. Precincts new text end 47.11 new text begin employing electronic rosters shall be allocated a minimum of two computers. new text end 47.12    Sec. 15. new text begin [206A.08] WRITTEN PROCEDURES AND REPORTS. new text end 47.13 new text begin (a) Written procedures and reports required by this chapter must be submitted by a new text end 47.14 new text begin county to the secretary of state for approval no later than 60 days before the election. The new text end 47.15 new text begin secretary of state shall either approve the procedures as submitted or notify the designated new text end 47.16 new text begin election official of recommended changes. new text end 47.17 new text begin (b) If the secretary of state rejects or approves the written procedures, the secretary new text end 47.18 new text begin of state shall provide written notice of the rejection or approval, including specifics of new text end 47.19 new text begin noncompliance with this chapter within 15 days of receiving the written procedures. new text end 47.20 new text begin (c) If the secretary of state rejects the written procedures, the designated election new text end 47.21 new text begin official shall submit a revised procedure within 15 days. new text end 47.22 new text begin (d) The secretary of state shall permit the filing of the revised procedures at a later new text end 47.23 new text begin date if it is determined that compliance with the 15-day requirement is impossible. new text end 47.24    Sec. 16. new text begin LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER new text end 47.25 new text begin IMPLEMENTATION. new text end 47.26     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Legislative Task Force on Electronic Roster new text end 47.27 new text begin Implementation is established to facilitate development and implementation of electronic new text end 47.28 new text begin rosters for use in elections, as required by this article. new text end 47.29     new text begin Subd. 2. new text end new text begin Duties; considerations. new text end new text begin (a) The task force shall: new text end 47.30 new text begin (1) study and recommend options for systems that meet the standards for use in a new text end 47.31 new text begin precinct as provided in Minnesota Statutes, chapter 206A; new text end 48.1 new text begin (2) study and facilitate implementation of software updates, add-ons, or other new text end 48.2 new text begin changes to the statewide voter registration system that may be necessary to allow the new text end 48.3 new text begin system to support electronic rosters as required by Minnesota Statutes, chapter 206A; and new text end 48.4 new text begin (3) recommend to the legislature any additional changes to law that may be new text end 48.5 new text begin necessary to implement the requirements of this article. new text end 48.6 new text begin (b) Factors that must be considered by the task force in carrying out its duties new text end 48.7 new text begin include, but are not limited to: new text end 48.8 new text begin (1) ease of equipment use by election administrators, election judges, and voters; new text end 48.9 new text begin (2) cost-effectiveness; new text end 48.10 new text begin (3) feasibility of available technologies within precincts; new text end 48.11 new text begin (4) the security, integrity, and reliability of the electronic roster system and its impact new text end 48.12 new text begin on the security, integrity, and reliability of the election; and new text end 48.13 new text begin (5) minimum standards for equipment and software functionality as provided by law. new text end 48.14     new text begin Subd. 3. new text end new text begin Membership. new text end new text begin The task force consists of 16 members, as follows: new text end 48.15 new text begin (1) the speaker of the house shall appoint one member of the house of representatives, new text end 48.16 new text begin and one individual who served as a head election judge affiliated with the speaker's new text end 48.17 new text begin political party at the 2010 state general election; new text end 48.18 new text begin (2) the minority leader of the house of representatives shall appoint one member new text end 48.19 new text begin of the house, and one individual who served as a head election judge affiliated with the new text end 48.20 new text begin minority leader's political party at the 2010 state general election; new text end 48.21 new text begin (3) the majority leader of the senate shall appoint one member of the senate, and new text end 48.22 new text begin one individual who served as a head election judge affiliated with the majority leader's new text end 48.23 new text begin political party at the 2010 state general election; new text end 48.24 new text begin (4) the minority leader of the senate shall appoint one member of the senate, and new text end 48.25 new text begin one individual who served as a head election judge affiliated with the minority leader's new text end 48.26 new text begin political party at the 2010 state general election; new text end 48.27 new text begin (5) the Minnesota Association of County Auditors shall appoint one head elections new text end 48.28 new text begin administrator from a representative county with a large population, one head elections new text end 48.29 new text begin administrator from a representative county with an average-sized population, and one new text end 48.30 new text begin head elections administrator from a representative county with a small population, as new text end 48.31 new text begin defined by the association; new text end 48.32 new text begin (6) the Minnesota Association of Townships shall appoint one head elections new text end 48.33 new text begin administrator; new text end 48.34 new text begin (7) the League of Minnesota Cities shall appoint one head elections administrator; new text end 48.35 new text begin (8) the secretary of state, or the secretary's designee; new text end 48.36 new text begin (9) the director of information technology in the Office of the Secretary of State; and new text end 49.1 new text begin (10) the Chief Information Officer of the state of Minnesota, or a designee. new text end 49.2 new text begin Appointments required by this subdivision shall be made within 21 days of new text end 49.3 new text begin enactment of this article. The legislator appointed by the speaker of the house shall serve new text end 49.4 new text begin as chair of the task force. new text end 49.5     new text begin Subd. 4. new text end new text begin Report to legislature. new text end new text begin The task force shall submit a report to the legislature new text end 49.6 new text begin on its activities and recommendations no later than December 1, 2011. new text end 49.7     new text begin Subd. 5. new text end new text begin Meetings; staff. new text end new text begin (a) Meetings of the task force are subject to Minnesota new text end 49.8 new text begin Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or new text end 49.9 new text begin other data that is protected by law. new text end 49.10 new text begin (b) The director of the Legislative Coordinating Commission shall convene the first new text end 49.11 new text begin meeting of the task force no later than July 1, 2011, or within 30 days of enactment of new text end 49.12 new text begin this section, whichever is later, and shall provide staff as necessary to support the work of new text end 49.13 new text begin the task force. new text end 49.14    Sec. 17. new text begin EFFECTIVE DATE. new text end 49.15 new text begin Except where otherwise provided, this article is effective August 14, 2012, and new text end 49.16 new text begin applies to elections held on or after that date. new text end 49.17ARTICLE 4 49.18RECOUNTS 49.19    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read: 49.20204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES 49.21AGREE. 49.22    Subdivision 1. Errors of election judges. If the candidates for an office 49.23unanimously agree in writing that the election judges in any precinct have made an 49.24obvious error in the counting or recording of the votes for that office, they shall deliver the 49.25agreement to the county auditor of that county who shall reconvene the county canvassing 49.26board, if necessary, and present the agreement to it. The county canvassing board shall 49.27correct the error as specified in the agreement. 49.28    Subd. 2. Errors of county canvassing board. If the candidates for an office 49.29unanimously agree in writing that the county canvassing board has made an obvious error 49.30in the counting and recording of the vote for that office they shall notify the county auditor 49.31who shall reconvene the canvassing board. The county canvassing board shall promptly 49.32correct the error as specified in the agreement and file an amended report. When an error is 50.1corrected pursuant to this subdivision, the county canvassing board and the county auditor 50.2shall proceed in accordance with sections 204C.32 to new text begin 204C.33 and chapter 204E new text end . 50.3    Subd. 3. Errors of State Canvassing Board. If the candidates for an office 50.4unanimously agree in writing that the State Canvassing Board has made an obvious error 50.5in the counting and recording of the vote for that office they shall deliver the agreement 50.6to the secretary of state. If a certificate of election has not been issued, the secretary of 50.7state shall reconvene the State Canvassing Board and present the agreement to it. The 50.8board shall promptly correct the error as specified in the agreement and file an amended 50.9statement. When an error is corrected pursuant to this subdivision by the State Canvassing 50.10Board, the State Canvassing Board and the secretary of state shall proceed in accordance 50.11with sections 204C.32 to new text begin 204C.33 and chapter 204E new text end . 50.12    Sec. 2. new text begin [204E.01] APPLICABILITY. new text end 50.13 new text begin This chapter establishes procedures for the conduct of all automatic and discretionary new text end 50.14 new text begin recounts provided for in law. new text end 50.15    Sec. 3. new text begin [204E.02] RECOUNT OFFICIALS. new text end 50.16 new text begin (a) The secretary of state or the secretary of state's designee is the recount official new text end 50.17 new text begin for recounts conducted by the State Canvassing Board. The county auditor or the county new text end 50.18 new text begin auditor's designee is the recount official for recounts conducted by the county canvassing new text end 50.19 new text begin board. The county auditor or the county auditor's designee shall conduct recounts for new text end 50.20 new text begin county offices. The municipal clerk or the municipal clerk's designee is the recount official new text end 50.21 new text begin for recounts conducted by the municipal governing body. The school district clerk or new text end 50.22 new text begin the school district clerk's designee is the recount official for recounts conducted by the new text end 50.23 new text begin school board, or by a school district canvassing board as provided in section 205A.10, new text end 50.24 new text begin subdivision 5. new text end 50.25 new text begin (b) A recount official may delegate the duty to conduct a recount to a county auditor new text end 50.26 new text begin or municipal clerk by mutual consent. When the person who would otherwise serve as new text end 50.27 new text begin recount official is a candidate or is the employee or other subordinate, spouse, child, new text end 50.28 new text begin parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling new text end 50.29 new text begin of a candidate for the office to be recounted, the appropriate canvassing board shall select new text end 50.30 new text begin a county auditor or municipal clerk from another jurisdiction to conduct the recount. new text end 50.31 new text begin (c) As used in this chapter, "legal adviser" means counsel to the recount official and new text end 50.32 new text begin the canvassing board for the office being recounted. new text end 50.33    Sec. 4. new text begin [204E.03] SCOPE OF RECOUNTS. new text end 51.1 new text begin A recount conducted as provided in this chapter is limited in scope to the new text end 51.2 new text begin determination of the number of votes validly cast for the office to be recounted. Only the new text end 51.3 new text begin ballots cast in the election and the summary statements certified by the election judges new text end 51.4 new text begin may be considered in the recount process. Original ballots that have been duplicated new text end 51.5 new text begin under section 206.86, subdivision 5, are not within the scope of a recount and must not be new text end 51.6 new text begin examined except as provided by a court in an election contest under chapter 209. new text end 51.7    Sec. 5. new text begin [204E.04] FEDERAL, STATE, AND JUDICIAL RACES. new text end 51.8     new text begin Subdivision 1. new text end new text begin Automatic recounts. new text end new text begin (a) In a state primary when the difference new text end 51.9 new text begin between the votes cast for the candidates for nomination to a statewide federal office, new text end 51.10 new text begin state constitutional office, statewide judicial office, congressional office, state legislative new text end 51.11 new text begin office, or district judicial office is: new text end 51.12 new text begin (1) less than one-half of one percent of the total number of votes counted for that new text end 51.13 new text begin nomination; or new text end 51.14 new text begin (2) ten votes or less and the total number of votes cast for the nomination is 400 new text end 51.15 new text begin votes or less, new text end 51.16 new text begin and the difference determines the nomination, the canvassing board with responsibility for new text end 51.17 new text begin declaring the results for that office shall manually recount the vote. new text end 51.18 new text begin (b) In a state general election when the difference between the votes of a candidate new text end 51.19 new text begin who would otherwise be declared elected to a statewide federal office, state constitutional new text end 51.20 new text begin office, statewide judicial office, congressional office, state legislative office, or district new text end 51.21 new text begin judicial office and the votes of any other candidate for that office is: new text end 51.22 new text begin (1) less than one-half of one percent of the total number of votes counted for that new text end 51.23 new text begin office; or new text end 51.24 new text begin (2) ten votes or less if the total number of votes cast for the office is 400 votes or less, new text end 51.25 new text begin the canvassing board shall manually recount the votes. new text end 51.26 new text begin (c) Time for notice of a contest for an office recounted under this section begins to new text end 51.27 new text begin run upon certification of the results of the recount by the canvassing board, or as otherwise new text end 51.28 new text begin provided in section 209.021. new text end 51.29 new text begin (d) A losing candidate may waive a recount required by this section by filing a new text end 51.30 new text begin written notice of waiver with the canvassing board. new text end 51.31     new text begin Subd. 2. new text end new text begin Discretionary candidate recount. new text end new text begin (a) A losing candidate whose name was new text end 51.32 new text begin on the ballot for nomination or election to a statewide federal office, state constitutional new text end 51.33 new text begin office, statewide judicial office, congressional office, state legislative office, or district new text end 51.34 new text begin judicial office may request a recount in a manner provided in this section at the candidate's new text end 51.35 new text begin own expense when the vote difference is greater than the difference required by this new text end 52.1 new text begin section. The votes must be manually recounted as provided in this section if the candidate new text end 52.2 new text begin files a request during the time for filing notice of contest of the primary or election for new text end 52.3 new text begin which a recount is sought. new text end 52.4 new text begin (b) The requesting candidate shall file with the filing officer a bond, cash, or surety in new text end 52.5 new text begin an amount set by the filing officer for the payment of the recount expenses. The requesting new text end 52.6 new text begin candidate is responsible for the following expenses: the compensation of the secretary of new text end 52.7 new text begin state or designees and any election judge, municipal clerk, county auditor, administrator, new text end 52.8 new text begin or other personnel who participate in the recount; necessary supplies and travel related to new text end 52.9 new text begin the recount; the compensation of the appropriate canvassing board and costs of preparing new text end 52.10 new text begin for the canvass of recount results; and any attorney fees incurred in connection with the new text end 52.11 new text begin recount by the governing body responsible for the recount. new text end 52.12 new text begin (c) The requesting candidate may provide the filing officer with a list of up to three new text end 52.13 new text begin precincts that are to be recounted first and may waive the balance of the recount after these new text end 52.14 new text begin precincts have been counted. If the candidate provides a list, the recount official must new text end 52.15 new text begin determine the expenses for those precincts in the manner provided by paragraph (b). new text end 52.16 new text begin (d) If the winner of the race is changed by the optional recount, the cost of the new text end 52.17 new text begin recount must be paid by the jurisdiction conducting the recount. new text end 52.18 new text begin (e) If a result of the vote counting in the manual recount is different from the result new text end 52.19 new text begin of the vote counting reported on election day by a margin greater than the standard for new text end 52.20 new text begin acceptable performance of voting systems provided in section 206.89, subdivision 4, the new text end 52.21 new text begin cost of the recount must be paid by the jurisdiction conducting the recount. new text end 52.22    Sec. 6. new text begin [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND new text end 52.23 new text begin MUNICIPAL ELECTIONS. new text end 52.24     new text begin Subdivision 1. new text end new text begin Required recounts. new text end new text begin (a) Except as provided in paragraph (b), a new text end 52.25 new text begin losing candidate for nomination or election to a county, municipal, or school district office new text end 52.26 new text begin may request a recount of the votes cast for the nomination or election to that office if new text end 52.27 new text begin the difference between the votes cast for that candidate and for a winning candidate for new text end 52.28 new text begin nomination or election is less than one-half of one percent of the total votes counted for new text end 52.29 new text begin that office. In case of offices where two or more seats are being filled from among all the new text end 52.30 new text begin candidates for the office, the one-half of one percent difference is between the elected new text end 52.31 new text begin candidate with the fewest votes and the candidate with the most votes from among the new text end 52.32 new text begin candidates who were not elected. new text end 52.33 new text begin (b) A losing candidate for nomination or election to a county, municipal, or school new text end 52.34 new text begin district office may request a recount of the votes cast for nomination or election to that new text end 52.35 new text begin office if the difference between the votes cast for that candidate and for a winning new text end 53.1 new text begin candidate for nomination or election is ten votes or less, and the total number of votes cast new text end 53.2 new text begin for the nomination or election of all candidates is no more than 400. In cases of offices new text end 53.3 new text begin where two or more seats are being filled from among all the candidates for the office, new text end 53.4 new text begin the ten-vote difference is between the elected candidate with the fewest votes and the new text end 53.5 new text begin candidate with the most votes from among the candidates who were not elected. new text end 53.6 new text begin (c) Candidates for county offices shall file a written request for the recount with the new text end 53.7 new text begin county auditor. Candidates for municipal or school district offices shall file a written new text end 53.8 new text begin request with the municipal or school district clerk as appropriate. All requests must be new text end 53.9 new text begin filed during the time for notice of contest of the primary or election for which a recount new text end 53.10 new text begin is sought. new text end 53.11 new text begin (d) Upon receipt of a request made pursuant to this section, the county auditor new text end 53.12 new text begin shall recount the votes for a county office at the expense of the county, the governing new text end 53.13 new text begin body of the municipality shall recount the votes for a municipal office at the expense of new text end 53.14 new text begin the municipality, and the school board of the school district shall recount the votes for a new text end 53.15 new text begin school district office at the expense of the school district. new text end 53.16     new text begin Subd. 2. new text end new text begin Discretionary candidate recounts. new text end new text begin (a) A losing candidate for nomination new text end 53.17 new text begin or election to a county, municipal, or school district office may request a recount in the new text end 53.18 new text begin manner provided in this section at the candidate's own expense when the vote difference new text end 53.19 new text begin is greater than the difference required by subdivision 1. The votes must be manually new text end 53.20 new text begin recounted as provided in this section if the requesting candidate files with the county new text end 53.21 new text begin auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by new text end 53.22 new text begin the governing body of the jurisdiction or the school board of the school district for the new text end 53.23 new text begin payment of the recount expenses. new text end 53.24     new text begin (b) The requesting candidate may provide the filing officer with a list of up to three new text end 53.25 new text begin precincts that are to be recounted first and may waive the balance of the recount after these new text end 53.26 new text begin precincts have been counted. If the candidate provides a list, the recount official must new text end 53.27 new text begin determine the expenses for those precincts in the manner provided by this paragraph. new text end 53.28     new text begin (c) If the winner of the race is changed by the optional recount, the cost of the new text end 53.29 new text begin recount must be paid by the jurisdiction conducting the recount. new text end 53.30     new text begin (d) If a result of the vote counting in the manual recount is different from the result new text end 53.31 new text begin of the vote counting reported on election day by a margin greater than the standard for new text end 53.32 new text begin acceptable performance of voting systems provided in section new text end new text begin 206.89, subdivision 4 new text end new text begin , the new text end 53.33 new text begin cost of the recount must be paid by the jurisdiction conducting the recount. new text end 53.34     new text begin Subd. 3. new text end new text begin Discretionary ballot question recounts. new text end new text begin A recount may be conducted new text end 53.35 new text begin for a ballot question when the difference between the votes for and the votes against the new text end 53.36 new text begin question is less than or equal to the difference provided in subdivision 1. A recount may new text end 54.1 new text begin be requested by any person eligible to vote on the ballot question. A written request for a new text end 54.2 new text begin recount must be filed with the filing officer of the county, municipality, or school district new text end 54.3 new text begin placing the question on the ballot and must be accompanied by a petition containing the new text end 54.4 new text begin signatures of 25 voters eligible to vote on the question. Upon receipt of a written request new text end 54.5 new text begin when the difference between the votes for and the votes against the question is less than or new text end 54.6 new text begin equal to the difference provided in subdivision 1, the county auditor shall recount the votes new text end 54.7 new text begin for a county question at the expense of the county, the governing body of the municipality new text end 54.8 new text begin shall recount the votes for a municipal question at the expense of the municipality, and the new text end 54.9 new text begin school board of the school district shall recount the votes for a school district question at new text end 54.10 new text begin the expense of the school district. If the difference between the votes for and the votes new text end 54.11 new text begin against the question is greater than the difference provided in subdivision 1, the person new text end 54.12 new text begin requesting the recount shall also file with the filing officer of the county, municipality, or new text end 54.13 new text begin school district a bond, cash, or surety in an amount set by the appropriate governing body new text end 54.14 new text begin for the payment of recount expenses. The written request, petition, and any bond, cash, new text end 54.15 new text begin or surety required must be filed during the time for notice of contest for the election for new text end 54.16 new text begin which the recount is requested. new text end 54.17     new text begin Subd. 4. new text end new text begin Expenses. new text end new text begin In the case of a question, a person, or a candidate requesting a new text end 54.18 new text begin discretionary recount, is responsible for the following expenses: the compensation of the new text end 54.19 new text begin secretary of state, or designees, and any election judge, municipal clerk, county auditor, new text end 54.20 new text begin administrator, or other personnel who participate in the recount; necessary supplies and new text end 54.21 new text begin travel related to the recount; the compensation of the appropriate canvassing board and new text end 54.22 new text begin costs of preparing for the canvass of recount results; and any attorney fees incurred in new text end 54.23 new text begin connection with the recount by the governing body responsible for the recount. new text end 54.24     new text begin Subd. 5. new text end new text begin Notice of contest. new text end new text begin Except as otherwise provided in section 209.021, the new text end 54.25 new text begin time for notice of contest of a nomination or election to an office which is recounted new text end 54.26 new text begin pursuant to this section begins to run upon certification of the results of the recount by the new text end 54.27 new text begin appropriate canvassing board or governing body. new text end 54.28    Sec. 7. new text begin [204E.06] NOTICE. new text end 54.29 new text begin Within 24 hours after determining that an automatic recount is required or within 48 new text end 54.30 new text begin hours of receipt of a written request for a recount and filing of a security deposit if one is new text end 54.31 new text begin required, the official in charge of the recount shall send notice to the candidates for the new text end 54.32 new text begin office to be recounted and the county auditor of each county wholly or partially within new text end 54.33 new text begin the election district. The notice must include the date, starting time, and location of the new text end 54.34 new text begin recount, the office to be recounted, and the name of the official performing the recount. new text end 55.1 new text begin The notice must state that the recount is open to the public and, in case of an automatic new text end 55.2 new text begin recount, that the losing candidate may waive the recount. new text end 55.3    Sec. 8. new text begin [204E.07] SECURING BALLOTS AND MATERIALS. new text end 55.4 new text begin (a) The official who has custody of the voted ballots is responsible for keeping new text end 55.5 new text begin secure all election materials. Registration cards of voters who registered on election day new text end 55.6 new text begin may be processed as required by rule. All other election materials must be kept secure by new text end 55.7 new text begin precinct as returned by the election judges until all recounts have been completed and until new text end 55.8 new text begin the time for contest of election has expired. new text end 55.9 new text begin (b) Any candidate for an office to be recounted may have all materials relating new text end 55.10 new text begin to the election, including, but not limited to, polling place rosters, voter registration new text end 55.11 new text begin applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes, new text end 55.12 new text begin applications for absentee ballots, precinct summary statements, printouts from voting new text end 55.13 new text begin machines, and precinct incident logs inspected before the canvassing board may certify new text end 55.14 new text begin the results of the recount. new text end 55.15    Sec. 9. new text begin [204E.08] FACILITIES AND EQUIPMENT. new text end 55.16 new text begin All recounts must be accessible to the public. In a multicounty recount the secretary new text end 55.17 new text begin of state may locate the recount in one or more of the election jurisdictions or at the site of new text end 55.18 new text begin the canvassing board. Each election jurisdiction where a recount is conducted shall make new text end 55.19 new text begin available, without charge to the recount official or body conducting the recount, adequate new text end 55.20 new text begin accessible space and all necessary equipment and facilities. new text end 55.21    Sec. 10. new text begin [204E.09] GENERAL PROCEDURES. new text end 55.22 new text begin At the opening of a recount, the recount official or legal adviser shall present the new text end 55.23 new text begin procedures contained in this section for the recount. The custodian of the ballots shall new text end 55.24 new text begin make available to the recount official the precinct summary statements, the precinct boxes new text end 55.25 new text begin or the sealed containers of voted ballots, and any other election materials requested by the new text end 55.26 new text begin recount official. If the recount official needs to leave the room for any reason, the recount new text end 55.27 new text begin official must designate a deputy recount official to preside during the recount official's new text end 55.28 new text begin absence. A recount official must be in the room at all times. The containers of voted ballots new text end 55.29 new text begin must be unsealed and resealed within public view. No ballots or election materials may be new text end 55.30 new text begin handled by candidates, their representatives, or members of the public. There must be an new text end 55.31 new text begin area of the room from which the public may observe the recount. Cell phones and video new text end 55.32 new text begin cameras may be used in this public viewing area, as long as their use is not disruptive. The new text end 55.33 new text begin recount official shall arrange the counting of the ballots so that the candidates and their new text end 56.1 new text begin representatives may observe the ballots as they are recounted. Candidates may each have new text end 56.2 new text begin one representative observe the sorting of each precinct. One additional representative per new text end 56.3 new text begin candidate may observe the ballots when they have been sorted and are being counted new text end 56.4 new text begin pursuant to section 204E.10. Candidates may have additional representatives in the public new text end 56.5 new text begin viewing area of the room. If other election materials are handled or examined by the new text end 56.6 new text begin recount officials, the candidates and their representatives may observe them. The recount new text end 56.7 new text begin official shall ensure that public observation does not interfere with the counting of the new text end 56.8 new text begin ballots. The recount official shall prepare a summary of the recount vote by precinct. new text end 56.9    Sec. 11. new text begin [204E.10] COUNTING AND CHALLENGING BALLOTS. new text end 56.10     new text begin Subdivision 1. new text end new text begin Breaks in counting process. new text end new text begin Recount officials may not take a break new text end 56.11 new text begin for a meal or for the day prior to the completion of the sorting, counting, review, and new text end 56.12 new text begin labeling of challenges, and secure storage of the ballots for any precinct. All challenged new text end 56.13 new text begin ballots must be stored securely during breaks in the counting process. new text end 56.14     new text begin Subd. 2. new text end new text begin Sorting ballots. new text end new text begin Ballots must be recounted by precinct. The recount new text end 56.15 new text begin official shall open the sealed container of ballots and recount them in accordance with new text end 56.16 new text begin section 204C.22. The recount official must review each ballot and sort the ballots into new text end 56.17 new text begin piles based upon the recount official's determination as to which candidate, if any, the new text end 56.18 new text begin voter intended to vote for: one pile for each candidate that is the subject of the recount new text end 56.19 new text begin and one pile for all other ballots. new text end 56.20     new text begin Subd. 3. new text end new text begin Challenge. new text end new text begin During the sorting, a candidate or candidate's representative new text end 56.21 new text begin may challenge the ballot if he or she disagrees with the recount official's determination of new text end 56.22 new text begin for whom the ballot should be counted and whether there are identifying marks on the new text end 56.23 new text begin ballot. At a recount of a ballot question, the manner in which a ballot is counted may new text end 56.24 new text begin be challenged by the person who requested the recount or that person's representative. new text end 56.25 new text begin Challenges may not be automatic or frivolous and the challenger must state the basis new text end 56.26 new text begin for the challenge pursuant to section 204C.22. Challenged ballots must be placed into new text end 56.27 new text begin separate piles, one for ballots challenged by each candidate. Only the canvassing board new text end 56.28 new text begin with responsibility to certify the results of the recount has the authority to declare a new text end 56.29 new text begin challenge to be "frivolous." new text end 56.30     new text begin Subd. 4. new text end new text begin Counting ballots. new text end new text begin Once ballots have been sorted, the recount officials must new text end 56.31 new text begin count the piles using the stacking method described in section 204C.21. A candidate or new text end 56.32 new text begin candidate's representative may immediately request to have a pile of 25 counted a second new text end 56.33 new text begin time if there is not agreement as to the number of votes in the pile. new text end 56.34     new text begin Subd. 5. new text end new text begin Reviewing and labeling challenged ballots. new text end new text begin After the ballots from new text end 56.35 new text begin a precinct have been counted, the recount official may review the challenged ballots new text end 57.1 new text begin with the candidate or the candidate's representative. The candidate's representative may new text end 57.2 new text begin choose to withdraw any challenges previously made. The precinct name, the reason new text end 57.3 new text begin for the challenge, and the name of the person challenging the ballot or the candidate new text end 57.4 new text begin that person represents, and a sequential number must be marked on the back of each new text end 57.5 new text begin remaining challenged ballot before it is placed in an envelope marked "Challenged new text end 57.6 new text begin Ballots." After the count of votes for the precinct has been determined, all ballots except new text end 57.7 new text begin the challenged ballots must be resealed in the ballot envelopes and returned with the other new text end 57.8 new text begin election materials to the custodian of the ballots. The recount official may make copies new text end 57.9 new text begin of the challenged ballots. After the count of votes for all precincts has been determined new text end 57.10 new text begin during that day of counting, the challenged ballot envelope must be sealed and kept secure new text end 57.11 new text begin for presentation to the canvassing board. new text end 57.12    Sec. 12. new text begin [204E.11] RESULTS OF RECOUNT; TIE VOTES. new text end 57.13     new text begin Subdivision 1. new text end new text begin Certification of results. new text end new text begin The recount official shall present the new text end 57.14 new text begin summary statement of the recount and any challenged ballots to the canvassing board. new text end 57.15 new text begin The candidate or candidate's representative who made the challenge may present the new text end 57.16 new text begin basis for the challenge to the canvassing board. The canvassing board shall rule on the new text end 57.17 new text begin challenged ballots and incorporate the results into the summary statement. The canvassing new text end 57.18 new text begin board shall certify the results of the recount. Challenged ballots must be returned to the new text end 57.19 new text begin election official who has custody of the ballots. new text end 57.20     new text begin Subd. 2. new text end new text begin Tie votes. new text end new text begin In case of a tie vote for nomination or election to an office, the new text end 57.21 new text begin canvassing board with the responsibility for declaring the results for that office shall new text end 57.22 new text begin determine the tie by lot. new text end 57.23    Sec. 13. new text begin [204E.12] SECURITY DEPOSIT. new text end 57.24 new text begin When a bond, cash, or surety for recount expenses is required by section 204E.04 new text end 57.25 new text begin or 204E.05, the governing body or recount official shall set the amount of the security new text end 57.26 new text begin deposit at an amount which will cover expected recount expenses. In multicounty districts, new text end 57.27 new text begin the secretary of state shall set the amount taking into consideration the expenses of the new text end 57.28 new text begin election jurisdictions in the district and the expenses of the secretary of state. The security new text end 57.29 new text begin deposit must be filed during the period for requesting an administrative recount. In new text end 57.30 new text begin determining the expenses of the recount, only the actual recount expenditures incurred new text end 57.31 new text begin by the recount official and the election jurisdiction in conducting the recount may be new text end 57.32 new text begin included. General office and operating costs may not be taken into account. new text end 57.33    Sec. 14. new text begin REVISOR'S INSTRUCTION. new text end 58.1 new text begin Except where otherwise amended by this article, the revisor of statutes shall new text end 58.2 new text begin renumber each section of Minnesota Statutes listed in column A with the number listed in new text end 58.3 new text begin column B. The revisor shall make necessary cross-reference changes consistent with the new text end 58.4 new text begin renumbering. new text end 58.5 new text begin Column A new text end new text begin Column B new text end 58.6 new text begin 204C.34 new text end new text begin 204E.11, subdivision 2 new text end 58.7 new text begin 204C.35 new text end new text begin 204E.04 new text end 58.8 new text begin 204C.36 new text end new text begin 204E.05 new text end 58.9    Sec. 15. new text begin REPEALER. new text end 58.10 new text begin Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, new text end new text begin are new text end 58.11 new text begin repealed. new text end 58.12    Sec. 16. new text begin EFFECTIVE DATE. new text end 58.13 new text begin This article is effective June 1, 2011, and applies to recounts conducted on or after new text end 58.14 new text begin that date. new text end 58.15ARTICLE 5 58.16TITLE 58.17    Section 1. new text begin TITLE. new text end 58.18 new text begin This act shall be known as "The 21st Century Voting Act." new text end