1.1A bill for an act1.2relating 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 11.29VOTER REGISTRATION, PHOTO IDENTIFICATION, AND 1.30PROVISIONAL BALLOTING1.31    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; and2.12(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; or2.16(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; and2.19(5) data on applicants for a Minnesota voter identification card under section 171.07, 2.20subdivision 3b.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    Subd. 51.Voter identification card."Voter identification card" means a card 2.30issued or issuable under the laws of this state by the commissioner of public safety that 2.31denotes citizenship, identity, and residence address and may be used as identification 2.32and proof of residence for election day voter registration and for voting on election day, 2.33but for no other purpose.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, or for a 3.4voter identification card  must be made in a format approved by the department, and every 3.5application, except for an application for a voter identification card,  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:

3.15Classified Driver's LicenseD-$22.25C-$26.25B-$33.25A-$41.253.16Classified Under-21 D.L.D-$22.25C-$26.25B-$33.25A-$21.253.17Enhanced Driver's LicenseD-$37.25C-$41.25B-$48.25A-$56.253.18Instruction Permit$10.253.193.20Enhanced Instruction 
                  		Permit$25.253.21Provisional License$13.253.223.23Enhanced Provisional 
                  		License$28.253.243.253.26Duplicate License or 
                  		duplicate identification 
                  		card$11.753.273.283.293.30Enhanced Duplicate 
                  		License or enhanced 
                  		duplicate identification 
                  		card$26.753.313.323.333.343.353.363.37Minnesota identification 
                  		card or Under-21 
                  		Minnesota identification 
                  		card, other than duplicate, 
                  		except as otherwise 
                  		provided in section 
                  171.07, 
                     		subdivisions 3
                   and 3a$16.253.383.39Enhanced 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(d) The commissioner shall not collect any fee or surcharge for a voter identification 4.16card.4.17    Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:4.18    Subd. 3. Contents of license application; other information. (a) An application 4.19for a Minnesota identification card, enhanced identification card, instruction permit, 4.20provisional license, driver's license, or enhanced driver's license must:4.21    (1) state the full name, date of birth, sex, and either (i) the residence address of the 4.22applicant, 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; or4.28    (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; 4.35and5.1(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; and5.6(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; and5.26    (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; and5.34    (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    Subd. 3b.Application for voter identification card.An application for a voter 6.4identification card must:6.5(1) state the applicant's full legal name, date of birth, sex, residence address, and 6.6(i) last four digits of the applicant's Social Security number, or (ii) certification that the 6.7applicant has not been assigned a Social Security number;6.8(2) provide a description of the applicant in the same manner as required on an 6.9application for a Minnesota driver's license;6.10(3) be accompanied by proof satisfactory to the commissioner of the applicant's 6.11United States citizenship;6.12(4) state the length of residence at the applicant's current address; and6.13(5) present a photographic identity document or affirm under penalty of perjury that 6.14the applicant has a religious objection to the use of a photographic image.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, voter identification card, or motorized bicycle operator's permit; and6.20(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 voter identification card, 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, voter identification card, 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, except for an application for a voter identification card, for 6.32which no filing fee may be charged. 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). The department shall transmit payment to the agent of $5 for each application for a 7.21voter identification card. An agent employed by a county board shall remit the payments 7.22to the county under paragraph (c) and all other agents may retain the payments.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, Minnesota identification cards, or voter 7.27identification cards. 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 and voter identification cards;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; and8.3    (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    Subd. 3b.Voter identification cards.(a) A voter identification card must be 8.7issued to a qualifying applicant who, on the election day next occurring after the date of 8.8issuance, will meet the voter eligibility requirements of the Minnesota State Constitution 8.9and statutes, and who does not possess a current Minnesota driver's license or Minnesota 8.10identification card.8.11(b) A voter identification card must bear a distinguishing number assigned to 8.12the applicant; the applicant's full name and date of birth; the applicant's address of 8.13residence; a description of the applicant in the same manner as provided on a Minnesota 8.14driver's license; the date of the card's expiration; and the usual signature of the applicant. 8.15The card must bear a colored photograph or an electronically produced image of the 8.16applicant, or, for an applicant who has affirmed a religious objection under section 171.06, 8.17subdivision 3b, clause (5), the card must bear the words "Valid without photograph." 8.18An individual eligible to apply for status as a permanent absentee voter under section 8.19203B.04, subdivision 5, must be permitted to submit a photograph, consistent with any 8.20size or formatting requirements of the commissioner of public safety, for use on a voter 8.21identification card issued under this subdivision.8.22(c) A voter identification card shall not be valid identification for purposes unrelated 8.23to voting in Minnesota. 8.24(d) A voter identification card must be of a different color scheme than a Minnesota 8.25driver's license or state identification card, but must incorporate the same information and 8.26security features as provided in subdivision 9.8.27(e) Each voter identification card must be plainly marked: "Voter Identification – 8.28Not a driver's license. Valid Identification Only for Voting."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 and voter identification cards 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 and voter identification cards 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, identification cards, to be issued beginning January 1, 1994, thatand voter 9.11identification cards 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, Minnesota 9.22identification card, voter identification card, or included in a magnetic strip or bar code 9.23used to store data on the license or, Minnesota identification card, or voter identification 9.24card. The Social Security number must not be used as a Minnesota driver's license or,9.25identification, or voter identification  number.9.26    Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read:9.27171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR 9.28VOTER IDENTIFICATION CARD.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, Minnesota identification card, or voter identification card  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, identification card, or voter identification card, 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 OR VOTER IDENTIFICATION CARD; 10.14CHANGE OF DOMICILE OR NAME.10.15    Subdivision 1.Duplicate driver's license. 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    Subd. 2.Duplicate voter identification card.A voter identification cardholder who 10.23changes residence address or name from the address or name stated on the card shall not 10.24present the card for voting purposes, but must apply for a duplicate voter identification card 10.25upon a form furnished by the department. The application for duplicate voter identification 10.26card must show the cardholder's former address and current address, along with length of 10.27residence at the current address, and the former name and current name, as applicable.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 or voter identification card 10.31upon determination that (1) the licensee or cardholder was not entitled to the issuance of 10.32the license or card, (2) the licensee or cardholder failed to give the required or correct 10.33information in the application, (3) the licensee or cardholder 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, or a cardholder under 11.2section 171.07.11.3    (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(c) The commissioner shall cancel the voter identification card of a person described 11.7in paragraph (a) until the person completes the application process under section 171.06, 11.8and complies in all respects with the requirements of the commissioner.11.9(d) The commissioner shall immediately notify the holder of a voter identification 11.10card of a cancellation of the card. Notification must be by mail, addressed to the 11.11cardholder's last known address, with postage prepaid.11.12    Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.11.13The following are sufficient proof of identity and residence for purposes of election 11.14day voter registration under section 201.061, subdivision 3, and for determining whether 11.15to count a provisional ballot under section 204C.135, subdivision 2:11.16(1) a current driver's license, state identification card, or voter identification card 11.17issued to the voter by the Department of Public Safety that contains the voter's current 11.18address of residence in the  precinct;11.19(2) an identification card issued to the voter by the tribal government of a tribe 11.20recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the 11.21voter's current address of residence in the precinct, and any other items of data required to 11.22be contained on a Minnesota identification card, as provided in section 171.07, subdivision 11.233, paragraphs (a) and (b);11.24(3) an original receipt for a new, renewed, or updated driver's license, state 11.25identification card, or voter identification card issued to the voter under section 171.07 11.26that contains the voter's current address of residence in the precinct along with one of the 11.27following documents, provided that it contains a photograph of the voter:11.28(i) a driver's license, identification card, or voter identification card that is expired or 11.29does not contain the voter's current address of residence, issued to the voter by the state of 11.30Minnesota or any other state or territory of the United States; 11.31(ii) a United States passport, issued to the voter; 11.32(iii) an identification card issued by a branch, department, agency, entity, or 11.33subdivision of Minnesota or the federal government; 11.34(iv) an identification card issued by an accredited postsecondary institution with 11.35a campus located within Minnesota, if a list of students from that institution has been 12.1prepared under section 135A.17 and certified to the county auditor in the manner provided 12.2in rules of the secretary of state; or12.3(v) an identification card issued to the voter by the tribal government of a tribe 12.4recognized by the Bureau of Indian Affairs; 12.5(4) if the voter is a student, a driver's license or identification card issued by 12.6Minnesota or any other state or territory of the United States that does not contain 12.7the voter's current address of residence, along with a current student fee statement that 12.8contains the student's valid address of residence in the precinct; or12.9(5) if the voter resides in a shelter facility designated for battered women, as defined 12.10in section 611A.37, subdivision 4, a driver's license or identification card issued to the 12.11voter by the Department of Public Safety that contains the voter's photograph and address 12.12of residence prior to seeking the services of the shelter facility, along with a certification 12.13of residence in the facility, signed by the facility's administrator on a form prescribed 12.14by the secretary of state.12.15    Sec. 19. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD 12.16ACCOUNT.12.17A state-subsidized  voter identification card account is established in the special 12.18revenue fund. Money in the account is appropriated to the Department of Public Safety for 12.19purposes of providing state-subsidized voter identification cards to individuals qualifying 12.20under section 171.07, subdivision 3b, provided that the department may not be reimbursed 12.21more than the actual cost of providing voter identification cards, not to exceed $9.85 for 12.22each card issued. A report of the total expenditures by county must be submitted to the 12.23members of the house and senate committees with oversight of elections by January 12.2431 of each year. On June 30 of each odd-numbered year, any balance in the account is 12.25transferred to the general fund.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 identity and12.31residence. An individual may prove identity and residence for purposes of registering by:12.32presenting documentation as permitted by section 200.035.12.33    (1) presenting a driver's license or Minnesota identification card issued pursuant 12.34to section 171.07;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 135A.17 and certified to the county auditor in the manner provided in rules of 13.7the secretary of state; or13.8    (ii) a current student fee statement that contains the student's valid address in the 13.9precinct together with a picture identification card; or13.10    (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 14.4252.28; 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; or14.13    (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) (b) A county, school district, or municipality may must require that an election 14.18judge responsible for election day registration initial sign 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. The address listed on 14.24the polling place roster must be the voter's address of residence, unless the voter has 14.25requested that the address printed on the roster be the voter's mailing address because 14.26the voter is a judge, or a law enforcement or corrections officer. 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    Subdivision 1.Polling place roster. (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, a judge must: (1) require the 15.20voter to present a photo identification document, as described in subdivision 2; and (2) 15.21confirm the applicant's name, address, and date of birth. A voter who cannot produce 15.22sufficient identification as required by subdivision 2 may not sign the polling place roster, 15.23but may cast a provisional ballot, as provided in section 204C.135.15.24(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 contest15.28for 36 months following the date of the election.15.29    Subd. 2.Photo identification.(a) To satisfy the photo identification requirement 15.30in subdivision 1, a voter must present a valid form of one of the following documents 15.31or sets of documents, issued to the voter:15.32(1) a Minnesota driver's license state identification card, or voter identification card 15.33issued under section 171.07 that contains the voter's current address of residence in the 15.34precinct;16.1(2)(i) an original receipt for a new, renewed, or updated driver's license, state 16.2identification card, or voter identification card issued to the voter under section 171.07 that 16.3contains the voter's current address of residence in the precinct; and16.4(ii) a driver's license, identification card, or a voter identification card that is 16.5expired, invalidated, or does not contain the voter's current address of residence in the 16.6precinct, issued to the voter by the state of Minnesota or any other state or territory of 16.7the United States;16.8(3) an identification card issued by the tribal government of a tribe recognized 16.9by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's 16.10current address of residence in the precinct, and any other items of data required to be 16.11contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, 16.12paragraphs (a) and (b); or16.13(4) if the voter resides in a shelter facility designated for battered women, as defined 16.14in section 611A.37, subdivision 4, a driver's license or identification card issued to the 16.15voter by the Department of Public Safety that contains the voter's photograph and address 16.16of residence prior to seeking the services of the shelter facility, along with a certification 16.17of residence in the facility, signed by the facility's administrator on a form prescribed 16.18by the secretary of state.16.19(b) An identification card presented under this section by a voter who is a judge, law 16.20enforcement officer, or corrections officer is not deficient for a lack of the voter's current 16.21address of residence in the precinct if the identification card contains the mailing address 16.22of the voter and that matches the address listed on the polling place roster.16.23    Sec. 23. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:16.24    Subd. 3. Determination of residence and eligibility. In determining the legal 16.25residence and eligibility of a challenged individual, the election judges shall be governed 16.26by the principles contained in section sections200.031, 201.014, and 201.016. 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. If the election judges are not satisfied that the challenged individual is eligible to 17.1vote in the precinct, but the individual maintains a position that the individual is eligible 17.2and desires to vote, the challenged individual shall be permitted to cast a provisional ballot 17.3in the manner provided in section 204C.135.17.4    Sec. 24. [204C.135] PROVISIONAL BALLOTS.17.5    Subdivision 1.Casting of provisional ballots.(a) The following voters seeking to 17.6vote are entitled to cast a provisional ballot in the manner provided by this section:17.7(1) a voter who is unable to provide proper photo identification as required by 17.8section 204C.10;17.9(2) a voter whose registration status is listed as "challenged" on the polling place 17.10roster and who has not proven the voter's eligibility to vote in the precinct; and17.11(3) a voter whose eligibility to vote is challenged in the polling place and who is 17.12unable to overcome the challenge as permitted by section 204C.12.17.13(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster 17.14and complete a provisional ballot envelope. The envelope must contain a space for the 17.15voter to list the voter's name, address of residence, date of birth, voter identification 17.16number, and any other information prescribed by the secretary of state. The voter must 17.17also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 17.18in the same election, and meets the criteria for registering to vote in the precinct in which 17.19the voter appears.17.20Once the voter has completed the provisional ballot envelope, the voter must be 17.21allowed to cast a provisional ballot. The provisional ballot must be the same as the official 17.22ballot available in the precinct on election day. A completed provisional ballot shall be 17.23sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's 17.24provisional ballot envelope and deposited by the voter in a secure, sealed provisional 17.25ballot box. Completed provisional ballots may not be combined with other voted ballots 17.26in the polling place.17.27(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by 17.28the secretary of state. The provisional ballot envelope must be a color other than that 17.29provided for absentee ballot envelopes and must be prominently labeled "Provisional 17.30Ballot Envelope."17.31(d) Provisional ballots and related documentation shall be delivered to and securely 17.32maintained by the county auditor or municipal clerk in the same manner as required for 17.33other election materials under sections 204C.27 to 204C.28.17.34    Subd. 2.Counting provisional ballots.(a) A voter who casts a provisional ballot in 17.35the polling place may personally appear before the county auditor or municipal clerk no 18.1later than seven calendar days following the election to prove that the voter's provisional 18.2ballot should be counted. The county auditor or municipal clerk must count a provisional 18.3ballot in the final certified results from the precinct if:18.4(1) the statewide voter registration system indicates that the voter is eligible to 18.5vote or, if challenged, the county auditor or municipal clerk does not, based upon 18.6available records and any documentation presented by the voter, conclude that the voter is 18.7ineligible; and18.8(2) the voter presents proof of identity and residence in the precinct in the manner 18.9permitted by section 200.035.18.10(b) If a voter does not appear before the county auditor or municipal clerk within 18.11seven calendar days following the election or otherwise does not satisfy the requirements 18.12of paragraph (a), or if the data listed on the items of identification presented by the voter 18.13does not match the data submitted by the voter on the provisional ballot envelope, the 18.14voter's provisional ballot must not be counted.18.15(c) The county auditor or municipal clerk must notify, in writing, any provisional 18.16voter who does not appear within seven calendar days of the election that the voter's 18.17provisional ballot was not counted because of the voter's failure to appear before the 18.18county auditor or municipal clerk within the time permitted by law to determine whether 18.19the provisional ballot should be counted.18.20    Subd. 3.Provisional ballots; reconciliation.Prior to counting any provisional 18.21ballots in the final vote totals from a precinct, the county auditor must verify that the 18.22number of signatures appearing on the provisional ballot roster from that precinct is equal 18.23to the number of provisional ballots submitted by voters in the precinct on election day. 18.24Any discrepancy must be resolved before the provisional ballots from the precinct may 18.25be counted. Excess provisional ballots must be randomly withdrawn in the manner 18.26required by section 204C.20, subdivision 2, after the period for a voter to appear to prove 18.27residence and identity has expired and the ballots to be counted have been separated from 18.28the provisional ballot envelopes.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 eighth 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 eighth 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; and19.11(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 14 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 eighth and tenth 14th 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; and20.5(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 a primary election, 20.34or within 16 days following a general election, 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 eighth 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 eighth and tenth 14th 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 ten 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 eighth21.30day 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 eighth and tenth 14th 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. PUBLIC EDUCATION CAMPAIGN.22.24The commissioner of administration shall contract for the production and 22.25implementation of a statewide public educational campaign related to the voter 22.26identification requirements of this article.  The campaign must inform voters of the 22.27requirements for identification when voting, methods of securing sufficient identification, 22.28including securing a free voter identification card if necessary, and the process for 22.29provisional balloting for voters unable to meet the identification requirements on election 22.30day.  The secretary of state may consult with the vendor in coordinating material related 22.31to the campaign, but the secretary, the secretary's staff, and any other documents or 22.32materials promoting the office of the secretary of state may not appear visually or audibly 22.33in any advertising or promotional items disseminated by the vendor as part of the public 22.34education campaign.23.1$100,000 is appropriated in fiscal year 2012 and $2,200,000 is appropriated in fiscal 23.2year 2013 from the general fund to the commissioner of administration for purposes of 23.3implementing this section. These are onetime appropriations.23.4EFFECTIVE DATE.This section is effective the day following final enactment.23.5    Sec. 33. APPROPRIATION.23.6(a) $709,000 is appropriated in fiscal year 2013 from the general fund to the 23.7commissioner of management and budget for transfer to the state-subsidized identification 23.8card account for purposes of providing state-subsidized identification cards to individuals 23.9qualifying under Minnesota Statutes, section 171.07, subdivision 3b. The base for this 23.10appropriation is $215,000 in fiscal year 2014 and each year after.23.11(b) $880,000 is appropriated in fiscal year 2012 to the secretary of state from the 23.12Help America Vote Act account and $110,000 is appropriated in fiscal year 2012 to the 23.13secretary of state from the general fund for purposes of implementing the requirements of 23.14this act. This appropriation is available until June 30, 2013.23.15    Sec. 34. EFFECTIVE DATE.23.16Except where otherwise provided, this article is effective June 1, 2012, and applies 23.17to elections held on or after that date.23.18ARTICLE 223.19ELECTION ADMINISTRATION AND INTEGRITY23.20    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) (e).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(e) The treasurer of a political committee, political fund, principal campaign 24.4committee, or party unit that has received contributions or made expenditures that in 24.5aggregate within the year exceed $5,000 must file a report with the board by April 7 in 24.6each year and by July 7 and October 7 in years when there is no general election.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 and note any student on the 24.12list known to not be a United States citizen. The list shall be certified and sent to the 24.13appropriate county auditor or auditors, in an electronic format approved by the secretary of 24.14state, 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. The unique identifier shall be permanently 24.24assigned to the voter and may not be changed or reassigned to another voter. 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, permanent 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; and25.27(14) provide reports on the number of absentee ballots transmitted to and returned 25.28and cast by voters under section 
         203B.16; and25.29(15) provide reports on individuals who are not registered and reported to be 25.30ineligible to vote, to the extent permitted by federal law. 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. The 26.5election judges shall also review the list of individuals reported to be ineligible to vote 26.6using the electronic roster, or a paper list provided by the county auditor or municipal clerk. 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 shall 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, voter identification 27.10card number, 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, voter identification card number, 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 36 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 3627.29months 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, voter identification card number, 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, but no later than January 1 of the following year, 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. [201.197] CHALLENGED ELIGIBILITY LIST.30.1(a) The secretary of state shall maintain an electronic database of individuals not 30.2registered and who are reported to be ineligible to vote under section 201.014. The 30.3database may be maintained as a module of the statewide voter registration system, if 30.4permitted by federal law, or maintained as a separate database, and at a minimum must 30.5include an individual's name, address of residence, date of birth, the reason the individual 30.6is reported to be ineligible to vote and, if available, the individual's driver's license or 30.7state identification card number, or the last four digits of the individual's Social Security 30.8number. Entries in the database shall be compiled using data submitted to the secretary of 30.9state under this chapter.30.10(b) An elections official processing a voter registration application must verify 30.11whether the individual listed on the application is included in the database of individuals 30.12reported to be ineligible to vote. If the individual is listed in the database, the voter 30.13registration application may be accepted, but the voter's status must be listed as 30.14"challenged." An election judge processing a voter registration application submitted by a 30.15voter in a polling place on election day must verify the application using the electronic 30.16roster, or if the polling place does not have an electronic roster, using a paper list provided 30.17by the county auditor. A paper list used for verification in a polling place may be limited 30.18to only those individuals reported to be residents of the county in which the precinct 30.19is located.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 36 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.(a) 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; or31.13    (2) the municipal clerk of the municipality, or school district if applicable, where 31.14the applicant maintains residence.31.15    (b) An application shall be approved if it is timely received, signed and dated by the 31.16applicant, and contains:31.17(1) the applicant's name and residence and mailing addresses,;31.18(2) the applicant's date of birth, and at least one of the following:;31.19(3) the applicant's Minnesota driver's license number, Minnesota state identification 31.20card number, or Minnesota voter identification card number; and31.21(4) the last four digits of the applicant's Social Security number or a statement that 31.22the applicant does not have a Social Security number.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; or31.26(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.31.32Prior to approval, the county auditor or municipal clerk must verify that the 31.33Minnesota driver's license, state identification card number, or voter identification card 31.34number submitted by an applicant is valid and assigned to that applicant. An application 31.35that contains a driver's license or identification card number that is invalid or not assigned 32.1to the applicant must be rejected. The county auditor or municipal clerk must also verify 32.2that the applicant does not appear on any lists of reported ineligible voters maintained by 32.3the county auditor or municipal clerk, or provided to the county auditor or municipal clerk 32.4by the secretary of state. When verifying eligibility, the county auditor or municipal 32.5clerk must use the same standards and process as used for individuals appearing in the 32.6polling place on election day, except that an applicant is not required to appear in person 32.7or present photo identification meeting the standards of section 204C.10, subdivision 2.32.8(c) An applicant's full date of birth, Minnesota driver's license or, state identification, 32.9or voter identification card 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 an absentee ballots ballot on 32.24election day if the voter:32.25(a) requests an application form by telephone from the municipal clerk by telephone32.26not no later than 5:00 p.m. on the day before election day; or32.27(b) submits an absentee ballot application to the election judges engaged in 32.28delivering absentee ballots pursuant to section 203B.11.32.29    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 36 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) A ballot board may only meet to perform its duties under this chapter during the 33.11period in which completed absentee ballots are accepted for an election. The time and 33.12place of each meeting must be scheduled, announced, and posted on the Web site of the 33.13governing body of the county, municipality, or school district at least 14 days prior to 33.14convening the first meeting of the ballot board for an election. If the governing body of 33.15the county, municipality, or school district does not have a Web site, the time and place 33.16of each meeting must be posted, in writing, on the principal bulletin board of the body. 33.17Meetings of the ballot board must be convened at the same time and in the same location. 33.18The ballot board must also meet on any day during which the county or municipal offices 33.19are open for the purposes of conducting election business prior to an election. A ballot 33.20board may not meet except during regularly scheduled meetings announced and posted as 33.21required by this paragraph.33.22(d) 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. Notwithstanding any other provision of law, an individual serving as an 34.9election judge is not an employee of a school district, regardless of whether an office of 34.10the school district appears on the ballot in the precinct at the election.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 36 months from 34.16the date of that election. All election materials involved in a contested election must be 34.17retained for 22 36 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 counting the number of original voter 35.6signatures contained in the polling place roster, or on voter's receipts generated from an 35.7electronic roster. The election judges may not count the number of voter receipts collected 35.8in the precinct as a substitute for counting original voter signatures unless the voter 35.9receipts contain the name, voter identification number, and signature of the voter to whom 35.10the receipt was issued. 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 but may 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 clearly marked 35.33"excess" on the front of the ballot and attached to a certificate made by the election judges 35.34which states the number of ballots not counted and why the ballots they were not counted. 36.1The certificate and uncounted ballots shall be sealed in a separate envelope and returned 36.2to clearly marked "excess ballots." The election judges shall sign their names over the 36.3envelope seal and return the ballots to the county auditor or municipal or school district 36.4clerk from whom they were received. Tabulation of vote totals from a precinct where 36.5excess ballots were removed from the ballot box shall be completed by the canvassing 36.6board responsible for certifying the election results from that precinct.36.7    Sec. 23. Minnesota Statutes 2010, section 204C.20, is amended by adding a 36.8subdivision to read:36.9    Subd. 5.Applicability.The requirements of this section apply regardless of the 36.10voting system or method of tabulation used in a precinct.36.11    Sec. 24. Minnesota Statutes 2010, section 204C.23, is amended to read:36.12204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.36.13(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election 36.14judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and 36.15returned as required by section 204C.25. 36.16(b) 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. Defective ballots must be placed in an envelope designated for defective ballots from 36.20the precinct, sealed, and returned as required by section 204C.25.36.21(c) A damaged or defective ballot that requires duplication must be handled as 36.22required by section 206.86, subdivision 5.36.23    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) (1) 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) (2) 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) (3) 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(4) the number of ballots cast;37.5(d) (5) the number of individuals who voted at the election in the precinct voter 37.6signatures contained on the polling place roster or on voter receipts generated by an 37.7electronic roster, 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(6) the number of excess ballots removed by the election judges, as required by 37.10section 204C.20;37.11(e) (7) the number of voters registering on election day in that precinct; and37.12(f) (8) 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 Precinct polling locations; duties; 37.20reconciliation. 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 ballots or envelopes 37.23containing ballot cardsballots that have been cast to determine that the number of ballot 37.24cards ballots does not exceed the number of voters shown on original voter signatures 37.25contained in the election register or registration file polling place roster or on voter receipts 37.26generated from an electronic roster. The election judges may not count the number of 37.27voter receipts collected in the precinct as a substitute for counting original voter signatures 37.28unless the voter receipts contain the name, voter identification number, and signature of 37.29the voter to whom the receipt was issued. 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 proceed in the 37.33manner required for excess ballots under section 204C.20, subdivisions 2 to 4. 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 ballots. The judges shall place all voted 38.3ballot cards, excess ballots, 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 ballots, 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:38.17(1) 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.;38.23(2) 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; and38.27(3) if data or documents necessary to determine grounds for a contest, including but 38.28not limited to lists of the names of every voter who participated in an election, are not 38.29available to a candidate or the general public prior to the close of the period for filing a 38.30notice of contest under this section due to nonfeasance, malfeasance, or failure to perform 38.31duties within the time required by statute on the part of the secretary of state, a county 38.32auditor, or other state, county, or municipal election official, a notice of contest may be 38.33served and filed within seven days after the data or documents become available for 38.34inspection by the candidates and the general public.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 all materials relating to the election, including, but not 39.4limited to, polling place rosters, voter registration applications, accepted absentee ballot 39.5envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct 39.6summary statements, printouts from voting machines, and precinct incident logs, 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 and other election materials 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 if it is designed to influence voting for or against a particular candidate, 39.27political party, or question on the ballot at the election. 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 roster39.33or a voter's receipt.39.34    Sec. 31. PROPOSED LEGISLATION.40.1By January 15, 2012, the secretary of state must report to the legislature proposed 40.2legislation to amend matters currently contained in administrative rules as necessary 40.3to implement or make specific this act. To the greatest extent practical, this proposed 40.4legislation must propose codifying into law matters that otherwise would be enacted 40.5through the administrative rulemaking process.40.6To the extent that codifying matters into law is not practical, the proposed legislation 40.7must direct, by law, specific changes to be made in administrative rules so that no 40.8interpretation of the law by the secretary of state would be necessary, and use of the good 40.9cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate 40.10if the legislature authorizes use of this process.40.11    Sec. 32.  REPEALER.40.12Minnesota Statutes 2010, sections 203B.04, subdivision 3, is repealed.40.13ARTICLE 340.14ELECTRONIC ROSTERS40.15    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a 40.16subdivision to read:40.17    Subd. 12a.Polling place roster."Polling place roster" means the official lists used 40.18to record a voter's appearance in a polling place on election day, including the list of 40.19registered voters in the precinct, and the list of voters registering on election day. A polling 40.20place roster may be in a printed or electronic format, as permitted by section 201.225.40.21    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. A polling place roster 40.25provided in an electronic form must allow for a printed voter's receipt that meets the 40.26standards provided in section 201.225, subdivision 2. 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 36 months following the election. 41.7    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.41.8    Subdivision 1.Certification of system.(a) A precinct may have a secure network 41.9of two or more computer systems to serve as the precinct's electronic polling  place roster. 41.10(b) Precincts may not use an electronic roster until the secretary of state has certified 41.11that the system design and operational procedures are sufficient  to prevent any voter from 41.12voting more than once at an election, and to prevent access to the system by unauthorized 41.13individuals.41.14    Subd. 2.Minimum standards for electronic rosters.At a minimum, an electronic 41.15roster must:41.16(1) be preloaded with data from the statewide voter registration system, including 41.17data on individuals reported to be ineligible to vote;41.18(2) permit all voting information processed by any computer in a precinct to be 41.19immediately accessible to all other computers in the precinct and to be transferred to the 41.20statewide voter registration system on election night or no later than one week after the 41.21election;41.22(3) provide for a printed voter's receipt, containing the voter's name, address of 41.23residence, date of birth, voter identification number as assigned by the secretary of state, 41.24the oath required by section 204C.10, and a space for the voter's original signature; 41.25(4) immediately alert the election judge if the electronic roster  indicates that a voter 41.26has already voted at the election, is ineligible  to vote, does not reside in the precinct, or 41.27the voter's registration status is challenged;41.28(5) automatically accept and input data from a scanned Minnesota driver's license, 41.29identification card, or voter identification card and match the data to an existing voter 41.30registration record, and permit manual input of voter data, if necessary; and41.31(6) perform any other functions required for the efficient and secure administration 41.32of an election, as required by law.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; and42.4(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; or42.13(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 unless that precinct uses an electronic roster. 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 roster or printed voter's 43.2receipt, generated from an electronic 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 or receipt, confirm the 43.13applicant's name, address, and date of birth.43.14(c) In precincts where a paper roster is used, after the applicant signs the roster, the 43.15judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a43.16voter 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 for 36 43.19months following the date of the election.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 or voter's receipt43.23as 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 finally secured by the secretary of state for the 43.30election. 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 are secured. 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. [206A.01] APPLICABILITY.44.2This chapter applies to each designated election official who administers electronic 44.3roster systems for the purpose of conducting an election and compiling complete returns.44.4    Sec. 9. [206A.02] DEFINITIONS.44.5    Subdivision 1.Definitions.The definitions in this section apply to this chapter.44.6    Subd. 2.Designated election official."Designated election official" means the 44.7county auditor or municipal clerk.44.8    Subd. 3.Elector data."Elector data" means voting information, including, but not 44.9limited to, voter registration, voting history, and voting tabulations.44.10    Subd. 4.Electronic roster."Electronic roster" is a list of eligible electors in 44.11electronic format who are permitted to vote at a polling place in an election conducted 44.12under the Minnesota Election Law, which shall be processed by a computer at a precinct 44.13such that the resulting elector data is immediately accessible to all other computers in the 44.14precinct and is transferred to the county for inclusion in the statewide voter registration 44.15system no later than one week after the election.44.16    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY 44.17PROCEDURES.44.18(a) The designated election official shall establish written security procedures 44.19covering the processing and transference of elector data. The procedures must  include:44.20(1) security covering the transmission of elector data processed through the 44.21electronic roster and reconciliation of the registration and history of voters casting ballots 44.22in a precinct; and44.23(2) contingency procedures for network and power failure. The procedures must, at 44.24a minimum, include procedures to address all single point failures including:44.25(i) network failure;44.26(ii) power failure that lasts less than one hour; and44.27(iii) power failure that lasts more than one hour.44.28(b) Acceptable alternatives for addressing power or system failures include either:44.29(1) a paper backup of the roster with the minimum information required to verify a 44.30voter's eligibility; or44.31(2) a sufficient number of computers per precinct to ensure that the voter check-in 44.32continues in an efficient manner. The computers and all essential peripheral devices must 44.33have the ability to function on  batteries or an external power source for up to two hours.45.1(c) Each computer must have an electronic backup of the current roster in one of the 45.2following formats:45.3(1) a portable document file (PDF);45.4(2) a spreadsheet; or45.5(3) a database with a basic look-up interface. In addition to acceptable backup 45.6roster procedures, the security procedures must  address contingency procedures to protect 45.7against activities such as voting twice.45.8    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.45.9(a) The secretary of state shall ensure  that the county connection to the statewide 45.10voter registration system is secure including details concerning encryption  methodology. 45.11In addition, the connection must meet or exceed the standards provided  for in this section.45.12(b) Proven, standard algorithms must be used as the basis for encryption 45.13technologies.45.14(c) If a connection utilizes a Virtual Private Network (VPN), the following  apply:45.15(1) it is the responsibility of the county to ensure that unauthorized users are not 45.16allowed access to internal networks;45.17(2) VPN use is to be controlled using either a onetime password authentication such 45.18as a token device or a public/private key system with a strong passphrase;45.19(3) when actively connected to the network, VPNs must force all traffic to and from 45.20the computer over the VPN tunnel and all other traffic must be dropped;45.21(4) dual (split) tunneling is not permitted; only one network connection is allowed;45.22(5) VPN gateways must be set up and managed by the county or its designee;45.23(6) all computers connected to internal networks via VPN or any other technology 45.24must use up-to-date antivirus software; and45.25(7) the VPN concentrator is limited to an absolute connection time of 24 hours.45.26    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION 45.27REQUIREMENTS.45.28The designated election official shall ensure the electronic roster system complies 45.29with the following response-time standards for any computer on the system:45.30(1) a maximum of five seconds to update voter activity;45.31(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; 45.32and45.33(3) a maximum of 45 seconds for session startup and password verification.46.1    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING 46.2PROCEDURES.46.3(a) The designated election official shall test the electronic roster application to 46.4ensure that it meets the  minimum system requirements prior to the first election in which 46.5it is used. The  application must also be tested after the implementation of any system 46.6modifications, including any change in the number of connected computers. The  county 46.7shall indicate in the subsequent security plan whether such retesting has occurred.46.8(b) The test must, at a minimum, include the following:46.9(1) a load test must be demonstrated through either actual computers  running at 46.10proposed bandwidth and security settings, or by simulating a load test;46.11(2) a contingency/failure test must be demonstrated and documented illustrating the 46.12effects of failures identified in section 206A.03; and46.13(3) all tests must be conducted with clients and servers in normal, typical, deployed 46.14operating mode.46.15(c) All records and documentation of the testing must be retained by the designated 46.16election official for a period of 36 months as part of the election record. The testing record 46.17and documentation must include, but is not limited to, the following:46.18(1) a formal test plan containing all test scripts used:46.19(i) the test plan must include test environment containing make, model, type of 46.20hardware, and software versions used in testing; and46.21(ii) the test plan must also include the number of client computers, servers, and 46.22physical locations involved in testing;46.23(2) test logs of all events that were observed during testing, including:46.24(i) the sequence of actions necessary to set up the tests;46.25(ii) the actions necessary to start the tests;46.26(iii) the actions taken during the execution of the tests;46.27(iv) any measurements taken or observed during the tests;46.28(v) any actions necessary to stop or shut down the tests;46.29(vi) any actions necessary to bring the tests to a halt; and46.30(vii) any actions necessary or taken to deal with anomalies experienced during 46.31testing;46.32(3) performance logs and reports taken from both servers and workstations during 46.33the testing which contain performance information of:46.34(i) network usage (bandwidth);46.35(ii) processor utilization;46.36(iii) Random Access Memory (RAM) utilization; and47.1(iv) any additional performance monitoring reports necessary to explain the process 47.2taken and to support the findings of the tests; and47.3(4) all test logs must contain the date, time, operator, test status or outcome, and any 47.4additional information to assist the secretary of state in making a determination.47.5    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR 47.6PRECINCTS EMPLOYING ELECTRONIC ROSTERS.47.7Counties employing electronic rosters in whole or in part shall allocate computers 47.8to affected precincts based upon the total number of registered voters in each precinct 47.990 days preceding the primary election and historical statistics regarding election day 47.10registrants. The minimum computers required shall be on site at each precinct. Precincts 47.11employing electronic rosters shall be allocated a minimum of two computers.47.12    Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.47.13(a) Written procedures and reports required by this chapter must be submitted by a 47.14county to the secretary of state for approval no later than 60 days before the election. The 47.15secretary of state shall either approve the procedures as submitted or notify the designated 47.16election official of recommended changes.47.17(b) If the secretary of state rejects or approves the written procedures, the secretary 47.18of state shall provide written notice of the rejection or approval, including specifics of 47.19noncompliance with this chapter within 15 days of receiving the written procedures.47.20(c) If the secretary of state rejects the written procedures, the designated election 47.21official shall submit a revised procedure within 15 days.47.22(d) The secretary of state shall permit the filing of the revised procedures at a later 47.23date if it is determined that compliance with the 15-day requirement is impossible.47.24    Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER 47.25IMPLEMENTATION.47.26    Subdivision 1.Creation.The Legislative Task Force on Electronic Roster 47.27Implementation is established to facilitate development and implementation of electronic 47.28rosters for use in elections, as required by this article.47.29    Subd. 2.Duties; considerations.(a) The task force shall:47.30(1) study and recommend options for systems that meet the standards for use in a 47.31precinct as provided in Minnesota Statutes, chapter 206A;48.1(2) study and facilitate implementation of software updates, add-ons, or other 48.2changes to the statewide voter registration system that may be necessary to allow the 48.3system to support electronic rosters as required by  Minnesota Statutes, chapter 206A; and48.4(3) recommend to the legislature any additional changes to law that may be 48.5necessary to implement the requirements of this article.48.6(b) Factors that must be considered by the task force in carrying out its duties 48.7include, but are not limited to:48.8(1) ease of equipment use by election administrators, election judges, and voters;48.9(2) cost-effectiveness;48.10(3) feasibility of available technologies within precincts;48.11(4) the security, integrity, and reliability of the electronic roster system and its impact 48.12on the security, integrity, and reliability of the election; and48.13(5) minimum standards for equipment and software functionality as provided by law.48.14    Subd. 3.Membership.The task force consists of 16 members, as follows:48.15(1) the speaker of the house shall appoint one member of the house of representatives, 48.16and one individual who served as a head election judge affiliated with the speaker's 48.17political party at the 2010 state general election;48.18(2) the minority leader of the house of representatives shall appoint one member 48.19of the house, and one individual who served as a head election judge affiliated with the 48.20minority leader's political party at the 2010 state general election;48.21(3) the majority leader of the senate shall appoint one member of the senate, and 48.22one individual who served as a head election judge affiliated with the majority leader's 48.23political party at the 2010 state general election;48.24(4) the minority leader of the senate shall appoint one member of the senate, and 48.25one individual who served as a head election judge affiliated with the minority leader's 48.26political party at the 2010 state general election;48.27(5) the Minnesota Association of County Auditors shall appoint one head elections 48.28administrator from a representative county with a large population, one head elections 48.29administrator from a representative county with an average-sized population, and one 48.30head elections administrator from a representative county with a small population, as 48.31defined by the association;48.32(6) the Minnesota Association of Townships shall appoint one head elections 48.33administrator;48.34(7) the League of Minnesota Cities shall appoint one head elections administrator;48.35(8) the secretary of state, or the secretary's designee;48.36(9) the director of information technology in the Office of the Secretary of State; and49.1(10) the Chief Information Officer of the state of Minnesota, or a designee.49.2Appointments required by this subdivision shall be made within 21 days of 49.3enactment of this article. The legislator appointed by the speaker of the house shall serve 49.4as chair of the task force.49.5    Subd. 4.Report to legislature.The task force shall submit a report to the legislature 49.6on its activities and recommendations no later than December 1, 2011.49.7    Subd. 5. Meetings; staff.(a) Meetings of the task force are subject to Minnesota 49.8Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or 49.9other data that is protected by law.49.10(b) The director of the Legislative Coordinating Commission shall convene the first 49.11meeting of the task force no later than July 1, 2011, or within 30 days of enactment of 49.12this section, whichever is later, and shall provide staff as necessary to support the work of 49.13the task force.49.14    Sec. 17. EFFECTIVE DATE.49.15Except where otherwise provided, this article is effective August 14, 2012, and 49.16applies to elections held on or after that date.49.17ARTICLE 449.18RECOUNTS49.19    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 
         204C.36 204C.33 and chapter 204E. 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 
         204C.36 204C.33 and chapter 204E. 50.12    Sec. 2. [204E.01] APPLICABILITY.50.13This chapter establishes procedures for the conduct of all automatic and discretionary 50.14recounts provided for in law.50.15    Sec. 3. [204E.02] RECOUNT OFFICIALS.50.16(a) The secretary of state or the secretary of state's designee is the recount official 50.17for recounts conducted by the State Canvassing Board. The county auditor or the county 50.18auditor's designee is the recount official for recounts conducted by the county canvassing 50.19board. The county auditor or the county auditor's designee shall conduct recounts for 50.20county offices. The municipal clerk or the municipal clerk's designee is the recount official 50.21for recounts conducted by the municipal governing body. The school district clerk or 50.22the school district clerk's designee is the recount official for recounts conducted by the 50.23school board, or by a school district canvassing board as provided in section 205A.10, 50.24subdivision 5.50.25(b) A recount official may delegate the duty to conduct a recount to a county auditor 50.26or municipal clerk by mutual consent. When the person who would otherwise serve as 50.27recount official is a candidate or is the employee or other subordinate, spouse, child, 50.28parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling 50.29of a candidate for the office to be recounted, the appropriate canvassing board shall select 50.30a county auditor or municipal clerk from another jurisdiction to conduct the recount.50.31(c) As used in this chapter, "legal adviser" means counsel to the recount official and 50.32the canvassing board for the office being recounted.50.33    Sec. 4. [204E.03] SCOPE OF RECOUNTS.51.1A recount conducted as provided in this chapter is limited in scope to the 51.2determination of the number of votes validly cast for the office to be recounted. Only the 51.3ballots cast in the election and the summary statements certified by the election judges 51.4may be considered in the recount process. Original ballots that have been duplicated 51.5under section 206.86, subdivision 5, are not within the scope of a recount and must not be 51.6examined except as provided by a court in an election contest under chapter 209.51.7    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.51.8    Subdivision 1.Automatic recounts.(a) In a state primary when the difference 51.9between the votes cast for the candidates for nomination to a statewide federal office, 51.10state constitutional office, statewide judicial office, congressional office, state legislative 51.11office, or district judicial office is:51.12(1) less than one-half of one percent of the total number of votes counted for that 51.13nomination; or51.14(2) ten votes or less and the total number of votes cast for the nomination is 400 51.15votes or less, 51.16and the difference determines the nomination, the canvassing board with responsibility for 51.17declaring the results for that office shall manually recount the vote.51.18(b) In a state general election when the difference between the votes of a candidate 51.19who would otherwise be declared elected to a statewide federal office, state constitutional 51.20office, statewide judicial office, congressional office, state legislative office, or district 51.21judicial office and the votes of any other candidate for that office is:51.22(1) less than one-half of one percent of the total number of votes counted for that 51.23office; or51.24(2) ten votes or less if the total number of votes cast for the office is 400 votes or less, 51.25the canvassing board shall manually recount the votes.51.26(c) Time for notice of a contest for an office recounted under this section begins to 51.27run upon certification of the results of the recount by the canvassing board, or as otherwise 51.28provided in section 209.021.51.29(d) A losing candidate may waive a recount required by this section by filing a 51.30written notice of waiver with the canvassing board.51.31    Subd. 2.Discretionary candidate recount.(a) A losing candidate whose name was 51.32on the ballot for nomination or election to a statewide federal office, state constitutional 51.33office, statewide judicial office, congressional office, state legislative office, or district 51.34judicial office may request a recount in a manner provided in this section at the candidate's 51.35own expense when the vote difference is greater than the difference required by this 52.1section. The votes must be manually recounted as provided in this section if the candidate 52.2files a request during the time for filing notice of contest of the primary or election for 52.3which a recount is sought.52.4(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 52.5an amount set by the filing officer for the payment of the recount expenses. The requesting 52.6candidate is responsible for the following expenses: the compensation of the secretary of 52.7state or designees and any election judge, municipal clerk, county auditor, administrator, 52.8or other personnel who participate in the recount; necessary supplies and travel related to 52.9the recount; the compensation of the appropriate canvassing board and costs of preparing 52.10for the canvass of recount results; and any attorney fees incurred in connection with the 52.11recount by the governing body responsible for the recount.52.12(c) The requesting candidate may provide the filing officer with a list of up to three 52.13precincts that are to be recounted first and may waive the balance of the recount after these 52.14precincts have been counted. If the candidate provides a list, the recount official must 52.15determine the expenses for those precincts in the manner provided by paragraph (b).52.16(d) If the winner of the race is changed by the optional recount, the cost of the 52.17recount must be paid by the jurisdiction conducting the recount.52.18(e) If a result of the vote counting in the manual recount is different from the result 52.19of the vote counting reported on election day by a margin greater than the standard for 52.20acceptable performance of voting systems provided in section 206.89, subdivision 4, the 52.21cost of the recount must be paid by the jurisdiction conducting the recount.52.22    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND 52.23MUNICIPAL ELECTIONS.52.24    Subdivision 1.Required recounts.(a) Except as provided in paragraph (b), a 52.25losing candidate for nomination or election to a county, municipal, or school district office 52.26may request a recount of the votes cast for the nomination or election to that office if 52.27the difference between the votes cast for that candidate and for a winning candidate for 52.28nomination or election is less than one-half of one percent of the total votes counted for 52.29that office. In case of offices where two or more seats are being filled from among all the 52.30candidates for the office, the one-half of one percent difference is between the elected 52.31candidate with the fewest votes and the candidate with the most votes from among the 52.32candidates who were not elected.52.33(b) A losing candidate for nomination or election to a county, municipal, or school 52.34district office may request a recount of the votes cast for nomination or election to that 52.35office if the difference between the votes cast for that candidate and for a winning 53.1candidate for nomination or election is ten votes or less, and the total number of votes cast 53.2for the nomination or election of all candidates is no more than 400. In cases of offices 53.3where two or more seats are being filled from among all the candidates for the office, 53.4the ten-vote difference is between the elected candidate with the fewest votes and the 53.5candidate with the most votes from among the candidates who were not elected.53.6(c) Candidates for county offices shall file a written request for the recount with the 53.7county auditor. Candidates for municipal or school district offices shall file a written 53.8request with the municipal or school district clerk as appropriate. All requests must be 53.9filed during the time for notice of contest of the primary or election for which a recount 53.10is sought.53.11(d) Upon receipt of a request made pursuant to this section, the county auditor 53.12shall recount the votes for a county office at the expense of the county, the governing 53.13body of the municipality shall recount the votes for a municipal office at the expense of 53.14the municipality, and the school board of the school district shall recount the votes for a 53.15school district office at the expense of the school district.53.16    Subd. 2.Discretionary candidate recounts.(a) A losing candidate for nomination 53.17or election to a county, municipal, or school district office may request a recount in the 53.18manner provided in this section at the candidate's own expense when the vote difference 53.19is greater than the difference required by subdivision 1. The votes must be manually 53.20recounted as provided in this section if the requesting candidate files with the county 53.21auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by 53.22the governing body of the jurisdiction or the school board of the school district for the 53.23payment of the recount expenses.53.24    (b) The requesting candidate may provide the filing officer with a list of up to three 53.25precincts that are to be recounted first and may waive the balance of the recount after these 53.26precincts have been counted. If the candidate provides a list, the recount official must 53.27determine the expenses for those precincts in the manner provided by this paragraph.53.28    (c) If the winner of the race is changed by the optional recount, the cost of the 53.29recount must be paid by the jurisdiction conducting the recount.53.30    (d) If a result of the vote counting in the manual recount is different from the result 53.31of the vote counting reported on election day by a margin greater than the standard for 53.32acceptable performance of voting systems provided in section 206.89, subdivision 4, the 53.33cost of the recount must be paid by the jurisdiction conducting the recount.53.34    Subd. 3.Discretionary ballot question recounts.A recount may be conducted 53.35for a ballot question when the difference between the votes for and the votes against the 53.36question is less than or equal to the difference provided in subdivision 1. A recount may 54.1be requested by any person eligible to vote on the ballot question. A written request for a 54.2recount must be filed with the filing officer of the county, municipality, or school district 54.3placing the question on the ballot and must be accompanied by a petition containing the 54.4signatures of 25 voters eligible to vote on the question. Upon receipt of a written request 54.5when the difference between the votes for and the votes against the question is less than or 54.6equal to the difference provided in subdivision 1, the county auditor shall recount the votes 54.7for a county question at the expense of the county, the governing body of the municipality 54.8shall recount the votes for a municipal question at the expense of the municipality, and the 54.9school board of the school district shall recount the votes for a school district question at 54.10the expense of the school district. If the difference between the votes for and the votes 54.11against the question is greater than the difference provided in subdivision 1, the person 54.12requesting the recount shall also file with the filing officer of the county, municipality, or 54.13school district a bond, cash, or surety in an amount set by the appropriate governing body 54.14for the payment of recount expenses. The written request, petition, and any bond, cash, 54.15or surety required must be filed during the time for notice of contest for the election for 54.16which the recount is requested.54.17    Subd. 4.Expenses.In the case of a question, a person, or a candidate requesting a 54.18discretionary recount, is responsible for the following expenses: the compensation of the 54.19secretary of state, or designees, and any election judge, municipal clerk, county auditor, 54.20administrator, or other personnel who participate in the recount; necessary supplies and 54.21travel related to the recount; the compensation of the appropriate canvassing board and 54.22costs of preparing for the canvass of recount results; and any attorney fees incurred in 54.23connection with the recount by the governing body responsible for the recount.54.24    Subd. 5.Notice of contest.Except as otherwise provided in section 209.021, the 54.25time for notice of contest of a nomination or election to an office which is recounted 54.26pursuant to this section begins to run upon certification of the results of the recount by the 54.27appropriate canvassing board or governing body.54.28    Sec. 7. [204E.06] NOTICE.54.29Within 24 hours after determining that an automatic recount is required or within 48 54.30hours of receipt of a written request for a recount and filing of a security deposit if one is 54.31required, the official in charge of the recount shall send notice to the candidates for the 54.32office to be recounted and the county auditor of each county wholly or partially within 54.33the election district. The notice must include the date, starting time, and location of the 54.34recount, the office to be recounted, and the name of the official performing the recount. 55.1The notice must state that the recount is open to the public and, in case of an automatic 55.2recount, that the losing candidate may waive the recount.55.3    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.55.4(a) The official who has custody of the voted ballots is responsible for keeping 55.5secure all election materials. Registration cards of voters who registered on election day 55.6may be processed as required by rule. All other election materials must be kept secure by 55.7precinct as returned by the election judges until all recounts have been completed and until 55.8the time for contest of election has expired.55.9(b) Any candidate for an office to be recounted may have all materials relating 55.10to the election, including, but not limited to, polling place rosters, voter registration 55.11applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes, 55.12applications for absentee ballots, precinct summary statements, printouts from voting 55.13machines, and precinct incident logs inspected before the canvassing board may certify 55.14the results of the recount.55.15    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.55.16All recounts must be accessible to the public. In a multicounty recount the secretary 55.17of state may locate the recount in one or more of the election jurisdictions or at the site of 55.18the canvassing board. Each election jurisdiction where a recount is conducted shall make 55.19available, without charge to the recount official or body conducting the recount, adequate 55.20accessible space and all necessary equipment and facilities.55.21    Sec. 10. [204E.09] GENERAL PROCEDURES.55.22At the opening of a recount, the recount official or legal adviser shall present the 55.23procedures contained in this section for the recount. The custodian of the ballots shall 55.24make available to the recount official the precinct summary statements, the precinct boxes 55.25or the sealed containers of voted ballots, and any other election materials requested by the 55.26recount official. If the recount official needs to leave the room for any reason, the recount 55.27official must designate a deputy recount official to preside during the recount official's 55.28absence. A recount official must be in the room at all times. The containers of voted ballots 55.29must be unsealed and resealed within public view. No ballots or election materials may be 55.30handled by candidates, their representatives, or members of the public. There must be an 55.31area of the room from which the public may observe the recount. Cell phones and video 55.32cameras may be used in this public viewing area, as long as their use is not disruptive. The 55.33recount official shall arrange the counting of the ballots so that the candidates and their 56.1representatives may observe the ballots as they are recounted. Candidates may each have 56.2one representative observe the sorting of each precinct. One additional representative per 56.3candidate may observe the ballots when they have been sorted and are being counted 56.4pursuant to section 204E.10. Candidates may have additional representatives in the public 56.5viewing area of the room. If other election materials are handled or examined by the 56.6recount officials, the candidates and their representatives may observe them. The recount 56.7official shall ensure that public observation does not interfere with the counting of the 56.8ballots. The recount official shall prepare a summary of the recount vote by precinct.56.9    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.56.10    Subdivision 1.Breaks in counting process.Recount officials may not take a break 56.11for a meal or for the day prior to the completion of the sorting, counting, review, and 56.12labeling of challenges, and secure storage of the ballots for any precinct. All challenged 56.13ballots must be stored securely during breaks in the counting process.56.14    Subd. 2.Sorting ballots.Ballots must be recounted by precinct. The recount 56.15official shall open the sealed container of ballots and recount them in accordance with 56.16section 204C.22. The recount official must review each ballot and sort the ballots into 56.17piles based upon the recount official's determination as to which candidate, if any, the 56.18voter intended to vote for: one pile for each candidate that is the subject of the recount 56.19and one pile for all other ballots. 56.20    Subd. 3.Challenge.During the sorting, a candidate or candidate's representative 56.21may challenge the ballot if he or she disagrees with the recount official's determination of 56.22for whom the ballot should be counted and whether there are identifying marks on the 56.23ballot. At a recount of a ballot question, the manner in which a ballot is counted may 56.24be challenged by the person who requested the recount or that person's representative. 56.25Challenges may not be automatic or frivolous and the challenger must state the basis 56.26for the challenge pursuant to section 204C.22. Challenged ballots must be placed into 56.27separate piles, one for ballots challenged by each candidate. Only the canvassing board 56.28with responsibility to certify the results of the recount has the authority to declare a 56.29challenge to be "frivolous."56.30    Subd. 4. Counting ballots.Once ballots have been sorted, the recount officials must 56.31count the piles using the stacking method described in section 204C.21. A candidate or 56.32candidate's representative may immediately request to have a pile of 25 counted a second 56.33time if there is not agreement as to the number of votes in the pile.56.34    Subd. 5.Reviewing and labeling challenged ballots.After the ballots from 56.35a precinct have been counted, the recount official may review the challenged ballots 57.1with the candidate or the candidate's representative. The candidate's representative may 57.2choose to withdraw any challenges previously made. The precinct name, the reason 57.3for the challenge, and the name of the person challenging the ballot or the candidate 57.4that person represents, and a sequential number must be marked on the back of each 57.5remaining challenged ballot before it is placed in an envelope marked "Challenged 57.6Ballots." After the count of votes for the precinct has been determined, all ballots except 57.7the challenged ballots must be resealed in the ballot envelopes and returned with the other 57.8election materials to the custodian of the ballots. The recount official may make copies 57.9of the challenged ballots. After the count of votes for all precincts has been determined 57.10during that day of counting, the challenged ballot envelope must be sealed and kept secure 57.11for presentation to the canvassing board.57.12    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.57.13    Subdivision 1.Certification of results.The recount official shall present the 57.14summary statement of the recount and any challenged ballots to the canvassing board. 57.15The candidate or candidate's representative who made the challenge may present the 57.16basis for the challenge to the canvassing board. The canvassing board shall rule on the 57.17challenged ballots and incorporate the results into the summary statement. The canvassing 57.18board shall certify the results of the recount. Challenged ballots must be returned to the 57.19election official who has custody of the ballots.57.20    Subd. 2.Tie votes.In case of a tie vote for nomination or election to an office, the 57.21canvassing board with the responsibility for declaring the results for that office shall 57.22determine the tie by lot.57.23    Sec. 13. [204E.12] SECURITY DEPOSIT.57.24When a bond, cash, or surety for recount expenses is required by section 204E.04 57.25or 204E.05, the governing body or recount official shall set the amount of the security 57.26deposit at an amount which will cover expected recount expenses. In multicounty districts, 57.27the secretary of state shall set the amount taking into consideration the expenses of the 57.28election jurisdictions in the district and the expenses of the secretary of state. The security 57.29deposit must be filed during the period for requesting an administrative recount. In 57.30determining the expenses of the recount, only the actual recount expenditures incurred 57.31by the recount official and the election jurisdiction in conducting the recount may be 57.32included. General office and operating costs may not be taken into account.57.33    Sec. 14. REVISOR'S INSTRUCTION.58.1Except where otherwise amended by this article, the revisor of statutes shall 58.2renumber each section of Minnesota Statutes listed in column A with the number listed in 58.3column B. The revisor shall make necessary cross-reference changes consistent with the 58.4renumbering.

58.5Column AColumn B58.6204C.34204E.11, subdivision 258.7204C.35204E.0458.8204C.36204E.05

58.9    Sec. 15.  REPEALER.58.10Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are 58.11repealed.58.12    Sec. 16. EFFECTIVE DATE.58.13This article is effective June 1, 2011, and applies to recounts conducted on or after 58.14that date.58.15ARTICLE 558.16TITLE58.17    Section 1. TITLE.58.18This act shall be known as "The 21st Century Voting Act."