1.1 	A bill for an act
1.2 	relating to elections; amending same day voter registration provisions; amending 
1.3 	the process for challenged voters; providing for provisional ballots;amending 
1.4 	Minnesota Statutes 2010, sections 201.061, subdivision 3; 204C.12, subdivision 
1.5 	3; 204C.32, subdivision 2; 204C.33, subdivision 1; 204C.37; 205.185, 
1.6 	subdivision 3; 205A.10, subdivision 3; Minnesota Statutes 2011 Supplement, 
1.7 	sections 205.065, subdivision 5; 205A.03, subdivision 4; Laws 2011, chapter 65, 
1.8 	section 4; proposing coding for new law in Minnesota Statutes, chapter 204C.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
1.11 		Subd. 3.Election day registration. (a) An individual who is eligible to vote may 
1.12 	register on election day by appearing in person at the polling place for the precinct in 
1.13 	which the individual maintains residence, by completing a registration application, making 
1.14 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
1.15 	An individual seeking to register on election day may be challenged, as provided in section 
1.16 	204C.12. An individual may prove residence for purposes of registering by:
1.17 	(1) presenting a driver's license or Minnesota identification card issued pursuant 
1.18 	to section 171.07;
1.19 	(2) presenting any document approved by the secretary of state as proper 
1.20 	identification;
1.21 	(3) presenting one of the following:
1.22 	(i) a current valid student identification card from a postsecondary educational 
1.23 	institution in Minnesota, if a list of students from that institution has been prepared under 
1.24 	section 135A.17 and certified to the county auditor in the manner provided in rules of 
1.25 	the secretary of state; or
2.1 	(ii) a current student fee statement that contains the student's valid address in the 
2.2 	precinct together with a picture identification card; or
2.3 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
2.4 	employed by and working in a residential facility in the precinct and vouching for a 
2.5 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
2.6 	voter or employee personally knows that the individual is a resident of the precinct. A 
2.7 	voter who has been vouched for on election day may not sign a proof of residence oath 
2.8 	vouching for any other individual on that election day. A voter who is registered to vote in 
2.9 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
2.10 	does not apply to an employee of a residential facility described in this clause. The 
2.11 	secretary of state shall provide a form for election judges to use in recording the number 
2.12 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
2.13 	form must include space for the maximum number of individuals for whom a voter may 
2.14 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
2.15 	a statement that the voter is registered to vote in the precinct, personally knows that the 
2.16 	individual is a resident of the precinct, and is making the statement on oath. The form must 
2.17 	include a space for the voter's printed name, signature, telephone number, and address.
2.18 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
2.19 	attached to the voter registration application.
2.20 	(b) The operator of a residential facility shall prepare a list of the names of its 
2.21 	employees currently working in the residential facility and the address of the residential 
2.22 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
2.23 	no less than 20 days before each election for use in election day registration.
2.24 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
2.25 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
2.26 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
2.27 	5; a residence registered with the commissioner of health as a housing with services 
2.28 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
2.29 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
2.30 	licensed by the commissioner of human services to provide a residential program as 
2.31 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
2.32 	developmental disability licensed by the commissioner of human services under section 
2.33 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
2.34 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
2.35 	publicly or privately operated shelter or dwelling designed to provide temporary living 
2.36 	accommodations for the homeless.
3.1 	(d) For tribal band members, an individual may prove residence for purposes of 
3.2 	registering by:
3.3 	(1) presenting an identification card issued by the tribal government of a tribe 
3.4 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
3.5 	contains the name, address, signature, and picture of the individual; or
3.6 	(2) presenting an identification card issued by the tribal government of a tribe 
3.7 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
3.8 	contains the name, signature, and picture of the individual and also presenting one of the 
3.9 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
3.10 	(e) A county, school district, or municipality may require that an election judge 
3.11 	responsible for election day registration initial each completed registration application.

3.12 	Sec. 2. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
3.13 		Subd. 3.Determination of residence. (a) In determining the legal residence of a 
3.14 	challenged individual, the election judges shall be governed by the principles contained in 
3.15 	section 200.031. If the challenged individual's answers to the questions show eligibility to 
3.16 	vote in that precinct, the individual shall be allowed to vote.
3.17 	(b) If the challenged individual's answers to the questions show ineligibility to 
3.18 	vote in that precinct, the individual shall not be allowed to vote cast a provisional ballot 
3.19 	as provided in section 204C.135. If the answers to the questions fail to show that the 
3.20 	individual is not eligible to vote in that precinct and the challenge is not withdrawn, the 
3.21 	individual shall be allowed to cast a provisional ballot as provided in section 204C.135. 
3.22 	(c) If the individual has marked ballots but not yet deposited them in the ballot boxes 
3.23 	before the election judges determine ineligibility to vote in that precinct, the marked 
3.24 	ballots shall be placed unopened with the spoiled ballots. If the answers to the questions 
3.25 	fail to show that the individual is not eligible to vote in that precinct and the challenge 
3.26 	is not withdrawn, the election judges shall verbally administer the oath on the voter 
3.27 	certificate to the individual. After taking the oath and completing and signing the voter 
3.28 	certificate, the challenged individual shall be allowed to vote.

3.29 	Sec. 3. [204C.135] PROVISIONAL BALLOTS.
3.30 		Subdivision 1.Casting of provisional ballots.  (a) A voter whose eligibility to 
3.31 	vote is challenged in the polling place and who is unable to overcome the challenge as 
3.32 	permitted by section 204C.12 shall be allowed to cast a provisional ballot in the manner 
3.33 	provided by this section.
4.1 	(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster 
4.2 	and complete a provisional ballot envelope. The envelope must contain a space for the 
4.3 	voter to list the voter's name, address of residence, date of birth, voter identification 
4.4 	number, and any other information prescribed by the secretary of state. The voter must 
4.5 	also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously 
4.6 	in the same election, and meets the criteria for registering to vote in the precinct in which 
4.7 	the voter appears.
4.8 	(c) Once the voter has completed the provisional ballot envelope, the voter must 
4.9 	be allowed to cast a provisional ballot. The provisional ballot must be the same as the 
4.10 	official ballot available in the precinct on election day. A completed provisional ballot 
4.11 	shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside 
4.12 	the voter's provisional ballot envelope and deposited by the voter in a secure, sealed 
4.13 	provisional ballot box. Completed provisional ballots may not be combined with other 
4.14 	voted ballots in the polling place.
4.15 	(d) The form of the secrecy and provisional ballot envelopes shall be prescribed by 
4.16 	the secretary of state. The provisional ballot envelope must be a color other than that 
4.17 	provided for absentee ballot envelopes and must be prominently labeled "Provisional 
4.18 	Ballot Envelope."
4.19 	(e) Provisional ballots and related documentation shall be delivered to and securely 
4.20 	maintained by the county auditor or municipal clerk in the same manner as required for 
4.21 	other election materials under sections 204C.27 and 204C.28.
4.22 		Subd. 2.Counting provisional ballots. (a) A voter who casts a provisional ballot in 
4.23 	the polling place may personally appear before the county auditor or municipal clerk no 
4.24 	later than seven calendar days following the election to prove that the voter's provisional 
4.25 	ballot should be counted. The county auditor or municipal clerk must count a provisional 
4.26 	ballot in the final certified results from the precinct if: 
4.27 	(1) the statewide voter registration system indicates that the voter is eligible to 
4.28 	vote or, if challenged, the county auditor or municipal clerk does not, based upon 
4.29 	available records and any documentation presented by the voter, conclude that the voter is 
4.30 	ineligible; and
4.31 	(2) the voter presents proof of residence in the precinct in the same manner as 
4.32 	proving residency for same day registration in section 201.061, subdivision 3.
4.33 	(b) If a voter does not appear before the county auditor or municipal clerk within 
4.34 	seven calendar days following the election or otherwise does not satisfy the requirements 
4.35 	of paragraph (a), or if the data listed on the items of identification presented by the voter 
5.1 	does not match the data submitted by the voter on the provisional ballot envelope, the 
5.2 	voter's provisional ballot must not be counted.
5.3 	(c) The county auditor or municipal clerk must notify, in writing, any provisional 
5.4 	voter who does not appear within seven calendar days of the election that the voter's 
5.5 	provisional ballot was not counted because of the voter's failure to appear before the 
5.6 	county auditor or municipal clerk within the time permitted by law to determine whether 
5.7 	the provisional ballot should be counted.
5.8 		Subd. 3.Provisional ballots; reconciliation. Prior to counting any provisional 
5.9 	ballots in the final vote totals from a precinct, the county auditor must verify that the 
5.10 	number of signatures appearing on the provisional ballot roster from that precinct is equal 
5.11 	to the number of provisional ballots submitted by voters in the precinct on election day. 
5.12 	Any discrepancy must be resolved before the provisional ballots from the precinct may 
5.13 	be counted. Excess provisional ballots must be randomly withdrawn in the manner 
5.14 	required by section 204C.20, subdivision 2, after the period for a voter to appear to prove 
5.15 	residence and identity has expired and the ballots to be counted have been separated from 
5.16 	the provisional ballot envelopes.

5.17 	Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 2, is amended to read:
5.18 		Subd. 2.State canvass. The State Canvassing Board shall meet at the Secretary of 
5.19 	State's Office seven14 days after the state primary to canvass the certified copies of the 
5.20 	county canvassing board reports received from the county auditors. Immediately after 
5.21 	the canvassing board declares the results, the secretary of state shall certify the names of 
5.22 	the nominees to the county auditors. The secretary of state shall mail to each nominee 
5.23 	a notice of nomination.

5.24 	Sec. 5. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
5.25 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
5.26 	county auditor's office between the thirdeighth and tenth14th days following the state 
5.27 	general election. After taking the oath of office, the board shall promptly and publicly 
5.28 	canvass the general election returns delivered to the county auditor. Upon completion of 
5.29 	the canvass, the board shall promptly prepare and file with the county auditor a report 
5.30 	which states:
5.31 	(a) the number of individuals voting at the election in the county and in each precinct;
5.32 	(b) the number of individuals registering to vote on election day and the number of 
5.33 	individuals registered before election day in each precinct;
6.1 	(c) the names of the candidates for each office and the number of votes received by 
6.2 	each candidate in the county and in each precinct;
6.3 	(d) the number of votes counted for and against a proposed change of county lines 
6.4 	or county seat; and
6.5 	(e) the number of votes counted for and against a constitutional amendment or other 
6.6 	question in the county and in each precinct.
6.7 	The result of write-in votes cast on the general election ballots must be compiled by 
6.8 	the county auditor before the county canvass, except that write-in votes for a candidate for 
6.9 	federal, state, or county office must not be counted unless the candidate has timely filed a 
6.10 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
6.11 	municipality to provide an adequate number of election judges to perform this duty or the 
6.12 	county auditor may appoint additional election judges for this purpose. The county auditor 
6.13 	may open the envelopes or containers in which the voted ballots have been sealed in order 
6.14 	to count and record the write-in votes and must reseal the voted ballots at the conclusion 
6.15 	of this process. The county auditor must prepare a separate report of votes received by 
6.16 	precinct for write-in candidates for federal, state, and county offices who have requested 
6.17 	under section 204B.09 that votes for those candidates be tallied.
6.18 	Upon completion of the canvass, the county canvassing board shall declare the 
6.19 	candidate duly elected who received the highest number of votes for each county and state 
6.20 	office voted for only within the county. The county auditor shall transmit a certified 
6.21 	copy of the county canvassing board report for state and federal offices to the secretary 
6.22 	of state by messenger, express mail, or similar service immediately upon conclusion of 
6.23 	the county canvass.

6.24 	Sec. 6. Minnesota Statutes 2010, section 204C.37, is amended to read:
6.25 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
6.26 	STATE.
6.27 	A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, 
6.28 	subdivision 1, shall be certified under the official seal of the county auditor. The copy shall 
6.29 	be enclosed in an envelope addressed to the secretary of state, with the county auditor's 
6.30 	name and official address and the words "Election Returns" endorsed on the envelope. The 
6.31 	copy of the canvassing board report and the precinct summary statements must be sent 
6.32 	by express mail or delivered to the secretary of state. If the copy is not received by the 
6.33 	secretary of state within ten days following the applicable a primary election, or within 16 
6.34 	days following a general election, the secretary of state shall immediately notify the county 
6.35 	auditor, who shall deliver another copy to the secretary of state by special messenger.

7.1 	Sec. 7. Minnesota Statutes 2011 Supplement, section 205.065, subdivision 5, is 
7.2 	amended to read:
7.3 		Subd. 5.Results. (a) The municipal primary shall be conducted and the returns 
7.4 	made in the manner provided for the state primary so far as practicable. If the primary 
7.5 	is conducted:
7.6 	(1) only within that municipality, a canvass may be conducted on either the second 
7.7 	or third day after the primary; or
7.8 	(2) in conjunction with the state primary, the canvass must be conducted on the third 
7.9 	day after the primary, except as otherwise provided in paragraph (b).
7.10 	The governing body of the municipality shall canvass the returns, and the two 
7.11 	candidates for each office who receive the highest number of votes, or a number of 
7.12 	candidates equal to twice the number of individuals to be elected to the office, who receive 
7.13 	the highest number of votes, shall be the nominees for the office named. Their names shall 
7.14 	be certified to the municipal clerk who shall place them on the municipal general election 
7.15 	ballot without partisan designation and without payment of an additional fee.
7.16 	(b) Following a municipal primary as described in paragraph (a), clause (2), a 
7.17 	canvass may be conducted on the secondeighth day after the primary if the county auditor 
7.18 	of each county in which the municipality is located agrees to administratively review the 
7.19 	municipality's primary voting statistics for accuracy and completeness within a time that 
7.20 	permits the canvass to be conducted on that day.

7.21 	Sec. 8. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
7.22 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
7.23 	Between the thirdeighth and tenth 14th days after an election, the governing body of a 
7.24 	city conducting any election including a special municipal election, or the governing body 
7.25 	of a town conducting the general election in November shall act as the canvassing board, 
7.26 	canvass the returns, and declare the results of the election. The governing body of a town 
7.27 	conducting the general election in March shall act as the canvassing board, canvass the 
7.28 	returns, and declare the results of the election within twoten days after an election.
7.29 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
7.30 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
7.31 	not be issued until the outcome of the contest has been determined by the proper court.
7.32 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
7.33 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
7.34 	certify the results of the election to the county auditor, and the clerk shall be the final 
7.35 	custodian of the ballots and the returns of the election.

8.1 	Sec. 9. Minnesota Statutes 2011 Supplement, section 205A.03, subdivision 4, is 
8.2 	amended to read:
8.3 		Subd. 4.Results. (a) The school district primary must be conducted and the returns 
8.4 	made in the manner provided for the state primary as far as practicable. If the primary 
8.5 	is conducted:
8.6 	(1) only within that school district, a canvass may be conducted on either the second 
8.7 	or third day after the primary; or
8.8 	(2) in conjunction with the state primary, the canvass must be conducted on the third 
8.9 	day after the primary, except as otherwise provided in paragraph (b).
8.10 	The school board of the school district shall canvass the returns, and the two 
8.11 	candidates for each specified school board position who receive the highest number of 
8.12 	votes, or a number of candidates equal to twice the number of individuals to be elected to 
8.13 	at-large school board positions who receive the highest number of votes, are the nominees 
8.14 	for the office named. Their names must be certified to the school district clerk who shall 
8.15 	place them on the school district general election ballot without partisan designation 
8.16 	and without payment of an additional fee.
8.17 	(b) Following a school district primary as described in paragraph (a), clause (2), a 
8.18 	canvass may be conducted on the secondeighth day after the primary if the county auditor 
8.19 	of each county in which the school district is located agrees to administratively review the 
8.20 	school district's primary voting statistics for accuracy and completeness within a time that 
8.21 	permits the canvass to be conducted on that day.

8.22 	Sec. 10. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
8.23 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. Between 
8.24 	the thirdeighth and tenth14th days after a school district election other than a recount of a 
8.25 	special election conducted under section 126C.17, subdivision 9, or 475.59, the school 
8.26 	board shall canvass the returns and declare the results of the election. After the time for 
8.27 	contesting elections has passed, the school district clerk shall issue a certificate of election 
8.28 	to each successful candidate. If there is a contest, the certificate of election to that office 
8.29 	must not be issued until the outcome of the contest has been determined by the proper 
8.30 	court. If there is a tie vote, the school board shall determine the result by lot. The clerk 
8.31 	shall deliver the certificate of election to the successful candidate by personal service or 
8.32 	certified mail. The successful candidate shall file an acceptance and oath of office in 
8.33 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
8.34 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
8.35 	but that filing may be made at any time before action to fill the vacancy has been taken. 
9.1 	The school district clerk shall certify the results of the election to the county auditor, and 
9.2 	the clerk shall be the final custodian of the ballots and the returns of the election.
9.3 	A school district canvassing board shall perform the duties of the school board 
9.4 	according to the requirements of this subdivision for a recount of a special election 
9.5 	conducted under section 126C.17, subdivision 9, or 475.59.

9.6 	Sec. 11. Laws 2011, chapter 65, section 4, is amended to read:
9.7 	Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
9.8 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
9.9 	county auditor's office on either the second or thirdeighth day following the state primary. 
9.10 	After taking the oath of office, the canvassing board shall publicly canvass the election 
9.11 	returns delivered to the county auditor. The board shall complete the canvass by the 
9.12 	third day following the state primary and shall promptly prepare and file with the county 
9.13 	auditor a report that states:
9.14 	(a) the number of individuals voting at the election in the county, and in each 
9.15 	precinct;
9.16 	(b) the number of individuals registering to vote on election day and the number of 
9.17 	individuals registered before election day in each precinct;
9.18 	(c) for each major political party, the names of the candidates running for each 
9.19 	partisan office and the number of votes received by each candidate in the county and in 
9.20 	each precinct;
9.21 	(d) the names of the candidates of each major political party who are nominated; and
9.22 	(e) the number of votes received by each of the candidates for nonpartisan office in 
9.23 	each precinct in the county and the names of the candidates nominated for nonpartisan 
9.24 	office.
9.25 	Upon completion of the canvass, the county auditor shall mail or deliver a notice of 
9.26 	nomination to each nominee for county office voted for only in that county. The county 
9.27 	auditor shall transmit one of the certified copies of the county canvassing board report 
9.28 	for state and federal offices to the secretary of state by express mail or similar service 
9.29 	immediately upon conclusion of the county canvass. The secretary of state shall mail a 
9.30 	notice of nomination to each nominee for state or federal office.

9.31 	Sec. 12. EFFECTIVE DATE.
 9.32 	Sections 1 to 11 are effective for elections held on or after January 1, 2013.