HF 894

CCR--HF0894 - 88th Legislature (2013 - 2014)

Posted on 05/17/2013 10:23 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 894 1.2A bill for an act 1.3relating to elections; making policy, technical, and clarifying changes to various 1.4provisions related to election law, including provisions related to absentee 1.5voting, redistricting, ballots, registration, voting, caucuses, campaigns, the loss 1.6and restoration of voting rights, vacancies in nomination, county government 1.7structure, and election administration; providing an electronic roster pilot project 1.8and task force; requiring reports; appropriating money;amending Minnesota 1.9Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision 1.103; 103C.305, subdivision 3; 103C.311, subdivision 2; 123A.48, subdivision 1.1114; 201.054, subdivision 2, by adding a subdivision; 201.061, subdivision 3; 1.12201.071, subdivision 2; 201.091, subdivision 8; 201.12, subdivision 3; 201.13, 1.13subdivision 1a; 201.14; 201.157; 201.275; 202A.14, subdivision 1; 203B.02, 1.14subdivision 1; 203B.04, subdivisions 1, 5; 203B.05, subdivision 1; 203B.06, 1.15subdivisions 1, 3; 203B.08, subdivision 3; 203B.081; 203B.121, subdivisions 1.161, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04, by adding a subdivision; 204B.13, 1.17subdivisions 1, 2, 5, by adding subdivisions; 204B.18, subdivision 2; 204B.22, 1.18subdivision 1; 204B.28, subdivision 1; 204B.32, subdivision 1; 204B.33; 1.19204B.35, subdivision 4; 204B.36, subdivision 1; 204B.45, subdivisions 1, 2; 1.20204B.46; 204C.14; 204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25; 1.21204C.27; 204C.35, subdivision 1, by adding a subdivision; 204C.36, subdivision 1.221; 204D.08, subdivision 6; 204D.09, subdivision 2; 204D.11, subdivisions 1, 4, 1.235, 6; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision 1.243; 204D.16; 204D.165; 204D.19, subdivision 2, by adding a subdivision; 1.25205.02, subdivision 2; 205.10, subdivision 3; 205.13, subdivision 1a; 205.16, 1.26subdivisions 4, 5; 205.17, subdivisions 1, 3; 205A.04, by adding a subdivision; 1.27205A.05, subdivisions 1, 2; 205A.07, subdivisions 3, 3a, 3b; 205A.08, 1.28subdivision 1; 206.57, by adding a subdivision; 206.61, subdivision 4; 206.89, 1.29subdivision 2, by adding a subdivision; 206.895; 206.90, subdivision 6; 208.04, 1.30subdivisions 1, 2; 211B.045; 211B.37; 241.065, subdivision 2; 340A.416, 1.31subdivisions 2, 3; 340A.602; 375.20; 447.32, subdivisions 2, 3, 4; Laws 1963, 1.32chapter 276, section 2, subdivision 2, as amended; proposing coding for new law 1.33in Minnesota Statutes, chapters 2; 204B; 244; repealing Minnesota Statutes 1.342012, sections 2.484; 203B.04, subdivision 6; 204B.12, subdivision 2a; 204B.13, 1.35subdivisions 4, 6; 204B.22, subdivision 2; 204B.42; 204D.11, subdivisions 2, 3; 1.36205.17, subdivisions 2, 4; 205A.08, subdivision 4. 1.37May 17, 2013 1.38The Honorable Paul Thissen 1.39Speaker of the House of Representatives 1.40The Honorable Sandra L. Pappas 2.1President of the Senate 2.2We, the undersigned conferees for H. F. No. 894 report that we have agreed upon the 2.3items in dispute and recommend as follows: 2.4That the Senate recede from its amendments and that H. F. No. 894 be further 2.5amended as follows: 2.6Delete everything after the enacting clause and insert: 2.7"ARTICLE 1 2.8ABSENTEE VOTING 2.9    Section 1. Minnesota Statutes 2012, section 5B.06, is amended to read: 2.105B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT. 2.11A program participant who is otherwise eligible to vote may register with the secretary 2.12of state as an ongoing new text begin a permanent new text end absentee voter. new text begin Notwithstanding section 203B.04, new text end 2.13 new text begin subdivision 5, the secretary of state is not required to send an absentee ballot application new text end 2.14 new text begin prior to each election to a program participant registered as a permanent absentee voter new text end 2.15 new text begin under this section. As soon as practicable before each election, new text end the secretary of state 2.16shall determine the precinct in which the residential address of the program participant is 2.17located and shall request from and receive from the county auditor or other election official 2.18the ballot for that precinct and shall forward the absentee ballot to the program participant 2.19with the other materials for absentee balloting as required by Minnesota law. The program 2.20participant shall complete the ballot and return it to the secretary of state, who shall review 2.21the ballot in the manner provided by section 203B.24. If the ballot and ballot materials 2.22comply with the requirements of that section, the ballot must be certified by the secretary 2.23of state as the ballot of a program participant, and must be forwarded to the appropriate 2.24electoral jurisdiction for tabulation along with all other ballots. The name and address of a 2.25program participant must not be listed in the statewide voter registration system. 2.26    Sec. 2. Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read: 2.27    Subdivision 1. Unable to go to polling place new text begin Absentee voting; eligibility new text end . (a) Any 2.28eligible voter who reasonably expects to be unable to go to the polling place on election 2.29day in the precinct where the individual maintains residence because of absence from the 2.30precinct; illness, including isolation or quarantine under sections to 144.4196 2.31 or United States Code, title 42, sections 264 to 272; disability; religious discipline; 2.32observance of a religious holiday; or service as an election judge in another precinct may 2.33vote by absentee ballot as provided in sections 203B.04 to 203B.15. 2.34(b) If the governor has declared an emergency and filed the declaration with the 2.35secretary of state under section , and the declaration states that the emergency has 3.1made it difficult for voters to go to the polling place on election day, any voter in a 3.2precinct covered by the declaration may vote by absentee ballot as provided in sections 3.3 to . 3.4    Sec. 3. Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read: 3.5    Subdivision 1. Application procedures. (a) Except as otherwise allowed by 3.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for 3.7any election may be submitted at any time not less than one day before the day of that 3.8election. The county auditor shall prepare absentee ballot application forms in the format 3.9provided by the secretary of state and shall furnish them to any person on request. By 3.10January 1 of each even-numbered year, the secretary of state shall make the forms to be 3.11used available to auditors through electronic means. An application submitted pursuant to 3.12this subdivision shall be in writing and shall be submitted to: 3.13    (1) the county auditor of the county where the applicant maintains residence; or 3.14    (2) the municipal clerk of the municipality, or school district if applicable, where 3.15the applicant maintains residence. 3.16    (b) An application shall be approved if it is timely received, signed and dated by 3.17the applicant, contains the applicant's name and residence and mailing addresses, date 3.18of birth, and at least one of the following: 3.19(1) the applicant's Minnesota driver's license number; 3.20(2) Minnesota state identification card number; 3.21(3) the last four digits of the applicant's Social Security number; or 3.22(4) a statement that the applicant does not have any of these numbers. 3.23(c) To be approved, the application must state that the applicant is eligible to vote by 3.24absentee ballot for one of the reasons specified in section , and must contain an oath 3.25that the information contained on the form is accurate, that the applicant is applying on the 3.26applicant's own behalf, and that the applicant is signing the form under penalty of perjury. 3.27(d) An applicant's full date of birth, Minnesota driver's license or state identification 3.28number, and the last four digits of the applicant's Social Security number must not be 3.29made available for public inspection. An application may be submitted to the county 3.30auditor or municipal clerk by an electronic facsimile device. An application mailed or 3.31returned in person to the county auditor or municipal clerk on behalf of a voter by a 3.32person other than the voter must be deposited in the mail or returned in person to the 3.33county auditor or municipal clerk within ten days after it has been dated by the voter and 3.34no later than six days before the election. The absentee ballot applications or a list of 4.1persons applying for an absentee ballot may not be made available for public inspection 4.2until the close of voting on election day. 4.3    (e) An application under this subdivision may contain an application under 4.4subdivision 5 to automatically receive an absentee ballot application. 4.5    Sec. 4. Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read: 4.6    Subd. 5. Permanent illness or disability new text begin absentee voter status new text end . (a) An eligible 4.7voter who reasonably expects to be permanently unable to go to the polling place on 4.8election day because of illness or disability may apply to a county auditor or municipal 4.9clerk under this section to automatically receive an absentee ballot application before each 4.10election, other than an election by mail conducted under section 204B.45, and to have 4.11the status as a permanent absentee voter indicated on the voter's registration record. new text begin An new text end 4.12 new text begin eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws new text end 4.13 new text begin in effect on that date, shall be treated as if the voter applied for status as a permanent new text end 4.14 new text begin absentee voter pursuant to this subdivision. new text end 4.15     new text begin (b) A voter who applies under paragraph (a) must automatically be provided an new text end 4.16 new text begin absentee ballot application for each eligible election. A voter's permanent absentee status new text end 4.17 new text begin ends and automatic ballot application delivery must be terminated on: new text end 4.18     new text begin (1) the voter's written request; new text end 4.19     new text begin (2) the voter's death; new text end 4.20     new text begin (3) return of an absentee ballot as undeliverable; or new text end 4.21     new text begin (4) a change in the voter's status to "challenged" or "inactive" in the statewide voter new text end 4.22 new text begin registration system. new text end 4.23    (b) new text begin (c) new text end The secretary of state shall adopt rules governing procedures under this 4.24subdivision. 4.25    Sec. 5. Minnesota Statutes 2012, section 203B.06, subdivision 1, is amended to read: 4.26    Subdivision 1. Printing and delivery of forms. Each county auditor and municipal 4.27clerk shall prepare and print a sufficient number of blank application forms for absentee 4.28ballots. The county auditor or municipal clerk shall deliver a blank application form to 4.29any voter who requests one pursuant to section 203B.04. Blank application forms must be 4.30mailed to eligible voters who have requested an application pursuant to section 203B.04, 4.31subdivision 5 or 6, at least 60 days before: 4.32(1) each regularly scheduled primary for federal, state, county, city, or school board 4.33office; 5.1(2) each regularly scheduled general election for city or school board office for 5.2which a primary is not held; and 5.3(3) a special primary to fill a federal or county office vacancy or special election to 5.4fill a federal or county office vacancy, if a primary is not required to be held pursuant to 5.5section 204D.03, subdivision 3, or 204D.07, subdivision 3; and 5.6(4) any election held in conjunction with an election described in clauses (1) to (3); 5.7or at least 45 days before any other primary or other election for which a primary is not held. 5.8    Sec. 6. Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read: 5.9    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot 5.10board shall take possession of all return envelopes delivered to them in accordance with 5.11section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district 5.12clerk, two or more members of the ballot board shall examine each return envelope and 5.13shall mark it accepted or rejected in the manner provided in this subdivision. Election 5.14judges performing the duties in this section must be of different major political parties, 5.15unless they are exempt from that requirement under section 205.075, subdivision 4, or 5.16section 205A.10, subdivision 2. 5.17(b) The members of the ballot board shall mark the return envelope "Accepted" and 5.18initial or sign the return envelope below the word "Accepted" if a majority of the members 5.19of the ballot board examining the envelope are satisfied that: 5.20(1) the voter's name and address on the return envelope are the same as the 5.21information provided on the absentee ballot application; 5.22(2) the voter signed the certification on the envelope; 5.23(3) the voter's Minnesota driver's license, state identification number, or the last four 5.24digits of the voter's Social Security number are the same as the number provided on the 5.25voter's application for ballots. If the number does not match the number as submitted on 5.26the application, or if a number was not submitted on the application, the election judges 5.27must compare the signature provided by the applicant to determine whether the ballots 5.28were returned by the same person to whom they were transmitted; 5.29(4) the voter is registered and eligible to vote in the precinct or has included a 5.30properly completed voter registration application in the return envelope; 5.31(5) the certificate has been completed as prescribed in the directions for casting an 5.32absentee ballot; and 5.33(6) the voter has not already voted at that election, either in person or, if it is after the 5.34close of business on the fourth new text begin seventh new text end day before the election, by absentee ballot. 6.1The return envelope from accepted ballots must be preserved and returned to the 6.2county auditor. 6.3(c)(1) If a majority of the members of the ballot board examining a return envelope 6.4find that an absentee voter has failed to meet one of the requirements provided in 6.5paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the 6.6word "Rejected," list the reason for the rejection on the envelope, and return it to the 6.7county auditor. There is no other reason for rejecting an absentee ballot beyond those 6.8permitted by this section. Failure to place the ballot within the security envelope before 6.9placing it in the outer white envelope is not a reason to reject an absentee ballot. 6.10(2) If an envelope has been rejected at least five days before the election, the 6.11envelope must remain sealed and the official in charge of the ballot board shall provide the 6.12voter with a replacement absentee ballot and return envelope in place of the rejected ballot. 6.13(3) If an envelope is rejected within five days of the election, the envelope must 6.14remain sealed and the official in charge of the ballot board must attempt to contact the 6.15voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 6.16The official must document the attempts made to contact the voter. 6.17(d) The official in charge of the absentee ballot board must mail the voter a written 6.18notice of absentee ballot rejection between six and ten weeks following the election. If the 6.19official determines that the voter has otherwise cast a ballot in the election, no notice is 6.20required. If an absentee ballot arrives after the deadline for submission provided by this 6.21chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A 6.22notice of absentee ballot rejection must contain the following information: 6.23(1) the date on which the absentee ballot was rejected or, if the ballot was received 6.24after the required deadline for submission, the date on which the ballot was received; 6.25(2) the reason for rejection; and 6.26(3) the name of the appropriate election official to whom the voter may direct further 6.27questions, along with appropriate contact information. 6.28(e) An absentee ballot return envelope marked "Rejected" may not be opened or 6.29subject to further review except in an election contest filed pursuant to chapter 209. 6.30    Sec. 7. Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read: 6.31    Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal 6.32clerk must immediately record that a voter's absentee ballot has been accepted. After the 6.33close of business on the fourth new text begin seventh new text end day before the election, a voter whose record 6.34indicates that an absentee ballot has been accepted must not be permitted to cast another 6.35ballot at that election. In a state primary, general, or state special election for federal or 7.1state office, the auditor or clerk must also record this information in the statewide voter 7.2registration system. 7.3(b) The roster must be marked, and a supplemental report of absentee voters who 7.4submitted a voter registration application with their ballot must be created, no later than 7.5the start of voting on election day to indicate the voters that have already cast a ballot at 7.6the election. The roster may be marked either: 7.7(1) by the county auditor or municipal clerk before election day; 7.8(2) by the ballot board before election day; or 7.9(3) by the election judges at the polling place on election day. 7.10The record of a voter whose absentee ballot was received after the close of business 7.11on the fourth new text begin seventh new text end day before the election is not required to be marked on the roster or 7.12contained in a supplemental report as required by this paragraph. 7.13    Sec. 8. Minnesota Statutes 2012, section 203B.121, subdivision 4, is amended to read: 7.14    Subd. 4. Opening of envelopes. After the close of business on the fourth new text begin seventh new text end 7.15 day before the election, the ballots from return envelopes marked "Accepted" may be 7.16opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, 7.17initialed by the members of the ballot board, and deposited in the appropriate ballot box. If 7.18more than one ballot is enclosed in the ballot envelope, the ballots must be returned in the 7.19manner provided by section 204C.25 for return of spoiled ballots, and may not be counted. 7.20    Sec. 9. new text begin REPEALER. new text end 7.21 new text begin Minnesota Statutes 2012, section 203B.04, subdivision 6, new text end new text begin is repealed. new text end 7.22    Sec. 10. new text begin EFFECTIVE DATE; APPLICABILITY. new text end 7.23     new text begin This article is effective January 1, 2014, and applies to voting at elections conducted new text end 7.24 new text begin on the date of the state primary in 2014 and thereafter. new text end 7.25ARTICLE 2 7.26ELECTION ADMINISTRATION 7.27    Section 1. new text begin [2.395] THIRTY-NINTH DISTRICT. new text end 7.28     new text begin Subdivision 1. new text end new text begin Senate district. new text end new text begin Senate District 39 consists of that district as new text end 7.29 new text begin described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie, new text end 7.30 new text begin No. A11-152 (February 21, 2012). new text end 7.31     new text begin Subd. 2. new text end new text begin House of representatives districts. new text end new text begin Notwithstanding the order of the new text end 7.32 new text begin Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February new text end 8.1 new text begin 21, 2012), Senate District 39, as described in that order, is divided into two house of new text end 8.2 new text begin representatives districts as follows: new text end 8.3 new text begin (a) House of Representatives District 39A consists of the district as described in new text end 8.4 new text begin that order, with the modification contained in file L39A-1, on file with the Geographic new text end 8.5 new text begin Information Systems Office of the Legislative Coordinating Commission and published on new text end 8.6 new text begin its Web site on March 9, 2012. new text end 8.7 new text begin (b) House of Representatives District 39B consists of that district as described in new text end 8.8 new text begin that order, with the modification contained in file L39B-1, on file with the Geographic new text end 8.9 new text begin Information Systems Office of the Legislative Coordinating Commission and published on new text end 8.10 new text begin its Web site on March 9, 2012. new text end 8.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the state primary and state general new text end 8.12 new text begin elections conducted in 2014 for terms of office beginning on the first Monday in January new text end 8.13 new text begin 2015, and for all elections held thereafter. new text end 8.14    Sec. 2. new text begin [2.495] FORTY-NINTH DISTRICT. new text end 8.15     new text begin Subdivision 1. new text end new text begin Senate district. new text end new text begin Senate District 49 consists of that district as new text end 8.16 new text begin described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie, new text end 8.17 new text begin No. A11-152 (February 21, 2012). new text end 8.18     new text begin Subd. 2. new text end new text begin House of representatives districts. new text end new text begin Notwithstanding the order of the new text end 8.19 new text begin Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21, new text end 8.20 new text begin 2012), Senate District 49 is divided into two house of representatives districts as follows: new text end 8.21 new text begin (a) House of Representatives District 49A consists of the district as described in new text end 8.22 new text begin that order, with the modification contained in file L49A-2, on file with the Geographic new text end 8.23 new text begin Information Systems Office of the Legislative Coordinating Commission and published on new text end 8.24 new text begin its Web site on March 28, 2012. new text end 8.25 new text begin (b) House of Representatives District 49B consists of the district as described in new text end 8.26 new text begin that order, with the modification contained in file L49B-2, on file with the Geographic new text end 8.27 new text begin Information Systems Office of the Legislative Coordinating Commission and published on new text end 8.28 new text begin its Web site on March 28, 2012. new text end 8.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for the state primary and state general new text end 8.30 new text begin elections conducted in 2014 for terms of office beginning on the first Monday in January new text end 8.31 new text begin 2015, and for all elections held thereafter. new text end 8.32    Sec. 3. Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to read: 9.1    Subd. 3. Referendum. (a) Within 60 days after the petition is received by the state 9.2board, it shall give due notice of the holding of a referendum, schedule the referendum at 9.3the next general election, and cooperate with county election officials to accomplish the 9.4election in the most expedient manner. new text begin Upon receipt of a petition, the state board shall new text end 9.5 new text begin provide written notice to the secretary of state and the county auditor of each county in new text end 9.6 new text begin which the district is located no later than 74 days before the state general election. The new text end 9.7 new text begin notice must include the date of the election and the title and text of the question to be new text end 9.8 new text begin placed on the ballot. new text end Prior to the referendum, the state board shall facilitate the preparation 9.9of a plan to continue the administration of the powers, duties, and responsibilities of the 9.10district, including the functions of the district board. 9.11(b) The question shall be submitted by ballots, upon which the words "For terminating 9.12the existence of new text begin appear on the ballot in the following form: "Shall new text end the .................. (name 9.13of the soil and water conservation district to be here inserted)" and "Against terminating 9.14the existence of the .................. (name of the soil and water conservation district to be here 9.15inserted)" shall be printed, with a square before each proposition and a direction to insert 9.16an X mark in the square before one or the other new text begin be terminated?" new text end . 9.17(c) Only eligible voters in the district may vote in the referendum. 9.18(d) Informalities in the conduct of the referendum or matters relating to the 9.19referendum do not invalidate the referendum, or result of the referendum, if due notice has 9.20been given and the referendum has been fairly conducted. 9.21(e) The state board shall publish the result of the referendum. 9.22    Sec. 4. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read: 9.23    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 9.24candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision 9.253 new text begin state general election ballot new text end . The office title printed on the ballot must be either "Soil 9.26and Water Conservation District Supervisor" or "Conservation District Supervisor," based 9.27upon the district from which the supervisor is to be elected. 9.28    Sec. 5. Minnesota Statutes 2012, section 103C.311, subdivision 2, is amended to read: 9.29    Subd. 2. Supervisors elected by districts. (a) The district board, with the approval 9.30of the state board, may by resolution provide that supervisors will be elected by supervisor 9.31districts as provided in this subdivision. 9.32(b) The supervisor districts must be composed of precincts established by county and 9.33municipal governing bodies under section 204B.14. The districts must be compact, include 9.34only contiguous territory, and be substantially equal in population. The districts must be 10.1numbered in a regular series. The districts must be drawn by the county board of the county 10.2containing the largest area of the soil and water conservation district, in consultation with 10.3the district board and with the approval of the state board. The boundaries of the districts 10.4must be redrawn after each decennial federal census as provided in section 204B.135. A 10.5certified copy of the resolution establishing supervisor districts must be filed by the chair 10.6of the district board with the county auditor of the counties where the soil and water 10.7conservation district is located, with the state board, and with the secretary of state at least 10.830 days before the first date candidates may file for the office of supervisor. new text begin , and the filings new text end 10.9 new text begin must occur within 80 days of the time when the legislature has been redistricted or at least new text end 10.10 new text begin 15 weeks before the state primary election in a year ending in two, whichever comes first. new text end 10.11(c) Each supervisor district is entitled to elect one supervisor. A supervisor must be a 10.12resident of the district from which elected. 10.13(d) The district board shall provide staggered terms for supervisors elected by 10.14district. After each redistricting, there shall be a new election of supervisors in all the 10.15districts at the next general election, except that if the change made in the boundaries of a 10.16district is less than five percent of the average population of all the districts, the supervisor 10.17in office at the time of the redistricting shall serve for the full term for which elected. The 10.18district board shall determine by lot the seats to be filled for a two-year term, a four-year 10.19term, and a six-year term. 10.20    Sec. 6. Minnesota Statutes 2012, section 123A.48, subdivision 14, is amended to read: 10.21    Subd. 14. Election. The board shall determine the date of the election, the number 10.22of boundaries of voting precincts, and the location of the polling places where voting shall 10.23be conducted, and the hours the polls will be open. The board shall also provide official 10.24ballots which must be used exclusively and shall be in the following form: new text begin "Shall the new text end 10.25 new text begin (name of school district) and the (name of school district) be consolidated as proposed? new text end 10.26 new text begin Yes .... No ...." new text end 10.27For consolidation .... 10.28Against consolidation .... 10.29The board must appoint election judges who shall act as clerks of election. The 10.30ballots and results must be certified to the board who shall canvass and tabulate the total 10.31vote cast for and against the proposal. 10.32    Sec. 7. Minnesota Statutes 2012, section 201.061, subdivision 3, is amended to read: 10.33    Subd. 3. Election day registration. (a) An individual who is eligible to vote may 10.34register on election day by appearing in person at the polling place for the precinct in 11.1which the individual maintains residence, by completing a registration application, making 11.2an oath in the form prescribed by the secretary of state and providing proof of residence. 11.3An individual may prove residence for purposes of registering by: 11.4    (1) presenting a driver's license or Minnesota identification card issued pursuant 11.5to section 171.07; 11.6    (2) presenting any document approved by the secretary of state as proper 11.7identification; 11.8    (3) presenting one of the following: 11.9    (i) a current valid student identification card from a postsecondary educational 11.10institution in Minnesota, if a list of students from that institution has been prepared under 11.11section 135A.17 and certified to the county auditor in the manner provided in rules of 11.12the secretary of state; or 11.13    (ii) a current student fee statement that contains the student's valid address in the 11.14precinct together with a picture identification card; or 11.15    (4) having a voter who is registered to vote in the precinct, or who is an employee 11.16employed by and working in a residential facility in the precinct and vouching for a resident 11.17in the facility, sign an oath in the presence of the election judge vouching that the voter or 11.18employee personally knows that the individual is a resident of the precinct. A voter who 11.19has been vouched for on election day may not sign a proof of residence oath vouching for 11.20any other individual on that election day. A voter who is registered to vote in the precinct 11.21may sign up to 15 new text begin eight new text end proof-of-residence oaths on any election day. This limitation 11.22does not apply to an employee of a residential facility described in this clause. The 11.23secretary of state shall provide a form for election judges to use in recording the number 11.24of individuals for whom a voter signs proof-of-residence oaths on election day. The 11.25form must include space for the maximum number of individuals for whom a voter may 11.26sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 11.27a statement that the voter is registered to vote in the precinct, personally knows that the 11.28individual is a resident of the precinct, and is making the statement on oath. The form must 11.29include a space for the voter's printed name, signature, telephone number, and address. 11.30    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 11.31attached to the voter registration application. 11.32    (b) The operator of a residential facility shall prepare a list of the names of its 11.33employees currently working in the residential facility and the address of the residential 11.34facility. The operator shall certify the list and provide it to the appropriate county auditor 11.35no less than 20 days before each election for use in election day registration. 12.1    (c) "Residential facility" means transitional housing as defined in section 256E.33, 12.2subdivision 1 ; a supervised living facility licensed by the commissioner of health under 12.3section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 12.45 ; a residence registered with the commissioner of health as a housing with services 12.5establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 12.6the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 12.7licensed by the commissioner of human services to provide a residential program as 12.8defined in section 245A.02, subdivision 14; a residential facility for persons with a 12.9developmental disability licensed by the commissioner of human services under section 12.10252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter 12.11for battered women as defined in section 611A.37, subdivision 4; or a supervised 12.12publicly or privately operated shelter or dwelling designed to provide temporary living 12.13accommodations for the homeless. 12.14    (d) For tribal band members, an individual may prove residence for purposes of 12.15registering by: 12.16    (1) presenting an identification card issued by the tribal government of a tribe 12.17recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 12.18contains the name, address, signature, and picture of the individual; or 12.19    (2) presenting an identification card issued by the tribal government of a tribe 12.20recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 12.21contains the name, signature, and picture of the individual and also presenting one of the 12.22documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 12.23    (e) A county, school district, or municipality may require that an election judge 12.24responsible for election day registration initial each completed registration application. 12.25    Sec. 8. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read: 12.26    Subd. 2. Instructions. A registration application shall be accompanied by 12.27instructions specifying the manner and method of registration, the qualifications for 12.28voting, the penalties for false registration, and the availability of registration and voting 12.29assistance for elderly and disabled individuals and residents of health care facilities and 12.30hospitals. The instructions must indicate that if the voter does not have a valid Minnesota 12.31driver's license or identification card, the last four digits of the voter's Social Security 12.32number must be provided, unless the voter does not have a Social Security number. If, 12.33prior to election day, a person requests the instructions in Braille, on cassette tape new text begin audio new text end 12.34 new text begin format new text end , or in a version printed in 16-point bold type with 24-point leading, the county 13.1auditor shall provide them in the form requested. The secretary of state shall prepare 13.2Braille and cassette new text begin audio new text end copies and make them available. 13.3    Sec. 9. Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read: 13.4    Subd. 8. Registration places. Each county auditor shall designate a number of 13.5public buildings in those political subdivisions of the county where preregistration of 13.6voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may 13.7register to vote. At least one public building must be designated for each 30,000 residents 13.8of the county. At least one telecommunications device for the deaf must be available for 13.9voter registration information in each county seat and in every city of the first, second, 13.10and third class. 13.11    An adequate supply of registration applications and instructions must be maintained 13.12at each designated location, and a designated individual must be available there to accept 13.13registration applications and transmit them to the county auditor. 13.14    A person who, because of disability, needs assistance in order to determine eligibility 13.15or to register must be assisted by a designated individual. Assistance includes but is not 13.16limited to reading the registration form and instructions and filling out the registration 13.17form as directed by the eligible voter. 13.18    Sec. 10. Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read: 13.19    Subd. 3. Moved out of state. If any nonforwardable mailing from an election 13.20official is returned as undeliverable but with a permanent forwarding address outside this 13.21state, the county auditor shall promptly mail to the voter at the voter's new address a notice 13.22advising the voter that the voter's status in the statewide voter registration system will be 13.23changed to "inactive" unless the voter notifies the county auditor within 21 days that the 13.24voter is retaining the former address as the voter's address of residence. new text begin If the voter's new text end 13.25 new text begin record is challenged due to a felony conviction, lack of United States citizenship, legal new text end 13.26 new text begin incompetence, or court-ordered revocation of voting rights of persons under guardianship, new text end 13.27 new text begin the county auditor must not mail this notice. new text end If the notice is not received by the deadline, 13.28the county auditor shall change the voter's status to "inactive" in the statewide voter 13.29registration system. 13.30    Sec. 11. Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read: 13.31    Subd. 1a. Social Security Administration; new text begin other new text end reports of deceased residents. 13.32The secretary of state shall new text begin may new text end determine if any of the persons listed on the Social 13.33Security Death Index new text begin or reported as deceased by the vital records department of another new text end 14.1 new text begin state new text end are registered to vote and prepare a list of those registrants for each county auditor. 14.2The county auditor shall change the status of those registrants to "deceased" in the 14.3statewide voter registration system. 14.4    Sec. 12. Minnesota Statutes 2012, section 201.14, is amended to read: 14.5201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT 14.6CHANGES OF NAMES. 14.7The state court administrator shall regularly report by electronic means to the 14.8secretary of state the name, address, and, if available, driver's license or state identification 14.9card number of each individual, 18 years of age or over, whose name was changed since 14.10the last report, by marriage, divorce, or any order or decree of the court. The secretary of 14.11state shall determine if any of the persons in the report are registered to vote under their 14.12previous name and shall prepare a list of those registrants for each county auditor. Upon 14.13receipt of the list, the county auditor shall make the change in the voter's record and mail 14.14to the voter the notice of registration required by section 201.121, subdivision 2. new text begin A notice new text end 14.15 new text begin must not be mailed if the voter's record is challenged due to a felony conviction, lack of new text end 14.16 new text begin United States citizenship, legal incompetence, or court-ordered revocation of voting rights new text end 14.17 new text begin of persons under guardianship. new text end 14.18    Sec. 13. Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read: 14.19    Subdivision 1. Time and manner of holding; postponement. (a) In every state 14.20general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph 14.21(b), there shall be held for every election precinct a party caucus in the manner provided 14.22in sections 202A.14 to 202A.19. 14.23    (b)(1) The chairs of the two largest major political parties shall jointly submit to 14.24the secretary of state, no later than March 1 of each odd-numbered year, the single date 14.25on which the two parties have agreed to conduct their precinct caucuses in the next 14.26even-numbered year. 14.27    (2) On March 1 of each odd-numbered year new text begin Within two business days after the new text end 14.28 new text begin parties have agreed on a single date on which to conduct their precinct caucuses new text end , the 14.29secretary of state shall publicly announce the official state precinct caucus date for the 14.30following general election year. 14.31    (3) If the chairs of the two largest major political parties do not jointly submit a 14.32single date for conducting their precinct caucuses as provided in this paragraph, then 14.33for purposes of the next general election year, the first Tuesday in February shall be 15.1considered the day of a major political party precinct caucus and sections 202A.19 and 15.2202A.192 shall only apply on that date. 15.3    (4) For purposes of this paragraph, the two largest major political parties shall be the 15.4parties whose candidates for governor received the greatest and second greatest number of 15.5votes at the most recent gubernatorial election. 15.6    (c) In the event of severe weather a major political party may request the secretary of 15.7state to postpone caucuses. If a major political party makes a request, or upon the secretary 15.8of state's own initiative, after consultation with all major political parties and on the advice 15.9of the federal Weather Bureau and the Department of Transportation, the secretary of state 15.10may declare precinct caucuses to be postponed for a week in counties where weather 15.11makes travel especially dangerous. The secretary of state shall submit a notice of the 15.12postponement to news media covering the affected counties by 6:00 p.m. on the scheduled 15.13day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision. 15.14    Sec. 14. Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read: 15.15    Subdivision 1. Generally. The full-time clerk of any city or town shall administer 15.16the provisions of sections 203B.04 to 203B.15 if: 15.17(1) the county auditor of that county has designated the clerk to administer them; or 15.18(2) the clerk has given the county auditor of that county notice of intention to 15.19administer them. 15.20 new text begin The designation or notice must specify whether the clerk will be responsible for the new text end 15.21 new text begin administration of a ballot board as provided in section 203B.121. new text end 15.22 new text begin A clerk of a city that is located in more than one county may only administer the new text end 15.23 new text begin provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of new text end 15.24 new text begin the county auditors or has provided notice to each of the county auditors that the city will new text end 15.25 new text begin administer absentee voting. new text end A clerk may only administer the provisions of sections 203B.04 15.26to 203B.15 if the clerk has technical capacity to access the statewide voter registration 15.27system in the secure manner prescribed by the secretary of state. The secretary of state 15.28must identify hardware, software, security, or other technical prerequisites necessary to 15.29ensure the security, access controls, and performance of the statewide voter registration 15.30system. A clerk must receive training approved by the secretary of state on the use of the 15.31statewide voter registration system before administering this section. A clerk may not use 15.32the statewide voter registration system until the clerk has received the required training. 15.33 new text begin The county auditor must notify the secretary of state of any municipal clerk who will be new text end 15.34 new text begin administering the provisions of this section and the duties that the clerk will administer. new text end 16.1    Sec. 15. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read: 16.2    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 16.3county auditor or municipal clerk, that official shall stamp or initial and date the return 16.4envelope and place it in a secure location with other return envelopes received by that 16.5office. Within five days after receipt, the county auditor or municipal clerk shall deliver to 16.6the ballot board all ballots received, except that during the 14 days immediately preceding 16.7an election, the county auditor or municipal clerk shall deliver all ballots received to 16.8the ballot board within three days. new text begin Ballots received on election day either (1) after 3:00 new text end 16.9 new text begin p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another new text end 16.10 new text begin method, shall be marked as received late by the county auditor or municipal clerk, and new text end 16.11 new text begin must not be delivered to the ballot board. new text end 16.12    Sec. 16. Minnesota Statutes 2012, section 203B.081, is amended to read: 16.13203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 16.14    An eligible voter may vote by absentee ballot in the office of the county auditor and 16.15at any other polling place designated by the county auditor during the 46 days before: new text begin the new text end 16.16 new text begin election, except as provided in this section. new text end 16.17(1) a regularly scheduled election for federal, state, county, city, or school board 16.18office; 16.19(2) a special election for a federal or county office; and 16.20(3) an election held in conjunction with an election described in clauses (1) and (2), 16.21    and new text begin Voters casting absentee ballots in person for a town election held in March may new text end 16.22 new text begin do so new text end during the 30 days before any other new text begin the new text end election. The county auditor shall make 16.23such designations at least 14 weeks before the election. At least one voting booth in each 16.24polling place must be made available by the county auditor for this purpose. The county 16.25auditor must also make available at least one electronic ballot marker in each polling place 16.26that has implemented a voting system that is accessible for individuals with disabilities 16.27pursuant to section 206.57, subdivision 5. 16.28    Sec. 17. Minnesota Statutes 2012, section 203B.121, subdivision 1, is amended to read: 16.29    Subdivision 1. Establishment; applicable laws. (a) The governing body of each 16.30county, municipality, and school district with responsibility to accept and reject absentee 16.31ballots must, by ordinance or resolution, establish a ballot board. The board must consist 16.32of a sufficient number of election judges trained in the handling of absentee ballots and 16.33appointed as provided in sections 204B.19 to 204B.22. The board may include staff 17.1trained as election judges new text begin deputy county auditors or deputy city clerks who have received new text end 17.2 new text begin training in the processing and counting of absentee ballots new text end . 17.3(b) Each jurisdiction must pay a reasonable compensation to each member of that 17.4jurisdiction's ballot board for services rendered during an election. 17.5(c) Except as otherwise provided by this section, all provisions of the Minnesota 17.6Election Law apply to a ballot board. 17.7    Sec. 18. Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read: 17.8    Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee 17.9ballots are inserted into a ballot box, two members of the ballot board must: 17.10(1) remove the ballots from the ballot box at the end of the day; 17.11(2) without inspecting the ballots, ensure that the number of ballots removed from 17.12the ballot box is equal to the number of voters whose absentee ballots were accepted 17.13that day; and 17.14(3) seal and secure all voted and unvoted ballots present in that location at the end 17.15of the day. 17.16(b) After the polls have closed on election day, two members of the ballot board 17.17must count the ballots, tabulating the vote in a manner that indicates each vote of the voter 17.18and the total votes cast for each candidate or question. In state primary and state general 17.19elections, the results must indicate the total votes cast for each candidate or question in each 17.20precinct and report the vote totals tabulated for each precinct. The count shall be public. 17.21No vote totals from ballots may be made public before the close of voting on election day 17.22 new text begin must be recorded on a summary statement in substantially the same format as provided in new text end 17.23 new text begin section 204C.26. The ballot board shall submit at least one completed summary statement new text end 17.24 new text begin to the county auditor or municipal clerk. The county auditor or municipal clerk may new text end 17.25 new text begin require the ballot board to submit a sufficient number of completed summary statements to new text end 17.26 new text begin comply with the provisions of section 204C.27, or the county auditor or municipal clerk new text end 17.27 new text begin may certify reports containing the details of the ballot board summary statement to the new text end 17.28 new text begin recipients of the summary statements designated in section 204C.27 new text end . 17.29In state primary and state general elections, these vote totals shall be added to the 17.30vote totals on the summary statements of the returns for the appropriate precinct. In other 17.31elections, these vote totals may be added to the vote totals on the summary statement of 17.32returns for the appropriate precinct or may be reported as a separate total. 17.33 new text begin The count shall be public. No vote totals from ballots may be made public before the new text end 17.34 new text begin close of voting on election day. new text end 18.1(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been 18.2completed previously, the members of the ballot board must verify as soon as possible, but 18.3no later than 24 hours after the end of the hours for voting, that voters whose absentee 18.4ballots arrived after the rosters were marked or supplemental reports were generated 18.5and whose ballots were accepted did not vote in person on election day. An absentee 18.6ballot submitted by a voter who has voted in person on election day must be rejected. All 18.7other accepted absentee ballots must be opened, duplicated if necessary, and counted by 18.8members of the ballot board. The vote totals from these ballots must be incorporated into 18.9the totals with the other absentee ballots and handled according to paragraph (b). 18.10    Sec. 19. Minnesota Statutes 2012, section 203B.227, is amended to read: 18.11203B.227 WRITE-IN ABSENTEE BALLOT. 18.12    (a) A voter described in section 203B.16, subdivision 1, may use a state write-in 18.13absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local 18.14election. In a state or local election, a vote for a political party without specifying the 18.15name of a candidate must not be counted. 18.16(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post 18.17Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter 18.18registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card 18.19Application. If the voter has not already voted and the accompanying certificate is properly 18.20completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot. 18.21    Sec. 20. Minnesota Statutes 2012, section 203B.28, is amended to read: 18.22203B.28 POSTELECTION REPORT TO LEGISLATURE. 18.23By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the 18.24secretary of state shall provide to the chair and ranking minority members of the legislative 18.25committees with jurisdiction over elections a statistical report related to absentee voting 18.26in the most recent general election cycle. The statistics must be organized by county 18.27and precinct, and include: 18.28(1) the number of absentee ballots transmitted to voters; 18.29(2) the number of absentee ballots returned by voters; 18.30(3) the number of absentee ballots that were rejected, categorized by the reason 18.31for rejection; 18.32(4) the number of absentee ballots submitted pursuant to sections 203B.16 to 18.33203B.27 , along with the number of returned ballots that were accepted, rejected, and 18.34the reason for any rejections; and 19.1(5) the number of absentee ballots that were not counted because the ballot return 19.2envelope was received after the deadlines provided in this chapter. 19.3    Sec. 21. Minnesota Statutes 2012, section 204B.04, is amended by adding a 19.4subdivision to read: 19.5     new text begin Subd. 4. new text end new text begin Prohibition on multiple candidacy. new text end new text begin A candidate who files an affidavit new text end 19.6 new text begin of candidacy for an office to be elected at the general election may not subsequently file new text end 19.7 new text begin another affidavit of candidacy for any other office to be elected on the date of that general new text end 19.8 new text begin election, unless the candidate withdraws the initial affidavit pursuant to section 204B.12. new text end 19.9 new text begin The provisions in section 645.21 do not apply to this subdivision. new text end 19.10    Sec. 22. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read: 19.11    Subd. 2. Ballot boxes. Each polling place shall be provided with one ballot box for 19.12each kind of ballot to be cast at the election. The boxes shall be substantially the same color 19.13as the ballots to be deposited in them. Each box shall be of sufficient size and shall have a 19.14sufficient opening to receive and contain all the ballots likely to be deposited in it. When 19.15buff or goldenrod ballot boxes are required, a separate box must be provided for each school 19.16district for which ballots are to be cast at that polling place. The number and name of the 19.17school district must appear conspicuously on the top of each buff or goldenrod ballot box. 19.18    Sec. 23. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read: 19.19    Subdivision 1. Minimum number required. (a) A minimum of four election 19.20judges shall be appointed for each precinct, except as provided by subdivision 2 new text begin in the new text end 19.21 new text begin state general election, provided that a minimum of three election judges shall be appointed new text end 19.22 new text begin for each precinct with fewer than 500 registered voters as of 14 weeks before the state new text end 19.23 new text begin primary. In all other elections, a minimum of three election judges shall be appointed new text end 19.24 new text begin for each precinct new text end . In a combined polling place under section 204B.14, subdivision 2, at 19.25least one judge must be appointed from each municipality in the combined polling place, 19.26provided that not less than three judges shall be appointed for each combined polling 19.27place. The appointing authorities may appoint election judges for any precinct in addition 19.28to the number required by this subdivision including additional election judges to count 19.29ballots after voting has ended. 19.30(b) An election judge may serve for all or part of election day, at the discretion of the 19.31appointing authority, as long as the minimum number of judges required is always present. 19.32The head election judge designated under section 204B.20 must serve for all of election day 20.1and be present in the polling place unless another election judge has been designated by the 20.2head election judge to perform the functions of the head election judge during any absence. 20.3    Sec. 24. Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read: 20.4    Subdivision 1. Meeting with election officials. At least 12 weeks before each 20.5regularly scheduled new text begin town new text end general election new text begin conducted in March, and at least 18 weeks new text end 20.6 new text begin before all other general elections new text end , each county auditor shall conduct a meeting new text begin or otherwise new text end 20.7 new text begin communicate new text end with local election officials to review the procedures for the election. The 20.8county auditor may require the head election judges in the county to attend this meeting. 20.9    Sec. 25. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read: 20.10    Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for 20.11presidential electors, the cost of printing the pink paper ballots, and all necessary expenses 20.12incurred by the secretary of state in connection with elections. 20.13(b) The counties shall pay the compensation prescribed in section 204B.31, clauses 20.14(b) and (c), the cost of printing the canary ballots, the white ballots, the pink new text begin state general new text end 20.15 new text begin election new text end ballots when machines are used, the state partisan primary ballots, and the 20.16state and county nonpartisan primary ballots, all necessary expenses incurred by county 20.17auditors in connection with elections, and the expenses of special county elections. 20.18(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed 20.19for election judges and sergeants at arms, the cost of printing the municipal ballots, 20.20providing ballot boxes, providing and equipping polling places and all necessary expenses 20.21of the municipal clerks in connection with elections, except special county elections. 20.22(d) The school districts shall pay the compensation prescribed for election judges 20.23and sergeants-at-arms, the cost of printing the school district ballots, providing ballot 20.24boxes, providing and equipping polling places and all necessary expenses of the school 20.25district clerks in connection with school district elections not held in conjunction with 20.26state elections. When school district elections are held in conjunction with state elections, 20.27the school district shall pay the costs of printing the school district ballots, providing ballot 20.28boxes and all necessary expenses of the school district clerk. 20.29All disbursements under this section shall be presented, audited, and paid as in 20.30the case of other public expenses. 20.31    Sec. 26. Minnesota Statutes 2012, section 204B.33, is amended to read: 20.32204B.33 NOTICE OF FILING. 21.1(a) At least 15 new text begin 16 new text end weeks before the state primary, the secretary of state shall notify 21.2each county auditor of the offices to be voted for in that county at the next state general 21.3election for which candidates file with the secretary of state. The notice shall include 21.4the time and place of filing for those offices. Within ten days after notification by the 21.5secretary of state, each county auditor shall notify each municipal clerk in the county of 21.6all the offices to be voted for in the county at that election and the time and place for 21.7filing for those offices. The county auditors and municipal clerks shall promptly post a 21.8copy of that notice in their offices. 21.9(b) At least two weeks new text begin one week new text end before the first day to file an affidavit of candidacy, 21.10the county auditor shall publish a notice stating the first and last dates on which affidavits 21.11of candidacy may be filed in the county auditor's office and the closing time for filing on 21.12the last day for filing. The county auditor shall post a similar notice at least ten days before 21.13the first day to file affidavits of candidacy. 21.14    Sec. 27. Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read: 21.15    Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a 21.16regularly scheduled new text begin an new text end election for federal, state, county, city, or school board office 21.17or a special election for federal office, and at least 30 days before any other election, 21.18ballots necessary to fill applications of absentee voters shall be prepared and delivered to 21.19the officials who administer the provisions of chapter 203B new text begin , except as provided in this new text end 21.20 new text begin subdivision. Ballots necessary to fill applications of absentee voters for a town general new text end 21.21 new text begin election held in March shall be prepared and delivered to the town clerk at least 30 days new text end 21.22 new text begin before the election new text end . 21.23This section applies to school district elections held on the same day as a statewide 21.24election or an election for a county or municipality located partially or wholly within 21.25the school district. 21.26    Sec. 28. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read: 21.27    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient 21.28thickness to prevent the printing from being discernible from the back. All ballots of the 21.29same color shall be substantially uniform in style of printing, size, thickness and shade of 21.30color. When the ballots of a particular color vary in shade, those used in any one precinct 21.31shall be of the same shade. All ballots shall be printed in easily readable type with suitable 21.32lines dividing candidates, offices, instructions and other matter printed on ballots. The 21.33name of each candidate shall be printed in capital letters. The same type shall be used for 21.34the names of all candidates on the same ballot. 22.1    Sec. 29. Minnesota Statutes 2012, section 204B.45, subdivision 1, is amended to read: 22.2    Subdivision 1. Authorization. A municipality new text begin town of any size not located in new text end 22.3 new text begin a metropolitan county as defined by section 473.121, or a city new text end having fewer than 400 22.4registered voters on June 1 of an election year and not located in a metropolitan county as 22.5defined by section 473.121 new text begin , new text end may provide balloting by mail at any municipal, county, or 22.6state election with no polling place other than the office of the auditor or clerk or other 22.7locations designated by the auditor or clerk. The governing body may apply to the county 22.8auditor for permission to conduct balloting by mail. The county board may provide for 22.9balloting by mail in unorganized territory. The governing body of any municipality may 22.10designate for mail balloting any precinct having fewer than 50 new text begin 100 new text end registered voters, 22.11subject to the approval of the county auditor. 22.12Voted ballots may be returned in person to any location designated by the county 22.13auditor or municipal clerk. 22.14    Sec. 30. Minnesota Statutes 2012, section 204B.45, subdivision 2, is amended to read: 22.15    Subd. 2. Procedure. Notice of the election and the special mail procedure must be 22.16given at least six new text begin ten new text end weeks prior to the election. Not more than 46 days nor later than 14 22.17days before a regularly scheduled election for federal, state, county, city, or school board 22.18office or a special election for federal office and not more than 30 days nor later than 14 22.19days before any other election, the auditor shall mail ballots by nonforwardable mail to 22.20all voters registered in the town or unorganized territory. No later than 14 days before 22.21the election, the auditor must make a subsequent mailing of ballots to those voters who 22.22register to vote after the initial mailing but before the 20th day before the election. Eligible 22.23voters not registered at the time the ballots are mailed may apply for ballots as provided in 22.24chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed 22.25to the auditor or clerk and the voter may return the ballot by mail or in person to the office 22.26of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the 22.27mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within 22.28three days of receipt if there are 14 or fewer days before election day, or within five days 22.29of receipt if there are more than 14 days before election day. The board may consist of 22.30staff trained as election judges new text begin deputy county auditors or deputy municipal clerks who new text end 22.31 new text begin have received training in the processing and counting of mail ballots, who need not be new text end 22.32 new text begin affiliated with a major political party new text end . Election judges performing the duties in this section 22.33must be of different major political parties, unless they are exempt from that requirement 22.34under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected 22.35at least five days before the election, the ballots in the envelope must remain sealed and 23.1the auditor or clerk shall provide the voter with a replacement ballot and return envelope 23.2in place of the spoiled ballot. If the ballot is rejected within five days of the election, the 23.3envelope must remain sealed and the official in charge of the ballot board must attempt to 23.4contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 23.5rejected. The official must document the attempts made to contact the voter. 23.6If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 23.7indicate that the voter has already cast a ballot in that election. After the close of business 23.8on the fourth day before the election, the ballots from return envelopes marked "Accepted" 23.9may be opened, duplicated as needed in the manner provided by section 206.86, 23.10subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box. 23.11In all other respects, the provisions of the Minnesota Election Law governing 23.12deposit and counting of ballots apply. 23.13The mail and absentee ballots for a precinct must be counted together and reported 23.14as one vote total. No vote totals from mail or absentee ballots may be made public before 23.15the close of voting on election day. 23.16The costs of the mailing shall be paid by the election jurisdiction in which the voter 23.17resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 23.18    Sec. 31. Minnesota Statutes 2012, section 204B.46, is amended to read: 23.19204B.46 MAIL ELECTIONS; QUESTIONS. 23.20    A county, municipality, or school district submitting questions to the voters at a 23.21special election may conduct an election by mail with no polling place other than the 23.22office of the auditor or clerk. No offices may be voted on at a mail election. Notice of 23.23the election must be given to the county auditor at least 53 new text begin 74 new text end days prior to the election. 23.24This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The 23.25special mail ballot procedures must be posted at least six weeks prior to the election. Not 23.26more than 30 new text begin 46 new text end nor later than 14 days prior to the election, the auditor or clerk shall mail 23.27ballots by nonforwardable mail to all voters registered in the county, municipality, or 23.28school district. No later than 14 days before the election, the auditor or clerk must make a 23.29subsequent mailing of ballots to those voters who register to vote after the initial mailing 23.30but before the 20th day before the election. Eligible voters not registered at the time the 23.31ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk 23.32must appoint a ballot board to examine the mail and absentee ballot return envelopes 23.33and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or 23.34fewer days before election day, or within five days of receipt if there are more than 14 23.35days before election day. The board may consist of staff trained as election judges new text begin deputy new text end 24.1 new text begin county auditors, deputy municipal clerks, or deputy school district clerks who have new text end 24.2 new text begin received training in the processing and counting of mail ballots, who need not be affiliated new text end 24.3 new text begin with a major political party new text end . Election judges performing the duties in this section must be 24.4of different major political parties, unless they are exempt from that requirement under 24.5section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at 24.6least five days before the election, the ballots in the envelope must remain sealed and the 24.7auditor or clerk must provide the voter with a replacement ballot and return envelope in 24.8place of the spoiled ballot. If the ballot is rejected within five days of the election, the 24.9envelope must remain sealed and the official in charge of the ballot board must attempt to 24.10contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 24.11rejected. The official must document the attempts made to contact the voter. 24.12If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 24.13indicate that the voter has already cast a ballot in that election. After the close of business 24.14on the fourth day before the election, the ballots from return envelopes marked "Accepted" 24.15may be opened, duplicated as needed in the manner provided by section 206.86, 24.16subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box. 24.17In all other respects, the provisions of the Minnesota Election Law governing 24.18deposit and counting of ballots apply. 24.19The mail and absentee ballots for a precinct must be counted together and reported 24.20as one vote total. No vote totals from ballots may be made public before the close of 24.21voting on election day. 24.22    Sec. 32. Minnesota Statutes 2012, section 204C.14, is amended to read: 24.23204C.14 UNLAWFUL VOTING; PENALTY. 24.24No individual shall intentionally: 24.25(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in 24.26a ballot box or attempting to vote by means of a voting machine or electronic voting system; 24.27(b) vote more than once at the same election; 24.28(c) put a ballot in a ballot box for any illegal purpose; 24.29(d) give more than one ballot of the same kind and color to an election judge to 24.30be placed in a ballot box; 24.31(e) aid, abet, counsel or procure another to go into any precinct for the purpose 24.32of voting in that precinct, knowing that the other individual is not eligible to vote in 24.33that precinct; or 24.34(f) aid, abet, counsel or procure another to do any act in violation of this section. 24.35A violation of this section is a felony. 25.1    Sec. 33. Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read: 25.2    Subdivision 1. Physical assistance in marking ballots. A voter who claims a need 25.3for assistance because of inability to read English or physical inability to mark a ballot may 25.4obtain the aid of two election judges who are members of different major political parties. 25.5The election judges shall mark the ballots as directed by the voter and in as secret a manner 25.6as circumstances permit. If the voter is deaf or cannot speak English or understand it when 25.7it is spoken, the election judges may select two individuals who are members of different 25.8major political parties to provide assistance. The individuals shall assist the voter in 25.9marking the ballots. A voter in need of assistance may alternatively obtain the assistance of 25.10any individual the voter chooses. Only the following persons may not provide assistance 25.11to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of 25.12the voter's union, or a candidate for election. The person who assists the voter shall, 25.13unaccompanied by an election judge, retire with that voter to a booth and mark the ballot 25.14as directed by the voter. No person who assists another voter as provided in the preceding 25.15sentence shall mark the ballots of more than three voters at one election. Before the ballots 25.16are deposited, the voter may show them privately to an election judge to ascertain that they 25.17are marked as the voter directed. An election judge or other individual assisting a voter 25.18shall not in any manner request, persuade, induce, or attempt to persuade or induce the 25.19voter to vote for any particular political party or candidate. The election judges or other 25.20individuals who assist the voter shall not reveal to anyone the name of any candidate for 25.21whom the voter has voted or anything that took place while assisting the voter. 25.22    Sec. 34. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read: 25.23    Subd. 2. Ballots; order of counting. Except as otherwise provided in this 25.24subdivision, the ballot boxes shall be opened, the votes counted, and the total declared one 25.25box at a time in the following order: the white box, the pink box, the canary box, the light 25.26green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other 25.27kinds of ballots voted at the election. If enough election judges are available to provide 25.28counting teams of four or more election judges for each box, more than one box may be 25.29opened and counted at the same time. The election judges on each counting team shall be 25.30evenly divided between the major political parties. The numbers entered on the summary 25.31sheet shall not be considered final until the ballots in all the boxes have been counted and 25.32corrections have been made if ballots have been deposited in the wrong boxes. 25.33    Sec. 35. Minnesota Statutes 2012, section 204C.25, is amended to read: 25.34204C.25 DISPOSITION OF BALLOTS. 26.1After the count and the summary statements have been completed, in the presence 26.2of all the election judges, the counted, defective, and blank ballots shall be placed in 26.3envelopes marked or printed to distinguish the color of the ballots contained, and the 26.4envelopes shall be sealed. The election judges shall sign each envelope over the sealed part 26.5so that the envelope cannot be opened without disturbing the continuity of the signatures. 26.6The number and kind of ballots in each envelope, the name of the town or city, and the 26.7name of the precinct shall be plainly written upon the envelopes. The number and name of 26.8the district must be plainly written on envelopes containing school district ballots. The 26.9spoiled ballots shall be placed in separate envelopes and returned with the unused ballots 26.10to the county auditor or municipal or school district clerk from whom they were received. 26.11    Sec. 36. Minnesota Statutes 2012, section 204C.27, is amended to read: 26.12204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS. 26.13One or more of the election judges in each precinct shall deliver two sets of 26.14summary statements; all spoiled white, pink, canary, and gray ballots; and the envelopes 26.15containing the white, pink, canary, and gray ballots either directly to the municipal clerk 26.16for transmittal to the county auditor's office or directly to the county auditor's office as 26.17soon as possible after the vote counting is completed but no later than 24 hours after the 26.18end of the hours for voting. One or more election judges shall deliver the remaining set 26.19of summary statements and returns, all unused and spoiled municipal and school district 26.20ballots, the envelopes containing municipal and school district ballots, and all other things 26.21furnished by the municipal or school district clerk, to the municipal or school district 26.22clerk's office within 24 hours after the end of the hours for voting. The municipal or school 26.23district clerk shall return all polling place rosters and completed voter registration cards to 26.24the county auditor within 48 hours after the end of the hours for voting. 26.25    Sec. 37. Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read: 26.26    Subdivision 1. Automatic new text begin Publicly funded new text end recounts. (a) In a state primary when 26.27the difference between the votes cast for the candidates for nomination to new text begin : new text end 26.28 new text begin (1) a state legislative office is less than one-half of one percent of the total number of new text end 26.29 new text begin votes counted for that nomination or is ten votes or less and the total number of votes cast new text end 26.30 new text begin for the nomination is 400 votes or less; or new text end 26.31 new text begin (2) new text end a statewide federal office, state constitutional office, statewide judicial office, 26.32congressional office, state legislative office, or district judicial office: 26.33    (1) is less than one-half new text begin one-quarter new text end of one percent of the total number of votes 26.34counted for that nomination; or 27.1    (2) is ten votes or less and the total number of votes cast for the nomination is 400 27.2votes or less; 27.3and the difference determines the nomination, the canvassing board with responsibility 27.4for declaring the results for that office shall manually recount the vote new text begin upon receiving a new text end 27.5 new text begin written request from the candidate whose nomination is in question new text end . 27.6 new text begin Immediately following the meeting of the board that has responsibility for new text end 27.7 new text begin canvassing the results of the nomination, the filing officer must notify the candidate that new text end 27.8 new text begin the candidate has the option to request a recount of the votes at no cost to the candidate. new text end 27.9 new text begin This written request must be received by the filing officer no later than 48 hours after the new text end 27.10 new text begin canvass of the primary for which the recount is being sought. new text end 27.11    (b) In a state general election when the difference between the votes of a candidate 27.12who would otherwise be declared elected to new text begin : new text end 27.13 new text begin (1) a state legislative office is less than one-half of one percent of the total number of new text end 27.14 new text begin votes counted for that office or is ten votes or less and the total number of votes cast for new text end 27.15 new text begin the office is 400 votes or less; or new text end 27.16 new text begin (2) new text end a statewide federal office, state constitutional office, statewide judicial office, 27.17congressional office, state legislative office, or district judicial office and the votes of 27.18any other candidate for that office: 27.19    (1) is less than one-half new text begin one-quarter new text end of one percent of the total number of votes 27.20counted for that office; or 27.21    (2) is ten votes or less if the total number of votes cast for the office is 400 votes or less, 27.22the canvassing board shall manually recount the votes new text begin upon receiving a written request new text end 27.23 new text begin from the candidate whose election is in question new text end . 27.24 new text begin Immediately following the meeting of the board that has responsibility for new text end 27.25 new text begin canvassing the results of the general election, the filing officer must notify the candidate new text end 27.26 new text begin that the candidate has the option to request a recount of the votes at no cost to the new text end 27.27 new text begin candidate. This written request must be received by the filing officer no later than 48 hours new text end 27.28 new text begin after the canvass of the election for which the recount is being sought. new text end 27.29    (c) A recount must not delay any other part of the canvass. The results of the recount 27.30must be certified by the canvassing board as soon as possible. 27.31    (d) Time for notice of a contest for an office which is recounted pursuant to this section 27.32shall begin to run upon certification of the results of the recount by the canvassing board. 27.33    (e) A losing candidate may waive a recount required pursuant to this section by 27.34filing a written notice of waiver with the canvassing board. 28.1    Sec. 38. Minnesota Statutes 2012, section 204C.35, is amended by adding a 28.2subdivision to read: 28.3     new text begin Subd. 4. new text end new text begin Filing officer. new text end new text begin For the purposes of this section, the secretary of state is new text end 28.4 new text begin the filing officer for candidates for all federal offices and for state offices voted on in new text end 28.5 new text begin more than one county. The county auditor is the filing officer for state offices voted on new text end 28.6 new text begin in only one county. new text end 28.7    Sec. 39. Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read: 28.8    Subdivision 1. Required new text begin Publicly funded new text end recounts. (a) Except as provided in 28.9paragraph new text begin paragraphs new text end (b) new text begin and (c) new text end , a losing candidate for nomination or election to a 28.10county, municipal, or school district office may request a recount of the votes cast for 28.11the nomination or election to that office if the difference between the vote cast for that 28.12candidate and for a winning candidate for nomination or election is less than one-half 28.13 new text begin one-quarter new text end of one percent of the total votes counted for that office. In case of offices where 28.14two or more seats are being filled from among all the candidates for the office, the one-half 28.15 new text begin one-quarter new text end of one percent difference is between the elected candidate with the fewest votes 28.16and the candidate with the most votes from among the candidates who were not elected. 28.17 new text begin (b) A losing candidate for nomination or election to a county, municipal, or school new text end 28.18 new text begin district office may request a recount of the votes cast for nomination or election to that new text end 28.19 new text begin office if the difference between the votes cast for that candidate and for a winning new text end 28.20 new text begin candidate for nomination or election is less than one-half of one percent, and the total new text end 28.21 new text begin number of votes cast for the nomination or election of all candidates is more than 400 new text end 28.22 new text begin but less than 50,000. In cases of offices where two or more seats are being filled from new text end 28.23 new text begin among all the candidates for the office, the one-half of one percent difference is between new text end 28.24 new text begin the elected candidate with the fewest votes and the candidate with the most votes from new text end 28.25 new text begin among the candidates who were not elected. new text end 28.26(b) new text begin (c) new text end A losing candidate for nomination or election to a county, municipal, or 28.27school district office may request a recount of the votes cast for nomination or election 28.28to that office if the difference between the vote cast for that candidate and for a winning 28.29candidate for nomination or election is ten votes or less, and the total number of votes cast 28.30for the nomination or election of all candidates is no more than 400. In cases of offices 28.31where two or more seats are being filled from among all the candidates for the office, 28.32the ten vote difference is between the elected candidate with the fewest votes and the 28.33candidate with the most votes from among the candidates who were not elected. 28.34(c) new text begin (d) new text end Candidates for county offices shall file a written request for the recount with 28.35the county auditor. Candidates for municipal or school district offices shall file a written 29.1request with the municipal or school district clerk as appropriate. All requests shall be filed 29.2during the time for notice of contest of the primary or election for which a recount is sought. 29.3(d) new text begin (e) new text end Upon receipt of a request made pursuant to this section, the county auditor 29.4shall recount the votes for a county office at the expense of the county, the governing 29.5body of the municipality shall recount the votes for a municipal office at the expense of 29.6the municipality, and the school board of the school district shall recount the votes for a 29.7school district office at the expense of the school district. 29.8    Sec. 40. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read: 29.9    Subd. 6. State and county nonpartisan primary ballot. The state and county 29.10nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary 29.11Ballot." It shall be printed on canary paper new text begin in the manner provided in the rules of the new text end 29.12 new text begin secretary of state new text end . The names of candidates for nomination to the Supreme Court, Court of 29.13Appeals, district court, and all county offices shall be placed on this ballot. 29.14No candidate whose name is placed on the state and county nonpartisan primary 29.15ballot shall be designated or identified as the candidate of any political party or in any 29.16other manner except as expressly provided by law. 29.17    Sec. 41. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read: 29.18    Subd. 2. Sample ballot. At least two weeks new text begin 46 days new text end before the state primary the 29.19county auditor shall prepare a sample state partisan primary ballot and a sample state and 29.20county nonpartisan primary ballot for new text begin each precinct for new text end public inspection new text begin and transmit an new text end 29.21 new text begin electronic copy of these sample ballots to the secretary of state new text end . The names of all of the 29.22candidates to be voted for in the county shall be placed on the sample ballots, with the 29.23names of the candidates for each office arranged in the base rotation as determined by 29.24section 206.61, subdivision 5. Only one sample state partisan primary ballot and one 29.25sample state and county nonpartisan ballot shall be prepared for any county. The county 29.26auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall 29.27cause them to be published at least one week before the state primary in at least one 29.28newspaper of general circulation in the county. 29.29    Sec. 42. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read: 29.30    Subdivision 1. White new text begin State general election new text end ballot; rules. The names of 29.31the candidates for all partisan new text begin state and federal new text end offices new text begin , all proposed constitutional new text end 29.32 new text begin amendments, all county offices and questions, and all judicial offices new text end voted on at the state 29.33general election shall be placed on a single ballot printed on white paper which new text begin that new text end shall 30.1be known as the "white new text begin state general election new text end ballot." This ballot shall be prepared by the 30.2county auditor subject to the rules of the secretary of state. The secretary of state shall 30.3adopt rules for preparation and time of delivery of the white new text begin state general election new text end ballot. 30.4    Sec. 43. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read: 30.5    Subd. 4. Special federal white ballot. (a) The names of all candidates for the 30.6offices of president and vice-president of the United States and senator and representative 30.7in Congress shall be placed on a ballot printed on white paper which new text begin that new text end shall be known 30.8as the "special federal white ballot." 30.9(b) This ballot shall be prepared by the county auditor in the same manner as 30.10the white new text begin state general election new text end ballot and shall be subject to the rules adopted by the 30.11secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished 30.12in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, 30.13United States Code, title 42, section 1973ff. 30.14(c) The special federal white ballot shall be the only ballot sent to citizens of 30.15the United States who are eligible to vote by absentee ballot for federal candidates in 30.16Minnesota. 30.17    Sec. 44. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read: 30.18    Subd. 5. Ballot headings. The white, pink, and special federal white ballot 30.19 new text begin containing the offices and questions in subdivisions 1 and 4, new text end shall be headed with the 30.20words "State General Election Ballot." The canary ballot shall be headed with the words 30.21"County and Judicial Nonpartisan General Election Ballot." 30.22    Sec. 45. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read: 30.23    Subd. 6. Gray new text begin Judicial new text end ballot. When the canary ballot would be longer than 30 30.24inches or when it would not be possible to place all offices on a single ballot card new text begin for the new text end 30.25 new text begin state general election new text end , the judicial offices that should be placed on the canary ballot may be 30.26placed instead on a separate gray new text begin judicial new text end ballot. The gray new text begin judicial new text end ballot shall be prepared 30.27by the county auditor in the manner provided in the rules of the secretary of state. 30.28The gray new text begin judicial new text end ballot must be headed with the words: "Judicial Nonpartisan 30.29General Election Ballot." Separate ballot boxes must be provided for these gray new text begin judicial new text end 30.30ballots. 30.31    Sec. 46. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read: 31.1    Subd. 3. Nominees by petition; placement on ballot. The names of candidates 31.2nominated by petition for a partisan office voted on at the state general election shall be 31.3placed on the white new text begin state general election new text end ballot after the names of the candidates for that 31.4office who were nominated at the state primary. Prior to the state primary new text begin No later than new text end 31.5 new text begin 11 weeks before the state general election new text end , the secretary of state shall determine by lot 31.6the order of candidates nominated by petition. The drawing of lots must be by political 31.7party or principle. The political party or political principle of the candidate as stated on 31.8the petition shall be placed after the name of a candidate nominated by petition. The word 31.9"nonpartisan" shall not be used to designate any partisan candidate whose name is placed 31.10on the white new text begin state general election new text end ballot by nominating petition. 31.11    Sec. 47. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read: 31.12    Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices 31.13on the canary new text begin state general election ballot and the judicial nonpartisan general election new text end 31.14ballot shall be rotated in the manner provided for rotation of names on state partisan 31.15primary ballots by section 204D.08, subdivision 3. 31.16    Sec. 48. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read: 31.17    Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for 31.18which there is only one candidate filed must appear after all other judicial offices for that 31.19same court on the canary ballot. 31.20    Sec. 49. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read: 31.21    Subd. 3. Sample pink ballot new text begin ; constitutional amendments new text end . Four weeks before the 31.22state general election the secretary of state shall file sample copies of the pink ballot 31.23 new text begin portion of the state general election ballot that contains the proposed constitutional new text end 31.24 new text begin amendments new text end in the Secretary of State's Office for public inspection. Three weeks before 31.25the state general election the secretary of state shall mail new text begin transmit new text end sample copies of the 31.26pink new text begin sample new text end ballot to each county auditor. Each auditor shall post the sample ballot in a 31.27conspicuous place in the auditor's office. 31.28    Sec. 50. Minnesota Statutes 2012, section 204D.16, is amended to read: 31.29204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; 31.30PUBLICATION. 31.31Two weeks before the state general election the county auditor shall prepare sample 31.32copies of the white and canary ballots and new text begin At least 46 days before the state general new text end 32.1 new text begin election, the county auditor new text end shall post copies of these sample ballots and a sample of the 32.2pink ballot new text begin for each precinct new text end in the auditor's office for public inspection new text begin and transmit an new text end 32.3 new text begin electronic copy of these sample ballots to the secretary of state new text end . No earlier than 15 days 32.4and no later than two days before the state general election the county auditor shall cause 32.5the new text begin a new text end sample white and canary ballots new text begin state general election ballot new text end to be published in at 32.6least one newspaper of general circulation in the county. 32.7    Sec. 51. Minnesota Statutes 2012, section 204D.165, is amended to read: 32.8204D.165 SAMPLE BALLOTS TO SCHOOLS. 32.9Notwithstanding any contrary provisions in section or , The county 32.10auditor, two weeks before the applicable primary or general election, shall provide one 32.11copy of the new text begin an appropriate new text end sample partisan primary, nonpartisan primary, canary, white, 32.12or pink ballot to a school district upon request. The school district may have the sample 32.13ballots reproduced at its expense for classroom educational purposes and for educational 32.14activities authorized under section 204B.27, subdivision 7. 32.15    Sec. 52. Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read: 32.16    Subd. 2. Special election when legislature will be in session. Except for 32.17vacancies in the legislature which occur at any time between the last day of session in an 32.18odd-numbered year and the 40th day prior to the opening day of session in the succeeding 32.19even-numbered year, when a vacancy occurs and the legislature will be in session so 32.20that the individual elected as provided by this section could take office and exercise the 32.21duties of the office immediately upon election, the governor shall issue within five days 32.22after the vacancy occurs a writ calling for a special election. The special election shall 32.23be held as soon as possible, consistent with the notice requirements of section 204D.22, 32.24subdivision 3 , but in no event more than 35 days after the issuance of the writ. new text begin A special new text end 32.25 new text begin election must not be held during the four days before or the four days after a holiday as new text end 32.26 new text begin defined in section 645.44, subdivision 5. new text end 32.27    Sec. 53. Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read: 32.28    Subd. 2. City elections. In all statutory and home rule charter cities, the primary, 32.29general and special elections held for choosing city officials and deciding public questions 32.30relating to the city shall be held as provided in this chapter, except that sections 205.065, 32.31subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 32.32and new text begin subdivision new text end 3, do not apply to a city whose charter provides the manner of holding 32.33its primary, general or special elections. 33.1    Sec. 54. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read: 33.2    Subd. 3. Prohibition. No special election authorized under subdivision 1 may be 33.3held within 40 new text begin 56 new text end days after the state general election. 33.4    Sec. 55. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read: 33.5    Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of 33.6candidacy for a city office voted on in November must be filed no more than 84 days nor 33.7less than 70 days before the city primary. In municipalities that do not hold a primary, an 33.8affidavit of candidacy must be filed no more than 70 days and not less than 56 days before 33.9the municipal general election held in March in any year, or a special election not held in 33.10conjunction with another election, and no more than 98 days nor less than 84 days before 33.11the municipal general election held in November of any year. new text begin The municipal clerk's office new text end 33.12 new text begin must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period. new text end 33.13    Sec. 56. Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read: 33.14    Subd. 4. Notice to auditor. At least 67 new text begin 74 new text end days before every municipal election held 33.15in conjunction with a regularly scheduled primary for federal, state, county, city, or school 33.16board office or a special primary for federal office, at least 74 days before every municipal 33.17election held in connection with a regularly scheduled general election for federal, state, 33.18county, city, or school board office or a special election for federal office, and at least 53 33.19days before any other municipal election, the municipal clerk shall provide a written notice 33.20to the county auditor, including the date of the election, the offices to be voted on at the 33.21election, and the title and language for each ballot question to be voted on at the election. 33.22At least 67 new text begin 74 new text end days before every municipal election held in conjunction with a regularly 33.23scheduled primary for federal, state, county, city, or school board office or a special 33.24primary for federal office, at least 74 days before a regularly scheduled general election for 33.25federal, state, county, city, or school board office or a special election for federal office, and 33.26at least 46 days before any other election, the municipal clerk must provide written notice 33.27to the county auditor of any special election canceled under section 205.10, subdivision 6. 33.28    Sec. 57. Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read: 33.29    Subd. 5. Notice to secretary of state. At least 67 new text begin 74 new text end days before every municipal 33.30election held in conjunction with a regularly scheduled primary for federal, state, county, 33.31city, or school board office or a special primary for federal office, at least 74 days before 33.32every municipal election held in conjunction with a regularly scheduled general election 33.33for federal, state, county, city, or school board office or a special election for federal office, 34.1and at least 46 days before any other municipal election for which a notice is provided 34.2to the county auditor under subdivision 4, the county auditor shall provide a notice of 34.3the election to the secretary of state, in a manner and including information prescribed 34.4by the secretary of state. 34.5    Sec. 58. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read: 34.6    Subdivision 1. Second, third, and fourth class cities; towns new text begin Municipal offices; new text end 34.7 new text begin questions; general election ballot new text end . In all statutory and home rule charter cities of the 34.8second, third, and fourth class, and in all towns, for the municipal general election, the 34.9municipal clerk shall have printed on light green paper the official ballot containing the 34.10names of all candidates for municipal offices new text begin and municipal ballot questions new text end . The ballot 34.11shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election 34.12Ballot," shall state the name of the city or town and the date of the election, and shall 34.13conform in other respects to the white ballot used at the state general election new text begin ballot new text end . The 34.14names shall be arranged on city ballots in the manner provided for the state elections. On 34.15town ballots names of the candidates for each office shall be arranged either: 34.16(1) alphabetically according to the candidates' surnames; or 34.17(2) in the manner provided for state elections if the town electors chose at the town's 34.18annual meeting to arrange the names in that way for at least two consecutive years. 34.19    Sec. 59. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read: 34.20    Subd. 3. Primary ballots. The municipal primary ballot in cities of the second, 34.21third, and fourth class and towns and the nonpartisan primary ballot in cities of the first 34.22class shall conform as far as practicable with the municipal general election ballot except 34.23that it shall be printed on light green paper. No blank spaces shall be provided for writing 34.24in the names of candidates. The partisan primary ballot in cities of the first class shall 34.25conform as far as practicable with the state partisan primary ballot. 34.26    Sec. 60. Minnesota Statutes 2012, section 205A.04, is amended by adding a 34.27subdivision to read: 34.28     new text begin Subd. 3. new text end new text begin Change in year of general election. new text end new text begin The school board may, by resolution, new text end 34.29 new text begin change the year in which the school district general election will be held. The resolution new text end 34.30 new text begin must be approved no later than four weeks before the first day to file affidavits of new text end 34.31 new text begin candidacy for the general election. A plan for the orderly transition to the new election new text end 34.32 new text begin year must be included in the resolution. The terms of school board members may be new text end 34.33 new text begin lengthened or shortened by one year as a part of the transition process. new text end 35.1    Sec. 61. Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read: 35.2    Subdivision 1. Questions. Special elections must be held for a school district on a 35.3question on which the voters are authorized by law to pass judgment. The school board 35.4may on its own motion call a special election to vote on any matter requiring approval of 35.5the voters of a district. Upon petition filed with the school board of 50 or more voters of 35.6the school district or five percent of the number of voters voting at the preceding school 35.7district general election, whichever is greater, the school board shall by resolution call 35.8a special election to vote on any matter requiring approval of the voters of a district. A 35.9question is carried only with the majority in its favor required by law. The election officials 35.10for a special election are the same as for the most recent school district general election 35.11unless changed according to law. Otherwise, special elections must be conducted and the 35.12returns made in the manner provided for the school district general election. A special 35.13election may not be held during the 30 new text begin 56 new text end days before and the 30 new text begin 56 new text end days after the state new text begin a new text end 35.14 new text begin regularly scheduled new text end primary, during the 30 days before and the 40 days after the state new text begin or new text end 35.15general election. In addition, a special election may not be held during the 20 days before 35.16and the 20 days after any regularly scheduled election of a municipality new text begin conducted new text end wholly 35.17or partially within the school district. Notwithstanding any other law to the contrary, the 35.18time period in which a special election must be conducted under any other law may be 35.19extended by the school board to conform with the requirements of this subdivision. 35.20    Sec. 62. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read: 35.21    Subd. 2. Vacancies in school district offices. Special elections shall be held in 35.22school districts in conjunction with school district primary and general elections to fill 35.23vacancies in elective school district offices. new text begin When more than one vacancy exists in an new text end 35.24 new text begin office elected at-large, voters must be instructed to vote for up to the number of vacancies new text end 35.25 new text begin to be filled. new text end 35.26    Sec. 63. Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read: 35.27    Subd. 3. Notice to auditor. At least 67 new text begin 74 new text end days before every school district election 35.28held in conjunction with a regularly scheduled primary for federal, state, county, city, or 35.29school board office or a special primary for federal office, at least 74 days before every 35.30school district election held in conjunction with a regularly scheduled general election for 35.31federal, state, county, city, or school board office or a special election for federal office, 35.32and at least 53 days before any other school district election, the school district clerk shall 35.33provide a written notice to the county auditor of each county in which the school district is 35.34located. The notice must include the date of the election, the offices to be voted on at the 36.1election, and the title and language for each ballot question to be voted on at the election. 36.2For the purposes of meeting the timelines of this section, in a bond election, a notice, 36.3including a proposed question, may be provided to the county auditor before receipt of a 36.4review and comment from the commissioner of education and before actual initiation of 36.5the election. At least 67 new text begin 74 new text end days before every school district election held in conjunction 36.6with a regularly scheduled primary for federal, state, county, city, or school board office or 36.7a special primary for federal office, at least 74 days before an election held in conjunction 36.8with a regularly scheduled general election for federal, state, county, city, or school board 36.9office or a special election for federal office, and at least 46 days before any other election, 36.10the school district clerk must provide written notice to the county auditor of any special 36.11election canceled under section 205A.05, subdivision 3. 36.12    Sec. 64. Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read: 36.13    Subd. 3a. Notice to commissioner of education. At least 67 new text begin 74 new text end days before every 36.14school district election held in conjunction with a regularly scheduled primary for federal, 36.15state, county, city, or school board office or a special primary for federal office, at least 74 36.16days before every school district election held in conjunction with a regularly scheduled 36.17general election for federal, state, county, city, or school board office or a special election 36.18for federal office, and at least 49 days before any other school district election, under 36.19section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall 36.20provide a written notice to the commissioner of education. The notice must include the 36.21date of the election and the title and language for each ballot question to be voted on at the 36.22election. At least 67 new text begin 74 new text end days before every school district election held in conjunction with 36.23a regularly scheduled primary for federal, state, county, city, or school board office or a 36.24special primary for federal office, at least 74 days before every school district election 36.25held in conjunction with a regularly scheduled general election for federal, state, county, 36.26city, or school board office or a special election for federal office, and at least 46 days 36.27before any other school district election, the school district clerk must provide a written 36.28notice to the commissioner of education of any special election canceled under section 36.29205A.05, subdivision 3 . The certified vote totals for each ballot question shall be provided 36.30in a written notice to the commissioner in a timely manner. 36.31    Sec. 65. Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read: 36.32    Subd. 3b. Notice to secretary of state. At least 67 new text begin 74 new text end days before every school 36.33district election held in conjunction with a regularly scheduled primary for federal, state, 36.34county, city, or school board office or a special primary for federal office, at least 74 37.1days before every school district election held in conjunction with a regularly scheduled 37.2general election for federal, state, county, city, or school board office or a special election 37.3for federal office, and at least 46 days before any other school district election for which 37.4a notice is provided to the county auditor under subdivision 3, the county auditor shall 37.5provide a notice of the election to the secretary of state, in a manner and including 37.6information prescribed by the secretary of state. 37.7    Sec. 66. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read: 37.8    Subdivision 1. Buff new text begin General election new text end ballot. The names of all candidates for offices 37.9 new text begin and all ballot questions new text end to be voted on at a school district general election must be placed 37.10on a single ballot printed on buff paper and known as the "buff ballot." new text begin . new text end 37.11    Sec. 67. Minnesota Statutes 2012, section 206.57, is amended by adding a subdivision 37.12to read: 37.13     new text begin Subd. 8. new text end new text begin Ballot boxes. new text end new text begin Notwithstanding Minnesota Rules, part 8230.4355, ballot new text end 37.14 new text begin boxes used with precinct count voting systems are not required to contain two separate new text end 37.15 new text begin compartments to receive ballots. new text end 37.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.17    Sec. 68. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read: 37.18    Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for 37.19primary elections, and on the white new text begin state general election new text end ballot prepared for the general 37.20election, the order of the names of nominees or names of candidates for election shall be 37.21the same as required for paper ballots. More than one column or row may be used for the 37.22same office or party. Electronic ballot display and audio ballot readers must conform to 37.23the candidate order on the optical scan ballot used in the precinct. 37.24    Sec. 69. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read: 37.25    Subd. 2. Selection for review; notice. At the canvass of the state primary, the 37.26county canvassing board in each county must set the date, time, and place for the 37.27postelection review of the state general election to be held under this section. new text begin The new text end 37.28 new text begin postelection review must not begin before the 11th day after the state general election and new text end 37.29 new text begin must be complete no later than the 18th day after the state general election. new text end 37.30    At the canvass of the state general election, the county canvassing boards must select 37.31the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be 37.32considered one precinct eligible to be selected for purposes of this subdivision. new text begin The ballots new text end 38.1 new text begin to be reviewed for a precinct include both the ballots counted at the polling place for that new text end 38.2 new text begin precinct and the absentee ballots counted centrally by a ballot board for that precinct. new text end The 38.3county canvassing board of a county with fewer than 50,000 registered voters must conduct 38.4a postelection review of a total of at least two precincts. The county canvassing board of a 38.5county with between 50,000 and 100,000 registered voters must conduct a review of a total 38.6of at least three precincts. The county canvassing board of a county with over 100,000 38.7registered voters must conduct a review of a total of at least four precincts, or three percent 38.8of the total number of precincts in the county, whichever is greater. At least one precinct 38.9selected in each county must have had more than 150 votes cast at the general election. 38.10    The county auditor must notify the secretary of state of the precincts that have been 38.11chosen for review and the time and place the postelection review for that county will be 38.12conducted, as soon as the decisions are made. If the selection of precincts has not resulted 38.13in the selection of at least four precincts in each congressional district, the secretary of state 38.14may require counties to select by lot additional precincts to meet the congressional district 38.15requirement. The secretary of state must post this information on the office Web site. 38.16    Sec. 70. Minnesota Statutes 2012, section 206.89, is amended by adding a subdivision 38.17to read: 38.18     new text begin Subd. 2a. new text end new text begin Exception. new text end new text begin No review is required under this section if the election for the new text end 38.19 new text begin office will be subject to a recount as provided in section 204C.35, subdivision 1. new text end 38.20    Sec. 71. Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read: 38.21    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card 38.22on which all ballot information is included must be printed in black ink on white colored 38.23material except that marks not to be read by the automatic tabulating equipment may be 38.24printed in another color ink. new text begin In state elections, a single ballot title must be used, as provided new text end 38.25 new text begin in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years new text end 38.26 new text begin when both municipal and school district offices or questions appear on the ballot, the new text end 38.27 new text begin single ballot title "City (or Town) and School District Ballot" must be used. new text end 38.28On the front of the ballot must be printed the words "Official Ballot" and the date of 38.29the election and lines for the initials of at least two election judges. 38.30When optical scan ballots are used, the offices to be elected must appear in the 38.31following order: federal offices; state legislative offices; constitutional offices; proposed 38.32constitutional amendments; county offices and questions; municipal offices and questions; 38.33school district offices and questions; special district offices and questions; and judicial 38.34offices. 39.1On optical scan ballots, the names of candidates and the words "yes" and "no" for 39.2ballot questions must be printed as close to their corresponding vote targets as possible. 39.3The line on an optical scan ballot for write-in votes must contain the words "write-in, 39.4if any." 39.5If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the 39.6instructions to voters must include a statement that reads substantially as follows: "THIS 39.7BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN 39.8BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR 39.9CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains 39.10political party columns on both sides of the ballot, the instructions to voters must include a 39.11statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 39.12PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL 39.13PARTY ONLY." At the bottom of each political party column on the primary ballot, the 39.14ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING 39.15ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4, 39.16do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio 39.17ballot readers must follow the order of offices and questions on the optical scan or paper 39.18ballot used in the same precinct, or the sample ballot posted for that precinct. 39.19    Sec. 72. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read: 39.20    Subdivision 1. Form of presidential ballots. When presidential electors and 39.21alternates are to be voted for, a vote cast for the party candidates for president and vice 39.22president shall be deemed a vote for that party's electors and alternates as filed with the 39.23secretary of state. The secretary of state shall certify the names of all duly nominated 39.24presidential and vice presidential candidates to the county auditors of the counties of 39.25the state. Each county auditor, subject to the rules of the secretary of state, shall cause 39.26the names of the candidates of each major political party and the candidates nominated 39.27by petition to be printed in capital letters, set in type of the same size and style as for 39.28candidates on the state white new text begin general election new text end ballot, before the party designation. To the 39.29left of, and on the same line with the names of the candidates for president and vice 39.30president, near the margin, shall be placed a square or box, in which the voters may 39.31indicate their choice by marking an "X." 39.32The form for the presidential ballot and the relative position of the several candidates 39.33shall be determined by the rules applicable to other state officers. The state ballot, with 39.34the required heading, shall be printed on the same piece of paper and shall be below the 39.35presidential ballot with a blank space between one inch in width. 40.1    Sec. 73. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read: 40.2    Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost 40.3of printing, and delivery of presidential ballots are the same as the rules for white new text begin state new text end 40.4 new text begin general election new text end ballots under section 204D.11, subdivision 1. 40.5    Sec. 74. Minnesota Statutes 2012, section 211B.045, is amended to read: 40.6211B.045 NONCOMMERCIAL SIGNS EXEMPTION. 40.7In any municipality, whether or not the municipality has an ordinance that regulates 40.8the size or number of noncommercial signs, All noncommercial signs of any size may be 40.9posted in any number from new text begin beginning new text end 46 days before the state primary in a state general 40.10election year until ten days following the state general election. new text begin Municipal ordinances new text end 40.11 new text begin may regulate the size and number of noncommercial signs at other times. new text end 40.12    Sec. 75. Minnesota Statutes 2012, section 211B.37, is amended to read: 40.13211B.37 COSTS ASSESSED. 40.14Except as otherwise provided in section 211B.36, subdivision 3, the chief 40.15administrative law judge shall assess the cost of considering complaints filed under 40.16section 211B.32 as provided in this section. Costs of complaints relating to a statewide 40.17ballot question or an election for a statewide or legislative office must be assessed against 40.18the appropriation from the general fund to the general account of the state elections 40.19campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any 40.20other ballot question or elective office must be assessed against the county or counties in 40.21which the election is held. Where the election is held in more than one county, the chief 40.22administrative law judge shall apportion the assessment among the counties in proportion 40.23to their respective populations within the election district to which the complaint relates 40.24according to the most recent decennial federal census new text begin paid from appropriations to the new text end 40.25 new text begin office for this purpose new text end . 40.26    Sec. 76. Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read: 40.27    Subd. 2. Ballot question. The new text begin form of the new text end question of the referendum under this 40.28section must be on a separate ballot and must allow the voters to vote either "for license" 40.29or "against license." new text begin either "Shall the city issue ... intoxicating liquor licenses?" or "Shall new text end 40.30 new text begin the city discontinue issuing intoxicating liquor licenses?". new text end 40.31    Sec. 77. Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read: 41.1    Subd. 3. Effect of election results. If a majority of persons voting on the 41.2referendum question vote "against license," new text begin to discontinue issuing licenses, new text end the city may 41.3not issue intoxicating liquor licenses until the results of the referendum have been reversed 41.4at a subsequent election where the question has been submitted as provided in this section. 41.5    Sec. 78. Minnesota Statutes 2012, section 340A.602, is amended to read: 41.6340A.602 CONTINUATION. 41.7In any city in which the report of the operations of a municipal liquor store has 41.8shown a net loss prior to interfund transfer in any two of three consecutive years, the 41.9city council shall, not more than 45 days prior to the end of the fiscal year following 41.10the three-year period, hold a public hearing on the question of whether the city shall 41.11continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily 41.12understandable language, of the hearing must be printed in the city's official newspaper. 41.13Following the hearing the city council may on its own motion or shall upon petition of five 41.14percent or more of the registered voters of the city, submit to the voters at a general or 41.15special municipal election the question of whether the city shall continue or discontinue 41.16municipal liquor store operations by a date which the city council shall designate. The 41.17date designated by the city council must not be more than 30 months following the date 41.18of the election. new text begin The form of the question shall be: "Shall the city of (name) discontinue new text end 41.19 new text begin operating the municipal liquor store on (Month xx, 2xxx)?". new text end 41.20    Sec. 79. Minnesota Statutes 2012, section 375.20, is amended to read: 41.21375.20 BALLOT QUESTIONS. 41.22If the county board may do an act, incur a debt, appropriate money for a purpose, 41.23or exercise any other power or authority, only if authorized by a vote of the people, the 41.24question may be submitted at a special or general election, by a resolution specifying the 41.25matter or question to be voted upon. If the question is to authorize the appropriation of 41.26money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election 41.27shall be given as in the case of special elections. If the question submitted is adopted, the 41.28board shall pass an appropriate resolution to carry it into effect. In the election the form 41.29of the ballot shall be: "In favor of new text begin Shall new text end (here state the substance of the resolution to be 41.30submitted) new text begin ? new text end , Yes ...... No......," with a square opposite each of the words "yes" and "no," in 41.31one of which the voter shall mark an "X" to indicate a choice. The county board may call 41.32a special county election upon a question to be held within 60 new text begin 74 new text end days after a resolution to 41.33that effect is adopted by the county board. Upon the adoption of the resolution the county 41.34auditor shall post and publish notices of the election, as required by section 204D.22, 42.1subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the 42.2manner prescribed by sections 204D.20 to 204D.27, so far as practicable. 42.3    Sec. 80. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read: 42.4    Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law 42.5applies to hospital district elections, as far as practicable. Regular elections must be held 42.6in each hospital district at the same time, in the same election precincts, and at the same 42.7polling places as general elections of state and county officers. It may establish the whole 42.8district as a single election precinct or establish two or more different election precincts and 42.9polling places for the elections. If there is more than one precinct, the boundaries of the 42.10election precincts and the locations of the polling places must be defined in the notice of 42.11election, either in full or by reference to a description or map on file in the office of the clerk. 42.12Special elections may be called by the hospital board to vote on any matter required 42.13by law to be submitted to the voters. A special election may not be conducted either 42.14during the 30 new text begin 56 new text end days before and the 30 days after the state new text begin or the 56 days after a regularly new text end 42.15 new text begin scheduled new text end primary or state general election, or during the 20 days before and the 20 days 42.16after the regularly scheduled election of any municipality new text begin conducted new text end wholly or partially 42.17within the hospital district. Special elections must be held within the election precinct or 42.18precincts and at the polling place or places designated by the board. In the case of the 42.19first election of officers of a new district, precincts and polling places must be set by the 42.20governing body of the most populous city or town included in the district. 42.21Advisory ballots may be submitted by the hospital board on any question it wishes, 42.22concerning the affairs of the district, but only at a regular election or at a special election 42.23required for another purpose. 42.24    Sec. 81. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read: 42.25    Subd. 3. Election notices. At least two weeks before the first day to file affidavits 42.26of candidacy, the clerk of the district shall publish a notice stating the first and last day 42.27on which affidavits of candidacy may be filed, the places for filing the affidavits and the 42.28closing time of the last day for filing. The clerk shall post a similar notice in at least one 42.29conspicuous place in each city and town in the district at least ten days before the first 42.30day to file affidavits of candidacy. 42.31At least 53 new text begin 74 new text end days prior to every hospital district election, the hospital district clerk 42.32shall provide a written notice to the county auditor of each county in which the hospital 42.33district is located. The notice must include the date of the election, the offices to be voted 42.34on at the election, and the title and language for each ballot question to be voted on at the 43.1election. At least 46 days before a hospital district election for which a notice is provided 43.2to the county auditor under this subdivision, The county auditor shall new text begin immediately new text end provide 43.3a notice to the secretary of state in a manner and including information prescribed by 43.4the secretary of state. 43.5The notice of each election must be posted in at least one public and conspicuous 43.6place within each city and town included in the district at least ten days new text begin two weeks new text end before 43.7the election. It must be published in the official newspaper of the district or, if a paper has 43.8not been designated, in a legal newspaper having general circulation within the district, at 43.9least two weeks before the election. Failure to give notice does not invalidate the election 43.10of an officer of the district. A voter may contest a hospital district election in accordance 43.11with chapter 209. Chapter 209 applies to hospital district elections. 43.12    Sec. 82. Minnesota Statutes 2012, section 447.32, subdivision 4, is amended to read: 43.13    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a 43.14candidate for the hospital board shall file an affidavit of candidacy for the election either as 43.15member at large or as a member representing the city or town where the candidate resides. 43.16The affidavit of candidacy must be filed with the city or town clerk not more than 91 new text begin 98 new text end days 43.17nor less than 77 new text begin 84 new text end days before the first Tuesday after the first Monday in November of the 43.18year in which the general election is held. The city or town clerk must forward the affidavits 43.19of candidacy to the clerk of the hospital district or, for the first election, the clerk of the 43.20most populous city or town immediately after the last day of the filing period. A candidate 43.21may withdraw from the election by filing an affidavit of withdrawal with the clerk of the 43.22district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy. 43.23Voting must be by secret ballot. The clerk shall prepare, at the expense of the 43.24district, necessary ballots for the election of officers. Ballots must be printed on tan paper 43.25and prepared as provided in the rules of the secretary of state. The ballots must be marked 43.26and initialed by at least two judges as official ballots and used exclusively at the election. 43.27Any proposition to be voted on may be printed on the ballot provided for the election 43.28of officers. The hospital board may also authorize the use of voting systems subject to 43.29chapter 206. Enough election judges may be appointed to receive the votes at each 43.30polling place. The election judges shall act as clerks of election, count the ballots cast, 43.31and submit them to the board for canvass. 43.32After canvassing the election, the board shall issue a certificate of election to the 43.33candidate who received the largest number of votes cast for each office. The clerk shall 43.34deliver the certificate to the person entitled to it in person or by certified mail. Each person 43.35certified shall file an acceptance and oath of office in writing with the clerk within 30 44.1days after the date of delivery or mailing of the certificate. The board may fill any office 44.2as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 44.3qualification is effective if made before the board acts to fill the vacancy. 44.4    Sec. 83. Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992, 44.5chapter 534, section 1, is amended to read: 44.6    Subd. 2. One third of the members of the first hospital board shall be appointed for a 44.7term to expire one year from December 31 next following such appointment, one third 44.8for a term to expire two years from such date, and one third for a term to expire three 44.9years from such date. Successors to the original board members shall each be elected for 44.10terms of three years, and all members shall hold office until their successors are elected 44.11and qualify. Terms of all members shall expire on December 31. In case of a vacancy 44.12on the hospital board, whether due to death, removal from the district, inability to serve, 44.13resignation, or other cause the majority of the remaining members of the hospital board, 44.14at its next regular or special meeting, shall make an appointment to fill such vacancy for 44.15the then unexpired term. The election of successors to the original board members shall 44.16be elected by popular vote of the qualified voters in the hospital district. new text begin Hospital board new text end 44.17 new text begin elections shall be conducted as provided in Minnesota Statutes, section 447.32. The new text end 44.18 new text begin hospital board shall, by resolution, adopt a plan for the orderly transition to the new new text end 44.19 new text begin election schedule. The resolution must be approved no later than four weeks before the new text end 44.20 new text begin first day to file affidavits of candidacy for the general election. The terms of hospital board new text end 44.21 new text begin members may be lengthened or shortened by one year as a part of the transition process. new text end 44.22    Sec. 84. new text begin APPROPRIATION. new text end 44.23 new text begin $60,000 is appropriated from the general fund in fiscal year 2014 to the secretary of new text end 44.24 new text begin state to develop functionality within the statewide voter registration system to facilitate new text end 44.25 new text begin the processing and tracking of mail ballots. new text end 44.26    Sec. 85. new text begin REPEALER. new text end 44.27 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 204B.22, subdivision 2; 204B.42; 204D.11, new text end 44.28 new text begin subdivisions 2 and 3; 205.17, subdivisions 2 and 4; and 205A.08, subdivision 4, new text end new text begin are new text end 44.29 new text begin repealed. new text end 44.30 new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 2.444; and 2.484, new text end new text begin are repealed. new text end 45.1ARTICLE 3 45.2VOTING RIGHTS AND VOTING DATA 45.3    Section 1. Minnesota Statutes 2012, section 13.851, subdivision 10, is amended to read: 45.4    Subd. 10. Felony sentence new text begin offender new text end data; voter registration. The use of felony 45.5sentence new text begin offender new text end data made available to the secretary of state is governed by section 45.6201.157 . 45.7    Sec. 2. Minnesota Statutes 2012, section 201.157, is amended to read: 45.8201.157 USE OF DEPARTMENT OF CORRECTIONS DATA. 45.9As required by the Help America Vote Act of 2002, Public Law 107-252, new text begin (a) new text end The 45.10commissioner of corrections shall make electronic data available to the secretary of state 45.11on individuals 18 years of age or older who are currently new text begin : new text end 45.12 new text begin (1) new text end serving felony sentences under the commissioner's jurisdiction new text begin ; or new text end 45.13 new text begin (2) on probation for felony offenses that would result in the loss of civil rights, as new text end 45.14 new text begin indicated by the statewide supervision system established under section 241.065 new text end . 45.15The data must include the name, date of birth, new text begin last known residential address that is new text end 45.16 new text begin not a correctional facility, and, if available, new text end corrections' state identification number, and if 45.17available, new text begin and new text end the driver's license or state identification card number, and, if an individual 45.18has completed the sentence, the date of discharge. 45.19 new text begin (b) new text end The secretary of state must determine if any data newly indicates that: 45.20(1) an individual with an active voter registration in the statewide voter registration 45.21system is currently serving a felony sentence under the commissioner's jurisdiction new text begin or is on new text end 45.22 new text begin probation for a felony offense that would result in the loss of civil rights new text end and the individual's 45.23voter record does not already have a challenged status due to a felony conviction; 45.24(2) an individual with an active voter registration in the statewide voter registration 45.25system who is currently serving a felony sentence under the commissioner's jurisdiction new text begin or new text end 45.26 new text begin who is on probation for a felony offense that would result in the loss of civil rights new text end appears 45.27to have registered to vote or to have voted during a period when the individual's civil 45.28rights were revoked; and 45.29(3) an individual with a voter record that has a challenged status due to a felony 45.30conviction who was serving a felony sentence under the commissioner's jurisdiction 45.31 new text begin or who has been on probation for a felony offense that would result in the loss of civil new text end 45.32 new text begin rights new text end has been discharged from a sentence. 45.33The secretary of state shall prepare a list of the registrants included under clause (1), 45.34(2), or (3) for each county auditor. For individuals under clause (1), the county auditor 45.35shall challenge the individual's record in the statewide voter registration system. The 46.1county auditor must provide information to the county attorney about individuals under 46.2clause (2) for the county attorney's investigation. For individuals under clause (3), the 46.3county auditor must determine if the challenge status should be removed from the voter 46.4record for the individual, and if so, must remove the challenge. 46.5The secretary of state must make the required determinations and provide the 46.6required lists to the county auditors at least monthly. 46.7For each state general election that occurs prior to the statewide voter registration 46.8system being programmed to generate lists as required by this section, the secretary of 46.9state must make the determination and provide lists to the county auditors between 30 and 46.1060 days before the election and again between six and ten weeks after the election. In the 46.11year following that state election, the secretary of state must make this determination and 46.12provide lists to the county auditors again as part of the annual list maintenance. 46.13    Sec. 3. Minnesota Statutes 2012, section 201.275, is amended to read: 46.14201.275 INVESTIGATIONS; PROSECUTIONS. 46.15A county attorney who new text begin law enforcement agency that new text end is notified by affidavit of an 46.16alleged violation of this chapter shall promptly investigate. new text begin Upon receiving an affidavit new text end 46.17 new text begin alleging a violation of this chapter, a county attorney shall promptly forward it to a law new text end 46.18 new text begin enforcement agency with jurisdiction for investigation. new text end If there is probable cause for 46.19instituting a prosecution, the county attorney shall proceed by complaint or present the 46.20charge, with whatever evidence has been found, to the grand jury. A county attorney who 46.21refuses or intentionally fails to faithfully perform this or any other duty imposed by this 46.22chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The county 46.23attorney, under the penalty of forfeiture of office, shall prosecute all violations of this 46.24chapter except violations of this section; if, however, a complainant withdraws an allegation 46.25under this chapter, the county attorney is not required to proceed with the prosecution. 46.26    Sec. 4. Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read: 46.27    Subd. 3. Delivery of ballots. (a) new text begin The commissioner of corrections must provide the new text end 46.28 new text begin secretary of state with a list of the names and mailing addresses of state adult correctional new text end 46.29 new text begin facilities. An application for an absentee ballot that provides an address included on the list new text end 46.30 new text begin provided by the commissioner of corrections must not be accepted and an absentee ballot new text end 46.31 new text begin must not be provided to the applicant. The county auditor or municipal clerk must promptly new text end 46.32 new text begin transmit a copy of the application to the county attorney. The Department of Corrections new text end 46.33 new text begin must implement procedures to ensure that absentee ballots issued under chapter 203B are new text end 46.34 new text begin not received or mailed by offenders incarcerated at state adult correctional facilities. new text end 47.1 new text begin (b) new text end If an application for absentee ballots is accepted at a time when absentee ballots 47.2are not yet available for distribution, the county auditor, or municipal clerk accepting the 47.3application shall file it and as soon as absentee ballots are available for distribution shall 47.4mail them to the address specified in the application. If an application for absentee ballots 47.5is accepted when absentee ballots are available for distribution, the county auditor or 47.6municipal clerk accepting the application shall promptly: 47.7    (1) mail the ballots to the voter whose signature appears on the application if the 47.8application is submitted by mail and does not request commercial shipping under clause (2); 47.9    (2) ship the ballots to the voter using a commercial shipper requested by the voter at 47.10the voter's expense; 47.11    (3) deliver the absentee ballots directly to the voter if the application is submitted in 47.12person; or 47.13    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 47.14been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 47.15voter who would have difficulty getting to the polls because of incapacitating health 47.16reasons, or who is disabled, or who is a patient in a health care facility, a resident of 47.17a facility providing assisted living services governed by chapter 144G, a participant in 47.18a residential program for adults licensed under section 245A.02, subdivision 14, or a 47.19resident of a shelter for battered women as defined in section 611A.37, subdivision 4. 47.20    (b) new text begin (c) new text end If an application does not indicate the election for which absentee ballots are 47.21sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 47.22the next election occurring after receipt of the application. Only one set of ballots may 47.23be mailed, shipped, or delivered to an applicant for any election, except as provided in 47.24section 203B.121, subdivision 2, or when a replacement ballot has been requested by the 47.25voter for a ballot that has been spoiled or lost in transit. 47.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 15, 2013. new text end 47.27    Sec. 5. Minnesota Statutes 2012, section 204C.14, is amended to read: 47.28204C.14 UNLAWFUL VOTING; PENALTY. 47.29     new text begin Subdivision 1. new text end new text begin Violations; penalty. new text end No individual shall intentionally: 47.30(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in 47.31a ballot box or attempting to vote by means of a voting machine or electronic voting system; 47.32(b) vote more than once at the same election; 47.33(c) put a ballot in a ballot box for any illegal purpose; 48.1(d) give more than one ballot of the same kind and color to an election judge to 48.2be placed in a ballot box; 48.3(e) aid, abet, counsel or procure another to go into any precinct for the purpose 48.4of voting in that precinct, knowing that the other individual is not eligible to vote in 48.5that precinct; or 48.6(f) aid, abet, counsel or procure another to do any act in violation of this section. 48.7A violation of this section is a felony. 48.8     new text begin Subd. 2. new text end new text begin Signature on roster as evidence of intent. new text end new text begin For purposes of proving a new text end 48.9 new text begin violation of this section, the signature of an individual on a polling place roster is prima new text end 48.10 new text begin facie evidence of the intent of the individual to vote at that election. new text end 48.11    Sec. 6. Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read: 48.12    Subd. 2. Establishment. The Department of Corrections shall administer and 48.13maintain a computerized data system for the purpose of assisting criminal justice agencies 48.14in monitoring and enforcing the conditions of conditional release imposed on criminal 48.15offenders by a sentencing court or the commissioner of corrections. The adult data and 48.16juvenile data as defined in section 260B.171 in the statewide supervision system are 48.17private data as defined in section 13.02, subdivision 12, but are accessible to criminal 48.18justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender 48.19program as provided in section 246B.04, subdivision 3, to public defenders as provided in 48.20section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in 48.21other states in the conduct of their official duties. new text begin Adult data in the statewide supervision new text end 48.22 new text begin system are accessible to the secretary of state for the purposes described in section 201.157. new text end 48.23    Sec. 7. new text begin APPROPRIATION. new text end 48.24 new text begin $47,000 is appropriated in fiscal year 2014 and $48,000 is appropriated in fiscal year new text end 48.25 new text begin 2015 to the secretary of state to administer this article. Of these amounts, $48,000 is added new text end 48.26 new text begin to the base budget of the secretary of state. new text end 48.27ARTICLE 4 48.28ELECTRONIC ROSTERS 48.29    Section 1. new text begin ELECTRONIC ROSTER PILOT PROJECT. new text end 48.30     new text begin Subdivision 1. new text end new text begin Established. new text end new text begin A pilot project is established to explore the use of new text end 48.31 new text begin electronic rosters in conducting elections. Jurisdictions participating in the project may new text end 48.32 new text begin use electronic rosters to process election day registration, to verify the registration status new text end 48.33 new text begin of preregistered voters, or both. The pilot project shall apply to general elections for home new text end 49.1 new text begin rule charter or statutory cities conducted in participating cities in 2013. The standards for new text end 49.2 new text begin conducting the pilot project are provided in this section. new text end 49.3     new text begin Subd. 2. new text end new text begin Participating cities. new text end new text begin Precincts located in Dilworth, Minnetonka, new text end 49.4 new text begin Moorhead, Saint Anthony, and Saint Paul may participate in the project. In participating new text end 49.5 new text begin cities, the head elections official may designate individual precincts in the jurisdiction to new text end 49.6 new text begin participate. A city is not required to use electronic rosters in all precincts. new text end 49.7     new text begin Subd. 3. new text end new text begin Technology requirements. new text end new text begin (a) In participating precincts, an electronic new text end 49.8 new text begin poll book must: new text end 49.9 new text begin (1) be able to be loaded with a data file that includes voter registration data in a file new text end 49.10 new text begin format prescribed by the secretary of state, to the extent feasible; new text end 49.11 new text begin (2) allow for data to be exported in a file format prescribed by the secretary of state; new text end 49.12 new text begin (3) allow for data to be entered manually or by scanning a Minnesota driver's license new text end 49.13 new text begin or identification card to populate a voter registration application that would be printed new text end 49.14 new text begin and signed and dated by the voter; new text end 49.15 new text begin (4) provide for a printed voter's signature certificate, containing the voter's name, new text end 49.16 new text begin address of residence, date of birth, voter identification number, the oath required by new text end 49.17 new text begin Minnesota Statutes, section 204C.10, and a space for the voter's original signature; new text end 49.18 new text begin (5) immediately alert the election judge if the electronic poll book indicates that a new text end 49.19 new text begin voter has already voted, the voter's registration status is challenged, or it appears the new text end 49.20 new text begin voter resides in a different precinct; new text end 49.21 new text begin (6) provide immediate instructions on how to resolve a particular type of challenge new text end 49.22 new text begin when a voter's record is challenged; and new text end 49.23 new text begin (7) perform any other functions necessary for the efficient and secure administration new text end 49.24 new text begin of participating election, as determined by the secretary of state. new text end 49.25 new text begin (b) In precincts using electronic rosters only for election day registration, the new text end 49.26 new text begin technology does not need to comply with paragraph (a), clause (4), (5), or (6). new text end 49.27     new text begin Subd. 4. new text end new text begin Minnesota election law; other law. new text end new text begin Except as provided in this section, the new text end 49.28 new text begin provisions of the Minnesota Election Law apply to this pilot project, so far as practicable. new text end 49.29 new text begin Voters participating in the safe at home program must be allowed to vote pursuant to new text end 49.30 new text begin Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend new text end 49.31 new text begin absentee voting provisions in Minnesota Statutes, chapter 203B. new text end 49.32     new text begin Subd. 5. new text end new text begin Election records retention. new text end new text begin All voter's signature certificates and voter new text end 49.33 new text begin registration applications printed from an electronic poll book shall be retained pursuant to new text end 50.1 new text begin Minnesota Statutes, section 204B.40. Data on election day registrants must be uploaded to new text end 50.2 new text begin the statewide voter registration system for processing by county auditors. new text end 50.3     new text begin Subd. 6. new text end new text begin Election day. new text end new text begin Participating precincts may use electronic rosters for new text end 50.4 new text begin election day registration, to verify registration status of preregistered voters, or both. In new text end 50.5 new text begin precincts using electronic rosters to verify registration status of preregistered voters, the new text end 50.6 new text begin election judges shall also use a paper roster. new text end 50.7     new text begin Subd. 7. new text end new text begin Evaluation. new text end new text begin The secretary of state must evaluate the pilot project and must new text end 50.8 new text begin report to the legislative committees with jurisdiction over elections by January 31, 2014, new text end 50.9 new text begin on the results of the evaluation. The report must include: new text end 50.10 new text begin (1) a description of the technology that was used and explanation of how that new text end 50.11 new text begin technology was selected; new text end 50.12 new text begin (2) the process used for implementing electronic poll books; new text end 50.13 new text begin (3) a description of training that was conducted for election judges and other election new text end 50.14 new text begin officials in precincts that used electronic poll books; new text end 50.15 new text begin (4) the number of voters who voted in each precinct using electronic poll books; new text end 50.16 new text begin (5) comments, feedback, or recommendations from election judges and others in a new text end 50.17 new text begin precinct using electronic poll books; new text end 50.18 new text begin (6) the costs associated with the use of electronic poll books, broken down by precinct; new text end 50.19 new text begin (7) comments, feedback, or recommendations from the participating cities and new text end 50.20 new text begin counties regarding data transfers and other exchanges of information; and new text end 50.21 new text begin (8) any other feedback or recommendations the secretary of state believes are new text end 50.22 new text begin relevant to evaluating the pilot project. new text end 50.23     new text begin Subd. 8. new text end new text begin Expiration. new text end new text begin The authorization for this pilot project expires upon new text end 50.24 new text begin submission of the report as provided in subdivision 7. new text end 50.25    Sec. 2. new text begin ELECTRONIC ROSTER TASK FORCE. new text end 50.26     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin (a) The Electronic Roster Task Force consists of the new text end 50.27 new text begin following 15 members: new text end 50.28 new text begin (1) the director of the Department of Public Safety, Division of Vehicle Services, or new text end 50.29 new text begin designee; new text end 50.30 new text begin (2) the secretary of state, or designee; new text end 50.31 new text begin (3) an individual designated by the secretary of state, from the elections division in new text end 50.32 new text begin the Office of the Secretary of State; new text end 50.33 new text begin (4) the chief information officer of the state of Minnesota, or designee; new text end 51.1 new text begin (5) one county auditor appointed by the Minnesota Association of County Officers; new text end 51.2 new text begin (6) one town election official appointed by the Minnesota Association of Townships; new text end 51.3 new text begin (7) one city election official appointed by the League of Minnesota Cities; new text end 51.4 new text begin (8) one school district election official appointed by the Minnesota School Boards new text end 51.5 new text begin Association; new text end 51.6 new text begin (9) one representative appointed by the speaker of the house of representatives; new text end 51.7 new text begin (10) one representative appointed by the minority leader of the house of new text end 51.8 new text begin representatives; new text end 51.9 new text begin (11) one senator appointed by the senate Subcommittee on the Committee of the new text end 51.10 new text begin Committee on Rules and Administration; new text end 51.11 new text begin (12) one senator appointed by the senate minority leader; new text end 51.12 new text begin (13) one person appointed by the governor, familiar with electronic roster technology new text end 51.13 new text begin but who does not represent a specific vendor of the technology; and new text end 51.14 new text begin (14) two election judges appointed by the governor. new text end 51.15 new text begin (b) Any vacancy shall be filled by appointment of the appointing authority for the new text end 51.16 new text begin vacating member. new text end 51.17 new text begin (c) Members shall be appointed by June 1, 2013. new text end 51.18     new text begin Subd. 2. new text end new text begin Conflict of interest. new text end new text begin No member of the task force may have a financial new text end 51.19 new text begin interest in a manufacturer or distributor of electronic roster technology. new text end 51.20     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin The task force must research the following issues: new text end 51.21 new text begin (1) electronic roster technology, including different types of electronic rosters; new text end 51.22 new text begin (2) the ability to use photographs received from the Department of Vehicle Services; new text end 51.23 new text begin (3) the ability to add photographs to the roster on election day; new text end 51.24 new text begin (4) data security in electronic rosters, the statewide voter registration system, and the new text end 51.25 new text begin Department of Vehicle Services; new text end 51.26 new text begin (5) reliability of Department of Vehicle Services data, including the ability to match new text end 51.27 new text begin names and photographs without duplication; new text end 51.28 new text begin (6) ability of precincts across the state to connect an electronic roster to a secure new text end 51.29 new text begin network to access the statewide voter registration system; and new text end 51.30 new text begin (7) direct and indirect costs associated with using electronic rosters. new text end 51.31     new text begin Subd. 4. new text end new text begin First meeting. new text end new text begin The secretary of state, or the secretary's designee, must new text end 51.32 new text begin convene the initial meeting of the task force by July 1, 2013. The members of the task force new text end 51.33 new text begin must elect a chair and a vice-chair from the members of the task force at the first meeting. new text end 52.1     new text begin Subd. 5. new text end new text begin Compensation. new text end new text begin Public members of the task force shall be compensated new text end 52.2 new text begin pursuant to Minnesota Statutes, section 15.059, subdivision 3. new text end 52.3     new text begin Subd. 6. new text end new text begin Staff. new text end new text begin The Legislative Coordinating Commission shall provide staff new text end 52.4 new text begin support, as needed, to facilitate the task force's work. new text end 52.5     new text begin Subd. 7. new text end new text begin Report. new text end new text begin The task force must submit a report by January 31, 2014, to new text end 52.6 new text begin the chairs and ranking minority members of the committees in the senate and house of new text end 52.7 new text begin representatives with primary jurisdiction over elections, summarizing its findings and new text end 52.8 new text begin listing recommendations on the implementation of electronic rosters statewide. The report new text end 52.9 new text begin shall include draft legislation to implement the recommendations of the task force. new text end 52.10     new text begin Subd. 8. new text end new text begin Sunset. new text end new text begin The task force shall sunset the day following submission of the new text end 52.11 new text begin report under subdivision 7, or January 31, 2014, whichever is earlier. new text end 52.12    Sec. 3. new text begin APPROPRIATIONS. new text end 52.13 new text begin (a) $67,000 is appropriated from the general fund to the secretary of state in fiscal new text end 52.14 new text begin year 2014 to implement this article. new text end 52.15 new text begin (b) $21,000 is appropriated from the general fund to the Legislative Coordinating new text end 52.16 new text begin Commission in fiscal year 2014 for the purposes of this article. new text end 52.17    Sec. 4. new text begin EFFECTIVE DATE. new text end 52.18 new text begin This article is effective the day following final enactment. new text end 52.19ARTICLE 5 52.20VACANCIES IN NOMINATION 52.21    Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read: 52.22    Subdivision 1. Death or withdrawal new text begin Partisan office new text end . new text begin (a) new text end A vacancy in nomination 52.23may new text begin for a partisan office must new text end be filled in the manner provided by this section. A vacancy 52.24in nomination exists new text begin for a partisan office new text end when: (1) a major political party candidate 52.25or nonpartisan candidate who was nominated at a primary dies or files an affidavit of 52.26withdrawal as provided in section 204B.12, subdivision 2a; or (2) a candidate for a 52.27nonpartisan office, for which one or two candidates filed, new text begin who has been nominated in new text end 52.28 new text begin accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1: new text end 52.29 new text begin (1) dies; new text end 52.30 new text begin (2) new text end withdraws as provided in section 204B.12, subdivision 1. new text begin ; or new text end 53.1 new text begin (3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at new text end 53.2 new text begin least one day prior to the general election with the same official who received the affidavit new text end 53.3 new text begin of candidacy. new text end 53.4 new text begin (b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that new text end 53.5 new text begin the candidate has been diagnosed with a catastrophic illness that will permanently and new text end 53.6 new text begin continuously incapacitate the candidate and prevent the candidate from performing the new text end 53.7 new text begin duties of the office sought, if elected. The affidavit must be accompanied by a certificate new text end 53.8 new text begin verifying the candidate's illness meets the requirements of this paragraph, signed by at new text end 53.9 new text begin least two licensed physicians. The affidavit and certificate may be filed by the candidate new text end 53.10 new text begin or the candidate's legal guardian. new text end 53.11    Sec. 2. Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read: 53.12    Subd. 2. Partisan office; nomination by party new text begin ; special election new text end . (a) A vacancy in 53.13nomination for partisan office shall be filled as provided in this subdivision. new text begin Except as new text end 53.14 new text begin provided in subdivision 5, new text end a major political party has the authority to new text begin may new text end fill a vacancy 53.15in nomination of that party's candidate new text begin as defined in subdivision 1, clause (1) or (3), new text end by 53.16filing a new text begin one new text end nomination certificate with the same official who received the affidavits of 53.17candidacy for that office. 53.18(b) A major political party may provide in its governing rules a procedure, including 53.19designation of an appropriate committee, to fill vacancies new text begin a vacancy new text end in nomination for all 53.20offices elected statewide new text begin any federal or state partisan office new text end . The nomination certificate 53.21shall be prepared under the direction of and executed by the chair and secretary of the 53.22political party and filed within seven days after the vacancy in nomination occurs or 53.23before the 14th day before the general election, whichever is sooner. If the vacancy in 53.24nomination occurs through the candidate's death or catastrophic illness, the nomination 53.25certificate must be filed within seven days after the vacancy in nomination occurs but no 53.26later than four days before the general election new text begin the timelines established in this section new text end . 53.27 new text begin When filing the certificate new text end the chair and secretary when filing the certificate shall attach an 53.28affidavit stating that the newly nominated candidate has been selected under the rules of 53.29the party and that the individuals signing the certificate and making the affidavit are the 53.30chair and secretary of the party. 53.31 new text begin (b) In the case of a vacancy in nomination for partisan office that occurs on or before new text end 53.32 new text begin the 79th day before the general election, the major political party must file the nomination new text end 53.33 new text begin certificate no later than 71 days before the general election. The name of the candidate new text end 53.34 new text begin nominated by the party must appear on the general election ballot. new text end 54.1 new text begin (c) Except as provided in subdivision 5, in the case of a vacancy in nomination for new text end 54.2 new text begin a partisan office that occurs after the 79th day before the general election, the general new text end 54.3 new text begin election ballot shall remain unchanged, but the county and state canvassing boards must new text end 54.4 new text begin not certify the vote totals for that office from the general election, and the office must be new text end 54.5 new text begin filled at a special election held in accordance with this section. Except for the vacancy new text end 54.6 new text begin in nomination, all other candidates whose names appeared on the general election ballot new text end 54.7 new text begin for the office must appear on the special election ballot for the office. New affidavits of new text end 54.8 new text begin candidacy or nominating petitions may not be accepted, and there must not be a primary to new text end 54.9 new text begin fill the vacancy in nomination. The major political party may file a nomination certificate new text end 54.10 new text begin as provided in paragraph (a), no later than seven days after the general election. On the new text end 54.11 new text begin date of the general election, the county auditor or municipal clerk shall post a notice in new text end 54.12 new text begin each precinct affected by a vacancy in nomination under this paragraph, informing voters new text end 54.13 new text begin of the reason for the vacancy in nomination and the procedures for filling the vacancy in new text end 54.14 new text begin nomination and conducting a special election as required by this section. The secretary new text end 54.15 new text begin of state shall prepare and electronically distribute the notice to county auditors in each new text end 54.16 new text begin county affected by a vacancy in nomination. new text end 54.17    Sec. 3. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision 54.18to read: 54.19     new text begin Subd. 2a. new text end new text begin Partisan office; filing period. new text end new text begin A vacancy in nomination for a partisan new text end 54.20 new text begin office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may new text end 54.21 new text begin be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except new text end 54.22 new text begin that all documents and fees required by those sections must be filed within five days new text end 54.23 new text begin after the vacancy in nomination occurs. There must be a two-day period for withdrawal new text end 54.24 new text begin of candidates after the last day for filing. new text end 54.25 new text begin If there is more than one candidate at the end of the withdrawal period to fill new text end 54.26 new text begin the vacancy in nomination, the candidates' names must appear on the primary ballot. new text end 54.27 new text begin Otherwise, the candidate's name must appear on the general election ballot. new text end 54.28    Sec. 4. Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read: 54.29    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in 54.30nomination new text begin for a major political party new text end occurs in the race for governor, new text begin the political party new text end 54.31 new text begin must nominate the candidates for both governor and lieutenant governor. If a vacancy new text end 54.32 new text begin in nomination for a major political party occurs in the race for lieutenant governor, new text end 54.33 the candidate for governor determined under this section shall select the candidate for 54.34lieutenant governor. If a vacancy in nomination occurs in the race for lieutenant governor, 55.1due to a vacancy in nomination for governor or due to the withdrawal or death of the 55.2candidate for lieutenant governor, the candidate for governor shall select the candidate for 55.3lieutenant governor as provided in this subdivision. 55.4(b) For a vacancy in nomination new text begin for lieutenant governor new text end that occurs new text begin on or new text end before the 55.516th new text begin 79th new text end day before the general election, the name of the lieutenant governor candidate 55.6must be submitted by the governor candidate to the filing officer within seven days after 55.7the vacancy occurs, or before the 14th day before the general election, whichever is sooner 55.8 new text begin no later than 71 days before the general election new text end . If the vacancy in nomination occurs 55.9through the death or catastrophic illness of the candidate for lieutenant governor new text begin occurs new text end 55.10 new text begin after the 79th day before the general election new text end , the candidate for governor shall submit the 55.11name of the new lieutenant governor candidate to the secretary of state within seven days 55.12after the vacancy in nomination occurs but no later than four days before the general 55.13election. If the vacancy in nomination occurs through the death or catastrophic illness 55.14of the candidate for governor, the new candidate for governor shall submit the name of 55.15the lieutenant governor candidate within seven days after the vacancy in nomination for 55.16governor is filled under section 204B.13, subdivision 2, but no later than four days before 55.17the general election. new text begin occurs, but no changes may be made to the general election ballots. new text end 55.18 new text begin (c) When a vacancy in nomination for lieutenant governor occurs after the 79th day new text end 55.19 new text begin before the general election, the county auditor or municipal clerk shall post a notice in new text end 55.20 new text begin each precinct affected by the vacancy in nomination. The secretary of state shall prepare new text end 55.21 new text begin and electronically distribute the notice to county auditors. The county auditor must ensure new text end 55.22 new text begin that each precinct in the county receives the notice prior to the opening of the polls on new text end 55.23 new text begin election day. The notice must include: new text end 55.24 new text begin (1) a statement that there is a vacancy in nomination for lieutenant governor and the new text end 55.25 new text begin statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph new text end 55.26 new text begin (a), clauses (1) and (3); new text end 55.27 new text begin (2) a statement that the results for the governor and lieutenant governor will be new text end 55.28 new text begin counted and that no special election will be held for that race; and new text end 55.29 new text begin (3) a list of all candidates in the governor and lieutenant governor's race, listed in order new text end 55.30 new text begin of the base rotation. The listing of candidates shall include the name of the candidate to new text end 55.31 new text begin fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not new text end 55.32 new text begin yet been named, then the list must include the date by which the candidate will be named. new text end 55.33    Sec. 5. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision 55.34to read: 56.1     new text begin Subd. 7. new text end new text begin Date of special election. new text end new text begin If a special election is required under this section, new text end 56.2 new text begin the governor shall issue a writ calling for a special election to be conducted on the second new text end 56.3 new text begin Tuesday in February of the year following the year the vacancy in nomination occurred. new text end 56.4 new text begin Except where otherwise provided in this section, the writ shall be issued and the special new text end 56.5 new text begin election conducted according to the requirements of sections 204D.22 to 204D.27. new text end 56.6    Sec. 6. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision 56.7to read: 56.8     new text begin Subd. 8. new text end new text begin Absentee voters. new text end new text begin At least 46 days, but no more than 50 days, before a new text end 56.9 new text begin special election conducted under this section, the county auditor shall transmit an absentee new text end 56.10 new text begin ballot for the special election to each applicant for an absentee ballot whose application new text end 56.11 new text begin for an absentee ballot for the preceding general election was recorded under section new text end 56.12 new text begin 203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot new text end 56.13 new text begin in the manner specified in chapter 203B. new text end 56.14    Sec. 7. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision 56.15to read: 56.16     new text begin Subd. 9. new text end new text begin Appropriation. new text end new text begin In the case of a statewide special election under this new text end 56.17 new text begin section, the amount necessary is appropriated to the secretary of state to cover costs new text end 56.18 new text begin incurred by the state, county, and municipal governments to conduct the special election. new text end 56.19    Sec. 8. new text begin [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE. new text end 56.20     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin A vacancy in nomination for a nonpartisan office new text end 56.21 new text begin must be filled in the manner provided by this section. A vacancy in nomination for a new text end 56.22 new text begin nonpartisan office exists when: new text end 56.23 new text begin (1) a candidate for any nonpartisan office, for which one or two candidates filed, new text end 56.24 new text begin withdraws as provided in section 204B.12, subdivision 1; or new text end 56.25 new text begin (2) a candidate for any nonjudicial nonpartisan office, for which only one or two new text end 56.26 new text begin candidates filed or who was nominated at a primary, dies on or before the 79th day before new text end 56.27 new text begin the date of the general election. new text end 56.28     new text begin Subd. 2. new text end new text begin Procedure for filling vacancy. new text end new text begin A vacancy in nomination for a nonpartisan new text end 56.29 new text begin office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing new text end 56.30 new text begin an affidavit of candidacy and filing a petition in place of a filing fee, in the manner new text end 56.31 new text begin provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by new text end 56.32 new text begin this subdivision must be filed within five days after the vacancy in nomination occurs. new text end 56.33 new text begin There must be a two-day period for withdrawal of candidates after the last day for filing. new text end 57.1 new text begin If the vacancy in nomination resulted from a withdrawal during the withdrawal new text end 57.2 new text begin period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal new text end 57.3 new text begin period to fill the vacancy in nomination, there are more than two candidates, the new text end 57.4 new text begin candidates' names must appear on the primary ballot. In all other cases, the candidates' new text end 57.5 new text begin names must appear on the general election ballot. new text end 57.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 57.7    Sec. 9. Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision 57.8to read: 57.9     new text begin Subd. 6. new text end new text begin Writ when vacancy results from vacancy in nomination. new text end new text begin If a vacancy in new text end 57.10 new text begin office is due to a vacancy in nomination under section 204B.13, the governor shall issue a new text end 57.11 new text begin writ in the manner provided in that section. new text end 57.12    Sec. 10. new text begin REPEALER. new text end 57.13 new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13, new text end 57.14 new text begin subdivision 6, new text end new text begin are repealed. new text end 57.15 new text begin (b) new text end new text begin Minnesota Statutes 2012, section 204B.13, subdivision 4, new text end new text begin is repealed. new text end 57.16    Sec. 11. new text begin EFFECTIVE DATE. new text end 57.17 new text begin This article is effective the day following final enactment and applies to vacancies in new text end 57.18 new text begin nomination occurring on or after that date. new text end " 57.19Delete the title and insert: 57.20"A bill for an act 57.21relating to elections; making policy, technical, and clarifying changes to 57.22various provisions related to election law, including provisions related to 57.23absentee voting, redistricting, ballots, registration, voting, caucuses, candidates, 57.24recounts, campaigns, voting rights, voting data, vacancies in nomination, 57.25and election administration; providing an electronic roster pilot project and 57.26task force; requiring reports; appropriating money;amending Minnesota 57.27Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision 57.283; 103C.305, subdivision 3; 103C.311, subdivision 2; 123A.48, subdivision 57.2914; 201.061, subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 57.30201.12, subdivision 3; 201.13, subdivision 1a; 201.14; 201.157; 201.275; 57.31202A.14, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 5; 57.32203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.08, subdivision 3; 57.33203B.081; 203B.121, subdivisions 1, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04, 57.34by adding a subdivision; 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 57.35204B.18, subdivision 2; 204B.22, subdivision 1; 204B.28, subdivision 1; 57.36204B.32, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.36, subdivision 57.371; 204B.45, subdivisions 1, 2; 204B.46; 204C.14; 204C.15, subdivision 1; 57.38204C.19, subdivision 2; 204C.25; 204C.27; 204C.35, subdivision 1, by adding 57.39a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 6; 204D.09, 57.40subdivision 2; 204D.11, subdivisions 1, 4, 5, 6; 204D.13, subdivision 3; 57.41204D.14, subdivisions 1, 3; 204D.15, subdivision 3; 204D.16; 204D.165; 58.1204D.19, subdivision 2, by adding a subdivision; 205.02, subdivision 2; 205.10, 58.2subdivision 3; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205.17, 58.3subdivisions 1, 3; 205A.04, by adding a subdivision; 205A.05, subdivisions 58.41, 2; 205A.07, subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.57, by 58.5adding a subdivision; 206.61, subdivision 4; 206.89, subdivision 2, by adding 58.6a subdivision; 206.90, subdivision 6; 208.04, subdivisions 1, 2; 211B.045; 58.7211B.37; 241.065, subdivision 2; 340A.416, subdivisions 2, 3; 340A.602; 58.8375.20; 447.32, subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, 58.9subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, 58.10chapters 2; 204B; repealing Minnesota Statutes 2012, sections 2.444; 2.484; 58.11203B.04, subdivision 6; 204B.12, subdivision 2a; 204B.13, subdivisions 4, 58.126; 204B.22, subdivision 2; 204B.42; 204D.11, subdivisions 2, 3; 205.17, 58.13subdivisions 2, 4; 205A.08, subdivision 4." 59.1 We request the adoption of this report and repassage of the bill. 59.2 House Conferees: 59.3 ..... ..... 59.4 Steve Simon Laurie Halverson 59.5 ..... 59.6 Tim Sanders 59.7 Senate Conferees: 59.8 ..... ..... 59.9 Katie Sieben Scott J. Newman 59.10 ..... 59.11 Kent Eken