SF 455

1st Unofficial Engrossment - 89th Legislature (2015 - 2016)

Posted on 05/16/2015 08:05 p.m.

1.1A bill for an act 1.2relating to elections; modifying various provisions related to elections 1.3administration, including provisions related to school boards, voters, ballots, 1.4registration, violations, absentee ballots, candidates, vacancies, recounts, 1.5filing fees, and precincts; modifying military and overseas absentee voting 1.6provisions; providing the Uniform Faithful Presidential Electors Act; making 1.7various technical changes;amending Minnesota Statutes 2014, sections 123B.09, 1.8subdivision 1; 200.02, subdivisions 7, 23, by adding subdivisions; 201.071, 1.9subdivision 1; 201.158; 201.275; 203B.01, subdivision 3; 203B.07, subdivision 1.101; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 203B.16, subdivisions 1, 1.112; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 204B.07, subdivision 2; 1.12204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1; 204B.19, subdivisions 2, 1.136; 204B.36, subdivisions 1, 2, 3, 4; 204B.44; 204B.45, subdivision 2; 204C.04, 1.14subdivision 2; 204C.08, subdivision 1d; 204C.13, subdivisions 2, 3, 5; 204C.22, 1.15subdivisions 3, 4, 7, 10; 204C.35, subdivisions 1, 2; 204C.36, subdivisions 1, 1.162; 204C.40, subdivision 2; 204D.11, subdivision 4; 204D.27, subdivision 11; 1.17205.13, subdivision 3; 206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, 1.18subdivision 2; 209.021, subdivisions 2, 3; 209.09, subdivision 2; 365.22, 1.19subdivisions 2, 3; 367.31, subdivision 4; 368.85, subdivision 4; 376.04; 412.551, 1.20subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 208; 1.21repealing Minnesota Statutes 2014, sections 204C.13, subdivision 4; 208.07; 1.22208.08; 383A.555. 1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24ARTICLE 1 1.25ELECTION ADMINISTRATION 1.26    Section 1. Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read: 1.27    Subdivision 1. School board membership. The care, management, and control of 1.28independent districts is vested in a board of directors, to be known as the school board. 1.29The term of office of a member shall be four years commencing on the first Monday in 1.30January and until a successor qualifies. The membership of the board shall consist of six 1.31elected directors together with such ex officio member as may be provided by law. The 2.1board may submit to the electors at any school election the question whether the board 2.2shall consist of seven members. If a majority of those voting on the proposition favor a 2.3seven-member board, a seventh member shall be elected at the next election of directors 2.4for a four-year term and thereafter the board shall consist of seven members. 2.5Those districts with a seven-member board may submit to the electors at any school 2.6election at least 150 days before the next election of three members of the board the 2.7question whether the board shall consist of six members. If a majority of those voting on 2.8the proposition favor a six-member board instead of a seven-member board, two new text begin three new text end 2.9members instead of three new text begin four new text end members shall be elected at the next election of the board of 2.10directors and thereafter the board shall consist of six members. 2.11    Sec. 2. Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read: 2.12    Subd. 7. Major political party. (a) "Major political party" means a political party 2.13that maintains a party organization in the state, political division or precinct in question 2.14and that has presented at least one candidate for election to the office of: 2.15(1) governor and lieutenant governor, secretary of state, state auditor, or attorney 2.16general at the last preceding state general election for those offices; or 2.17(2) presidential elector or U.S. senator at the last preceding state general election for 2.18presidential electors; and 2.19whose candidate received votes in each county in that election and received votes 2.20from not less than five percent of the total number of individuals who voted in that election. 2.21(b) "Major political party" also means a political party that maintains a party 2.22organization in the state, political subdivision, or precinct in question and that has 2.23presented at least 45 candidates for election to the office of state representative, 23 2.24candidates for election to the office of state senator, four candidates for election to 2.25the office of representative in Congress, and one candidate for election to each of the 2.26following offices: governor and lieutenant governor, attorney general, secretary of state, 2.27and state auditor, at the last preceding state general election for those offices. 2.28(c) "Major political party" also means a political party that maintains a party 2.29organization in the state, political subdivision, or precinct in question and whose members 2.30present to the secretary of state at any time before the close of filing for the state partisan 2.31primary ballot a petition for a place on the state partisan primary ballot, which petition 2.32contains new text begin valid new text end signatures of a number of the party members equal to at least five percent 2.33of the total number of individuals who voted in the preceding state general election. new text begin A new text end 2.34 new text begin signature is valid only if signed no more than one year prior to the date the petition was filed. new text end 3.1(d) A political party whose candidate receives a sufficient number of votes at a state 3.2general election described in paragraph (a) or a political party that presents candidates at 3.3an election as required by paragraph (b) becomes a major political party as of January 3.41 following that election and retains its major party status for at least two state general 3.5elections even if the party fails to present a candidate who receives the number and 3.6percentage of votes required under paragraph (a) or fails to present candidates as required 3.7by paragraph (b) at subsequent state general elections. 3.8(e) A major political party whose candidates fail to receive the number and 3.9percentage of votes required under paragraph (a) and that fails to present candidates as 3.10required by paragraph (b) at each of two consecutive state general elections described by 3.11paragraph (a) or (b), respectively, loses major party status as of December 31 following 3.12the later of the two consecutive state general elections. 3.13    Sec. 3. Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read: 3.14    Subd. 23. Minor political party. (a) "Minor political party" means a political party 3.15that has adopted a state constitution, designated a state party chair, held a state convention 3.16in the last two years, filed with the secretary of state no later than December 31 following 3.17the most recent state general election a certification that the party has met the foregoing 3.18requirements, and met the requirements of paragraph (b) or (e), as applicable. 3.19(b) To be considered a minor party in all elections statewide, the political party must 3.20have presented at least one candidate for election to the office of: 3.21(1) governor and lieutenant governor, secretary of state, state auditor, or attorney 3.22general, at the last preceding state general election for those offices; or 3.23(2) presidential elector or U.S. senator at the preceding state general election for 3.24presidential electors; and 3.25 new text begin (3) new text end who received votes in each county that in the aggregate equal at least one percent 3.26of the total number of individuals who voted in the election, or its members must have 3.27presented to the secretary of state at any time before the close of filing for the state 3.28partisan primary ballot a nominating petition in a form prescribed by the secretary of state 3.29containing the new text begin valid new text end signatures of party members in a number equal to at least one percent 3.30of the total number of individuals who voted in the preceding state general election. new text begin A new text end 3.31 new text begin signature is valid only if signed no more than one year prior to the date the petition was filed. new text end 3.32(c) A political party whose candidate receives a sufficient number of votes at a 3.33state general election described in paragraph (b) becomes a minor political party as of 3.34January 1 following that election and retains its minor party status for at least two state 4.1general elections even if the party fails to present a candidate who receives the number 4.2and percentage of votes required under paragraph (b) at subsequent state general elections. 4.3(d) A minor political party whose candidates fail to receive the number and 4.4percentage of votes required under paragraph (b) at each of two consecutive state general 4.5elections described by paragraph (b) loses minor party status as of December 31 following 4.6the later of the two consecutive state general elections. 4.7(e) A minor party that qualifies to be a major party loses its status as a minor party 4.8at the time it becomes a major party. Votes received by the candidates of a major party 4.9must be counted in determining whether the party received sufficient votes to qualify as a 4.10minor party, notwithstanding that the party does not receive sufficient votes to retain its 4.11major party status. To be considered a minor party in an election in a legislative district, 4.12the political party must have presented at least one candidate for a legislative office in that 4.13district who received votes from at least ten percent of the total number of individuals 4.14who voted for that office, or its members must have presented to the secretary of state a 4.15nominating petition in a form prescribed by the secretary of state containing the new text begin valid new text end 4.16signatures of party members in a number equal to at least ten percent of the total number of 4.17individuals who voted in the preceding state general election for that legislative office. new text begin A new text end 4.18 new text begin signature is valid only if signed no more than one year prior to the date the petition was filed. new text end 4.19    Sec. 4. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision 4.20to read: 4.21     new text begin Subd. 27. new text end new text begin Partisan offices. new text end new text begin "Partisan offices" means federal offices, presidential new text end 4.22 new text begin electors, constitutional offices, and legislative offices. new text end 4.23    Sec. 5. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision 4.24to read: 4.25     new text begin Subd. 28. new text end new text begin Nonpartisan offices. new text end new text begin "Nonpartisan offices" means all judicial, county, new text end 4.26 new text begin municipal, school district, and special district offices. new text end 4.27    Sec. 6. Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read: 4.28    Subdivision 1. Form. Both paper and electronic voter registration applications must 4.29contain the same information unless otherwise provided by law. A voter registration 4.30application must contain spaces for the following required information: voter's first name, 4.31middle name, and last name; voter's previous name, if any; voter's current address; voter's 4.32previous address, if any; voter's date of birth; voter's municipality and county of residence; 4.33voter's telephone number, if provided by the voter; date of registration; current and valid 5.1Minnesota driver's license number or Minnesota state identification number, or if the voter 5.2has no current and valid Minnesota driver's license or Minnesota state identification, the 5.3last four digits of the voter's Social Security number; and voter's signature. The paper 5.4registration application may include the voter's e-mail address, if provided by the voter. 5.5The electronic voter registration application must include the voter's e-mail address. The 5.6registration application may include the voter's interest in serving as an election judge, 5.7if indicated by the voter. The application must also contain the following certification 5.8of voter eligibility: 5.9"I certify that I: 5.10(1) will be at least 18 years old on election day; 5.11(2) am a citizen of the United States; 5.12(3) will have resided in Minnesota for 20 days immediately preceding election day; 5.13(4) maintain residence at the address given on the registration form; 5.14(5) am not under court-ordered guardianship in which the court order revokes my 5.15right to vote; 5.16(6) have not been found by a court to be legally incompetent to vote; 5.17(7) have the right to vote because, if I have been convicted of a felony, my felony 5.18sentence has expired (been completed) or I have been discharged from my sentence; and 5.19(8) have read and understand the following statement: that giving false information 5.20is a felony punishable by not more than five years imprisonment or a fine of not more 5.21than $10,000, or both." 5.22The certification must include boxes for the voter to respond to the following 5.23questions: 5.24"(1) Are you a citizen of the United States?" and 5.25"(2) Will you be 18 years old on or before election day?" 5.26And the instruction: 5.27"If you checked 'no' to either of these questions, do not complete this form." 5.28A paper voter registration application must be of suitable size and weight for 5.29mailing. The form of the voter registration application and the certification of voter 5.30eligibility must be as provided in this subdivision and approved by the secretary of state. 5.31Voter registration forms authorized by the National Voter Registration Act must also be 5.32accepted as valid. The federal postcard application form must also be accepted as valid if 5.33it is not deficient and the voter is eligible to register in Minnesota. 5.34An individual may use a voter registration application to apply to register to vote in 5.35Minnesota or to change information on an existing registration. 6.1    Sec. 7. Minnesota Statutes 2014, section 201.158, is amended to read: 6.2201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA. 6.3As required by the Help America Vote Act of 2002, Public Law 107-252, the 6.4commissioner of public safety shall make electronic data on citizenship available to the 6.5secretary of state. The secretary of state must determine whether the data newly indicates 6.6that any individuals who have active records in the statewide voter registration system 6.7are not citizens. The secretary of state shall prepare a list of those voters for each county 6.8auditor new text begin at least monthly new text end . The county auditor shall change the status of those registrants in 6.9the statewide voter registration system to reflect that they are challenged based upon their 6.10citizenship and must notify the county attorney. 6.11In 2010, the secretary of state must make the determination and provide lists 6.12to the county auditors between 30 and 60 days before the general election and again 6.13between six and ten weeks after the election. In 2011, the secretary of state must make 6.14this determination again as part of the annual list maintenance. By August 1, 2012, the 6.15secretary of state must provide electronic lists to the counties at least monthly. 6.16    Sec. 8. Minnesota Statutes 2014, section 201.275, is amended to read: 6.17201.275 INVESTIGATIONS; PROSECUTIONS. 6.18 new text begin (a) new text end A law enforcement agency that is notified by affidavit of an alleged violation of 6.19this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation 6.20of this chapter, a county attorney shall promptly forward it to a law enforcement agency 6.21with jurisdiction for investigation. If there is probable cause for instituting a prosecution, 6.22the county attorney shall proceed by complaint or present the charge, with whatever 6.23evidence has been found, to the grand jury new text begin according to the generally applicable standards new text end 6.24 new text begin regarding the prosecutorial functions and duties of a county attorney, provided that new text end 6.25 new text begin the county attorney is not required to proceed with the prosecution if the complainant new text end 6.26 new text begin withdraws the allegation new text end . A county attorney who refuses or intentionally fails to faithfully 6.27perform this or any other duty imposed by this chapter is guilty of a misdemeanor and 6.28upon conviction shall forfeit office. The county attorney, under the penalty of forfeiture of 6.29office, shall prosecute all violations of this chapter except violations of this section; if, 6.30however, a complainant withdraws an allegation under this chapter, the county attorney is 6.31not required to proceed with the prosecution. 6.32 new text begin (b) Willful violation of this chapter by any public employee constitutes just cause for new text end 6.33 new text begin suspension without pay or dismissal of the public employee. new text end 6.34 new text begin (c) new text end Where the matter relates to a voter registration application submitted 6.35electronically through the secure Web site established in section 201.061, subdivision 1, 7.1alleged violations of this chapter may be investigated and prosecuted in the county in 7.2which the individual registered or attempted to register. 7.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.4    Sec. 9. Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read: 7.5    Subdivision 1. Delivery of envelopes, directions. The county auditor or the 7.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 7.7a copy of the directions for casting an absentee ballot to each applicant whose application 7.8for absentee ballots is accepted pursuant to section 203B.04. The county auditor or 7.9municipal clerk shall provide first class postage for the return envelope. The directions 7.10for casting an absentee ballot shall be printed in at least 14-point bold type with heavy 7.11leading and may be printed on the ballot envelope. When a person requests the directions 7.12in Braille or on cassette tape new text begin audio file new text end , the county auditor or municipal clerk shall provide 7.13them in the form requested. The secretary of state shall prepare Braille and cassette new text begin audio new text end 7.14 new text begin file new text end copies and make them available. 7.15    When a voter registration application is sent to the applicant as provided in section 7.16203B.06, subdivision 4 , the directions or registration application shall include instructions 7.17for registering to vote. 7.18    Sec. 10. Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read: 7.19    Subdivision 1. Marking and return by voter. An eligible voter who receives 7.20absentee ballots as provided in this chapter shall mark them in the manner specified in the 7.21directions for casting the absentee ballots. The return envelope containing marked ballots 7.22may be mailed as provided in the directions for casting the absentee ballots or may be 7.23left with the county auditor or municipal clerk who transmitted the absentee ballots to the 7.24voter. If delivered in person by an agent, the return envelope must be submitted to the 7.25county auditor or municipal clerk by 3:00 p.m. on election day. 7.26The voter may designate an agent to deliver in person the sealed absentee ballot 7.27return envelope to the county auditor or municipal clerk or to deposit the return envelope 7.28in the mail. An agent may deliver or mail the return envelopes of not more than three 7.29voters in any election. Any person designated as an agent who tampers with either the 7.30return envelope or the voted ballots or does not immediately mail or deliver the return 7.31envelope to the county auditor or municipal clerk is guilty of a misdemeanor. 7.32    Sec. 11. Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read: 8.1    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 8.2county auditor or municipal clerk, that official shall stamp or initial and date the return 8.3envelope and place it in a secure location with other return envelopes received by that 8.4office. Within five days after receipt, the county auditor or municipal clerk shall deliver to 8.5the ballot board all ballots received, except that during the 14 days immediately preceding 8.6an election, the county auditor or municipal clerk shall deliver all ballots received to the 8.7ballot board within three days. Ballots received on election day either (1) after 3:00 p.m., 8.8if delivered by an agent new text begin in person new text end ; or (2) after the last mail delivery new text begin 8 p.m. new text end , if delivered by 8.9another method new text begin mail or a package delivery service new text end , shall be marked as received late by the 8.10county auditor or municipal clerk, and must not be delivered to the ballot board. 8.11    Sec. 12. Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read: 8.12    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot 8.13board shall take possession of all return envelopes delivered to them in accordance with 8.14section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district 8.15clerk, two or more members of the ballot board shall examine each return envelope and 8.16shall mark it accepted or rejected in the manner provided in this subdivision. Election 8.17judges performing the duties in this section must be of different major political parties, 8.18unless they are exempt from that requirement under section 205.075, subdivision 4, or 8.19section 205A.10, subdivision 2. 8.20(b) The members of the ballot board shall mark the return envelope "Accepted" and 8.21initial or sign the return envelope below the word "Accepted" if a majority of the members 8.22of the ballot board examining the envelope are satisfied that: 8.23(1) the voter's name and address on the return envelope are the same as the 8.24information provided on the absentee ballot application; 8.25(2) the voter signed the certification on the envelope; 8.26(3) the voter's Minnesota driver's license, state identification number, or the last four 8.27digits of the voter's Social Security number are the same as the new text begin a new text end number provided on the 8.28voter's new text begin absentee ballot new text end application for ballots new text begin or voter record new text end . If the number does not 8.29match the number as submitted on the application, or if a number was not submitted on 8.30the application, the election judges must compare the signature provided by the applicant 8.31to determine whether the ballots were returned by the same person to whom they were 8.32transmitted; 8.33(4) the voter is registered and eligible to vote in the precinct or has included a 8.34properly completed voter registration application in the return envelope; 9.1(5) the certificate has been completed as prescribed in the directions for casting an 9.2absentee ballot; and 9.3(6) the voter has not already voted at that election, either in person or, if it is after the 9.4close of business on the seventh day before the election, by absentee ballot. 9.5The return envelope from accepted ballots must be preserved and returned to the 9.6county auditor. 9.7(c)(1) If a majority of the members of the ballot board examining a return envelope 9.8find that an absentee voter has failed to meet one of the requirements provided in 9.9paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the 9.10word "Rejected," list the reason for the rejection on the envelope, and return it to the 9.11county auditor. There is no other reason for rejecting an absentee ballot beyond those 9.12permitted by this section. Failure to place the ballot within the security envelope before 9.13placing it in the outer white envelope is not a reason to reject an absentee ballot. 9.14(2) If an envelope has been rejected at least five days before the election, the 9.15envelope must remain sealed and the official in charge of the ballot board shall provide the 9.16voter with a replacement absentee ballot and return envelope in place of the rejected ballot. 9.17(3) If an envelope is rejected within five days of the election, the envelope must 9.18remain sealed and the official in charge of the ballot board must attempt to contact the 9.19voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 9.20The official must document the attempts made to contact the voter. 9.21(d) The official in charge of the absentee ballot board must mail the voter a written 9.22notice of absentee ballot rejection between six and ten weeks following the election. If the 9.23official determines that the voter has otherwise cast a ballot in the election, no notice is 9.24required. If an absentee ballot arrives after the deadline for submission provided by this 9.25chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A 9.26notice of absentee ballot rejection must contain the following information: 9.27(1) the date on which the absentee ballot was rejected or, if the ballot was received 9.28after the required deadline for submission, the date on which the ballot was received; 9.29(2) the reason for rejection; and 9.30(3) the name of the appropriate election official to whom the voter may direct further 9.31questions, along with appropriate contact information. 9.32(e) An absentee ballot return envelope marked "Rejected" may not be opened or 9.33subject to further review except in an election contest filed pursuant to chapter 209. 9.34    Sec. 13. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read: 10.1    Subdivision 1. Submission of application. (a) An application for absentee ballots 10.2for a voter described in section 203B.16 must be in writing and may be submitted in 10.3person, by mail, by electronic facsimile device, by electronic mail, or electronically 10.4through a secure Web site that shall be maintained by the secretary of state for this 10.5purpose, upon determination by the secretary of state that security concerns have been 10.6adequately addressed. An application for absentee ballots for a voter described in section 10.7203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or 10.8child over the age of 18 years. For purposes of an application under this subdivision, a 10.9person's Social Security number, no matter how it is designated, qualifies as the person's 10.10military identification number if the person is in the military. 10.11(b) An application for a voter described in section 203B.16, subdivision 1, shall be 10.12submitted to the county auditor of the county where the voter maintains residence or 10.13through the secure Web site maintained by the secretary of state. 10.14(c) An application for a voter described in section 203B.16, subdivision 2, shall be 10.15submitted to the county auditor of the county where the voter last maintained residence in 10.16Minnesota or through the secure Web site maintained by the secretary of state. 10.17(d) An application for absentee ballots shall be valid for any primary, special 10.18primary, general election, or special election from the time the application is received 10.19through the end of that calendar year. 10.20(e) There shall be no limitation of time for filing and receiving applications for 10.21ballots under sections 203B.16 to 203B.27. 10.22    Sec. 14. Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read: 10.23    Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must 10.24state a telephone number where the candidate can be contacted. An affidavit must also 10.25state the candidate's address of residence as determined under section 200.031, or at the 10.26candidate's request in accordance with paragraph (c), the candidate's campaign contact 10.27address. The form for the affidavit of candidacy must allow the candidate to request, if 10.28eligible, that the candidate's address of residence be classified as private data, and to 10.29provide the certification required under paragraph (c) for classification of that address. 10.30(b) For an office whose residency requirement must be satisfied by the close of the 10.31filing period, a registered voter in this state may request in writing that the filing officer 10.32receiving the affidavit of candidacy review the address as provided in this paragraph, at 10.33any time up to one day after the last day for filing for office. If requested, the filing officer 10.34must determine whether the address provided in the affidavit of candidacy is within the 10.35area represented by the office the candidate is seeking. If the filing officer determines 11.1that the address is not within the area represented by the office, the filing officer must 11.2immediately notify the candidate and the candidate's name must be removed from the 11.3ballot for that office. A determination made by a filing officer under this paragraph is 11.4subject to judicial review under section 204B.44. 11.5(c) If the candidate requests that the candidate's address of residence be classified 11.6as private data, the candidate must list the candidate's address of residence on a separate 11.7form to be attached to the affidavit. The candidate must also certify on the affidavit that 11.8a police report has been submitted or an order for protection has been issued in regard 11.9to the safety of the candidate or the candidate's family new text begin , or that the candidate's address is new text end 11.10 new text begin otherwise private pursuant to Minnesota law new text end . The address of residence provided by a 11.11candidate who makes a request for classification on the candidate's affidavit of candidacy 11.12and provides the certification required by this paragraph is classified as private data, 11.13as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer 11.14as provided in this subdivision. 11.15(d) The requirements of this subdivision do not apply to affidavits of candidacy for a 11.16candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. 11.17    Sec. 15. Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read: 11.18    Subdivision 1. Partisan office. (a) A vacancy in nomination for a partisan office 11.19must be filled in the manner provided by this section. A vacancy in nomination exists 11.20for a partisan office when a major political party candidate who has been nominated in 11.21accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1: 11.22(1) dies; 11.23(2) withdraws as provided in section 204B.12, subdivision 1; or 11.24(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), 11.25at least one day prior to the general election with the same official who received the 11.26affidavit of candidacy new text begin ; or new text end 11.27 new text begin (3) is determined to be ineligible to hold the office the candidate is seeking, pursuant new text end 11.28 new text begin to a court order issued under section 204B.44 new text end . 11.29(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that 11.30the candidate has been diagnosed with a catastrophic illness that will permanently and 11.31continuously incapacitate the candidate and prevent the candidate from performing the 11.32duties of the office sought, if elected. The affidavit must be accompanied by a certificate 11.33verifying the candidate's illness meets the requirements of this paragraph, signed by at 11.34least two licensed physicians. The affidavit and certificate may be filed by the candidate 11.35or the candidate's legal guardian. 12.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, new text end 12.2 new text begin and applies to elections for which the candidate withdrawal period under section 204B.12, new text end 12.3 new text begin subdivision 1, occurs on or after that date. new text end 12.4    Sec. 16. Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read: 12.5    Subd. 2. Partisan office; nomination by party; special election. (a) Except as 12.6provided in subdivision 5, a major political party may fill a vacancy in nomination of 12.7that party's candidate as defined in subdivision 1, clause (1) or new text begin , (2), or new text end (3), by filing one 12.8nomination certificate with the same official who received the affidavits of candidacy 12.9for that office. 12.10A major political party may provide in its governing rules a procedure, including 12.11designation of an appropriate committee, to fill a vacancy in nomination for any federal or 12.12state partisan office. The nomination certificate shall be prepared under the direction of 12.13and executed by the chair and secretary of the political party and filed within the timelines 12.14established in this section. When filing the certificate the chair and secretary shall attach 12.15an affidavit stating that the newly nominated candidate has been selected under the rules 12.16of the party and that the individuals signing the certificate and making the affidavit are the 12.17chair and secretary of the party. 12.18(b) In the case of a vacancy in nomination for partisan office that occurs on or before 12.19the 79th day before the general election, the major political party must file the nomination 12.20certificate no later than 71 days before the general election. The name of the candidate 12.21nominated by the party must appear on the general election ballot. 12.22(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for 12.23a partisan office that occurs after the 79th day before the general election, the general 12.24election ballot shall remain unchanged, but the county and state canvassing boards must 12.25not certify the vote totals for that office from the general election, and the office must be 12.26filled at a special election held in accordance with this section. Except for the vacancy 12.27in nomination, all other candidates whose names appeared on the general election ballot 12.28for the office must appear on the special election ballot for the office. New affidavits of 12.29candidacy or nominating petitions may not be accepted, and there must not be a primary to 12.30fill the vacancy in nomination. The major political party may file a nomination certificate 12.31as provided in paragraph (a) no later than seven days after the general election. On the 12.32date of the general election, the county auditor or municipal clerk shall post a notice in 12.33each precinct affected by a vacancy in nomination under this paragraph, informing voters 12.34of the reason for the vacancy in nomination and the procedures for filling the vacancy in 12.35nomination and conducting a special election as required by this section. The secretary 13.1of state shall prepare and electronically distribute the notice to county auditors in each 13.2county affected by a vacancy in nomination. 13.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.4    Sec. 17. Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read: 13.5    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in 13.6nomination for a major political party occurs in the race for governor, the political party 13.7must nominate the candidates for both governor and lieutenant governor. If a vacancy 13.8in nomination for a major political party occurs in the race for lieutenant governor, the 13.9candidate for governor shall select the candidate for lieutenant governor. 13.10(b) For a vacancy in nomination for lieutenant governor that occurs on or before the 13.1179th day before the general election, the name of the lieutenant governor candidate must 13.12be submitted by the governor candidate to the filing officer no later than 71 days before 13.13the general election. If the vacancy in nomination for lieutenant governor occurs after the 13.1479th day before the general election, the candidate for governor shall submit the name of 13.15the new lieutenant governor candidate to the secretary of state within seven days after the 13.16vacancy in nomination occurs, but no changes may be made to the general election ballots. 13.17(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day 13.18before the general election, the county auditor or municipal clerk shall post a notice in 13.19each precinct affected by the vacancy in nomination. The secretary of state shall prepare 13.20and electronically distribute the notice to county auditors. The county auditor must ensure 13.21that each precinct in the county receives the notice prior to the opening of the polls on 13.22election day. The notice must include: 13.23(1) a statement that there is a vacancy in nomination for lieutenant governor and the 13.24statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph 13.25(a), clauses (1) and new text begin , (2), or new text end (3); 13.26(2) a statement that the results for the governor and lieutenant governor will be 13.27counted and that no special election will be held for that race; and 13.28(3) a list of all candidates in the governor and lieutenant governor's race, listed in order 13.29of the base rotation. The listing of candidates shall include the name of the candidate to 13.30fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not 13.31yet been named, then the list must include the date by which the candidate will be named. 13.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.33    Sec. 18. Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read: 14.1    Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office 14.2must be filled in the manner provided by this section. A vacancy in nomination for a 14.3nonpartisan office exists when: 14.4(1) a candidate for any nonpartisan office, for which one or two candidates filed, 14.5withdraws as provided in section 204B.12, subdivision 1; or 14.6 new text begin (2) a candidate for any nonpartisan office, for which one or two candidates filed, new text end 14.7 new text begin is determined to be ineligible to hold the office the candidate is seeking, pursuant to a new text end 14.8 new text begin court order issued under section 204B.44; or new text end 14.9(2) new text begin (3) new text end a candidate for any nonjudicial nonpartisan office, for which only one or two 14.10candidates filed or who was nominated at a primary, dies on or before the 79th day before 14.11the date of the general election. 14.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.13    Sec. 19. Minnesota Statutes 2014, section 204B.19, subdivision 2, is amended to read: 14.14    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in 14.15paragraph (b), no individual shall be appointed as an election judge for any precinct if 14.16that individual: 14.17(1) is unable to read, write, or speak the English language; 14.18(2) is the spouse; parent, including a stepparent; child, including a stepchild; or 14.19sibling, including a stepsibling; of any election judge serving in the same precinct or of 14.20any candidate at that election; or 14.21(3) new text begin is domiciled, either permanently or temporarily, with any candidate on the ballot new text end 14.22 new text begin at that election; or new text end 14.23 new text begin (4) new text end is a candidate at that election. 14.24(b) Individuals who are related to each other as provided in paragraph (a), clause (2), 14.25may serve as election judges in the same precinct, provided that they serve on separate 14.26shifts that do not run concurrently. 14.27    Sec. 20. Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read: 14.28    Subd. 6. High school students. Notwithstanding any other requirements of this 14.29section, a student enrolled in a high school in Minnesota or who is in a home school 14.30in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is 14.31eligible to be appointed as a without party affiliation trainee election judge in the county in 14.32which the student resides new text begin , or a county adjacent to the county in which the student resides new text end . 14.33The student must meet qualifications for trainee election judges specified in rules of the 14.34secretary of state. A student appointed as a trainee election judge may be excused from 15.1school attendance during the hours that the student is serving as a trainee election judge 15.2if the student submits a written request signed and approved by the student's parent or 15.3guardian to be absent from school and a certificate from the appointing authority stating 15.4the hours during which the student will serve as a trainee election judge to the principal of 15.5the school at least ten days prior to the election. Students shall not serve as trainee election 15.6judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election 15.7judges may be paid not less than two-thirds of the minimum wage for a large employer. 15.8The principal of the school may approve a request to be absent from school conditioned 15.9on acceptable academic performance at the time of service as a trainee election judge. 15.10    Sec. 21. Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read: 15.11    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient 15.12thickness to prevent the printing from being discernible from the back. All ballots shall be 15.13printed in easily readable type with suitable lines dividing candidates, offices, instructions 15.14and other matter printed on ballots. The name of each candidate shall be printed in capital 15.15letters. The same type shall be used for the names of all candidates on the same ballot. 15.16    Sec. 22. Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read: 15.17    Subd. 2. Candidates and offices. The name of each candidate shall be printed at a 15.18right angle to the length of the ballot. At a general election the name of the political party 15.19or the political principle of each candidate for partisan office shall be printed above or 15.20below the name of the candidate. The name of a political party or a political principle 15.21shall be printed in capital and lowercase letters of the same type, with the capital letters 15.22at least one-half the height of the capital letters used for names of the candidates. At a 15.23general election, blank lines containing the words "write-in, if any" shall be printed below 15.24the name of the last candidate for each office, or below the title of the office if no candidate 15.25has filed for that office, so that a voter may write in the names of individuals whose names 15.26are not on the ballot. One blank line shall be printed for each officer of that kind to be 15.27elected. At a primary election, no blank lines shall be provided for writing in the names of 15.28individuals whose names do not appear on the primary ballot. 15.29On the left side of the ballot at the same level with the name of each candidate and 15.30each blank line shall be printed a square new text begin an oval or similar target shape new text end in which the 15.31voter may designate a vote by a mark (X) new text begin filling in the oval or similar mark if a different new text end 15.32 new text begin target shape is used new text end . Each square shall be the same size. Above the first name on each 15.33ballot shall be printed the words, "Put an (X) in the square opposite the name of each 15.34candidate you wish to vote for." At the same level with these words and directly above 16.1the squares shall be printed a small arrow pointing downward new text begin instructions for voting new text end . 16.2Directly underneath the official title of each office shall be printed the words "Vote for 16.3one" or "Vote for up to ..." (any greater number to be elected). 16.4    Sec. 23. Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read: 16.5    Subd. 3. Question; form of ballot. When a question is to be submitted to a vote, a 16.6concise statement of the nature of the question shall be printed on the ballot. The words, 16.7"YES" new text begin "Yes" new text end and "NO" new text begin "No" new text end shall be printed to the left of this statement, with a square 16.8 new text begin an oval or similar target shape new text end to the left of each word so that the voter may indicate by 16.9a mark (X) either a negative or affirmative vote. The ballot shall include instructions 16.10directing the voter to put an (X) in the square new text begin fill in the oval or similar mark if a different new text end 16.11 new text begin target shape is used new text end before the word "YES" new text begin "Yes" new text end if the voter desires to vote for the 16.12question, or to put an (X) new text begin fill in the oval or similar mark if a different target shape is used new text end 16.13before the word "NO" new text begin "No" new text end if the voter desires to vote against the question. 16.14    Sec. 24. Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read: 16.15    Subd. 4. Judicial candidates. The official ballot shall contain the names of all 16.16candidates for each judicial office and shall state the number of those candidates for 16.17whom a voter may vote. Each seat for an associate justice, associate judge, or judge of 16.18the district court must be numbered. The words "SUPREME COURT," "COURT OF 16.19APPEALS," new text begin "Supreme Court," "Court of Appeals," new text end and "(number) DISTRICT COURT" 16.20 new text begin "(number) District Court" new text end must be printed above the respective judicial office groups on 16.21the ballot. The title of each judicial office shall be printed on the official primary and 16.22general election ballot as follows: 16.23(a) In the case of the Supreme Court: 16.24"Chief justice"; 16.25"Associate justice (number)"; 16.26(b) In the case of the Court of Appeals: 16.27"Judge (number)"; or 16.28(c) In the case of the district court: 16.29"Judge (number)." 16.30    Sec. 25. Minnesota Statutes 2014, section 204B.44, is amended to read: 16.31204B.44 ERRORS AND OMISSIONS; REMEDY. 17.1Any individual may file a petition in the manner provided in this section for the 17.2correction of any of the following errors, omissions, or wrongful acts which have occurred 17.3or are about to occur: 17.4(a) an error or omission in the placement or printing of the name or description of 17.5any candidate or any question on any official ballot new text begin , including the placement of a candidate new text end 17.6 new text begin on the official ballot who is not eligible to hold the office for which the candidate has filed new text end ; 17.7(b) any other error in preparing or printing any official ballot; 17.8(c) failure of the chair or secretary of the proper committee of a major political party 17.9to execute or file a certificate of nomination; 17.10(d) any wrongful act, omission, or error of any election judge, municipal clerk, 17.11county auditor, canvassing board or any of its members, the secretary of state, or any other 17.12individual charged with any duty concerning an election. 17.13The petition shall describe the error, omission, or wrongful act and the correction 17.14sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in 17.15the case of an election for state or federal office or any judge of the district court in that 17.16county in the case of an election for county, municipal, or school district office. The 17.17petitioner shall serve a copy of the petition on the officer, board or individual charged with 17.18the error, omission, or wrongful act, on all candidates for the office in the case of an 17.19election for state, federal, county, municipal, or school district office, and on any other 17.20party as required by the court. Upon receipt of the petition the court shall immediately set 17.21a time for a hearing on the matter and order the officer, board or individual charged with 17.22the error, omission or wrongful act to correct the error or wrongful act or perform the duty 17.23or show cause for not doing so. new text begin In the case of a review of a candidate's eligibility to hold new text end 17.24 new text begin office, the court may order the candidate to appear and present sufficient evidence of the new text end 17.25 new text begin candidate's eligibility. new text end The court shall issue its findings and a final order for appropriate 17.26relief as soon as possible after the hearing. Failure to obey the order is contempt of court. 17.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.28    Sec. 26. Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read: 17.29    Subd. 2. Procedure. Notice of the election and the special mail procedure must 17.30be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 17.31days before a regularly scheduled election and not more than 30 days nor later than 14 17.32days before any other election, the auditor shall mail ballots by nonforwardable mail to 17.33all voters registered in the town or unorganized territory. No later than 14 days before 17.34the election, the auditor must make a subsequent mailing of ballots to those voters who 17.35register to vote after the initial mailing but before the 20th day before the election. 18.1Eligible voters not registered at the time the ballots are mailed may apply for ballots as 18.2provided in chapter 203B. Ballot return envelopes, with return postage provided, must 18.3be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in 18.4person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board 18.5to examine the mail and absentee ballot return envelopes and mark them "accepted" or 18.6"rejected" within three days of receipt if there are 14 or fewer days before election day, or 18.7within five days of receipt if there are more than 14 days before election day. The board 18.8may consist of deputy county auditors or deputy municipal clerks who have received 18.9training in the processing and counting of mail ballots, who need not be affiliated with 18.10a major political party. Election judges performing the duties in this section must be of 18.11different major political parties, unless they are exempt from that requirement under 18.12section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at 18.13least five days before the election, the ballots in the envelope must remain sealed and the 18.14auditor or clerk shall provide the voter with a replacement ballot and return envelope in 18.15place of the spoiled ballot. If the ballot is rejected within five days of the election, the 18.16envelope must remain sealed and the official in charge of the ballot board must attempt to 18.17contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 18.18rejected. The official must document the attempts made to contact the voter. 18.19If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 18.20indicate that the voter has already cast a ballot in that election. After the close of business 18.21on the fourth new text begin seventh new text end day before the election, the ballots from return envelopes marked 18.22"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, 18.23subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box. 18.24In all other respects, the provisions of the Minnesota Election Law governing 18.25deposit and counting of ballots apply. 18.26The mail and absentee ballots for a precinct must be counted together and reported 18.27as one vote total. No vote totals from mail or absentee ballots may be made public before 18.28the close of voting on election day. 18.29The costs of the mailing shall be paid by the election jurisdiction in which the voter 18.30resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 18.31    Sec. 27. Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read: 18.32    Subd. 2. Elections covered. For purposes of this section, "election" means a 18.33regularly scheduled state primary or general election, an election to fill a vacancy in the 18.34office of United States senator or United States representative, new text begin an election to fill a vacancy new text end 19.1 new text begin in nomination for a constitutional office, new text end or an election to fill a vacancy in the office of 19.2state senator or state representative. 19.3    Sec. 28. Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read: 19.4    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to 19.5each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 19.6forth in this section. Before the hours of voting are scheduled to begin, the election judges 19.7shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 19.8of Rights is as follows: 19.9"VOTER'S BILL OF RIGHTS 19.10For all persons residing in this state who meet federal voting eligibility requirements: 19.11(1) You have the right to be absent from work for the purpose of voting in a state 19.12or new text begin , new text end federal new text begin , or regularly scheduled new text end election without reduction to your pay, personal leave, 19.13or vacation time on election day for the time necessary to appear at your polling place, 19.14cast a ballot, and return to work. 19.15(2) If you are in line at your polling place any time before 8:00 p.m., you have the 19.16right to vote. 19.17(3) If you can provide the required proof of residence, you have the right to register 19.18to vote and to vote on election day. 19.19(4) If you are unable to sign your name, you have the right to orally confirm your 19.20identity with an election judge and to direct another person to sign your name for you. 19.21(5) You have the right to request special assistance when voting. 19.22(6) If you need assistance, you may be accompanied into the voting booth by a 19.23person of your choice, except by an agent of your employer or union or a candidate. 19.24(7) You have the right to bring your minor children into the polling place and into 19.25the voting booth with you. 19.26(8) If you have been convicted of a felony but your felony sentence has expired (been 19.27completed) or you have been discharged from your sentence, you have the right to vote. 19.28(9) If you are under a guardianship, you have the right to vote, unless the court 19.29order revokes your right to vote. 19.30(10) You have the right to vote without anyone in the polling place trying to 19.31influence your vote. 19.32(11) If you make a mistake or spoil your ballot before it is submitted, you have the 19.33right to receive a replacement ballot and vote. 19.34(12) You have the right to file a written complaint at your polling place if you are 19.35dissatisfied with the way an election is being run. 20.1(13) You have the right to take a sample ballot into the voting booth with you. 20.2(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 20.3booth with you." 20.4    Sec. 29. Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read: 20.5    Subd. 2. Voting booths. One of the election judges shall explain to the voter the 20.6proper method of marking and folding the ballots and, during a primary election, the effect 20.7of attempting to vote in more than one party's primary. Except as otherwise provided in 20.8section 204C.15, the voter shall retire alone to an unoccupied voting booth or, at the 20.9voter's discretion, the voter may choose to use another writing surface. The voter shall 20.10mark the ballots without undue delay. The voter may take sample ballots into the booth to 20.11assist in voting. The election judges may adopt and enforce reasonable rules governing the 20.12amount of time a voter may spend in the voting booth marking ballots. 20.13    Sec. 30. Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read: 20.14    Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner: 20.15(a) A mark (X) shall be placed in the square new text begin The voter shall fill in the oval or similar new text end 20.16 new text begin mark if a different target shape is used, new text end opposite the printed name of each candidate for 20.17whom the individual desires to vote, and in the square new text begin oval or other target shape new text end before the 20.18"YES" new text begin "Yes" new text end or "NO" new text begin "No" new text end if the individual desires to vote for or against a question. 20.19(b) The voter may write in other names on the lines provided under the printed 20.20names of the candidates, except that no names shall be written in on primary ballots. 20.21(c) At a state primary an individual may vote for candidates of only one major 20.22political party on the partisan primary ballot. If a partisan primary ballot contains votes 20.23for the candidates of more than one major political party, the ballot is totally defective and 20.24no vote on the new text begin partisan section of the new text end ballot shall be counted. 20.25(d) An individual who spoils a ballot may return it to the election judges and receive 20.26another. 20.27    Sec. 31. Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read: 20.28    Subd. 5. Deposit of ballots in ballot boxes new text begin box new text end . The voter shall then withdraw 20.29from the voting booth with the ballots and hand them to the election judge in charge of 20.30the ballot boxes. That election judge shall immediately deposit each ballot in the proper 20.31 new text begin ballot new text end box. Ballots that have not been initialed by the election judges as provided in 20.32section 204C.09, shall not be deposited in the ballot box. 21.1    Sec. 32. Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read: 21.2    Subd. 3. Votes for too many candidates. If a voter places a mark (X) beside the 21.3names of more candidates for an office than are to be elected or nominated, the ballot is 21.4defective with respect only to that office. No vote shall be counted for any candidate for 21.5that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter 21.6has not indicated a party preference and places a mark (X) beside the names of candidates 21.7of more than one party on the partisan ballot, the ballot is totally defective and no votes on 21.8it shall be counted. If a voter has indicated a party preference at a primary, only votes cast 21.9for candidates of that party shall be counted. 21.10    Sec. 33. Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read: 21.11    Subd. 4. Name written in proper place. If a voter has written the name of an 21.12individual in the proper place on a general or special election ballot a vote shall be counted 21.13for that individual whether or not the voter makes a mark (X) in the square new text begin oval or other new text end 21.14 new text begin target shape new text end opposite the blank. 21.15    Sec. 34. Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read: 21.16    Subd. 7. All written names or marks counted up to limit. If a number of 21.17individuals are to be elected to the same office, the election judges shall count all names 21.18written in and all printed names with (X) marks in squares new text begin ovals or other target shapes new text end 21.19opposite them, not exceeding the whole number to be elected. When fewer names than the 21.20number to be elected are marked with an (X) or written in, only the marked or written in 21.21names shall be counted. When more names than the number to be elected are marked or 21.22written in, the ballot is defective with respect to that office and no vote shall be counted 21.23for that office. 21.24    Sec. 35. Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read: 21.25    Subd. 10. Different marks. If a voter uniformly uses a mark other than (X) which 21.26 new text begin that new text end clearly indicates an intent to mark a name or to mark yes or no on a question, and the 21.27voter does not use (X) new text begin the more standard mark new text end anywhere else on the ballot, a vote shall 21.28be counted for each candidate or response to a question marked. If a voter uses two or 21.29more distinct marks, such as (X) and some other mark, a vote shall be counted for each 21.30candidate or response to a question marked, unless the ballot is marked by distinguishing 21.31characteristics that make the entire ballot defective as provided in subdivision 13. 21.32    Sec. 36. Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read: 22.1    Subdivision 1. Publicly funded recounts. (a) In a state primary when the difference 22.2between the votes cast for the candidates for nomination to: 22.3(1) a state legislative office is less than one-half of one percent of the total number of 22.4votes counted for that nomination or is ten votes or less and the total number of votes cast 22.5for the nomination is 400 votes or less; or 22.6(2) a statewide federal office, state constitutional office, statewide judicial office, 22.7congressional office, or district judicial office is less than one-quarter of one percent of 22.8the total number of votes counted for that nomination or is ten votes or less and the total 22.9number of votes cast for the nomination is 400 votes or less; 22.10and the difference determines the nomination, the canvassing board with responsibility 22.11for declaring the results for that office shall manually recount the vote upon receiving a 22.12written request from the candidate whose nomination is in question. 22.13Immediately following the meeting of the board that has responsibility for 22.14canvassing the results of the nomination, the filing officer must notify the candidate that 22.15the candidate has the option to request a recount of the votes at no cost to the candidate. 22.16This written request must be received by the filing officer no later than 48 hours new text begin 5:00 p.m. new text end 22.17 new text begin on the second day new text end after the canvass of the primary for which the recount is being sought. 22.18    (b) In a state general election when the difference between the votes of a candidate 22.19who would otherwise be declared elected to: 22.20(1) a state legislative office is less than one-half of one percent of the total number of 22.21votes counted for that office or is ten votes or less and the total number of votes cast for 22.22the office is 400 votes or less; or 22.23(2) a statewide federal office, state constitutional office, statewide judicial office, 22.24congressional office, or district judicial office and the votes of any other candidate for that 22.25office is less than one-quarter of one percent of the total number of votes counted for that 22.26office or is ten votes or less if the total number of votes cast for the office is 400 votes or less, 22.27the canvassing board shall manually recount the votes upon receiving a written request 22.28from the candidate whose election is in question. 22.29Immediately following the meeting of the board that has responsibility for canvassing 22.30the results of the general election, the filing officer must notify the candidate that the 22.31candidate has the option to request a recount of the votes at no cost to the candidate. This 22.32written request must be received by the filing officer no later than 48 hours new text begin 5:00 p.m. on new text end 22.33 new text begin the second day new text end after the canvass of the election for which the recount is being sought. 22.34    (c) A recount must not delay any other part of the canvass. The results of the recount 22.35must be certified by the canvassing board as soon as possible. 23.1    (d) Time for notice of a contest for an office which is recounted pursuant to this section 23.2shall begin to run upon certification of the results of the recount by the canvassing board. 23.3    Sec. 37. Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read: 23.4    Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose 23.5name was on the ballot for nomination or election to a statewide federal office, state 23.6constitutional office, statewide judicial office, congressional office, state legislative office, 23.7or district judicial office may request a recount in a manner provided in this section at the 23.8candidate's own expense when the vote difference is greater than the difference required 23.9by this section. The votes shall be manually recounted as provided in this section if the 23.10candidate files a request during the time for filing notice of contest of the primary or 23.11election for which a recount is sought. 23.12    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 23.13an amount set by the filing officer for the payment of the recount expenses. The requesting 23.14candidate is responsible for the following expenses: the compensation of the secretary of 23.15state, or designees, and any election judge, municipal clerk, county auditor, administrator, 23.16or other personnel who participate in the recount; necessary supplies and travel related to 23.17the recount; the compensation of the appropriate canvassing board and costs of preparing 23.18for the canvass of recount results; and any attorney fees incurred in connection with the 23.19recount by the governing body responsible for the recount. 23.20    (c) new text begin A discretionary recount of a primary must not delay delivery of the notice of new text end 23.21 new text begin nomination to the winning candidate under section 204C.32. new text end 23.22     new text begin (d) new text end The requesting candidate may provide the filing officer with a list of up to three 23.23precincts that are to be recounted first and may waive the balance of the recount after these 23.24precincts have been counted. If the candidate provides a list, the recount official must 23.25determine the expenses for those precincts in the manner provided by paragraph (b). 23.26     new text begin (e) The results of the recount must be certified by the canvassing board as soon as new text end 23.27 new text begin possible. new text end 23.28    (d) new text begin (f) new text end If the winner of the race is changed by the optional recount, the cost of the 23.29recount must be paid by the jurisdiction conducting the recount. 23.30    (e) new text begin (g) new text end If a result of the vote counting in the manual recount is different from the 23.31result of the vote counting reported on election day by a margin greater than the standard 23.32for acceptable performance of voting systems provided in section 206.89, subdivision 4, 23.33the cost of the recount must be paid by the jurisdiction conducting the recount. 23.34    Sec. 38. Minnesota Statutes 2014, section 204C.36, subdivision 1, is amended to read: 24.1    Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b) 24.2and (c), a losing candidate for nomination or election to a county, municipal, or school 24.3district office may request a recount of the votes cast for the nomination or election to 24.4that office if the difference between the vote cast for that candidate and for a winning 24.5candidate for nomination or election is less than one-quarter of one percent of the total 24.6votes counted for that office. In case of offices where two or more seats are being filled 24.7from among all the candidates for the office, the one-quarter of one percent difference 24.8is between the elected candidate with the fewest votes and the candidate with the most 24.9votes from among the candidates who were not elected. 24.10(b) A losing candidate for nomination or election to a county, municipal, or school 24.11district office may request a recount of the votes cast for nomination or election to that 24.12office if the difference between the votes cast for that candidate and for a winning 24.13candidate for nomination or election is less than one-half of one percent, and the total 24.14number of votes cast for the nomination or election of all candidates is more than 400 24.15but less than 50,000. In cases of offices where two or more seats are being filled from 24.16among all the candidates for the office, the one-half of one percent difference is between 24.17the elected candidate with the fewest votes and the candidate with the most votes from 24.18among the candidates who were not elected. 24.19(c) A losing candidate for nomination or election to a county, municipal, or school 24.20district office may request a recount of the votes cast for nomination or election to that 24.21office if the difference between the vote cast for that candidate and for a winning candidate 24.22for nomination or election is ten votes or less, and the total number of votes cast for the 24.23nomination or election of all candidates is no more than 400. In cases of offices where two 24.24or more seats are being filled from among all the candidates for the office, the ten vote 24.25difference is between the elected candidate with the fewest votes and the candidate with 24.26the most votes from among the candidates who were not elected. 24.27(d) Candidates for county offices shall file a written request for the recount with the 24.28county auditor. Candidates for municipal or school district offices shall file a written 24.29request with the municipal or school district clerk as appropriate. All requests shall be 24.30filed during the time for notice of contest of the primary or new text begin by 5:00 p.m. on the fifth day new text end 24.31 new text begin after the canvass of a primary or special primary or by 5:00 p.m. on the seventh day of the new text end 24.32 new text begin canvass of a special or general new text end election for which a recount is sought. 24.33(e) Upon receipt of a request made pursuant to this section, the county auditor shall 24.34recount the votes for a county office at the expense of the county, the governing body 24.35of the municipality shall recount the votes for a municipal office at the expense of the 25.1municipality, and the school board of the school district shall recount the votes for a 25.2school district office at the expense of the school district. 25.3    Sec. 39. Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read: 25.4    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination 25.5or election to a county, municipal, or school district office may request a recount in the 25.6manner provided in this section at the candidate's own expense when the vote difference is 25.7greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall 25.8be manually recounted as provided in this section if the requesting candidate files with 25.9the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an 25.10amount set by the governing body of the jurisdiction or the school board of the school 25.11district for the payment of the recount expenses. 25.12    (b) The requesting candidate may provide the filing officer with a list of up to three 25.13precincts that are to be recounted first and may waive the balance of the recount after these 25.14precincts have been counted. If the candidate provides a list, the recount official must 25.15determine the expenses for those precincts in the manner provided by paragraph (b). 25.16    (c) new text begin A discretionary recount of a primary must not delay delivery of the notice of new text end 25.17 new text begin nomination to the winning candidate under section 204C.32. new text end 25.18     new text begin (d) The results of the recount must be certified by the canvassing board as soon as new text end 25.19 new text begin possible. new text end 25.20     new text begin (e) new text end If the winner of the race is changed by the optional recount, the cost of the 25.21recount must be paid by the jurisdiction conducting the recount. 25.22    (d) new text begin (f) new text end If a result of the vote counting in the manual recount is different from the 25.23result of the vote counting reported on election day by a margin greater than the standard 25.24for acceptable performance of voting systems provided in section 206.89, subdivision 4, 25.25the cost of the recount must be paid by the jurisdiction conducting the recount. 25.26    Sec. 40. Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read: 25.27    Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued 25.28until seven days after the canvassing board has declared the result of the election. In case 25.29of a contest, an election certificate shall not be issued until a court of proper jurisdiction 25.30has finally determined the contest. This subdivision shall not apply to candidates elected 25.31to the office of state senator or representative. 25.32    Sec. 41. Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read: 26.1    Subd. 11. Certificate of legislative election. A certificate of election in a special 26.2election for state senator or state representative shall be issued by the secretary of state to 26.3the individual declared elected by the county or state canvassing board new text begin chief clerk of the new text end 26.4 new text begin house or the secretary of the senate new text end two days, excluding Sundays and legal holidays, after 26.5the appropriate canvassing board finishes canvassing the returns for the election. 26.6In case of a contest the certificate shall not be issued until the district court 26.7determines the contest. 26.8    Sec. 42. Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read: 26.9    Subd. 3. Filing fees. Unless the new text begin a new text end charter new text begin provision or ordinance new text end of a new text begin home rule new text end 26.10 new text begin charter or statutory new text end city provides the amount of the fee for filing an application or affidavit 26.11of candidacy for city office, the filing fee for a municipal office is as follows: 26.12(a) new text begin (1) new text end in first class cities, $20; 26.13(b) new text begin (2) new text end in second and third class cities, $5; and 26.14(c) new text begin (3) new text end in fourth class cities and towns, $2. 26.15    Sec. 43. Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read: 26.16    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card 26.17on which all ballot information is included must be printed in black ink on white colored 26.18material except that marks not to be read by the automatic tabulating equipment may be 26.19printed in another color ink. In state elections, a single ballot title must be used, as provided 26.20in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years 26.21when both municipal and school district offices or questions appear on the ballot, the 26.22single ballot title "City (or Town) and School District Ballot" must be used. 26.23On the front of the ballot must be printed the words "Official Ballot" and the date of 26.24the election and lines for the initials of at least two election judges. 26.25When optical scan ballots are used, the offices to be elected must appear in the 26.26following order: federal offices; state legislative offices; constitutional offices; proposed 26.27constitutional amendments; county offices and questions; municipal offices and questions; 26.28school district offices and questions; special district offices and questions; and judicial 26.29offices. 26.30On optical scan ballots, the names of candidates and the words "yes" and "no" for 26.31ballot questions must be printed as close to their corresponding vote targets as possible. 26.32The line on an optical scan ballot for write-in votes must contain the words "write-in, 26.33if any." 27.1If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the 27.2instructions to voters must include a statement that reads substantially as follows: "THIS 27.3BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN 27.4BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR 27.5CANDIDATES OF ONE POLITICAL PARTY ONLY." new text begin "This ballot card contains a new text end 27.6 new text begin partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for new text end 27.7 new text begin candidates of one political party only." new text end If a primary ballot contains political party columns 27.8on both sides of the ballot, the instructions to voters must include a statement that reads 27.9substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE PRINTED ON 27.10THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY." 27.11 new text begin "Additional political parties are printed on the other side of this ballot. Vote for one new text end 27.12 new text begin political party only." new text end At the bottom of each political party column on the primary ballot, 27.13the ballot must contain a statement that reads substantially as follows: "CONTINUE 27.14VOTING ON THE NONPARTISAN BALLOT." new text begin "Continue voting on the nonpartisan new text end 27.15 new text begin ballot." new text end The instructions in section 204D.08, subdivision 4, do not apply to optical scan 27.16partisan primary ballots. Electronic ballot displays and audio ballot readers must follow 27.17the order of offices and questions on the optical scan or paper ballot used in the same 27.18precinct, or the sample ballot posted for that precinct. 27.19    Sec. 44. Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read: 27.20    Subd. 2. Notice filed with court. If the contest relates to a nomination or 27.21election for statewide office, the contestant shall file the notice of contest with the court 27.22administrator of District Court in Ramsey County. For contests relating to any other office, 27.23the contestant shall file the notice of contest with the court administrator of district court 27.24in the county where the contestee resides. 27.25If the contest relates to a constitutional amendment or other question voted on 27.26statewide, the contestant shall file the notice of contest with the court administrator 27.27of District Court in Ramsey County. If the contest relates to any other question, the 27.28contestant shall file the notice of contest with the court administrator of district court for 27.29the county or any one of the counties where the question appeared on the ballot. 27.30    Sec. 45. Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read: 27.31    Subd. 3. Notice served on parties. In all contests relating to the nomination or 27.32election of a candidate, the notice of contest must be served on the candidate who is 27.33the contestee, a copy of the notice must be sent to the contestee's last known address 27.34by certified mail, and a copy must be furnished to the official authorized to issue the 28.1certificate of election. If personal or substituted service on the contestee cannot be made, 28.2an affidavit of the attempt by the person attempting to make service and the affidavit of 28.3the person who sent a copy of the notice to the contestee by certified mail is sufficient to 28.4confer jurisdiction upon the court to decide the contest. 28.5If the contest relates to a constitutional amendment or other question voted on 28.6statewide or voted on in more than one county, notice of contest must be served on the 28.7secretary of state, who is the contestee. If a contest relates to a question voted on within 28.8only one county, school district, or municipality, a copy of the notice of contest must be 28.9served on the county auditor, clerk of the school district, or municipal clerk, respectively, 28.10who is the contestee. If the contest is upon the question of consolidation or reorganization 28.11of a school district, a copy of the notice of contest must be served on the county auditor 28.12authorized by law to issue the order. 28.13    Sec. 46. Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read: 28.14    Subd. 2. Statewide offices and questions. Section 209.10, subdivision 4, applies to 28.15a contest regarding a statewide office, new text begin or new text end a constitutional amendment, or other question 28.16voted on statewide. A copy of the Supreme Court's decision must be forwarded to the 28.17contestant and the contestee. 28.18    Sec. 47. Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read: 28.19    Subd. 2. Questions, ballot details. The questions to be voted on must be separately 28.20stated on the ballots, as worded in section 365.21. Two squares new text begin ovals or similar target new text end 28.21 new text begin shapes new text end , one above the other, must be put just below each question with the word "yes" 28.22beside the upper square new text begin target shape new text end and the word "no" beside the lower square new text begin target shape new text end . 28.23    Sec. 48. Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read: 28.24    Subd. 3. Voting. An elector must vote separately on each question for the elector's 28.25vote to be counted on that question. To vote "yes" on a question, the elector shall mark an 28.26"X" in the square new text begin fill in the oval or similar target shape new text end beside the word "yes" just below 28.27the question. To vote "no" on a question, the elector shall mark an "X" in the square new text begin fill in new text end 28.28 new text begin the oval or similar target shape new text end beside the word "no" just below the question. 28.29    Sec. 49. Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read: 28.30    Subd. 4. Election; form of ballot. The proposals for adoption of the options shall 28.31be stated on the ballot substantially as follows: 29.1"Shall option A, providing for a five-member town board of supervisors, be adopted 29.2for the government of the town?" 29.3"Shall option B, providing for the appointment of the clerk and treasurer by the town 29.4board, be adopted for the government of the town?" 29.5"Shall option C, providing for the appointment of a town administrator by the town 29.6board, be adopted for the government of the town?" 29.7"Shall option D, providing for combining the offices of clerk and treasurer, be 29.8adopted for the government of the town?" 29.9If a proposal under option B is to appoint only the clerk or only the treasurer, or if it 29.10is to appoint the combined clerk-treasurer following the adoption of option D or when 29.11submitted simultaneously with the ballot question for option D, the ballot question shall be 29.12varied to read appropriately. If an option B ballot question is submitted for the combined 29.13clerk-treasurer office at the same election in which option D is also on the ballot, the 29.14ballot must note that the approval of option B is contingent on the simultaneous approval 29.15of option D. In any of these cases, the question shall be followed by the words "Yes" 29.16and "No" with an appropriate square new text begin oval or similar target shape new text end before each in which 29.17an elector may record a choice. 29.18    Sec. 50. Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read: 29.19    Subd. 4. Ballot. The town board shall provide ballots which shall read "Shall 29.20the territory described in the resolution adopted by the town board on the ......... day of 29.21............., ......., constitute a special fire protection district?" The question shall be followed 29.22with a line with the word "Yes" and a square new text begin an oval or similar target shape new text end after it and 29.23another line with the word "No" and a square new text begin an oval or similar target shape new text end after it. The 29.24voters shall indicate their choice by placing a cross mark in one of the squares new text begin target new text end 29.25 new text begin shapes new text end , and a direction to so indicate their choice shall be printed on the ballot. 29.26    Sec. 51. Minnesota Statutes 2014, section 376.04, is amended to read: 29.27376.04 ELECTION, SEPARATE BALLOT. 29.28The question of purchasing and constructing hospital buildings shall be submitted 29.29to the voters of any county at a general election and placed upon a separate ballot. This 29.30election must be called by a resolution of the county board. The resolution must state the 29.31time of the election, that a county hospital is proposed to be established, the proposed 29.32location, and the cost, including equipment, for not more than the amount stated in the 29.33resolution. When the resolutions are passed, the county auditor shall immediately notify 29.34each town or city clerk in the county that the question of constructing hospital buildings 30.1will be voted upon at the time stated in the resolution, in the manner provided under the 30.2state election laws. 30.3The ballot must be in the following form: 30.4"For the purchase and construction of hospital buildings, including equipment, to 30.5be located at ............... (state location), at a cost not more than .............. (state amount), 30.6pursuant to the resolution of the board of county commissioners passed .................. (state 30.7date). 30.8 Yes ..... 30.9 No ..... " 30.10 new text begin To the left of new text end each of the last two words, "yes" and "no," shall be followed by a 30.11square in which the voter may indicate by a mark (X) either a negative or affirmative vote 30.12 new text begin printed an oval or similar target shape so that the voter may indicate by a mark either a new text end 30.13 new text begin negative or affirmative vote new text end . These votes shall be cast in the same manner as votes cast at 30.14the general election and counted by the same officers. Returns must be made to the county 30.15auditor, and canvassed in the same manner as the returns on county officers. 30.16    Sec. 52. Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read: 30.17    Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be 30.18stated on the ballot substantially as follows: 30.19"Shall Optional Plan A, modifying the standard plan of city government by 30.20providing for the appointment by the council of the clerk and treasurer be adopted for the 30.21government of the city?" 30.22"Shall Optional Plan B, providing for the council-manager form of city government, 30.23be adopted for the government of the city?" 30.24If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer" 30.25shall be substituted for the words "clerk and treasurer" in the question on the ballot on 30.26adoption of Optional Plan A. In any of these cases, the question shall be followed by the 30.27words, "Yes" and "No" with an appropriate square before each in which a voter may 30.28record a choice new text begin oval or similar target shape to the left of each word so that the voter may new text end 30.29 new text begin indicate by a mark either a negative or affirmative vote new text end . 30.30    Sec. 53. new text begin REPEALER. new text end 30.31 new text begin Minnesota Statutes 2014, sections 204C.13, subdivision 4; and 383A.555, new text end new text begin are new text end 30.32 new text begin repealed. new text end 31.1ARTICLE 2 31.2MILITARY AND OVERSEAS ABSENTEE VOTING 31.3    Section 1. Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read: 31.4    Subd. 3. Military. "Military" means the Army, Navy, Air Force, Marine Corps, 31.5Coast Guard or Merchant Marine of the United States, and all other uniformed services as 31.6defined in United States Code, title 42, section 1973ff-6 new text begin 52, section 20310, and military new text end 31.7 new text begin forces as defined by section 190.05, subdivision 3 new text end . 31.8    Sec. 2. Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read: 31.9    Subdivision 1. Military service; temporary residence outside United States. 31.10Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who 31.11are absent from the precinct where they maintain residence because they are: 31.12(1) either in the military or the spouses or dependents of individuals serving in 31.13the military; or 31.14(2) temporarily outside the territorial limits of the United States. 31.15Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and 31.16Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff new text begin 52, new text end 31.17 new text begin sections 20301 to 20310 new text end . 31.18    Sec. 3. Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read: 31.19    Subd. 2. Indefinite residence outside United States. Sections 203B.16 to 31.20203B.27 provide the exclusive voting procedure for United States citizens who are living 31.21indefinitely outside the territorial limits of the United States who meet all the qualifications 31.22of an eligible voter except residence in Minnesota, but who are authorized by federal law 31.23to vote in Minnesota because they new text begin or, if they have never resided in the United States, new text end 31.24 new text begin a parent new text end maintained residence in Minnesota for at least 20 days immediately prior to 31.25their departure from the United States. Individuals described in this subdivision shall be 31.26permitted to vote only for the offices of president, vice-president, senator in Congress, 31.27and representative in Congress. 31.28    Sec. 4. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read: 31.29    Subdivision 1. Submission of application. (a) An application for absentee ballots 31.30for a voter described in section 203B.16 must be in writing and may be submitted in 31.31person, by mail, by electronic facsimile device, by electronic mail, or electronically 31.32through a secure Web site that shall be maintained by the secretary of state for this 32.1purpose, upon determination by the secretary of state that security concerns have been 32.2adequately addressed. An application for absentee ballots for a voter described in section 32.3203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or 32.4child over the age of 18 years. For purposes of an application under this subdivision, a 32.5person's Social Security number, no matter how it is designated, qualifies as the person's 32.6military identification number if the person is in the military. 32.7(b) An application for a voter described in section 203B.16, subdivision 1, shall be 32.8submitted to the county auditor of the county where the voter maintains residence or 32.9through the secure Web site maintained by the secretary of state. 32.10(c) An application for a voter described in section 203B.16, subdivision 2, shall be 32.11submitted to the county auditor of the county where the voter new text begin or the voter's parent new text end last 32.12maintained residence in Minnesota or through the secure Web site maintained by the 32.13secretary of state. 32.14(d) An application for absentee ballots shall be valid for any primary, special 32.15primary, general election, or special election from the time the application is received 32.16through the end of that calendar year. 32.17(e) There shall be no limitation of time for filing and receiving applications for 32.18ballots under sections 203B.16 to 203B.27. 32.19    Sec. 5. Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read: 32.20    Subd. 2. Required information. An application shall be accepted if it contains the 32.21following information stated under oath: 32.22    (a) the voter's name, birthdate, and present address of residence in Minnesota, or 32.23former address of residence new text begin or parent's former address of residence new text end in Minnesota if the 32.24voter is living permanently outside the United States; 32.25    (b) a statement indicating that the voter is in the military, or is the spouse or 32.26dependent of an individual serving in the military, or is temporarily outside the territorial 32.27limits of the United States, or is living permanently outside the territorial limits of the 32.28United States and voting under federal law; 32.29    (c) a statement that the voter expects to be absent from the precinct at the time 32.30of the election; 32.31    (d) the address to which absentee ballots are to be mailed; 32.32    (e) the voter's signature or the signature and relationship of the individual authorized 32.33to apply on the voter's behalf; 32.34    (f) the voter's passport number, Minnesota driver's license or state identification card 32.35number, or the last four digits of the voter's Social Security number; if the voter does not 33.1have access to any of these documents, the voter or other individual requesting absentee 33.2ballots may attest to the truthfulness of the contents of the application under penalty 33.3of perjury; and 33.4    (g) the voter's e-mail address, if the application was submitted electronically through 33.5the secure Web site maintained by the secretary of state. 33.6Notwithstanding paragraph (f), an application submitted through the secretary of state's 33.7Web site must include the voter's verifiable Minnesota driver's license number, Minnesota 33.8state identification card number, or the last four digits of the voter's Social Security 33.9number, and may only be transmitted to the county auditor for processing if the secretary 33.10of state has verified the application information matches the information in a government 33.11database associated with the applicant's driver's license number, state identification card 33.12number, or Social Security number. The secretary of state must review all unverifiable 33.13applications for evidence of suspicious activity and must forward any such application to 33.14an appropriate law enforcement agency for investigation. 33.15    Sec. 6. Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read: 33.16    Subd. 4. Special federal ballot. (a) The names of all candidates for the offices 33.17of president and vice-president of the United States and senator and representative in 33.18Congress shall be placed on a ballot that shall be known as the "special federal ballot." 33.19(b) This ballot shall be prepared by the county auditor in the same manner as the 33.20state general election ballot and shall be subject to the rules adopted by the secretary of 33.21state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance 33.22with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States 33.23Code, title 42, section 1973ff new text begin 52, sections 20301 to 20310 new text end . 33.24(c) The special federal ballot shall be the only ballot sent to citizens of the United 33.25States who are eligible to vote by absentee ballot for federal candidates in Minnesota. 33.26ARTICLE 3 33.27UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT 33.28    Section 1. Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read: 33.29    Subd. 2. Petitions for presidential electors new text begin and alternates new text end . This subdivision 33.30does not apply to candidates for presidential elector new text begin or alternate new text end nominated by major 33.31political parties. Major party candidates for presidential elector new text begin or alternate new text end are certified 33.32under section 208.03. Other presidential electors new text begin or alternates new text end are nominated by petition 33.33pursuant to this section. On petitions nominating presidential electors new text begin or alternates new text end , the 34.1names of the candidates for president and vice-president shall be added to the political 34.2party or political principle stated on the petition. One petition may be filed to nominate a 34.3slate of presidential electors equal in number to the number of electors to which the state 34.4is entitled new text begin and an alternate for each elector nominee new text end . 34.5    Sec. 2. Minnesota Statutes 2014, section 208.02, is amended to read: 34.6208.02 ELECTION OF PRESIDENTIAL ELECTORS new text begin AND ALTERNATES new text end . 34.7Presidential electors new text begin and alternates new text end shall be chosen at the state general election held 34.8in the year preceding the expiration of the term of the president of the United States. 34.9    Sec. 3. Minnesota Statutes 2014, section 208.03, is amended to read: 34.10208.03 NOMINATION OF PRESIDENTIAL ELECTORS new text begin AND new text end 34.11 new text begin ALTERNATES new text end . 34.12Presidential electors new text begin and alternates new text end for the major political parties of this state shall be 34.13nominated by delegate conventions called and held under the supervision of the respective 34.14state central committees of the parties of this state. At least 71 days before the general 34.15election day the chair of the major political party shall certify to the secretary of state 34.16the names of the persons nominated as presidential electors, the names of eight new text begin persons new text end 34.17 new text begin nominated as new text end alternate presidential electors, and the names of the party candidates for 34.18president and vice president. The chair shall also certify that the party candidates for 34.19president and vice president have no affidavit on file as a candidate for any office in 34.20this state at the ensuing general election. 34.21    Sec. 4. Minnesota Statutes 2014, section 208.06, is amended to read: 34.22208.06 ELECTORS new text begin AND ALTERNATES new text end TO MEET AT STATE CAPITOL; 34.23FILLING OF VACANCIES. 34.24The presidential electors and alternate presidential electors, before 12:00 M. on the 34.25day before that fixed by Congress for the electors to vote for president and vice president 34.26of the United States, shall notify the governor that they are at the State Capitol and ready 34.27at the proper time to fulfill their duties as electors. The governor shall deliver to the 34.28electors present a certificate of the names of all the electors. If any elector named therein 34.29fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president 34.30and vice president of the United States, an alternate, chosen from among the alternates by 34.31lot, shall be appointed to act for that elector. If more than eight alternates are necessary, 34.32the electors present shall, in the presence of the governor, immediately elect by ballot a 35.1person to fill the vacancy. If more than the number of persons required have the highest 35.2and an equal number of votes, the governor, in the presence of the electors attending, shall 35.3decide by lot which of those persons shall be elected new text begin The electors shall meet at 12:00 p.m. new text end 35.4 new text begin in the executive chamber of the State Capitol and shall perform all the duties imposed new text end 35.5 new text begin upon them as electors by the Constitution and laws of the United States and this state new text end 35.6 new text begin in the manner provided in section 208.46 new text end . 35.7    Sec. 5. new text begin [208.40] SHORT TITLE. new text end 35.8 new text begin Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential new text end 35.9 new text begin Electors Act." new text end 35.10    Sec. 6. new text begin [208.41] DEFINITIONS. new text end 35.11 new text begin (a) The definitions in this section apply to sections 208.40 to 208.48. new text end 35.12 new text begin (b) "Cast" means accepted by the secretary of state in accordance with section new text end 35.13 new text begin 208.46, paragraph (b). new text end 35.14 new text begin (c) "Elector" means an individual selected as a presidential elector under this chapter. new text end 35.15 new text begin (d) "President" means the president of the United States. new text end 35.16 new text begin (e) "Unaffiliated presidential candidate" means a candidate for president who new text end 35.17 new text begin qualifies for the general election ballot in this state by means other than nomination by a new text end 35.18 new text begin political party. new text end 35.19 new text begin (f) "Vice president" means the vice president of the United States. new text end 35.20    Sec. 7. new text begin [208.42] DESIGNATION OF STATE'S ELECTORS. new text end 35.21 new text begin (a) For each elector position in this state, a political party contesting the position, or new text end 35.22 new text begin an unaffiliated presidential candidate, shall submit to the secretary of state the names of new text end 35.23 new text begin two qualified individuals. One of the individuals must be designated "elector nominee" new text end 35.24 new text begin and the other "alternate elector nominee." new text end 35.25 new text begin (b) Except as otherwise provided in sections 208.44 to 208.47, this state's electors new text end 35.26 new text begin are the winning elector nominees under the laws of this state. new text end 35.27    Sec. 8. new text begin [208.43] PLEDGE. new text end 35.28 new text begin Each elector nominee and alternate elector nominee of a political party shall execute new text end 35.29 new text begin the following pledge: "If selected for the position of elector, I agree to serve and to mark new text end 35.30 new text begin my ballots for president and vice president for the nominees for those offices of the party new text end 35.31 new text begin that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated new text end 35.32 new text begin presidential candidate shall execute the following pledge: "If selected for the position new text end 36.1 new text begin of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and new text end 36.2 new text begin to mark my ballots for that candidate and for that candidate's vice presidential running new text end 36.3 new text begin mate." The executed pledges must accompany the submission of the corresponding names new text end 36.4 new text begin to the secretary of state. new text end 36.5    Sec. 9. new text begin [208.44] CERTIFICATION OF ELECTORS. new text end 36.6 new text begin In submitting this state's certificate of ascertainment as required by United States new text end 36.7 new text begin Code, title 3, section 6, the governor shall certify this state's electors and state in the new text end 36.8 new text begin certificate that: new text end 36.9 new text begin (1) the electors will serve as electors unless a vacancy occurs in the office of elector new text end 36.10 new text begin before the end of the meeting at which elector votes are cast, in which case a substitute new text end 36.11 new text begin elector will fill the vacancy; and new text end 36.12 new text begin (2) if a substitute elector is appointed to fill a vacancy, the governor will submit an new text end 36.13 new text begin amended certificate of ascertainment stating the names on the final list of this state's new text end 36.14 new text begin electors. new text end 36.15    Sec. 10. new text begin [208.45] PRESIDING OFFICER; ELECTOR VACANCY. new text end 36.16 new text begin (a) The secretary of state shall preside at the meeting of electors described in section new text end 36.17 new text begin 208.06. new text end 36.18 new text begin (b) The position of an elector not present to vote is vacant. The secretary of state new text end 36.19 new text begin shall appoint an individual as a substitute elector to fill a vacancy as follows: new text end 36.20 new text begin (1) if the alternate elector is present to vote, by appointing the alternate elector new text end 36.21 new text begin for the vacant position; new text end 36.22 new text begin (2) if the alternate elector for the vacant position is not present to vote, by appointing new text end 36.23 new text begin an elector chosen by lot from among the alternate electors present to vote who were new text end 36.24 new text begin nominated by the same political party or unaffiliated presidential candidate; new text end 36.25 new text begin (3) if the number of alternate electors present to vote is insufficient to fill any new text end 36.26 new text begin vacant position pursuant to clauses (1) and (2), by appointing any immediately available new text end 36.27 new text begin individual who is qualified to serve as an elector and chosen through nomination by a new text end 36.28 new text begin plurality vote of the remaining electors, including nomination and vote by a single elector new text end 36.29 new text begin if only one remains; new text end 36.30 new text begin (4) if there is a tie between at least two nominees for substitute elector in a vote new text end 36.31 new text begin conducted under clause (3), by appointing an elector chosen by lot from among those new text end 36.32 new text begin nominees; or new text end 37.1 new text begin (5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to new text end 37.2 new text begin (4), by appointing a single presidential elector, with remaining vacant positions to be filled new text end 37.3 new text begin under clause (3) and, if necessary, clause (4). new text end 37.4 new text begin (c) To qualify as a substitute elector under paragraph (b), an individual who has not new text end 37.5 new text begin executed the pledge required under section 208.43 shall execute the following pledge: "I new text end 37.6 new text begin agree to serve and to mark my ballots for president and vice president consistent with the new text end 37.7 new text begin pledge of the individual to whose elector position I have succeeded." new text end 37.8    Sec. 11. new text begin [208.46] ELECTOR VOTING. new text end 37.9 new text begin (a) At the time designated for elector voting in section 208.06, and after all vacant new text end 37.10 new text begin positions have been filled under section 208.45, the secretary of state shall provide each new text end 37.11 new text begin elector with a presidential and a vice presidential ballot. The elector shall mark the new text end 37.12 new text begin elector's presidential and vice presidential ballots with the elector's votes for the offices new text end 37.13 new text begin of president and vice president, respectively, along with the elector's signature and the new text end 37.14 new text begin elector's legibly printed name. new text end 37.15 new text begin (b) Except as otherwise provided by law of this state other than this chapter, each new text end 37.16 new text begin elector shall present both completed ballots to the secretary of state, who shall examine new text end 37.17 new text begin the ballots and accept as cast all ballots of electors whose votes are consistent with their new text end 37.18 new text begin pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise new text end 37.19 new text begin provided by law of this state other than this chapter, the secretary of state may not accept new text end 37.20 new text begin and may not count either an elector's presidential or vice presidential ballot if the elector new text end 37.21 new text begin has not marked both ballots or has marked a ballot in violation of the elector's pledge. new text end 37.22 new text begin (c) An elector who refuses to present a ballot, presents an unmarked ballot, or new text end 37.23 new text begin presents a ballot marked in violation of the elector's pledge executed under section 208.43 new text end 37.24 new text begin or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be new text end 37.25 new text begin filled under section 208.45. new text end 37.26 new text begin (d) The secretary of state shall distribute ballots to and collect ballots from a new text end 37.27 new text begin substitute elector and repeat the process under this section of examining ballots, declaring new text end 37.28 new text begin and filling vacant positions as required, and recording appropriately completed ballots from new text end 37.29 new text begin the substituted electors, until all of this state's electoral votes have been cast and recorded. new text end 37.30    Sec. 12. new text begin [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES. new text end 37.31 new text begin (a) After the vote of this state's electors is completed, if the final list of electors new text end 37.32 new text begin differs from any list that the governor previously included on a certificate of ascertainment new text end 37.33 new text begin prepared and transmitted under United States Code, title 3, section 6, the secretary of state new text end 38.1 new text begin immediately shall prepare an amended certificate of ascertainment and transmit it to new text end 38.2 new text begin the governor for the governor's signature. new text end 38.3 new text begin (b) The governor immediately shall deliver the signed amended certificate of new text end 38.4 new text begin ascertainment to the secretary of state and a signed duplicate original of the amended new text end 38.5 new text begin certificate of ascertainment to all individuals entitled to receive this state's certificate of new text end 38.6 new text begin ascertainment, indicating that the amended certificate of ascertainment is to be substituted new text end 38.7 new text begin for the certificate of ascertainment previously submitted. new text end 38.8 new text begin (c) The secretary of state shall prepare a certificate of vote. The electors on the final new text end 38.9 new text begin list shall sign the certificate. The secretary of state shall process and transmit the signed new text end 38.10 new text begin certificate with the amended certificate of ascertainment under United States Code, title new text end 38.11 new text begin 3, sections 9, 10, and 11. new text end 38.12    Sec. 13. new text begin [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION. new text end 38.13 new text begin In applying and construing sections 208.40 to 208.48, consideration must be given new text end 38.14 new text begin to the need to promote uniformity of the law with respect to their subject matter among new text end 38.15 new text begin states that enact the Uniform Faithful Presidential Electors Act or similar law. new text end 38.16    Sec. 14. Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read: 38.17    Subd. 2. Statewide office. For purposes of this chapter new text begin , new text end "statewide office" means the 38.18office of governor, lieutenant governor, attorney general, state auditor, secretary of state, 38.19chief justice or associate justice of the Supreme Court, judge of the Court of Appeals, 38.20United States senator, or presidential elector new text begin or alternate new text end . 38.21    Sec. 15. new text begin REPEALER. new text end 38.22 new text begin Minnesota Statutes 2014, sections 208.07; and 208.08, new text end new text begin are repealed. new text end