HF 4

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution; 
  1.3             adding a section to article IV to provide for 
  1.4             initiative and referendum; providing procedures for 
  1.5             initiative and referendum; providing penalties; 
  1.6             amending Minnesota Statutes 1998, sections 10A.20, by 
  1.7             adding a subdivision; 204C.19, subdivision 2; 204C.27; 
  1.8             204C.33; 204D.11, by adding a subdivision; 204D.15; 
  1.9             204D.16; and 204D.165; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 3B. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.13     An amendment to the Minnesota Constitution, adding a 
  1.14  section to article IV, is proposed to the people.  If the 
  1.15  amendment is adopted the section will read as follows: 
  1.16     Sec. 27.  The enactment of a law, including a law to repeal 
  1.17  other law, may be initiated by the petition of the eligible 
  1.18  voters.  
  1.19     A proposal for an initiated law shall be placed on the 
  1.20  ballot at a general election if petitions for it are signed by 
  1.21  registered voters in each congressional district in a number not 
  1.22  less than eight percent of the number of persons who voted in 
  1.23  that district for governor at the last election of a governor. 
  1.24     A proposal for an initiated law whose purpose is only to 
  1.25  repeal other law shall be placed on the ballot at a general 
  1.26  election if petitions for it are signed by registered voters in 
  1.27  each congressional district in a number not less than four 
  1.28  percent of the number of persons who voted in that district for 
  2.1   governor at the last election of a governor.  If the law whose 
  2.2   repeal is proposed has not gone into effect at the time that 
  2.3   completed petitions are filed, the law shall remain suspended 
  2.4   until the question is voted on. 
  2.5      An initiated law shall be enacted upon the affirmative vote 
  2.6   of a majority of those voting on the question.  An initiated law 
  2.7   may not be amended or repealed or law repealed by an initiated 
  2.8   law may not be again enacted before the second general election 
  2.9   after the vote on the initiated law.  If an initiative does not 
  2.10  receive the required affirmative vote, a substantially similar 
  2.11  initiative may not be proposed before the second general 
  2.12  election after the vote on the defeated initiative.  The 
  2.13  governor may not veto an initiated law.  If a law that is 
  2.14  similar to a pending initiated law is enacted under the other 
  2.15  provisions of article IV, the sponsors of the initiative may 
  2.16  abandon it.  The similar law may provide that, if the sponsors 
  2.17  of the initiative decline to abandon it, the similar law will 
  2.18  also be placed on the ballot to be voted on like the initiated 
  2.19  law.  If both receive the affirmative vote of a majority, only 
  2.20  that which has the greater vote shall take effect. 
  2.21     An amendment to the constitution may be initiated by the 
  2.22  petition of the registered voters subject to the same conditions 
  2.23  as an initiative to enact a law.  The amendment shall become 
  2.24  part of this constitution upon the affirmative vote of a 
  2.25  majority of those voting on the question. 
  2.26     The legislature may, by a law enacted under the other 
  2.27  provisions of article IV, refer a law to a vote of the people.  
  2.28  No more than three laws may be referred by the legislature to a 
  2.29  vote of the people at the same general election.  A referred law 
  2.30  shall take effect after the affirmative vote of a majority of 
  2.31  those voting on the question. 
  2.32     The legislature shall, by law, provide procedures to 
  2.33  facilitate the provisions of this section. 
  2.34     Sec. 2.  [QUESTION.] 
  2.35     The amendment shall be submitted to the people at the 2000 
  2.36  general election.  The question proposed shall be: 
  3.1      "Shall the Minnesota Constitution be amended to provide for 
  3.2   initiative and referendum? 
  3.3                                      Yes .......
  3.4                                      No ........"
  3.5      Sec. 3.  [3B.31] [CITATION.] 
  3.6      Sections 3B.31 to 3B.60 may be cited as the Initiative and 
  3.7   Referendum Implementation Act. 
  3.8      Sec. 4.  [3B.32] [DEFINITIONS.] 
  3.9      Subdivision 1.  [SCOPE.] The definitions in this section 
  3.10  apply to sections 3B.31 to 3B.60. 
  3.11     Subd. 2.  [GENERAL ELECTION.] "General election" has the 
  3.12  meaning given in section 200.02, subdivision 2. 
  3.13     Subd. 3.  [MEASURE.] "Measure" means a law proposed by an 
  3.14  initiative or a referred law. 
  3.15     Subd. 4.  [PETITION DRIVE.] "Petition drive" means the 
  3.16  organized process by which the sponsors and their authorized 
  3.17  agents solicit eligible voters to sign initiative petitions. 
  3.18     Subd. 5.  [SPONSORS.] "Sponsors" means the persons 
  3.19  specified by section 3B.33, subdivision 2, clause (1). 
  3.20     Sec. 5.  [3B.33] [PREPARATION FOR PETITIONING.] 
  3.21     Subdivision 1.  [FILING OF DECLARATION.] Before circulation 
  3.22  of any petitions to have an initiative placed on the ballot, the 
  3.23  sponsors shall file a declaration with the secretary of state 
  3.24  not later than March 1 of an odd-numbered year. 
  3.25     Subd. 2.  [CONTENTS.] The declaration shall: 
  3.26     (1) state the names, mailing addresses, and a business or 
  3.27  residential telephone number of not fewer than 50 eligible 
  3.28  voters with an indication of who is the chair and who is the 
  3.29  treasurer; 
  3.30     (2) state the name and mailing address of all committees, 
  3.31  groups, or organizations known to the sponsors who intend to 
  3.32  support the petition drive on the measure or otherwise aid the 
  3.33  sponsors; 
  3.34     (3) give a description of the intent or purpose of an 
  3.35  initiative; 
  3.36     (4) state a short title, which is not misleading, by which 
  4.1   the sponsors want the initiative to be identified; and 
  4.2      (5) state the name, address, and telephone number of a 
  4.3   person who is generally available to work on the final form and 
  4.4   wording of the measure and is authorized to approve its final 
  4.5   form and wording. 
  4.6      Subd. 3.  [ADDITIONS.] Upon notification, the secretary of 
  4.7   state shall add other committees, groups, and organizations that 
  4.8   support the measure to those listed in the declaration. 
  4.9      Subd. 4.  [SAMPLE.] The secretary of state shall provide a 
  4.10  sample declaration form. 
  4.11     Subd. 5.  [FILING FEE.] The sponsors shall pay to the 
  4.12  secretary of state a filing fee of $200. 
  4.13     Sec. 6.  [3B.34] [ADVICE BY REVISOR OF STATUTES.] 
  4.14     Subdivision 1.  [SECRETARY OF STATE'S DUTIES.] The 
  4.15  secretary of state shall immediately forward one copy of each 
  4.16  declaration to the revisor of statutes.  The secretary of state 
  4.17  shall also advise the sponsors to consult with the revisor. 
  4.18     Subd. 2.  [REVISOR'S DUTIES.] The revisor of statutes 
  4.19  shall, before July 1 of the odd-numbered year, prepare a final 
  4.20  draft of an initiative.  The intent and purpose may be amplified 
  4.21  or refined by the person authorized by the declaration to 
  4.22  approve the form and wording of the measure.  The revisor shall 
  4.23  advise that sponsor as to the measure's constitutionality, and 
  4.24  the best form of the measure to accomplish the sponsors' intent 
  4.25  and purpose.  However, if the revisor and the sponsors disagree 
  4.26  as to the best form and content of the measure to accomplish the 
  4.27  sponsors' intent and purpose, or disagree as to 
  4.28  constitutionality, the directions of the sponsors must prevail.  
  4.29  All discussions by the revisor with the sponsors must be treated 
  4.30  by the revisor as confidential.  If, after consulting the 
  4.31  revisor, the sponsors do not desire the revisor's assistance, 
  4.32  the chair shall sign a written waiver of assistance.  The waiver 
  4.33  must then be filed with the secretary of state and the revisor, 
  4.34  together with a final draft of the initiative prepared by the 
  4.35  sponsors.  Together with the final draft prepared by the 
  4.36  revisor, or within seven days after receiving the waiver and 
  5.1   final draft prepared by the sponsors, the revisor shall furnish 
  5.2   the sponsors and the secretary of state with a summary of the 
  5.3   measure to be proposed to the people. 
  5.4      Subd. 3.  [FORM.] The form of initiatives must conform to 
  5.5   the form of bills considered by the legislature.  The enacting 
  5.6   clause must be "BE IT ENACTED BY THE PEOPLE OF THE STATE OF 
  5.7   MINNESOTA."  No initiative may embrace more than one subject.  
  5.8   The measure may not provide for the form of the ballot question 
  5.9   by which it would be submitted to the electors. 
  5.10     Subd. 4.  [ABANDONMENT.] If the sponsors, within 63 days 
  5.11  after filing their declaration, have not filed with the 
  5.12  secretary of state either the revisor's final draft or their 
  5.13  waiver of assistance from the revisor and a final draft prepared 
  5.14  by them, the petition drive be deemed abandoned. 
  5.15     Sec. 7.  [3B.35] [PETITIONS FOR INITIATIVE.] 
  5.16     Subdivision 1.  [CONTENTS.] Each initiative petition must 
  5.17  consist of as many copies as the sponsors print, each of which 
  5.18  must be not more than one sheet of paper and contain the 
  5.19  following on the front: 
  5.20     (1) in not less than 24-point bold type on a 30-point body 
  5.21  at the top of the front page, the printed words "OFFICIAL 
  5.22  INITIATIVE PETITION"; 
  5.23     (2) the short title by which the measure is to be 
  5.24  identified and the chair of the sponsors; 
  5.25     (3) the summary of the measure prepared by the revisor; 
  5.26     (4) a statement that a verbatim copy of the initiative is 
  5.27  available for public examination at the office of the secretary 
  5.28  of state or any county auditor; and 
  5.29     (5) space for eligible voters to sign the petition 
  5.30  including space for the signature, printed name, telephone 
  5.31  number, mailing address, county and congressional district of 
  5.32  residence, and an indication of status as eligible voter. 
  5.33     Subd. 2.  [AFFIDAVIT; SOLICITOR'S COMPENSATION.] On the 
  5.34  front or back of each petition must be an affidavit for the 
  5.35  person who circulated the petition which must include the 
  5.36  person's name, mailing address, and telephone number; indicate 
  6.1   that to the best of the person's knowledge each of the signers 
  6.2   is an eligible voter and resident in the county and 
  6.3   congressional district indicated; identify the sponsors on whose 
  6.4   behalf the petition was circulated; and state the period during 
  6.5   which it was circulated.  If a solicitor is used to obtain 
  6.6   signatures to a petition, the amount and nature of the 
  6.7   solicitor's compensation must be printed in ten-point bold type 
  6.8   on each copy of the petition upon which signatures are placed in 
  6.9   consequence of the solicitation. 
  6.10     Subd. 3.  [DETERMINATION OF COMPLIANCE.] At the time that 
  6.11  the final draft of the initiative measure is filed with the 
  6.12  secretary of state, the sponsors shall also file a copy of the 
  6.13  petition with the secretary of state.  Within seven days the 
  6.14  secretary of state shall examine the petition and determine 
  6.15  whether it complies with this section.  If the petition 
  6.16  complies, the secretary of state shall approve it and notify the 
  6.17  sponsors.  If the secretary of state finds that the petition 
  6.18  does not comply, the secretary of state shall disapprove it and 
  6.19  order it redrafted.  The secretary of state shall notify the 
  6.20  sponsors that the petition does not comply with the law and 
  6.21  specify what changes are necessary to bring it into compliance.  
  6.22  Failure to refile a new petition drafted in accordance with the 
  6.23  secretary of state's instructions not later than seven days 
  6.24  after the secretary of state's notice constitutes abandonment of 
  6.25  the petition drive.  Upon refiling, the secretary of state shall 
  6.26  again examine the petition for its compliance with this section 
  6.27  and approve it or again reject it within seven days after the 
  6.28  refiling.  The petition may subsequently be refiled until it is 
  6.29  found to comply with the law and rules. 
  6.30     Subd. 4.  [COPY TO COUNTY AUDITOR.] The secretary of state 
  6.31  shall, within seven calendar days after approving the 
  6.32  initiative, send to the county auditor in each county a verbatim 
  6.33  copy of the initiative as on file in the secretary of state's 
  6.34  office. 
  6.35     Sec. 8.  [3B.36] [TIME OF CIRCULATION OF PETITIONS; 
  6.36  VOLUNTARY ABANDONMENT.] 
  7.1      Subdivision 1.  [CIRCULATION DATES.] Initiative petitions 
  7.2   may only be circulated on those days of odd-numbered years which 
  7.3   are more than eight calendar days after the date of the 
  7.4   secretary of state's approval of the petition.  Sponsors may 
  7.5   undertake organizational activity or complete the procedures of 
  7.6   section 3B.33, 3B.34, or 3B.35 before petitions are circulated. 
  7.7      Subd. 2.  [ABANDONMENT OF DRIVE.] The sponsors may abandon 
  7.8   the petition drive at any time before the petition is certified 
  7.9   by the secretary of state as provided in section 3B.42.  To 
  7.10  abandon the drive, a declaration to that effect must be filed 
  7.11  with the secretary of state.  The filing of the declaration does 
  7.12  not prevent other sponsors from beginning a similar or identical 
  7.13  petition drive.  All petitions signed before the declaration are 
  7.14  void upon the filing of the declaration and may not subsequently 
  7.15  be used by new sponsors. 
  7.16     Subd. 3.  [VOID PETITIONS.] Petitions which are signed but 
  7.17  never filed, or which are filed but the number of signatures is 
  7.18  later determined to be insufficient, are void after the year in 
  7.19  which they were signed.  The petitions may not be used for 
  7.20  similar or identical petition circulation efforts in subsequent 
  7.21  years. 
  7.22     Sec. 9.  [3B.37] [SIGNATURES.] 
  7.23     An initiative must be placed on the ballot if petitions for 
  7.24  it are signed by eligible voters in each congressional district 
  7.25  of the state in a number not less than the percent of the number 
  7.26  of persons who voted at the last general election in that 
  7.27  congressional district that is required by the constitution. 
  7.28     Sec. 10.  [3B.38] [FILING OF PETITIONS.] 
  7.29     The sponsors shall file the signed petitions with the 
  7.30  secretary of state not later than October 1 of the year in which 
  7.31  the petitions are circulated.  Before filing the signed 
  7.32  petitions the sponsors shall securely bind them together.  Only 
  7.33  the sponsors, or those authorized in writing by the sponsors, 
  7.34  may file petitions. 
  7.35     Sec. 11.  [3B.39] [PETITIONS RECEIVED BY SECRETARY OF STATE 
  7.36  AND SIGNATURES COUNTED.] 
  8.1      The secretary of state shall determine the number of 
  8.2   signatures on the petitions filed and shall, not later than 
  8.3   October 10, give written notification to the sponsors of the 
  8.4   number of signatures from each congressional district.  If the 
  8.5   number of signatures filed is fewer than the minimum number of 
  8.6   signatures required from a congressional district, petitions for 
  8.7   additional signatures may be circulated for one additional 
  8.8   period of 21 days commencing from the date of notification. 
  8.9      Sec. 12.  [3B.40] [VERIFICATION OF PETITIONS.] 
  8.10     Subdivision 1.  [DEADLINE; METHODS; CHALLENGES.] Not later 
  8.11  than December 31 of the year in which the petitions were signed, 
  8.12  the secretary of state shall determine whether a sufficient 
  8.13  number of valid signatures has been obtained.  The secretary of 
  8.14  state may verify signatures by the random sampling method 
  8.15  provided in section 3B.41.  County auditors, at the secretary of 
  8.16  state's request, shall assist the secretary of state to verify 
  8.17  signatures.  Any eligible voter may challenge the number or 
  8.18  validity of signatures on the petition.  The secretary of state 
  8.19  shall determine the contest of the number or validity of 
  8.20  signatures by an eligible voter. 
  8.21     Subd. 2.  [VALIDITY.] A signature is valid when: 
  8.22     (1) it is voluntarily signed by the person named; 
  8.23     (2) the signatory is an eligible voter; 
  8.24     (3) the signatory is a resident of the congressional 
  8.25  district indicated on the petition; and 
  8.26     (4) the signature is identifiable. 
  8.27     Subd. 3.  [PROTEST; CONTEST.] An eligible voter contesting 
  8.28  the sufficiency or validity of signatures shall file a protest 
  8.29  within the time provided in subdivision 1 for the secretary of 
  8.30  state to verify the petitions or within seven days of the 
  8.31  determination of the secretary of state under subdivision 1, 
  8.32  whichever occurs earlier.  The protest must include a brief 
  8.33  statement of the evidence of insufficiency or invalidity.  If an 
  8.34  eligible voter contests the sufficiency or validity of 
  8.35  signatures in bad faith, the voter may be assessed costs of the 
  8.36  contest up to a maximum of $2,000.  The secretary of state shall 
  9.1   hear evidence and determine contests within 21 days after the 
  9.2   protest is filed. 
  9.3      Subd. 4.  [INSUFFICIENT SIGNATURES.] If the secretary of 
  9.4   state determines that the number of valid signatures is fewer 
  9.5   than the number required, the secretary shall so notify the 
  9.6   sponsors, and petitions for additional signatures may be 
  9.7   circulated for an additional period of 21 days, in the case of a 
  9.8   determination of an actual number deficiency, or 35 days, in the 
  9.9   case of an estimated number deficiency, commencing from the date 
  9.10  of notification.  The secretary shall verify a random sample of 
  9.11  the additional signatures within ten days of receiving them.  If 
  9.12  the verification from the random sample of the additional 
  9.13  signatures does not show that the total number of valid 
  9.14  signatures on the additional petitions is 100 percent or more of 
  9.15  the deficiency, the secretary shall notify the sponsors.  No 
  9.16  further action shall then be taken on the petitions. 
  9.17     Sec. 13.  [3B.41] [RANDOM SAMPLING METHOD OF SIGNATURE 
  9.18  VERIFICATION.] 
  9.19     Subdivision 1.  [METHOD; PERCENTAGE.] A sample of 
  9.20  signatures to be verified must be drawn in such a manner that 
  9.21  every signature filed with the secretary of state is given an 
  9.22  equal opportunity to be included in the sample.  The sample must 
  9.23  include five percent of the signatures. 
  9.24     Subd. 2.  [SUFFICIENT VALID SIGNATURES.] If the 
  9.25  verification from the statistical sample shows that the total 
  9.26  number of valid signatures on all the petitions is 100 percent 
  9.27  or more of the minimum number of signatures needed to declare 
  9.28  the number of petition signatures to be sufficient for each 
  9.29  congressional district, the secretary of state shall determine 
  9.30  the number of valid signatures to be sufficient.  The number of 
  9.31  valid signatures must be determined by taking the total number 
  9.32  of signatures filed in each congressional district and 
  9.33  multiplying it by the percentage of signatures in the 
  9.34  statistical sample which were found to be valid.  In calculating 
  9.35  the number of valid signatures, any fractions must be rounded up 
  9.36  to one. 
 10.1      Subd. 3.  [INSUFFICIENT VALID SIGNATURES.] If the 
 10.2   verification from the statistical sample shows that the number 
 10.3   of valid signatures is less than 100 percent of the minimum 
 10.4   number of signatures needed to declare the number of petition 
 10.5   signatures to be sufficient for each congressional district, the 
 10.6   secretary of state shall determine that the number of petition 
 10.7   signatures is insufficient.  The secretary shall give the 
 10.8   sponsors written notice of what percentage of the signatures is 
 10.9   valid. 
 10.10     Sec. 14.  [3B.42] [CERTIFICATION BY SECRETARY OF STATE.] 
 10.11     If the number of petition signatures from each 
 10.12  congressional district meets the minimum number required, the 
 10.13  secretary of state shall certify the sufficiency of the 
 10.14  petitions to the sponsors and all county auditors.  The question 
 10.15  of adoption of the law proposed by an initiative petition must 
 10.16  then be placed on the ballot for the general election.  The 
 10.17  secretary of state's certificate must state the wording of the 
 10.18  question to be placed on the ballot.  The executive council 
 10.19  shall recommend to the secretary of state a wording for the 
 10.20  question.  The ballot question must be a true and impartial 
 10.21  statement of the intent and purpose of the initiative.  It must 
 10.22  be in similar form as a ballot question for a legislative 
 10.23  proposal of a constitutional amendment. 
 10.24     Sec. 15.  [3B.43] [ABANDONMENT OF INITIATIVE.] 
 10.25     The sponsors of an initiative may abandon the measure after 
 10.26  the sufficiency and validity of the petition is certified by the 
 10.27  secretary of state and before June 1 of the even-numbered year 
 10.28  after the petition is filed, if the legislature has enacted a 
 10.29  law with a similar scope and purpose during that period.  The 
 10.30  measure is abandoned if four-fifths of the sponsors sign a 
 10.31  written declaration abandoning the measure and the declaration 
 10.32  is filed with the secretary of state.  If an initiative is 
 10.33  abandoned as provided in this section, it must not be placed on 
 10.34  the ballot and the petition must not be effective to initiate 
 10.35  any other proposed law or refer any other existing law. 
 10.36     Sec. 16.  [3B.44] [PLACEMENT OF LAW ON BALLOT.] 
 11.1      If an initiative petition has been certified so that an 
 11.2   initiative will appear on the ballot at the next general 
 11.3   election and the legislature enacts a law with a scope and 
 11.4   purpose similar to that of the initiative measure during its 
 11.5   regular session in that general election year, the legislature 
 11.6   may place that law on the ballot.  The law must appear on the 
 11.7   ballot as provided by the legislature unless the initiative is 
 11.8   abandoned as provided in section 3B.43. 
 11.9      Sec. 17.  [3B.45] [NUMBERING OF BALLOT MEASURES.] 
 11.10     The secretary of state shall number in consecutive order 
 11.11  each initiative or referendum ballot measure with the wording 
 11.12  "INITIATIVE NUMBER...." or "REFERENDUM NUMBER...."  Initiatives 
 11.13  and referenda must be numbered starting from the number one for 
 11.14  the first of each certified to be placed on the ballot after the 
 11.15  effective date of this section.  Initiatives and referenda which 
 11.16  are certified to appear on the ballot in general elections in 
 11.17  subsequent years must be numbered beginning with the first 
 11.18  number after the number of the last initiative or referendum at 
 11.19  the last general election.  Their order on the ballot must be 
 11.20  assigned by the secretary of state. 
 11.21     Sec. 18.  [3B.46] [BALLOTS, VOTING, AND CANVASSING.] 
 11.22     For all initiatives, the ballots must be prepared, voting 
 11.23  conducted, results canvassed, contests conducted, and results 
 11.24  certified as provided by chapters 200 to 211B. 
 11.25     Sec. 19.  [3B.47] [TIME OF ELECTION.] 
 11.26     Voting upon initiatives and referenda must be held only at 
 11.27  a general election. 
 11.28     Sec. 20.  [3B.48] [SIMULTANEOUS PETITIONS FOR INITIATIVE 
 11.29  MEASURES.] 
 11.30     Nothing prevents multiple simultaneous petition drives 
 11.31  involving identical initiatives by the same or different 
 11.32  sponsors.  However, the first determination by the secretary of 
 11.33  state of the sufficiency of the signatures for one measure 
 11.34  constitutes abandonment of the other petition drives as of the 
 11.35  date of the secretary's determination. 
 11.36     Sec. 21.  [3B.49] [COSTS OF COUNTY AUDITORS TO VERIFY 
 12.1   SIGNATURES.] 
 12.2      Subdivision 1.  [REIMBURSEMENT.] The state shall reimburse 
 12.3   all county auditors for all reasonable costs of assisting in the 
 12.4   verification of signatures on initiative petitions. 
 12.5      Subd. 2.  [ANNUAL STATEMENT OF EXPENSES.] Each year prior 
 12.6   to May 1, each auditor shall submit to the secretary of state a 
 12.7   verified statement of expenditures incurred in the previous 
 12.8   calendar year.  The statement shall specify how all costs were 
 12.9   incurred. 
 12.10     Subd. 3.  [PAYMENT.] The secretary of state shall, within 
 12.11  30 days after receipt of each auditor's statement, pay to each 
 12.12  county auditor the costs which the secretary determines are 
 12.13  reasonable. 
 12.14     Subd. 4.  [RULES.] The secretary of state shall, by rule, 
 12.15  provide for the standards of what costs will be reimbursed by 
 12.16  the state. 
 12.17     Sec. 22.  [3B.50] [RESOLUTION OF CONFLICTS BETWEEN 
 12.18  MEASURES.] 
 12.19     Subdivision 1.  [CONFLICTING PETITIONS.] Nothing prevents 
 12.20  petitioning for measures which are apparently in substantial 
 12.21  conflict. 
 12.22     Subd. 2.  [NUMBER OF AFFIRMATIVE VOTES.] If two initiatives 
 12.23  or initiatives and referenda which substantially conflict are 
 12.24  adopted by a vote of the people, the one receiving the largest 
 12.25  number of affirmative votes is effective.  If it is finally 
 12.26  determined that the measures received an equal number of 
 12.27  affirmative votes, neither becomes effective, but they must 
 12.28  again be placed on the ballot at the next general election. 
 12.29     Subd. 3.  [DETERMINATION OF CONFLICT.] Two or more measures 
 12.30  substantially conflict when any material provision in one 
 12.31  measure is irreconcilable with a material provision in another 
 12.32  measure.  A petition may be filed with the district court by any 
 12.33  eligible voter alleging that two or more adopted measures 
 12.34  substantially conflict.  A copy of the petition must be served 
 12.35  upon the sponsors and upon the attorney general.  The district 
 12.36  court shall issue its findings and conclusions within 60 days of 
 13.1   the filing of the petition.  Upon a finding that any provisions 
 13.2   of measures substantially conflict, the district court shall 
 13.3   find that the entire measures conflict and state which measure 
 13.4   prevails under the provisions of subdivision 2. 
 13.5      Sec. 23.  [3B.51] [PUBLICATION.] 
 13.6      Initiative or referendum measures adopted by the people 
 13.7   must be published by the revisor of statutes in Laws of 
 13.8   Minnesota and be codified like other laws. 
 13.9      Sec. 24.  [3B.52] [VOTERS GUIDES.] 
 13.10     Subdivision 1.  [CAMPAIGN GUIDE.] The secretary of state 
 13.11  shall prepare a comprehensive guide to explain and assist 
 13.12  persons to organize and begin an initiative campaign. 
 13.13     Subd. 2.  [VOTER GUIDE.] At least two weeks before any 
 13.14  election at which the voters will vote on an initiative or 
 13.15  referendum, the secretary of state shall mail to each registered 
 13.16  voter a voter guide that explains in comprehensible language the 
 13.17  purpose of the measure, and states the arguments for and against 
 13.18  the measure.  The secretary of state shall obtain the assistance 
 13.19  of nonpartisan citizen organizations to assist in the 
 13.20  preparation of the guide.  
 13.21     Sec. 25.  [3B.53] [LITERATURE MUST INCLUDE NAMES.] 
 13.22     Any person or committee who shall publish, issue, post, 
 13.23  circulate, or cause to be published, issued, posted, circulated, 
 13.24  other than in a newspaper as provided in section 3B.54, any 
 13.25  literature, campaign material, or any publication, including 
 13.26  cards, pamphlets, flyers, signs, banners, leaflets, 
 13.27  announcements, or other material tending to influence persons to 
 13.28  sign or refuse to sign an initiative petition or to influence 
 13.29  the voting at an election on an initiative or referendum, which 
 13.30  fails to prominently display the name and mailing address of the 
 13.31  author, the name of the person or committee in whose behalf the 
 13.32  same is published, issued, posted, or circulated, and the name 
 13.33  and mailing address of any other person or committee causing the 
 13.34  same to be published, issued, posted, circulated, or broadcasted 
 13.35  is guilty of a misdemeanor.  
 13.36     Sec. 26.  [3B.54] [PAID ADVERTISEMENTS IN NEWS.] 
 14.1      Subdivision 1.  [REQUIRED DISCLAIMER.] No publisher of a 
 14.2   newspaper, periodical, or magazine shall insert in that 
 14.3   newspaper, magazine, or periodical, and no radio or television 
 14.4   station shall broadcast any matter paid or to be paid for which 
 14.5   tends or is intended to influence directly or indirectly persons 
 14.6   to sign or refuse to sign an initiative petition or voting at an 
 14.7   election on a ballot issue unless it is prominently indicated 
 14.8   that it is a paid advertisement. 
 14.9      Subd. 2.  [CHARGES ALLOWED.] To the extent that any person 
 14.10  sells either advertising space or broadcast time used on behalf 
 14.11  of any measure, the charges made must not exceed the charges 
 14.12  made for any other comparable purpose or use according to the 
 14.13  seller's rate schedule. 
 14.14     Sec. 27.  [3B.55] [DISCLOSURE TO ETHICAL PRACTICES BOARD.] 
 14.15     For the purpose of section 10A.01, subdivision 15, 
 14.16  "political committee" includes any association organized to 
 14.17  promote or defeat a ballot question, including the sponsors of a 
 14.18  petition as defined by section 3B.32, subdivision 5, and any 
 14.19  association that gives implicit or explicit consent for any 
 14.20  other person to receive contributions or make expenditures to 
 14.21  promote or defeat a ballot question. 
 14.22     Sec. 28.  [3B.56] [PROHIBITIONS.] 
 14.23     Subdivision 1.  [ACTS PROHIBITED.] No person may: 
 14.24     (1) be paid compensation for signing an initiative 
 14.25  petition; 
 14.26     (2) willfully refuse to file a statement of expenses 
 14.27  regarding an initiative when required by law; 
 14.28     (3) publish any literature, campaign material, or any 
 14.29  publication including cards, pamphlets, flyers, signs, banners, 
 14.30  leaflets, or other material or any radio or television broadcast 
 14.31  regarding an initiative which does not bear the identification 
 14.32  required by law; 
 14.33     (4) publish in any newspaper, periodical, or magazine any 
 14.34  paid advertising matter relating to an initiative which does not 
 14.35  contain the identification required by law; 
 14.36     (5) file a petition for an initiative with the secretary of 
 15.1   state without the written authorization of the sponsors; 
 15.2      (6) induce a person to sign a petition by fraud, force, or 
 15.3   the threat of force; 
 15.4      (7) pay compensation for signing an initiative petition; 
 15.5      (8) publish or broadcast any information regarding an 
 15.6   initiative with knowledge that it is false and which tends to 
 15.7   substantially affect adoption or rejection of the measure when 
 15.8   the publication or broadcast is undertaken primarily for the 
 15.9   purpose of influencing adoption or rejection; 
 15.10     (9) sign a petition with a name other than the person's own 
 15.11  name; or 
 15.12     (10) intentionally sign the same petition more than once. 
 15.13     Subd. 2.  [PENALTY.] Any person violating any provision of 
 15.14  subdivision 1, clauses (1) to (5), is guilty of a misdemeanor.  
 15.15  Any person violating any provision of subdivision 1, clauses (6) 
 15.16  to (10), is guilty of a gross misdemeanor. 
 15.17     Sec. 29.  [3B.57] [ACTION BY AND NOTIFICATIONS TO 
 15.18  SPONSORS.] 
 15.19     Subdivision 1.  [AUTHORIZED FILERS.] Only sponsors, or 
 15.20  those authorized by them in writing, may file any required 
 15.21  document or statement regarding initiative petitions, measures, 
 15.22  or campaigns including election contests or petition signature 
 15.23  count or validity contests. 
 15.24     Subd. 2.  [SUFFICIENCY OF AUTHORIZATION.] The signature of 
 15.25  the chair, the sponsors, or a person authorized in writing by 
 15.26  the chair, is sufficient to authorize the filing of any 
 15.27  statement or document required by law.  If the chair authorizes 
 15.28  another person to file any statement or document, a copy of the 
 15.29  authorization must be attached to the filed statement or 
 15.30  document. 
 15.31     Subd. 3.  [RECIPIENTS OF NOTICE.] A notice required to be 
 15.32  given to the sponsors must be given to those persons in 
 15.33  subdivision 2 who may authorize any filing. 
 15.34     Sec. 30.  [3B.58] [PHYSICAL DELIVERY OF DOCUMENTS.] 
 15.35     In sections 3B.31 to 3B.60, whenever a document is required 
 15.36  to be filed or received, only physical deposit of the document 
 16.1   with the indicated person constitutes filing or receipt.  A 
 16.2   mailing date within the time period is not sufficient. 
 16.3      Sec. 31.  [3B.59] [JUDICIAL REVIEW.] 
 16.4      Subdivision 1.  [JURISDICTION.] The district court has 
 16.5   original jurisdiction of any suit involving: 
 16.6      (1) the sufficiency of the number or the validity of 
 16.7   signatures on petitions after the administrative determinations 
 16.8   by the secretary of state have been exhausted; or 
 16.9      (2) resolution of conflicts between initiative or 
 16.10  referendum measures as provided by section 3B.50; or 
 16.11     (3) any suit alleging the unconstitutionality of an adopted 
 16.12  initiative or referendum measure. 
 16.13     Subd. 2.  [VENUE.] Venue for all suits and criminal 
 16.14  prosecutions involving initiative or referendum matters is in 
 16.15  the district court in Ramsey county. 
 16.16     Sec. 32.  [3B.60] [COPIES.] 
 16.17     The secretary of state shall provide the election officials 
 16.18  in each county with copies of each measure proposed by 
 16.19  initiative or referendum which must be made available to the 
 16.20  public. 
 16.21     Sec. 33.  Minnesota Statutes 1998, section 10A.20, is 
 16.22  amended by adding a subdivision to read: 
 16.23     Subd. 2a.  [INITIATIVE OR REFERENDUM.] In addition to the 
 16.24  reports required by subdivision 2, a political committee 
 16.25  organized to promote or defeat an initiative or referendum shall 
 16.26  also file reports not later than five days after a petition to 
 16.27  place the question on the ballot is certified pursuant to 
 16.28  section 3B.42. 
 16.29     Sec. 34.  Minnesota Statutes 1998, section 204C.19, 
 16.30  subdivision 2, is amended to read: 
 16.31     Subd. 2.  [BALLOTS; ORDER OF COUNTING.] Except as otherwise 
 16.32  provided in this subdivision, the ballot boxes shall be opened, 
 16.33  the votes counted, and the total declared one box at a time in 
 16.34  the following order:  the white box, the pink box, the violet 
 16.35  box, the canary box, the light green box, the blue box, the buff 
 16.36  box, the goldenrod box, the gray box, and then the other kinds 
 17.1   of ballots voted at the election.  If enough election judges are 
 17.2   available to provide counting teams of four or more election 
 17.3   judges for each box, more than one box may be opened and counted 
 17.4   at the same time.  The election judges on each counting team 
 17.5   shall be evenly divided between the major political parties.  
 17.6   The numbers entered on the summary sheet shall not be considered 
 17.7   final until the ballots in all the boxes have been counted and 
 17.8   corrections have been made if ballots have been deposited in the 
 17.9   wrong boxes. 
 17.10     Sec. 35.  Minnesota Statutes 1998, section 204C.27, is 
 17.11  amended to read: 
 17.12     204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 
 17.13     One or more of the election judges in each precinct shall 
 17.14  deliver two sets of summary statements; all spoiled white, pink, 
 17.15  violet, canary, and gray ballots; and the envelopes containing 
 17.16  the white, pink, canary, and gray ballots either directly to the 
 17.17  municipal clerk for transmittal to the county auditor's office 
 17.18  or directly to the county auditor's office as soon as possible 
 17.19  after the vote counting is completed but no later than 24 hours 
 17.20  after the end of the hours for voting.  One or more election 
 17.21  judges shall deliver the remaining set of summary statements and 
 17.22  returns, all unused and spoiled municipal and school district 
 17.23  ballots, the envelopes containing municipal and school district 
 17.24  ballots, and all other things furnished by the municipal or 
 17.25  school district clerk, to the municipal or school district 
 17.26  clerk's office within 24 hours after the end of the hours for 
 17.27  voting.  The municipal or school district clerk shall return all 
 17.28  polling place rosters and completed voter registration cards to 
 17.29  the county auditor within 48 hours after the end of the hours 
 17.30  for voting.  
 17.31     Sec. 36.  Minnesota Statutes 1998, section 204C.33, is 
 17.32  amended to read: 
 17.33     204C.33 [CANVASS OF STATE GENERAL ELECTIONS.] 
 17.34     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 17.35  board shall meet at the county auditor's office on or before the 
 17.36  seventh day following the state general election.  After taking 
 18.1   the oath of office, the board shall promptly and publicly 
 18.2   canvass the general election returns delivered to the county 
 18.3   auditor.  Upon completion of the canvass, the board shall 
 18.4   promptly prepare and file with the county auditor a report which 
 18.5   states:  
 18.6      (a) the number of individuals voting at the election in the 
 18.7   county and in each precinct; 
 18.8      (b) the number of individuals registering to vote on 
 18.9   election day and the number of individuals registered before 
 18.10  election day in each precinct; 
 18.11     (c) the names of the candidates for each office and the 
 18.12  number of votes received by each candidate in the county and in 
 18.13  each precinct; 
 18.14     (d) the number of votes counted for and against a proposed 
 18.15  change of county lines or county seat; and 
 18.16     (e) the number of votes counted for and against a 
 18.17  constitutional amendment or other question in the county and in 
 18.18  each precinct; and 
 18.19     (f) the number of votes counted for and against each 
 18.20  initiative and referendum.  
 18.21     The result of write-in votes cast on the general election 
 18.22  ballots must be compiled by the county auditor before the county 
 18.23  canvass.  The county auditor shall arrange for each municipality 
 18.24  to provide an adequate number of election judges to perform this 
 18.25  duty or the county auditor may appoint additional election 
 18.26  judges for this purpose.  The county auditor may open the 
 18.27  envelopes or containers in which the voted ballots have been 
 18.28  sealed in order to count and record the write-in votes and must 
 18.29  reseal the voted ballots at the conclusion of this process. 
 18.30     Upon completion of the canvass, the county canvassing board 
 18.31  shall declare the candidate duly elected who received the 
 18.32  highest number of votes for each county and state office voted 
 18.33  for only within the county.  The county auditor shall transmit 
 18.34  one of the certified copies of the county canvassing board 
 18.35  report for state and federal offices to the secretary of state 
 18.36  by express mail or similar service immediately upon conclusion 
 19.1   of the county canvass. 
 19.2      Subd. 2.  [COUNTY CANVASSING BOARD REPORTS; PUBLIC 
 19.3   AVAILABILITY.] The county auditor of each county shall provide a 
 19.4   certified copy of the county canvassing board report to anyone 
 19.5   who requests it upon payment to the auditor of costs of 
 19.6   reproduction actually incurred by the auditor's office.  The 
 19.7   auditor shall not take into account the general office expenses 
 19.8   or other expenses.  
 19.9      Subd. 3.  [STATE CANVASS.] The state canvassing board shall 
 19.10  meet at the secretary of state's office on the second Tuesday 
 19.11  following the state general election to canvass the certified 
 19.12  copies of the county canvassing board reports received from the 
 19.13  county auditors and shall prepare a report that states: 
 19.14     (a) the number of individuals voting in the state and in 
 19.15  each county; 
 19.16     (b) the number of votes received by each of the candidates, 
 19.17  specifying the counties in which they were cast; and 
 19.18     (c) the number of votes counted for and against each 
 19.19  constitutional amendment, specifying the counties in which they 
 19.20  were cast; and 
 19.21     (d) the number of votes counted for and against each 
 19.22  initiative and referendum.  
 19.23     All members of the state canvassing board shall sign the 
 19.24  report and certify its correctness.  The state canvassing board 
 19.25  shall declare the result within three days after completing the 
 19.26  canvass.  
 19.27     Sec. 37.  Minnesota Statutes 1998, section 204D.11, is 
 19.28  amended by adding a subdivision to read: 
 19.29     Subd. 3a.  [VIOLET BALLOT.] All initiative or referendum 
 19.30  ballot questions must be on one violet ballot.  The order of the 
 19.31  questions must be the order assigned under section 3B.45. 
 19.32     Sec. 38.  Minnesota Statutes 1998, section 204D.15, is 
 19.33  amended to read: 
 19.34     204D.15 [PINK BALLOT AND VIOLET BALLOTS; FORM; 
 19.35  DISTRIBUTION; SAMPLE BALLOT.] 
 19.36     Subdivision 1.  [TITLES FOR CONSTITUTIONAL AMENDMENTS.] The 
 20.1   secretary of state shall provide an appropriate title for each 
 20.2   question printed on the pink ballot and violet ballots.  The 
 20.3   title shall be approved by the attorney general, and shall 
 20.4   consist of not more than one printed line above the question to 
 20.5   which it refers.  At the top of the pink ballot just below the 
 20.6   heading, a conspicuous notice shall be printed stating that a 
 20.7   voter's failure to vote on a constitutional amendment has the 
 20.8   effect of a negative vote. 
 20.9      Subd. 3.  [SAMPLE PINK BALLOT AND VIOLET BALLOTS.] Four 
 20.10  weeks before the state general election the secretary of state 
 20.11  shall file sample copies of the pink ballot and violet ballots 
 20.12  in the secretary of state's office for public inspection.  Three 
 20.13  weeks before the state general election the secretary of state 
 20.14  shall mail sample copies of the pink ballot and violet ballots 
 20.15  to each county auditor.  Each auditor shall post the sample 
 20.16  ballot in a conspicuous place in the auditor's office.  
 20.17     Sec. 39.  Minnesota Statutes 1998, section 204D.16, is 
 20.18  amended to read: 
 20.19     204D.16 [SAMPLE GENERAL ELECTION BALLOTS; POSTING; 
 20.20  PUBLICATION.] 
 20.21     Two weeks before the state general election the county 
 20.22  auditor shall prepare sample copies of the white and canary 
 20.23  ballots and shall post copies of these sample ballots and a 
 20.24  sample of the pink ballot and violet ballots in the auditor's 
 20.25  office for public inspection.  No earlier than 15 days and no 
 20.26  later than two days before the state general election the county 
 20.27  auditor shall cause the sample white and canary ballots to be 
 20.28  published in at least one newspaper of general circulation in 
 20.29  the county. 
 20.30     Sec. 40.  Minnesota Statutes 1998, section 204D.165, is 
 20.31  amended to read: 
 20.32     204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 
 20.33     Notwithstanding any contrary provisions in section 204D.09 
 20.34  or 204D.16, the county auditor, two weeks before the applicable 
 20.35  primary or general election, shall provide one copy of the 
 20.36  sample partisan primary, nonpartisan primary, canary, white, or 
 21.1   pink, or violet ballot to a school district upon request.  The 
 21.2   school district may have the sample ballots reproduced at its 
 21.3   expense for classroom educational purposes and for educational 
 21.4   activities authorized under section 204B.27, subdivision 7. 
 21.5      Sec. 41.  [EFFECTIVE DATE.] 
 21.6      Sections 3 to 40 take effect the day after approval by the 
 21.7   people of the constitutional amendment proposed by section 1.