as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/23/1997 |
1.1 A bill for an act 1.2 relating to elections; changing and clarifying 1.3 provisions of the Minnesota election law; amending 1.4 Minnesota Statutes 1996, sections 200.031; 201.061, 1.5 subdivision 1; 201.071, subdivision 1; 201.081; 1.6 201.12, subdivision 2; 201.121, subdivision 1; 201.13, 1.7 subdivisions 1 and 2; 201.15; 201.161; 201.171; 1.8 203B.01, by adding a subdivision; 203B.03, subdivision 1.9 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 1.10 203B.08, subdivision 1; 203B.11, subdivision 1, and by 1.11 adding a subdivision; 203B.12, subdivision 2, and by 1.12 adding a subdivision; 203B.13, subdivisions 1 and 2; 1.13 203B.16, by adding a subdivision; 203B.19; 204B.06, by 1.14 adding a subdivision; 204B.146; 204B.15; 204B.16, 1.15 subdivisions 1a and 3; 204B.22, subdivision 1; 1.16 204B.23; 204B.27, by adding a subdivision; 204B.31; 1.17 204B.36, subdivision 2; 204C.08, by adding a 1.18 subdivision; 204C.15, subdivision 1; 204C.31, 1.19 subdivision 2; 204C.32; 204C.33, subdivision 1; 1.20 205.10, subdivision 3; 205.13, subdivision 1; 205.17, 1.21 by adding a subdivision; 205A.05, subdivision 1; 1.22 205A.08, by adding a subdivision; 206.55; 206.56, 1.23 subdivisions 1, 3, 5, 8, and 9; 206.57; 206.58; 1.24 206.59; 206.61, subdivisions 1, 3, and 5; 206.62; 1.25 206.64, subdivision 1; 206.66; 206.80; 206.81; 206.83; 1.26 206.84, subdivisions 3, 6, and 7; 206.86, subdivisions 1.27 1 and 2; 206.90, subdivisions 4 and 6; 207A.03, 1.28 subdivision 2; 211B.14; 367.03, subdivision 1; 367.25, 1.29 subdivision 1; 387.01; 388.01; and 626.846, 1.30 subdivision 6; proposing coding for new law in 1.31 Minnesota Statutes, chapters 201; 203B; and 204B; 1.32 repealing Minnesota Statutes 1996, sections 204D.15, 1.33 subdivision 2; 206.065; 206.56, subdivisions 4, 6, 10, 1.34 11, 12, 13, and 15; 206.60; 206.61, subdivisions 2, 6, 1.35 7, and 8; 206.63; 206.64, subdivision 2; 206.68; 1.36 206.685; 206.69; 206.70; 206.71; 206.72; 206.73; 1.37 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 1.38 2, 4, and 5; and 211B.11, subdivision 2. 1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.40 Section 1. Minnesota Statutes 1996, section 200.031, is 1.41 amended to read: 1.42 200.031 [DETERMINATION OF RESIDENCE.] 2.1 Residence shall be determined in accordance with the 2.2 following principles, so far as they may be applicable to the 2.3 facts of the case: 2.4 (a) The residence of an individual is in the precinct where 2.5 the individual's home is located, from which the individual has 2.6 no present intention of moving, and to which, whenever the 2.7 individual is absent, the individual intends to return; 2.8 (b) An individual does not lose residence if the individual 2.9 leaves home to live temporarily in another state or precinct; 2.10 (c) An individual does not acquire a residence in any 2.11 precinct of this state if the individual is living there only 2.12 temporarily, without the intention of making that precinct home; 2.13 (d) If an individual goes into another state or precinct 2.14 with the intention of making it home or files an affidavit of 2.15 residence there for election purposes, the individual loses 2.16 residence in the former precinct; 2.17 (e) If an individual moves to another state with the 2.18 intention of living there for an indefinite period, the 2.19 individual loses residence in this state, notwithstanding any 2.20 intention to return at some indefinite future time; 2.21 (f) Except as otherwise provided in this section, an 2.22 individual's residence is located in the precinct where the 2.23 individual's family lives, unless the individual's family is 2.24 living in that precinct only temporarily; 2.25 (g) If an individual's family lives in one precinct and the 2.26 individual lives or does business in another, the individual's 2.27 residence is located in the precinct where the individual's 2.28 family lives, unless the individual establishes a home in the 2.29 other precinct and intends to remain there, with or without the 2.30 individual's family; 2.31 (h) The residence of a single individual is in the precinct 2.32 where the individual lives and usually sleeps; 2.33 (i) The mere intention to acquire a new residence, is not 2.34 sufficient to acquire a new residence, unless the individual 2.35 moves to that location; moving to a new location is not 2.36 sufficient to acquire a new residence unless the individual 3.1 intends to remain there; 3.2 (j) The residence of an individual who is working 3.3 temporarily in any precinct of this state is in the precinct 3.4 where the individual's permanent home is located; 3.5 (k) The residence of an individual who is living 3.6 permanently in a soldiers' home or nursing home is in the 3.7 precinct where the home is located. 3.8 (l) If an individual's home lies in more than one precinct 3.9 or political subdivision, the residence of the individual is in 3.10 the precinct in which a majority of the room in which the 3.11 individual usually sleeps is located. 3.12 Sec. 2. Minnesota Statutes 1996, section 201.061, 3.13 subdivision 1, is amended to read: 3.14 Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except 3.15 during the 20 days immediately preceding any election, an 3.16 eligible voter or any individual who will be an eligible voter 3.17 at the time of the next election may register to vote in the 3.18 precinct in which the voter maintains residence by completing a 3.19 registration card and submitting it in person or by mail to the 3.20 county auditor of that county or to the secretary of state's 3.21 office. A registration that is received no later than 5:00 p.m. 3.22 on the 21st day preceding any election shall be accepted. An 3.23 improperly addressed or delivered registration card shall be 3.24 forwarded within two working days after receipt to the county 3.25 auditor of the county where the voter maintains residence. A 3.26 state or local agency or an individual that accepts completed 3.27 voter registration cards from a voter must submit the completed 3.28 cards to the secretary of state or the appropriate county 3.29 auditor within ten days after the cards are dated by the voter. 3.30 Sec. 3. Minnesota Statutes 1996, section 201.071, 3.31 subdivision 1, is amended to read: 3.32 Subdivision 1. [FORM.] A registration card must be of 3.33 suitable size and weight for mailing and contain spaces for the 3.34 following required information: voter's first name, middle 3.35 name, and last name; voter's previous name, if any; voter's 3.36 current address; voter's previous address, if any; voter's date 4.1 of birth; voter's municipality and county of residence; voter's 4.2 telephone number, if provided by the voter; date of 4.3 registration; and voter's signature. The card must also contain 4.4the followinga certification: I certify that I will be at4.5least 18 years old on election day and am a citizen of the4.6United States, that I reside at the address shown and will have4.7resided in Minnesota for 20 days immediately preceding election4.8day, and that I am not under guardianship of the person, have4.9not been found by a court to be legally incompetent to vote, and4.10have not been convicted of a felony without having my civil4.11rights restored. I understand that giving false information to4.12procure a registration is a felony punishable by not more than4.13five years imprisonment and a fine of not more than $10,000, or4.14bothof voter eligibility. 4.15 The form of the voter registration card and the 4.16 certification of voter eligibility must be as provided in the 4.17 rules of the secretary of state. Voter registration forms 4.18 authorized by the National Voter Registration Act may also be 4.19 accepted as valid. 4.20 Sec. 4. Minnesota Statutes 1996, section 201.081, is 4.21 amended to read: 4.22 201.081 [REGISTRATION FILES.] 4.23 The statewide registration system is the official record of 4.24 registered voters. The voter registration cards and the 4.25 terminal providing access to the statewide registration system 4.26 must be under the control of the county auditor or the public 4.27 official to whom the county auditor has delegated the 4.28 responsibility for maintaining voter registration records. The 4.29 voter registration cards and terminals providing access to the 4.30 statewide registration system must not be removed from the 4.31 control of the county auditor except as provided in this 4.32 subdivision. The county auditor may make photographic copies of 4.33 voter registration cards in the manner provided by section 4.34 138.17. 4.35 A properly completed voter registration card that has been 4.36 submitted to the secretary of state or a county auditor must be 5.1 maintained by the secretary of state or the county auditor for 5.2 at least 22 months after the date that the information on the 5.3 card is entered into the database of the statewide registration 5.4 system. The secretary of state or the county auditor may 5.5 dispose of the cards after retention for 22 months in the manner 5.6 provided by section 138.17. 5.7 Sec. 5. Minnesota Statutes 1996, section 201.12, 5.8 subdivision 2, is amended to read: 5.9 Subd. 2. [CHALLENGES.] Upon return of the notice by the 5.10 postal service, the county auditor or the auditor's staff 5.11 shallpersonallyascertain the name and address of that 5.12 individual. If the individual is no longer at the address 5.13 recorded in the statewide registration system, the county 5.14 auditor shall change the registrant's status to "challenged" in 5.15 the statewide registration system. An individual challenged in 5.16 accordance with this subdivision shall comply with the 5.17 provisions of section 204C.12, before being allowed to vote. If 5.18 a second notice mailed at least 60 days after the return of the 5.19 first notice is also returned by the postal service, the county 5.20 auditormay remove the registration card from the file andshall 5.21 change the registrant's status to "inactive" in the statewide 5.22 registration system. 5.23 Sec. 6. Minnesota Statutes 1996, section 201.121, 5.24 subdivision 1, is amended to read: 5.25 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] Upon 5.26 receiving a voter registration card properly completed and 5.27 submitted in accordance with sections 201.061 and 201.071, the 5.28 county auditor shall enter in theappropriate registration files5.29and in thestatewide registration system theregistration card5.30or theinformation contained on it. Voter registration cards 5.31 completed prior to election day must be entered into the 5.32 statewide registration system within ten days after they have 5.33 been submitted to the county auditor. 5.34 Upon receiving a completed voter registration card or form, 5.35 the secretary of state may electronically transmit the 5.36 information on the card or form to the appropriate county 6.1 auditor as soon as possible for review by the county auditor 6.2 before final entry into the statewide registration system. The 6.3 secretary of stateshallmay mail the registration card or form 6.4 to the county auditorfor placement in the appropriate files. 6.5 Sec. 7. Minnesota Statutes 1996, section 201.13, 6.6 subdivision 1, is amended to read: 6.7 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 6.8 DECEASED RESIDENTS.] The commissioner of health shall report 6.9 monthly to the secretary of state the name, address, date of 6.10 birth, and county of residence of each individual 18 years of 6.11 age or older who has died while maintaining residence in 6.12 Minnesota since the last previous report. The secretary of 6.13 state shall determine if any of the persons listed in the report 6.14 are registered to vote and shall prepare a list of those 6.15 registrants for each county auditor. Within 60 days after 6.16 receiving the list from the secretary of state, the county 6.17 auditor shall change the status of those registrants to 6.18 "deceased" in the statewide registration systemand remove from6.19the files the registration cards of the voters reported to be6.20deceased. 6.21 Sec. 8. Minnesota Statutes 1996, section 201.13, 6.22 subdivision 2, is amended to read: 6.23 Subd. 2. [VOTER REGISTRATION CARD REMOVAL FORDECEASED 6.24 NONRESIDENTS.]The county auditor may remove from the files the6.25voter registration cards of voters who have died outside of the6.26county,After receiving notice of death.of a voter who has died 6.27 outside the county, the county auditor shall change the voter's 6.28 status to "deceased." Notice must be in the form of a printed 6.29 obituary or a written statement signed by a registered voter of 6.30 the county.The county auditor shall also make the appropriate6.31changes in the database of the statewide registration system6.32when voter registration cards are removed from the files.6.33 Sec. 9. Minnesota Statutes 1996, section 201.15, is 6.34 amended to read: 6.35 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 6.36 COMMITMENTS.] 7.1 Subdivision 1. [GUARDIANSHIPS, INCOMPETENTS AND 7.2 PSYCHOPATHS.] The state court administratorin each countyshall 7.3 report monthly to thecounty auditorsecretary of state the name 7.4and, address, and date of birth of each individual 18 years of 7.5 age or over, whomaintains residence in that county and who,7.6 during the month preceding the date of the report: 7.7 (a) was placed under a guardianship of the person; 7.8 (b) was adjudged legally incompetent by reason of mental 7.9 illness, mental deficiency, or inebriation; or 7.10 (c) was adjudged a sexually dangerous person or a person 7.11 with a sexual psychopathic personality. 7.12 The court administrator shall also report the same 7.13 information for each individual transferred to the jurisdiction 7.14 of the court who meets a condition specified in clause (a), (b), 7.15 or (c).Upon receipt of the report, the county auditor shall7.16determine whether any individual named in the report is7.17registered to voteThe secretary of state shall determine if any 7.18 of the persons in the report is registered to vote and shall 7.19 prepare a list of those registrants for the county auditor. The 7.20 county auditor shall change the status on the record in the 7.21 statewide registration system of any individual named in the 7.22 report to indicate that the individual is not eligible to 7.23 reregister or vote. 7.24 Subd. 2. [RESTORATION TO CAPACITY.] Thedistrict judge in7.25each countystate court administrator shall report monthly to 7.26 thecounty auditorsecretary of state the nameand, address, 7.27 and date of birth of each individual transferred from 7.28 guardianship to conservatorship or who is restored to capacity 7.29 by the court after being ineligible to vote for any of the 7.30 reasons specified in subdivision 1.Upon notice from the judge7.31exercising probate jurisdiction of a restoration to capacity, or7.32of a transfer from guardianship to conservatorship,The 7.33 secretary of state shall determine if any of the persons in the 7.34 report is registered to vote and shall prepare a list of those 7.35 registrants for the county auditor. The county auditor shall 7.36 change the status on the voter's record in the statewide 8.1 registration system to "active." 8.2 Sec. 10. [201.155] [REPORT ON FELONY CONVICTIONS.] 8.3 The commissioner of corrections shall report monthly to the 8.4 secretary of state the name, address, date of birth, and 8.5 effective date of the sentence of each person who has been 8.6 convicted of a felony and each person previously convicted of a 8.7 felony whose civil rights have been restored. The secretary of 8.8 state shall determine if any of the persons in the report is 8.9 registered to vote and shall prepare a list of those registrants 8.10 for each county auditor. The county auditor shall change the 8.11 status of those registrants in the appropriate manner in the 8.12 statewide registration system. 8.13 Sec. 11. Minnesota Statutes 1996, section 201.161, is 8.14 amended to read: 8.15 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD8.16APPLICATIONSDUTIES OF DEPARTMENT OF PUBLIC SAFETY.] 8.17 Subdivision 1. [COMBINED APPLICATION FORMS.] The 8.18 department of public safety shall change its applications for an 8.19 original, duplicate, or change of address driver's license or 8.20 identification card so that the forms may also serve as voter 8.21 registration cards. The forms must contain spaces for the 8.22 information required in section 201.071, subdivision 1, and 8.23 applicable rules of the secretary of state. Applicants for 8.24 driver's licenses or identification cards must be asked if they 8.25 want to register to vote at the same time. A copy of each 8.26 application containing a completed voter registration must be 8.27 sent to the county auditor of the county in which the voter 8.28 maintains residence or to the secretary of state as soon as 8.29 possible. The computerized driver's license record information 8.30 relating to name, address, date of birth, driver's license 8.31 number, county, town, and city must be made available for access 8.32 by the secretary of state and interaction with the statewide 8.33 voter registration system. 8.34 Subd. 2. [REPORT ON DRIVER'S LICENSE CANCELLATIONS.] The 8.35 commissioner of public safety shall report monthly to the 8.36 secretary of state the name, address, and date of birth of 9.1 persons who the department of public safety can verify have 9.2 applied for a driver's license from another state or surrendered 9.3 a Minnesota driver's license. The secretary of state shall 9.4 determine if any of the persons in the report is registered to 9.5 vote and shall prepare a list of those registrants for each 9.6 county auditor. The county auditor shall remove those 9.7 registrants from the statewide registration system. 9.8 Sec. 12. Minnesota Statutes 1996, section 201.171, is 9.9 amended to read: 9.10 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 9.11 REGISTRATION REMOVED.] 9.12 Within six weeks after every election, the county auditor 9.13 shall post the voting history for every person who voted in the 9.14 election. After the close of the calendar year, the secretary 9.15 of state shall determine if any registrants have not voted 9.16 during the preceding four years and shall change the status of 9.17 those registrants to "inactive" in the statewide registration 9.18 system. The secretary of state shall also prepare a report to 9.19 the county auditor containing the names of all registrants whose 9.20 status was changed to "inactive." 9.21The county auditor shall remove the voter registration card9.22of any voter whose name appears on the report.Although not 9.23 counted in an election, a late absentee ballot must be 9.24 considered a vote for the purpose of continuing registration. 9.25 Sec. 13. Minnesota Statutes 1996, section 203B.01, is 9.26 amended by adding a subdivision to read: 9.27 Subd. 4. [HEALTH CARE FACILITY.] "Health care facility" 9.28 means a hospital or other entity licensed under sections 144.50 9.29 to 144.58 or a nursing home licensed to serve adults under 9.30 section 144A.02. 9.31 Sec. 14. Minnesota Statutes 1996, section 203B.03, 9.32 subdivision 1, is amended to read: 9.33 Subdivision 1. [VIOLATION.] No individual shall 9.34 intentionally: 9.35 (a) make or sign any false certificate required by this 9.36 chapter; 10.1 (b) make any false or untrue statement in any application 10.2 for absentee ballots; 10.3 (c) apply for absentee ballots more than once in any 10.4 election with the intent to cast an illegal ballot; 10.5 (d) exhibit a ballot marked by that individual to any other 10.6 individual; 10.7 (e) do any act in violation of the provisions of this 10.8 chapter for the purpose of casting an illegal vote in any 10.9 precinct or for the purpose of aiding another to cast an illegal 10.10 vote;or10.11 (f) use information from absentee ballot materials or 10.12 records for purposes unrelated to elections, political 10.13 activities, or law enforcement; or 10.14 (g) provide assistance to an absentee voter except in the 10.15 manner provided by section 204C.15, subdivision 1. 10.16 Before inspecting information from absentee ballot 10.17 materials or records, an individual shall provide identification 10.18 to the public official having custody of the material or 10.19 information. 10.20 Sec. 15. Minnesota Statutes 1996, section 203B.04, 10.21 subdivision 1, is amended to read: 10.22 Subdivision 1. [APPLICATION PROCEDURES.] Except as 10.23 otherwise allowed by subdivision 2, an application for absentee 10.24 ballots for any election may be submitted at any time not less 10.25 than one day before the day of that election. The county 10.26 auditor shall prepare absentee ballot application forms in the 10.27 format provided in the rules of the secretary of state and shall 10.28 furnish them to any person on request. An application submitted 10.29 pursuant to this subdivision shall be in writing and shall be 10.30 submitted to: 10.31 (a) the county auditor of the county where the applicant 10.32 maintains residence; or 10.33 (b) the municipal clerk of the municipality, or school 10.34 district if applicable, where the applicant maintains residence. 10.35 An application shall be accepted if it is signed and dated 10.36 by the applicant, contains the applicant's name and residence 11.1 and mailing addresses, and states that the applicant is eligible 11.2 to vote by absentee ballot for one of the reasons specified in 11.3 section 203B.02. An application may be submitted to the county 11.4 auditor or municipal clerk by an electronic facsimile device, at 11.5 the discretion of the auditor or clerk. An application mailed 11.6 or returned in person to the county auditor or municipal clerk 11.7 on behalf of a voter by a person other than the voter must be 11.8 deposited in the mail or returned in person to the county 11.9 auditor or municipal clerk within ten days after it has been 11.10 dated by the voter and no later than six days before the 11.11 election. The absentee ballot applications or a list of persons 11.12 applying for an absentee ballot may not be made available for 11.13 public inspection until the close of voting on election day. 11.14 Sec. 16. Minnesota Statutes 1996, section 203B.06, 11.15 subdivision 3, is amended to read: 11.16 Subd. 3. [DELIVERY OF BALLOTS.] If an application for 11.17 absentee ballots is accepted at a time when absentee ballots are 11.18 not yet available for distribution, the county auditor, or 11.19 municipal clerk accepting the application shall file it and as 11.20 soon as absentee ballots are available for distribution shall 11.21 mail them to the address specified in the application. If an 11.22 application for absentee ballots is accepted when absentee 11.23 ballots are available for distribution, the county auditor or 11.24 municipal clerk accepting the application shall promptly: 11.25 (a) Mail the ballots to the voter whose signature appears 11.26 on the application if the application is submitted by mail;or11.27 (b) Deliver the absentee ballots directly to the voter if 11.28 the application is submitted in person; or 11.29 (c) Deliver the absentee ballots in a sealed transmittal 11.30 envelope to an agent who has been designated to bring the 11.31 ballots to a voter who is a patient in a health care facility, 11.32 as provided in section 203B.11, subdivision 4. 11.33 If an application does not indicate the election for which 11.34 absentee ballots are sought, the county auditor or municipal 11.35 clerk shall mail or deliver only the ballots for the next 11.36 election occurring after receipt of the application. Only one 12.1 set of ballots may be mailed or delivered to an applicant for 12.2 any election, except as provided in section 203B.13, subdivision 12.3 2, or when a replacement ballot has been requested by the voter 12.4 for a ballot that has been spoiled or lost in transit. 12.5This subdivision does not apply to applications for12.6absentee ballots received pursuant to sections 203B.04,12.7subdivision 2, and 203B.11.12.8 Sec. 17. Minnesota Statutes 1996, section 203B.08, 12.9 subdivision 1, is amended to read: 12.10 Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible 12.11 voter who receives absentee ballots as provided in this chapter 12.12 shall mark them in the manner specified in the directions for 12.13 casting the absentee ballots. The return envelope containing 12.14 marked ballots may be mailed as provided in the directions for 12.15 casting the absentee ballots or may be left with the county 12.16 auditor or municipal clerk who transmitted the absentee ballots 12.17 to the voter. 12.18 The voter may designate an agent to deliver in person the 12.19 sealed absentee ballot return envelope to the county auditor or 12.20 municipal clerk or to deposit the return envelope in the mail. 12.21 An agent may deliver or mail the return envelopes of not more 12.22 than three voters in any election. Any person designated as an 12.23 agent who tampers with either the return envelope or the voted 12.24 ballots or does not immediately mail or deliver the return 12.25 envelope to the county auditor or municipal clerk is guilty of a 12.26 misdemeanor. 12.27 Sec. 18. [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN 12.28 PERSON.] 12.29 An eligible voter may vote by absentee ballot in the office 12.30 of the county auditor and at any other polling place designated 12.31 by the county auditor during the 30 days before the election. 12.32 At least one voting booth in each polling place must be made 12.33 available by the county auditor for this purpose. 12.34 Sec. 19. Minnesota Statutes 1996, section 203B.11, 12.35 subdivision 1, is amended to read: 12.36 Subdivision 1. [GENERALLY.] Each full-time municipal clerk 13.1 who has authority under section 203B.05 to administer absentee 13.2 voting laws shall designate election judges to deliver absentee 13.3 ballots in accordance with this section. The county auditor may 13.4 also designate election judges to perform the duties in this 13.5 section. A ballot may be delivered only to an eligible voter 13.6 who is a temporary or permanent resident or patient in a health 13.7 care facility or hospital located in the municipality in which 13.8 the voter maintains residence. The ballots shall be delivered 13.9 by two election judges, each of whom is affiliated with a 13.10 different major political party. When the election judges 13.11 deliver or return ballots as provided in this section, they 13.12 shall travel together in the same vehicle. Both election judges 13.13 shall be present when an applicant completes the certificate of 13.14 eligibility and marks the absentee ballots, and may assist an 13.15 applicant as provided in section 204C.15. The election judges 13.16 shall deposit the return envelopes containing the marked 13.17 absentee ballots in a sealed container and return them to the 13.18 clerk on the same day that they are delivered and marked. 13.19 Sec. 20. Minnesota Statutes 1996, section 203B.11, is 13.20 amended by adding a subdivision to read: 13.21 Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days 13.22 preceding an election and until 4:00 p.m. on election day, an 13.23 eligible voter who is a patient of a health care facility may 13.24 designate an agent to deliver the ballots to the voter from the 13.25 county auditor or municipal clerk. The voted ballots must be 13.26 returned to the county auditor or municipal clerk no later than 13.27 5:00 p.m. on election day. The voter must complete an affidavit 13.28 requesting the auditor or clerk to provide the agent with the 13.29 ballots in a sealed transmittal envelope. The affidavit must 13.30 include a statement from the voter stating that the ballots were 13.31 delivered to the voter by the agent in the sealed transmittal 13.32 envelope. An agent may deliver ballots to no more than three 13.33 persons in any election. The secretary of state shall provide 13.34 samples of the affidavit and transmission envelope for use by 13.35 the county auditors. 13.36 Sec. 21. Minnesota Statutes 1996, section 203B.12, 14.1 subdivision 2, is amended to read: 14.2 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 14.3 election judges shall examine each return envelope and shall 14.4 mark it accepted or rejected in the manner provided in this 14.5 subdivision. If a ballot has been prepared under section 14.6 204B.12, subdivision 2a, or 204B.41, the election judges shall 14.7 not begin removing ballot envelopes from the return envelopes 14.8 until 8:00 p.m. on election day, either in the polling place or 14.9 at an absentee ballot board established under section 203B.13. 14.10 The election judges shall mark the return envelope 14.11 "Accepted" and initial or sign the return envelope below the 14.12 word "Accepted" if the election judges or a majority of them are 14.13 satisfied that: 14.14 (1) the voter's name and address on the return envelope are 14.15 the same as the information provided on the absentee ballot 14.16 application; 14.17(a)(2) the voter's signature on the return envelope is the 14.18 genuine signature of the individual who made the application for 14.19 ballots and the certificate has been completed as prescribed in 14.20 the directions for casting an absentee ballot; 14.21(b)(3) the voter is registered and eligible to vote in the 14.22 precinct or has included a properly completed registration card 14.23 in the return envelope; and 14.24(c)(4) the voter has not already voted at that election, 14.25 either in person or by absentee ballot. 14.26 The return envelope from accepted ballots must be preserved 14.27 and returned to the county auditor. 14.28 If all or a majority of the election judges examining 14.29 return envelopes find that an absent voter has failed to meet 14.30 one of the requirements prescribed in clauses(a)(1) to 14.31(c)(4), they shall mark the return envelope "Rejected," initial 14.32 or sign it below the word "Rejected," and return it to the 14.33 county auditor. 14.34 Sec. 22. Minnesota Statutes 1996, section 203B.12, is 14.35 amended by adding a subdivision to read: 14.36 Subd. 7. [NAMES OF PERSONS SUBMITTING ABSENTEE 15.1 BALLOTS.] The names of voters who have submitted an absentee 15.2 ballot return envelope to the county auditor or municipal clerk 15.3 may not be made available for public inspection until the close 15.4 of voting on election day. 15.5 Sec. 23. Minnesota Statutes 1996, section 203B.13, 15.6 subdivision 1, is amended to read: 15.7 Subdivision 1. [ESTABLISHMENT.] The governing body of 15.8 any county that has established a counting center as provided in 15.9 section 206.85, subdivision 2, any municipalitymay by15.10ordinance, orthe school board ofany school district may 15.11 by ordinance or resolution, authorize an absentee ballot board. 15.12 The board shall consist of a sufficient number of election 15.13 judges appointed as provided in sections 204B.19 to 204B.22. 15.14 Sec. 24. Minnesota Statutes 1996, section 203B.13, 15.15 subdivision 2, is amended to read: 15.16 Subd. 2. [DUTIES.] The absentee ballot board may do any of 15.17 the following: 15.18 (a) Receive from each precinct in the municipality or 15.19 school district all ballot envelopes marked "Accepted" by the 15.20 election judges; provided that the governing body of a 15.21 municipality or the school board of a school district may 15.22 authorize the board to examine all return absentee ballot 15.23 envelopes and receive or reject absentee ballots in the manner 15.24 provided in section 203B.12; 15.25 (b) Open and count the absentee ballots, tabulating the 15.26 vote in a manner that indicates each vote of the absentee voter 15.27 and the total absentee vote cast for each candidate or question 15.28 in each precinct; or 15.29 (c) Report the vote totals tabulated for each precinct. 15.30 The absentee ballot board may begin the process of 15.31 examining the return envelopes and marking them "accepted" or 15.32 "rejected" at any time during the 30 days before the election. 15.33 If an envelope has been rejected at least five days before the 15.34 election, the ballots in the envelope must be considered spoiled 15.35 ballots and the official in charge of the absentee ballot board 15.36 shall provide the voter with a replacement absentee ballot and 16.1 return envelope in place of the spoiled ballot. The secretary 16.2 of state shall provide samples of the replacement ballot and 16.3 return envelope for use by the county auditor. 16.4 Sec. 25. Minnesota Statutes 1996, section 203B.16, is 16.5 amended by adding a subdivision to read: 16.6 Subd. 3. [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 16.7 shall administer the duties of the county auditor in sections 16.8 203B.16 to 203B.27 for municipal elections not held on the same 16.9 day as a state or county election. 16.10 Sec. 26. Minnesota Statutes 1996, section 203B.19, is 16.11 amended to read: 16.12 203B.19 [RECORDING APPLICATIONS.] 16.13 Upon accepting an application, the county auditor shall 16.14 recordin a permanent registerthe voter's name, address of 16.15 present or former residence in Minnesota, mailing address, 16.16 school district number, and the category under section 203B.16, 16.17 to which the voter belongs.After recording this information,16.18 The county auditor shall retain theapplicationrecord fortwo16.19 four yearsafter the date of the next general election. A voter 16.20 whose name is recorded as provided in this section shall not be 16.21 required to register under any other provision of law in order 16.22 to vote under sections 203B.16 to 203B.27. 16.23 Sec. 27. Minnesota Statutes 1996, section 204B.06, is 16.24 amended by adding a subdivision to read: 16.25 Subd. 8. [PROOF OF ELIGIBILITY.] A candidate for judicial 16.26 office or for the office of county attorney shall submit with 16.27 the affidavit of candidacy proof that the candidate is licensed 16.28 to practice law in this state. 16.29 A candidate for county sheriff shall submit with the 16.30 affidavit of candidacy proof of licensure as a peace officer in 16.31 this state. 16.32 Sec. 28. Minnesota Statutes 1996, section 204B.146, is 16.33 amended to read: 16.34 204B.146 [DUTIES OF SECRETARY OF STATE.] 16.35 Subdivision 1. [REDISTRICTING.] The secretary of state 16.36 shall conduct conferences with the county auditors, municipal 17.1 clerks, and school district clerks to instruct them on the 17.2 procedures for redistricting of election districts and 17.3 establishment of election precincts in the year ending in one. 17.4 Subd. 2. [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 17.5 secretary of state shall maintain a computer database of 17.6 precinct and election district boundaries. The secretary of 17.7 state shall revise the information in the database whenever a 17.8 precinct or election district boundary is changed. The 17.9 secretary of state shall prepare maps illustrating precinct and 17.10 election district boundaries in either paper or electronic 17.11 formats and make them available to the public at the cost of 17.12 production. 17.13 The secretary of state may authorize municipalities and 17.14 counties to provide updated precinct and election district 17.15 boundary information in electronic formats. 17.16 The secretary of state shall provide periodic updates of 17.17 precinct and election district boundaries to the legislative 17.18 coordinating commission, the state demographer, and the land 17.19 management information center. 17.20 At least 30 days before the state primary, the secretary of 17.21 state shall provide the county auditor with maps of each 17.22 precinct in municipalities with more than one precinct. The 17.23 county auditor shall forward the maps to the appropriate 17.24 municipal clerks, who shall post the map in the polling place on 17.25 the day of the state primary and the state general election. 17.26 Sec. 29. Minnesota Statutes 1996, section 204B.15, is 17.27 amended to read: 17.28 204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 17.29 A county board, at its meeting in either January or July,17.30upon the petition of not less than ten eligible voters residing17.31in unorganized territory more than ten miles from the polling17.32place in any established precinct, shallmay establishanew 17.33 electionprecinctprecincts to serve the residents of 17.34 unorganized territories. The board shall designate a polling 17.35 place for the new precinct that is convenient for the 17.36 individuals residing in it.No polling place designated under18.1this section shall be located within ten miles of an existing18.2polling place.18.3 Sec. 30. Minnesota Statutes 1996, section 204B.16, 18.4 subdivision 1a, is amended to read: 18.5 Subd. 1a. [NOTICE TO VOTERS.] If the location of a polling 18.6 place has been changed, the governing body establishing the 18.7 polling place shall sendeachto every affected household with 18.8 at least one registered voter in theaffectedprecinct a 18.9 nonforwardable mailed notice stating the location of the new 18.10 polling place at least 25 days before the next election. The 18.11 secretary of state shall prepare a sample of this notice. A 18.12 notice that is returned as undeliverable must be forwarded 18.13 immediately to the county auditor, who shall change the18.14registrant's status to "challenged" in the statewide18.15registration system. This subdivision does not apply to a 18.16 polling place location that is changed on election day under 18.17 section 204B.17. 18.18 Sec. 31. Minnesota Statutes 1996, section 204B.16, 18.19 subdivision 3, is amended to read: 18.20 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 18.21 designation of a polling place pursuant to this section shall 18.22 remain effective until a different polling place is designated 18.23 for that precinct. No designation of a new or different polling 18.24 place shall become effective less than3090 days prior to an 18.25 election and no polling place changes may occur during the 18.26 period between the state primary and the state general election, 18.27 except that a new polling place may be designated to replace a 18.28 polling place that has become unavailable for use. 18.29 Sec. 32. Minnesota Statutes 1996, section 204B.22, 18.30 subdivision 1, is amended to read: 18.31 Subdivision 1. [MINIMUM NUMBER REQUIRED.] A minimum of 18.32 three election judges shall be appointed for each precinct. In 18.33 a combined polling place under section 204B.14, subdivision 2, 18.34 at least one judge must be appointed from each municipality in 18.35 the combined polling place, provided that not less than three 18.36 judges shall be appointed for each combined polling place. The 19.1 appointing authorities may appoint election judges for any 19.2 precinct in addition to the number required by this subdivision 19.3 including additional election judges to count ballots after 19.4 voting has ended. An election judge may serve for all or part 19.5 of election day, at the discretion of the appointing authority, 19.6 as long as the minimum number of judges required is always 19.7 present. 19.8 Sec. 33. Minnesota Statutes 1996, section 204B.23, is 19.9 amended to read: 19.10 204B.23 [VACANCIES AMONG ELECTION JUDGES.] 19.11 A vacancy on an election board occurs when any election 19.12 judge who is a member of that board: 19.13 (a) Fails to arrive at the polling place within 30 minutes 19.14 after the time when the polling place is scheduled to open; 19.15 (b) Becomes unable to perform the duties of the office 19.16 after assuming those duties; or 19.17 (c) For any reason fails or refuses to perform the duties 19.18 of the office as assigned by the chair of the election board. 19.19 When a vacancy occurs, the remaining election judges of the 19.20 precinct shall elect an individual to fill the vacancy subject 19.21 to the provisions of section 204B.19. When possible the 19.22 election judges shall elect individuals who have been trained as 19.23 election judges pursuant to section 204B.25. The oath signed by 19.24 the new election judge shall indicate that the new election 19.25 judge was elected to fill a vacancy. The municipal clerk may 19.26 assign election judges to fill vacancies as they occur. 19.27 Sec. 34. Minnesota Statutes 1996, section 204B.27, is 19.28 amended by adding a subdivision to read: 19.29 Subd. 9. [ELECTION SUPPLY CONTRACT.] The secretary of 19.30 state may enter into a statewide contract from which any county 19.31 auditor may purchase ballots, forms, or other election supplies. 19.32 Sec. 35. Minnesota Statutes 1996, section 204B.31, is 19.33 amended to read: 19.34 204B.31 [COMPENSATION FOR ELECTION SERVICES.] 19.35 Subdivision 1. [COMPENSATION.] The compensation for 19.36 services performed under the Minnesota election law shall be as 20.1 follows: 20.2 (a) To presidential electors from funds appropriated to the 20.3 secretary of state for this purpose, $35 for each day of 20.4 attendance at the capitol and mileage for travel to and from the 20.5 capitol in the amount allowed for state employees in accordance 20.6 with section 43A.18, subdivision 2; 20.7 (b) To individuals, other than county, city, school 20.8 district, or town employees during their normal work day, who 20.9 are appointed by the county auditor to carry ballots to or from 20.10 the county auditor's office, a sum not less than the prevailing 20.11 Minnesota minimum wage for each hour spent in carrying ballots 20.12 and mileage in the amount allowed pursuant to section 471.665, 20.13 subdivision 1; 20.14 (c) To members of county canvassing boards, a sum not less 20.15 than the prevailing Minnesota minimum wage for each hour 20.16 necessarily spent and an amount for each mile of necessary 20.17 travel equal to the amount allowed pursuant to section 471.665, 20.18 subdivision 1; 20.19 (d) To election judges serving in any city, an amount fixed 20.20 by the governing body of the city; to election judges serving in 20.21 any school district election which is not held in conjunction 20.22 with a state election, an amount fixed by the school board of 20.23 the school district; to election judges serving in unorganized 20.24 territory, an amount fixed by the county board; and to election 20.25 judges serving in towns, an amount fixed by the town board. 20.26 Election judges shall receive at least the prevailing Minnesota 20.27 minimum wage for each hour spent carrying out their duties at 20.28 the polling places and in attending training sessions required 20.29 by section 204B.25, except as provided in subdivisions 2 and 3. 20.30 An election judge who travels to pick up election supplies or to 20.31 deliver election returns to the county auditor shall receive, in 20.32 addition to other compensation authorized by this section, a sum 20.33 not less than the prevailing Minnesota minimum wage for each 20.34 hour spent performing these duties, plus mileage in the same 20.35 amount as allowed pursuant to section 471.665, subdivision 1; 20.36 and 21.1 (e) To sergeants at arms, an amount for each hour of 21.2 service performed at the direction of the election judges, fixed 21.3 in the same manner as compensation for election judges. 21.4 Subd. 2. [VOLUNTEER SERVICE.] Any person appointed to 21.5 serve as an election judge may elect to serve without payment by 21.6 submitting a written statement to the appropriate governing body 21.7 no later than ten days before the election. 21.8 Subd. 3. [CONTRACT FOR ELECTION JUDGES.] Any governing 21.9 body responsible for appointment of election judges may enter 21.10 into a contract or agreement for the recruitment of election 21.11 judges with a nonprofit charitable, civic, public service, 21.12 fraternal, or veterans organization that does not engage in 21.13 lobbying and does not support or oppose the nomination or 21.14 election of a candidate for political office or the passage of a 21.15 ballot question. The contract or agreement must state the 21.16 hourly compensation of the election judges to be provided to the 21.17 governing body for appointment. The governing body may pay the 21.18 nonprofit organization directly for the services of the election 21.19 judges provided by the organization in lieu of direct payment to 21.20 the election judges. 21.21 Sec. 36. Minnesota Statutes 1996, section 204B.36, 21.22 subdivision 2, is amended to read: 21.23 Subd. 2. [CANDIDATES AND OFFICES.] The name of each 21.24 candidate shall be printed at a right angle to the length of the 21.25 ballot. At a general election the name of the political party 21.26 or the political principle of each candidate for partisan office 21.27 shall be printed above or below the name of the candidate. The 21.28 name of a political party or a political principle shall be 21.29 printed in capital and lower case letters of the same type, with 21.30 the capital letters at least one-half the height of the capital 21.31 letters used for names of the candidates. At a general 21.32 election, blank lines containing the words "write-in, if any" 21.33 shall be printed below the name of the last candidate for each 21.34 office, or below the title of the office if no candidate has 21.35 filed for that office, so that a voter may write in the names of 21.36 individuals whose names are not on the ballot. One blank line 22.1 shall be printed for each officer of that kind to be elected. 22.2 At a primary election, no blank lines shall be provided for 22.3 writing in the names of individuals whose names do not appear on 22.4 the primary ballot. 22.5 On the left side of the ballot at the same level with the 22.6 name of each candidate and each blank line shall be printed a 22.7 square in which the voter may designate a vote by a mark (X). 22.8 Each square shall be the same size. Above the first name on 22.9 each ballot shall be printed the words, "Put an (X) in the 22.10 square opposite the name of each candidate you wish to vote 22.11 for." At the same level with these words and directly above the 22.12 squares shall be printed a small arrow pointing downward. 22.13 Directly underneath the official title of each office shall be 22.14 printed the words "Vote for one" or "Vote for up to ..." (any 22.15 greater number to be elected). 22.16 Sec. 37. [204B.47] [ALTERNATE ELECTION PROCEDURES; DUTIES 22.17 OF SECRETARY OF STATE.] 22.18 When any provision of the Minnesota election law cannot be 22.19 implemented as a result of an order or decision of a state or 22.20 federal court, the secretary of state shall adopt alternate 22.21 election procedures to permit the administration of any election 22.22 affected by such actions. The alternate procedures shall remain 22.23 in effect until the last day of July following the final 22.24 adjournment of the subsequent session of the legislature, unless 22.25 otherwise provided by the legislature or by court order. 22.26 Sec. 38. Minnesota Statutes 1996, section 204C.08, is 22.27 amended by adding a subdivision to read: 22.28 Subd. 2a. [SAMPLE BALLOTS.] A sample ballot must be posted 22.29 in a conspicuous location in the polling place. The sample 22.30 ballot must accurately reflect the offices, candidates, and 22.31 rotation sequence on the ballots used in that polling place. 22.32 Sec. 39. Minnesota Statutes 1996, section 204C.15, 22.33 subdivision 1, is amended to read: 22.34 Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN 22.35 MARKING BALLOTS.] A voter who claimsunder oatha need for 22.36 assistance because of inability to read English or physical 23.1 inability to mark a ballot may obtain the aid of two election 23.2 judges who are members of different major political parties. 23.3 The election judges shall mark the ballots as directed by the 23.4 voter and in as secret a manner as circumstances permit. If the 23.5 voter is deaf or cannot speak English or understand it when it 23.6 is spoken, the election judges may select two individuals who 23.7 are members of different major political parties to act as 23.8 interpreters. The interpretersshall take an oath similar to23.9that taken by election judges, andshall assist the individual 23.10 in marking the ballots. A voter in need of assistance may 23.11 alternatively obtain the assistance of any individual the voter 23.12 chooses.The individual who assists the voter shall take an23.13oath of eligibility to do so.Only the following persons may 23.14 not provide assistance to a voter: the voter's employer, an 23.15 agent of the voter's employer, an officer or agent of the 23.16 voter's union, or a candidate for election. The person who 23.17 assists the voter shall, unaccompanied by an election judge, 23.18 retire with that voter to a booth and mark the ballot as 23.19 directed by the voter. No person who assists another voter as 23.20 provided in the preceding sentence shall mark the ballots of 23.21 more than three voters at one election. Before the ballots are 23.22 deposited, the voter may show them privately to an election 23.23 judge to ascertain that they are marked as the voter directed. 23.24 An election judge or other individual assisting a voter shall 23.25 not in any manner request, persuade, induce, or attempt to 23.26 persuade or induce the voter to vote for any particular 23.27 political party or candidate. The election judges or other 23.28 individuals who assist the voter shall not reveal to anyone the 23.29 name of any candidate for whom the voter has voted or anything 23.30 that took place while assisting the voter. 23.31 Sec. 40. Minnesota Statutes 1996, section 204C.31, 23.32 subdivision 2, is amended to read: 23.33 Subd. 2. [STATE CANVASSING BOARD.] The state canvassing 23.34 board shall consist of the secretary of state, two judges of the 23.35 supreme courtor the court of appeals, and two judges of the 23.36 district court selected by the secretary of state. None of the 24.1 judges shall be a candidate at the election. If a judge fails 24.2 to appear at the meeting of the canvassing board, the secretary 24.3 of state shall fill the vacancy in membership by selecting 24.4 another judge who is not a candidate at the election. Not more 24.5 than two judges of the supreme court shall serve on the 24.6 canvassing board at one time. 24.7 Sec. 41. Minnesota Statutes 1996, section 204C.32, is 24.8 amended to read: 24.9 204C.32 [CANVASS OF STATE PRIMARIES.] 24.10 Subdivision 1. [COUNTY CANVASS.] The county canvassing 24.11 board shall meet at the county auditor's officeat 10:00 a.m.on 24.12 or before the third day following the state primary. After 24.13 taking the oath of office, the canvassing board shall publicly 24.14 canvass the election returns delivered to the county auditor. 24.15 The board shall complete the canvassby the evening of the sixth24.16day following the electionno later than the third day following 24.17 the state primary and shall promptly prepare and file with the 24.18 county auditor a report that states: 24.19 (a) The number of individuals voting at the election in the 24.20 county, and in each precinct; 24.21 (b) The number of individuals registering to vote on 24.22 election day and the number of individuals registered before 24.23 election day in each precinct; 24.24 (c) For each major political party, the names of the 24.25 candidates running for each partisan office and the number of 24.26 votes received by each candidate in the county and in each 24.27 precinct; 24.28 (d) The names of the candidates of each major political 24.29 party who are nominated; and 24.30 (e) The number of votes received by each of the candidates 24.31 for nonpartisan office in each precinct in the county and the 24.32 names of the candidates nominated for nonpartisan office. 24.33 Upon completion of the canvass, the county auditor shall 24.34 mail or deliver a notice of nomination to each nominee voted for 24.35 only in that county. The county auditor shall transmit one of 24.36 the certified copies of the county canvassing board report for 25.1 state and federal offices to the secretary of state by express 25.2 mail or similar service immediately upon conclusion of the 25.3 county canvass. 25.4 Subd. 2. [STATE CANVASS.] The state canvassing board shall 25.5 meet at the secretary of state's officeon the second25.6Fridayseven days after the state primary to canvass the 25.7 certified copies of the county canvassing board reports received 25.8 from the county auditors.No later than two daysImmediately 25.9 after the canvassing board declares the results, the secretary 25.10 of state shall certify the names of the nominees to the county 25.11 auditorsand. The secretary of state shall mail to each nominee 25.12 a notice of nomination. 25.13 Sec. 42. Minnesota Statutes 1996, section 204C.33, 25.14 subdivision 1, is amended to read: 25.15 Subdivision 1. [COUNTY CANVASS.] The county canvassing 25.16 board shall meet at the county auditor's office on or before the 25.17thirdseventh day following the state general election. After 25.18 taking the oath of office, the board shall promptly and publicly 25.19 canvass the general election returns delivered to the county 25.20 auditor. Upon completion of the canvass, the board shall 25.21 promptly prepare and file with the county auditor a report which 25.22 states: 25.23 (a) The number of individuals voting at the election in the 25.24 county and in each precinct; 25.25 (b) The number of individuals registering to vote on 25.26 election day and the number of individuals registered before 25.27 election day in each precinct; 25.28 (c) The names of the candidates for each office and the 25.29 number of votes received by each candidate in the county and in 25.30 each precinct; 25.31 (d) The number of votes counted for and against a proposed 25.32 change of county lines or county seat; and 25.33 (e) The number of votes counted for and against a 25.34 constitutional amendment or other question in the county and in 25.35 each precinct. 25.36 The result of write-in votes cast on the general election 26.1 ballots must be compiled by the county auditor prior to the 26.2 county canvass. The county auditor shall arrange for each 26.3 municipality to provide an adequate number of election judges to 26.4 perform this duty or the county auditor may appoint additional 26.5 election judges for this purpose. The county auditor may open 26.6 the envelopes or containers in which the voted ballots have been 26.7 sealed in order to count and record the write-in votes and must 26.8 reseal the voted ballots at the conclusion of this process. 26.9 Upon completion of the canvass, the county canvassing board 26.10 shall declare the candidate duly elected who received the 26.11 highest number of votes for each county and state office voted 26.12 for only within the county.The county auditor shall promptly26.13certify to the secretary of state the vote reported by the26.14county canvassing board for candidates voted for in more than26.15one county.The county auditor shall transmit one of the 26.16 certified copies of the county canvassing board report for state 26.17 and federal offices to the secretary of state by express mail or 26.18 similar service immediately upon conclusion of the county 26.19 canvass. 26.20 Sec. 43. Minnesota Statutes 1996, section 205.10, 26.21 subdivision 3, is amended to read: 26.22 Subd. 3. [PROHIBITION.] No special election shall be held 26.23 under this section on the second Tuesday in December and no 26.24 special election authorized under subdivision 1 may be held 26.25 within 60 days after the state general election. 26.26 Sec. 44. Minnesota Statutes 1996, section 205.13, 26.27 subdivision 1, is amended to read: 26.28 Subdivision 1. [AFFIDAVIT OF CANDIDACY.] An individual who 26.29 is eligible and desires to become a candidate for an office to 26.30 be voted for at the municipal general election shall file an 26.31 affidavit of candidacy with the municipal clerk. Subject to the 26.32 approval of the county auditor, the town clerk may authorize 26.33 candidates for township offices to file affidavits of candidacy 26.34 with the county auditor. The affidavit shall be in 26.35 substantially the same form as that in section 204B.06, 26.36 subdivision 1. The municipal clerk shall also accept an 27.1 application signed by not less than five voters and filed on 27.2 behalf of an eligible voter in the municipality whom they desire 27.3 to be a candidate, if service of a copy of the application has 27.4 been made on the candidate and proof of service is endorsed on 27.5 the application being filed. Upon receipt of the proper filing 27.6 fee, the clerk shall place the name of the candidate on the 27.7 official ballot without partisan designation. 27.8 Sec. 45. Minnesota Statutes 1996, section 205.17, is 27.9 amended by adding a subdivision to read: 27.10 Subd. 6. [FORM OF BALLOT.] The ballots for municipal 27.11 elections must be prepared by the municipal clerk in the manner 27.12 provided in the rules of the secretary of state. 27.13 Sec. 46. Minnesota Statutes 1996, section 205A.05, 27.14 subdivision 1, is amended to read: 27.15 Subdivision 1. [QUESTIONS.] Special elections must be held 27.16 for a school district on a question on which the voters are 27.17 authorized by law to pass judgment. The school board may on its 27.18 own motion call a special election to vote on any matter 27.19 requiring approval of the voters of a district. Upon petition 27.20 of 50 or more voters of the school district or five percent of 27.21 the number of voters voting at the preceding regular school 27.22 district election, the school board shall by resolution call a 27.23 special election to vote on any matter requiring approval of the 27.24 voters of a district. A question is carried only with the 27.25 majority in its favor required by law. The election officials 27.26 for a special election are the same as for the most recent 27.27 school district general election unless changed according to 27.28 law. Otherwise, special elections must be conducted and the 27.29 returns made in the manner provided for the school district 27.30 general election. A special election may not be held during the 27.31 30 days before and the 30 days after the state primaryor, 27.32 during the 30 days before and the 60 days after the state 27.33 general election, or on the second Tuesday in December. In 27.34 addition, a special election may not be held during the 20 days 27.35 before and the 20 days after any regularly scheduled election of 27.36 a municipality wholly or partially within the school district. 28.1 Notwithstanding any other law to the contrary, the time period 28.2 in which a special election must be conducted under any other 28.3 law may be extended by the school board to conform with the 28.4 requirements of this subdivision. 28.5 Sec. 47. Minnesota Statutes 1996, section 205A.08, is 28.6 amended by adding a subdivision to read: 28.7 Subd. 5. [FORM OF BALLOT.] The ballots for school district 28.8 elections must be prepared by the school district clerk in the 28.9 manner provided in the rules of the secretary of state. 28.10 Sec. 48. Minnesota Statutes 1996, section 206.55, is 28.11 amended to read: 28.12 206.55 [MINNESOTA ELECTION LAW APPLIES.] 28.13 The use oflever voting machines andelectronic voting 28.14 systems is governed by sections 206.55 to206.87206.90 and by 28.15 all other provisions of the Minnesota election law which are not 28.16 inconsistent with sections 206.55 to206.87206.90. 28.17 Sec. 49. Minnesota Statutes 1996, section 206.56, 28.18 subdivision 1, is amended to read: 28.19 Subdivision 1. [SCOPE.] The definitions in chapter 200 and 28.20 in this section apply to sections 206.55 to206.87206.90. 28.21 Sec. 50. Minnesota Statutes 1996, section 206.56, 28.22 subdivision 3, is amended to read: 28.23 Subd. 3. [BALLOT.] "Ballot" includesballot strips,ballot 28.24 cards, ballot booklets,and paper ballots. 28.25 Sec. 51. Minnesota Statutes 1996, section 206.56, 28.26 subdivision 5, is amended to read: 28.27 Subd. 5. [BALLOT CARD.] "Ballot card" means a ballotwhich28.28is voted by the process of punching orwhich is marked so that 28.29 votes may be counted by automatic tabulating equipment. 28.30 Sec. 52. Minnesota Statutes 1996, section 206.56, 28.31 subdivision 8, is amended to read: 28.32 Subd. 8. [ELECTRONIC VOTING SYSTEM.] "Electronic voting 28.33 system" means a system in which the voter records votes by means 28.34 of markingor punchinga ballot, which is designed so that votes 28.35 may be counted by automatic tabulating equipment at a counting 28.36 center. 29.1 Sec. 53. Minnesota Statutes 1996, section 206.56, 29.2 subdivision 9, is amended to read: 29.3 Subd. 9. [MARKING DEVICE.] "Marking device" meanseither29.4an apparatus in which ballot cards are inserted and used in29.5connection with a punch instrument for the piercing of the29.6ballot cards by the voter orany approved device for marking a 29.7paperballot with ink or other substance which will enable the 29.8 ballot to be tabulated by means of automatic tabulating 29.9 equipment.The mark made by the marking device may be in the29.10form of a round dot, a square, or any other shape that will29.11clearly indicate the intent of the voter.29.12 Sec. 54. Minnesota Statutes 1996, section 206.57, is 29.13 amended to read: 29.14 206.57 [EXAMINATION OF NEW VOTING SYSTEMS.] 29.15 Subdivision 1. [EXAMINATION AND REPORT BY SECRETARY OF 29.16 STATE; APPROVAL.] A vendor ofa lever voting machine oran 29.17 electronic voting system may apply to the secretary of state to 29.18 examine themachine orsystem and to report as to its compliance 29.19 with the requirements of law and as to its accuracy, durability, 29.20 efficiency, and capacity to register the will of voters. The 29.21 secretary of state or a designee shall examine themachine or29.22 system submitted and file a report on it in the office of the 29.23 secretary of state. Examination is not required of every 29.24 individual machine or counting device, but only of each type of 29.25lever voting machine orelectronic voting system before its 29.26 adoption, use, or purchase and before its continued use after 29.27 significant changes have been made in an approvedmachine or29.28 system. The examination must include the ballot programming, 29.29 vote counting, and vote accumulation functions of each voting 29.30machine orsystem. 29.31 If the report of the secretary of state or the secretary's 29.32 designee concludes that the kind ofmachine orsystem examined 29.33 complies with the requirements of sections 206.55 to 206.90 and 29.34 can be used safely, themachine orsystem shall be deemed 29.35 approved by the secretary of state, and may be adopted and 29.36 purchased for use at elections in this state. A votingmachine30.1orsystem not approved by the secretary of state may not be used 30.2 at an election in this state. The secretary of state may adopt 30.3 permanent rules consistent with sections 206.55 to 206.90 30.4 relating to the examination and use ofvoting machines and30.5 electronic voting systems. 30.6 Subd. 2. [EXAMINATION FEE.] The secretary of state may 30.7 assess a fee to accompany the application to cover the actual 30.8 and necessary costs for the examinations and licenses provided 30.9 for in this section. The feeshallmust be deposited in the 30.10 state treasury. The expenses of administering this 30.11 sectionshallmust be paid fromtheappropriationsmadeto the 30.12 secretary of state. 30.13 Subd. 4. [VENDOR BONDS.] Vendors oflever voting machines30.14orelectronic voting systems shall certify to the secretary of 30.15 state that they will not offer for saleany voting machine ora 30.16 system which is not certified for use in Minnesota elections. 30.17 The vendor shall furnish a bond in the amount of $5,000 along 30.18 with the certification to the secretary of state conditioned on 30.19 offering the equipment for sale in accordance with Minnesota 30.20 election laws and any conditions of the approval of the 30.21 equipment granted as provided in this section. 30.22 Sec. 55. Minnesota Statutes 1996, section 206.58, is 30.23 amended to read: 30.24 206.58 [AUTHORIZATION FOR USE.] 30.25 Subdivision 1. [MUNICIPALITIES.] The governing body of a 30.26 municipality, at a regular meeting or at a special meeting 30.27 called for the purpose, may provide for the use oflever voting30.28machines or, by the affirmative vote of two-thirds of its30.29members, may provide for the use ofan electronic voting system,30.30 in one or more precincts and at all elections in the precincts, 30.31 subject to approval by the county auditor. The governing body 30.32 shall disseminate information to the public about the use of a 30.33 new voting system at least 60 days prior to the election and 30.34 shall provide for instruction of voters with a demonstration 30.35 votingmachine or devicesystem in a public place for the six 30.36 weeks immediately prior to the first election at which the new 31.1 voting system will be used. 31.2If a machine is designed in a way that does not allow31.3voting on all candidates and issues pursuant to this chapter,31.4the machines may be used to the extent compliance with this31.5chapter is possible and paper ballots complying with election31.6laws shall be used for all other offices and issues.Nomachine31.7orsystemshallmay be adopted or used unless it has been 31.8 approved by the secretary of state pursuant to section 206.57. 31.9 Subd. 2. [MAY USE EXPERIMENTALMACHINESSYSTEMS.] The 31.10 governing body of a municipality may provide for the 31.11 experimental use oflever voting machines oran electronic 31.12 voting system in one or more precincts without formal adoption 31.13 of themachines orsystem. Use of themachines orsystem at an 31.14 electionshall beis as valid for all purposes as if the 31.15machines orsystem had been permanently adopted. 31.16WhenIf the governing body of a municipality decides to use 31.17lever voting machines oran electronic voting system, it shall, 31.18 at a regular or special meeting held not less than 30 days 31.19 before the election, prescribe suitable rules and instructions 31.20 consistent with sections 206.55 to206.87206.90 for using the 31.21machine orsystem and shall submit the rules and instructions to 31.22 the secretary of state for approval. When approved, a printed 31.23 copy of the rules and instructionsshallmust be posted 31.24 prominently in the polling place andshallmust remain open to 31.25 inspection by the voters throughout election day. 31.26 Subd. 3. [COUNTIES.] The governing body of a county may 31.27 provide for the use oflever voting machinesan electronic 31.28 voting system in one or more precincts of the county at all 31.29 elections.The governing body of a county containing a city of31.30the first class, at a regular meeting or at a special meeting31.31called for the purpose, may provide for the use of lever voting31.32machines or, by the affirmative vote of two-thirds of its31.33members, may provide for the use of an electronic voting system,31.34in one or more municipalities of the county, at all elections.31.35 The governing body of the municipality shall give approval 31.36 beforea voting machine oran electronic voting system may be 32.1 adopted or used in the municipality under the authority of this 32.2 section. Nomachine orsystem may be adopted or used unless it 32.3 has been approved by the secretary of state pursuant to section 32.4 206.57. 32.5 Subd. 4. [CERTIFICATION OF USE OF VOTINGMACHINES32.6 SYSTEMS.]WhenIf a municipality adopts the use oflever voting32.7machines oran electronic voting system,it is the duty ofthe 32.8 municipal clerktoshall certify to the secretary of state 32.9 within 30 days from the date of adoption thatlever voting32.10machines oran electronic voting system will be used in the 32.11 municipality and the date when use will commence. 32.12 Sec. 56. Minnesota Statutes 1996, section 206.59, is 32.13 amended to read: 32.14 206.59 [PAYMENT FORMACHINESVOTING SYSTEMS.] 32.15 Payment forlever voting machines oran electronic voting 32.16 system may be provided for in the manner deemed in the best 32.17 interests of the political division adopting and purchasingthem32.18 it. A municipality or county may make payment by appropriating 32.19 money from the general fund, by levying a tax in the same manner 32.20 as other taxes are levied, or by issuing and selling bonds or 32.21 other certificates of indebtedness, whichshallmust be a charge 32.22 upon the municipality or county adopting and purchasing 32.23 thelever voting machines orelectronic voting system. Bonds or 32.24 other certificates of indebtedness may be issued by a majority 32.25 vote of the governing body of the municipality or county 32.26 adopting and purchasingvoting machines oran electronic voting 32.27 system, notwithstanding any contrary provision contained in any 32.28 home rule charter or law of this state. 32.29 The bonds or certificates of indebtedness issued may bear 32.30 interest at a rate not exceeding the rate provided in section 32.31 475.55 and may be made payable at a time not exceeding 20 years 32.32 from the date of issue, as determined by the resolution or 32.33 ordinance authorizing the issue. The bonds or certificates of 32.34 indebtedness may be issued exclusive of and in addition to any 32.35 limit of indebtedness fixed by the charter of a municipality, or 32.36 by laws governing a municipality or county, but the bonds or 33.1 certificates of indebtedness may not be issued or sold at less 33.2 than par and accrued interest on them. 33.3 Sec. 57. Minnesota Statutes 1996, section 206.61, 33.4 subdivision 1, is amended to read: 33.5 Subdivision 1. [OFFICIAL RESPONSIBLE FOR PROVIDING 33.6 BALLOTS.] The official charged with providing paper ballots when 33.7 they are used shall provide allballot strips andballot cards, 33.8ballot booklets, diagrams,sample ballots, precinct summary 33.9 statements, and other necessary supplies needed forlever voting33.10machines orelectronic voting systems, except as otherwise 33.11 provided by this section. 33.12 At general elections and primaries the county auditor of 33.13 each county in whichlever voting machines oran electronic 33.14 voting systemareis used shall provide allballot strips,33.15 ballot cards, ballot booklets,and other necessary printed forms 33.16 and supplies needed for thelever voting machines orelectronic 33.17 voting system, including all forms needed for voting on 33.18 candidates and questions, the ballots for which are required by 33.19 the election laws to be provided by the state when paper ballots 33.20 are used. 33.21 Sec. 58. Minnesota Statutes 1996, section 206.61, 33.22 subdivision 3, is amended to read: 33.23 Subd. 3. [CANDIDATES' NAMES.] Candidates' names may be set 33.24 in as large type as the length of the majority of names on the 33.25 ballot permits. The remaining candidates' names may be set in 33.26 smaller sizes of type as the length of each name requires, in 33.27 order to fit the available space on the ballotstrip or ballot33.28bookletcard. 33.29 Sec. 59. Minnesota Statutes 1996, section 206.61, 33.30 subdivision 5, is amended to read: 33.31 Subd. 5. [ALTERNATION.] The provisions of the election 33.32 laws requiring the alternation of names of candidatesshallmust 33.33 be observed as far as practicable by changing the order of the 33.34 names onthe lever voting machines oran electronic voting 33.35 system in the various precincts so that each name appears on the 33.36 machines or marking devices used in a municipality substantially 34.1 an equal number of times in the first, last, and in each 34.2 intermediate place in the list or group in which they belong. 34.3 However, the arrangement of candidates' namesshallmust be the 34.4 same on alllevervotingmachines or marking devicessystems 34.5 used in the same precinct.WhenIf the number of names to be 34.6 alternated exceeds the number of precincts, the election 34.7 official responsible for providing the ballots, in accordance 34.8 with subdivision 1, shall determine by lot the alternation of 34.9 names. 34.10 Sec. 60. Minnesota Statutes 1996, section 206.62, is 34.11 amended to read: 34.12 206.62 [SAMPLE BALLOTS.] 34.13 The officials who prepare ballotstrips or ballot booklets34.14 cards shall provide each polling place with at least two sample 34.15 ballots which are facsimiles of theballot strip or ballot34.16bookletcard to be voted on in that precinct.Candidates' names34.17may not be rotated on the sample ballots but must be arranged in34.18alphabetical order for all offices where rotation of names on34.19the official ballots is required by law.The sample ballots may 34.20 be either in full or reduced size.They must contain suitable34.21illustrated directions for voting on a lever voting machine or34.22for operating a marking device, or illustrated instructions must34.23be provided on a separate poster placed adjacent to each sample34.24ballot.The sample ballots must be posted prominently in the 34.25 polling place and must remain open to inspection by the voters 34.26 throughout election day. 34.27 Sec. 61. Minnesota Statutes 1996, section 206.64, 34.28 subdivision 1, is amended to read: 34.29 Subdivision 1. [GENERAL PROVISIONS FORLEVER MACHINE34.30VOTING ANDELECTRONIC SYSTEM VOTING.] Eachlever voting machine34.31andelectronic voting system booth must be placed and protected 34.32 so that it is accessible to only one voter at a time and is in 34.33 full view of all the election judges and challengers at the 34.34 polling place. The election judges shall admit one individual 34.35 at a time to eachmachine orbooth after determining that the 34.36 individual is eligible to vote. Voting bylever voting machine35.1orelectronic voting systemshallmust be secret, exceptas35.2provided in this sectionfor voters who need assistance. A 35.3 voter may remain inside the voting booth for three minutes. A 35.4 voter who refuses to leave the voting booth after three minutes 35.5shallmust be removed by the election judges.An election judge35.6shall inspect the face of each lever voting machine and marking35.7device after each voter has voted to determine that the ballot35.8strips and ballot booklets are in the proper places and that the35.9machine or device has not been injured or tampered with. During35.10voting hours the door or other compartment of a lever voting35.11machine may not be unlocked or opened, nor may the counters be35.12exposed except by a custodian or other authorized person, who35.13shall make and sign a statement of explanation to be attached to35.14the election returns.35.15 Sec. 62. Minnesota Statutes 1996, section 206.66, is 35.16 amended to read: 35.17 206.66 [VIOLATIONS; PENALTIES.] 35.18 Subdivision 1. [INJURING VOTING MACHINES.] An individual 35.19 who intentionally injures or attempts to injure or render 35.20 ineffectuala lever voting machine orany component of an 35.21 electronic voting system, or who violates any of the provisions 35.22 of sections 206.55 to 206.90, is guilty of a felony. 35.23 Subd. 2. [VIOLATION OF LAW, RULES.] An individual who 35.24 violates any rules adopted by the secretary of state or by the 35.25 governing body of a municipality wherelever voting machines or35.26 an electronic voting systemareis used, or who violates any of 35.27 the provisions of sections 206.55 to 206.90, is guilty of a 35.28 gross misdemeanor. 35.29 Subd. 3. [PERFORMANCE BOND.] A vendor ofvoting machines,35.30 electronic voting systems,or related election services shall 35.31 furnish the secretary of state with a sufficient bond 35.32 conditioned on the performance of those machines, systems, or 35.33 services in accordance with the Minnesota election law and any 35.34 contract or agreement made with an election jurisdiction in 35.35 Minnesota. The vendor bond required under section 206.57, 35.36 subdivision 4, may serve as the performance bond required under 36.1 this subdivision. The secretary of state shall send notice of 36.2 the receipt or forfeiture of a bond under this subdivision to 36.3 each official on the user list. 36.4 Sec. 63. Minnesota Statutes 1996, section 206.80, is 36.5 amended to read: 36.6 206.80 [ELECTRONIC VOTING SYSTEMS.] 36.7(a)An electronic voting system may not be employed unless 36.8 it: 36.9 (1) permits every voter to vote in secret; 36.10 (2) permits every voter to vote for all candidates and 36.11 questions for whom or upon which the voter is legally entitled 36.12 to vote; 36.13 (3) provides for write-in voting when authorized; 36.14 (4) rejects by means of the automatic tabulating equipment, 36.15 except as provided in section 206.84 with respect to write-in 36.16 votes, all votes for an office or question when the number of 36.17 votes cast on it exceeds the number which the voter is entitled 36.18 to cast; 36.19 (5) permits a voter at a primary election to select 36.20 secretly the party for which the voter wishes to vote; and 36.21 (6) rejects, by means of the automatic tabulating 36.22 equipment, all votes cast in a primary election by a voter when 36.23 the voter votes for candidates of more than one party, except as36.24provided in paragraph (b). 36.25(b) A punch card electronic voting system may not be36.26employed at a partisan primary election unless it permits a36.27voter at a partisan primary election to select the party for36.28which the voter wishes to vote by punching out an indicator for36.29one of the parties only, and must reject, by means of the36.30automatic tabulating equipment, all votes cast in a partisan36.31primary election by a voter for candidates of a party other than36.32the one chosen by the voter from the party indicators.36.33 Sec. 64. Minnesota Statutes 1996, section 206.81, is 36.34 amended to read: 36.35 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 36.36 The secretary of state may license an electronic voting 37.1 system for experimental use at an election prior to its approval 37.2 for general use. Experimental useshallmust be observed by the 37.3 secretary of state or the secretary's designee and the results 37.4 observedshallmust be considered at any subsequent proceedings 37.5 for approval for general use. The secretary of state may adopt 37.6 rules consistent with sections 206.55 to206.87206.90 relating 37.7 to experimental use. The extent of experimental useshallmust 37.8 be determined by the secretary of state. 37.9 Sec. 65. Minnesota Statutes 1996, section 206.83, is 37.10 amended to read: 37.11 206.83 [TESTING OF VOTING SYSTEMS.] 37.12 The official in charge of elections shall have the voting 37.13 system tested to ascertain that the system will correctly count 37.14 the votes cast for all candidates and on all questions(1)37.15within five days prior to election day, for punch card voting37.16systems, or (2)within 14 days prior to election day, for37.17optical scan voting systems. Public notice of the time and 37.18 place of the test must be given at least two days in advance by 37.19 publication once in official newspapers. The test must be 37.20 observed by at least two election judges, who are not of the 37.21 same major political party, and must be open to representatives 37.22 of the political parties, candidates, the press, and the 37.23 public. The test must be conducted by processing a preaudited 37.24 group of ballots punched or marked to record a predetermined 37.25 number of valid votes for each candidate and on each question, 37.26 and must include for each office one or more ballot cards which 37.27 have votes in excess of the number allowed by law in order to 37.28 test the ability of the voting system to reject those votes. If 37.29 any error is detected, the cause must be ascertained and 37.30 corrected and an errorless count must be made before the voting 37.31 system may be used in the election.The test for punch card37.32voting systems must be repeated immediately before the start of37.33the official count of the ballots, in the manner provided in37.34this section.After the completion of thecounttest, the 37.35 programs used and ballot cards must be sealed, retained, and 37.36 disposed of as provided for paper ballots. 38.1 Sec. 66. Minnesota Statutes 1996, section 206.84, 38.2 subdivision 3, is amended to read: 38.3 Subd. 3. [BALLOTS.] The ballot information, whether placed38.4on the ballot card or on the ballot booklet must, as far as38.5practicable,must be in the same order provided for paper 38.6 ballots, except that the information may be in vertical or 38.7 horizontal rows, or on a number of separate pages. The 38.8 secretary of state shall provide by rule for standard ballot 38.9 formats for electronic voting systems. 38.10The pages of a partisan primary ballot booklet must be38.11different colors for different parties. The colors available38.12for partisan primary ballot booklet pages are purple, orange,38.13and buff. The chairs of the major political parties shall38.14choose from among those colors in a random drawing conducted by38.15the secretary of state. A color chosen by a party is38.16permanently assigned to that party.38.17A partisan primary ballot booklet must be designed to38.18include a form of party indicator by which the voter may choose38.19the party in whose primary the voter intends to vote.38.20All pages of a party's primary ballot must be consecutive,38.21without the insertion of pages from another party. Partisan38.22primary ballot booklets must contain a prominent notice of the38.23effect of attempting to vote in more than one party's primary.38.24A separate ballot booklet may also be used for each party in a38.25partisan primary.38.26Ballots for all questions must be provided in the same38.27manner. Where ballot booklets are placed in a marking device,38.28they shall be arranged on or in the marking device in the places38.29provided.Ballot cards may contain special printed marks and 38.30 holes as required for proper positioning and reading of the 38.31 ballots by electronic vote counting equipment. Ballot cards 38.32 must contain an identification of the precinct for which they 38.33 have been prepared which can be read visually and which can be 38.34 tabulated by the automatic tabulating equipment. 38.35 Sec. 67. Minnesota Statutes 1996, section 206.84, 38.36 subdivision 6, is amended to read: 39.1 Subd. 6. [DUTIES OF OFFICIAL IN CHARGE.] The official in 39.2 charge of elections in each municipality where an electronic 39.3 voting system is used shall have themarking devicesvoting 39.4 systems put in order, set, adjusted, and made ready for voting 39.5 when delivered to the election precincts. The official shall 39.6 also provide each precinct with a container for transporting 39.7 ballot cards to the counting location after the polls close. 39.8 The container shall be of sturdy material to protect the ballots 39.9 from all reasonably foreseeable hazards including auto 39.10 collisions. The election judges shall meet at the polling place 39.11 at least one hour before the time for opening the polls. Before 39.12 the polls open the election judges shall compare the 39.13 ballotbookletscards used with the sample ballots furnished to 39.14 see that the names, numbers, and letters on both agree and shall 39.15 certify to that fact on forms provided for the purpose. The 39.16 certification must be filed with the election returns. 39.17 Sec. 68. Minnesota Statutes 1996, section 206.84, 39.18 subdivision 7, is amended to read: 39.19 Subd. 7. [SPOILED BALLOT CARDS.] A voter who spoils a 39.20 ballot card or makes an error may return it to the election 39.21 judges and obtain another. Except as otherwise provided in 39.22 sections 206.55 to206.87206.90, the election judges shall 39.23 conduct the election in the manner prescribed for precincts 39.24 using paper ballots in chapters 204C and 204D. 39.25 Sec. 69. Minnesota Statutes 1996, section 206.86, 39.26 subdivision 1, is amended to read: 39.27 Subdivision 1. [AT THE VOTING LOCATION.] In precincts 39.28 where an electronic voting system is used, as soon as the polls 39.29 are closed the election judges shall secure themarking devices39.30 voting systems against further voting. They shall then open the 39.31 ballot box and count the number of ballot cards or envelopes 39.32 containing ballot cards that have been cast to determine that 39.33 the number of ballot cards does not exceed the number of voters 39.34 shown on the election register or registration file. If there 39.35 is an excess, the judges shall process the ballot cards in the 39.36 same manner as paper ballots are processed in section 204C.20, 40.1 subdivision 2. The total number of voters must be entered on the 40.2 forms provided. The judges shall next count the write-in votes 40.3 and enter the number of those votes on forms provided for the 40.4 purpose.If ballot cards are used, all ballot envelopes on40.5which write-in votes have been recorded must be serially40.6numbered, starting with the number one, and the same number must40.7be placed on the ballot card of the voter. The judges shall40.8compare the write-in votes with the votes cast on the ballot40.9card. If the total number of votes for any office exceeds the40.10number allowed by law, a notation to that effect must be entered40.11on the back of the ballot card and the card must be returned to40.12the counting center in an envelope marked "defective ballots";40.13however, valid votes on ballot cards containing invalid votes40.14must be counted as provided in subdivision 5. If paper ballots40.15are used, the judges, before counting the write-in votes, shall40.16compare the write-in votes with the votes cast elsewhere on the40.17ballot card. If the total number of votes for an office40.18involving a write-in vote exceeds the number allowed by law, a40.19notation to that effect must be entered on the back of the40.20ballot. Valid votes on the rest of such a ballot must be40.21tallied by the judges at the precinct, on a form provided for40.22the purpose. The ballot must then be placed in an envelope40.23marked "defective ballots" and returned to the counting center.40.24The total number of defective ballots must be added to the40.25totals for the respective precincts and the defective ballots40.26disposed of as provided by section 204C.25.40.27 Sec. 70. Minnesota Statutes 1996, section 206.86, 40.28 subdivision 2, is amended to read: 40.29 Subd. 2. [TRANSPORTATION OF BALLOT CARDS.] The judges 40.30 shall place all voted ballot cards,envelopes with write-in40.31ballots,defective ballots, and damaged ballots in the container 40.32 provided for transporting them to the counting center. The 40.33 container must be sealed and delivered immediately to the 40.34 counting center by two judges who are not of the same major 40.35 political party. The judges shall also deliver to the counting 40.36 center in a suitable container the unused ballot cards, the 41.1 spoiled ballot envelope, and the ballot envelopes issued to the 41.2 voters and deposited during the day in the ballot box. 41.3 Sec. 71. Minnesota Statutes 1996, section 206.90, 41.4 subdivision 4, is amended to read: 41.5 Subd. 4. [ABSENTEE VOTING.] An optical scan voting system 41.6 may be used for absentee votingas long as. The county auditor 41.7 may supply an appropriate marking instrumentis suppliedto the 41.8 voter along with the ballot. 41.9 Sec. 72. Minnesota Statutes 1996, section 206.90, 41.10 subdivision 6, is amended to read: 41.11 Subd. 6. [BALLOTS.] In precincts using optical scan voting 41.12 systems, a single ballot card on which all ballot information is 41.13 included must be printed in black ink on white colored material 41.14 except that marks not to be read by the automatic tabulating 41.15 equipment may be printed in another color ink. 41.16 When optical scan ballots are used, the offices to be 41.17 elected must appear in the following order: federal offices; 41.18 state legislative offices; constitutional offices; proposed 41.19 constitutional amendments; county offices and questions; 41.20 municipal offices and questions; school district offices and 41.21 questions; special district offices and questions; and judicial 41.22 offices. 41.23 On optical scan ballots, the names of candidates and the 41.24 words "yes" and "no" for ballot questions must be printed as 41.25 close to their corresponding vote targets as possible. 41.26 The line on an optical scan ballot for write-in votes must 41.27 contain the words "write-in, if any." 41.28 Sec. 73. Minnesota Statutes 1996, section 207A.03, 41.29 subdivision 2, is amended to read: 41.30 Subd. 2. [VOTER CERTIFICATION; BALLOT.] An individual 41.31 seeking to vote at the presidential primary shall request the 41.32 ballot of the party for whose candidates the individual wishes 41.33 to vote. Thevoter registration certificate or duplicate41.34registration filepolling place roster for the presidential 41.35 primary must list the names of the political parties appearing 41.36 on the ballot at the presidential primary. Before receiving a 42.1 ballot, a voter shall sign thevoter's certificate or duplicate42.2registration filepolling place roster and shallplace a check42.3mark besideindicate the name of the political party whose 42.4 ballot the voter requested. 42.5 Sec. 74. Minnesota Statutes 1996, section 211B.14, is 42.6 amended to read: 42.7 211B.14 [DIGEST OF LAWS.] 42.8 The secretary of state, with the approval of the attorney 42.9 general, shall prepare and print an easily understandable digest 42.10 of this chapter and annotations of it. The digest may include 42.11 other related laws and annotations at the discretion of the 42.12 secretary of state. 42.13 The secretary of state shall distribute the digest to 42.14 candidates and committees through the county auditor or 42.15 otherwise as the secretary of state considers expedient. A copy 42.16 of the digest and, if appropriate, a financial reporting form 42.17 and a certification of filing form must be distributed to each 42.18 candidate by the filing officer at the time that the candidate's 42.19 affidavit of candidacy is filed. 42.20 Sec. 75. Minnesota Statutes 1996, section 367.03, 42.21 subdivision 1, is amended to read: 42.22 Subdivision 1. [SUPERVISORS, TERMS.] Except in towns 42.23 operating under option A or in towns operating as provided in 42.24 subdivision 4, three supervisors shall be elected in each town 42.25 at the town general election as provided in this section. Each 42.26 supervisor shall be elected for a term of three years and shall 42.27 serve until a successor is elected and qualified. 42.28 Sec. 76. Minnesota Statutes 1996, section 367.25, 42.29 subdivision 1, is amended to read: 42.30 Subdivision 1. [REQUIREMENT, FEE.] Every person elected at 42.31 a March election or appointed to a town office, within ten days 42.32 after receiving a certificate or notice of election or 42.33 appointment, shall take and subscribe the oath required by law. 42.34 Persons elected at a November election shall take their oath 42.35 prior to assuming office. If taken before the town clerk, the 42.36 oath shall be administered and certified without fee. 43.1 Sec. 77. Minnesota Statutes 1996, section 387.01, is 43.2 amended to read: 43.3 387.01 [QUALIFICATIONS; BOND; OATH.] 43.4 Every person who files as a candidate for county sheriff 43.5 must be licensed as a peace officer in this state. Every person 43.6elected orappointed to the office of sheriffafter August 1,43.71973, and not holding a certificate of satisfactory completion43.8of the basic course in training issued by the executive director43.9of the Minnesota peace officers training board, shall, within43.10one year after assuming office obtain such certificate, except43.11that sheriffs in office on August 1, 1973, shall be considered43.12to be qualified and eligible to continue in office as sheriff43.13and to be reelected to that office. A sheriff who without good43.14cause does not obtain a certificate of satisfactory completion43.15as required by this section shall thereafter forfeit all43.16privileges and compensation, the office of sheriff shall be43.17deemed vacant, and the county board may fill said office at a43.18special election called for that purpose, but shall fill said43.19office no later than at the next general electionmust become 43.20 licensed as a peace officer before entering upon the duties of 43.21 the office. Before entering upon duties every sheriff shall 43.22 give bond to the state in a sum not less than $25,000 in 43.23 counties whose population exceeds 150,000, and not less than 43.24 $5,000 in all other counties, to be approved by the county 43.25 board, conditioned that the sheriff will well and faithfully in 43.26 all things perform and execute the duties of office, without 43.27 fraud, deceit, or oppression, which bond, with an oath of 43.28 office, shall be filed for record with the county recorder. 43.29 Sec. 78. Minnesota Statutes 1996, section 388.01, is 43.30 amended to read: 43.31 388.01 [ELECTION; QUALIFICATIONS; TERM.] 43.32 There shall be elected in each county a county attorney who 43.33 shall belearned in thelicensed to practice law in this state, 43.34 and whose term of office shall be four years and until a 43.35 successor qualifies. Before entering upon duties the county 43.36 attorney shall take an oath. The oath must be filed for record 44.1 with the county recorder. 44.2 Sec. 79. Minnesota Statutes 1996, section 626.846, 44.3 subdivision 6, is amended to read: 44.4 Subd. 6. A person seeking election to the office of 44.5 sheriff must be licensed as a peace officer. A person seeking 44.6election orappointment to the office of sheriff, or seeking 44.7 appointment to the position of chief law enforcement officer, as 44.8 defined by the rules of the board, after June 30, 1987, must be 44.9 licensed or eligible to be licensed as a peace officer. The 44.10 person shall submit proof of peace officer licensure or 44.11 eligibility as part of the application for office. A person 44.12 elected or appointed to the office of sheriff or the position of 44.13 chief law enforcement officer shall be licensed as a peace 44.14 officer during the person's term of office or employment. 44.15 Sec. 80. [REPEALER.] 44.16 Minnesota Statutes 1996, sections 204D.15, subdivision 2; 44.17 206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15; 44.18 206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, 44.19 subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72; 44.20 206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 44.21 4, and 5; and 211B.11, subdivision 2, are repealed.