HF 820

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
proposing an amendment to the Minnesota Constitution;
adding a section to article IV to provide for
initiative and referendum; providing procedures for
initiative and referendum; providing penalties;
amending Minnesota Statutes 2004, sections 204C.33,
subdivisions 1, 3; 204D.11, by adding a subdivision;
proposing coding for new law in Minnesota Statutes,
chapter 3B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end

new text begin An amendment to the Minnesota Constitution, adding a
section to article IV, is proposed to the people. If the
amendment is adopted the section will read as follows:
new text end

new text begin Sec. 27. The enactment of a law may be initiated by the
petition of registered voters. A referendum of the people to
repeal existing law may be proposed by petition of registered
voters.
new text end

new text begin An initiative of the people that proposes a law shall be
placed on the ballot at the state general election if petitions
for it are signed by registered voters in each of the
congressional districts of the state, and of the state as a
whole, in a number equal to or greater than five percent of the
number of persons who voted for governor at the last election of
a governor in each of such districts respectively and in the
state as a whole. The legislature may provide by law a
procedure for determining the fiscal impact of initiated
measures and for making that information public.
new text end

new text begin A referendum of the people whose purpose is only to repeal
existing law shall be placed on the ballot at the state general
election if petitions for it are signed by registered voters in
each of the congressional districts of the state, and of the
state as a whole, in a number not less than five percent of the
number of persons who voted for governor at the last election of
a governor. If the law whose repeal is proposed has not gone
into effect at the time that completed petitions are filed, the
law shall remain suspended until the question is voted on.
new text end

new text begin An initiated law or the repeal of a law by referendum of
the people shall be enacted 30 days after the affirmative vote
of a majority of those voting on the question. An initiated law
may not be amended or repealed nor may a law repealed by
referendum be enacted again, either under this section or by
enactment by the legislature, before the next state general
election after the vote on the initiated or referred law. The
governor may not veto an initiated law or a referendum of the
people. If a law that is similar to a pending initiated law is
enacted by the legislature, the sponsor of the initiative may
abandon it. The similar law may provide that, if the sponsor of
the initiative declines to abandon it, the similar law will also
be placed on the ballot to be voted on like the initiated law.
If both receive the affirmative vote of a majority, only that
which has the greater vote shall take effect.
new text end

new text begin An amendment to the constitution may be initiated by a
petition signed by registered voters in each of the
congressional districts of the state, and of the state as a
whole, in a number not less than eight percent of the number of
persons who voted for governor at the last election of a
governor in each of such districts respectively and in the state
as a whole. The amendment shall be placed on the ballot at the
state general election and becomes part of this constitution 30
days after the affirmative vote of a majority of those voting at
the election.
new text end

new text begin The legislature may, by a law enacted under the other
provisions of article IV, refer a law to a vote of the people.
No more than three laws may be referred by the legislature to a
vote of the people at the same state general election. A law
referred by the legislature shall be enacted 30 days after the
affirmative vote of a majority of those voting on the question.
The governor may not veto a law referred by the legislature.
new text end

new text begin No proposal for an initiated law, a referendum of the
people to repeal existing law, an amendment to the constitution
initiated by petition, or a law referred by the legislature to a
vote of the people may embrace more than one general subject.
new text end

new text begin The legislature shall, by law, provide procedures to
facilitate this section.
new text end

Sec. 2. new text begin QUESTION.
new text end

new text begin The amendment must be submitted to the people at the 2006
general election. The question proposed must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide for
initiative and referendum?
new text end

new text begin Yes .......
No ........"
new text end

Sec. 3.

new text begin [3B.31] CITATION.
new text end

new text begin Sections 3B.31 to 3B.57 may be cited as the "Initiative and
Referendum Implementation Act."
new text end

Sec. 4.

new text begin [3B.32] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section
apply to sections 3B.31 to 3B.57.
new text end

new text begin Subd. 2. new text end

new text begin Ballot measure. new text end

new text begin "Ballot measure" means a law
proposed by an initiative or a referendum of the people.
new text end

new text begin Ballot measure also includes a law referred by the
legislature for purposes of sections 3B.43, 3B.44, 3B.45, 3B.48,
3B.50, 3B.51, subdivision 1, clause (2), and subdivision 2,
3B.52, 3B.53, subdivision 1, clauses (2), (3), and (7), and
subdivision 2, 3B.55, 3B.56, and 3B.57.
new text end

new text begin Subd. 3. new text end

new text begin Petition drive. new text end

new text begin "Petition drive" means the
organized process by which the sponsor and the authorized agents
solicit registered voters to sign ballot measure petitions.
new text end

new text begin Subd. 4. new text end

new text begin Sponsor. new text end

new text begin "Sponsor" means a political committee
as defined by section 10A.01, subdivision 27, whose major
purpose is to promote or defeat a ballot measure.
new text end

Sec. 5.

new text begin [3B.33] PREPARATION FOR PETITIONING.
new text end

new text begin Subdivision 1. new text end

new text begin Filing of declaration. new text end

new text begin Before circulating
petitions to have a ballot measure placed on the ballot at the
state general election, the sponsor shall file a declaration
with the secretary of state not earlier than January 1 of an
odd-numbered year.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin The declaration must:
new text end

new text begin (1) state the name, mailing address, chair, and treasurer
of the sponsor;
new text end

new text begin (2) give a description of the intent or purpose of the
ballot measure;
new text end

new text begin (3) state a short title by which the sponsor wants the
ballot measure to be identified; and
new text end

new text begin (4) state the name, address, and telephone number of the
person who is designated by the sponsor to work on the final
form and wording of the ballot measure and is authorized to
approve its final form and wording.
new text end

new text begin Subd. 3. new text end

new text begin Changes. new text end

new text begin Upon notification by the sponsor, the
secretary of state shall amend information listed in the
declaration.
new text end

new text begin Subd. 4. new text end

new text begin Sample. new text end

new text begin The secretary of state shall provide a
sample declaration form.
new text end

new text begin Subd. 5. new text end

new text begin Filing fee. new text end

new text begin The sponsor shall pay to the
secretary of state a filing fee of $100.
new text end

Sec. 6.

new text begin [3B.34] ADVICE BY REVISOR OF STATUTES.
new text end

new text begin Subdivision 1. new text end [SECRETARY OF STATE'S DUTIES.] new text begin The
secretary of state shall immediately forward one copy of each
declaration to the revisor of statutes. The secretary of state
shall also advise the sponsor to consult with the revisor.
new text end

new text begin Subd. 2. new text end [REVISOR'S DUTIES.] new text begin The revisor of statutes
shall, within 14 days of the filing of a declaration, prepare a
final draft of a ballot measure. The intent and purpose may be
amplified or refined by the person authorized by the declaration
to approve the form and wording of the measure. The revisor
shall advise the sponsor as to the measure's constitutionality,
and the best form of the measure to accomplish the sponsor's
intent and purpose. However, if the revisor and the sponsor
disagree as to the best form and content of the measure to
accomplish the sponsor's intent and purpose, or disagree as to
constitutionality, the directions of the sponsor must prevail.
All discussions by the revisor with the sponsor must be treated
by the revisor as confidential. If, after consulting the
revisor, the sponsor does not desire the revisor's assistance,
the chair shall sign a written waiver of assistance. The waiver
must then be filed with the secretary of state and the revisor,
together with a final draft of the ballot measure prepared by
the sponsor. Together with the final draft prepared by the
revisor, or within seven days after receiving the waiver and
final draft prepared by the sponsor, the revisor shall furnish
the sponsor and the secretary of state with a summary of the
measure to be proposed to the people.
new text end

new text begin Subd. 3. new text end

new text begin Form. new text end

new text begin The form of ballot measures must conform
to the form of bills considered by the legislature. The
enacting clause must be "BE IT ENACTED BY THE PEOPLE OF THE
STATE OF MINNESOTA:" No ballot measure may embrace more than
one general subject. The ballot measure may not provide for the
form of the ballot question by which it would be submitted to
the voters.
new text end

new text begin Within 14 days after receiving the final draft of the
ballot measure and the revisor's summary, the secretary of state
must state the wording of the question to be placed on the
ballot. The ballot question must be a true and impartial
statement of the intent and purpose of the measure. It must be
in similar form as a ballot question for a legislative proposal
of a constitutional amendment.
new text end

Sec. 7.

new text begin [3B.35] PETITIONS FOR BALLOT MEASURE.
new text end

new text begin Subdivision 1. new text end

new text begin Contents. new text end

new text begin Each official ballot measure
petition form must be printed on only one side of a sheet of
paper and contain the following:
new text end

new text begin (1) in not less than 24-point bold type at the top of the
front page, the printed words "OFFICIAL BALLOT MEASURE
PETITION";
new text end

new text begin (2) the ballot question prepared by the secretary of state
and the name of the sponsor;
new text end

new text begin (3) the summary of the ballot measure prepared by the
revisor;
new text end

new text begin (4) a statement that a verbatim copy of the ballot measure
is available for public examination at the office of the
secretary of state or any county auditor and on the secretary of
state's Web site;
new text end

new text begin (5) space for registered voters to sign the petition
including space for the signature, printed name, telephone
number, mailing address, county of residence, and an indication
of status as a registered voter; and
new text end

new text begin (6) a statement that some of the circulators of the
petition may have been paid to circulate it.
new text end

new text begin Subd. 2. new text end

new text begin Secretary of state to prepare. new text end

new text begin The secretary of
state shall prepare the official ballot measure petition form as
required by subdivision 1 and shall provide a copy to the
sponsor to duplicate and circulate within 14 days after
receiving the final draft of the ballot measure and the
revisor's summary.
new text end

new text begin Subd. 3. new text end

new text begin Copy to county auditor. new text end

new text begin The secretary of state
shall, within seven calendar days after completing the official
ballot measure petition form, send to the county auditor in each
county a verbatim copy of the ballot measure as on file in the
secretary of state's office.
new text end

Sec. 8.

new text begin [3B.36] INTERNET SITE.
new text end

new text begin Upon preparing ballot measure petition forms under section
3B.35, the secretary of state shall maintain a Web site
containing information about the proposed ballot measure.
new text end

Sec. 9.

new text begin [3B.37] TIME AND PLACE OF CIRCULATION OF
PETITIONS; VOLUNTARY ABANDONMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Circulation dates. new text end

new text begin Ballot measure
petitions may be circulated upon receipt of the official ballot
measure petition form from the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Circulating prohibited near polling place.
new text end

new text begin Ballot measure petitions must not be circulated within a polling
place or within 100 feet of the building in which a polling
place is situated, or anywhere on public property on which a
polling place is situated, on primary or election day.
new text end

new text begin Subd. 3. new text end

new text begin Abandonment of petition drive. new text end

new text begin The sponsor may
abandon the petition drive at any time before the petition is
certified by the secretary of state as provided in section
3B.41. To abandon the drive, a declaration to that effect must
be filed with the secretary of state. The filing of the
declaration does not prevent another sponsor from beginning a
similar or identical petition drive. All petitions signed
before the declaration are void upon the filing of the
declaration and may not subsequently be used by a new sponsor.
new text end

new text begin Subd. 4. new text end

new text begin Void petitions. new text end

new text begin Petitions that are signed but
never filed or that are filed but have a number of signatures
that is later determined to be insufficient are void after the
deadline in section 3B.39, subdivision 4. The petitions may not
be used for similar or identical petition circulation efforts in
subsequent years.
new text end

Sec. 10.

new text begin [3B.38] PETITION FILING DEADLINE.
new text end

new text begin The sponsor shall file the signed petitions with the
secretary of state not later than July 1 of an even-numbered
year.
new text end

Sec. 11.

new text begin [3B.39] VERIFICATION OF PETITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Deadline; methods; challenges. new text end

new text begin Within 30
days after a petition is filed under section 3B.38 but not later
than July 31 of an even-numbered year, the secretary of state
shall determine whether a sufficient number of valid signatures
has been obtained. The secretary of state may verify signatures
by the random sampling method provided in section 3B.40. County
auditors, at the secretary of state's request, shall assist the
secretary of state in verifying signatures.
new text end

new text begin Subd. 2. new text end

new text begin Validity. new text end

new text begin A signature is valid if:
new text end

new text begin (1) it is voluntarily signed by the person named;
new text end

new text begin (2) the signatory is a registered voter; and
new text end

new text begin (3) the signature is identifiable.
new text end

new text begin Subd. 3. new text end

new text begin Protest; contest. new text end

new text begin Any eligible voter may
challenge the number or validity of signatures on the petition.
The secretary of state shall determine the contest of the number
or validity of signatures by an eligible voter. An eligible
voter contesting the sufficiency or validity of signatures shall
file a protest within the time provided in subdivision 1 for the
secretary of state to verify the petitions or within seven days
of the determination of the secretary of state under subdivision
1, whichever occurs earlier. The protest must include a brief
statement of the evidence of insufficiency or invalidity. If an
eligible voter contests the sufficiency or validity of
signatures in bad faith, the voter may be assessed costs of the
contest up to a maximum of $2,000. The secretary of state shall
hear evidence and determine contests within 14 days after the
protest is filed.
new text end

new text begin Subd. 4. new text end

new text begin Insufficient signatures. new text end

new text begin If the secretary of
state determines that the number of valid signatures is fewer
than the number required, the secretary shall so notify the
sponsor, and petitions for additional signatures may be
circulated for an additional period of 14 days in the case of a
determination of an actual or estimated number deficiency,
commencing from the date of notification. The secretary shall
verify a random sample of the additional signatures within ten
days of receiving them. If the verification from the random
sample of the additional signatures does not show that the total
number of valid signatures on the additional petitions is 100
percent or more of the deficiency, the secretary shall notify
the sponsor. No further action shall then be taken on the
petitions, and the petitions may not be used for similar or
identical petition circulation efforts in subsequent years.
new text end

Sec. 12.

new text begin [3B.40] DETERMINATION OF SUFFICIENT VALID
SIGNATURES.
new text end

new text begin Subdivision 1. new text end

new text begin Random sampling method of signature
verification. new text end

new text begin A sample of signatures to be verified must be
drawn in such a manner that every signature filed with the
secretary of state is given an equal opportunity to be included
in the sample. The sample must include five percent of the
signatures. The number of valid signatures must be determined
by taking the total number of signatures filed and multiplying
it by the percentage of signatures in the statistical sample
which were found to be valid. In calculating the number of
valid signatures, any fractions must be rounded up to one.
new text end

new text begin Subd. 2. new text end

new text begin Sufficient valid signatures. new text end

new text begin If the
verification from the statistical sample shows that the total
number of valid signatures on all the petitions is 100 percent
or more of the minimum number of signatures needed to declare
the number of petition signatures to be sufficient, the
secretary of state shall certify the sufficiency of the
petitions under section 3B.41.
new text end

new text begin Subd. 3. new text end

new text begin Insufficient valid signatures. new text end

new text begin If the
verification from the statistical sample shows that the number
of valid signatures is less than 100 percent of the minimum
number of signatures needed to declare the number of petition
signatures to be sufficient, the secretary of state shall
determine that the number of petition signatures is
insufficient. The secretary shall give the sponsor written
notice of what percentage of the signatures is valid.
new text end

Sec. 13.

new text begin [3B.41] CERTIFICATION BY SECRETARY OF STATE.
new text end

new text begin If the number of petition signatures meets the minimum
number required, the secretary of state shall promptly certify
the sufficiency of the petitions to the sponsor and all county
auditors. The question of adoption or repeal of the law
proposed by a ballot measure proposed by the petition must then
be placed on the ballot for the state general election.
new text end

Sec. 14.

new text begin [3B.42] PLACEMENT OF LAW ON BALLOT.
new text end

new text begin If a petition has been certified so that a ballot measure
will appear on the ballot at the next state general election and
the legislature enacts a law with a scope and purpose similar to
that of the ballot measure during its regular session in that
state general election year, the legislature may place that law
on the ballot as well.
new text end

Sec. 15.

new text begin [3B.43] NUMBERING OF BALLOT MEASURES.
new text end

new text begin The secretary of state shall number in consecutive order
each initiative or referendum ballot measure with the wording
"INITIATIVE NUMBER ...." or "REFERENDUM NUMBER ...." After the
effective date of this section, initiatives and referenda must
be numbered starting with the number one. In subsequent years,
ballot measures must be numbered beginning with the first number
after the number of the last initiative or referendum at the
last state general election. Their order on the ballot must be
assigned by the secretary of state.
new text end

Sec. 16.

new text begin [3B.44] BALLOTS, VOTING, AND CANVASSING.
new text end

new text begin For all ballot measures, the ballots must be prepared,
voting conducted, results canvassed, contests conducted, and
results certified as provided by chapters 200 to 211B.
new text end

Sec. 17.

new text begin [3B.45] TIME OF VOTING.
new text end

new text begin Ballot measures must be placed on the ballot only at a
state general election.
new text end

Sec. 18.

new text begin [3B.46] SIMULTANEOUS PETITIONS FOR BALLOT
MEASURES.
new text end

new text begin Nothing prevents multiple simultaneous petition drives
involving identical ballot measures by the same or a different
sponsor. However, certification by the secretary of state of
the sufficiency of the signatures for one such measure
constitutes abandonment of the identical petition drives as of
the date of the secretary's certification.
new text end

Sec. 19.

new text begin [3B.47] RESOLUTION OF CONFLICTS BETWEEN
MEASURES.
new text end

new text begin Subdivision 1. new text end

new text begin Conflicting petitions. new text end

new text begin Nothing prevents
petitioning for measures which are apparently in substantial
conflict.
new text end

new text begin Subd. 2. new text end

new text begin Number of affirmative votes. new text end

new text begin If two ballot
measures which substantially conflict are adopted by a vote of
the people, the one receiving the larger number of affirmative
votes is effective. If it is finally determined that the
measures received an equal number of affirmative votes, neither
becomes effective, but they must again be placed on the ballot
at the next state general election. Two or more measures
substantially conflict when any material provision in one
measure is irreconcilable with a material provision in another
measure. The secretary of state shall determine whether two or
more measures substantially conflict.
new text end

Sec. 20.

new text begin [3B.48] PUBLICATION.
new text end

new text begin Ballot measures adopted by the people must be published by
the revisor of statutes in Laws of Minnesota and codified in the
same way as other laws.
new text end

Sec. 21.

new text begin [3B.49] ORGANIZING GUIDE.
new text end

new text begin The secretary of state shall prepare a comprehensive guide
to be made available to persons wishing to conduct an initiative
or referendum campaign.
new text end

Sec. 22.

new text begin [3B.50] LITERATURE MUST INCLUDE NAMES.
new text end

new text begin (a) Any person or committee who causes to be published,
issued, posted, or circulated, other than in a newspaper as
provided in section 3B.51, any literature, campaign material, or
publication, including cards, pamphlets, flyers, signs, banners,
leaflets, announcements, or other material tending to influence
persons to sign or refuse to sign a ballot measure petition or
to influence the voting at an election on a ballot measure, that
fails to prominently display the name and mailing address of the
person or committee causing the material to be published,
issued, posted, circulated, or broadcast, is guilty of a
misdemeanor.
new text end

new text begin (b) This section does not apply to an individual who acts
independently of an association, political committee, political
fund, or sponsor of a ballot measure and spends only from the
individual's own resources a sum that is less than $500 in the
aggregate to produce or distribute material described in this
section at least seven days before the election at which the
proposed ballot measure would be voted on.
new text end

Sec. 23.

new text begin [3B.51] PAID ADVERTISEMENTS IN NEWS.
new text end

new text begin Subdivision 1. new text end

new text begin Required disclaimer. new text end

new text begin No publisher of a
newspaper, periodical, or magazine shall insert in that
newspaper, periodical, or magazine, and no radio or television
station shall broadcast, any matter paid or to be paid for which
tends or is intended to influence directly or indirectly:
new text end

new text begin (1) persons to sign or refuse to sign a ballot measure
petition; or
new text end

new text begin (2) voting at an election on a ballot measure unless it is
prominently indicated that it is a paid advertisement.
new text end

new text begin Subd. 2. new text end

new text begin Charges allowed. new text end

new text begin To the extent that any person
sells either advertising space or broadcast time used on behalf
of any measure, the charges made must not exceed the charges
made for any other comparable purpose or use according to the
seller's rate schedule.
new text end

Sec. 24.

new text begin [3B.52] CAMPAIGN FINANCE AND PUBLIC DISCLOSURE
BOARD.
new text end

new text begin The following are political committees for purposes of
chapter 10A:
new text end

new text begin (1) the sponsor of a ballot measure; and
new text end

new text begin (2) an association whose major purpose is to promote or
defeat a ballot measure.
new text end

Sec. 25.

new text begin [3B.53] PROHIBITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Acts prohibited. new text end

new text begin No person may:
new text end

new text begin (1) be paid compensation for signing a ballot measure
petition;
new text end

new text begin (2) publish any literature, campaign material, or
publication including cards, pamphlets, flyers, signs, banners,
leaflets, announcements, or other material or any radio or
television broadcast regarding a ballot measure that does not
bear the identification required by law;
new text end

new text begin (3) publish in any newspaper, periodical, or magazine any
paid advertising matter relating to a ballot measure that does
not contain the identification required by law;
new text end

new text begin (4) file a petition for a ballot measure with the secretary
of state without the written authorization of the sponsor;
new text end

new text begin (5) induce a person to sign a petition by fraud, force, or
the threat of force;
new text end

new text begin (6) pay compensation for signing a ballot measure petition;
new text end

new text begin (7) publish or broadcast any information regarding a ballot
measure with knowledge that it is false and which tends to
substantially affect adoption or rejection of the measure when
the publication or broadcast is undertaken primarily for the
purpose of influencing adoption or rejection;
new text end

new text begin (8) sign a petition with a name other than the person's own
name; or
new text end

new text begin (9) intentionally sign the same petition more than once.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person violating any provision of
subdivision 1, clauses (1) to (4), is guilty of a misdemeanor.
Any person violating any provision of subdivision 1, clauses (5)
to (9), is guilty of a gross misdemeanor.
new text end

Sec. 26.

new text begin [3B.54] ACTION BY AND NOTIFICATIONS TO
SPONSORS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized filers. new text end

new text begin Only the sponsor, or
those authorized by the sponsor in writing, may file any
required document or statement regarding ballot measure
petitions, measures, or campaigns including election contests or
petition signature count or validity contests.
new text end

new text begin Subd. 2. new text end

new text begin Sufficiency of authorization. new text end

new text begin The signature of
the chair or a person authorized in writing by the chair is
sufficient to authorize the filing of any statement or document
required by law. If the chair authorizes another person to file
any statement or document, a copy of the authorization must be
attached to the filed statement or document.
new text end

new text begin Subd. 3. new text end

new text begin Recipients of notice. new text end

new text begin A notice required to be
given to the sponsor must be given to those persons in
subdivision 2 who may authorize any filing.
new text end

Sec. 27.

new text begin [3B.55] JUDICIAL REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin The district court has
original jurisdiction of any suit involving:
new text end

new text begin (1) the sufficiency of the number or the validity of
signatures on petitions after the administrative determinations
by the secretary of state have been exhausted;
new text end

new text begin (2) resolution of conflicts between ballot measures as
provided by section 3B.47; or
new text end

new text begin (3) any suit alleging the unconstitutionality of an adopted
ballot measure.
new text end

new text begin Subd. 2. new text end

new text begin Venue. new text end

new text begin Venue for all suits and criminal
prosecutions involving ballot measures is in the district court
in Ramsey county.
new text end

Sec. 28.

new text begin [3B.56] COPIES.
new text end

new text begin The secretary of state shall provide the election officials
in each county with copies of each measure proposed by
initiative or referendum which must be made available to the
public.
new text end

Sec. 29.

new text begin [3B.57] INTERNET VOTER GUIDE.
new text end

new text begin Not later than 60 days before a state general election at
which a ballot measure will be voted on, the secretary of state
must publish on the secretary of state's official Web site an
electronic voter guide to each ballot measure. The voter guide
must contain:
new text end

new text begin (1) the text and the ballot question for each ballot
measure certified under section 3B.41 or referred by the
legislature under the Minnesota Constitution, article IV,
section 27; and
new text end

new text begin (2) the mailing address for the sponsor of each ballot
measure.
new text end

new text begin Upon the written request of a sponsor or of the chair of a
political committee registered under chapter 10A whose major
purpose is to promote or defeat a ballot measure that will be
voted on at the state general election, the voter guide also
must include links to Web sites maintained by the sponsor or by
such political committee.
new text end

Sec. 30.

Minnesota Statutes 2004, section 204C.33,
subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing
board shall meet at the county auditor's office on or before the
seventh day following the state general election. After taking
the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county
auditor. Upon completion of the canvass, the board shall
promptly prepare and file with the county auditor a report which
states:

deleted text begin (a) deleted text end new text begin (1) new text end the number of individuals voting at the election in
the county and in each precinct;

deleted text begin (b) deleted text end new text begin (2) new text end the number of individuals registering to vote on
election day and the number of individuals registered before
election day in each precinct;

deleted text begin (c) deleted text end new text begin (3) new text end the names of the candidates for each office and the
number of votes received by each candidate in the county and in
each precinct, including write-in candidates for state and
federal office who have requested under section 204B.09 that
votes for those candidates be tallied;

deleted text begin (d) deleted text end new text begin (4) new text end the number of votes counted for and against a
proposed change of county lines or county seat; deleted text begin and
deleted text end

deleted text begin (e) deleted text end new text begin (5) new text end the number of votes counted for and against a
constitutional amendment or other question in the county and in
each precinct new text begin ; and
new text end

new text begin (6) the number of votes counted for and against each
initiative and referendum new text end .

The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county
canvass, except that write-in votes for a candidate for state or
federal office must not be counted unless the candidate has
timely filed a request under section 204B.09, subdivision 3.
The county auditor shall arrange for each municipality to
provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election
judges for this purpose. The county auditor may open the
envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must
reseal the voted ballots at the conclusion of this process.

Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the
highest number of votes for each county and state office voted
for only within the county. The county auditor shall transmit
one of the certified copies of the county canvassing board
report for state and federal offices to the secretary of state
by express mail or similar service immediately upon conclusion
of the county canvass.

Sec. 31.

Minnesota Statutes 2004, section 204C.33,
subdivision 3, is amended to read:

Subd. 3.

State canvass.

The State Canvassing Board shall
meet at the secretary of state's office on the second Tuesday
following the state general election to canvass the certified
copies of the county canvassing board reports received from the
county auditors and shall prepare a report that states:

deleted text begin (a) deleted text end new text begin (1) new text end the number of individuals voting in the state and
in each county;

deleted text begin (b) deleted text end new text begin (2) new text end the number of votes received by each of the
candidates, specifying the counties in which they were cast; deleted text begin and
deleted text end

deleted text begin (c) deleted text end new text begin (3) new text end the number of votes counted for and against each
constitutional amendment, specifying the counties in which they
were cast new text begin ; and
new text end

new text begin (4) the number of votes counted for and against each
initiative and referendum new text end .

All members of the State Canvassing Board shall sign the
report and certify its correctness. The State Canvassing Board
shall declare the result within three days after completing the
canvass.

Sec. 32.

Minnesota Statutes 2004, section 204D.11, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Initiative and referendum ballot. new text end

new text begin All
initiative or referendum ballot questions must be on the pink
ballot. The order of the questions must be the order assigned
under section 3B.43.
new text end

Sec. 33. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 3 to 32 take effect the day after approval by the
people of the constitutional amendment proposed by section 1.
new text end