6th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; providing for conformity with 1.3 the federal Help America Vote Act; authorizing 1.4 rulemaking; providing for administration of elections; 1.5 conforming disclaimer requirements for campaign 1.6 material to constitutional limitations; amending 1.7 Minnesota Statutes 2002, sections 5.08; 15.0597, 1.8 subdivisions 2, 3, 4, 5, 6, 7; 15.0599, subdivision 4; 1.9 201.021; 201.022; 201.061, subdivisions 1, 3, by 1.10 adding a subdivision; 201.071, subdivisions 1, 2, 3; 1.11 201.091, subdivisions 4, 5, by adding a subdivision; 1.12 201.121, subdivision 1; 201.13, subdivision 1; 201.15, 1.13 as amended; 201.155; 201.161; 201.1611, subdivision 1; 1.14 201.171; 201.221, subdivisions 2, 3; 202A.14, 1.15 subdivision 3; 203B.06, subdivision 4; 203B.08, 1.16 subdivision 3; 203B.085; 203B.12, subdivision 2; 1.17 203B.16, by adding a subdivision; 203B.17; 203B.19; 1.18 203B.24, subdivision 2; 203B.26; 204B.06, subdivision 1.19 1; 204B.07, subdivision 2; 204B.09, subdivisions 1, 3; 1.20 204B.16, subdivision 3; 204B.19, subdivisions 1, 6; 1.21 204B.22, by adding a subdivision; 204B.36, subdivision 1.22 4; 204B.41; 204B.47; 204C.06, by adding a subdivision; 1.23 204C.08, by adding a subdivision; 204C.10; 204C.20, 1.24 subdivision 2; 204C.33, subdivision 1; 204C.35, by 1.25 adding a subdivision; 204C.36, by adding a 1.26 subdivision; 204C.361; 204D.14, by adding a 1.27 subdivision; 204D.27, subdivision 11; 205.075, by 1.28 adding a subdivision; 205.16, subdivision 4, by adding 1.29 a subdivision; 205.185, subdivisions 2, 3; 205A.02; 1.30 205A.07, by adding a subdivision; 206.57, by adding 1.31 subdivisions; 206.81; 206.90, subdivision 6; 211A.02, 1.32 by adding a subdivision; 211B.01, subdivision 2; 1.33 211B.04; 351.01, subdivision 4; 365.51, subdivision 3; 1.34 367.12; 414.041, subdivision 1; 447.32, subdivisions 1.35 3, 4; Minnesota Statutes 2003 Supplement, section 1.36 205A.07, subdivision 3; proposing coding for new law 1.37 in Minnesota Statutes, chapters 201; 204C; 204D. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 ARTICLE 1 1.40 HAVA COMPLIANCE 1.41 Section 1. Minnesota Statutes 2002, section 201.021, is 2.1 amended to read: 2.2 201.021 [PERMANENT REGISTRATION SYSTEM.] 2.3 A permanent system of voter registration by county is 2.4 established, with
the county systems linked together by a2.5 centralized statewide systema single, official, centralized, 2.6 interactive computerized statewide voter registration list 2.7 defined, maintained, and administered at the state level that 2.8 contains the name and registration information of every legally 2.9 registered voter in the state, and assigns a unique identifier 2.10 to each legally registered voter in the state. The interactive 2.11 computerized statewide voter registration list constitutes the 2.12 official list of every legally registered voter in the state. 2.13 The county auditor shall be chief registrar of voters and the 2.14 chief custodian of the official registration records in each 2.15 county. The secretary of state is responsible for defining, 2.16 maintaining, and administering the centralized system. 2.17 Sec. 2. Minnesota Statutes 2002, section 201.022, is 2.18 amended to read: 2.19 201.022 [STATEWIDE REGISTRATION SYSTEM.] 2.20 Subdivision 1. [ESTABLISHMENT.] The secretary of state 2.21 shall maintain a statewide voter registration system to 2.22 facilitate voter registration and to provide a central database 2.23 containing voter registration information from around the 2.24 state. The system must be accessible to the county auditor of 2.25 each county in the state. The system must also: 2.26 (1) provide for voters to submit their voter registration 2.27 applications to any county auditor, the secretary of state, or 2.28 the Department of Public Safety; 2.29 (2) provide for the definition, establishment, and 2.30 maintenance of a central database for all voter registration 2.31 information; 2.32 (3) provide for entering data into the statewide 2.33 registration system; 2.34 (4) provide for electronic transfer of completed voter 2.35 registration applications from the Department of Public Safety 2.36 to the secretary of state or the county auditor; 3.1 (5) assign a unique identifier to each legally registered 3.2 voter in the state; 3.3 (6) provide for the acceptance of the Minnesota driver's 3.4 license number, Minnesota state identification number, and last 3.5 four digits of the Social Security number for each voter record; 3.6 (7) coordinate with other agency databases within the 3.7 state; 3.8 (8) allow county auditors and the secretary of state to add 3.9 or modify information in the system to provide for accurate and 3.10 up-to-date records; 3.11 (9) allow county auditors, municipal and school district 3.12 clerks, and the secretary of state to have electronic access to 3.13 the statewide registration system for review and search 3.14 capabilities; 3.15 (10) provide security and protection of all information in 3.16 the statewide registration system and ensure that unauthorized 3.17 access is not allowed; 3.18 (11) provide access to municipal clerks to use the system; 3.19 (12) provide a system for each county to identify the 3.20 precinct to which a voter should be assigned for voting 3.21 purposes; 3.22 (13) provide daily reports accessible by county auditors on 3.23 the driver's license numbers, state identification numbers, or 3.24 last four digits of the Social Security numbers submitted on 3.25 voter registration applications that have been verified as 3.26 accurate by the secretary of state; and 3.27 (14) provide reports on the number of absentee ballots 3.28 transmitted to and returned and cast by voters under section 3.29 203B.16. 3.30 The appropriate state or local official shall provide 3.31 security measures to prevent unauthorized access to the 3.32 computerized list established under section 201.021. 3.33 Subd. 2. [RULES.] The secretary of state shall make 3.34 permanent rules necessary to administer the system required in 3.35 subdivision 1. The rules must at least:3.36 (1) provide for voters to submit their registration to any4.1 county auditor, the secretary of state, or the Department of4.2 Public Safety;4.3 (2) provide for the establishment and maintenance of a4.4 central database for all voter registration information;4.5 (3) provide procedures for entering data into the statewide4.6 registration system;4.7 (4) provide for interaction with the computerized driver's4.8 license records of the Department of Public Safety;4.9 (5) allow the offices of all county auditors and the4.10 secretary of state to add, modify, and delete information from4.11 the system to provide for accurate and up-to-date records;4.12 (6) allow the offices of all county auditors and the4.13 Secretary of State's Office to have access to the statewide4.14 registration system for review and search capabilities;4.15 (7) provide security and protection of all information in4.16 the statewide registration system and to ensure that4.17 unauthorized entry is not allowed;4.18 (8) provide a system for each county to identify the4.19 precinct to which a voter should be assigned for voting4.20 purposes; and4.21 (9) prescribe a procedure for the return of completed voter4.22 registration forms from the Department of Public Safety to the4.23 secretary of state or the county auditor.4.24 Sec. 3. Minnesota Statutes 2002, section 201.061, 4.25 subdivision 1, is amended to read: 4.26 Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except 4.27 during the 20 days immediately preceding any election, an 4.28 eligible voter or any individual who will be an eligible voter 4.29 at the time of the next election may register to vote in the 4.30 precinct in which the voter maintains residence by completing 4.31 a voter registration cardapplication as described in section 4.32 201.071, subdivision 1, and submitting it in person or by mail 4.33 to the county auditor of that county or to the Secretary of 4.34 State's Office. A registration that is received no later than 4.35 5:00 p.m. on the 21st day preceding any election shall be 4.36 accepted. An improperly addressed or delivered 5.1 registration cardapplication shall be forwarded within two 5.2 working days after receipt to the county auditor of the county 5.3 where the voter maintains residence. A state or local agency or 5.4 an individual that accepts completed voter registration 5.5 cardsapplications from a voter must submit the completed cards5.6 applications to the secretary of state or the appropriate county 5.7 auditor within ten days after the cardsapplications are dated 5.8 by the voter. 5.9 For purposes of this section, mail registration is defined 5.10 as a voter registration application delivered to the secretary 5.11 of state, county auditor, or municipal clerk by the United 5.12 States Postal Service or a commercial carrier. 5.13 Sec. 4. Minnesota Statutes 2002, section 201.061, is 5.14 amended by adding a subdivision to read: 5.15 Subd. 1a. [INCOMPLETE REGISTRATION BY MAIL.] If the county 5.16 auditor determines that a voter who has submitted a voter 5.17 registration application by mail has not previously voted in 5.18 this state for a federal office and has also not presented a 5.19 document authorized for election day registration in section 5.20 201.061, subdivision 3, to the auditor, and the county auditor 5.21 is unable to verify the voter's driver's license, state 5.22 identification, or last four digits of the voter's Social 5.23 Security number as provided by the voter on the voter 5.24 registration application, then the county auditor must notify 5.25 the voter that the registration is incomplete and to complete 5.26 registration by using one of the following methods: 5.27 (1) presenting to the auditor more than 20 days before the 5.28 election a document authorized for election day registration in 5.29 section 201.061, subdivision 3; 5.30 (2) registering in person before or on election day; 5.31 (3) if voting by absentee ballot or by mail, following 5.32 election day registration procedures for absentee voters as 5.33 described in section 203B.04, subdivision 4; or 5.34 (4) providing proof of residence by any of the methods 5.35 authorized for election day registration in section 201.061, 5.36 subdivision 3. 6.1 Sec. 5. Minnesota Statutes 2002, section 201.061, 6.2 subdivision 3, is amended to read: 6.3 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 6.4 eligible to vote may register on election day by appearing in 6.5 person at the polling place for the precinct in which the 6.6 individual maintains residence, by completing a 6.7 registration cardapplication, making an oath in the form 6.8 prescribed by the secretary of state and providing proof of 6.9 residence. An individual may prove residence for purposes of 6.10 registering by: 6.11 (1) showingpresenting a driver's license or Minnesota 6.12 identification card issued pursuant to section 171.07; 6.13 (2) showingpresenting any document approved by the 6.14 secretary of state as proper identification; 6.15 (3) showingpresenting one of the following: 6.16 (i) a current valid student identification card from a 6.17 postsecondary educational institution in Minnesota, if a list of 6.18 students from that institution has been prepared under section 6.19 135A.17 and certified to the county auditor in the manner 6.20 provided in rules of the secretary of state; or 6.21 (ii) a current student fee statement that contains the 6.22 student's valid address in the precinct together with a picture 6.23 identification card; or 6.24 (4) having a voter who is registered to vote in the 6.25 precinct sign an oath in the presence of the election judge 6.26 vouching that the voter personally knows that the individual is 6.27 a resident of the precinct. A voter who has been vouched for on 6.28 election day may not sign a proof of residence oath vouching for 6.29 any other individual on that election day ; or. 6.30 (5)For tribal band members living on an Indian 6.31 reservation, an individual may prove residence for purposes of 6.32 registering by showingpresenting an identification card issued 6.33 by the tribal government of a tribe recognized by the Bureau of 6.34 Indian Affairs, United States Department of the Interior, that 6.35 contains the name, street address, signature, and picture of the 6.36 individual. The county auditor of each county having territory 7.1 within the reservation shall maintain a record of the number of 7.2 election day registrations accepted under this section. 7.3 A county, school district, or municipality may require that 7.4 an election judge responsible for election day registration 7.5 initial each completed registration cardapplication. 7.6 Sec. 6. Minnesota Statutes 2002, section 201.071, 7.7 subdivision 1, is amended to read: 7.8 Subdivision 1. [FORM.] A voter registration card7.9 application must be of suitable size and weight for mailing and 7.10 contain spaces for the following required information: voter's 7.11 first name, middle name, and last name; voter's previous name, 7.12 if any; voter's current address; voter's previous address, if 7.13 any; voter's date of birth; voter's municipality and county of 7.14 residence; voter's telephone number, if provided by the voter; 7.15 date of registration; current and valid Minnesota driver's 7.16 license number or Minnesota state identification number, or if 7.17 the voter has no current and valid Minnesota driver's license or 7.18 Minnesota state identification, the last four digits of the 7.19 voter's Social Security number; and voter's signature. The 7.20 registration application may include the voter's e-mail address, 7.21 if provided by the voter, and the voter's interest in serving as 7.22 an election judge, if indicated by the voter. The card7.23 application must also contain athe following certification of 7.24 voter eligibility .: 7.25 "I certify that I: 7.26 (1) will be at least 18 years old on election day; 7.27 (2) am a citizen of the United States; 7.28 (3) will have resided in Minnesota for 20 days immediately 7.29 preceding election day; 7.30 (4) maintain residence at the address given on the 7.31 registration form; 7.32 (5) am not under court-ordered guardianship of the person 7.33 where I have not retained the right to vote; 7.34 (6) have not been found by a court to be legally 7.35 incompetent to vote; 7.36 (7) have not been convicted of a felony without having my 8.1 civil rights restored; and 8.2 (8) have read and understand the following statement: that 8.3 giving false information is a felony punishable by not more than 8.4 five years imprisonment or a fine of not more than $10,000, or 8.5 both." 8.6 The certification must include boxes for the voter to 8.7 respond to the following questions: 8.8 "(1) Are you a citizen of the United States?" and 8.9 "(2) Will you be 18 years old on or before election day?" 8.10 And the instruction: 8.11 "If you checked 'no' to either of these questions, do not 8.12 complete this form." 8.13 The form of the voter registration cardapplication and the 8.14 certification of voter eligibility must be as provided in the8.15 rules of the secretary of statethis subdivision and approved by 8.16 the secretary of state. Voter registration forms authorized by 8.17 the National Voter Registration Act may also be accepted as 8.18 valid. 8.19 An individual may use a voter registration application to 8.20 apply to register to vote in Minnesota or to change information 8.21 on an existing registration. 8.22 Sec. 7. Minnesota Statutes 2002, section 201.071, 8.23 subdivision 2, is amended to read: 8.24 Subd. 2. [INSTRUCTIONS.] A registration cardapplication 8.25 shall be accompanied by instructions specifying the manner and 8.26 method of registration, the qualifications for voting, the 8.27 penalties for false registration, and the availability of 8.28 registration and voting assistance for elderly and handicapped 8.29 individuals and residents of health care facilities and 8.30 hospitals. The instructions must indicate that if the voter 8.31 does not have a valid Minnesota driver's license or 8.32 identification card, the last four digits of the voter's Social 8.33 Security number must be provided, unless the voter does not have 8.34 a Social Security number. If, prior to election day, a person 8.35 requests the instructions in Braille, on cassette tape, or in a 8.36 version printed in 16-point bold type with heavy24-point 9.1 leading, the county auditor shall provide them in the form 9.2 requested. The secretary of state shall prepare Braille and 9.3 cassette copies and make them available. 9.4 Sec. 8. Minnesota Statutes 2002, section 201.071, 9.5 subdivision 3, is amended to read: 9.6 Subd. 3. [DEFICIENT REGISTRATION.] No voter registration 9.7 application is deficient if it contains the voter's name, 9.8 address, date of birth, current and valid Minnesota driver's 9.9 license number or Minnesota state identification number, or if 9.10 the voter has no current and valid Minnesota driver's license or 9.11 Minnesota state identification number, the last four digits of 9.12 the voter's Social Security number, if the voter has been issued 9.13 a Social Security number, prior registration, if any, and 9.14 signature. The absence of a zip code number does not cause the 9.15 registration to be deficient. Failure to check a box on an 9.16 application form that a voter has certified to be true does not 9.17 cause the registration to be deficient. The election judges 9.18 shall request an individual to correct a voter registration card9.19 application if it is deficient or illegible or if the name or 9.20 number of the voter's school district is missing or obviously 9.21 incorrect. No eligible voter may be prevented from voting 9.22 unless the voter's registration cardapplication is deficient or 9.23 the voter is duly and successfully challenged in accordance with 9.24 section 201.195 or 204C.12. 9.25 A voter registration cardapplication accepted prior to 9.26 August 1, 1983, is not deficient for lack of date of birth. The 9.27 county or municipality may attempt to obtain the date of birth 9.28 for a voter registration cardapplication accepted prior to 9.29 August 1, 1983, by a request to the voter at any time except at 9.30 the polling place. Failure by the voter to comply with this 9.31 request does not make the registration deficient. 9.32 A voter registration application accepted before January 1, 9.33 2004, is not deficient for lack of a valid Minnesota driver's 9.34 license or state identification number or the last four digits 9.35 of a Social Security number. A voter registration application 9.36 submitted by a voter who does not have a Minnesota driver's 10.1 license or state identification number, or a Social Security 10.2 number, is not deficient for lack of any of these numbers. 10.3 Sec. 9. Minnesota Statutes 2002, section 201.091, 10.4 subdivision 4, is amended to read: 10.5 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 10.6 shall make available for inspection a public information list 10.7 which must contain the name, address, year of birth, and voting 10.8 history of each registered voter in the county. The telephone 10.9 number must be included on the list if provided by the voter. 10.10 The public information list may also include information on 10.11 voting districts. The county auditor may adopt reasonable rules 10.12 governing access to the list. No individual inspecting the 10.13 public information list shall tamper with or alter it in any 10.14 manner. No individual who inspects the public information list 10.15 or who acquires a list of registered voters prepared from the 10.16 public information list may use any information contained in the 10.17 list for purposes unrelated to elections, political activities, 10.18 or law enforcement. The secretary of state may provide copies 10.19 of the public information lists and other information from the 10.20 statewide registration system for uses related to elections, 10.21 political activities, or in response to a law enforcement 10.22 inquiry from a public official concerning a failure to comply 10.23 with any criminal statute or any state or local tax statute. 10.24 Before inspecting the public information list or obtaining 10.25 a list of voters or other information from the list, the 10.26 individual shall provide identification to the public official 10.27 having custody of the public information list and shall state in 10.28 writing that any information obtained from the list will not be 10.29 used for purposes unrelated to elections, political activities, 10.30 or law enforcement. Requests to examine or obtain information 10.31 from the public information lists or the statewide registration 10.32 system must be made and processed in the manner provided in the 10.33 rules of the secretary of state. 10.34 Upon receipt of a written request and a copy of the court 10.35 order, the secretary of state maymust withhold from the public 10.36 information list the name of any registered voter placed under 11.1 court-ordered protection. 11.2 Sec. 10. Minnesota Statutes 2002, section 201.091, 11.3 subdivision 5, is amended to read: 11.4 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 11.5 auditors and the secretary of state shall provide papercopies 11.6 of the public information lists and may provide the lists in11.7 some other formin electronic or other media to any voter 11.8 registered in Minnesota within ten days of receiving a written 11.9 request accompanied by payment of the cost of reproduction. The 11.10 county auditors and the secretary of state shall make a copy of 11.11 the list available for public inspection without cost. An 11.12 individual who inspects or acquires a copy of a public 11.13 information list may not use any information contained in it for 11.14 purposes unrelated to elections, political activities, or law 11.15 enforcement. No list made available for public inspection or11.16 purchase may include the date of birth of a registered voter.11.17 Sec. 11. Minnesota Statutes 2002, section 201.091, is 11.18 amended by adding a subdivision to read: 11.19 Subd. 9. [RESTRICTED DATA.] A list provided for public 11.20 inspection or purchase, for jury selection, or in response to a 11.21 law enforcement inquiry, must not include a voter's date of 11.22 birth or any part of a voter's Social Security number, driver's 11.23 license number, or identification card number. 11.24 Sec. 12. Minnesota Statutes 2002, section 201.121, 11.25 subdivision 1, is amended to read: 11.26 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] 11.27 (a) Upon receivingAt the time a voter registration card11.28 application is properly completed and, submitted, and received 11.29 in accordance with sections 201.061 and 201.071, the county 11.30 auditor shall enter inthe information contained on it into the 11.31 statewide registration system the information contained on it. 11.32 Voter registration cardsapplications completed before election 11.33 day must be entered into the statewide registration system 11.34 within ten days after they have been submitted to the county 11.35 auditor. Voter registration applications completed on election 11.36 day must be entered into the statewide registration system 12.1 within 42 days after the election, unless the county auditor 12.2 notifies the secretary of state before the 42-day deadline has 12.3 expired that the deadline will not be met. 12.4 (b) Upon receiving a completed voter registration card or12.5 formapplication, the secretary of state may electronically 12.6 transmit the information on the card or formapplication to the 12.7 appropriate county auditor as soon as possible for review by the 12.8 county auditor before final entry into the statewide 12.9 registration system. The secretary of state may mail the voter 12.10 registration card or formapplication to the county auditor. 12.11 (c) Within ten days after the county auditor has entered 12.12 information from a voter registration application into the 12.13 statewide registration system, the secretary of state shall 12.14 compare the voter's name, date of birth, and driver's license 12.15 number, state identification number, or the last four digits of 12.16 the Social Security number with the same information contained 12.17 in the Department of Public Safety database. 12.18 (d) The secretary of state shall provide a report to the 12.19 county auditor on a weekly basis that includes a list of voters 12.20 whose name, date of birth, or identification number have been 12.21 compared with the same information in the Department of Public 12.22 Safety database and cannot be verified as provided in this 12.23 subdivision. The report must list separately those voters who 12.24 have submitted a voter registration application by mail and have 12.25 not voted in a federal election in this state. 12.26 (e) The county auditor shall compile a list of voters for 12.27 whom the county auditor and the secretary of state are unable to 12.28 conclude that information on the voter registration application 12.29 and the corresponding information in the Department of Public 12.30 Safety database relate to the same person. 12.31 (f) The county auditor shall send a notice of incomplete 12.32 registration to any voter whose name appears on the list and 12.33 change the voter's status to "incomplete." A voter who receives 12.34 a notice of incomplete registration from the county auditor may 12.35 either provide the information required to complete the 12.36 registration at least 21 days before the next election or at the 13.1 polling place on election day. 13.2 Sec. 13. Minnesota Statutes 2002, section 201.13, 13.3 subdivision 1, is amended to read: 13.4 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 13.5 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 13.6 2002, Public Law 107-252, the commissioner of health shall 13.7 report monthly by electronic means to the secretary of state the 13.8 name, address, date of birth, and county of residence of each 13.9 individual 18 years of age or older who has died while 13.10 maintaining residence in Minnesota since the last previous 13.11 report. The secretary of state shall determine if any of the 13.12 persons listed in the report are registered to vote and shall 13.13 prepare a list of those registrants for each county auditor. 13.14 Within 60 days after receiving the list from the secretary of 13.15 state, the county auditor shall change the status of those 13.16 registrants to "deceased" in the statewide registration system. 13.17 Sec. 14. Minnesota Statutes 2002, section 201.15, as 13.18 amended by Laws 2003, chapter 12, article 2, section 3, is 13.19 amended to read: 13.20 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 13.21 COMMITMENTS.] 13.22 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 13.23 to the Help America Vote Act of 2002, Public Law 107-252, the 13.24 state court administrator shall report monthly by electronic 13.25 means to the secretary of state the name, address, and date of 13.26 birth of each individual 18 years of age or over, who during the 13.27 month preceding the date of the report: 13.28 (a) was placed under a guardianship of the person in which 13.29 the court order provides that the ward does not retain the right 13.30 to vote; or 13.31 (b) was adjudged legally incompetent. 13.32 The court administrator shall also report the same 13.33 information for each individual transferred to the jurisdiction 13.34 of the court who meets a condition specified in clause (a) or 13.35 (b). The secretary of state shall determine if any of the 13.36 persons in the report is registered to vote and shall prepare a 14.1 list of those registrants for the county auditor. The county 14.2 auditor shall change the status on the record in the statewide 14.3 registration system of any individual named in the report to 14.4 indicate that the individual is not eligible to reregister or 14.5 vote. 14.6 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 14.7 America Vote Act of 2002, Public Law 107-252, the state court 14.8 administrator shall report monthly by electronic means to the 14.9 secretary of state the name, address, and date of birth of each 14.10 individual transferred from guardianship to conservatorship or 14.11 who is restored to capacity by the court after being ineligible 14.12 to vote for any of the reasons specified in subdivision 1. The 14.13 secretary of state shall determine if any of the persons in the 14.14 report is registered to vote and shall prepare a list of those 14.15 registrants for the county auditor. The county auditor shall 14.16 change the status on the voter's record in the statewide 14.17 registration system to "active." 14.18 Sec. 15. Minnesota Statutes 2002, section 201.155, is 14.19 amended to read: 14.20 201.155 [REPORT ON FELONY CONVICTIONS.] 14.21 Pursuant to the Help America Vote Act of 2002, Public Law 14.22 107-252, the state court administrator shall report monthly by 14.23 electronic means to the secretary of state the name, address, 14.24 date of birth, date of sentence, effective date of the sentence, 14.25 and county in which the conviction occurred of each person who 14.26 has been convicted of a felony. The state court administrator 14.27 shall also report the name, address, and date of birth of each 14.28 person previously convicted of a felony whose civil rights have 14.29 been restored. The secretary of state shall determine if any of 14.30 the persons in the report is registered to vote and shall 14.31 prepare a list of those registrants for each county auditor. 14.32 The county auditor shall change the status of those registrants 14.33 in the appropriate manner in the statewide registration system. 14.34 Sec. 16. Minnesota Statutes 2002, section 201.161, is 14.35 amended to read: 14.36 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 15.1 APPLICATIONS.] 15.2 The Department of Public Safety shall change its 15.3 applications for an original, duplicate, or change of address 15.4 driver's license or identification card so that the forms may 15.5 also serve as voter registration cardsapplications. The forms 15.6 must contain spaces for the information required in section 15.7 201.071, subdivision 1, and applicable rules of the secretary of 15.8 state. Applicants for driver's licenses or identification cards 15.9 must be asked if they want to register to vote at the same 15.10 time and that information must be transmitted at least weekly by 15.11 electronic means to the secretary of state. A copy of each15.12 application containing a completed voter registration must be15.13 sent to the county auditor of the county in which the voter15.14 maintains residence or to the secretary of state as soon as15.15 possible.Pursuant to the Help America Vote Act of 2002, Public 15.16 Law 107-252, the computerized driver's license record 15.17 information relating tocontaining the voter's name, address, 15.18 date of birth, driver's license number or state identification 15.19 number, county, town, and city must be made available for access 15.20 by the secretary of state and interaction with the statewide 15.21 voter registration system. 15.22 Sec. 17. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 15.23 SECURITY NUMBER.] 15.24 The secretary of state shall enter into an agreement with 15.25 the commissioner of public safety to match information in the 15.26 statewide voter registration system with information in the 15.27 Department of Public Safety database to verify the accuracy of 15.28 the information provided on applications for voter registrations. 15.29 The commissioner of public safety shall enter into an 15.30 agreement with the commissioner of the United States Social 15.31 Security Administration under section 205(r)(8) of the Social 15.32 Security Act to allow the use of the last four digits of the 15.33 Social Security number to be used to verify voter registration 15.34 information, to ensure the maintenance of the confidentiality of 15.35 any applicable information disclosed, and to establish 15.36 procedures to permit the department to use the information for 16.1 purposes of maintaining its records. 16.2 Sec. 18. Minnesota Statutes 2002, section 201.171, is 16.3 amended to read: 16.4 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 16.5 REGISTRATION REMOVED.] 16.6 Within six weeks after every election, the county auditor 16.7 shall post the voting history for every person who voted in the 16.8 election. After the close of the calendar year, the secretary 16.9 of state shall determine if any registrants have not voted 16.10 during the preceding four years and. The secretary of state 16.11 shall changeperform list maintenance by changing the status of 16.12 those registrants to "inactive" in the statewide registration 16.13 system. The list maintenance performed must be conducted in a 16.14 manner that ensures that the name of each registered voter 16.15 appears in the official list of eligible voters in the statewide 16.16 registration system. A voter must not be removed from the 16.17 official list of eligible voters unless the voter is not 16.18 eligible or is not registered to vote. List maintenance must 16.19 include procedures for eliminating duplicate names from the 16.20 official list of eligible voters. 16.21 The secretary of state shall also prepare a report to the 16.22 county auditor containing the names of all registrants whose 16.23 status was changed to "inactive." 16.24 Although not counted in an election, a late absentee ballot 16.25 must be considered a vote for the purpose of continuing 16.26 registration. 16.27 Sec. 19. Minnesota Statutes 2002, section 201.221, 16.28 subdivision 2, is amended to read: 16.29 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 16.30 of state shall assist local election officers by devising 16.31 uniform forms and procedures. The secretary of state shall 16.32 provide uniform rules for maintaining voter registration records 16.33 on the statewide registration system. The secretary of state 16.34 shall supervise the development and use of the statewide 16.35 registration system to insure that it conforms to applicable 16.36 federal and state laws and rules. 17.1 Sec. 20. Minnesota Statutes 2002, section 201.221, 17.2 subdivision 3, is amended to read: 17.3 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 17.4 secretary of state shall prescribe the form of polling place 17.5 rosters that include the voter's name, address, date of birth, 17.6 school district number, and space for the voter's 17.7 signature. The secretary of state may prescribe additional 17.8 election-related information to be placed on the polling place 17.9 rosters on an experimental basis for one state primary and 17.10 general election cycle; the same information may not be placed 17.11 on the polling place roster for a second state primary and 17.12 general election cycle unless specified in this subdivision. 17.13 The polling place roster must be used to indicate whether the 17.14 voter has voted in a given election. The secretary of state 17.15 shall prescribe procedures for transporting the polling place 17.16 rosters to the election judges for use on election day. The 17.17 secretary of state shall prescribe the form for a county or 17.18 municipality to request the date of birth from currently 17.19 registered voters. The county or municipality shall not request 17.20 the date of birth from currently registered voters by any 17.21 communication other than the prescribed form and the form must 17.22 clearly indicate that a currently registered voter does not lose 17.23 registration status by failing to provide the date of birth. In 17.24 accordance with section 204B.40, the county auditor shall retain 17.25 the prescribed polling place rosters used on the date of 17.26 election for one year22 months following the election. 17.27 Sec. 21. Minnesota Statutes 2002, section 203B.06, 17.28 subdivision 4, is amended to read: 17.29 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 17.30 application for ballots, the county auditor, municipal clerk, or 17.31 election judge acting pursuant to section 203B.11, who receives 17.32 the application shall determine whether the applicant is a 17.33 registered voter. If the applicant is not registered to vote, 17.34 the county auditor, municipal clerk or election judge shall 17.35 include a voter registration cardapplication among the election 17.36 materials provided to the applicant. 18.1 Sec. 22. Minnesota Statutes 2002, section 203B.08, 18.2 subdivision 3, is amended to read: 18.3 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 18.4 ballots are returned to a county auditor or municipal clerk, 18.5 that official shall stamp and date the return envelope with an 18.6 official seal of the office and place it in a secure location 18.7 with other return envelopes received by that office. The county 18.8 auditor or municipal clerk shall deliver themto the appropriate 18.9 election judges on election day all ballots received before or 18.10 with the last mail delivery by the United States Postal Service 18.11 on election day. A town clerk may request the United States 18.12 Postal Service to deliver absentee ballots to the polling place 18.13 on election day instead of to the official address of the town 18.14 clerk. 18.15 Sec. 23. Minnesota Statutes 2002, section 203B.12, 18.16 subdivision 2, is amended to read: 18.17 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 18.18 election judges shall examine each return envelope and shall 18.19 mark it accepted or rejected in the manner provided in this 18.20 subdivision. If a ballot has been prepared under section 18.21 204B.12, subdivision 2a, or 204B.41, the election judges shall 18.22 not begin removing ballot envelopes from the return envelopes 18.23 until 8:00 p.m. on election day, either in the polling place or 18.24 at an absentee ballot board established under section 203B.13. 18.25 The election judges shall mark the return envelope 18.26 "Accepted" and initial or sign the return envelope below the 18.27 word "Accepted" if the election judges or a majority of them are 18.28 satisfied that: 18.29 (1) the voter's name and address on the return envelope are 18.30 the same as the information provided on the absentee ballot 18.31 application; 18.32 (2) the voter's signature on the return envelope is the 18.33 genuine signature of the individual who made the application for 18.34 ballots and the certificate has been completed as prescribed in 18.35 the directions for casting an absentee ballot; 18.36 (3) the voter is registered and eligible to vote in the 19.1 precinct or has included a properly completed voter registration 19.2 cardapplication in the return envelope; and 19.3 (4) the voter has not already voted at that election, 19.4 either in person or by absentee ballot. 19.5 The return envelope from accepted ballots must be preserved 19.6 and returned to the county auditor. 19.7 If all or a majority of the election judges examining 19.8 return envelopes find that an absent voter has failed to meet 19.9 one of the requirements prescribed in clauses (1) to (4), they 19.10 shall mark the return envelope "Rejected," initial or sign it 19.11 below the word "Rejected," and return it to the county auditor. 19.12 Sec. 24. Minnesota Statutes 2002, section 203B.16, is 19.13 amended by adding a subdivision to read: 19.14 Subd. 4. [DUTIES OF SECRETARY OF STATE.] The secretary of 19.15 state shall provide information regarding voter registration and 19.16 absentee balloting procedures to be used by absent uniformed 19.17 services voters, their spouses and dependents, and overseas 19.18 voters. 19.19 Sec. 25. Minnesota Statutes 2002, section 203B.17, is 19.20 amended to read: 19.21 203B.17 [APPLICATION FOR BALLOT.] 19.22 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 19.23 application for absentee ballots for a voter described in 19.24 section 203B.16 may be submitted in writing or by electronic 19.25 facsimile device, or by electronic mail upon determination by 19.26 the secretary of state that security concerns have been 19.27 adequately addressed. An application for absentee ballots for a 19.28 voter described in section 203B.16 may be submitted by that 19.29 voter or by that voter's parent, spouse, sister, brother, or 19.30 child over the age of 18 years. For purposes of an application 19.31 under this subdivision, a person's Social Security number, no 19.32 matter how it is designated, qualifies as the person's military 19.33 identification number if the person is in the military. 19.34 (b) An application for a voter described in section 19.35 203B.16, subdivision 1, shall be submitted to the county auditor 19.36 of the county where the voter maintains residence. 20.1 (c) An application for a voter described in section 20.2 203B.16, subdivision 2, shall be submitted to the county auditor 20.3 of the county where the voter last maintained residence in 20.4 Minnesota. 20.5 (d) An application for absentee ballots for a primaryshall 20.6 also constitute an application for absentee ballots for any20.7 ensuingbe valid for any primary, special primary, general 20.8 election, or special election conducted during the same calendar20.9 year in whichfrom the time the application is received through 20.10 the next two regularly scheduled general elections for federal 20.11 office held after the date on which the application is received. 20.12 (e) There shall be no limitation of time for filing and 20.13 receiving applications for ballots under sections 203B.16 to 20.14 203B.27. 20.15 Subd. 2. [REQUIRED INFORMATION.] An application shall be 20.16 accepted if it contains the following information stated under 20.17 oath: 20.18 (a) The voter's name, birthdate, and present address of 20.19 residence in Minnesota, or former address of residence in 20.20 Minnesota if the voter is living permanently outside the United 20.21 States; 20.22 (b) A statement indicating that the voter is in the 20.23 military, or is the spouse or dependent of an individual serving 20.24 in the military, or is temporarily outside the territorial 20.25 limits of the United States, or is living permanently outside 20.26 the territorial limits of the United States and voting under 20.27 federal law; 20.28 (c) A statement that the voter expects to be absent from 20.29 the precinct at the time of the election; 20.30 (d) The address to which absentee ballots are to be mailed; 20.31 (e) The voter's signature or the signature and relationship 20.32 of the individual authorized to apply on the voter's behalf; and 20.33 (f) The voter's military identification card number, 20.34 passport number, or, if the voter does not have a valid passport 20.35 or identification card, the signed statement of an individual 20.36 authorized to administer oaths or a commissioned or 21.1 noncommissioned officer of the military not below the rank of 21.2 sergeant or its equivalent, certifying that the voter or other 21.3 individual requesting absentee ballots has attested to the 21.4 truthfulness of the contents of the application under oath. 21.5 The oath taken must be the standard oath prescribed by 21.6 section 101(b)(7) of the Uniformed and Overseas Citizens 21.7 Absentee Voting Act. 21.8 A form for providing this information shall be prepared by 21.9 each county auditor and shall be furnished to individuals who 21.10 request it pursuant to this section. 21.11 Sec. 26. Minnesota Statutes 2002, section 203B.19, is 21.12 amended to read: 21.13 203B.19 [RECORDING APPLICATIONS.] 21.14 Upon accepting an application, the county auditor shall 21.15 record in the statewide registration system the voter's name, 21.16 address of present or former residence in Minnesota, mailing 21.17 address, school district number, and the category under section21.18 203B.16, to which the voter belongswhether the voter is in the 21.19 military or the spouse or dependent of an individual serving in 21.20 the military, is a voter temporarily outside the territorial 21.21 limits of the United States, or is living permanently outside 21.22 the territorial limits of the United States and voting under 21.23 federal law. The county auditor shall retain the record 21.24 for foursix years. A voter whose name is recorded as provided 21.25 in this section shall not be required to register under any 21.26 other provision of law in order to vote under sections 203B.16 21.27 to 203B.27. Persons from whom applications are not accepted 21.28 must be notified by the county auditor and provided with the 21.29 reasons for the rejection. 21.30 No later than 60 days after the general election, the 21.31 county auditor shall report to the secretary of state the 21.32 combined number of absentee ballots transmitted to absent voters 21.33 described in section 203B.16. No later than 60 days after the 21.34 general election, the county auditor shall report to the 21.35 secretary of state the combined number of absentee ballots 21.36 returned and cast by absent voters described in section 22.1 203B.16. The secretary of state may require the information be 22.2 reported by category under section 203B.16 or by precinct. 22.3 No later than 90 days after the general election, the 22.4 secretary of state shall report to the federal Election 22.5 Assistance Commission the number of absentee ballots transmitted 22.6 to voters under section 203B.16. 22.7 Sec. 27. Minnesota Statutes 2002, section 203B.24, 22.8 subdivision 2, is amended to read: 22.9 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 22.10 shall compare the voter's name with the names appearing on their 22.11 copy of the application records to insure that the voter has not 22.12 already returned a ballot in the election. The election judges 22.13 must indicate on the record whether an absentee ballot was 22.14 accepted for each applicant whose name appears on the record. 22.15 If a voter whose application has been recorded under section 22.16 203B.19 casts a ballot in person on election day, no absentee 22.17 ballot shall be counted for that voter. If more than one return 22.18 envelope is received from a voter whose application has been 22.19 recorded under section 203B.19, the ballots in the return 22.20 envelope bearing the latest date shall be counted and the 22.21 uncounted ballots shall be returned by the election judges with 22.22 the rejected ballots. The election judges must preserve the 22.23 record and return it to the county auditor or municipal clerk 22.24 with the election day materials. 22.25 Sec. 28. Minnesota Statutes 2002, section 203B.26, is 22.26 amended to read: 22.27 203B.26 [SEPARATE RECORD.] 22.28 A separate record of the ballots of absent voters cast 22.29 under sections 203B.16 to 203B.27 shallmust be kept in each 22.30 precinct. The content of the record must be in a form 22.31 prescribed by the secretary of state. 22.32 Sec. 29. Minnesota Statutes 2002, section 204B.47, is 22.33 amended to read: 22.34 204B.47 [ ALTERNATEALTERNATIVE ELECTION PROCEDURES; DUTIES 22.35 OF SECRETARY OF STATE.] 22.36 When a provision of the Minnesota Election Law cannot be 23.1 implemented as a result of an order of a state or federal court, 23.2 the secretary of state shall adopt alternatealternative 23.3 election procedures to permit the administration of any election 23.4 affected by the order. The procedures may include the voting 23.5 and handling of ballots cast after 8:00 p.m. as a result of a 23.6 state or federal court order or any other order extending the 23.7 time established by law for closing the polls. The alternate23.8 alternative election procedures remain in effect until the first 23.9 day of July following the next succeeding final adjournment of 23.10 the legislature, unless otherwise provided by law or by court 23.11 order. 23.12 Sec. 30. Minnesota Statutes 2002, section 204C.08, is 23.13 amended by adding a subdivision to read: 23.14 Subd. 1a. [VOTER'S BILL OF RIGHTS.] The county auditor 23.15 shall prepare and provide to each polling place sufficient 23.16 copies of a poster setting forth the Voter's Bill of Rights as 23.17 set forth in this section. Before the hours of voting are 23.18 scheduled to begin, the election judges shall post it in a 23.19 conspicuous location or locations in the polling place. The 23.20 Voter's Bill of Rights is as follows: 23.21 "VOTER'S BILL OF RIGHTS 23.22 For all persons residing in this state who meet federal 23.23 voting eligibility requirements: 23.24 (1) You have the right to be absent from work for the 23.25 purpose of voting during the morning of election day. 23.26 (2) If you are in line at your polling place any time 23.27 between 7:00 a.m. and 8:00 p.m., you have the right to vote. 23.28 (3) If you can provide the required proof of residence, you 23.29 have the right to register to vote and to vote on election day. 23.30 (4) If you are unable to sign your name, you have the right 23.31 to orally confirm your identity with an election judge and to 23.32 direct another person to sign your name for you. 23.33 (5) You have the right to request special assistance when 23.34 voting. 23.35 (6) If you need assistance, you may be accompanied into the 23.36 voting booth by a person of your choice, except by an agent of 24.1 your employer or union or a candidate. 24.2 (7) You have the right to bring your minor children into 24.3 the polling place and into the voting booth with you. 24.4 (8) If you have been convicted of a felony but your civil 24.5 rights have been restored, you have the right to vote. 24.6 (9) You have the right to vote without anyone in the 24.7 polling place trying to influence your vote. 24.8 (10) If you make a mistake or spoil your ballot before it 24.9 is submitted, you have the right to receive a replacement ballot 24.10 and vote. 24.11 (11) You have the right to file a written complaint at your 24.12 polling place if you are dissatisfied with the way an election 24.13 is being run. 24.14 (12) You have the right to take a sample ballot into the 24.15 voting booth with you. 24.16 (13) You have the right to take a copy of this Voter's Bill 24.17 of Rights into the voting booth with you." 24.18 Sec. 31. Minnesota Statutes 2002, section 204C.10, is 24.19 amended to read: 24.20 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 24.21 REGISTRATION.] 24.22 (a) An individual seeking to vote shall sign a polling 24.23 place roster which states that the individual is at least 18 24.24 years of age, a citizen of the United States, has resided in 24.25 Minnesota for 20 days immediately preceding the 24.26 election, certifiesmaintains residence at the address shown, is 24.27 not under a guardianship of the personin which the individual 24.28 has not retained the right to vote, has not been found by a 24.29 court of law to be legally incompetent to vote or convicted of a 24.30 felony without having civil rights restored, is registered and 24.31 has not already voted in the election. The roster must also 24.32 state: "I understand that deliberately providing false 24.33 information is a felony punishable by not more than five years 24.34 imprisonment and a fine of not more than $10,000, or both." 24.35 (b) A judge may, before the applicant signs the roster, 24.36 confirm the applicant's name, address, and date of birth. 25.1 (c) After the applicant signs the roster, the judge shall 25.2 give the applicant a voter's receipt. The voter shall deliver 25.3 the voter's receipt to the judge in charge of ballots as proof 25.4 of the voter's right to vote, and thereupon the judge shall hand 25.5 to the voter the ballot. The voters' receipts must be 25.6 maintained during the time for notice of filing an election 25.7 contest. 25.8 Sec. 32. Minnesota Statutes 2002, section 206.57, is 25.9 amended by adding a subdivision to read: 25.10 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 25.11 December 31, 2005, the voting method used in each polling place 25.12 must include a voting system that is accessible for individuals 25.13 with disabilities, including nonvisual accessibility for the 25.14 blind and visually impaired in a manner that provides the same 25.15 opportunity for access and participation, including privacy and 25.16 independence, as for other voters. 25.17 Sec. 33. Minnesota Statutes 2002, section 206.57, is 25.18 amended by adding a subdivision to read: 25.19 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 25.20 requirements in subdivision 1, a voting system must be certified 25.21 by an independent testing authority approved by the secretary of 25.22 state and conform to current standards for voting equipment 25.23 issued by the Federal Election Commission or its successor, the 25.24 Election Assistance Commission. 25.25 Sec. 34. Minnesota Statutes 2002, section 206.81, is 25.26 amended to read: 25.27 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 25.28 (a) The secretary of state may licenseapprove an 25.29 electronic voting system for experimental use at an election 25.30 prior to its approval for general use. 25.31 (b) The secretary of state must licenseapprove one or more 25.32 touch-sensitivedirect recording electronic voting systems for 25.33 experimental use at an election before their approval for 25.34 general use and may impose restrictions on their use. At least 25.35 one voting system licensedapproved under this paragraph must 25.36 permit sighted persons to vote and at least one system must 26.1 permit a blind or visually impaired voter to cast a ballot 26.2 independently and privately. 26.3 (c) Experimental use must be observed by the secretary of 26.4 state or the secretary's designee and the results observed must 26.5 be considered at any subsequent proceedings for approval for 26.6 general use. 26.7 (d) The secretary of state may adopt rules consistent with 26.8 sections 206.55 to 206.90 relating to experimental use. The 26.9 extent of experimental use must be determined by the secretary 26.10 of state. 26.11 Sec. 35. [AGREEMENTS.] 26.12 Subdivision 1. [COMMISSIONER OF HEALTH.] The secretary of 26.13 state and the commissioner of health shall determine by mutual 26.14 agreement the means to electronically transfer death records 26.15 between agency systems. The secretary of state shall make the 26.16 records of deceased registered voters in the county available to 26.17 the county auditor by July 1, 2004. 26.18 Subd. 2. [STATE COURT ADMINISTRATOR.] The secretary of 26.19 state and the state court administrator shall determine by 26.20 mutual agreement the means to transfer to the secretary of state 26.21 the names of registered voters who have been convicted of a 26.22 felony, placed under guardianship of the person, declared 26.23 legally incompetent, or have had their civil rights restored. 26.24 The secretary of state shall make the records of affected voters 26.25 in the county available to the county auditor by July 1, 2004. 26.26 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 26.27 of public safety and the secretary of state shall determine by 26.28 mutual agreement the means to electronically transfer driver's 26.29 license records between agency systems. The secretary of state 26.30 shall make the records of those eligible voters in the county 26.31 who have indicated their intent to register to vote available to 26.32 the county auditor by July 1, 2004. 26.33 Sec. 36. [REPORT.] 26.34 The secretary of state must send a copy of the report 26.35 required by section 258 of the Help America Vote Act, Public Law 26.36 107-252, to the chairs and ranking members of the finance 27.1 committees in the house of representatives and the senate having 27.2 jurisdiction over the budget of the Office of the Secretary of 27.3 State. 27.4 Sec. 37. [FAILURE TO VERIFY VOTER INFORMATION.] 27.5 Subdivision 1. [DRIVER'S LICENSE OR STATE IDENTIFICATION 27.6 NUMBER.] A voter must not be included on the list of voters 27.7 prepared under Minnesota Statutes, section 201.121, subdivision 27.8 1, whose registration is incomplete because of a failure to 27.9 match the voter's driver's license or state identification 27.10 number until the secretary of state has: 27.11 (1) entered into an agreement with the commissioner of 27.12 public safety to electronically transfer driver's license 27.13 records between their agency systems in order to be able to 27.14 verify voter registration information; and 27.15 (2) certified that the voter registration system has been 27.16 tested and shown to properly verify a voter's driver's license 27.17 or state identification number. 27.18 Subd. 2. [SOCIAL SECURITY NUMBER.] A voter must not be 27.19 included on the list of voters prepared under Minnesota 27.20 Statutes, section 201.121, subdivision 1, whose registration is 27.21 incomplete because of a failure to match the last four digits of 27.22 the voter's Social Security number until the commissioner of 27.23 public safety has: 27.24 (1) entered into an agreement with the commissioner of the 27.25 Social Security Administration under Minnesota Statutes, section 27.26 201.1615, regarding the use of the last four digits of a Social 27.27 Security number to verify voter registration information; 27.28 (2) assembled a complete and current database of the last 27.29 four digits of the Social Security number of each resident of 27.30 this state as maintained by the Social Security Administration; 27.31 and 27.32 (3) certified, along with the secretary of state, that the 27.33 voter registration system has been tested and shown to properly 27.34 verify the last four digits of a voter's Social Security number. 27.35 Subd. 3. [CERTIFICATION PROHIBITED.] The certification 27.36 required by subdivision 1 or 2 must not be made within 45 days 28.1 before the state primary or general election. 28.2 Sec. 38. [VOTER REGISTRATION SYSTEM AVAILABILITY.] 28.3 The voter and election management system maintained by the 28.4 secretary of state to meet the requirements of Minnesota 28.5 Statutes, section 201.022, must be maintained and remain 28.6 available to the secretary of state and county auditors for 28.7 view-only access until January 1, 2005. 28.8 Sec. 39. [RULES.] 28.9 Enactment of this article is good cause for the secretary 28.10 of state to use the authority of Minnesota Statutes, section 28.11 14.388, to adopt, amend, or repeal rules as necessary to comply 28.12 in a timely manner with the changes in statute contained in this 28.13 act or to comply with the federal Help America Vote Act of 2002, 28.14 Public Law 107-252. 28.15 Sec. 40. [MAINTENANCE OF EFFORT.] 28.16 The state or a unit of local government receiving federal 28.17 funds or equipment purchased with federal funds pursuant to the 28.18 Help America Vote Act (P.L. 107-252) must maintain the 28.19 expenditures of the state or the local unit of government for 28.20 activities funded by the federal funds or for equipment 28.21 expenditures at a level that is not less than the level of 28.22 expenditures maintained by the state or the local unit of 28.23 government for the fiscal year ending immediately preceding 28.24 November 2000. 28.25 Sec. 41. [EFFECTIVE DATE.] 28.26 This article is effective retroactively from January 1, 28.27 2004. 28.28 ARTICLE 2 28.29 ELECTIONS ADMINISTRATION TECHNICAL CHANGES 28.30 Section 1. Minnesota Statutes 2002, section 5.08, is 28.31 amended to read: 28.32 5.08 [LEGISLATIVE MANUAL.] 28.33 Subdivision 1. [PREPARATION.] The secretary of state shall 28.34 prepare, compile, edit, and distribute for use at each regular 28.35 legislative session, a convenient manual, properly indexed, and 28.36 containing: The federal and state constitutions; the acts of 29.1 Congress relating to the organization of the territory and 29.2 state; the rules of order and joint rules of the two houses, and 29.3 lists of their members, committees and employees; the names of 29.4 all state officials, whether elected or appointed, and of all 29.5 persons holding office from this state under the national 29.6 government , including postmasters appointed by the president; 29.7 the places where the said several officials reside, and the 29.8 annual compensation of each; and statistical and other 29.9 information of the kind heretofore published in the legislative 29.10 manuals. 29.11 Subd. 2. [DISTRIBUTION.] 15,00010,000 copies of the 29.12 legislative manual shall be printed and distributed as follows: 29.13 (1) up to 2520 copies shall be available to each member of 29.14 the legislature on request; 29.15 (2) 50 copies to the State Historical Society; 29.16 (3) 25 copies to the state university; 29.17 (4) 60 copies to the state library; 29.18 (5) two copies each to the Library of Congress, the 29.19 Minnesota veterans homehomes, the stateuniversities, the state29.20 high schools, the publicacademies, seminaries, and colleges of 29.21 the state, and the freepublic libraries of the state; 29.22 (6) one copy each to other state institutions, the elective 29.23 state officials, the appointed heads of departments, the 29.24 officers and employees of the legislature, the justices of the 29.25 Supreme Court, the judges of the Court of Appeals and the 29.26 district court, the senators and representatives in Congress 29.27 from this state, and the county auditors, recorders, and county 29.28 attorneys; 29.29 (7) one copy to each publicschool, to be distributed 29.30 through the superintendent of each school district; and 29.31 (8) the remainder may be disposed of as the secretary of 29.32 state deems best. 29.33 Sec. 2. Minnesota Statutes 2002, section 15.0597, 29.34 subdivision 2, is amended to read: 29.35 Subd. 2. [COLLECTION OF DATA.] The chair of an existing 29.36 agency or the chair's designee, or the appointing authority for 30.1 the members of a newly created agency, shall provide the 30.2 secretary, on formsin an electronic format prepared and 30.3 distributed by the secretary, with the following data pertaining 30.4 to that agency: 30.5 (1) the name of the agency, its mailing address, and 30.6 telephone number; 30.7 (2) the legal authority for the creation of the agency and 30.8 the name of the person appointing agency members; 30.9 (3) the powers and duties of the agency; 30.10 (4) the number of authorized members, together with any 30.11 prescribed restrictions on eligibility such as employment 30.12 experience or geographical representation; 30.13 (5) the dates of commencement and expiration of the 30.14 membership terms and the expiration date of the agency, if any; 30.15 (6) the compensation of members, and appropriations or 30.16 other funds available to the agency; 30.17 (7) the regular meeting schedule, if any, and approximate 30.18 number of hours per month of meetings or other activities 30.19 required of members; 30.20 (8) the roster of current members, including mailing 30.21 addresses, electronic mail addresses, and telephone numbers; and 30.22 (9) a breakdown of the membership showing distribution by 30.23 county, legislative district, and congressional district, and, 30.24 only if the member has voluntarily supplied the information, the 30.25 sex, political party preference or lack of party preference, 30.26 race, and national origin of the members. 30.27 The secretary may provide forrequire the submission of 30.28 data in accordance with this subdivision by electronic means. 30.29 The publication requirement under clause (8) may be met by 30.30 publishing a member's home or business address and telephone 30.31 number, the address and telephone number of the agency to which 30.32 the member is appointed, the member's electronic mail address, 30.33 if provided, or any other information that would enable the 30.34 public to communicate with the member. 30.35 Sec. 3. Minnesota Statutes 2002, section 15.0597, 30.36 subdivision 3, is amended to read: 31.1 Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of 31.2 state shall provide for annual updating of the required data and 31.3 shall annually arrange for the publication in the State Register31.4 on the Web site of the secretary of state of the compiled data 31.5 from all agencies on or about October 15 of each year. Copies31.6 ofThe compilation must be electronically delivered to the 31.7 governor and the legislature. Paper copies of the compilation 31.8 must be made available by the secretary to any interested person 31.9 at cost, and copies must be available for viewing by interested 31.10 persons. The chair of an agency who does not submit data 31.11 required by this section or who does not notify the secretary of 31.12 a vacancy in the agency, is not eligible for a per diem or 31.13 expenses in connection with agency service until December 1 of 31.14 the following year. 31.15 Sec. 4. Minnesota Statutes 2002, section 15.0597, 31.16 subdivision 4, is amended to read: 31.17 Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing 31.18 agency, shall notify the secretary by electronic means of a 31.19 vacancy scheduled to occur in the agency as a result of the 31.20 expiration of membership terms at least 45 days before the 31.21 vacancy occurs. The chair of an existing agency shall 31.22 give writtenelectronic notification to the secretary of each 31.23 vacancy occurring as a result of newly created agency positions 31.24 and of every other vacancy occurring for any reason other than 31.25 the expiration of membership terms as soon as possible upon 31.26 learning of the vacancy and in any case within 15 days after the 31.27 occurrence of the vacancy. The appointing authority for newly 31.28 created agencies shall give writtenelectronic notification to 31.29 the secretary of all vacancies in the new agency within 15 days 31.30 after the creation of the agency. The secretary may provide for31.31 require the submission of notices required by this subdivision 31.32 by electronic means. The secretary shall publish monthly in the31.33 State Registeron the Web site of the secretary of state a list 31.34 of all vacancies of which the secretary has been so notified. 31.35 Only one notice of a vacancy shall be so published, unless the 31.36 appointing authority rejects all applicants and requests the 32.1 secretary to republish the notice of vacancy. One copy of the 32.2 listing shall be made available at the office of the secretary 32.3 to any interested person. The secretary shall distribute by 32.4 mail or electronic means copies of the listings to requesting 32.5 persons. The listing for all vacancies scheduled to occur in 32.6 the month of January shall be published in the State Registeron 32.7 the Web site of the secretary of state together with the 32.8 compilation of agency data required to be published pursuant to 32.9 subdivision 3. 32.10 If a vacancy occurs within three months after an 32.11 appointment is made to fill a regularly scheduled vacancy, the 32.12 appointing authority may, upon notification by electronic means 32.13 to the secretary, fill the vacancy by appointment from the list 32.14 of persons submitting applications to fill the regularly 32.15 scheduled vacancy. 32.16 Sec. 5. Minnesota Statutes 2002, section 15.0597, 32.17 subdivision 5, is amended to read: 32.18 Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make 32.19 a self-nomination for appointment to an agency vacancy by 32.20 completing an application on a form prepared and distributed by 32.21 the secretary. The secretary may provide for the submission of 32.22 the application by electronic means. Any person or group of 32.23 persons may, on the prescribed application form, nominate 32.24 another person to be appointed to a vacancy so long as the 32.25 person so nominated consents in writingon the application form 32.26 to the nomination. The application form shall specify the 32.27 nominee's name, mailing address, electronic mail address, 32.28 telephone number, preferred agency position sought, a statement 32.29 that the nominee satisfies any legally prescribed 32.30 qualifications, a statement whether the applicant has ever been 32.31 convicted of a felony, and any other information the nominating 32.32 person feels would be helpful to the appointing authority. The 32.33 nominating person has the option of indicating the nominee's 32.34 sex, political party preference or lack thereof, status with 32.35 regard to disability, race, and national origin on the 32.36 application form. The application form shall make the option 33.1 known. If a person submits an application at the suggestion of 33.2 an appointing authority, the person shall so indicate on the 33.3 application form. Twenty-one days after publication of a 33.4 vacancy in the State Registeron the Web site of the secretary 33.5 of state pursuant to subdivision 4, the secretary shall 33.6 submit electronic copies of all applications received for a 33.7 position to the appointing authority charged with filling the 33.8 vacancy. If no applications have been received by the secretary 33.9 for the vacant position by the date when electronic copies must 33.10 be submitted to the appointing authority, the secretary shall so 33.11 inform the appointing authority. Applications received by the 33.12 secretary shall be deemed to have expired one year after receipt 33.13 of the application. An application for a particular agency 33.14 position shall be deemed to be an application for all vacancies 33.15 in that agency occurring prior to the expiration of the 33.16 application and shall be public information. 33.17 Sec. 6. Minnesota Statutes 2002, section 15.0597, 33.18 subdivision 6, is amended to read: 33.19 Subd. 6. [APPOINTMENTS.] In making an appointment to a 33.20 vacant agency position, the appointing authority shall consider 33.21 applications for positions in that agency supplied by the 33.22 secretary. No appointing authority may appoint someone to a 33.23 vacant agency position until (1) ten days after receipt of the 33.24 applications for positions in that agency from the secretary or 33.25 (2) receipt of notice from the secretary that no applications 33.26 have been received for vacant positions in that agency. At 33.27 least five days before the date of appointment, the appointing 33.28 authority shall issue a public announcement and inform the 33.29 secretary in writingby electronic means of the name of the 33.30 person the appointing authority intends to appoint to fill the 33.31 agency vacancy and the expiration date of that person's term. 33.32 If the appointing authority intends to appoint a person other 33.33 than one for whom an application was submitted pursuant to this 33.34 section, the appointing authority shall complete an application 33.35 form on behalf of the appointee and submit it to the secretary 33.36 indicating on the application that it is submitted by the 34.1 appointing authority. 34.2 Sec. 7. Minnesota Statutes 2002, section 15.0597, 34.3 subdivision 7, is amended to read: 34.4 Subd. 7. [REPORT.] Together with the compilation required 34.5 in subdivision 3, the secretary shall annually deliver to the 34.6 governor and the legislature a report in an electronic format 34.7 containing the following information: 34.8 (1) the number of vacancies occurring in the preceding 34.9 year; 34.10 (2) the number of vacancies occurring as a result of 34.11 scheduled ends of terms, unscheduled vacancies and the creation 34.12 of new positions; 34.13 (3) breakdowns by county, legislative district, and 34.14 congressional district, and, if known, the sex, political party 34.15 preference or lack thereof, status with regard to disability, 34.16 race, and national origin, for members whose agency membership 34.17 terminated during the year and appointees to the vacant 34.18 positions; and 34.19 (4) the number of vacancies filled from applications 34.20 submitted by (i) the appointing authorities for the positions 34.21 filled, (ii) nominating persons and self-nominees who submitted 34.22 applications at the suggestion of appointing authorities, and 34.23 (iii) all others. 34.24 Sec. 8. Minnesota Statutes 2002, section 15.0599, 34.25 subdivision 4, is amended to read: 34.26 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The 34.27 appointing authority of a newly established agency or the 34.28 authority's designee shall provide the secretary with the 34.29 following information: 34.30 (1) the name, mailing address, electronic mail address, and 34.31 telephone number of the agency; 34.32 (2) the legal authority for the establishment of the agency 34.33 and the name and the title of the person or persons appointing 34.34 agency members; 34.35 (3) the powers and duties of the agency and whether the 34.36 agency, however designated, is best described by section 15.012, 35.1 paragraph (a), (b), (c), (e), or (f); 35.2 (4) the number of authorized members, together with any 35.3 prescribed restrictions on eligibility; 35.4 (5) the roster of current members, including mailing 35.5 addresses, electronic mail addresses, and telephone numbers; 35.6 (6) a breakdown of the membership showing distribution by 35.7 county, legislative district, and congressional district and 35.8 compliance with any restrictions listed in accordance with 35.9 clause (4); 35.10 (7) if any members have voluntarily provided the 35.11 information, the sex, age, political preference or lack of 35.12 preference, status with regard to disability, race, and national 35.13 origin of those members; 35.14 (8) the dates of commencement and expiration of membership 35.15 terms and the expiration date of the agency, if any; 35.16 (9) the compensation of members and appropriations or other 35.17 money available to the agency; 35.18 (10) the name of the state agency or other entity, if any, 35.19 required to provide staff or administrative support to the 35.20 agency; 35.21 (11) the regular meeting schedule, if any, and the 35.22 approximate number of hours a month of meetings or other 35.23 activities required of members; and 35.24 (12) a brief statement of the goal or purpose of the 35.25 agency, along with a summary of what an existing agency has 35.26 done, or what a newly established agency plans to do to achieve 35.27 its goal or purpose. 35.28 The publication requirement under clause (5) may be met by 35.29 publishing a member's home or business address and telephone 35.30 number, the address and telephone number of the agency to which 35.31 the member is appointed, the member's electronic mail address, 35.32 or any other information that would enable the public to 35.33 communicate with the member. 35.34 (b) The chair of an existing agency or the chair's designee 35.35 shall provide information, covering the fiscal year in which it 35.36 is registering, on the number of meetings it has held, its 36.1 expenses, and the number of staff hours, if any, devoted to its 36.2 support. The chair or designee shall also, if necessary, update 36.3 any of the information previously provided in accordance with 36.4 paragraph (a). 36.5 (c) The secretary shall provide electronic forms for the 36.6 reporting of information required by this subdivision and 36.7 may provide forrequire reporting by electronic means. 36.8 Sec. 9. Minnesota Statutes 2002, section 201.161, is 36.9 amended to read: 36.10 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 36.11 APPLICATIONS.] 36.12 The Department of Public Safety shall change its 36.13 applications for an original, duplicate, or change of address 36.14 driver's license or identification card so that the forms may 36.15 also serve as voter registration cardsapplications. The forms 36.16 must contain spaces for theall information required in section36.17 201.071, subdivision 1, and applicable rules ofcollected by 36.18 voter registration applications prescribed by the secretary of 36.19 state. Applicants for driver's licenses or identification cards 36.20 must be asked if they want to register to vote at the same 36.21 time. A copy of each application containing a completed voter 36.22 registration must be sent to the county auditor of the county in 36.23 which the voter maintains residence or to the secretary of state 36.24 as soon as possible. The computerized driver's license record 36.25 information relating to name, address, date of birth, driver's 36.26 license number, county, town, and city must be made available 36.27 for access by the secretary of state and interaction with the 36.28 statewide voter registration system. 36.29 Sec. 10. Minnesota Statutes 2002, section 201.1611, 36.30 subdivision 1, is amended to read: 36.31 Subdivision 1. [FORMS.] All postsecondary institutions 36.32 that enroll students accepting state or federal financial aid 36.33 shall provide voter registration forms to each student as early 36.34 as possible in the fall quarter. All school districts shall 36.35 make available voter registration applications each May and 36.36 September to all students registered as students of the school 37.1 district who will be eligible to vote at the next election after 37.2 those months. A school district has no obligation to provide 37.3 voter registration applications to students who participate in a 37.4 postsecondary education option program or who otherwise reside 37.5 in the district but do not attend a school operated by the 37.6 district. A school district fulfills its obligation to a 37.7 student under this section if it provides a voter registration 37.8 application to the student one time. The forms must contain 37.9 spaces for the information required in section 201.071, 37.10 subdivision 1, and applicable rules of the secretary of state. 37.11 The institutions and school districts may request these forms 37.12 from the secretary of state. Institutions shall consult with 37.13 their campus student government in determining the most 37.14 effective means of distributing the forms and in seeking to 37.15 facilitate election day registration of students under section 37.16 201.061, subdivision 3. School districts must advise students 37.17 that completion of the voter registration applications is not a 37.18 school district requirement. 37.19 Sec. 11. Minnesota Statutes 2002, section 201.171, is 37.20 amended to read: 37.21 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 37.22 REGISTRATION REMOVED.] 37.23 Within six weeks after every election, the county auditor 37.24 shall post the voting history for every person who voted in the 37.25 election. After the close of the calendar year, the secretary 37.26 of state shall determine if any registrants have not voted 37.27 during the preceding four years and shall change the status of 37.28 those registrants to "inactive" in the statewide registration 37.29 system. The secretary of state shall also prepare a report to 37.30 the county auditor containing the names of all registrants whose 37.31 status was changed to "inactive." 37.32 Registrants whose status was changed to "inactive" must 37.33 register in the manner specified in section 201.054 before 37.34 voting in any primary, special primary, general, school 37.35 district, or special election, as required by section 201.018. 37.36 Although not counted in an election, a late absentee ballot 38.1 must be considered a vote for the purpose of continuing 38.2 registration. 38.3 Sec. 12. Minnesota Statutes 2002, section 202A.14, 38.4 subdivision 3, is amended to read: 38.5 Subd. 3. [NOTICE.] The county or legislative district 38.6 chair shall give at least six days' published notice of the 38.7 holding of the precinct caucus, stating the place, date, and 38.8 time for holding the caucus, and shall deliver the same 38.9 information to the municipal clerk and county auditor at least 38.10 20 days before the precinct caucus. The county auditor shall 38.11 make this information available at least ten days before the 38.12 date of the caucuses to persons who request it. 38.13 Sec. 13. Minnesota Statutes 2002, section 203B.085, is 38.14 amended to read: 38.15 203B.085 [COUNTY AUDITOR'S OFFICEAND MUNICIPAL CLERK'S 38.16 OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 38.17 The county auditor's office in each county and the clerk's 38.18 office in each city or town authorized under section 203B.05 to 38.19 administer absentee balloting must be open for acceptance of 38.20 absentee ballot applications and casting of absentee ballots 38.21 from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 38.22 on Mondaythe day immediately preceding a primary, special, or 38.23 general election unless that day falls on a Saturday or Sunday. 38.24 Town clerks' offices must be open for absentee voting from 10:00 38.25 a.m. to 12:00 noon on the Saturday before a town general 38.26 election held in March. The school district clerk, when 38.27 performing the county auditor's election duties, need not comply 38.28 with this section. 38.29 Sec. 14. Minnesota Statutes 2002, section 204B.06, 38.30 subdivision 1, is amended to read: 38.31 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 38.32 candidacy shall state the name of the office sought and shall 38.33 state that the candidate: 38.34 (1) is an eligible voter; 38.35 (2) has no other affidavit on file as a candidate for any 38.36 office at the same primary or next ensuing general election, 39.1 except that a candidate for soil and water conservation district 39.2 supervisor in a district not located in whole or in part in 39.3 Anoka, Hennepin, Ramsey, or Washington County, may also have on 39.4 file an affidavit of candidacy for mayor or council member of a 39.5 statutory or home rule charter city of not more than 2,500 39.6 population contained in whole or in part in the soil and water 39.7 conservation district or for town supervisor in a town of not 39.8 more than 2,500 population contained in whole or in part in the 39.9 soil and water conservation district; and 39.10 (3) is, or will be on assuming the office, 21 years of age 39.11 or more, and will have maintained residence in the district from 39.12 which the candidate seeks election for 30 days before the 39.13 general election. 39.14 An affidavit of candidacy must include a statement that the 39.15 candidate's name as written on the affidavit for ballot 39.16 designation is the candidate's true name or the name by which 39.17 the candidate is commonly and generally known in the community. 39.18 An affidavit of candidacy for partisan office shall also 39.19 state the name of the candidate's political party or political 39.20 principle, stated in three words or less. 39.21 (b) This subdivision does not apply to a candidate39.22 Candidates for president or vice-president of the United 39.23 States are not required to file an affidavit of candidacy for 39.24 office and this subdivision does not apply to those candidates. 39.25 Sec. 15. Minnesota Statutes 2002, section 204B.07, 39.26 subdivision 2, is amended to read: 39.27 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 39.28 subdivision does not apply to candidates for presidential 39.29 elector nominated by major political parties. Major party 39.30 candidates for presidential elector are certified under section 39.31 208.03. Other presidential electors are nominated by petition 39.32 pursuant to this section. On petitions nominating presidential 39.33 electors, the names of the candidates for president and 39.34 vice-president shall be added to the political party or 39.35 political principle stated on the petition. One petition may be 39.36 filed to nominate a slate of presidential electors equal in 40.1 number to the number of electors to which the state is 40.2 entitled. This subdivision does not apply to candidates for40.3 presidential elector nominated by major political parties.40.4 Major party candidates for presidential elector are certified40.5 under section 208.03.40.6 Sec. 16. Minnesota Statutes 2002, section 204B.09, 40.7 subdivision 1, is amended to read: 40.8 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 40.9 ELECTIONS.] (a) Except as otherwise provided by this 40.10 subdivision, affidavits of candidacy and nominating petitions 40.11 for county, state, and federal offices filled at the state 40.12 general election shall be filed not more than 70 days nor less 40.13 than 56 days before the state primary. The affidavit may be 40.14 prepared and signed at any time between 60 days before the 40.15 filing period opens and the last day of the filing period. 40.16 (b) Notwithstanding other law to the contrary, the 40.17 affidavit of candidacy must be signed in the presence of a 40.18 notarial officer or an individual authorized to administer oaths 40.19 under section 358.10. 40.20 (c) This provision does not apply to candidates for 40.21 presidential elector nominated by major political parties. 40.22 Major party candidates for presidential elector are certified 40.23 under section 208.03. Other candidates for presidential 40.24 electors may file petitions on or before the state primary day 40.25 pursuant to section 204B.07. Nominating petitions to fill 40.26 vacancies in nominations shall be filed as provided in section 40.27 204B.13. No affidavit or petition shall be accepted later than 40.28 5:00 p.m. on the last day for filing. 40.29 (d) Affidavits and petitions for offices to be voted on in 40.30 only one county shall be filed with the county auditor of that 40.31 county. Affidavits and petitions for offices to be voted on in 40.32 more than one county shall be filed with the secretary of state. 40.33 Sec. 17. Minnesota Statutes 2002, section 204B.09, 40.34 subdivision 3, is amended to read: 40.35 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 40.36 or federal office who wants write-in votes for the candidate to 41.1 be counted must file a written request with the filing office 41.2 for the office sought no later than the fifth day before the 41.3 general election. The filing officer shall provide copies of 41.4 the form to make the request. 41.5 (b) A candidate for president of the United States who 41.6 files a request under this subdivision must include the name of 41.7 a candidate for vice-president of the United States. The 41.8 request must also include the name of at least one candidate for 41.9 presidential elector. The total number of names of candidates 41.10 for presidential elector on the request may not exceed the total 41.11 number of electoral votes to be cast by Minnesota in the 41.12 presidential election. 41.13 (c) A candidate for governor who files a request under this 41.14 subdivision must include the name of a candidate for lieutenant 41.15 governor. 41.16 Sec. 18. Minnesota Statutes 2002, section 204B.16, 41.17 subdivision 3, is amended to read: 41.18 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 41.19 designation of a polling place pursuant to this section shall 41.20 remain effective until a different polling place is designated 41.21 for that precinct. No designation of a new or different polling 41.22 place shall become effective less than 90 days prior to an 41.23 election, including school district elections or referenda, and 41.24 no polling place changes may occur during the period between the 41.25 state primary and the state general election, except that a new 41.26 polling place may be designated to replace a polling place that 41.27 has become unavailable for use. 41.28 Sec. 19. Minnesota Statutes 2002, section 204B.19, 41.29 subdivision 1, is amended to read: 41.30 Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION 41.31 JUDGES.] Except as provided in subdivision 6, any individual who 41.32 is eligible to vote in an election precinctthis state is 41.33 qualified to be appointed as an election judge for that precinct41.34 subject to this section. If the files of the appointing41.35 authority do not contain sufficient voters within a precinct who41.36 are qualified and willing to serve as election judges, election42.1 judges may be appointed who reside in another precinct in the42.2 same municipality, or for school district elections, in the same42.3 school district, whether or not the precinct where they reside42.4 is in the same county as the precinct where they will serve. If42.5 there are not sufficient voters within the municipality or42.6 school district who are qualified and willing to serve as42.7 election judges, election judges may be appointed who reside in42.8 the county where the precinct is located.42.9 Sec. 20. Minnesota Statutes 2002, section 204B.19, 42.10 subdivision 6, is amended to read: 42.11 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other 42.12 requirements of this section, a student enrolled in a high 42.13 school in Minnesota or who is in a homeschool in compliance with 42.14 sections 120A.22 and 120A.24, who has attained the age of 16 is 42.15 eligible to be appointed as a without party affiliation trainee 42.16 election judge in the county in which the student resides. The 42.17 student must meet qualifications for trainee election judges 42.18 specified in rules of the secretary of state. A student 42.19 appointed as a trainee election judge may be excused from school 42.20 attendance during the hours that the student is serving as a 42.21 trainee election judge if the student submits a written request 42.22 signed and approved by the student's parent or guardian to be 42.23 absent from school and a certificate from the appointing 42.24 authority stating the hours during which the student will serve 42.25 as a trainee election judge to the principal of the school at 42.26 least ten days prior to the election. Students shall not serve 42.27 as trainee election judges after 10:00 p.m. Notwithstanding 42.28 section 177.24 to the contrary, trainee election judges may be 42.29 paid not less than two-thirds of the minimum wage for a large 42.30 employer. The principal of the school may approve a request to 42.31 be absent from school conditioned on acceptable academic 42.32 performance and the requirement that the student must have42.33 completed or be enrolled in a course of study in governmentat 42.34 the time of service as a trainee election judge. 42.35 Sec. 21. Minnesota Statutes 2002, section 204B.22, is 42.36 amended by adding a subdivision to read: 43.1 Subd. 4. [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 43.2 MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 43.3 participation of election judge trainees must not be counted 43.4 toward satisfying any of the required numbers of election judges 43.5 in this chapter. 43.6 Sec. 22. Minnesota Statutes 2002, section 204B.36, 43.7 subdivision 4, is amended to read: 43.8 Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall 43.9 contain the names of all candidates for each judicial office and 43.10 shall state the number of those candidates for whom a voter may 43.11 vote. Each seat for an associate justice, associate judge, or 43.12 judge of the district court must be numbered. The words 43.13 "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 43.14 COURT" must be printed above the respective judicial office 43.15 groups on the ballot. The title of each judicial office shall 43.16 be printed on the official primary and general election ballot 43.17 as follows: 43.18 (a) In the case of the Supreme Court: 43.19 "Chief justice - Supreme Court"; 43.20 "Associate justice (number) - Supreme Court" 43.21 (b) In the case of the Court of Appeals: 43.22 "Judge (number) - Court of Appeals"; or 43.23 (c) In the case of the district court: 43.24 "Judge (number) - (number) district court." 43.25 Sec. 23. Minnesota Statutes 2002, section 204B.41, is 43.26 amended to read: 43.27 204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 43.28 When a vacancy in nomination occurs through the death or 43.29 catastrophic illness of a candidate after the 16th day before 43.30 the general election, the officer in charge of preparing the 43.31 ballots shall prepare and distribute a sufficient number of 43.32 separate paper ballots which shall be headed with the words 43.33 "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the 43.34 title of the office for which the vacancy in nomination has been 43.35 filled and the names of all the candidates nominated for that 43.36 office. The ballot shall conform to the provisions governing 44.1 the printing of other official ballots as far as practicable. 44.2 The title of the office and the names of the candidates for that 44.3 office shall be blotted out or stricken from the regular ballots 44.4 by the election judges. The official supplemental ballot shall 44.5 be given to each voter when the voter is given the regular 44.6 ballot or is directed to the voting machine. Regular ballots 44.7 shall not be changed nor shall official supplemental ballots be 44.8 prepared as provided in this section during the threesix 44.9 calendar days before an election. Absentee ballots that have 44.10 been mailed prior to the preparation of official supplemental 44.11 ballots shall be counted in the same manner as if the vacancy 44.12 had not occurred. Official supplemental ballots shall not be44.13 mailed to absent voters to whom ballots were mailed before the44.14 official supplemental ballots were prepared.Both an official 44.15 supplemental ballot and a replacement regular ballot from which 44.16 the title of the office and names of the candidates for that 44.17 office have been blotted out or stricken as provided in this 44.18 section must be provided to each absentee voter or voter 44.19 residing in a precinct voting by mail who requests either of 44.20 them under section 203B.06, subdivision 3. The election judges 44.21 conducting absentee voting in health care facilities as provided 44.22 in section 203B.11, subdivision 1, must deliver official 44.23 supplemental ballots and replacement regular ballots to those 44.24 facilities no later than 5:00 p.m. on the day before the 44.25 election. 44.26 Sec. 24. Minnesota Statutes 2002, section 204C.06, is 44.27 amended by adding a subdivision to read: 44.28 Subd. 8. [ACCESS FOR NEWS MEDIA.] The county auditor or 44.29 municipal or school district clerk, or their designee, may, by 44.30 written authorization, permit news media representatives to 44.31 enter polling places for up to 15 minutes during voting hours to 44.32 observe the voting process. A media representative must obtain 44.33 prior authorization and present photo identification to the head 44.34 election judge upon arrival at the polling place and must not 44.35 otherwise: 44.36 (1) approach within six feet of an election judge or voter; 45.1 (2) converse with a voter while in the polling place; 45.2 (3) make a list of persons voting or not voting; or 45.3 (4) interview a voter within the polling place. 45.4 Sec. 25. Minnesota Statutes 2002, section 204C.20, 45.5 subdivision 2, is amended to read: 45.6 Subd. 2. [EXCESS BALLOTS.] If two or more ballots are 45.7 found folded together like a single ballot, the election judges 45.8 shall lay them aside until all the ballots in the box have been 45.9 counted. If it is evident from the number of ballots to be 45.10 counted that the ballots folded together were cast by one voter, 45.11 the election judges shall preserve but not count them. If the 45.12 number of ballots in one box exceeds the number to be counted, 45.13 the election judges shall examine all the ballots in the box to 45.14 ascertain that all are properly marked with the initials of the 45.15 election judges. If any ballots are not properly marked with 45.16 the initials of the election judges, the election judges shall 45.17 preserve but not count them; however, if the number of ballots 45.18 does not exceed the number to be counted, the absence of either 45.19 or both sets of initials of the election judges does not, by 45.20 itself, disqualify the vote from being counted and must not be 45.21 the basis of a challenge in a recount. If there is still an 45.22 excess of properly marked ballots, the election judges shall 45.23 replace them in the box, and one election judge, without 45.24 looking, shall withdraw from the box a number of ballots equal 45.25 to the excess. The withdrawn ballots shall not be counted but 45.26 shall be preserved as provided in subdivision 4. 45.27 Sec. 26. Minnesota Statutes 2002, section 204C.33, 45.28 subdivision 1, is amended to read: 45.29 Subdivision 1. [COUNTY CANVASS.] The county canvassing 45.30 board shall meet at the county auditor's office on or before the 45.31 seventh day following the state general election. After taking 45.32 the oath of office, the board shall promptly and publicly 45.33 canvass the general election returns delivered to the county 45.34 auditor. Upon completion of the canvass, the board shall 45.35 promptly prepare and file with the county auditor a report which 45.36 states: 46.1 (a) The number of individuals voting at the election in the 46.2 county and in each precinct; 46.3 (b) The number of individuals registering to vote on 46.4 election day and the number of individuals registered before 46.5 election day in each precinct; 46.6 (c) The names of the candidates for each office and the 46.7 number of votes received by each candidate in the county and in 46.8 each precinct, including write-in candidates for state and 46.9 federal office who have requested under section 204B.09 that 46.10 votes for those candidates be tallied; 46.11 (d) The number of votes counted for and against a proposed 46.12 change of county lines or county seat; and 46.13 (e) The number of votes counted for and against a 46.14 constitutional amendment or other question in the county and in 46.15 each precinct. 46.16 The result of write-in votes cast on the general election 46.17 ballots must be compiled by the county auditor before the county 46.18 canvass, except that write-in votes for a candidate for state or 46.19 federal office must not be counted unless the candidate has 46.20 timely filed a request under section 204B.09, subdivision 3. 46.21 The county auditor shall arrange for each municipality to 46.22 provide an adequate number of election judges to perform this 46.23 duty or the county auditor may appoint additional election 46.24 judges for this purpose. The county auditor may open the 46.25 envelopes or containers in which the voted ballots have been 46.26 sealed in order to count and record the write-in votes and must 46.27 reseal the voted ballots at the conclusion of this process. 46.28 Upon completion of the canvass, the county canvassing board 46.29 shall declare the candidate duly elected who received the 46.30 highest number of votes for each county and state office voted 46.31 for only within the county. The county auditor shall transmit 46.32 one of the certified copies of the county canvassing board 46.33 report for state and federal offices to the secretary of state 46.34 by express mail or similar service immediately upon conclusion 46.35 of the county canvass. 46.36 Sec. 27. Minnesota Statutes 2002, section 204C.35, is 47.1 amended by adding a subdivision to read: 47.2 Subd. 3. [SCOPE OF RECOUNT.] A recount conducted as 47.3 provided in this section is limited in scope to the 47.4 determination of the number of votes validly cast for the office 47.5 to be recounted. Only the ballots cast in the election and the 47.6 summary statements certified by the election judges may be 47.7 considered in the recount process. 47.8 Sec. 28. Minnesota Statutes 2002, section 204C.36, is 47.9 amended by adding a subdivision to read: 47.10 Subd. 6. [SCOPE OF RECOUNT.] A recount conducted as 47.11 provided in this section is limited in scope to the 47.12 determination of the number of votes validly cast for the office 47.13 or question to be recounted. Only the ballots cast in the 47.14 election and the summary statements certified by the election 47.15 judges may be considered in the recount process. 47.16 Sec. 29. Minnesota Statutes 2002, section 204C.361, is 47.17 amended to read: 47.18 204C.361 [RULES FOR RECOUNTS.] 47.19 (a) The secretary of state shall adopt rules according to 47.20 the Administrative Procedure Act establishing uniform recount 47.21 procedures. All recounts provided for by sections 204C.35, 47.22 204C.36, and 206.88, shall be conducted in accordance with these 47.23 rules. 47.24 (b) Notwithstanding Minnesota Rules, part 8235.0800, the 47.25 requirement that ballots be recounted by precinct means that a 47.26 recount official shall maintain the segregation of ballots by 47.27 precinct but the recount official may recount more than one 47.28 precinct at a time in physically separate locations within the 47.29 room in which the recount is administered. 47.30 Sec. 30. [204C.50] [POSTELECTION SECURITY AND 47.31 CERTIFICATION REVIEW.] 47.32 Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a) The 47.33 Office of the Secretary of State shall, within three days after 47.34 each state general election beginning in 2006, randomly select 47.35 80 precincts for postelection review as defined in this 47.36 section. The precincts must be selected so that an equal number 48.1 of precincts are selected in each congressional district of the 48.2 state. Of the precincts in each congressional district, at 48.3 least five must have had more than 500 votes cast, and at least 48.4 two must have had fewer than 500 votes cast. The secretary of 48.5 state must promptly provide notices of which precincts are 48.6 chosen to the election administration officials who are 48.7 responsible for the conduct of elections in those precincts. 48.8 (b) One week before the state general election beginning in 48.9 2006, the secretary of state must post on the office Web site 48.10 the date, time, and location at which precincts will be randomly 48.11 chosen for review under this section. The chair of each major 48.12 political party may appoint a designee to observe the random 48.13 selection process. 48.14 Subd. 2. [SCOPE AND CONDUCT OF THE REVIEW.] Each review is 48.15 limited to federal and state offices and must consist of at 48.16 least the following: 48.17 (a) The election officials immediately responsible for a 48.18 precinct chosen for review must conduct the following review and 48.19 submit the results in writing to the state canvassing board 48.20 before it meets to canvass the election: 48.21 (1) a hand tally of the paper ballots, of whatever kind 48.22 used in that precinct, for each contested election; 48.23 (2) a recount using the actual machine and software used on 48.24 election day, if a precinct-count or central-count automated 48.25 voting system was used; and 48.26 (3) a comparison of the hand tally with the reported 48.27 results for the precinct in the county canvassing board report, 48.28 as well as the actual tape of any automated tabulation produced 48.29 by any precinct-count or central-count optical scan equipment 48.30 that may have been used to tabulate votes cast in that precinct. 48.31 (b) The staff of the Office of the Secretary of State shall 48.32 conduct or directly supervise a review of the procedures used by 48.33 the election officials at all levels for a precinct chosen for 48.34 review, including an inspection of the materials retained for 48.35 the official 22-month retention period, such as the rosters, the 48.36 incident log, and the ballots themselves. The staff must submit 49.1 a written report to the secretary of state before the next 49.2 regularly scheduled meeting of the State Canvassing Board. 49.3 Subd. 3. [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 49.4 EQUIPMENT.] Each comparison of the precinct-count or 49.5 central-count tabulating equipment system with the review 49.6 described in subdivision 2, paragraph (a), must be accurate to 49.7 within one-half of one percent variation for each contested 49.8 election. If any review conducted under subdivision 2, 49.9 paragraph (a), reveals a discrepancy greater than one-half of 49.10 one percent, the Office of the Secretary of State shall as soon 49.11 as practicable conduct an additional review of at least ten 49.12 percent of the tabulating equipment used in the jurisdiction of 49.13 the election for which the discrepancy was discovered. If this 49.14 review results in a discrepancy greater than the one-half 49.15 percent standard, the Office of the Secretary of State must 49.16 conduct a complete audit of the election for which the 49.17 discrepancy was discovered. If a complete audit must be 49.18 conducted, the results of the audit must be used by the 49.19 canvassing board in making its report and determinations of 49.20 persons elected and propositions rejected or approved. If a 49.21 voting system is found to have failed to record votes in a 49.22 manner that indicates electronic operational failure, the 49.23 canvassing board must use the voter-verifiable audit records to 49.24 determine the votes cast on the system, unless the audit records 49.25 were also impaired by the operational failure of the voting 49.26 machine. Notwithstanding section 204C.33, subdivision 3, the 49.27 result of any election subject to this audit must not be 49.28 declared until the audit is completed. 49.29 Subd. 4. [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 49.30 JUDGES AND ADMINISTRATORS.] Each comparison of materials and 49.31 documents generated in the course of the election in the 49.32 selected precinct is expected to reveal no substantive errors 49.33 and a minimum of technical issues by election judges and 49.34 administrators. 49.35 Subd. 5. [FAILURE TO MEET STANDARDS.] (a) If a voting 49.36 system fails to meet the standard set forth in subdivision 3, 50.1 the manufacturer of the model of machine in question must obtain 50.2 recertification pursuant to section 206.57 and rules adopted 50.3 under that section, and is liable for penalties under section 50.4 206.66. 50.5 (b) If election judges or administrators fail to meet the 50.6 standard in subdivision 4, the judges and administrators for the 50.7 county where the precinct is located must attend training 50.8 designed to eliminate the errors causing the failure. The 50.9 Office of the Secretary of State must consider whether those 50.10 errors or issues warrant inclusion in the statewide training 50.11 programs conducted by the Office of the Secretary of State. 50.12 Subd. 6. [COSTS OF REVIEW.] The costs of conducting the 50.13 review required by this section must be allocated as follows: 50.14 (a) The county or municipality responsible for each 50.15 precinct selected for review must bear costs incurred under 50.16 subdivision 2, paragraph (a). 50.17 (b) The secretary of state must bear the costs incurred 50.18 under subdivision 2, paragraph (b), and subdivision 3, including 50.19 travel, expenses, and staff time of the Office of the Secretary 50.20 of State. 50.21 Subd. 7. [EXPIRATION.] This section expires January 1, 50.22 2008. 50.23 Sec. 31. Minnesota Statutes 2002, section 204D.14, is 50.24 amended by adding a subdivision to read: 50.25 Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 50.26 for which there is only one candidate filed must appear after 50.27 all judicial offices on the canary ballot. 50.28 Sec. 32. [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 50.29 When an official supplemental ballot must be used in a 50.30 general election in accordance with section 204B.41, the 50.31 secretary of state shall supply each auditor with a copy of an 50.32 example supplemental ballot at least three days prior to the 50.33 election. The example supplemental ballot must illustrate the 50.34 format required for the official supplemental ballot. 50.35 The county auditor shall distribute copies of the example 50.36 supplemental ballot to municipal and school district clerks in 51.1 municipalities and school districts holding elections that 51.2 year. The official supplemental ballot must conform in all 51.3 respects to the example supplemental ballot. Failure of the 51.4 official supplemental ballot to conform may be reported by any 51.5 person to the county attorney in the same manner as provided by 51.6 section 201.275. 51.7 Sec. 33. Minnesota Statutes 2002, section 204D.27, 51.8 subdivision 11, is amended to read: 51.9 Subd. 11. [CERTIFICATE OF LEGISLATIVE ELECTION.] A 51.10 certificate of election in a special election for state senator 51.11 or state representative shall be issued by the county auditor or51.12 the secretary of state to the individual declared elected by the 51.13 county or state canvassing board two days, excluding Sundays and 51.14 legal holidays, after the appropriate canvassing board finishes 51.15 canvassing the returns for the election. 51.16 In case of a contest the certificate shall not be issued 51.17 until the district court determines the contest. 51.18 Sec. 34. Minnesota Statutes 2002, section 205.075, is 51.19 amended by adding a subdivision to read: 51.20 Subd. 3. [MORE THAN ONE SEAT TO BE FILLED AT ANY 51.21 ELECTION.] A candidate filing for town supervisor when more than 51.22 one seat is to be filled at an election held under subdivision 2 51.23 must designate when filing the specific seat which the candidate 51.24 is seeking. 51.25 Sec. 35. Minnesota Statutes 2002, section 205.16, 51.26 subdivision 4, is amended to read: 51.27 Subd. 4. [NOTICE TO AUDITOR.] At least 4953 days prior to 51.28 every municipal election, the municipal clerk shall provide a 51.29 written notice to the county auditor, including the date of the 51.30 election, the offices to be voted on at the election, and the 51.31 title and language for each ballot question to be voted on at 51.32 the election. 51.33 Sec. 36. Minnesota Statutes 2002, section 205.16, is 51.34 amended by adding a subdivision to read: 51.35 Subd. 5. [NOTICE TO SECRETARY OF STATE.] At least 46 days 51.36 prior to every municipal election for which a notice is provided 52.1 to the county auditor under subdivision 4, the county auditor 52.2 shall provide a notice of the election to the secretary of 52.3 state, in a manner and including information prescribed by the 52.4 secretary of state. 52.5 Sec. 37. Minnesota Statutes 2002, section 205.185, 52.6 subdivision 2, is amended to read: 52.7 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 52.8 be by secret ballot and shall be held and the returns made in 52.9 the manner provided for the state general election, so far as52.10 practicableexcept as expressly provided by law. 52.11 Sec. 38. Minnesota Statutes 2002, section 205.185, 52.12 subdivision 3, is amended to read: 52.13 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 52.14 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 52.15 the governing body of a city conducting any election including a 52.16 special municipal election, or the governing body of a town 52.17 conducting the general election in November shall act as the 52.18 canvassing board, canvass the returns, and declare the results 52.19 of the election. The governing body of a town conducting the 52.20 general election in March shall act as the canvassing board, 52.21 canvass the returns, and declare the results of the election 52.22 within two days after an election. 52.23 (b) After the time for contesting elections has passed, the 52.24 municipal clerk shall issue a certificate of election to each 52.25 successful candidate. In case of a contest, the certificate 52.26 shall not be issued until the outcome of the contest has been 52.27 determined by the proper court. 52.28 (c) In case of a tie vote, the governing bodycanvassing 52.29 board having jurisdiction over the municipality shall determine 52.30 the result by lot. The clerk of the canvassing board shall 52.31 certify the results of the election to the county auditor, and 52.32 the clerk shall be the final custodian of the ballots and the 52.33 returns of the election. 52.34 Sec. 39. Minnesota Statutes 2002, section 205A.02, is 52.35 amended to read: 52.36 205A.02 [ELECTION LAW APPLICABLE.] 53.1 Except as provided in this chapterby law, the Minnesota 53.2 Election Law applies to school district elections , as far as53.3 practicable. Elections in common school districts shall be 53.4 governed by section 123B.94. 53.5 Sec. 40. Minnesota Statutes 2003 Supplement, section 53.6 205A.07, subdivision 3, is amended to read: 53.7 Subd. 3. [NOTICE TO AUDITOR.] At least 4953 days prior to 53.8 every school district election, the school district clerk shall 53.9 provide a written notice to the county auditor of each county in 53.10 which the school district is located. The notice must include 53.11 the date of the election, the offices to be voted on at the 53.12 election, and the title and language for each ballot question to 53.13 be voted on at the election. For the purposes of meeting the 53.14 timelines of this section, in a bond election, a notice, 53.15 including a proposed question, may be provided to the county 53.16 auditor prior to receipt of a review and comment from the 53.17 commissioner of education and prior to actual initiation of the 53.18 election. 53.19 Sec. 41. Minnesota Statutes 2002, section 205A.07, is 53.20 amended by adding a subdivision to read: 53.21 Subd. 3b. [NOTICE TO SECRETARY OF STATE.] At least 46 days 53.22 prior to every school district election for which a notice is 53.23 provided to the county auditor under subdivision 3, the county 53.24 auditor shall provide a notice of the election to the secretary 53.25 of state, in a manner and including information prescribed by 53.26 the secretary of state. 53.27 Sec. 42. Minnesota Statutes 2002, section 206.90, 53.28 subdivision 6, is amended to read: 53.29 Subd. 6. [BALLOTS.] In precincts using optical scan voting 53.30 systems, a single ballot card on which all ballot information is 53.31 included must be printed in black ink on white colored material 53.32 except that marks not to be read by the automatic tabulating 53.33 equipment may be printed in another color ink. 53.34 On the front of the ballot must be printed the words 53.35 "Official Ballot" and the date of the election and lines for the 53.36 initials of at least two election judges. 54.1 When optical scan ballots are used, the offices to be 54.2 elected must appear in the following order: federal offices; 54.3 state legislative offices; constitutional offices; proposed 54.4 constitutional amendments; county offices and questions; 54.5 municipal offices and questions; school district offices and 54.6 questions; special district offices and questions; and judicial 54.7 offices. 54.8 On optical scan ballots, the names of candidates and the 54.9 words "yes" and "no" for ballot questions must be printed as 54.10 close to their corresponding vote targets as possible. 54.11 The line on an optical scan ballot for write-in votes must 54.12 contain the words "write-in, if any." 54.13 If a primary ballot contains both a partisan ballot and a 54.14 nonpartisan ballot, the instructions to voters must include a 54.15 statement that reads substantially as follows: "THIS BALLOT 54.16 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 54.17 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 54.18 ONE POLITICAL PARTY ONLY." If a primary ballot contains 54.19 political party columns on both sides of the ballot, the 54.20 instructions to voters must include a statement that reads 54.21 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 54.22 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 54.23 POLITICAL PARTY ONLY." At the bottom of each political party 54.24 column on the primary ballot, the ballot must contain a 54.25 statement that reads substantially as follows: "CONTINUE VOTING 54.26 ON THE NONPARTISAN BALLOT." The instructions in section 54.27 204D.08, subdivision 4, do not apply to optical scan partisan 54.28 primary ballots. 54.29 Sec. 43. Minnesota Statutes 2002, section 211A.02, is 54.30 amended by adding a subdivision to read: 54.31 Subd. 5. [ELECTRONIC REPORTING.] The reports required by 54.32 this section may be filed electronically, subject to the 54.33 approval of the filing officer. 54.34 Sec. 44. Minnesota Statutes 2002, section 351.01, 54.35 subdivision 4, is amended to read: 54.36 Subd. 4. [WITHDRAWAL OF RESIGNATION.] A prospective 55.1 resignation permitted by subdivision 3 may only be withdrawn by 55.2 a written statement signed by the officer and submitted in the 55.3 same manner as the resignation, and may only be withdrawn before 55.4 it has been accepted by resolution of the body or board 55.5 or before a written acceptance of the resignation by an officer 55.6 authorized to receive it. 55.7 Sec. 45. Minnesota Statutes 2002, section 365.51, 55.8 subdivision 3, is amended to read: 55.9 Subd. 3. [OFFICERS; OTHER BUSINESS.] An annual town 55.10 election shall be held on the same day as the annual town 55.11 meeting to elect all town officers required by law to be elected 55.12 and to consider ballot questions, except as provided in section 55.13 205.075, subdivision 2. Other town business shall be conducted 55.14 at the town meeting as provided by law. 55.15 Sec. 46. Minnesota Statutes 2002, section 367.12, is 55.16 amended to read: 55.17 367.12 [DEPUTY CLERK.] 55.18 Each town clerk may appoint a deputy, for whose acts the 55.19 clerk shall be responsible, and who, in the clerk's absence or 55.20 disability, shall perform the clerk's duties. If a town clerk 55.21 has not appointed a deputy, the town treasurer shall perform the 55.22 duties of the clerk relating to receiving candidate filings when 55.23 the clerk is absent. 55.24 Sec. 47. Minnesota Statutes 2002, section 414.041, 55.25 subdivision 1, is amended to read: 55.26 Subdivision 1. [INITIATING THE PROCEEDING.] (a) Two or 55.27 more municipalities may be the subject of a single proceeding 55.28 provided that each municipality abuts at least one of the 55.29 included municipalities. 55.30 (b) The proceeding shall be initiated in one of the 55.31 following ways: 55.32 (1) submitting to the director a resolution of the city 55.33 council of each affected municipality; 55.34 (2) submitting to the director a petition signed by a 55.35 number of residents eligible to vote equivalent to five percent 55.36 or more of the resident voters of a municipality who voted for 56.1 governor at the last general election; or 56.2 (3) by the director. 56.3 (c) The petition or resolution shall set forth the 56.4 following information about each included municipality: name, 56.5 description of boundaries, the reasons for requesting the 56.6 consolidation and the names of all parties entitled to mailed 56.7 notice under section 414.09. 56.8 (d) The party initiating the proceeding shall serve copies 56.9 of the petition or resolution on all of the included 56.10 municipalities. 56.11 Sec. 48. Minnesota Statutes 2002, section 447.32, 56.12 subdivision 3, is amended to read: 56.13 Subd. 3. [ELECTION NOTICES.] At least two weeks before the 56.14 first day to file affidavits of candidacy, the clerk of the 56.15 district shall publish a notice stating the first and last day 56.16 on which affidavits of candidacy may be filed, the places for 56.17 filing the affidavits and the closing time of the last day for 56.18 filing. The clerk shall post a similar notice in at least one 56.19 conspicuous place in each city and town in the district at least 56.20 ten days before the first day to file affidavits of candidacy. 56.21 At least 53 days prior to every hospital district election, 56.22 the hospital district clerk shall provide a written notice to 56.23 the county auditor of each county in which the hospital district 56.24 is located. The notice must include the date of the election, 56.25 the offices to be voted on at the election, and the title and 56.26 language for each ballot question to be voted on at the 56.27 election. At least 46 days before a hospital district election 56.28 for which a notice is provided to the county auditor under this 56.29 subdivision, the county auditor shall provide a notice to the 56.30 secretary of state in a manner and including information 56.31 prescribed by the secretary of state. 56.32 The notice of each election must be posted in at least one 56.33 public and conspicuous place within each city and town included 56.34 in the district at least ten days before the election. It must 56.35 be published in the official newspaper of the district or, if a 56.36 paper has not been designated, in a legal newspaper having 57.1 general circulation within the district, at least two weeks 57.2 before the election. Failure to give notice does not invalidate 57.3 the election of an officer of the district. A voter may contest 57.4 a hospital district election in accordance with chapter 209. 57.5 Chapter 209 applies to hospital district elections. 57.6 Sec. 49. Minnesota Statutes 2002, section 447.32, 57.7 subdivision 4, is amended to read: 57.8 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 57.9 person who wants to be a candidate for the hospital board shall 57.10 file an affidavit of candidacy for the election either as member 57.11 at large or as a member representing the city or town where the 57.12 candidate resides. The affidavit of candidacy must be filed 57.13 with the city or town clerk not more than ten weeks nor less 57.14 than eight weeks before the Tuesday after the second Monday in 57.15 September of the year in which the general election is held. 57.16 The city or town clerk must forward the affidavits of candidacy 57.17 to the clerk of the hospital district or, for the first 57.18 election, the clerk of the most populous city or town 57.19 immediately after the last day of the filing period. A 57.20 candidate may withdraw from the election by filing an affidavit 57.21 of withdrawal with the clerk of the district no later than 5:00 57.22 p.m. two days after the last day to file affidavits of candidacy. 57.23 Voting must be by secret ballot. The clerk shall prepare, 57.24 at the expense of the district, necessary ballots for the 57.25 election of officers. Ballots must be printed on tan paper and 57.26 prepared as provided in the rules of the secretary of state. 57.27 The ballots must be marked and initialed by at least two judges 57.28 as official ballots and used exclusively at the election. Any 57.29 proposition to be voted on may be printed on the ballot provided 57.30 for the election of officers. The hospital board may also 57.31 authorize the use of voting systems subject to chapter 206. 57.32 Enough election judges may be appointed to receive the votes at 57.33 each polling place. The election judges shall act as clerks of 57.34 election, count the ballots cast, and submit them to the board 57.35 for canvass. 57.36 After canvassing the election, the board shall issue a 58.1 certificate of election to the candidate who received the 58.2 largest number of votes cast for each office. The clerk shall 58.3 deliver the certificate to the person entitled to it in person 58.4 or by certified mail. Each person certified shall file an 58.5 acceptance and oath of office in writing with the clerk within 58.6 30 days after the date of delivery or mailing of the 58.7 certificate. The board may fill any office as provided in 58.8 subdivision 1 if the person elected fails to qualify within 30 58.9 days, but qualification is effective if made before the board 58.10 acts to fill the vacancy. 58.11 Sec. 50. [EFFECTIVE DATE.] 58.12 This article is effective the day following final enactment. 58.13 ARTICLE 3 58.14 CAMPAIGN MATERIAL DISCLAIMERS 58.15 Section 1. Minnesota Statutes 2002, section 211B.01, 58.16 subdivision 2, is amended to read: 58.17 Subd. 2. [CAMPAIGN MATERIAL.] "Campaign material" means 58.18 any literature, publication, or material tending to influence58.19 that is disseminated for the purpose of influencing voting at a 58.20 primary or other election, except for news items or editorial 58.21 comments by the news media. 58.22 Sec. 2. Minnesota Statutes 2002, section 211B.04, is 58.23 amended to read: 58.24 211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 58.25 (a) A person who participates in the preparation or 58.26 dissemination of campaign material other than as provided in 58.27 section 211B.05, subdivision 1, that does not prominently 58.28 include the name and address of the person or committee causing 58.29 the material to be prepared or disseminated in a disclaimer 58.30 substantially in the form provided in paragraph (b) or (c) is 58.31 guilty of a misdemeanor. 58.32 (b) Except in cases covered by paragraph (c), the required 58.33 form of disclaimer is: "Prepared and paid for by the .......... 58.34 committee, .........(address)" for material prepared and paid 58.35 for by a principal campaign committee, or "Prepared and paid for 58.36 by the .......... committee, .........(address), in support of 59.1 .........(insert name of candidate or ballot question)" for 59.2 material prepared and paid for by a person or committee other 59.3 than a principal campaign committee. 59.4 (c) In the case of broadcast media, the required form of 59.5 disclaimer is: "Paid for by the ............ committee." 59.6 (d) Campaign material that is not circulated on behalf of a 59.7 particular candidate or ballot question must also include in the 59.8 disclaimer either that it is "in opposition to .....(insert name 59.9 of candidate or ballot question.....)"; or that "this 59.10 publication is not circulated on behalf of any candidate or 59.11 ballot question." 59.12 (e) This section does not apply to objects stating only the 59.13 candidate's name and the office sought, fund-raising tickets, or 59.14 personal letters that are clearly being sent by the candidate. 59.15 (f) This section does not apply to an individual or 59.16 association who acts independently of any candidate, candidate's 59.17 committee, political committee, or political fund and spends 59.18 only from the individual's or association's own resources a sum 59.19 that is less than $300$500 in the aggregate to produce or 59.20 distribute campaign material that is distributed at least 1459.21 seven days before the election to which the campaign material 59.22 relates. 59.23 (g) This section does not modify or repeal section 211B.06. 59.24 Sec. 3. [EFFECTIVE DATE.] 59.25 This article is effective the day following final enactment.