HF 1119

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing certain deadlines, 
  1.3             procedures, requirements, and provisions; amending 
  1.4             Minnesota Statutes 2002, sections 5.08; 15.0597, 
  1.5             subdivisions 2, 3, 4, 5, 6, 7; 15.0599, subdivision 4; 
  1.6             126C.17, subdivision 9; 201.061, subdivision 3; 
  1.7             201.071, subdivision 3; 201.161; 201.171; 201.221, 
  1.8             subdivision 3; 201.275; 202A.14, subdivision 3; 
  1.9             203B.085; 203B.11, subdivision 1; 203B.125; 204B.06, 
  1.10            subdivision 1; 204B.07, subdivision 2; 204B.09, 
  1.11            subdivisions 1, 3; 204B.13, subdivision 6; 204B.14, 
  1.12            subdivision 2; 204B.16, subdivision 3; 204B.18, 
  1.13            subdivision 1; 204B.19, subdivisions 1, 6; 204B.21, 
  1.14            subdivisions 1, 2; 204B.22, by adding a subdivision; 
  1.15            204B.34, subdivision 3; 204B.36, subdivision 4; 
  1.16            204B.41; 204C.06, by adding a subdivision; 204C.10; 
  1.17            204C.12, subdivision 4; 204C.20, subdivision 2; 
  1.18            204C.28, subdivision 1; 204C.33, subdivision 1; 
  1.19            204C.35, by adding a subdivision; 204C.36, 
  1.20            subdivisions 1, 3, by adding a subdivision; 204C.361; 
  1.21            204D.27, subdivision 11; 205.02, subdivision 1; 
  1.22            205.075, by adding a subdivision; 205.16, subdivision 
  1.23            4, by adding a subdivision; 205.185, subdivisions 2, 
  1.24            3; 205A.02; 205A.07, subdivision 3, by adding a 
  1.25            subdivision; 206.58, subdivision 1; 206.81; 206.90, 
  1.26            subdivision 6; 211A.02, by adding a subdivision; 
  1.27            351.01, subdivision 4; 365.51, subdivision 3; 367.12; 
  1.28            414.041, subdivision 1; 447.32, subdivisions 3, 4; 
  1.29            proposing coding for new law in Minnesota Statutes, 
  1.30            chapters 5; 204D. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32     Section 1.  Minnesota Statutes 2002, section 5.08, is 
  1.33  amended to read: 
  1.34     5.08 [LEGISLATIVE MANUAL.] 
  1.35     Subdivision 1.  [PREPARATION.] The secretary of state shall 
  1.36  prepare, compile, edit, and distribute for use at each regular 
  1.37  legislative session, a convenient manual, properly indexed, and 
  1.38  containing:  The federal and state constitutions; the acts of 
  2.1   Congress relating to the organization of the territory and 
  2.2   state; the rules of order and joint rules of the two houses, and 
  2.3   lists of their members, committees and employees; the names of 
  2.4   all state officials, whether elected or appointed, and of all 
  2.5   persons holding office from this state under the national 
  2.6   government, including postmasters appointed by the president; 
  2.7   the places where the said several officials reside, and the 
  2.8   annual compensation of each; and statistical and other 
  2.9   information of the kind heretofore published in the legislative 
  2.10  manuals. 
  2.11     Subd. 2.  [DISTRIBUTION.] 15,000 10,000 copies of the 
  2.12  legislative manual shall be printed and distributed as follows: 
  2.13     (1) up to 25 20 copies shall be available to each member of 
  2.14  the legislature on request; 
  2.15     (2) 50 copies to the state historical society; 
  2.16     (3) 25 copies to the state university; 
  2.17     (4) 60 copies to the state library; 
  2.18     (5) two copies each to the Library of Congress,; the 
  2.19  Minnesota veterans home, homes; the state universities,; the 
  2.20  state high schools, the public academies, seminaries, and 
  2.21  colleges of the state,; and the free public libraries of the 
  2.22  state; 
  2.23     (6) one copy each to other state institutions, the elective 
  2.24  state officials, the appointed heads of departments, the 
  2.25  officers and employees of the legislature, the justices of the 
  2.26  supreme court, the judges of the court of appeals and the 
  2.27  district court, the senators and representatives in Congress 
  2.28  from this state, and the county auditors, recorders, and county 
  2.29  attorneys; 
  2.30     (7) one copy to each public school, to be distributed 
  2.31  through the superintendent of each school district; and 
  2.32     (8) the remainder may be disposed of as the secretary of 
  2.33  state deems best. 
  2.34     Sec. 2.  [5.31] [SURVEYS.] 
  2.35     The secretary of state is authorized to conduct surveys and 
  2.36  other research related to elections.  County auditors and 
  3.1   municipal clerks shall respond to surveys sent to them within 
  3.2   two weeks of receipt. 
  3.3      Sec. 3.  Minnesota Statutes 2002, section 15.0597, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
  3.6   agency or the chair's designee, or the appointing authority for 
  3.7   the members of a newly created agency, shall provide the 
  3.8   secretary, on forms in an electronic format prepared and 
  3.9   distributed by the secretary, with the following data pertaining 
  3.10  to that agency: 
  3.11     (1) the name of the agency, its mailing address, and 
  3.12  telephone number; 
  3.13     (2) the legal authority for the creation of the agency and 
  3.14  the name of the person appointing agency members; 
  3.15     (3) the powers and duties of the agency; 
  3.16     (4) the number of authorized members, together with any 
  3.17  prescribed restrictions on eligibility such as employment 
  3.18  experience or geographical representation; 
  3.19     (5) the dates of commencement and expiration of the 
  3.20  membership terms and the expiration date of the agency, if any; 
  3.21     (6) the compensation of members, and appropriations or 
  3.22  other funds available to the agency; 
  3.23     (7) the regular meeting schedule, if any, and approximate 
  3.24  number of hours per month of meetings or other activities 
  3.25  required of members; 
  3.26     (8) the roster of current members, including mailing 
  3.27  addresses, electronic mail addresses, and telephone numbers; and 
  3.28     (9) a breakdown of the membership showing distribution by 
  3.29  county, legislative district, and congressional district, and, 
  3.30  only if the member has voluntarily supplied the information, the 
  3.31  sex, political party preference or lack of party preference, 
  3.32  race, and national origin of the members. 
  3.33     The secretary may provide for require the submission of 
  3.34  data in accordance with this subdivision by electronic means.  
  3.35  The publication requirement under clause (8) may be met by 
  3.36  publishing a member's home or business address and telephone 
  4.1   number, the address and telephone number of the agency to which 
  4.2   the member is appointed, the member's electronic mail address, 
  4.3   if provided, or any other information that would enable the 
  4.4   public to communicate with the member. 
  4.5      Sec. 4.  Minnesota Statutes 2002, section 15.0597, 
  4.6   subdivision 3, is amended to read: 
  4.7      Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
  4.8   state shall provide for annual updating of the required data and 
  4.9   shall annually arrange for the publication in the state register 
  4.10  on the Web site of the secretary of state of the compiled data 
  4.11  from all agencies on or about October 15 of each year.  Copies 
  4.12  of The compilation must be electronically delivered to the 
  4.13  governor and the legislature.  Paper copies of the compilation 
  4.14  must be made available by the secretary to any interested person 
  4.15  at cost, and copies must be available for viewing by interested 
  4.16  persons.  The chair of an agency who does not submit data 
  4.17  required by this section or who does not notify the secretary of 
  4.18  a vacancy in the agency, is not eligible for a per diem or 
  4.19  expenses in connection with agency service until December 1 of 
  4.20  the following year. 
  4.21     Sec. 5.  Minnesota Statutes 2002, section 15.0597, 
  4.22  subdivision 4, is amended to read: 
  4.23     Subd. 4.  [NOTICE OF VACANCIES.] The chair of an existing 
  4.24  agency, shall notify the secretary by electronic means of a 
  4.25  vacancy scheduled to occur in the agency as a result of the 
  4.26  expiration of membership terms at least 45 days before the 
  4.27  vacancy occurs.  The chair of an existing agency shall 
  4.28  give written electronic notification to the secretary of each 
  4.29  vacancy occurring as a result of newly created agency positions 
  4.30  and of every other vacancy occurring for any reason other than 
  4.31  the expiration of membership terms as soon as possible upon 
  4.32  learning of the vacancy and in any case within 15 days after the 
  4.33  occurrence of the vacancy.  The appointing authority for newly 
  4.34  created agencies shall give written electronic notification to 
  4.35  the secretary of all vacancies in the new agency within 15 days 
  4.36  after the creation of the agency.  The secretary may provide for 
  5.1   require the submission of notices required by this subdivision 
  5.2   by electronic means.  The secretary shall publish monthly in the 
  5.3   State Register on the Web site of the secretary of state a list 
  5.4   of all vacancies of which the secretary has been so notified.  
  5.5   Only one notice of a vacancy shall be so published, unless the 
  5.6   appointing authority rejects all applicants and requests the 
  5.7   secretary to republish the notice of vacancy.  One copy of the 
  5.8   listing shall be made available at the office of the secretary 
  5.9   to any interested person.  The secretary shall distribute by 
  5.10  mail or electronic means copies of the listings to requesting 
  5.11  persons.  The listing for all vacancies scheduled to occur in 
  5.12  the month of January shall be published in the State Register on 
  5.13  the Web site of the secretary of state together with the 
  5.14  compilation of agency data required to be published pursuant to 
  5.15  subdivision 3. 
  5.16     If a vacancy occurs within three months after an 
  5.17  appointment is made to fill a regularly scheduled vacancy, the 
  5.18  appointing authority may, upon notification by electronic means 
  5.19  to the secretary, fill the vacancy by appointment from the list 
  5.20  of persons submitting applications to fill the regularly 
  5.21  scheduled vacancy. 
  5.22     Sec. 6.  Minnesota Statutes 2002, section 15.0597, 
  5.23  subdivision 5, is amended to read: 
  5.24     Subd. 5.  [NOMINATIONS FOR VACANCIES.] Any person may make 
  5.25  a self-nomination for appointment to an agency vacancy by 
  5.26  completing an application on a form prepared and distributed by 
  5.27  the secretary.  The secretary may provide for the submission of 
  5.28  the application by electronic means.  Any person or group of 
  5.29  persons may, on the prescribed application form, nominate 
  5.30  another person to be appointed to a vacancy so long as the 
  5.31  person so nominated consents in writing on the application form 
  5.32  to the nomination.  The application form shall specify the 
  5.33  nominee's name, mailing address, electronic mail address, 
  5.34  telephone number, preferred agency position sought, a statement 
  5.35  that the nominee satisfies any legally prescribed 
  5.36  qualifications, a statement whether the applicant has ever been 
  6.1   convicted of a felony and any other information the nominating 
  6.2   person feels would be helpful to the appointing authority.  The 
  6.3   nominating person has the option of indicating the nominee's 
  6.4   sex, political party preference or lack thereof, status with 
  6.5   regard to disability, race, and national origin on the 
  6.6   application form.  The application form shall make the option 
  6.7   known.  If a person submits an application at the suggestion of 
  6.8   an appointing authority, the person shall so indicate on the 
  6.9   application form.  Twenty-one days after publication of a 
  6.10  vacancy in the State Register on the Web site of the secretary 
  6.11  of state pursuant to subdivision 4, the secretary shall 
  6.12  submit electronic copies of all applications received for a 
  6.13  position to the appointing authority charged with filling the 
  6.14  vacancy.  If no applications have been received by the secretary 
  6.15  for the vacant position by the date when electronic copies must 
  6.16  be submitted to the appointing authority, the secretary shall so 
  6.17  inform the appointing authority.  Applications received by the 
  6.18  secretary shall be deemed to have expired one year after receipt 
  6.19  of the application.  An application for a particular agency 
  6.20  position shall be deemed to be an application for all vacancies 
  6.21  in that agency occurring prior to the expiration of the 
  6.22  application and shall be public information. 
  6.23     Sec. 7.  Minnesota Statutes 2002, section 15.0597, 
  6.24  subdivision 6, is amended to read: 
  6.25     Subd. 6.  [APPOINTMENTS.] In making an appointment to a 
  6.26  vacant agency position, the appointing authority shall consider 
  6.27  applications for positions in that agency supplied by the 
  6.28  secretary.  No appointing authority may appoint someone to a 
  6.29  vacant agency position until (1) ten days after receipt of the 
  6.30  applications for positions in that agency from the secretary or 
  6.31  (2) receipt of notice from the secretary that no applications 
  6.32  have been received for vacant positions in that agency.  At 
  6.33  least five days before the date of appointment, the appointing 
  6.34  authority shall issue a public announcement and inform the 
  6.35  secretary in writing by electronic means of the name of the 
  6.36  person the appointing authority intends to appoint to fill the 
  7.1   agency vacancy and the expiration date of that person's term.  
  7.2   If the appointing authority intends to appoint a person other 
  7.3   than one for whom an application was submitted pursuant to this 
  7.4   section, the appointing authority shall complete an application 
  7.5   form on behalf of the appointee and submit it to the secretary 
  7.6   indicating on the application that it is submitted by the 
  7.7   appointing authority.  
  7.8      Sec. 8.  Minnesota Statutes 2002, section 15.0597, 
  7.9   subdivision 7, is amended to read: 
  7.10     Subd. 7.  [REPORT.] Together with the compilation required 
  7.11  in subdivision 3, the secretary shall annually deliver to the 
  7.12  governor and the legislature a report in electronic format 
  7.13  containing the following information: 
  7.14     (1) the number of vacancies occurring in the preceding 
  7.15  year; 
  7.16     (2) the number of vacancies occurring as a result of 
  7.17  scheduled ends of terms, unscheduled vacancies and the creation 
  7.18  of new positions; 
  7.19     (3) breakdowns by county, legislative district, and 
  7.20  congressional district, and, if known, the sex, political party 
  7.21  preference or lack thereof, status with regard to disability, 
  7.22  race, and national origin, for members whose agency membership 
  7.23  terminated during the year and appointees to the vacant 
  7.24  positions; and 
  7.25     (4) the number of vacancies filled from applications 
  7.26  submitted by (i) the appointing authorities for the positions 
  7.27  filled, (ii) nominating persons and self-nominees who submitted 
  7.28  applications at the suggestion of appointing authorities, and 
  7.29  (iii) all others. 
  7.30     Sec. 9.  Minnesota Statutes 2002, section 15.0599, 
  7.31  subdivision 4, is amended to read: 
  7.32     Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
  7.33  appointing authority of a newly established agency or the 
  7.34  authority's designee shall provide the secretary with the 
  7.35  following information: 
  7.36     (1) the name, mailing address, electronic mail address, and 
  8.1   telephone number of the agency; 
  8.2      (2) the legal authority for the establishment of the agency 
  8.3   and the name and the title of the person or persons appointing 
  8.4   agency members; 
  8.5      (3) the powers and duties of the agency and whether the 
  8.6   agency, however designated, is best described by section 15.012, 
  8.7   paragraph (a), (b), (c), (e), or (f); 
  8.8      (4) the number of authorized members, together with any 
  8.9   prescribed restrictions on eligibility; 
  8.10     (5) the roster of current members, including mailing 
  8.11  addresses, electronic mail addresses, and telephone numbers; 
  8.12     (6) a breakdown of the membership showing distribution by 
  8.13  county, legislative district, and congressional district and 
  8.14  compliance with any restrictions listed in accordance with 
  8.15  clause (4); 
  8.16     (7) if any members have voluntarily provided the 
  8.17  information, the sex, age, political preference or lack of 
  8.18  preference, status with regard to disability, race, and national 
  8.19  origin of those members; 
  8.20     (8) the dates of commencement and expiration of membership 
  8.21  terms and the expiration date of the agency, if any; 
  8.22     (9) the compensation of members and appropriations or other 
  8.23  money available to the agency; 
  8.24     (10) the name of the state agency or other entity, if any, 
  8.25  required to provide staff or administrative support to the 
  8.26  agency; 
  8.27     (11) the regular meeting schedule, if any, and the 
  8.28  approximate number of hours a month of meetings or other 
  8.29  activities required of members; and 
  8.30     (12) a brief statement of the goal or purpose of the 
  8.31  agency, along with a summary of what an existing agency has 
  8.32  done, or what a newly established agency plans to do to achieve 
  8.33  its goal or purpose. 
  8.34     The publication requirement under clause (5) may be met by 
  8.35  publishing a member's home or business address and telephone 
  8.36  number, the address and telephone number of the agency to which 
  9.1   the member is appointed, the member's electronic mail address, 
  9.2   or any other information that would enable the public to 
  9.3   communicate with the member. 
  9.4      (b) The chair of an existing agency or the chair's designee 
  9.5   shall provide information, covering the fiscal year in which it 
  9.6   is registering, on the number of meetings it has held, its 
  9.7   expenses, and the number of staff hours, if any, devoted to its 
  9.8   support.  The chair or designee shall also, if necessary, update 
  9.9   any of the information previously provided in accordance with 
  9.10  paragraph (a). 
  9.11     (c) The secretary shall provide electronic forms for the 
  9.12  reporting of information required by this subdivision and 
  9.13  may provide for require reporting by electronic means. 
  9.14     Sec. 10.  Minnesota Statutes 2002, section 126C.17, 
  9.15  subdivision 9, is amended to read: 
  9.16     Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
  9.17  by section 126C.10, subdivision 1, may be increased in the 
  9.18  amount approved by the voters of the district at a referendum 
  9.19  called for the purpose.  The referendum may be called by the 
  9.20  board or shall be called by the board upon written petition of 
  9.21  qualified voters of the district.  The referendum must be 
  9.22  conducted one or two calendar years before the increased levy 
  9.23  authority, if approved, first becomes payable.  Only one 
  9.24  election to approve an increase may be held in a calendar year.  
  9.25  Unless the referendum is conducted by mail under paragraph (g), 
  9.26  the referendum must be held on the first Tuesday after the first 
  9.27  Monday in November.  The ballot must state the maximum amount of 
  9.28  the increased revenue per resident marginal cost pupil unit, the 
  9.29  estimated referendum tax rate as a percentage of referendum 
  9.30  market value in the first year it is to be levied, and that the 
  9.31  revenue must be used to finance school operations.  The ballot 
  9.32  may state a schedule, determined by the board, of increased 
  9.33  revenue per resident marginal cost pupil unit that differs from 
  9.34  year to year over the number of years for which the increased 
  9.35  revenue is authorized.  If the ballot contains a schedule 
  9.36  showing different amounts, it must also indicate the estimated 
 10.1   referendum tax rate as a percent of referendum market value for 
 10.2   the amount specified for the first year and for the maximum 
 10.3   amount specified in the schedule.  The ballot may state that 
 10.4   existing referendum levy authority is expiring.  In this case, 
 10.5   the ballot may also compare the proposed levy authority to the 
 10.6   existing expiring levy authority, and express the proposed 
 10.7   increase as the amount, if any, over the expiring referendum 
 10.8   levy authority.  The ballot must designate the specific number 
 10.9   of years, not to exceed ten, for which the referendum 
 10.10  authorization applies.  The notice required under section 275.60 
 10.11  may be modified to read, in cases of renewing existing levies: 
 10.12     "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
 10.13     FOR A PROPERTY TAX INCREASE." 
 10.14     The ballot may contain a textual portion with the 
 10.15  information required in this subdivision and a question stating 
 10.16  substantially the following:  
 10.17     "Shall the increase in the revenue proposed by (petition 
 10.18  to) the board of ........., School District No. .., be approved?"
 10.19     If approved, an amount equal to the approved revenue per 
 10.20  resident marginal cost pupil unit times the resident marginal 
 10.21  cost pupil units for the school year beginning in the year after 
 10.22  the levy is certified shall be authorized for certification for 
 10.23  the number of years approved, if applicable, or until revoked or 
 10.24  reduced by the voters of the district at a subsequent referendum.
 10.25     (b) The board must prepare and deliver by first class mail 
 10.26  at least 15 days but no more than 30 days before the day of the 
 10.27  referendum to each taxpayer a notice of the referendum and the 
 10.28  proposed revenue increase.  The board need not mail more than 
 10.29  one notice to any taxpayer.  For the purpose of giving mailed 
 10.30  notice under this subdivision, owners must be those shown to be 
 10.31  owners on the records of the county auditor or, in any county 
 10.32  where tax statements are mailed by the county treasurer, on the 
 10.33  records of the county treasurer.  Every property owner whose 
 10.34  name does not appear on the records of the county auditor or the 
 10.35  county treasurer is deemed to have waived this mailed notice 
 10.36  unless the owner has requested in writing that the county 
 11.1   auditor or county treasurer, as the case may be, include the 
 11.2   name on the records for this purpose.  The notice must project 
 11.3   the anticipated amount of tax increase in annual dollars and 
 11.4   annual percentage for typical residential homesteads, 
 11.5   agricultural homesteads, apartments, and commercial-industrial 
 11.6   property within the school district.  The notice is not an 
 11.7   official ballot. 
 11.8      The notice for a referendum may state that an existing 
 11.9   referendum levy is expiring and project the anticipated amount 
 11.10  of increase over the existing referendum levy in the first year, 
 11.11  if any, in annual dollars and annual percentage for typical 
 11.12  residential homesteads, agricultural homesteads, apartments, and 
 11.13  commercial-industrial property within the district. 
 11.14     The notice must include the following statement:  "Passage 
 11.15  of this referendum will result in an increase in your property 
 11.16  taxes."  However, in cases of renewing existing levies, the 
 11.17  notice may include the following statement:  "Passage of this 
 11.18  referendum may result in an increase in your property taxes." 
 11.19     (c) A referendum on the question of revoking or reducing 
 11.20  the increased revenue amount authorized pursuant to paragraph 
 11.21  (a) may be called by the board and shall be called by the board 
 11.22  upon the written petition of qualified voters of the district.  
 11.23  A referendum to revoke or reduce the levy amount must be based 
 11.24  upon the dollar amount, local tax rate, or amount per resident 
 11.25  marginal cost pupil unit, that was stated to be the basis for 
 11.26  the initial authorization.  Revenue approved by the voters of 
 11.27  the district pursuant to paragraph (a) must be received at least 
 11.28  once before it is subject to a referendum on its revocation or 
 11.29  reduction for subsequent years.  Only one revocation or 
 11.30  reduction referendum may be held to revoke or reduce referendum 
 11.31  revenue for any specific year and for years thereafter. 
 11.32     (d) A petition authorized by paragraph (a) or (c) is 
 11.33  effective if signed by a number of qualified voters in excess of 
 11.34  15 percent of the registered voters of the district on the day 
 11.35  the petition is filed with the board.  A referendum invoked by 
 11.36  petition must be held on the date specified in paragraph (a). 
 12.1      (e) The approval of 50 percent plus one of those voting on 
 12.2   the question is required to pass a referendum authorized by this 
 12.3   subdivision. 
 12.4      (f) At least 15 days before the day of the referendum, the 
 12.5   district must submit a copy of the notice required under 
 12.6   paragraph (b) to the commissioner and to the county auditor of 
 12.7   each county in which the district is located.  Within 15 days 
 12.8   after the results of the referendum have been certified by the 
 12.9   board, or in the case of a recount, the certification of the 
 12.10  results of the recount by the canvassing board, the district 
 12.11  must notify the commissioner of the results of the referendum. 
 12.12     Sec. 11.  Minnesota Statutes 2002, section 201.061, 
 12.13  subdivision 3, is amended to read: 
 12.14     Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
 12.15  eligible to vote may register on election day by appearing in 
 12.16  person at the polling place for the precinct in which the 
 12.17  individual maintains residence, by completing a registration 
 12.18  card, making an oath in the form prescribed by the secretary of 
 12.19  state and providing proof of residence.  An individual may prove 
 12.20  residence for purposes of registering by: 
 12.21     (1) showing a driver's license or Minnesota identification 
 12.22  card issued pursuant to section 171.07; 
 12.23     (2) showing any document approved by the secretary of state 
 12.24  as proper identification; 
 12.25     (3) showing a current student identification card that 
 12.26  contains the student's valid address in the precinct, a current 
 12.27  student fee statement that contains the student's valid address 
 12.28  in the precinct, or a copy of a current student registration 
 12.29  card that contains the student's valid address in the precinct; 
 12.30     (4) showing one of the following: 
 12.31     (i) a current valid student identification card from a 
 12.32  post-secondary educational institution in Minnesota, if a list 
 12.33  of students from that institution has been prepared under 
 12.34  section 135A.17 and certified to the county auditor in the 
 12.35  manner provided in rules of the secretary of state; or 
 12.36     (ii) a current student fee statement that contains the 
 13.1   student's valid address in the precinct together with a picture 
 13.2   identification card; 
 13.3      (4) (5) having a voter who is registered to vote in the 
 13.4   precinct sign an oath in the presence of the election judge 
 13.5   vouching that the voter personally knows that the individual is 
 13.6   a resident of the precinct.  A voter who has been vouched for on 
 13.7   election day may not sign a proof of residence oath vouching for 
 13.8   any other individual on that election day; or 
 13.9      (5) (6) for tribal band members living on an Indian 
 13.10  reservation, an individual may prove residence for purposes of 
 13.11  registering by showing an identification card issued by the 
 13.12  tribal government of a tribe recognized by the Bureau of Indian 
 13.13  Affairs, United States Department of the Interior, that contains 
 13.14  the name, street address, signature, and picture of the 
 13.15  individual.  The county auditor of each county having territory 
 13.16  within the reservation shall maintain a record of the number of 
 13.17  election day registrations accepted under this section. 
 13.18     A county, school district, or municipality may require that 
 13.19  an election judge responsible for election day registration 
 13.20  initial each completed registration card.  
 13.21     Sec. 12.  Minnesota Statutes 2002, section 201.071, 
 13.22  subdivision 3, is amended to read: 
 13.23     Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
 13.24  deficient if it contains the voter's name, address, date of 
 13.25  birth, prior registration if any and signature.  The absence of 
 13.26  a zip code number does not cause the registration to be 
 13.27  deficient.  The election judges shall request an individual to 
 13.28  correct a registration card if it is deficient or illegible or 
 13.29  if the name or number of the voter's school district is missing 
 13.30  or obviously incorrect.  No eligible voter may be prevented from 
 13.31  voting unless the voter's registration card is deficient or the 
 13.32  voter is duly and successfully challenged in accordance with 
 13.33  section 201.195 or 204C.12. 
 13.34     A registration card accepted prior to August 1, 1983, is 
 13.35  not deficient for lack of date of birth.  The county or 
 13.36  municipality may attempt to obtain the date of birth for a 
 14.1   registration card accepted prior to August 1, 1983, by a request 
 14.2   to the voter at any time except at the polling place.  Failure 
 14.3   by the voter to comply with this request does not make the 
 14.4   registration deficient.  
 14.5      The secretary of state shall prescribe the form for a 
 14.6   county or municipality to request the date of birth from 
 14.7   currently registered voters.  The county or municipality must 
 14.8   not request the date of birth from currently registered voters 
 14.9   by any communication other than the prescribed form and the form 
 14.10  must clearly indicate that a currently registered voter does not 
 14.11  lose registration status by failing to provide the date of birth.
 14.12     A registration card is not deficient for lack of a 
 14.13  telephone number. 
 14.14     Sec. 13.  Minnesota Statutes 2002, section 201.161, is 
 14.15  amended to read: 
 14.16     201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
 14.17  APPLICATIONS.] 
 14.18     The department of public safety shall change its 
 14.19  applications for an original, duplicate, or change of address 
 14.20  driver's license or identification card so that the forms may 
 14.21  also serve as voter registration cards.  The forms must contain 
 14.22  spaces for the all information required in section 201.071, 
 14.23  subdivision 1, and applicable rules of collected by voter 
 14.24  registration cards prescribed by the secretary of state.  
 14.25  Applicants for driver's licenses or identification cards must be 
 14.26  asked if they want to register to vote at the same time.  A copy 
 14.27  of each application containing a completed voter registration 
 14.28  must be sent to the county auditor of the county in which the 
 14.29  voter maintains residence or to the secretary of state as soon 
 14.30  as possible.  The computerized driver's license record 
 14.31  information relating to name, address, date of birth, driver's 
 14.32  license number, county, town, and city must be made available 
 14.33  for access by the secretary of state and interaction with the 
 14.34  statewide voter registration system.  
 14.35     Sec. 14.  Minnesota Statutes 2002, section 201.171, is 
 14.36  amended to read: 
 15.1      201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 15.2   REGISTRATION REMOVED.] 
 15.3      Within six weeks after every election, the county auditor 
 15.4   shall post the voting history for every person who voted in the 
 15.5   election.  After the close of the calendar year, the secretary 
 15.6   of state shall determine if any registrants have not voted 
 15.7   during the preceding four years and shall change the status of 
 15.8   those registrants to "inactive" in the statewide registration 
 15.9   system.  The secretary of state shall also prepare a report to 
 15.10  the county auditor containing the names of all registrants whose 
 15.11  status was changed to "inactive." 
 15.12     Although not counted in an election, a late absentee ballot 
 15.13  must be considered a vote for the purpose of continuing 
 15.14  registration Registrants whose status was changed to "inactive" 
 15.15  must register in the manner specified in section 201.054 before 
 15.16  voting in any primary, special primary, general, school 
 15.17  district, or special election, as required by section 201.018.  
 15.18     Sec. 15.  Minnesota Statutes 2002, section 201.221, 
 15.19  subdivision 3, is amended to read: 
 15.20     Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
 15.21  secretary of state shall prescribe the form of polling place 
 15.22  rosters that include the voter's name, address, date of birth, 
 15.23  school district number, and space for the voter's signature.  
 15.24  The polling place roster must be used to indicate whether the 
 15.25  voter has voted in a given election.  The secretary of state 
 15.26  shall prescribe procedures for transporting the polling place 
 15.27  rosters to the election judges for use on election day.  The 
 15.28  secretary of state shall prescribe the form for a county or 
 15.29  municipality to request the date of birth from currently 
 15.30  registered voters.  The county or municipality shall not request 
 15.31  the date of birth from currently registered voters by any 
 15.32  communication other than the prescribed form and the form must 
 15.33  clearly indicate that a currently registered voter does not lose 
 15.34  registration status by failing to provide the date of birth.  In 
 15.35  accordance with section 204B.40, the county auditor shall retain 
 15.36  the prescribed polling place rosters used on the date of 
 16.1   election for one year 22 months following the election.  
 16.2      Sec. 16.  Minnesota Statutes 2002, section 201.275, is 
 16.3   amended to read: 
 16.4      201.275 [INVESTIGATIONS; PROSECUTIONS.] 
 16.5      A county attorney who is notified of an alleged violation 
 16.6   of this chapter shall promptly investigate.  If there is 
 16.7   probable cause for instituting a prosecution, the county 
 16.8   attorney shall proceed by complaint or present the charge, with 
 16.9   whatever evidence has been found, to the grand jury.  A county 
 16.10  attorney who refuses or intentionally fails to faithfully 
 16.11  perform this or any other duty imposed by this chapter is guilty 
 16.12  of a misdemeanor and upon conviction shall forfeit office.  The 
 16.13  county attorney, under the penalty of forfeiture of office, 
 16.14  shall prosecute all violations of this chapter except violations 
 16.15  of this section; if, however, a complainant withdraws an 
 16.16  allegation under this chapter, the county attorney is not 
 16.17  required to proceed with the prosecution.  After each state 
 16.18  general election, the county attorney shall report activities 
 16.19  under this section, if any, to the secretary of state. 
 16.20     Sec. 17.  Minnesota Statutes 2002, section 202A.14, 
 16.21  subdivision 3, is amended to read: 
 16.22     Subd. 3.  [NOTICE.] The county or legislative district 
 16.23  chair shall give at least six days' published notice of the 
 16.24  holding of the precinct caucus, stating the place, date, and 
 16.25  time for holding the caucus, and shall deliver the same 
 16.26  information to the municipal clerk and county auditor at least 
 16.27  20 days before the precinct caucus.  The county auditor shall 
 16.28  make this information available at least ten days before the 
 16.29  date of the caucuses to persons who request it.  
 16.30     Sec. 18.  Minnesota Statutes 2002, section 203B.085, is 
 16.31  amended to read: 
 16.32     203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL CLERK'S 
 16.33  OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 
 16.34     The county auditor's office in each county and the clerk's 
 16.35  office in each city or town authorized under section 203B.05 to 
 16.36  administer absentee balloting must be open for acceptance of 
 17.1   absentee ballot applications and casting of absentee ballots 
 17.2   from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on 
 17.3   Monday the day immediately preceding a primary, special, or 
 17.4   general election unless that day falls on a Saturday or Sunday.  
 17.5   Town clerks' offices must be open for absentee voting from 10:00 
 17.6   a.m. to 12:00 noon on the Saturday before a town general 
 17.7   election held in March.  The school district clerk, when 
 17.8   performing the county auditor's election duties, need not comply 
 17.9   with this section. 
 17.10     Sec. 19.  Minnesota Statutes 2002, section 203B.11, 
 17.11  subdivision 1, is amended to read: 
 17.12     Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
 17.13  who has authority under section 203B.05 to administer absentee 
 17.14  voting laws shall designate election judges to deliver absentee 
 17.15  ballots in accordance with this section.  The county auditor may 
 17.16  also designate election judges to perform the duties in this 
 17.17  section.  A ballot may be delivered only to an eligible voter 
 17.18  who is a temporary or permanent resident or patient in a health 
 17.19  care facility or hospital located in the municipality in which 
 17.20  the voter maintains residence.  If the eligible voter appears on 
 17.21  a list of residents of that institution that has been prepared 
 17.22  and certified by the chief administrator of that institution to 
 17.23  the municipal clerk or county auditor by the day before the 
 17.24  delivery of ballots, the proof of residency requirements of 
 17.25  section 201.061, subdivision 3, have been satisfied.  The 
 17.26  ballots shall be delivered by two election judges, each of whom 
 17.27  is affiliated with a different major political party.  When the 
 17.28  election judges deliver or return ballots as provided in this 
 17.29  section, they shall travel together in the same vehicle.  Both 
 17.30  election judges shall be present when an applicant completes the 
 17.31  certificate of eligibility and marks the absentee ballots, and 
 17.32  may assist an applicant as provided in section 204C.15.  The 
 17.33  election judges shall deposit the return envelopes containing 
 17.34  the marked absentee ballots in a sealed container and return 
 17.35  them to the clerk on the same day that they are delivered and 
 17.36  marked. 
 18.1      Sec. 20.  Minnesota Statutes 2002, section 203B.125, is 
 18.2   amended to read: 
 18.3      203B.125 [SECRETARY OF STATE TO MAKE RULES.] 
 18.4      Subdivision 1.  [AUTHORIZED RULEMAKING.] The secretary of 
 18.5   state shall adopt rules establishing methods and procedures for 
 18.6   issuing ballot cards and related absentee forms to be used as 
 18.7   provided in section 203B.08, subdivision 1a, and for the 
 18.8   reconciliation of voters and ballot cards before tabulation 
 18.9   under section 203B.12.  
 18.10     Subd. 2.  [EMERGENCY PROCEDURES.] The secretary of state 
 18.11  may designate alternate methods for handling absentee ballots 
 18.12  during periods of declared national or state emergency as 
 18.13  described by section 12.31.  This authority is exempt from the 
 18.14  requirements of chapter 14. 
 18.15     Sec. 21.  Minnesota Statutes 2002, section 204B.06, 
 18.16  subdivision 1, is amended to read: 
 18.17     Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
 18.18  candidacy shall state the name of the office sought and shall 
 18.19  state that the candidate:  
 18.20     (1) is an eligible voter; 
 18.21     (2) has no other affidavit on file as a candidate for any 
 18.22  office at the same primary or next ensuing general election, 
 18.23  except that a candidate for soil and water conservation district 
 18.24  supervisor in a district not located in whole or in part in 
 18.25  Anoka, Hennepin, Ramsey, or Washington county, may also have on 
 18.26  file an affidavit of candidacy for mayor or council member of a 
 18.27  statutory or home rule charter city of not more than 2,500 
 18.28  population contained in whole or in part in the soil and water 
 18.29  conservation district or for town supervisor in a town of not 
 18.30  more than 2,500 population contained in whole or in part in the 
 18.31  soil and water conservation district; and 
 18.32     (3) is, or will be on assuming the office, 21 years of age 
 18.33  or more, and will have maintained residence in the district from 
 18.34  which the candidate seeks election for 30 days before the 
 18.35  general election. 
 18.36     An affidavit of candidacy must include a statement that the 
 19.1   candidate's name as written on the affidavit for ballot 
 19.2   designation is the candidate's true name or the name by which 
 19.3   the candidate is commonly and generally known in the community. 
 19.4      An affidavit of candidacy for partisan office shall also 
 19.5   state the name of the candidate's political party or political 
 19.6   principle, stated in three words or less.  
 19.7      (b) This subdivision does not apply to a candidate 
 19.8   Candidates for president or vice-president of the United 
 19.9   States are not required to file an affidavit of candidacy for 
 19.10  office and this subdivision does not apply to those candidates. 
 19.11     Sec. 22.  Minnesota Statutes 2002, section 204B.07, 
 19.12  subdivision 2, is amended to read: 
 19.13     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 
 19.14  subdivision does not apply to candidates for presidential 
 19.15  elector nominated by major political parties.  Major party 
 19.16  candidates for presidential elector are certified under section 
 19.17  208.03.  Other presidential electors are nominated by petition 
 19.18  pursuant to this section.  On petitions nominating presidential 
 19.19  electors, the names of the candidates for president and 
 19.20  vice-president shall be added to the political party or 
 19.21  political principle stated on the petition.  One petition may be 
 19.22  filed to nominate a slate of presidential electors equal in 
 19.23  number to the number of electors to which the state is 
 19.24  entitled.  This subdivision does not apply to candidates for 
 19.25  presidential elector nominated by major political parties.  
 19.26  Major party candidates for presidential elector are certified 
 19.27  under section 208.03. 
 19.28     Sec. 23.  Minnesota Statutes 2002, section 204B.09, 
 19.29  subdivision 1, is amended to read: 
 19.30     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
 19.31  ELECTIONS.] (a) Except as otherwise provided by this 
 19.32  subdivision, affidavits of candidacy and nominating petitions 
 19.33  for county, state, and federal offices filled at the state 
 19.34  general election shall be filed not more than 70 days nor less 
 19.35  than 56 days before the state primary.  The affidavit may be 
 19.36  prepared and signed at any time between 60 days before the 
 20.1   filing period opens and the last day of the filing period. 
 20.2      (b) Notwithstanding other law to the contrary, the 
 20.3   affidavit of candidacy must be signed in the presence of a 
 20.4   notarial officer or an individual authorized to administer oaths 
 20.5   under section 358.10. 
 20.6      (c) This provision does not apply to candidates for 
 20.7   presidential elector nominated by major political parties.  
 20.8   Major party candidates for presidential elector are certified 
 20.9   under section 208.03.  Other candidates for presidential 
 20.10  electors may file petitions on or before the state primary day 
 20.11  pursuant to section 204B.07.  Nominating petitions to fill 
 20.12  vacancies in nominations shall be filed as provided in section 
 20.13  204B.13.  No affidavit or petition shall be accepted later than 
 20.14  5:00 p.m. on the last day for filing. 
 20.15     (d) Affidavits and petitions for offices to be voted on in 
 20.16  only one county shall be filed with the county auditor of that 
 20.17  county.  Affidavits and petitions for offices to be voted on in 
 20.18  more than one county shall be filed with the secretary of state. 
 20.19     Sec. 24.  Minnesota Statutes 2002, section 204B.09, 
 20.20  subdivision 3, is amended to read: 
 20.21     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
 20.22  or federal office who wants write-in votes for the candidate to 
 20.23  be counted must file a written request with the filing office 
 20.24  for the office sought no later than the fifth day before the 
 20.25  general election.  The filing officer shall provide copies of 
 20.26  the form to make the request.  
 20.27     (b) A candidate for president of the United States who 
 20.28  files a request under this subdivision must include the name of 
 20.29  a candidate for vice-president of the United States.  The 
 20.30  request must also include the name of at least one candidate for 
 20.31  presidential elector.  The total number of names of candidates 
 20.32  for presidential elector on the request may not exceed the total 
 20.33  number of electoral votes to be cast by Minnesota in the 
 20.34  presidential election. 
 20.35     (c) A candidate for governor who files a request under this 
 20.36  subdivision must include the name of a candidate for lieutenant 
 21.1   governor. 
 21.2      Sec. 25.  Minnesota Statutes 2002, section 204B.13, 
 21.3   subdivision 6, is amended to read: 
 21.4      Subd. 6.  [VACANCY AFTER DEADLINE.] If a candidate 
 21.5   withdraws after the 16th day before the general election but 
 21.6   before four seven days before the general election, the 
 21.7   secretary of state shall instruct the election judges to strike 
 21.8   the name of the withdrawn candidate from the general election 
 21.9   ballot and shall substitute no other candidate's name.  Filing 
 21.10  officers may not accept a nomination certificate for filing to 
 21.11  fill a vacancy in nomination resulting from the filing of an 
 21.12  affidavit of withdrawal by a candidate after the 14th day before 
 21.13  the general election.  Vacancies occurring through death or 
 21.14  catastrophic illness after the 16th day before the general 
 21.15  election are governed by section 204B.41. 
 21.16     Sec. 26.  Minnesota Statutes 2002, section 204B.14, 
 21.17  subdivision 2, is amended to read: 
 21.18     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
 21.19  The following shall constitute at least one election precinct:  
 21.20     (1) each city ward; and 
 21.21     (2) each town and each statutory city.  
 21.22     (b) A single, accessible, combined polling place may be 
 21.23  established no later than June 1 of any year: 
 21.24     (1) for any city of the third or fourth class, any town, or 
 21.25  any city having territory in more than one county, in which all 
 21.26  the voters of the city or town shall cast their ballots; 
 21.27     (2) for two contiguous precincts in the same municipality 
 21.28  that have if either of them has fewer than 100 registered voters 
 21.29  or if they have a combined total of fewer than 500 registered 
 21.30  voters; or 
 21.31     (3) for up to four contiguous municipalities located 
 21.32  entirely outside the metropolitan area, as defined by section 
 21.33  473.121, subdivision 2, that are contained in the same county. 
 21.34     A copy of the ordinance or resolution establishing a 
 21.35  combined polling place must be filed with the county auditor 
 21.36  within 30 days after approval by the governing body.  A polling 
 22.1   place combined under clause (3) must be approved by the 
 22.2   governing body of each participating municipality.  A 
 22.3   municipality withdrawing from participation in a combined 
 22.4   polling place must do so by filing a resolution of withdrawal 
 22.5   with the county auditor no later than May 1 of any year. 
 22.6      The secretary of state shall provide a separate polling 
 22.7   place roster for each precinct served by the combined polling 
 22.8   place.  A single set of election judges may be appointed to 
 22.9   serve at a combined polling place.  The number of election 
 22.10  judges required must be based on the total number of persons 
 22.11  voting at the last similar election in all precincts to be 
 22.12  voting at the combined polling place.  Separate ballot boxes 
 22.13  must be provided for the ballots from each precinct.  The 
 22.14  results of the election must be reported separately for each 
 22.15  precinct served by the combined polling place, except in a 
 22.16  polling place established under clause (2) where one of the 
 22.17  precincts has fewer than ten registered voters, in which case 
 22.18  the results of that precinct must be reported in the manner 
 22.19  specified by the secretary of state.  
 22.20     Sec. 27.  Minnesota Statutes 2002, section 204B.16, 
 22.21  subdivision 3, is amended to read: 
 22.22     Subd. 3.  [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 
 22.23  designation of a polling place pursuant to this section shall 
 22.24  remain effective until a different polling place is designated 
 22.25  for that precinct.  No designation of a new or different polling 
 22.26  place shall become effective less than 90 days prior to an 
 22.27  election, including school district elections or referenda, and 
 22.28  no polling place changes may occur during the period between the 
 22.29  state primary and the state general election, except that a new 
 22.30  polling place may be designated to replace a polling place that 
 22.31  has become unavailable for use.  
 22.32     Sec. 28.  Minnesota Statutes 2002, section 204B.18, 
 22.33  subdivision 1, is amended to read: 
 22.34     Subdivision 1.  [BOOTHS.] Each polling place must contain a 
 22.35  number of voting booths in proportion to the number of 
 22.36  individuals eligible to vote in the precinct.  Each booth must 
 23.1   be at least six feet high, three feet deep and two feet wide 
 23.2   with a shelf at least two feet long and one foot wide placed at 
 23.3   a convenient height for writing.  The booth shall be provided 
 23.4   with a door or curtains.  Each accessible polling place must 
 23.5   have at least one accessible voting booth or other accessible 
 23.6   voting station.  All booths or stations must be constructed so 
 23.7   that a voter is free from observation while marking ballots.  In 
 23.8   all other polling places every effort must be made to provide at 
 23.9   least one accessible voting booth or other accessible voting 
 23.10  station.  During the hours of voting, the booths or stations 
 23.11  must have instructions, a pencil, and other supplies needed to 
 23.12  mark the ballots.  If needed, a chair must be provided for 
 23.13  elderly and handicapped voters to use while voting.  All ballot 
 23.14  boxes, voting booths, voting stations, and election judges must 
 23.15  be in open public view in the polling place. 
 23.16     Sec. 29.  Minnesota Statutes 2002, section 204B.19, 
 23.17  subdivision 1, is amended to read: 
 23.18     Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
 23.19  JUDGES.] Except as provided in subdivision 6, any individual who 
 23.20  is eligible to vote in an election precinct this state is 
 23.21  qualified to be appointed as an election judge for that precinct 
 23.22  subject to this section.  If the files of the appointing 
 23.23  authority do not contain sufficient voters within a precinct who 
 23.24  are qualified and willing to serve as election judges, election 
 23.25  judges may be appointed who reside in another precinct in the 
 23.26  same municipality, or for school district elections, in the same 
 23.27  school district, whether or not the precinct where they reside 
 23.28  is in the same county as the precinct where they will serve.  If 
 23.29  there are not sufficient voters within the municipality or 
 23.30  school district who are qualified and willing to serve as 
 23.31  election judges, election judges may be appointed who reside in 
 23.32  the county where the precinct is located. 
 23.33     Sec. 30.  Minnesota Statutes 2002, section 204B.19, 
 23.34  subdivision 6, is amended to read: 
 23.35     Subd. 6.  [HIGH SCHOOL STUDENTS.] Notwithstanding any other 
 23.36  requirements of this section, a student enrolled in a high 
 24.1   school in Minnesota or who is in a homeschool in compliance with 
 24.2   sections 120A.22 and 120A.24, who has attained the age of 16 is 
 24.3   eligible to be appointed as a without party affiliation trainee 
 24.4   election judge in the county in which the student resides.  The 
 24.5   student must meet qualifications for trainee election judges 
 24.6   specified in rules of the secretary of state.  A student 
 24.7   appointed as a trainee election judge may be excused from school 
 24.8   attendance during the hours that the student is serving as a 
 24.9   trainee election judge if the student submits a written request 
 24.10  signed and approved by the student's parent or guardian to be 
 24.11  absent from school and a certificate from the appointing 
 24.12  authority stating the hours during which the student will serve 
 24.13  as a trainee election judge to the principal of the school at 
 24.14  least ten days prior to the election.  Students shall not serve 
 24.15  as trainee election judges after 10:00 p.m.  Notwithstanding 
 24.16  section 177.24 to the contrary, trainee election judges may be 
 24.17  paid not less than two-thirds of the minimum wage for a large 
 24.18  employer.  The principal of the school may approve a request to 
 24.19  be absent from school conditioned on acceptable academic 
 24.20  performance and the requirement that the student must have 
 24.21  completed or be enrolled in a course of study in government at 
 24.22  the time of service as a trainee election judge.  
 24.23     Sec. 31.  Minnesota Statutes 2002, section 204B.21, 
 24.24  subdivision 1, is amended to read: 
 24.25     Subdivision 1.  [APPOINTMENT LISTS; DUTIES OF POLITICAL 
 24.26  PARTIES AND COUNTY AUDITOR.] On July May 1 in a year in which 
 24.27  there is an election for a partisan political office, the county 
 24.28  or legislative district chairs of each major political party, 
 24.29  whichever is designated by the state party, shall prepare a list 
 24.30  of eligible voters to act who have stated in writing an interest 
 24.31  in seeking appointment as election judges in each election 
 24.32  precinct in the county or legislative district.  The chairs 
 24.33  shall furnish the lists to the county auditor of the county in 
 24.34  which the precinct is located.  
 24.35     By July May 15, the county auditor shall furnish to the 
 24.36  appointing authorities a list of the appropriate names for each 
 25.1   election precinct in the jurisdiction of the appointing 
 25.2   authority.  Separate lists shall be submitted by the county 
 25.3   auditor for each major political party.  
 25.4      Sec. 32.  Minnesota Statutes 2002, section 204B.21, 
 25.5   subdivision 2, is amended to read: 
 25.6      Subd. 2.  [APPOINTING AUTHORITY; POWERS AND DUTIES.] 
 25.7   Election judges for precincts in a municipality shall be 
 25.8   appointed by the governing body of the municipality.  Election 
 25.9   judges for precincts in unorganized territory and for performing 
 25.10  election-related duties assigned by the county auditor shall be 
 25.11  appointed by the county board.  Election judges for a precinct 
 25.12  composed of two or more municipalities must be appointed by the 
 25.13  governing body of the municipality or municipalities responsible 
 25.14  for appointing election judges as provided in the agreement to 
 25.15  combine for election purposes.  Appointments shall be made from 
 25.16  lists furnished pursuant to subdivision 1 subject to the 
 25.17  eligibility requirements and other qualifications established or 
 25.18  authorized under section 204B.19.  If no lists have been 
 25.19  furnished or if additional election judges are required after 
 25.20  all listed names have been exhausted, the appointing authority 
 25.21  may appoint any other individual to serve as an election judge 
 25.22  subject to the same requirements and qualifications.  The 
 25.23  appointments shall be made at least 25 days before the election 
 25.24  at which the election judges will serve.  The name and party 
 25.25  designation of election judges appointed for any election must 
 25.26  be made available to the public upon request and is public data, 
 25.27  notwithstanding section 13.43. 
 25.28     Sec. 33.  Minnesota Statutes 2002, section 204B.22, is 
 25.29  amended by adding a subdivision to read: 
 25.30     Subd. 4.  [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 
 25.31  MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 
 25.32  participation of election judge trainees must not be counted 
 25.33  toward satisfying any of the required numbers of election judges 
 25.34  in this chapter. 
 25.35     Sec. 34.  Minnesota Statutes 2002, section 204B.34, 
 25.36  subdivision 3, is amended to read: 
 26.1      Subd. 3.  [JUDICIAL ELECTIONS.] When one or more justices 
 26.2   of the supreme court or judges of the court of appeals or of a 
 26.3   district court are to be nominated at the same primary or 
 26.4   elected at the same general election, the notice of election 
 26.5   shall state the name of each justice or judge whose successor is 
 26.6   to be nominated or elected and the seat number assigned to each 
 26.7   office.  
 26.8      Sec. 35.  Minnesota Statutes 2002, section 204B.36, 
 26.9   subdivision 4, is amended to read: 
 26.10     Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
 26.11  contain the names of all candidates for each judicial office and 
 26.12  shall state the number of those candidates for whom a voter may 
 26.13  vote.  Each seat for an associate justice, associate judge, or 
 26.14  judge of the district court must be numbered.  The words 
 26.15  "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 
 26.16  COURT" must be printed above the respective judicial office 
 26.17  groups on the ballot.  The title of each judicial office shall 
 26.18  be printed on the official primary and general election ballot 
 26.19  as follows:  
 26.20     (a) In the case of the supreme court:  
 26.21     "Chief justice - supreme court"; 
 26.22     "Associate justice (number) - supreme court" 
 26.23     (b) In the case of the court of appeals:  
 26.24     "Judge (number) - court of appeals"; or 
 26.25     (c) In the case of the district court:  
 26.26     "Judge (number) - (number) district court." 
 26.27     Sec. 36.  Minnesota Statutes 2002, section 204B.41, is 
 26.28  amended to read: 
 26.29     204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
 26.30     When a vacancy in nomination occurs through the death or 
 26.31  catastrophic illness of a candidate after the 16th day before 
 26.32  the general election, the officer in charge of preparing the 
 26.33  ballots shall prepare and distribute a sufficient number of 
 26.34  separate paper ballots which shall be headed with the words 
 26.35  "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
 26.36  title of the office for which the vacancy in nomination has been 
 27.1   filled and the names of all the candidates nominated for that 
 27.2   office.  The ballot shall conform to the provisions governing 
 27.3   the printing of other official ballots as far as practicable.  
 27.4   The title of the office and the names of the candidates for that 
 27.5   office shall be blotted out or stricken from the regular ballots 
 27.6   by the election judges.  The official supplemental ballot shall 
 27.7   be given to each voter when the voter is given the regular 
 27.8   ballot or is directed to the voting machine.  Regular ballots 
 27.9   shall not be changed nor shall official supplemental ballots be 
 27.10  prepared as provided in this section during the three six 
 27.11  calendar days before an election.  Absentee ballots that have 
 27.12  been mailed prior to the preparation of official supplemental 
 27.13  ballots shall be counted in the same manner as if the vacancy 
 27.14  had not occurred.  Official supplemental ballots shall not be 
 27.15  mailed to absent voters to whom ballots were mailed before the 
 27.16  official supplemental ballots were prepared.  Both an official 
 27.17  supplemental ballot and a replacement regular ballot from which 
 27.18  the title of the office and names of the candidates for that 
 27.19  office have been blotted out or stricken as provided in this 
 27.20  section must be provided to each absentee voter or voter 
 27.21  residing in a precinct voting by mail who requests either of 
 27.22  them under section 203B.06, subdivision 3.  The election judges 
 27.23  conducting absentee voting in health care facilities as provided 
 27.24  in section 203B.11, subdivision 1, must deliver official 
 27.25  supplemental ballots and replacement regular ballots to those 
 27.26  facilities no later than 5:00 p.m. on the day before the 
 27.27  election. 
 27.28     Sec. 37.  Minnesota Statutes 2002, section 204C.06, is 
 27.29  amended by adding a subdivision to read: 
 27.30     Subd. 8.  [ACCESS FOR NEWS MEDIA.] The county auditor or 
 27.31  municipal or school district clerk or designee of any of these 
 27.32  may, by written authorization, permit news media representatives 
 27.33  to enter polling places for up to 15 minutes during voting hours 
 27.34  to observe the voting process.  A media representative must 
 27.35  present written authorization and a photo identification to the 
 27.36  head election judge upon arrival at the polling place and must 
 28.1   not otherwise: 
 28.2      (1) approach within six feet of an election judge or voter; 
 28.3      (2) converse with a voter while in the polling place; 
 28.4      (3) make a list of persons voting or not voting; 
 28.5      (4) interview a voter within the polling place; or 
 28.6      (5) photograph a voter who has not provided a signed 
 28.7   release to the media representative. 
 28.8      Sec. 38.  Minnesota Statutes 2002, section 204C.10, is 
 28.9   amended to read: 
 28.10     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
 28.11  REGISTRATION.] 
 28.12     (a) An individual seeking to vote shall sign a polling 
 28.13  place roster which states that the individual is at least 18 
 28.14  years of age, a citizen of the United States, has resided in 
 28.15  Minnesota for 20 days immediately preceding the election, 
 28.16  certifies residence at the address shown, is not under 
 28.17  guardianship of the person, has not been found by a court of law 
 28.18  to be legally incompetent to vote or convicted of a felony 
 28.19  without having civil rights restored, is registered and has not 
 28.20  already voted in the election.  The roster must also state:  "I 
 28.21  understand that giving false information is a felony punishable 
 28.22  by not more than five years imprisonment and a fine of not more 
 28.23  than $10,000 or both."  
 28.24     (b) A judge may shall, before the applicant signs the 
 28.25  roster, confirm the applicant's identity by requiring a picture 
 28.26  identification card or document issued by the United States or 
 28.27  Minnesota or an identification card issued by the tribal 
 28.28  government of a tribe recognized by the Bureau of Indian 
 28.29  Affairs, Department of the Interior, and may confirm the 
 28.30  applicant's name, address, and date of birth.  If an applicant 
 28.31  does not have a card or document described by this section, the 
 28.32  applicant may sign the roster after executing an affidavit 
 28.33  before the judge.  The affidavit must state: 
 28.34     (1) the name of the applicant; 
 28.35     (2) that the applicant does not have a picture 
 28.36  identification card or document issued by the United States or 
 29.1   Minnesota or an identification card issued by the tribal 
 29.2   government of a tribe recognized by the Bureau of Indian 
 29.3   Affairs, Department of the Interior, that contains the name, 
 29.4   address, signature, and picture of the applicant; and 
 29.5      (3) that the applicant swears or affirms that the applicant 
 29.6   is the same individual whose name is listed on the roster for 
 29.7   this precinct. 
 29.8      (c) After the applicant signs the roster, the judge shall 
 29.9   give the applicant a voter's receipt.  The voter shall deliver 
 29.10  the voter's receipt to the judge in charge of ballots as proof 
 29.11  of the voter's right to vote, and thereupon the judge shall hand 
 29.12  to the voter the ballot.  The voters' receipts must be 
 29.13  maintained during the time for notice of filing an election 
 29.14  contest. 
 29.15     Sec. 39.  Minnesota Statutes 2002, section 204C.12, 
 29.16  subdivision 4, is amended to read: 
 29.17     Subd. 4.  [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 
 29.18  PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A 
 29.19  challenged individual who is found to be ineligible to vote in 
 29.20  that precinct or who refuses to answer questions or sign a 
 29.21  polling place roster as required by this section must not be 
 29.22  allowed to vote and the county auditor must reclassify as 
 29.23  inactive the record of the challenged individual within 14 days 
 29.24  following the challenge.  A challenged individual who leaves the 
 29.25  polling place and returns later willing to answer questions or 
 29.26  sign a polling place roster must not be allowed to vote.  
 29.27     Sec. 40.  Minnesota Statutes 2002, section 204C.20, 
 29.28  subdivision 2, is amended to read: 
 29.29     Subd. 2.  [EXCESS BALLOTS.] If two or more ballots are 
 29.30  found folded together like a single ballot, the election judges 
 29.31  shall lay them aside until all the ballots in the box have been 
 29.32  counted.  If it is evident from the number of ballots to be 
 29.33  counted that the ballots folded together were cast by one voter, 
 29.34  the election judges shall preserve but not count them.  If the 
 29.35  number of ballots in one box exceeds the number to be counted, 
 29.36  the election judges shall examine all the ballots in the box to 
 30.1   ascertain that all are properly marked with the initials of the 
 30.2   election judges.  If any ballots are not properly marked with 
 30.3   the initials of the election judges, the election judges shall 
 30.4   preserve but not count them; however, if the number of ballots 
 30.5   does not exceed the number to be counted, the absence of either 
 30.6   or both sets of initials of the election judges does not, by 
 30.7   itself, disqualify the vote from being counted and must not be 
 30.8   the basis of a challenge in a recount.  If there is still an 
 30.9   excess of properly marked ballots, the election judges shall 
 30.10  replace them in the box, and one election judge, without 
 30.11  looking, shall withdraw from the box a number of ballots equal 
 30.12  to the excess.  The withdrawn ballots shall not be counted but 
 30.13  shall be preserved as provided in subdivision 4.  
 30.14     Sec. 41.  Minnesota Statutes 2002, section 204C.28, 
 30.15  subdivision 1, is amended to read: 
 30.16     Subdivision 1.  [COUNTY AUDITOR.] Every county auditor 
 30.17  shall remain at the auditor's office to receive delivery of the 
 30.18  returns, to permit public inspection of the summary statements, 
 30.19  and to tabulate the votes and to report the results by entry 
 30.20  into or transmission to the election night reporting system of 
 30.21  the secretary of state until all have been tabulated and the 
 30.22  results made known, or until 24 hours have elapsed since the end 
 30.23  of the hours for voting, whichever occurs first.  The county 
 30.24  auditor shall file all envelopes containing ballots in a safe 
 30.25  place with seals unbroken.  If the envelopes were previously 
 30.26  opened by proper authority for examination or recount, the 
 30.27  county auditor shall have the envelopes sealed again and signed 
 30.28  by the individuals who made the inspection or recount.  The 
 30.29  envelopes may be opened by the county canvassing board if 
 30.30  necessary to procure election returns that the election judges 
 30.31  inadvertently may have sealed in the envelopes with the 
 30.32  ballots.  In that case, the envelopes shall be sealed again and 
 30.33  signed in the same manner as otherwise provided in this 
 30.34  subdivision.  
 30.35     Sec. 42.  Minnesota Statutes 2002, section 204C.33, 
 30.36  subdivision 1, is amended to read: 
 31.1      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 31.2   board shall meet at the county auditor's office on or before the 
 31.3   seventh day following the state general election.  After taking 
 31.4   the oath of office, the board shall promptly and publicly 
 31.5   canvass the general election returns delivered to the county 
 31.6   auditor.  Upon completion of the canvass, the board shall 
 31.7   promptly prepare and file with the county auditor a report which 
 31.8   states:  
 31.9      (a) The number of individuals voting at the election in the 
 31.10  county and in each precinct; 
 31.11     (b) The number of individuals registering to vote on 
 31.12  election day and the number of individuals registered before 
 31.13  election day in each precinct; 
 31.14     (c) The names of the candidates for each office and the 
 31.15  number of votes received by each candidate in the county and in 
 31.16  each precinct, including write-in candidates for state and 
 31.17  federal office who have requested under section 204B.09 that 
 31.18  votes for those candidates be tallied; 
 31.19     (d) The number of votes counted for and against a proposed 
 31.20  change of county lines or county seat; and 
 31.21     (e) The number of votes counted for and against a 
 31.22  constitutional amendment or other question in the county and in 
 31.23  each precinct.  
 31.24     The result of write-in votes cast on the general election 
 31.25  ballots must be compiled by the county auditor before the county 
 31.26  canvass, except that write-in votes for a candidate for state or 
 31.27  federal office must not be counted unless the candidate has 
 31.28  timely filed a request under section 204B.09, subdivision 3.  
 31.29  The county auditor shall arrange for each municipality to 
 31.30  provide an adequate number of election judges to perform this 
 31.31  duty or the county auditor may appoint additional election 
 31.32  judges for this purpose.  The county auditor may open the 
 31.33  envelopes or containers in which the voted ballots have been 
 31.34  sealed in order to count and record the write-in votes and must 
 31.35  reseal the voted ballots at the conclusion of this process. 
 31.36     Upon completion of the canvass, the county canvassing board 
 32.1   shall declare the candidate duly elected who received the 
 32.2   highest number of votes for each county and state office voted 
 32.3   for only within the county.  The county auditor shall transmit 
 32.4   one of the certified copies of the county canvassing board 
 32.5   report for state and federal offices to the secretary of state 
 32.6   by express mail or similar service immediately upon conclusion 
 32.7   of the county canvass. 
 32.8      Sec. 43.  Minnesota Statutes 2002, section 204C.35, is 
 32.9   amended by adding a subdivision to read: 
 32.10     Subd. 3.  [SCOPE OF RECOUNT.] A recount conducted as 
 32.11  provided in this section is limited in scope to the 
 32.12  determination of the number of votes validly cast for the office 
 32.13  to be recounted.  Only the ballots cast in the election and the 
 32.14  summary statements certified by the election judges may be 
 32.15  considered in the recount process. 
 32.16     Sec. 44.  Minnesota Statutes 2002, section 204C.36, 
 32.17  subdivision 1, is amended to read: 
 32.18     Subdivision 1.  [REQUIRED AUTOMATIC RECOUNTS.] (a) Except 
 32.19  as provided in paragraph (b), a losing candidate for nomination 
 32.20  or election to a county, municipal, or school district office 
 32.21  may request a recount of the votes cast for the nomination or 
 32.22  election to that office if the difference between the vote cast 
 32.23  for that candidate and for a winning candidate for nomination or 
 32.24  election is less than one-half of one percent of the total votes 
 32.25  counted for that office.  In case of offices where two or more 
 32.26  seats are being filled from among all the candidates for the 
 32.27  office, the one-half of one percent difference is between the 
 32.28  elected candidate with the fewest votes and the candidate with 
 32.29  the most votes from among the candidates who were not elected.  
 32.30     (b) A losing candidate for nomination or election to a 
 32.31  county, municipal, or school district office may request a 
 32.32  recount of the votes cast for nomination or election to that 
 32.33  office if the difference between the vote cast for that 
 32.34  candidate and for a winning candidate for nomination or election 
 32.35  is ten votes or less, and the total number of votes cast for the 
 32.36  nomination or election of all candidates is no more than 400.  
 33.1   In cases of offices where two or more seats are being filled 
 33.2   from among all the candidates for the office, the ten vote 
 33.3   difference is between the elected candidate with the fewest 
 33.4   votes and the candidate with the most votes from among the 
 33.5   candidates who were not elected. 
 33.6      (c) Candidates for county offices shall file a written 
 33.7   request for the recount with the county auditor.  Candidates for 
 33.8   municipal or school district offices shall file a written 
 33.9   request with the municipal or school district clerk as 
 33.10  appropriate.  All requests shall be filed during the time for 
 33.11  notice of contest of the primary or election for which a recount 
 33.12  is sought.  
 33.13     (d) Upon receipt of a request made pursuant to this 
 33.14  section, the county auditor shall recount the votes for a county 
 33.15  office at the expense of the county, the governing body of the 
 33.16  municipality shall recount the votes for a municipal office at 
 33.17  the expense of the municipality, and the school board of the 
 33.18  school district shall recount the votes for a school district 
 33.19  office at the expense of the school district.  If the difference 
 33.20  between the votes cast for the candidates for nomination to a 
 33.21  county, municipal, or school district office: 
 33.22     (1) is less than one-half of one percent of the total 
 33.23  number of votes counted for that nomination; or 
 33.24     (2) is ten votes or less and the total number of votes cast 
 33.25  for that nomination is 400 votes or less, 
 33.26  and the difference determines the nomination, the canvassing 
 33.27  board with responsibility for declaring the results for that 
 33.28  office must recount the vote.  The scope of the recount is 
 33.29  solely to recount the votes counted on election day.  
 33.30     (b) In a general election, if the difference between the 
 33.31  votes of a candidate who would otherwise be declared elected to 
 33.32  a county, municipal, or school district office and the votes of 
 33.33  any other candidate for that office: 
 33.34     (1) is less than one-half of one percent of the total 
 33.35  number of votes counted for that office; or 
 33.36     (2) is ten votes or less if the total number of votes cast 
 34.1   for that office is 400 votes or less, 
 34.2   the canvassing board must recount the votes.  The scope of the 
 34.3   recount is solely to recount the votes counted on election day.  
 34.4      (c) In case of offices where two or more seats are being 
 34.5   filled from among all the candidates for the office, the 
 34.6   one-half of one percent difference is between the elected 
 34.7   candidate with the fewest votes and the candidate with the most 
 34.8   votes from among the candidates who were not elected.  In cases 
 34.9   of offices where two or more seats are being filled from among 
 34.10  all the candidates for the office, the ten vote difference is 
 34.11  between the elected candidate with the fewest votes and the 
 34.12  candidate with the most votes from among the candidates who were 
 34.13  not elected. 
 34.14     (d) A recount must not delay any other part of the 
 34.15  canvass.  The results of the recount must be certified by the 
 34.16  canvassing board as soon as possible. 
 34.17     (e) Time for notice of a contest for an office which is 
 34.18  recounted under this section begins to run on certification of 
 34.19  the results of the recount by the canvassing board. 
 34.20     (f) A losing candidate may waive a recount required under 
 34.21  this section by filing a written notice of waiver with the 
 34.22  canvassing board. 
 34.23     (g) The county auditor must recount the votes for a county 
 34.24  office at the expense of the county, the governing body of the 
 34.25  municipality must recount the votes for a municipal office at 
 34.26  the expense of the municipality, and the school board of the 
 34.27  school district must recount the votes for a school district 
 34.28  office at the expense of the school district. 
 34.29     Sec. 45.  Minnesota Statutes 2002, section 204C.36, 
 34.30  subdivision 3, is amended to read: 
 34.31     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] (a) A 
 34.32  recount may must be conducted for a ballot question when the 
 34.33  difference between the votes for and the votes against the 
 34.34  question is less than or equal to the difference provided in 
 34.35  subdivision 1.  The expenses for the recount must be paid for by 
 34.36  the political subdivision placing the question on the ballot. 
 35.1      (b) In other cases, a recount may be requested by any 
 35.2   person eligible to vote on the ballot question.  A written 
 35.3   request for a recount must be filed with the filing officer of 
 35.4   the county, municipality, or school district placing the 
 35.5   question on the ballot and must be accompanied by a petition 
 35.6   containing the signatures of 25 voters eligible to vote on the 
 35.7   question.  If the difference between the votes for and the votes 
 35.8   against the question is greater than the difference provided in 
 35.9   subdivision 1, The person requesting the recount shall also file 
 35.10  with the filing officer of the county, municipality, or school 
 35.11  district a bond, cash, or surety in an amount set by the 
 35.12  appropriate governing body for the payment of recount expenses.  
 35.13  The written request, petition, and any bond, cash, or surety 
 35.14  required must be filed during the time for notice of contest for 
 35.15  the election for which the recount is requested.  
 35.16     Sec. 46.  Minnesota Statutes 2002, section 204C.36, is 
 35.17  amended by adding a subdivision to read: 
 35.18     Subd. 6.  [SCOPE OF RECOUNT.] A recount conducted as 
 35.19  provided in this section is limited in scope to the 
 35.20  determination of the number of votes validly cast for the office 
 35.21  or question to be recounted.  Only the ballots cast in the 
 35.22  election and the summary statements certified by the election 
 35.23  judges may be considered in the recount process. 
 35.24     Sec. 47.  Minnesota Statutes 2002, section 204C.361, is 
 35.25  amended to read: 
 35.26     204C.361 [RULES FOR RECOUNTS.] 
 35.27     (a) The secretary of state shall adopt rules according to 
 35.28  the Administrative Procedure Act establishing uniform recount 
 35.29  procedures.  All recounts provided for by sections 204C.35, 
 35.30  204C.36, and 206.88, shall be conducted in accordance with these 
 35.31  rules.  
 35.32     (b) Notwithstanding Minnesota Rules, part 8235.0800, the 
 35.33  requirement that ballots be recounted by precinct means that a 
 35.34  recount official shall maintain the segregation of ballots by 
 35.35  precinct but the recount official may recount more than one 
 35.36  precinct at a time in physically separate locations within the 
 36.1   room in which the recount is administered. 
 36.2      Sec. 48.  [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 
 36.3      When an official supplemental ballot must be used in a 
 36.4   general election in accordance with section 204B.41, the 
 36.5   secretary of state shall supply each auditor with a copy of an 
 36.6   example supplemental ballot at least three days prior to the 
 36.7   election.  The example supplemental ballot must illustrate the 
 36.8   format required for the official supplemental ballot. 
 36.9      The county auditor shall distribute copies of the example 
 36.10  supplemental ballot to municipal and school district clerks in 
 36.11  municipalities and school districts holding elections that 
 36.12  year.  The official supplemental ballot must conform in all 
 36.13  respects to the example supplemental ballot.  Failure of the 
 36.14  official supplemental ballot to conform may be reported by any 
 36.15  person to the county attorney in the same manner as provided by 
 36.16  section 201.275. 
 36.17     Sec. 49.  Minnesota Statutes 2002, section 204D.27, 
 36.18  subdivision 11, is amended to read: 
 36.19     Subd. 11.  [CERTIFICATE OF LEGISLATIVE ELECTION.] A 
 36.20  certificate of election in a special election for state senator 
 36.21  or state representative shall be issued by the county auditor or 
 36.22  the secretary of state to the individual declared elected by the 
 36.23  county or state canvassing board two days, excluding Sundays and 
 36.24  legal holidays, after the appropriate canvassing board finishes 
 36.25  canvassing the returns for the election.  
 36.26     In case of a contest the certificate shall not be issued 
 36.27  until the district court determines the contest.  
 36.28     Sec. 50.  Minnesota Statutes 2002, section 205.02, 
 36.29  subdivision 1, is amended to read: 
 36.30     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
 36.31  expressly provided in this chapter by law, the provisions of the 
 36.32  Minnesota Election Law apply to municipal elections, so far as 
 36.33  practicable. 
 36.34     Sec. 51.  Minnesota Statutes 2002, section 205.075, is 
 36.35  amended by adding a subdivision to read: 
 36.36     Subd. 3.  [MORE THAN ONE SEAT TO BE FILLED AT ANY 
 37.1   ELECTION.] A candidate filing for town supervisor when more than 
 37.2   one seat is to be filled at an election held under subdivision 2 
 37.3   must designate when filing the specific seat which the candidate 
 37.4   is seeking. 
 37.5      Sec. 52.  Minnesota Statutes 2002, section 205.16, 
 37.6   subdivision 4, is amended to read: 
 37.7      Subd. 4.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
 37.8   every municipal election, the municipal clerk shall provide a 
 37.9   written notice to the county auditor, including the date of the 
 37.10  election, the offices to be voted on at the election, and the 
 37.11  title and language for each ballot question to be voted on at 
 37.12  the election. 
 37.13     Sec. 53.  Minnesota Statutes 2002, section 205.16, is 
 37.14  amended by adding a subdivision to read: 
 37.15     Subd. 5.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
 37.16  prior to every municipal election for which a notice is provided 
 37.17  to the county auditor under subdivision 4, the county auditor 
 37.18  shall provide a notice of the election to the secretary of 
 37.19  state, in a manner and including information prescribed by the 
 37.20  secretary of state. 
 37.21     Sec. 54.  Minnesota Statutes 2002, section 205.185, 
 37.22  subdivision 2, is amended to read: 
 37.23     Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
 37.24  be by secret ballot and shall be held and the returns made in 
 37.25  the manner provided for the state general election, so far as 
 37.26  practicable except as expressly provided by law. 
 37.27     Sec. 55.  Minnesota Statutes 2002, section 205.185, 
 37.28  subdivision 3, is amended to read: 
 37.29     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
 37.30  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
 37.31  the governing body of a city conducting any election including a 
 37.32  special municipal election, or the governing body of a town 
 37.33  conducting the general election in November shall act as the 
 37.34  canvassing board, canvass the returns, and declare the results 
 37.35  of the election.  The governing body of a town conducting the 
 37.36  general election in March shall act as the canvassing board, 
 38.1   canvass the returns, and declare the results of the election 
 38.2   within two days after an election.  
 38.3      (b) After the time for contesting elections has passed, the 
 38.4   municipal clerk shall issue a certificate of election to each 
 38.5   successful candidate.  In case of a contest, the certificate 
 38.6   shall not be issued until the outcome of the contest has been 
 38.7   determined by the proper court.  
 38.8      (c) In case of a tie vote, the governing body canvassing 
 38.9   board having jurisdiction over the municipality shall determine 
 38.10  the result by lot.  The clerk canvassing board shall certify the 
 38.11  results of the election to the county auditor, and the clerk 
 38.12  shall be the final custodian of the ballots and the returns of 
 38.13  the election. 
 38.14     Sec. 56.  Minnesota Statutes 2002, section 205A.02, is 
 38.15  amended to read: 
 38.16     205A.02 [ELECTION LAW APPLICABLE.] 
 38.17     Except as expressly provided in this chapter by law, the 
 38.18  Minnesota Election Law applies to school district elections, as 
 38.19  far as practicable.  Elections in common school districts shall 
 38.20  be governed by section 123B.94. 
 38.21     Sec. 57.  Minnesota Statutes 2002, section 205A.07, 
 38.22  subdivision 3, is amended to read: 
 38.23     Subd. 3.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
 38.24  every school district election, the school district clerk shall 
 38.25  provide a written notice to the county auditor of each county in 
 38.26  which the school district is located.  The notice must include 
 38.27  the date of the election, the offices to be voted on at the 
 38.28  election, and the title and language for each ballot question to 
 38.29  be voted on at the election.  For the purposes of meeting the 
 38.30  timelines of this section, in a bond election, a notice, 
 38.31  including a proposed question, may be provided to the county 
 38.32  auditor prior to receipt of a review and comment from the 
 38.33  commissioner of children, families, and learning and prior to 
 38.34  actual initiation of the election. 
 38.35     Sec. 58.  Minnesota Statutes 2002, section 205A.07, is 
 38.36  amended by adding a subdivision to read: 
 39.1      Subd. 3a.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
 39.2   prior to every school district election for which a notice is 
 39.3   provided to the county auditor under subdivision 3, the county 
 39.4   auditor shall provide a notice of the election to the secretary 
 39.5   of state, in a manner and including information prescribed by 
 39.6   the secretary of state. 
 39.7      Sec. 59.  Minnesota Statutes 2002, section 206.58, 
 39.8   subdivision 1, is amended to read: 
 39.9      Subdivision 1.  [MUNICIPALITIES.] The governing body of a 
 39.10  municipality, at a regular meeting or at a special meeting 
 39.11  called for the purpose, may provide for the use of an electronic 
 39.12  voting system in one or more precincts and at all elections in 
 39.13  the precincts, subject to approval by the county auditor.  If 
 39.14  the use of an electronic voting system is approved, only a 
 39.15  system approved by the secretary of state for standard and 
 39.16  uniform statewide use may be purchased, adopted, or used.  The 
 39.17  governing body shall disseminate information to the public about 
 39.18  the use of a new voting system at least 60 days prior to the 
 39.19  election and shall provide for instruction of voters with a 
 39.20  demonstration voting system in a public place for the six weeks 
 39.21  immediately prior to the first election at which the new voting 
 39.22  system will be used.  
 39.23     No system may be adopted or used unless it has been 
 39.24  approved by the secretary of state pursuant to section 206.57. 
 39.25     Sec. 60.  Minnesota Statutes 2002, section 206.81, is 
 39.26  amended to read: 
 39.27     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
 39.28     (a) The secretary of state may license an electronic voting 
 39.29  system for experimental use at an election prior to its approval 
 39.30  for general use. 
 39.31     (b) The secretary of state must license one or more 
 39.32  touch-sensitive direct recording electronic voting systems for 
 39.33  experimental use at an election before their approval for 
 39.34  general use and may impose restrictions on their use.  At least 
 39.35  one voting system licensed under this paragraph must permit 
 39.36  sighted persons to vote and at least one system must permit a 
 40.1   blind or visually impaired voter to cast a ballot independently 
 40.2   and privately.  The secretary of state must not adopt any direct 
 40.3   electronic recording voting system inconsistent with section 
 40.4   301(a)(2) of the Help America Vote Act of 2002, Public Law 
 40.5   107-252.  The secretary of state may experimentally use the 
 40.6   system at any election held at the same time as the state 
 40.7   primary or general election or at any municipal election. 
 40.8      (c) Experimental use must be observed by the secretary of 
 40.9   state or the secretary's designee and the results observed must 
 40.10  be considered at any subsequent proceedings for approval for 
 40.11  general use. 
 40.12     (d) The secretary of state may adopt rules consistent with 
 40.13  sections 206.55 to 206.90 relating to experimental use.  The 
 40.14  extent of experimental use must be determined by the secretary 
 40.15  of state. 
 40.16     Sec. 61.  Minnesota Statutes 2002, section 206.90, 
 40.17  subdivision 6, is amended to read: 
 40.18     Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
 40.19  systems, a single ballot card on which all ballot information is 
 40.20  included must be printed in black ink on white colored material 
 40.21  except that marks not to be read by the automatic tabulating 
 40.22  equipment may be printed in another color ink.  
 40.23     On the front of the ballot must be printed the words 
 40.24  "Official Ballot" and the date of the election and lines for the 
 40.25  initials of at least two election judges. 
 40.26     When optical scan ballots are used, the offices to be 
 40.27  elected must appear in the following order:  federal offices; 
 40.28  state legislative offices; constitutional offices; proposed 
 40.29  constitutional amendments; county offices and questions; 
 40.30  municipal offices and questions; school district offices and 
 40.31  questions; special district offices and questions; and judicial 
 40.32  offices. 
 40.33     On optical scan ballots, the names of candidates and the 
 40.34  words "yes" and "no" for ballot questions must be printed as 
 40.35  close to their corresponding vote targets as possible. 
 40.36     The line on an optical scan ballot for write-in votes must 
 41.1   contain the words "write-in, if any." 
 41.2      If a primary ballot contains both a partisan ballot and a 
 41.3   nonpartisan ballot, the instructions to voters must include a 
 41.4   statement that reads substantially as follows:  "THIS BALLOT 
 41.5   CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON 
 41.6   THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 
 41.7   ONE POLITICAL PARTY ONLY."  If a primary ballot contains 
 41.8   political party columns on both sides of the ballot, the 
 41.9   instructions to voters must include a statement that reads 
 41.10  substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE 
 41.11  PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE 
 41.12  POLITICAL PARTY ONLY."  At the bottom of each political party 
 41.13  column on the primary ballot, the ballot must contain a 
 41.14  statement that reads substantially as follows:  "CONTINUE VOTING 
 41.15  ON THE NONPARTISAN BALLOT."  The instructions in section 
 41.16  204D.08, subdivision 4, do not apply to optical scan partisan 
 41.17  primary ballots. 
 41.18     Sec. 62.  Minnesota Statutes 2002, section 211A.02, is 
 41.19  amended by adding a subdivision to read: 
 41.20     Subd. 5.  [ELECTRONIC REPORTING.] The reports required by 
 41.21  this section may be filed electronically, subject to the 
 41.22  approval of the filing officer. 
 41.23     Sec. 63.  Minnesota Statutes 2002, section 351.01, 
 41.24  subdivision 4, is amended to read: 
 41.25     Subd. 4.  [WITHDRAWAL OF RESIGNATION.] A prospective 
 41.26  resignation permitted by subdivision 3 may only be withdrawn by 
 41.27  a written statement signed by the officer and submitted in the 
 41.28  same manner as the resignation, and may only be withdrawn before 
 41.29  it has been accepted by resolution of the body or board 
 41.30  or before a written acceptance of the resignation by an officer 
 41.31  authorized to receive it. 
 41.32     Sec. 64.  Minnesota Statutes 2002, section 365.51, 
 41.33  subdivision 3, is amended to read: 
 41.34     Subd. 3.  [OFFICERS; OTHER BUSINESS.] An annual town 
 41.35  election shall be held on the same day as the annual town 
 41.36  meeting to elect all town officers required by law to be elected 
 42.1   and to consider ballot questions, except as provided in section 
 42.2   205.075, subdivision 2.  Other town business shall be conducted 
 42.3   at the town meeting as provided by law.  
 42.4      Sec. 65.  Minnesota Statutes 2002, section 367.12, is 
 42.5   amended to read: 
 42.6      367.12 [DEPUTY CLERK.] 
 42.7      Each town clerk may appoint a deputy, for whose acts the 
 42.8   clerk shall be responsible, and who, in the clerk's absence or 
 42.9   disability, shall perform the clerk's duties.  If a town clerk 
 42.10  has not appointed a deputy, the town treasurer shall perform the 
 42.11  duties of the clerk relating to receiving candidate filings when 
 42.12  the clerk is absent. 
 42.13     Sec. 66.  Minnesota Statutes 2002, section 414.041, 
 42.14  subdivision 1, is amended to read: 
 42.15     Subdivision 1.  [INITIATING THE PROCEEDING.] (a) Two or 
 42.16  more municipalities may be the subject of a single proceeding 
 42.17  provided that each municipality abuts at least one of the 
 42.18  included municipalities.  
 42.19     (b) The proceeding shall be initiated in one of the 
 42.20  following ways:  
 42.21     (1) submitting to the director a resolution of the city 
 42.22  council of each affected municipality; 
 42.23     (2) submitting to the director a petition signed by a 
 42.24  number of residents eligible to vote equivalent to five percent 
 42.25  or more of the resident voters of a municipality who voted for 
 42.26  governor at the last general election; or 
 42.27     (3) by the director.  
 42.28     (c) The petition or resolution shall set forth the 
 42.29  following information about each included municipality:  name, 
 42.30  description of boundaries, the reasons for requesting the 
 42.31  consolidation and the names of all parties entitled to mailed 
 42.32  notice under section 414.09.  
 42.33     (d) The party initiating the proceeding shall serve copies 
 42.34  of the petition or resolution on all of the included 
 42.35  municipalities.  
 42.36     Sec. 67.  Minnesota Statutes 2002, section 447.32, 
 43.1   subdivision 3, is amended to read: 
 43.2      Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
 43.3   first day to file affidavits of candidacy, the clerk of the 
 43.4   district shall publish a notice stating the first and last day 
 43.5   on which affidavits of candidacy may be filed, the places for 
 43.6   filing the affidavits and the closing time of the last day for 
 43.7   filing.  The clerk shall post a similar notice in at least one 
 43.8   conspicuous place in each city and town in the district at least 
 43.9   ten days before the first day to file affidavits of candidacy. 
 43.10     At least 53 days prior to every hospital district election, 
 43.11  the hospital district clerk shall provide a written notice to 
 43.12  the county auditor of each county in which the hospital district 
 43.13  is located.  The notice must include the date of the election, 
 43.14  the offices to be voted on at the election, and the title and 
 43.15  language for each ballot question to be voted on at the 
 43.16  election.  At least 46 days before a hospital district election 
 43.17  for which a notice is provided to the county auditor under this 
 43.18  subdivision, the county auditor shall provide a notice to the 
 43.19  secretary of state, in a manner and including information 
 43.20  prescribed by the secretary of state.  
 43.21     The notice of each election must be posted in at least one 
 43.22  public and conspicuous place within each city and town included 
 43.23  in the district at least ten days before the election.  It must 
 43.24  be published in the official newspaper of the district or, if a 
 43.25  paper has not been designated, in a legal newspaper having 
 43.26  general circulation within the district, at least two weeks 
 43.27  before the election.  Failure to give notice does not invalidate 
 43.28  the election of an officer of the district.  A voter may contest 
 43.29  a hospital district election in accordance with chapter 209.  
 43.30  Chapter 209 applies to hospital district elections. 
 43.31     Sec. 68.  Minnesota Statutes 2002, section 447.32, 
 43.32  subdivision 4, is amended to read: 
 43.33     Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
 43.34  person who wants to be a candidate for the hospital board shall 
 43.35  file an affidavit of candidacy for the election either as member 
 43.36  at large or as a member representing the city or town where the 
 44.1   candidate resides.  The affidavit of candidacy must be filed 
 44.2   with the city or town clerk not more than ten weeks nor less 
 44.3   than eight weeks before the Tuesday after the second Monday in 
 44.4   September of the year in which the general election is held.  
 44.5   The city or town clerk must forward the affidavits of candidacy 
 44.6   to the clerk of the hospital district or, for the first 
 44.7   election, the clerk of the most populous city or town 
 44.8   immediately after the last day of the filing period.  A 
 44.9   candidate may withdraw from the election by filing an affidavit 
 44.10  of withdrawal with the clerk of the district no later than 5:00 
 44.11  p.m. two days after the last day to file affidavits of candidacy.
 44.12     Voting must be by secret ballot.  The clerk shall prepare, 
 44.13  at the expense of the district, necessary ballots for the 
 44.14  election of officers.  Ballots must be printed on tan paper and 
 44.15  prepared as provided in the rules of the secretary of state.  
 44.16  The ballots must be marked and initialed by at least two judges 
 44.17  as official ballots and used exclusively at the election.  Any 
 44.18  proposition to be voted on may be printed on the ballot provided 
 44.19  for the election of officers.  The hospital board may also 
 44.20  authorize the use of voting systems subject to chapter 206.  
 44.21  Enough election judges may be appointed to receive the votes at 
 44.22  each polling place.  The election judges shall act as clerks of 
 44.23  election, count the ballots cast, and submit them to the board 
 44.24  for canvass.  
 44.25     After canvassing the election, the board shall issue a 
 44.26  certificate of election to the candidate who received the 
 44.27  largest number of votes cast for each office.  The clerk shall 
 44.28  deliver the certificate to the person entitled to it in person 
 44.29  or by certified mail.  Each person certified shall file an 
 44.30  acceptance and oath of office in writing with the clerk within 
 44.31  30 days after the date of delivery or mailing of the 
 44.32  certificate.  The board may fill any office as provided in 
 44.33  subdivision 1 if the person elected fails to qualify within 30 
 44.34  days, but qualification is effective if made before the board 
 44.35  acts to fill the vacancy. 
 44.36     Sec. 69.  [EMERGENCY PROCEDURES.] 
 45.1      The secretary of state shall develop alternate methods for 
 45.2   handling absentee ballots during periods of declared national or 
 45.3   state emergency as described by Minnesota Statutes, section 
 45.4   12.31, and shall report to the legislature on the methods by 
 45.5   January 15, 2004. 
 45.6      Sec. 70.  [EFFECTIVE DATE.] 
 45.7      2003 Senate File No. 112, article 2, sections 2 and 3, are 
 45.8   effective August 1, 2004.  This provision supersedes any 
 45.9   inconsistent provision of S. F. No. 112 or other law regardless 
 45.10  of the order of enactment of this provision and such 
 45.11  inconsistent provision of S. F. No. 112 or other law.