HF 1214

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; clarifying certain language; 
  1.3             changing certain requirements and procedures; amending 
  1.4             Minnesota Statutes 2000, sections 103C.311, 
  1.5             subdivision 1; 201.022; 201.091, subdivision 4; 
  1.6             202A.19, subdivision 1; 203B.04, subdivision 5; 
  1.7             203B.06, by adding a subdivision; 203B.11, by adding a 
  1.8             subdivision; 204B.06, subdivision 1; 204B.07, 
  1.9             subdivision 2; 204B.09, subdivisions 1 and 3; 204B.20; 
  1.10            204B.22, subdivision 1; 204B.23; 204B.28, subdivision 
  1.11            1; 204B.29, subdivision 1; 204B.45, subdivision 2; 
  1.12            204B.46; 204C.03, subdivision 1; 204C.04, subdivision 
  1.13            1; 204D.04, subdivision 2; 204D.09; 204D.24, 
  1.14            subdivision 2; 205.02, subdivision 1; 205.13, 
  1.15            subdivision 1a; 205.17, by adding a subdivision; 
  1.16            205.185, subdivisions 2 and 3; 205A.02; 205A.11, 
  1.17            subdivision 2; 206.81; 211A.02, subdivisions 1 and 4; 
  1.18            358.10; and 367.03, subdivision 6; proposing coding 
  1.19            for new law in Minnesota Statutes, chapters 5; 200; 
  1.20            and 201; repealing Minnesota Statutes 2000, section 
  1.21            204B.06, subdivision 1a; Minnesota Rules, part 
  1.22            8250.1400. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  [5.31] [RECOUNTS; ELECTION CONTESTS.] 
  1.25     The secretary of state shall not participate, other than as 
  1.26  a party, in a recount or election contest for an office for 
  1.27  which the secretary of state is a candidate.  The governor shall 
  1.28  appoint a person not interested in the outcome of the recount or 
  1.29  election contest to perform the duties of the secretary of state 
  1.30  in the recount or contest. 
  1.31     Sec. 2.  Minnesota Statutes 2000, section 103C.311, 
  1.32  subdivision 1, is amended to read: 
  1.33     Subdivision 1.  [SUPERVISORS ELECTED AT LARGE.] (a) The 
  1.34  district board, after the initial election has been held, shall, 
  2.1   with the approval of the state board, divide a district into 
  2.2   five supervisor districts for purposes of nomination for 
  2.3   election.  At each election after the division, one or more 
  2.4   supervisors shall be nominated from each supervisor district.  A 
  2.5   supervisor must be a resident of the supervisor district to be 
  2.6   elected. 
  2.7      (b) If the boundary of a soil and water conservation 
  2.8   district has been substantially changed by a division of the 
  2.9   district, the district shall be divided into five supervisor 
  2.10  districts for nomination purposes.  
  2.11     (c) This subdivision does not disqualify a supervisor 
  2.12  during the term for which the supervisor was elected or 
  2.13  nominated for election.  Supervisors nominated from the 
  2.14  supervisor districts shall be included on the ballot for 
  2.15  election from the entire area included in the soil and water 
  2.16  conservation district.  
  2.17     (d) A certified copy of the minutes or the resolution of 
  2.18  the supervisors establishing supervisor districts must be 
  2.19  promptly filed by the chair of the district board with the 
  2.20  county auditor of the counties where the district is located and 
  2.21  with the state board. 
  2.22     Sec. 3.  [200.039] [PETITION REQUIREMENTS FOR BALLOT 
  2.23  QUESTIONS.] 
  2.24     If a statute: 
  2.25     (1) provides that a ballot question may or must be placed 
  2.26  on the ballot when a specified number of individuals have signed 
  2.27  a petition, and 
  2.28     (2) specifies the number of individuals required under the 
  2.29  statute as a percentage of the individuals who voted in a 
  2.30  previous election, 
  2.31  the statute must be construed to mean that the petition must be 
  2.32  signed by a number of current voters equal to the required 
  2.33  percentage specified in the statute.  The statute must not be 
  2.34  construed to restrict the eligibility to sign the petition to 
  2.35  only those individuals who were eligible to cast ballots or who 
  2.36  did cast ballots in the previous election. 
  3.1      Sec. 4.  Minnesota Statutes 2000, section 201.022, is 
  3.2   amended to read: 
  3.3      201.022 [STATEWIDE REGISTRATION SYSTEM.] 
  3.4      Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
  3.5   shall develop and implement maintain a statewide voter 
  3.6   registration system to facilitate voter registration and to 
  3.7   provide a central database containing voter registration 
  3.8   information from around the state.  The system must be 
  3.9   accessible to the county auditor of each county in the state.  
  3.10     Subd. 2.  [RULES.] The secretary of state shall make 
  3.11  permanent rules necessary to administer the system required in 
  3.12  subdivision 1.  The rules must at least:  
  3.13     (1) provide for voters to submit their registration to any 
  3.14  county auditor, the secretary of state, or the department of 
  3.15  public safety; 
  3.16     (2) provide for the establishment and maintenance of a 
  3.17  central database for all voter registration information; 
  3.18     (3) provide procedures for entering data into the statewide 
  3.19  registration system; 
  3.20     (4) provide for interaction with the computerized driver's 
  3.21  license records of the department of public safety; 
  3.22     (5) allow the offices of all county auditors and the 
  3.23  secretary of state to add, modify, and delete information from 
  3.24  the system to provide for accurate and up-to-date records; 
  3.25     (6) allow the offices of all county auditors and the 
  3.26  secretary of state's office to have access to the statewide 
  3.27  registration system for review and search capabilities; 
  3.28     (7) provide security and protection of all information in 
  3.29  the statewide registration system and to ensure that 
  3.30  unauthorized entry is not allowed; 
  3.31     (8) provide a system for each county to identify the 
  3.32  precinct to which a voter should be assigned for voting 
  3.33  purposes; and 
  3.34     (9) prescribe a procedure for phasing in or converting 
  3.35  existing computerized records to the statewide registration 
  3.36  system; 
  4.1      (10) prescribe a procedure for the return of completed 
  4.2   voter registration forms from the department of public safety to 
  4.3   the secretary of state or the county auditor; and. 
  4.4      (11) provide alternate procedures, effective until December 
  4.5   31, 1990, for updating voter records and producing polling place 
  4.6   rosters for counties.  The secretary of state shall determine no 
  4.7   later than June 1, 1990, whether these alternate procedures will 
  4.8   be required. 
  4.9      Sec. 5.  Minnesota Statutes 2000, section 201.091, 
  4.10  subdivision 4, is amended to read: 
  4.11     Subd. 4.  [PUBLIC INFORMATION LISTS.] (a) The county 
  4.12  auditor shall make available for inspection a public information 
  4.13  list which must contain the name, address, year of birth, and 
  4.14  voting history of each registered voter in the county.  The 
  4.15  telephone number must be included on the list if provided by the 
  4.16  voter.  The public information list may also include information 
  4.17  on voting districts.  The county auditor may adopt reasonable 
  4.18  rules governing access to the list. 
  4.19     (b) No individual inspecting the public information list 
  4.20  shall tamper with or alter it in any manner.  No individual who 
  4.21  inspects the public information list or who acquires a list of 
  4.22  registered voters prepared from the public information list may 
  4.23  use any information contained in the list for purposes unrelated 
  4.24  to elections, political activities, or law enforcement.  The 
  4.25  secretary of state may provide copies of the public information 
  4.26  lists and other information from the statewide registration 
  4.27  system for uses related to elections, political activities, or 
  4.28  in response to a law enforcement inquiry from a public official 
  4.29  concerning a failure to comply with any criminal statute or any 
  4.30  state or local tax statute. 
  4.31     (c) Before inspecting the public information list or 
  4.32  obtaining a list of voters or other information from the list, 
  4.33  the individual shall provide identification to the public 
  4.34  official having custody of the public information list and shall 
  4.35  state in writing that any information obtained from the list 
  4.36  will not be used for purposes unrelated to elections, political 
  5.1   activities, or law enforcement.  Requests to examine or obtain 
  5.2   information from the public information lists or the statewide 
  5.3   registration system must be made and processed in the manner 
  5.4   provided in the rules of the secretary of state. 
  5.5      (d) Upon receipt of a written request and a copy of the 
  5.6   court order, the secretary of state may withhold from the public 
  5.7   information list the name of any registered voter placed under 
  5.8   court-ordered protection. 
  5.9      (e) The inspection and copying of a roster signed by voters 
  5.10  at a precinct on election day must be conducted in the same 
  5.11  manner as the inspection and copying of a public information 
  5.12  list under this section. 
  5.13     Sec. 6.  [201.163] [DUTIES OF LOCAL JURISDICTIONS.] 
  5.14     (a) If a political subdivision conducts an election at 
  5.15  which a vacant office is to be filled or a ballot question is to 
  5.16  be voted upon by the voters of the political subdivision, the 
  5.17  political subdivision shall file a written notice of the 
  5.18  election with the county auditor of each county in which the 
  5.19  election is to be conducted.  The notice must be filed at least 
  5.20  49 days before the date of the election or in accordance with 
  5.21  section 205.16 or 205A.07, if the political subdivision is a 
  5.22  municipality or a school district. 
  5.23     (b) The county auditor must file a notice with the 
  5.24  secretary of state immediately after the notice of the election 
  5.25  is filed with the auditor under section 205.16, subdivision 4, 
  5.26  or 205A.07, subdivision 3, or notice of the election is filed 
  5.27  with the county auditor by any political subdivision other than 
  5.28  a municipality or school district.  The notice must set forth 
  5.29  the name of the political subdivision, the date of the election, 
  5.30  the vacant offices to be filled, or the text of the ballot 
  5.31  question as the question will appear on the ballot. 
  5.32     [EFFECTIVE DATE.] This section is effective July 1, 2001. 
  5.33     Sec. 7.  Minnesota Statutes 2000, section 202A.19, 
  5.34  subdivision 1, is amended to read: 
  5.35     Subdivision 1.  [LIMITS ON LOCAL GOVERNMENT MEETINGS.] 
  5.36  No special taxing district governing body, school board, county 
  6.1   board of commissioners, township board, or city council may 
  6.2   conduct a meeting after 6:00 p.m. on the day of a major 
  6.3   political party precinct caucus.  As used in this subdivision, 
  6.4   "special taxing district" has the meaning given in section 
  6.5   275.066. 
  6.6      Sec. 8.  Minnesota Statutes 2000, section 203B.04, 
  6.7   subdivision 5, is amended to read: 
  6.8      Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] (a) An 
  6.9   eligible voter who reasonably expects to be permanently unable 
  6.10  to go to the polling place on election day because of illness or 
  6.11  disability may apply to a county auditor or municipal clerk 
  6.12  under this section to automatically receive an absentee ballot 
  6.13  application before each election, other than an election by mail 
  6.14  conducted under section 204B.45, and to have the status as a 
  6.15  permanent absentee voter indicated on the voter's registration 
  6.16  record. 
  6.17     (b) The secretary of state shall adopt rules governing 
  6.18  procedures under this subdivision. 
  6.19     Sec. 9.  Minnesota Statutes 2000, section 203B.06, is 
  6.20  amended by adding a subdivision to read: 
  6.21     Subd. 3a.  [UNOFFICIAL BALLOTS.] If no official ballots are 
  6.22  ready at the time absentee balloting is scheduled to begin or 
  6.23  the supply is exhausted before absentee balloting ends, the 
  6.24  county auditor or municipal clerk shall prepare unofficial 
  6.25  ballots, printed or written as nearly as practicable in the form 
  6.26  of the official ballots.  These ballots may be used until the 
  6.27  official ballots are available. 
  6.28     Sec. 10.  Minnesota Statutes 2000, section 203B.11, is 
  6.29  amended by adding a subdivision to read: 
  6.30     Subd. 5.  [STUDY REGARDING VOTER PRIVACY.] The secretary of 
  6.31  state shall conduct a study regarding procedures to ensure the 
  6.32  privacy of voters in health care facilities while voting.  No 
  6.33  later than December 31, 2002, the secretary of state shall file 
  6.34  a report with the legislature setting forth the findings and 
  6.35  recommendations of the secretary. 
  6.36     Sec. 11.  Minnesota Statutes 2000, section 204B.06, 
  7.1   subdivision 1, is amended to read: 
  7.2      Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
  7.3   candidacy shall state the name of the office sought and shall 
  7.4   state that the candidate:  
  7.5      (a) (1) is an eligible voter; 
  7.6      (b) (2) has no other affidavit on file as a candidate for 
  7.7   any office at the same primary or next ensuing general election, 
  7.8   except that a candidate for soil and water conservation district 
  7.9   supervisor in a district not located in whole or in part in 
  7.10  Anoka, Hennepin, Ramsey, or Washington county, may also have on 
  7.11  file an affidavit of candidacy for mayor or council member of a 
  7.12  statutory or home rule charter city of not more than 2,500 
  7.13  population contained in whole or in part in the soil and water 
  7.14  conservation district or for town supervisor in a town of not 
  7.15  more than 2,500 population contained in whole or in part in the 
  7.16  soil and water conservation district; and 
  7.17     (c) (3) is, or will be on assuming the office, 21 years of 
  7.18  age or more, and will have maintained residence in the district 
  7.19  from which the candidate seeks election for 30 days before the 
  7.20  general election. 
  7.21     An affidavit of candidacy must include a statement that the 
  7.22  candidate's name as written on the affidavit for ballot 
  7.23  designation is the candidate's true name or the name by which 
  7.24  the candidate is commonly and generally known in the community. 
  7.25     An affidavit of candidacy for partisan office shall also 
  7.26  state the name of the candidate's political party or political 
  7.27  principle, stated in three words or less.  
  7.28     (b) This subdivision does not apply to a candidate for 
  7.29  president or vice-president of the United States. 
  7.30     Sec. 12.  Minnesota Statutes 2000, section 204B.07, 
  7.31  subdivision 2, is amended to read: 
  7.32     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] On 
  7.33  petitions nominating presidential electors, the names of the 
  7.34  candidates for president and vice-president shall be added to 
  7.35  the political party or political principle stated on the 
  7.36  petition.  One petition may be filed to nominate a slate of 
  8.1   presidential electors equal in number to the number of electors 
  8.2   to which the state is entitled.  This subdivision does not apply 
  8.3   to candidates for presidential elector nominated by major 
  8.4   political parties.  Major party candidates for presidential 
  8.5   elector are certified under section 208.03. 
  8.6      Sec. 13.  Minnesota Statutes 2000, section 204B.09, 
  8.7   subdivision 1, is amended to read: 
  8.8      Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  8.9   ELECTIONS.] (a) Except as otherwise provided by this 
  8.10  subdivision, affidavits of candidacy and nominating petitions 
  8.11  for county, state, and federal offices filled at the state 
  8.12  general election shall be filed not more than 70 days nor less 
  8.13  than 56 days before the state primary.  The affidavit may be 
  8.14  prepared and signed at any time between 60 days before the 
  8.15  filing period opens and the last day of the filing period. 
  8.16     (b) Notwithstanding other law to the contrary, the 
  8.17  affidavit of candidacy must be signed in the presence of a 
  8.18  notarial officer or an individual authorized to administer oaths 
  8.19  under section 358.10. 
  8.20     (c) This provision does not apply to candidates for 
  8.21  presidential elector nominated by major political parties.  
  8.22  Major party candidates for presidential elector are certified 
  8.23  under section 208.03.  Other candidates for presidential 
  8.24  electors may file petitions on or before the state primary day.  
  8.25  Nominating petitions to fill vacancies in nominations shall be 
  8.26  filed as provided in section 204B.13.  No affidavit or petition 
  8.27  shall be accepted later than 5:00 p.m. on the last day for 
  8.28  filing. 
  8.29     (d) Affidavits and petitions for offices to be voted on in 
  8.30  only one county shall be filed with the county auditor of that 
  8.31  county.  Affidavits and petitions for offices to be voted on in 
  8.32  more than one county shall be filed with the secretary of state. 
  8.33     Sec. 14.  Minnesota Statutes 2000, section 204B.09, 
  8.34  subdivision 3, is amended to read: 
  8.35     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
  8.36  or federal office who wants write-in votes for the candidate to 
  9.1   be counted must file a written request with the filing office 
  9.2   for the office sought no later than the day before the general 
  9.3   election.  The filing officer shall provide copies of the form 
  9.4   to make the request.  
  9.5      (b) A candidate for president of the United States who 
  9.6   files a request under this subdivision must include the name of 
  9.7   a candidate for vice-president of the United States.  The 
  9.8   request must also include the name of at least one candidate for 
  9.9   presidential elector.  The total number of names of candidates 
  9.10  for presidential elector on the request may not exceed the total 
  9.11  number of electoral votes to be cast by Minnesota in the 
  9.12  presidential election. 
  9.13     (c) A candidate for governor who files a request under this 
  9.14  subdivision must include the name of a candidate for lieutenant 
  9.15  governor. 
  9.16     Sec. 15.  Minnesota Statutes 2000, section 204B.20, is 
  9.17  amended to read: 
  9.18     204B.20 [ELECTION BOARD; CHAIR HEAD ELECTION JUDGE; 
  9.19  DUTIES.] 
  9.20     The election judges appointed to serve in an election 
  9.21  precinct shall constitute the election board for that precinct.  
  9.22  The appointing authority shall designate one of the election 
  9.23  judges in each precinct to serve as the chair of the election 
  9.24  board head election judge.  The chair head election judge shall 
  9.25  assign specific duties to the election judges of that precinct 
  9.26  as necessary or convenient to complete forms, obtain signatures, 
  9.27  and perform all the other duties required of election judges.  
  9.28     Sec. 16.  Minnesota Statutes 2000, section 204B.22, 
  9.29  subdivision 1, is amended to read: 
  9.30     Subdivision 1.  [MINIMUM NUMBER REQUIRED.] (a) A minimum of 
  9.31  three election judges shall be appointed for each precinct.  In 
  9.32  a combined polling place under section 204B.14, subdivision 2, 
  9.33  at least one judge must be appointed from each municipality in 
  9.34  the combined polling place, provided that not less than three 
  9.35  judges shall be appointed for each combined polling place.  The 
  9.36  appointing authorities may appoint election judges for any 
 10.1   precinct in addition to the number required by this subdivision 
 10.2   including additional election judges to count ballots after 
 10.3   voting has ended. 
 10.4      (b) An election judge may serve for all or part of election 
 10.5   day, at the discretion of the appointing authority, as long as 
 10.6   the minimum number of judges required is always present.  The 
 10.7   head election judge designated under section 204B.20 must serve 
 10.8   for all of election day and be present in the polling place 
 10.9   unless another election judge has been designated by the head 
 10.10  election judge to perform the functions of the head election 
 10.11  judge during any absence. 
 10.12     Sec. 17.  Minnesota Statutes 2000, section 204B.23, is 
 10.13  amended to read: 
 10.14     204B.23 [VACANCIES AMONG ELECTION JUDGES.] 
 10.15     A vacancy on an election board occurs when any election 
 10.16  judge who is a member of that board:  
 10.17     (a) Fails to arrive at the polling place within 30 minutes 
 10.18  after the time when the polling place is scheduled to open; 
 10.19     (b) Becomes unable to perform the duties of the office 
 10.20  after assuming those duties; or 
 10.21     (c) For any reason fails or refuses to perform the duties 
 10.22  of the office as assigned by the chair of the election board 
 10.23  head election judge. 
 10.24     When a vacancy occurs, the remaining election judges of the 
 10.25  precinct shall elect an individual to fill the vacancy subject 
 10.26  to the provisions of section 204B.19.  When possible the 
 10.27  election judges shall elect individuals who have been trained as 
 10.28  election judges pursuant to section 204B.25.  The oath signed by 
 10.29  the new election judge shall indicate that the new election 
 10.30  judge was elected to fill a vacancy.  The municipal clerk may 
 10.31  assign election judges to fill vacancies as they occur. 
 10.32     Sec. 18.  Minnesota Statutes 2000, section 204B.28, 
 10.33  subdivision 1, is amended to read: 
 10.34     Subdivision 1.  [MEETING WITH ELECTION OFFICIALS.] At least 
 10.35  12 weeks before each regularly scheduled general election, each 
 10.36  county auditor shall conduct a meeting with local election 
 11.1   officials to review the procedures for the election.  The county 
 11.2   auditor may require the chairs of the election boards head 
 11.3   election judges in the county to attend this meeting. 
 11.4      Sec. 19.  Minnesota Statutes 2000, section 204B.29, 
 11.5   subdivision 1, is amended to read: 
 11.6      Subdivision 1.  [SECURING ELECTION MATERIALS.] Before 9:00 
 11.7   p.m. on the day preceding an election, at least one election 
 11.8   judge from each precinct in each municipality, or school 
 11.9   district if applicable, shall secure voter registration files, 
 11.10  ballots, forms, envelopes and other required supplies from the 
 11.11  municipal clerk, school district clerk, or other legal 
 11.12  custodian.  The election judge shall deliver the materials to 
 11.13  the polling place before the time when voting is scheduled to 
 11.14  begin on election day.  The county auditor shall send or deliver 
 11.15  the election supplies enumerated in this section to the election 
 11.16  judges in the precincts in unorganized territory.  The election 
 11.17  supplies may be sent by certified mail, parcel post, express 
 11.18  mail or any other postal service providing assured delivery by 
 11.19  no later than the day before the election.  If the election 
 11.20  supplies are delivered by any other means, they shall be 
 11.21  delivered by no later than the day before the election. 
 11.22     Each precinct shall be furnished with 100 ballots of each 
 11.23  kind for every 85 65 individuals who voted in that precinct at 
 11.24  the last election for the same office or on similar questions, 
 11.25  or with ballots of each kind in an amount at least ten 50 
 11.26  percent greater than the number of votes which are reasonably 
 11.27  expected to be cast in that precinct in that election taking 
 11.28  into account any new housing development, census numbers, or 
 11.29  other evidence of population growth, whichever supply of ballots 
 11.30  is greater.  No precinct shall be furnished with any ballots 
 11.31  containing the name of any candidate who cannot properly be 
 11.32  voted for in that precinct.  
 11.33     The election judges shall be responsible for the 
 11.34  preservation of all election materials received by them until 
 11.35  returned to the appropriate election officials after the voting 
 11.36  has ended. 
 12.1      Sec. 20.  Minnesota Statutes 2000, section 204B.45, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [PROCEDURE.] (a) The deadline established under 
 12.4   section 204B.16, subdivision 3, for designating a new or 
 12.5   different polling place applies to an election described by this 
 12.6   subdivision.  
 12.7      (b) Notice of the election and the special mail procedure 
 12.8   must be given at least six weeks prior to the election.  No 
 12.9   earlier than 20 days or later than 14 days prior to the 
 12.10  election, the auditor shall mail ballots by nonforwardable mail 
 12.11  to all voters registered in the town or unorganized territory.  
 12.12     (c) Eligible voters not registered at the time the ballots 
 12.13  are mailed may apply for ballots as provided in chapter 203B.  
 12.14     (d) Ballot return envelopes, with return postage provided, 
 12.15  must be preaddressed to the auditor or clerk and the voter may 
 12.16  return the ballot by mail or in person to the office of the 
 12.17  auditor or clerk.  The costs of the mailing shall be paid by the 
 12.18  election jurisdiction in which the voter resides.  
 12.19     (e) Any ballot received by 8:00 p.m. on the day of the 
 12.20  election must be counted.  
 12.21     Sec. 21.  Minnesota Statutes 2000, section 204B.46, is 
 12.22  amended to read: 
 12.23     204B.46 [MAIL ELECTIONS; QUESTIONS.] 
 12.24     A county, municipality, or school district submitting 
 12.25  questions to the voters at a special election may apply to the 
 12.26  county auditor for approval of an election by mail with no 
 12.27  polling place other than the office of the auditor or clerk.  No 
 12.28  more than two questions may be submitted at a mail election and 
 12.29  no offices may be voted on.  The deadline established under 
 12.30  section 204B.16, subdivision 3, for designating a new or 
 12.31  different polling place applies to an election described by this 
 12.32  section.  Notice of the election and the special mail procedure 
 12.33  must be given at least six weeks prior to the election.  No 
 12.34  earlier than 20 or later than 14 days prior to the election, the 
 12.35  auditor or clerk shall mail ballots by nonforwardable mail to 
 12.36  all voters registered in the county, municipality, or school 
 13.1   district.  Eligible voters not registered at the time the 
 13.2   ballots are mailed may apply for ballots pursuant to chapter 
 13.3   203B.  
 13.4      Sec. 22.  Minnesota Statutes 2000, section 204C.03, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [SCHOOL DISTRICTS; COUNTIES; 
 13.7   MUNICIPALITIES; SPECIAL TAXING DISTRICTS.] No special taxing 
 13.8   district governing body, school board, county board of 
 13.9   commissioners, city council, or town board of supervisors shall 
 13.10  conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day 
 13.11  that an election is held within the boundaries of the special 
 13.12  taxing district, school district, county, city, or town.  As 
 13.13  used in this subdivision, "special taxing district" has the 
 13.14  meaning given in section 275.066. 
 13.15     Sec. 23.  Minnesota Statutes 2000, section 204C.04, 
 13.16  subdivision 1, is amended to read: 
 13.17     Subdivision 1.  [RIGHT TO BE ABSENT.] Every employee and 
 13.18  student who is eligible to vote in an election has the right to 
 13.19  be absent from work or school for the purpose of voting during 
 13.20  the morning of the day of that election, without penalty or 
 13.21  deduction from salary or wages because of the absence; or in the 
 13.22  case of a student, without the absence being considered 
 13.23  truancy.  An employer or other person may not directly or 
 13.24  indirectly refuse, abridge, or interfere with this right or any 
 13.25  other election right of an employee or student. 
 13.26     Sec. 24.  Minnesota Statutes 2000, section 204D.04, 
 13.27  subdivision 2, is amended to read: 
 13.28     Subd. 2.  [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) 
 13.29  The official charged with the preparation and distribution of 
 13.30  the ballots shall prepare instructions to the printer for 
 13.31  rotation of the names of candidates and for layout of the ballot.
 13.32     (b) Except as provided in paragraph (c), the instructions 
 13.33  shall be approved by the legal advisor of the official before 
 13.34  delivery to the printer. 
 13.35     (c) The legal advisor of a town official is only required 
 13.36  to approve instructions regarding the rotation of the names of 
 14.1   candidates on the ballot. 
 14.2      (d) Before a contract exceeding $1,000 is awarded for 
 14.3   printing ballots, the printer shall furnish a sufficient bond, 
 14.4   letter of credit, or certified check, acceptable to the official 
 14.5   responsible for printing the ballots, conditioned on printing 
 14.6   the ballots in conformity with the Minnesota Election Law and 
 14.7   the instructions delivered.  The official responsible for 
 14.8   printing the ballots shall set the amount of the bond, letter of 
 14.9   credit, or certified check in an amount equal to the value of 
 14.10  the purchase.  
 14.11     Sec. 25.  Minnesota Statutes 2000, section 204D.09, is 
 14.12  amended to read: 
 14.13     204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.] 
 14.14     Subdivision 1.  (a) No later than June 1 of each year, the 
 14.15  secretary of state shall supply each auditor with a copy of an 
 14.16  example ballot.  The example ballot must illustrate the format 
 14.17  required for the ballots used in the primary and general 
 14.18  elections that year. 
 14.19     (b) The county auditor shall distribute copies of the 
 14.20  example ballot to municipal and school district clerks in 
 14.21  municipalities and school districts holding elections that 
 14.22  year.  The official ballot must conform in all respects to the 
 14.23  example ballot. 
 14.24     Subd. 2.  At least two weeks before the state primary the 
 14.25  county auditor shall prepare a sample state partisan primary 
 14.26  ballot and a sample state and county nonpartisan primary ballot 
 14.27  for public inspection.  The names of all of the candidates to be 
 14.28  voted for in the county shall be placed on the sample ballots, 
 14.29  with the names of the candidates for each office arranged 
 14.30  alphabetically according to the surname.  Only one sample state 
 14.31  partisan primary ballot and one sample state and county 
 14.32  nonpartisan ballot shall be prepared for any county.  The county 
 14.33  auditor shall post the sample ballots in a conspicuous place in 
 14.34  the auditor's office and shall cause them to be published at 
 14.35  least one week before the state primary in at least one 
 14.36  newspaper of general circulation in the county. 
 15.1      Sec. 26.  Minnesota Statutes 2000, section 204D.24, 
 15.2   subdivision 2, is amended to read: 
 15.3      Subd. 2.  [VOTER REGISTRATION.] An individual may register 
 15.4   to vote at a special primary or special election at any time 
 15.5   before the day that the polling place rosters for the special 
 15.6   primary or special election are prepared by the secretary of 
 15.7   state.  The secretary of state shall provide the county auditors 
 15.8   with notice of this date at least seven days before the printing 
 15.9   of the rosters.  This subdivision does not apply to a special 
 15.10  election held on the same day as the presidential primary, state 
 15.11  primary, state general election, or the regularly scheduled 
 15.12  primary or general election of a municipality, school district, 
 15.13  or special district.  
 15.14     Sec. 27.  Minnesota Statutes 2000, section 205.02, 
 15.15  subdivision 1, is amended to read: 
 15.16     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
 15.17  provided in this chapter or otherwise expressly provided by law, 
 15.18  the provisions of the Minnesota Election Law apply to municipal 
 15.19  elections, so far as practicable. 
 15.20     Sec. 28.  Minnesota Statutes 2000, section 205.13, 
 15.21  subdivision 1a, is amended to read: 
 15.22     Subd. 1a.  [FILING PERIOD.] An affidavit of candidacy for a 
 15.23  town office to be elected in March must be filed not more than 
 15.24  eight weeks nor less than six weeks before the town election.  
 15.25  In municipalities nominating candidates at a municipal primary, 
 15.26  an affidavit of candidacy for a city office or town office voted 
 15.27  on in November must be filed not more than 70 days nor less than 
 15.28  56 days before the first Tuesday after the second Monday in 
 15.29  September preceding the municipal general election.  In all 
 15.30  other municipalities, an affidavit of candidacy must be filed 
 15.31  not more than 70 days and not less than 56 days before the 
 15.32  municipal general election. 
 15.33     Sec. 29.  Minnesota Statutes 2000, section 205.17, is 
 15.34  amended by adding a subdivision to read: 
 15.35     Subd. 7.  [EXAMPLE BALLOT.] No later than 30 days before 
 15.36  absentee ballots must be prepared and delivered under section 
 16.1   204B.35 for use in a town general election conducted in March, 
 16.2   the secretary of state shall supply each town clerk in a town 
 16.3   conducting a March general election with a copy of an example 
 16.4   ballot.  The example ballot must illustrate the format required 
 16.5   for the ballots used in the general election that year. 
 16.6      Sec. 30.  Minnesota Statutes 2000, section 205.185, 
 16.7   subdivision 2, is amended to read: 
 16.8      Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
 16.9   be by secret ballot and shall be held and the returns made in 
 16.10  the manner provided for the state general election, so far as 
 16.11  practicable except as otherwise expressly provided by law. 
 16.12     Sec. 31.  Minnesota Statutes 2000, section 205.185, 
 16.13  subdivision 3, is amended to read: 
 16.14     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
 16.15  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
 16.16  the governing body of a city conducting any election or the 
 16.17  governing body of a town conducting the general election in 
 16.18  November shall canvass the returns and declare the results of 
 16.19  the election.  The governing body of a town conducting the 
 16.20  general election in March shall canvass the returns and declare 
 16.21  the results of the election within two days after an election.  
 16.22     (b) After the time for contesting elections has passed, the 
 16.23  municipal clerk shall issue a certificate of election to each 
 16.24  successful candidate.  In case of a contest, the certificate 
 16.25  shall not be issued until the outcome of the contest has been 
 16.26  determined by the proper court.  
 16.27     (c) In case of a tie vote, the governing body shall 
 16.28  determine the result by lot. The clerk shall certify the results 
 16.29  of the election to the county auditor, and the clerk shall be 
 16.30  the final custodian of the ballots and the returns of the 
 16.31  election. 
 16.32     Sec. 32.  Minnesota Statutes 2000, section 205A.02, is 
 16.33  amended to read: 
 16.34     205A.02 [ELECTION LAW APPLICABLE.] 
 16.35     Except as provided in this chapter or otherwise expressly 
 16.36  provided by law, the Minnesota Election Law applies to school 
 17.1   district elections, as far as practicable.  Elections in common 
 17.2   school districts shall be governed by section 123B.94. 
 17.3      Sec. 33.  Minnesota Statutes 2000, section 205A.11, 
 17.4   subdivision 2, is amended to read: 
 17.5      Subd. 2.  [COMBINED POLLING PLACE.] When no other election 
 17.6   is being held in two or more precincts on the day of a school 
 17.7   district election, the school board may designate one or more 
 17.8   combined polling places at which the voters in those precincts 
 17.9   may vote in the school district election.  The deadline 
 17.10  established under section 204B.16, subdivision 3, for 
 17.11  designating a new or different polling place applies to an 
 17.12  election described by this subdivision. 
 17.13     Sec. 34.  Minnesota Statutes 2000, section 206.81, is 
 17.14  amended to read: 
 17.15     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
 17.16     (a) The secretary of state may license an electronic voting 
 17.17  system for experimental use at an election prior to its approval 
 17.18  for general use. 
 17.19     (b) The secretary of state must license a touch-sensitive 
 17.20  direct recording electronic voting system for experimental use 
 17.21  at an election before its approval for general use, and may 
 17.22  impose restrictions on its use.  A voting system used under this 
 17.23  paragraph must permit a blind or visually impaired voter to cast 
 17.24  a ballot independently and privately. 
 17.25     (c) Experimental use must be observed by the secretary of 
 17.26  state or the secretary's designee and the results observed must 
 17.27  be considered at any subsequent proceedings for approval for 
 17.28  general use. 
 17.29     (d) The secretary of state may adopt rules consistent with 
 17.30  sections 206.55 to 206.90 relating to experimental use.  The 
 17.31  extent of experimental use must be determined by the secretary 
 17.32  of state. 
 17.33     Sec. 35.  Minnesota Statutes 2000, section 211A.02, 
 17.34  subdivision 1, is amended to read: 
 17.35     Subdivision 1.  [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 
 17.36  committee or a candidate who receives contributions or makes 
 18.1   disbursements of more than $750 in a calendar year shall submit 
 18.2   an initial report to the filing officer within 14 days after the 
 18.3   candidate or committee receives or makes disbursements of more 
 18.4   than $750 and shall continue to make the reports listed 
 18.5   in paragraph paragraphs (b) and (c) until a final report is 
 18.6   filed.  
 18.7      (b) The committee or candidate must file a report by 
 18.8   January 31 of each year following the year when the initial 
 18.9   report was filed and. 
 18.10     (c) In a year when the candidate's name or a ballot 
 18.11  question appears on the ballot, the candidate or committee shall 
 18.12  file a report: 
 18.13     (1) ten days before the primary or special primary; 
 18.14     (2) ten days before the general election or special 
 18.15  election; and 
 18.16     (3) 30 days after a general or special election. 
 18.17     Sec. 36.  Minnesota Statutes 2000, section 211A.02, 
 18.18  subdivision 4, is amended to read: 
 18.19     Subd. 4.  [CONGRESSIONAL CANDIDATES.] Candidates for 
 18.20  election to the United States House of Representatives or Senate 
 18.21  and any political committees raising money and making 
 18.22  disbursements exclusively on behalf of any one of those 
 18.23  candidates may file copies of their financial disclosures 
 18.24  required by federal law in lieu of the financial statement 
 18.25  required by this section.  A candidate or committee whose report 
 18.26  is published on the Federal Election Commission Web site has 
 18.27  complied with the filing requirements of this section. 
 18.28     Sec. 37.  Minnesota Statutes 2000, section 358.10, is 
 18.29  amended to read: 
 18.30     358.10 [OFFICIALS MAY ADMINISTER, WHEN.] 
 18.31     (a) All persons holding office under any law of this state, 
 18.32  or under the charter or ordinances of any municipal corporation 
 18.33  thereof, including judges and clerks of election, and all 
 18.34  committee members, commissioners, trustees, referees, 
 18.35  appraisers, assessors, and all others authorized or required by 
 18.36  law to act or report upon any matter of fact, shall have the 
 19.1   power to administer such oaths as they may deem necessary to the 
 19.2   proper discharge of their respective duties.  
 19.3      (b) Any employee of the secretary of state designated by 
 19.4   the secretary of state has the power to administer oaths to an 
 19.5   individual who wishes to file with the secretary of state an 
 19.6   affidavit of candidacy, nominating petition, declaration of 
 19.7   intent to be a write-in candidate, or any other document 
 19.8   relating to the conduct of elections. 
 19.9      Sec. 38.  Minnesota Statutes 2000, section 367.03, 
 19.10  subdivision 6, is amended to read: 
 19.11     Subd. 6.  [VACANCIES.] (a) When a vacancy occurs in a town 
 19.12  office, the town board shall fill the vacancy by appointment.  
 19.13  Except as provided in paragraph (b), the person appointed shall 
 19.14  hold office until the next annual town election, when a 
 19.15  successor shall be elected for the unexpired term.  
 19.16     (b) When a vacancy occurs in a town office: 
 19.17     (1) with more than one year remaining in the term; and 
 19.18     (2) on or after the 14th day before the first day to file 
 19.19  an affidavit of candidacy for the town election; 
 19.20  the vacancy must be filled by appointment.  The person appointed 
 19.21  serves until the next annual town election following the 
 19.22  election for which affidavits of candidacy are to be filed, when 
 19.23  a successor shall be elected for the unexpired term. 
 19.24     (c) A vacancy in the office of supervisor shall must be 
 19.25  filled by an appointment committee comprised of the remaining 
 19.26  supervisors and the town clerk until the next annual town 
 19.27  election, when a successor shall be elected for the unexpired 
 19.28  term.  
 19.29     (d) Any person appointed to fill the vacancy in the office 
 19.30  of supervisor must, upon assuming the office, be an eligible 
 19.31  voter, be 21 years of age, and have resided in the town for at 
 19.32  least 30 days.  
 19.33     (e) When, because of a vacancy, more than one supervisor is 
 19.34  to be chosen at the same election, candidates for the offices of 
 19.35  supervisor shall file for one of the specific terms being filled.
 19.36     (f) Law enforcement vacancies shall must be filled by 
 20.1   appointment by the town board. 
 20.2      Sec. 39.  [REPEALER.] 
 20.3      (a) Minnesota Statutes 2000, section 204B.06, subdivision 
 20.4   1a, is repealed. 
 20.5      (b) Minnesota Rules, part 8250.1400, is repealed.