HF 1284

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am

A bill for an act
relating to elections; changing and clarifying certain provisions; amending
Minnesota Statutes 2008, sections 203B.02, subdivision 3; 203B.04, subdivision
1; 203B.06, subdivision 5; 203B.19; 204B.04, subdivision 2; 204B.135,
subdivision 4; 204B.22, subdivisions 1, 2; 204B.27, subdivision 3; 204C.12,
subdivision 2; 204C.35, subdivision 2; 204C.36, subdivisions 3, 4; 204D.10,
subdivision 1; 204D.20, subdivision 1; 205.07, by adding a subdivision;
205.075, subdivision 1; 205A.05, subdivision 1; 205A.11, subdivision 3; 208.03;
proposing coding for new law in Minnesota Statutes, chapter 205A; repealing
Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10,
subdivision 2; 206.57, subdivision 7; 206.91.

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

Section 1.

Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Permanent deleted text end new text begin Indefinite new text end residence abroad.

A United States citizen living
deleted text begin permanently deleted text end new text begin indefinitely new text end outside the United States who is eligible under federal law to
vote in federal elections in Minnesota may vote by absentee ballot only as provided in
sections 203B.16 to 203B.27.

Sec. 2.

Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
for any election may be submitted at any time not less than one day before the day of
that election. The county auditor shall prepare absentee ballot application forms in the
format provided by the secretary of state deleted text begin , notwithstanding rules on absentee ballot forms, deleted text end
and shall furnish them to any person on request. By January 1 of each even-numbered
year, the secretary of state shall make the forms to be used available to auditors through
electronic means. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or

deleted text begin (b) deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
section 203B.02. The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 3.

Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:

Subd. 5.

Preservation of records.

An application for absentee ballots shall be
dated by the county auditor or municipal clerk when it is received and shall be initialed
when absentee ballots are mailed or delivered to the applicant. All applications shall be
preserved by the county auditor or municipal clerk deleted text begin and arranged according to precincts
and the initial letter of the applicant's surname deleted text end new text begin for 22 months new text end .

Sec. 4.

Minnesota Statutes 2008, section 203B.19, is amended to read:

203B.19 RECORDING APPLICATIONS.

Upon accepting an application, the county auditor shall record in the statewide
registration system the voter's name, address of present or former residence in Minnesota,
mailing address, school district number, passport number, Minnesota driver's license
number or state identification card number, or the last four digits of the voter's Social
Security number, and whether the voter is in the military or the spouse or dependent of an
individual serving in the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the United States
and voting under federal law. The county auditor shall retain the record for six years. A
voter whose name is recorded as provided in this section shall not be required to register
under any other provision of law in order to vote under sections 203B.16 to 203B.27.
Persons from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.

No later than 60 days after the general election, the county auditor shall report to the
secretary of state the combined number of absentee ballots transmitted to deleted text begin absent voters
described in section 203B.16. No later than 60 days after the general election, the county
auditor shall report to the secretary of state deleted text end new text begin and new text end the combined number of absentee ballots
returned and cast by absent voters described in section 203B.16. The secretary of state
may require the information be reported by category under section 203B.16 or by precinct.

No later than 90 days after the general election, the secretary of state shall report to
the federal Election Assistance Commission the number of absentee ballots transmitted
to voters under section 203B.16.

Sec. 5.

Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:

Subd. 2.

Candidates seeking nomination by primary.

No individual who
seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
for the same office by nominating petition, except as otherwise provided for deleted text begin partisan
offices in section 204D.10, subdivision 2, and for deleted text end nonpartisan offices in section 204B.13,
subdivision 4.

Sec. 6.

Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:

Subd. 4.

Special elections; limitations.

No municipality or school district may
conduct a special election during the 19 weeks before the state primary election in the year
ending in two deleted text begin , except for special elections conducted on the date of the school district
general election deleted text end . A school district special election required by any other law may be
deferred until the date of the next school district general election, the state primary
election, or the state general election.

Sec. 7.

Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:

Subdivision 1.

Minimum number required.

(a) A minimum of deleted text begin three deleted text end new text begin four new text end election
judges shall be appointed for each precinct new text begin , except as provided by subdivision 2 new text end . In a
combined polling place under section 204B.14, subdivision 2, at least one judge must be
appointed from each municipality in the combined polling place, provided that not less
than three judges shall be appointed for each combined polling place. The appointing
authorities may appoint election judges for any precinct in addition to the number required
by this subdivision including additional election judges to count ballots after voting has
ended.

(b) An election judge may serve for all or part of election day, at the discretion of
the appointing authority, as long as the minimum number of judges required is always
present. The head election judge designated under section 204B.20 must serve for all of
election day and be present in the polling place unless another election judge has been
designated by the head election judge to perform the functions of the head election judge
during any absence.

Sec. 8.

Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Additional election judges in paper ballot precincts deleted text end new text begin Exception new text end .

deleted text begin In
precincts using paper ballots, deleted text end new text begin A minimum of three election judges shall be appointed in
precincts not using electronic voting equipment. new text end One new text begin additional new text end election judge shall be
appointed for each 150 votes cast in that precinct at the last similar election. deleted text begin At each
state primary or state general election in precincts using paper ballots and in which more
than 300 votes were cast at the last similar election, additional election judges shall be
appointed to count the ballots and complete the returns in place of the election board
that served while voting was taking place.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:

Subd. 3.

Instruction posters.

At least 25 days before every state new text begin primary new text end election
the secretary of state shall prepare and furnish to the county auditor of each county deleted text begin in
which paper ballots are used deleted text end , voter instruction posters printed in large type upon cards or
heavy paper. The instruction posters must contain the information needed to enable the
voters to cast their paper ballots quickly and correctly and indicate the types of assistance
available for elderly and disabled voters. Two instruction posters shall be furnished for
each precinct deleted text begin in which paper ballots are used deleted text end . new text begin Upon mutual agreement, the secretary of
state may provide the posters in an electronic format.
new text end

Sec. 10.

Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:

Subd. 2.

Statement of grounds; oath.

A challenger must be a resident of this state.
The secretary of state shall prepare a form that challengers must complete and sign when
making a challenge. The form must include space to state the ground for the challenge,
a statement that the challenge is based on the challenger's personal knowledge, and a
statement that the challenge is made under oath. The form must include a space for the
challenger's printed name, signature, telephone number, and address.

An election judge shall administer to the challenged individual the following oath:

"Do you solemnly swear new text begin or affirm new text end that you will fully and truly answer all questions
put to you concerning your eligibility to vote at this election?"

The election judge shall then ask the challenged individual sufficient questions to
test that individual's residence and right to vote.

Sec. 11.

Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recount.

(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this
section. The votes shall be manually recounted as provided in this section if the candidate
files a request during the time for filing notice of contest of the primary or election for
which a recount is sought.

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment, deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.

(c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(d) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.

(e) If a result of the vote counting in the manual recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 12.

Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:

Subd. 3.

Discretionary ballot question recounts.

A recount may be conducted
for a ballot question when the difference between the votes for and the votes against the
question is less than or equal to the difference provided in subdivision 1. A recount may
be requested by any person eligible to vote on the ballot question. A written request for a
recount must be filed with the filing officer of the county, municipality, or school district
placing the question on the ballot and must be accompanied by a petition containing the
signatures of 25 voters eligible to vote on the question. new text begin Upon receipt of a written request
when the difference between the votes for and the votes against the question is less than or
equal to the difference provided in subdivision 1, the county auditor shall recount the votes
for a county question at the expense of the county, the governing body of the municipality
shall recount the votes for a municipal question at the expense of the municipality, and the
school board of the school district shall recount the votes for a school district question at
the expense of the school district. new text end If the difference between the votes for and the votes
against the question is greater than the difference provided in subdivision 1, the person
requesting the recount shall also file with the filing officer of the county, municipality, or
school district a bond, cash, or surety in an amount set by the appropriate governing body
for the payment of recount expenses. The written request, petition, and any bond, cash,
or surety required must be filed during the time for notice of contest for the election for
which the recount is requested.

Sec. 13.

Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:

Subd. 4.

Expenses.

In the case of a question, a person, or a candidate requesting a
discretionary recount, is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment, deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.

Sec. 14.

Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

The candidate for nomination of a
major political party for a partisan office on the state partisan primary ballot who receives
the highest number of votes shall be the nominee of that political party for that office deleted text begin ,
except as otherwise provided in subdivision 2 deleted text end .

Sec. 15.

Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:

Subdivision 1.

Special primary.

Except as provided in subdivision 2, the candidates
of the major political parties to fill a vacancy shall be nominated at a special primary. The
candidate of each party who receives the highest number of votes at the special primary
shall be nominated deleted text begin without reference to the ten percent requirement of section 204D.10,
subdivision 2 deleted text end .

Sec. 16.

Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin City council members; expiration of terms. new text end

new text begin The terms of all city
council members of charter cities expire on the first Monday in January of the year in
which they expire.
new text end

Sec. 17.

Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:

Subdivision 1.

Date of election.

The general election in a town must be held on
the second Tuesday in March, except as provided in subdivision 2 new text begin , or when moved for
bad weather as provided in section 365.51, subdivision 1 new text end .

Sec. 18.

new text begin [205A.045] SCHOOL DISTRICT TRANSITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Odd year to even. new text end

new text begin The governing body of a school district that
determines to change from an odd-numbered year election to an even-numbered year
election may do so by adoption of a new resolution or ordinance that contains an orderly
plan for the transition.
new text end

new text begin The governing body of the school district shall select by lot the board members
whose terms will expire in January of the next odd-numbered year or January of the
following odd-numbered year. To the extent practicable, one-half of the members must
be elected in one of those years to establish staggered terms. The governing body of
the school district must complete the selection required by this paragraph no later than
30 days before the first day to file affidavits of candidacy for the election in which this
will take effect.
new text end

new text begin Subd. 2. new text end

new text begin Even year to odd. new text end

new text begin The governing body of a school district that determines
to change from an even-numbered year election to an odd-numbered year election may
do so by adoption of a new resolution or ordinance that contains an orderly plan for the
transition.
new text end

new text begin The governing body of the school district shall select by lot the board members
whose terms will expire in January of the next even-numbered year or January of the
following even-numbered year. To the extent practicable, one-half of the members must
be elected in one of those years to establish staggered terms. The governing body of
the school district must complete the selection required by this paragraph no later than
30 days before the first day to file affidavits of candidacy for the election in which this
will take effect.
new text end

Sec. 19.

new text begin [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
new text end

new text begin The terms of all school board members expire on the first Monday in January of the
year in which they expire.
new text end

Sec. 20.

Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition new text begin filed with the school board new text end of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, the school board shall by resolution call
a special election to vote on any matter requiring approval of the voters of a district.
A question is carried only with the majority in its favor required by law. The election
officials for a special election are the same as for the most recent school district general
election unless changed according to law. Otherwise, special elections must be conducted
and the returns made in the manner provided for the school district general election. A
special election may not be held during the 30 days before and the 30 days after the state
primary, during the 30 days before and the 40 days after the state general election. In
addition, a special election may not be held during the 20 days before and the 20 days
after any regularly scheduled election of a municipality wholly or partially within the
school district. Notwithstanding any other law to the contrary, the time period in which a
special election must be conducted under any other law may be extended by the school
board to conform with the requirements of this subdivision.

Sec. 21.

Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:

Subd. 3.

Procedure.

new text begin The designation of a polling place pursuant to this section
remains effective until a different polling place is designated. No designation of a new or
different polling place becomes effective less than 90 days prior to an election, except
that a new polling place may be designated to replace a polling place that has become
unavailable for use. new text end The school board must notify the county auditor within 30 days after
the establishment of a polling place as provided in this section. The notice must include a
list of the precincts that will be voting at each polling place. The school board must send
the notice required by section 204B.16, subdivision 1a, after a polling place is established
as provided in this section, but no additional notices of this kind are required for any
subsequent similar elections until the location of the polling place or the combination
of precincts voting at the polling place is changed. The secretary of state shall provide
a single polling place roster for use in any polling place established as provided in this
section. A single set of election judges must be appointed to serve in the polling place.
The number of election judges required must be based on the total number of persons
voting at the last similar election in all the precincts to be voting at the single polling
place. A single ballot box may be provided for all the ballots.

Sec. 22.

Minnesota Statutes 2008, section 208.03, is amended to read:

208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

Presidential electors for the major political parties of this state shall be nominated by
delegate conventions called and held under the supervision of the respective state central
committees of the parties of this state. On or before primary election day the chair of
the major political party shall certify to the secretary of state the names of the persons
nominated as presidential electors, the names of eight alternate presidential electors, and
the names of the party candidates for president and vice president. new text begin The chair shall also
certify that the party candidates for president and vice president have no affidavit on file as
a candidate for any office in this state at the ensuing general election.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10,
subdivision 2; 206.57, subdivision 7; and 206.91, new text end new text begin are repealed.
new text end