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Minnesota Legislature

Office of the Revisor of Statutes

HF 1351

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Committee Engrossment

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A bill for an act
relating to elections; changing certain absentee ballot requirements and
provisions; amending Minnesota Statutes 2008, sections 203B.04, subdivisions
1, 6; 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivisions 2, 3;
203B.08, subdivisions 2, 3; 203B.081; 203B.085; 203B.12; 203B.23, subdivision
2; 203B.24, subdivision 1; 203B.26; 204B.45, subdivision 2; 204B.46; 204C.10;
204C.13, subdivision 6; 204C.27; 204C.30, by adding a subdivision; 204C.33,
subdivisions 1, 3; 205.185, subdivision 3, by adding a subdivision; 205A.10,
subdivisions 2, 3, by adding a subdivision; 206.89, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota
Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.13; 203B.25.

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

Section 1.

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, notwithstanding rules on absentee ballot forms,
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 endthe county auditor of the county where the applicant maintains residence; or

deleted text begin (b)deleted text end new text begin(2) new text endthe 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 deleted text beginmaydeleted text end new text beginmust new text endcontain a request for the deleted text beginvoter'sdeleted text end new text beginapplicant's
new text enddate of birth, deleted text beginwhichdeleted text end new text beginthe applicant's Minnesota driver's license or state identification card
number, and the last four digits of the applicant's Social Security number, if the applicant
has these numbers, an oath that the information contained on the form is accurate, that the
applicant is applying on the applicant's own behalf, and that the applicant is signing the
form under penalty of perjury. An applicant's full date of birth, driver's license or state
identification number, and the last four digits of the applicant's Social Security number
new text endmust 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
deleted text begin 5deleted text end new text begin6 new text endto automatically receive an absentee ballot deleted text beginapplicationdeleted text end.

Sec. 2.

Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:


Subd. 6.

Ongoing absentee status; termination.

(a) An eligible voter may apply to
a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably
expects to meet the requirements of section 203B.02, subdivision 1. new text beginThe voter may
decline to receive an absentee ballot for one or more elections if that request is received
by the county auditor or municipal clerk at least five days before the deadline in section
204B.35 for delivering ballots for the election to which it applies. Sixty days before each
state primary, the county auditor must send each voter with ongoing absentee ballot status
a nonforwardable postcard to notify the voter when the voter can expect to receive the
ballots.
new text endEach applicant must automatically be provided with an absentee ballot deleted text beginapplicationdeleted text end
for each ensuing election other than an election by mail conducted under section 204B.45,
new text begin or as otherwise requested by the voter, new text endand must have the status of ongoing absentee voter
indicated on the voter's registration record.

(b) Ongoing absentee voter status ends on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an ongoing absentee ballot as undeliverable;

(4) a change in the voter's status so that the voter is not eligible to vote under section
201.15 or 201.155; or

(5) placement of the voter's registration on inactive status under section 201.171.

new text begin By May 1, 2010, each county auditor shall mail an explanation of the changes to the
ongoing absentee balloting process and an updated ongoing absentee voter application to
every voter with ongoing absentee ballot status in their county. A voter must return the
application to maintain the voter's status as an ongoing absentee voter. Upon receipt of
a completed application, the county auditor shall scan an image of the application and
update the voter's record with any new or changed information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested and shown to properly
allow for the issuance of ballots to ongoing absentee voters.
new text end

Sec. 3.

Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

deleted text begin (a)deleted text end new text begin(1) new text endthe county auditor of that county has designated the clerk to administer
them; or

deleted text begin (b)deleted text end new text begin(2) new text endthe clerk has given the county auditor of that county notice of intention
to administer them.

new text begin A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the
clerk has technical capacity to access the absentee ballot module of the statewide voter
registration system in the secure manner prescribed by the secretary of state. The secretary
of state must identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the statewide voter
registration system. A clerk designated under this subdivision must receive training
approved by the secretary of state on the use of the statewide voter registration system.
A clerk may not use the statewide voter registration system until the clerk has received
the required training.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 4.

Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be
mailed, shipped, or delivered to an applicant for any election, except as provided in section
deleted text begin 203B.13deleted text endnew text begin 203B.12new text end, subdivision deleted text begin2deleted text endnew text begin 3anew text end, or when a replacement ballot has been requested by
the voter for a ballot that has been spoiled or lost in transit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 5.

new text begin [203B.065] RECORDING APPLICATIONS.
new text end

new text begin Upon accepting an application for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide registration system the
voter's name, address of residence in Minnesota, mailing address, Minnesota driver's
license or state identification number, or the last four digits of the voter's Social Security
number, if provided by the voter, that an absentee ballot has been transmitted to the voter,
the method of transmission, and the date of transmission.
new text end

new text begin Upon receipt of a returned absentee ballot for a state primary or state general
election, the county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.
new text end

new text begin Upon receipt of notice that the ballot board has accepted or rejected the absentee
ballot for a state primary or state general election, the county auditor or municipal clerk
shall record in the statewide voter registration system whether the ballot was accepted or
rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
the voter, the county auditor or municipal clerk shall record this in the statewide voter
registration system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 6.

Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:


Subd. 2.

Design of envelopes.

The return envelope shall be of sufficient size to
conveniently enclose and contain the ballot envelope and a folded voter registration
application. The return envelope shall be designed to open on the left-hand end. deleted text beginIf the
voter was not previously registered,
deleted text end The return envelope must be designed in one of
the following ways:

(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or

(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.

Election officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.

Sec. 7.

Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:


Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain new text beginspace for
the voter's Minnesota driver's license, state identification number, or the last four digits of
the voter's Social Security number or to indicate that they do not have one, and
new text enda statement
to be signed and sworn by the voter indicating that the voter meets all of the requirements
established by law for voting by absentee ballotnew text begin, that the ballots were unmarked when
received by the voter, and that the voter personally marked the ballots without showing
how they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them
new text end. new text beginIf the voter was not previously registered at that
address,
new text endthe certificate shall also contain new text beginspace for new text enda statement signed by a person who
is deleted text beginregistered to vote in Minnesota or by a notary public or other individual authorized to
administer oaths
deleted text end new text begina United States citizen new text endstating thatdeleted text begin:deleted text end

deleted text begin (1) the ballots were displayed to that individual unmarked;
deleted text end

deleted text begin (2) the voter marked the ballots in that individual's presence without showing how
they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and
deleted text end

deleted text begin (3) if the voter was not previously registered,deleted text end the voter has provided proof of
residence as required by section 201.061, subdivision 3.

Sec. 8.

Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:


Subd. 2.

Address on return envelopes.

The county auditor or municipal clerk shall
address return envelopes to allow direct mailing of the absentee ballots todeleted text begin:deleted text endnew text begin
new text end

deleted text begin (a)deleted text end the county auditor or municipal clerk who deleted text beginsent the ballots to the voter;deleted text endnew text begin has the
responsibility to accept and reject the absentee ballots.
new text end

deleted text begin (b) the clerk of the town or city in which the absent voter is eligible to vote; or
deleted text end

deleted text begin (c) the appropriate election judges.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 9.

Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. new text beginWithin five days of receipt, new text endthe county auditor or municipal clerk shall deliver to the
deleted text begin appropriate election judges on election day all ballots received before or with the last mail
delivery by the United States Postal Service on election day. A town clerk may request the
United States Postal Service to deliver absentee ballots to the polling place on election
day instead of to the official address of the town clerk.
deleted text endnew text begin ballot board all ballots received,
except that during the 14 days immediately preceding an election, the county auditor or
municipal clerk shall deliver all ballots received to the ballot board within three days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 10.

Minnesota Statutes 2008, section 203B.081, is amended to read:


203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot during the 30 days before the electionnew text begin
up until the third day before the election
new text end in the office of the county auditor and at any other
polling place designated by the county auditor.new text begin On the day before the election, voters who
had planned on voting in person in the polling place and only learned of circumstances in
the last four days that will prevent them from doing so may vote by absentee ballot.
new text end The
county auditor shall make such designations at least 90 days before the election. At least
one voting booth in each polling place must be made available by the county auditor for
this purpose. The county auditor must also make available at least one electronic ballot
marker in each polling place that has implemented a voting system that is accessible for
individuals with disabilities pursuant to section 206.57, subdivision 5.

Sec. 11.

Minnesota Statutes 2008, section 203B.085, is amended to read:


203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots deleted text beginfrom 10:00 a.m.
to 3:00 p.m. on Saturday and
deleted text end until deleted text begin5:00 p.m.deleted text endnew text begin noonnew text end on the deleted text beginday immediatelydeleted text endnew text begin Saturdaynew text end
preceding a primary, special, or general election deleted text beginunless that day falls on a Saturday
or Sunday
deleted text end.new text begin On the day before the election, the office must be open for acceptance of
absentee ballot applications and casting of absentee ballots for voters who additionally
certify that they had planned on voting in person in the polling place and only learned of
circumstances in the last four days that will prevent them from doing so.
new text end Town clerks'
offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday
before a town general election held in March. The school district clerk, when performing
the county auditor's election duties, need not comply with this section.

Sec. 12.

Minnesota Statutes 2008, section 203B.12, is amended to read:


203B.12 deleted text beginELECTION JUDGES TO RECEIVE AND COUNT BALLOTSdeleted text endnew text begin
BALLOT BOARDS
new text end.

Subdivision 1.

deleted text beginReceipt of return envelopesdeleted text endnew text begin Establishmentnew text end.

deleted text beginThe election judges
in each precinct or the judges of an absentee ballot board shall take possession of all
return envelopes delivered to them in accordance with section 203B.08.
deleted text endnew text begin The governing
body of a county, municipality, or school district authorized to accept and reject absentee
ballots must, by ordinance or resolution, authorize a ballot board. The board must consist
of a sufficient number of election judges appointed as provided in sections 204B.19 to
204B.22. The board may consist of staff trained as election judges, in which case, the
board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party
balance in appointment of judges and to duties to be performed by judges of different
major political parties.
new text end

new text begin Subd. 1a. new text end

new text begin Compensation of members. new text end

new text begin Each jurisdiction must pay a reasonable
compensation to each member of the ballot board for that jurisdiction for services
rendered during each election.
new text end

new text begin Subd. 1b. new text end

new text begin Applicable laws. new text end

new text begin Except as otherwise provided by this section, all of
the laws applicable to absentee ballots and absentee voters and all other provisions of the
Minnesota election law apply to a ballot board.
new text end

new text begin Subd. 1c. new text end

new text begin Receipt of return envelopes. new text end

new text begin The members of the ballot board shall take
possession of all return envelopes delivered to them in accordance with section 203B.08.
new text end

Subd. 2.

Examination of return envelopes.

new text beginUpon receipt from the county auditor,
municipal clerk, or school district clerk,
new text endtwo or more deleted text beginelection judgesdeleted text end new text beginmembers of the ballot
board
new text endshall examine each return envelope and shall mark it accepted or rejected in the
manner provided in this subdivision. If a ballot has been prepared under section 204B.12,
subdivision 2a
, or 204B.41, the deleted text beginelection judgesdeleted text end new text beginmembers of the ballot board new text endshall not begin
removing ballot envelopes from the return envelopes until 8:00 p.m. on election daydeleted text begin,
either in the polling place or at an absentee ballot board established under section 203B.13
deleted text end.

The deleted text beginelection judgesdeleted text end new text beginmembers of the ballot board new text endshall mark the return envelope
"Accepted" and initial or sign the return envelope below the word "Accepted" if the
deleted text begin election judgesdeleted text end new text beginmembers of the ballot board new text endor a majority of them are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the deleted text beginvoter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other than
the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is
not required to match
deleted text endnew text begin voter signed the certification on the envelopenew text end;

new text begin (3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application or if a number was not submitted on the application, the election judges
must make a reasonable effort to satisfy themselves through other information provided
by the applicant that the ballots were returned by the same person to whom the ballots
were transmitted;
new text end

deleted text begin (3)deleted text end new text begin(4) new text endthe voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and

deleted text begin (4)deleted text end new text begin(5) new text endthe voter has not already voted at that election, either in person or by absentee
ballot.

There is no other reason for rejecting an absentee ballot. In particular, failure to
place the ballot within the security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

If all or a majority of the deleted text beginelection judgesdeleted text end new text beginmembers of the ballot board new text endexamining
return envelopes find that an absent voter has failed to meet one of the requirements
prescribed in clauses (1) to deleted text begin(4)deleted text endnew text begin (5)new text end, they shall mark the return envelope "Rejected," initial
or sign it below the word "Rejected," and return it to the county auditor.

Subd. 3.

Notation on polling place roster.

new text begin(a) new text endIf the return envelope is marked with
the word "Accepted," the election judges shall record the fact that the voter has voted by
absentee ballot deleted text beginon the polling place roster. This must be done by placing the letters "A.B."deleted text end
in the appropriate space on the rosternew text begin or in a supplemental report provided to the precinct.
In state primaries and state general elections, this fact must be noted in the statewide
voter registration system
new text end.

new text begin (b) new text endAfter a registration record has been marked to record that an individual has voted
by absentee ballot, the individual shall not be allowed to vote in person at that election.

new text begin Subd. 3a. new text end

new text begin Rejected ballots. new text end

new text begin If an envelope has been rejected at least five days
before the election, the envelope must remain sealed and the official in charge of the ballot
board shall provide the voter with a replacement absentee ballot and return envelope in
place of the rejected ballot. Notwithstanding any rule to the contrary, the official in charge
of the election need not write "Replacement" on the replacement ballot.
new text end

new text begin If the ballot is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
new text end

Subd. 4.

deleted text beginPlacement in container;deleted text end Opening deleted text beginand countingdeleted text end of ballots.

The deleted text beginballot
envelopes
deleted text end new text beginballots new text endfrom return envelopes marked "Accepted" shall be deleted text beginplaced by the election
judges in a separate absentee ballot container. The container and each ballot envelope may
be opened only after the last regular mail delivery by the United States postal service
on election day. The ballots shall then be
deleted text end new text beginopened, duplicated as needed in the manner
provided by section 206.86, subdivision 5,
new text endinitialed by the deleted text beginelection judges in the same
manner as ballots delivered by them to voters in person
deleted text end new text beginmembers of the ballot board, new text endand
deleted text begin shall bedeleted text end deposited in the appropriate ballot box.

If more than one ballot of any kind is enclosed in the ballot envelope, none of the
ballots of that kind shall be counted but all ballots of that kind shall be returned in the
manner provided by section 204C.25 for return of spoiled ballots.

new text begin Subd. 4a. new text end

new text begin Storage and counting of ballots. new text end

new text begin The ballot board must:
new text end

new text begin (1) remove the ballots from the ballot box and seal and secure them at the end of
each day on which absentee ballots were inserted into the ballot box;
new text end

new text begin (2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of absentee ballots accepted that day;
new text end

new text begin (3) prior to the opening of the polls on election day, mark the rosters or provide to
the precinct a supplemental report of voters whose absentee ballot was accepted after the
polling place rosters were generated; and
new text end

new text begin (4) verify that voters have not voted in person whose absentee ballots arrived
after the rosters were marked or the supplemental report was generated, before opening,
duplicating as needed, and inserting these ballots into the ballot box.
new text end

new text begin After the polls have closed, the ballot board must count the ballots, tabulating the
vote in a manner that indicates each vote of the voter and the total votes cast for each
candidate or question. In state primary and state general elections, the results must
indicate the total votes cast for each candidate or question in each precinct and report the
vote totals tabulated for each precinct. The count shall be public. No vote totals from
ballots may be made public before the close of voting on election day.
new text end

new text begin In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.
new text end

new text begin If the task has not been completed previously, members of the ballot board must
verify within 48 hours after election day that voters whose absentee ballots arrived after
the rosters were marked or supplemental reports were generated and whose ballots were
accepted did not vote in person on election day, before the members of the ballot board
open the ballot envelopes, duplicate the ballots as needed, insert the ballots into the ballot
box, count the ballots, and add the votes from these totals to the votes from the appropriate
precincts.
new text end

deleted text begin Subd. 6. deleted text end

deleted text begin Exception for municipalities or school districts with absentee ballot
boards.
deleted text end

deleted text begin In municipalities or school districts with an absentee ballot board, the election
judges in each precinct shall receive and process return envelopes and ballot envelopes as
provided in this section except that the ballot envelopes from return envelopes marked
"Accepted" shall be delivered in an absentee ballot container to the absentee ballot board
for the counting of ballots as soon as possible after processing. Other law to the contrary
notwithstanding, the governing body of a municipality or the school board of a school
district with an absentee ballot precinct may authorize the judges of the absentee ballot
precinct to validate ballots in the manner provided in this section. The vote totals provided
by the absentee ballot board shall be included in the vote totals on the summary statements
of the returns for the precinct in which they were received.
deleted text end

Subd. 7.

Names of persons submitting absentee ballots.

The names of voters who
have submitted an absentee ballot return envelope to the county auditor or municipal
clerk new text beginthat has not been accepted by a ballot board new text endmay not be made available for public
inspection until the close of voting on election day.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 13.

Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:


Subd. 2.

Duties.

The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.

The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.

new text begin Except for federal write-in absentee ballots, the ballots from return envelopes
marked "Accepted" must be opened, duplicated as needed in the manner provided by
section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
in the appropriate ballot box.
new text end

new text begin Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as
needed in the manner provided by section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the
fourth day before the election, unless the voter has submitted another absentee ballot with
a later postmark which has been accepted by the board.
new text end

new text begin In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end

new text begin No vote totals from absentee ballots may be made public before the close of voting
on election day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 14.

Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:


Subdivision 1.

Check of voter eligibility; proper execution of certificate.

Upon
receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
deleted text begin election judgesdeleted text end new text beginmembers of the ballot board new text endshall compare the voter's name with the
names recorded under section 203B.19 in the statewide registration system to insure that
the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to
203B.27. The deleted text beginelection judgesdeleted text end new text beginmembers of the ballot board new text endshall mark the return envelope
"Accepted" and initial or sign the return envelope below the word "Accepted" if the
deleted text begin election judgesdeleted text end new text beginmembers of the ballot board new text endare satisfied that:

(1) the voter's name on the return envelope appears in substantially the same form as
on the application records provided to the election judges by the county auditor;

(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
the Help America Vote Act, Public Law 107-252;

(3) the voter has set forth the same voter's passport number, or Minnesota driver's
license or state identification card number, or the last four digits of the voter's Social
Security number as submitted on the application, if the voter has one of these documents;
deleted text begin anddeleted text end

(4) new text beginthe voter is not known to have died; and
new text end

new text begin (5) new text endthe voter has not already voted at that election, either in person or by absentee
ballot.

If the identification number described in clause (3) does not match the number
as submitted on the application, the deleted text beginelection judgesdeleted text end new text beginmembers of the ballot board new text endmust
make a reasonable effort to satisfy themselves through other information provided by the
applicant, or by an individual authorized to apply on behalf of the voter, that the ballots
were returned by the same person to whom the ballots were transmitted.

An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
rejected for the lack of one of clauses (1) to deleted text begin(4)deleted text endnew text begin (5)new text end. In particular, failure to place the
ballot within the security envelope before placing it in the outer white envelope is not a
reason to reject an absentee ballot.

deleted text begin Election judgesdeleted text end new text beginMembers of the ballot board new text endmust note the reason for rejection on
the back of the envelope in the space provided for that purpose.

Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
shall not be counted if the certificate on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply.new text begin Notwithstanding other provisions of this section, the
counting of the absentee ballot of a deceased voter does not invalidate the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 15.

Minnesota Statutes 2008, section 203B.26, is amended to read:


203B.26 SEPARATE RECORD.

A separate record of the ballots of absent voters cast under sections 203B.16 to
203B.27 must be generated from the statewide registration system for each precinct
and deleted text beginprovided to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot board. The content of the
record must be in a form prescribed by the secretary of state. The election judges in the
polling place must note on the record any envelopes that had been marked "accepted" by
the absentee ballot board but were not counted. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election day
deleted text end new text beginretained
with the other election
new text endmaterials.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 16.

Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
registered in the town or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who register to vote
after the initial mailing but before the 20th day before the election. Eligible voters not
registered at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
auditor or clerk and the voter may return the ballot by mail or in person to the office of
the auditor or clerk. The auditor or clerk deleted text beginmaydeleted text end new text beginmust new text endappoint deleted text beginelection judgesdeleted text end new text begina ballot board
new text endto examine the return envelopes and mark them "accepted" or "rejected" deleted text beginduring the 30
days before the election.
deleted text endnew text begin within three days of receipt. The board may consist of staff
trained as election judges, in which case, the board is exempt from sections 204B.19,
subdivision 5, and 204C.15, relating to party balance in appointment of judges and to
duties to be performed by judges of different major political parties.
new text end If an envelope has
been rejected at least five days before the election, the ballots in the envelope must deleted text beginbe
considered spoiled ballots
deleted text end new text beginremain sealed new text endand the auditor or clerk shall provide the voter
with a replacement ballot and return envelope in place of the spoiled ballot. new text beginIf the ballot is
rejected within five days of the election, the envelope must remain sealed and the official
in charge of the ballot board must attempt to contact the voter by telephone or e-mail to
notify the voter that the voter's ballot has been rejected. The official must document the
attempts made to contact the voter.
new text end

new text begin Notwithstanding any rule to the contrary, the ballots from return envelopes marked
"Accepted" must be promptly opened, duplicated as needed in the manner provided
by section 206.86, subdivision 5, initialed by the election judges, and deposited in the
appropriate ballot box.
new text end

new text begin In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end

new text begin No vote totals from mail or absentee ballots may be made public before the close
of voting on election day.
new text end

The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 17.

Minnesota Statutes 2008, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No more than two questions may be submitted at a mail
election and no offices may be voted on. Notice of the election must be given to the county
auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
least six weeks prior to the election. No earlier than deleted text begin20 ordeleted text end new text begin30 nor new text endlater than 14 days prior
to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
registered in the county, municipality, or school district. new text beginNo later than 14 days before the
election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
new text endEligible voters not registered at the time the ballots are mailed may apply for ballots
pursuant to chapter 203B. new text beginThe auditor or clerk must appoint a ballot board to examine the
return envelopes and mark them "Accepted" or "Rejected" within three days of receipt.
The board may consist of staff trained as election judges, in which case, the board is
exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in
appointment of judges and to duties to be performed by judges of different major political
parties. If an envelope has been rejected at least five days before the election, the ballots
in the envelope must remain sealed and the auditor or clerk must provide the voter with
a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is
rejected within five days of the election, the envelope must remain sealed and the official
in charge of the ballot board must attempt to contact the voter by telephone or e-mail to
notify the voter that the voter's ballot has been rejected. The official must document the
attempts made to contact the voter.
new text end

new text begin Notwithstanding any rule to the contrary, the ballots from return envelopes marked
"Accepted" must be promptly opened, duplicated as needed in the manner provided
by section 206.86, subdivision 5, initialed by the election judges, and deposited in the
appropriate ballot box.
new text end

new text begin In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end

new text begin No vote totals from mail ballots may be made public before the close of voting
on election day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 18.

Minnesota Statutes 2008, section 204C.10, is amended to read:


204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster deleted text beginwhich states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "
deleted text endnew text begin. The polling place roster must state: "I certify that I have not already voted in
this election. I certify that I am at least 18 years of age and a citizen of the United States;
that I reside at the address shown and have resided in Minnesota for 20 days immediately
preceding this election; that I am not under guardianship of the person in which the court
order revokes my right to vote, have not been found by a court to be legally incompetent
to vote, and that if convicted of a felony, my felony sentence has expired (been completed)
or I have been discharged from my sentence; and that I am registered and will be voting
only in this precinct.
new text endI understand that deliberately providing false information is a felony
punishable by not more than five years imprisonment and a fine of not more than $10,000,
or both."new text begin The words "I have not already voted in this election" and "I understand that
providing false information is a felony" must be in bold type.
new text end

(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.new text begin If the ballot board has not marked the roster in accordance
with section 203B.12, subdivision 4a, clause (3), the election judge must review the
supplemental list of those who voted by absentee ballot to ensure that the voter's name is
not on the list. If a voter's name is on the list, the voter must not be allowed to sign the
roster or to vote on election day.
new text end

(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 19.

Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:


Subd. 6.

Challenge of voter; time limits; disposition of ballots.

At any time
before the ballots of any voter are deposited in the ballot boxes, the election judges or any
individual who was not present at the time the voter procured the ballots, but not otherwise,
may challenge the eligibility of that voter and the deposit of any received absentee ballots
in the ballot boxes. The election judges shall determine the eligibility of any voter who is
present in the polling place in the manner provided in section 204C.12, and if the voter is
found to be not eligible to vote, shall place the ballots of that voter unopened among the
spoiled ballots. deleted text beginThe election judges shall determine whether to receive or reject the ballots
of an absent voter and whether to deposit received absentee ballots in the ballot boxes in
the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
absentee ballots not received or deposited in the manner provided in section 203B.12.
deleted text end A
violation of this subdivision by an election judge is a gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 20.

Minnesota Statutes 2008, section 204C.27, is amended to read:


204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

new text begin Subdivision 1. new text end

new text begin Election supplies. new text end

One or more of the election judges in each
precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and
gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either
directly to the municipal clerk for transmittal to the county auditor's office or directly to
the county auditor's office as soon as possible after the vote counting is completed but
no later than 24 hours after the end of the hours for voting. One or more election judges
shall deliver the remaining set of summary statements and returns, all unused and spoiled
municipal and school district ballots, the envelopes containing municipal and school
district ballots, and all other things furnished by the municipal or school district clerk, to
the municipal or school district clerk's office within 24 hours after the end of the hours
for voting. The municipal or school district clerk shall return all polling place rosters and
completed voter registration cards to the county auditor within 48 hours after the end
of the hours for voting.

new text begin Subd. 2. new text end

new text begin Rejected absentee ballots. new text end

new text begin All absentee ballots that were rejected and
their accompanying absentee ballot applications must be delivered to the county auditor
within 48 hours after the end of the hours for voting.
new text end

Sec. 21.

Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Review of rejected absentee ballots. new text end

new text begin Prior to the meeting of the county
canvassing board to canvass the results of the state general election, the county auditor
must review any absentee ballots that were marked rejected to determine whether any were
rejected in error. If the county canvassing board agrees that any ballots were rejected in
error, the board must publicly open the return and ballot envelopes and initial and count the
ballots to include the votes in all races in the results canvassed by the board. The county
canvassing board must protect the privacy of voters' choices to the extent practicable.
new text end

Sec. 22.

Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office deleted text beginon or before the seventh daydeleted text end new text beginbetween the third and tenth days
new text endfollowing the state general election. After taking the oath of office, the board shall
promptly and publicly canvass the general election returns delivered to the county auditor.
Upon completion of the canvass, the board shall promptly prepare and file with the county
auditor a report which states:

(a) the number of individuals voting at the election in the county and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

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

(d) the number of votes counted for and against a proposed change of county lines
or county seat; and

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

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

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

Sec. 23.

Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:


Subd. 3.

State canvass.

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

(a) the number of individuals voting in the state and in each county;

(b) the number of votes received by each of the candidates, specifying the counties
in which they were cast; and

(c) the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.

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

Sec. 24.

Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a)
deleted text begin Within sevendeleted text end new text beginBetween 11 and 17 new text enddays after an election, the governing body of a city
conducting any election including a special municipal election, or the governing body of
a town conducting the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town
conducting the general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within two days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.

Sec. 25.

Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Review of rejected absentee ballots. new text end

new text begin Prior to an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from another city or county review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end

Sec. 26.

Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:


Subd. 2.

Election, conduct.

A school district election must be by secret ballot and
must be held and the returns made in the manner provided for the state general election,
as far as practicable. The vote totals from an absentee ballot board established pursuant
to section deleted text begin203B.13deleted text end new text begin203B.12 new text endmay be tabulated and reported by the school district as a
whole rather than by precinct. For school district elections not held in conjunction with a
statewide election, the school board shall appoint election judges as provided in section
204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21,
subdivision 2
; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
balance in appointment of judges and to duties to be performed by judges of different
major political parties do not apply to school district elections not held in conjunction
with a statewide election.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 27.

Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

deleted text beginWithin
seven
deleted text end new text beginBetween 11 and 17 new text enddays after a school district election other than a recount of a
special election conducted under section 126C.17, subdivision 9, or 475.59, the school
board shall canvass the returns and declare the results of the election. After the time for
contesting elections has passed, the school district clerk shall issue a certificate of election
to each successful candidate. If there is a contest, the certificate of election to that office
must not be issued until the outcome of the contest has been determined by the proper
court. If there is a tie vote, the school board shall determine the result by lot. The clerk
shall deliver the certificate of election to the successful candidate by personal service or
certified mail. The successful candidate shall file an acceptance and oath of office in
writing with the clerk within 30 days of the date of mailing or personal service. A person
who fails to qualify prior to the time specified shall be deemed to have refused to serve,
but that filing may be made at any time before action to fill the vacancy has been taken.
The school district clerk shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the election.

A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.

Sec. 28.

Minnesota Statutes 2008, section 205A.10, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Review of rejected absentee ballots. new text end

new text begin Prior to an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from another city or county review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end

Sec. 29.

Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:


Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.

At the canvass of the state general election, the county canvassing boards must
select the precincts to be reviewed by lot. new text beginThe ballots counted by each ballot board must
be considered a precinct eligible to be selected for the purposes of this subdivision.
new text endThe
county canvassing board of a county with fewer than 50,000 registered voters must conduct
a postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.13; and
203B.25,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and to be able to handle the
expected volume of use.
new text end