HF 1703

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; providing for acquisition and 
  1.3             use of certain voting systems; conforming with the 
  1.4             federal Help America Vote Act; making technical 
  1.5             changes in election administration; appropriating 
  1.6             money; amending Minnesota Statutes 2002, sections 
  1.7             5.08; 15.0597, subdivisions 2, 3, 4, 5, 6, 7; 15.0599, 
  1.8             subdivision 4; 201.021; 201.022; 201.061, subdivisions 
  1.9             1, 3, by adding subdivisions; 201.071, subdivisions 1, 
  1.10            3, by adding a subdivision; 201.091, subdivisions 1, 
  1.11            4, 5, by adding a subdivision; 201.121, subdivision 1; 
  1.12            201.13, subdivision 1; 201.15, as amended; 201.155; 
  1.13            201.161; 201.1611, subdivision 1; 201.171; 201.221, 
  1.14            subdivisions 2, 3; 202A.14, subdivision 3; 203B.06, 
  1.15            subdivision 4; 203B.08, subdivision 3; 203B.085; 
  1.16            203B.12, subdivision 2; 203B.125; 203B.16, by adding a 
  1.17            subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 
  1.18            203B.26; 204B.06, subdivision 1; 204B.07, subdivision 
  1.19            2; 204B.09, subdivisions 1, 3; 204B.14, subdivision 2; 
  1.20            204B.16, subdivision 3; 204B.18, subdivision 1; 
  1.21            204B.19, subdivisions 1, 6; 204B.22, by adding a 
  1.22            subdivision; 204B.36, subdivision 4; 204B.41; 204B.47; 
  1.23            204C.06, by adding a subdivision; 204C.10; 204C.12, 
  1.24            subdivision 4; 204C.20, subdivision 2; 204C.24, 
  1.25            subdivision 1; 204C.33, subdivision 1; 204C.35, by 
  1.26            adding a subdivision; 204C.36, subdivisions 1, 3, by 
  1.27            adding a subdivision; 204C.361; 204D.14, by adding a 
  1.28            subdivision; 204D.27, subdivision 11; 205.02, 
  1.29            subdivision 1; 205.075, by adding a subdivision; 
  1.30            205.16, subdivision 4, by adding a subdivision; 
  1.31            205.185, subdivisions 2, 3; 205A.02; 205A.07, by 
  1.32            adding a subdivision; 206.57, by adding subdivisions; 
  1.33            206.81; 206.90, subdivision 6; 211A.02, by adding a 
  1.34            subdivision; 351.01, subdivision 4; 365.51, 
  1.35            subdivision 3; 367.12; 414.041, subdivision 1; 447.32, 
  1.36            subdivisions 3, 4; Minnesota Statutes 2003 Supplement, 
  1.37            sections 126C.17, subdivision 9; 205A.07, subdivision 
  1.38            3; proposing coding for new law in Minnesota Statutes, 
  1.39            chapters 201; 204C; 204D. 
  1.40  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.41                             ARTICLE 1
  1.42                           VOTING SYSTEM
  2.1      Section 1.  [VOTING SYSTEMS ACQUISITION.] 
  2.2      Subdivision 1.  [APPROPRIATION.] All remaining, previously 
  2.3   unappropriated funds in the Help America Vote Act account and 
  2.4   any funds received by that account until June 30, 2007, are 
  2.5   appropriated to the Office of the Secretary of State for use in 
  2.6   purchasing a uniform, statewide voting system, purchasing 
  2.7   component items of voting equipment to create such a system, or 
  2.8   making grants to counties and local municipalities for purchase 
  2.9   of voting systems or components of equipment to create a uniform 
  2.10  voting system that:  (1) comply with the requirements of the 
  2.11  Help America Vote Act, Public Law 107-252; and (2) meet the 
  2.12  requirements of this section. 
  2.13     Subd. 2.  [SOLICITING VOTING SYSTEMS.] The Office of the 
  2.14  Secretary of State may issue requests for proposal or other 
  2.15  solicitations for voting systems or the components of voting 
  2.16  systems that comply with the requirements of the Help America 
  2.17  Vote Act, Public Law 107-252, and also provide every voter an 
  2.18  opportunity to verify their votes and to change their votes or 
  2.19  correct any error before their ballot is cast and counted, 
  2.20  produce a permanent paper record of the ballot cast by the 
  2.21  voter, and preserve the paper record as an official record 
  2.22  available for use in a recount. 
  2.23     Subd. 3.  [UNIFORM VOTING SYSTEM.] After receiving and 
  2.24  evaluating responses to the requests for proposal for voting 
  2.25  systems, the Office of the Secretary of State may select one or 
  2.26  more vendors to provide equipment for a uniform statewide voting 
  2.27  system for use in each polling place in Minnesota. 
  2.28     Subd. 4.  [VOTING SYSTEMS REQUIREMENT.] Each voting system 
  2.29  purchased in Minnesota must: 
  2.30     (1) create a marked optical scan ballot that can be 
  2.31  tabulated by (i) a precinct count optical scan machine already 
  2.32  certified for use in Minnesota and owned by a jurisdiction, or 
  2.33  (ii) a certified precinct count optical scan machine to be 
  2.34  purchased under this section; or 
  2.35     (2) accept such a marked optical scan ballot. 
  2.36     Subd. 5.  [CERTIFICATION STANDARDS.] A request for proposal 
  3.1   under this section must set forth the specifications for 
  3.2   ballot-marking equipment to be purchased, which must be 
  3.3   compatible with existing precinct count optical scan equipment 
  3.4   or future models of such equipment.  Responses to the request 
  3.5   for proposal must include certification required by Minnesota 
  3.6   Statutes, section 206.57, Minnesota Rules, chapters 8220 and 
  3.7   8230, and any other Minnesota statutes and rules to be 
  3.8   considered.  Precinct count optical scan tabulating machines 
  3.9   must meet the current certification standards for such machines. 
  3.10     Subd. 6.  [REMAINING FUNDS.] (a) All appropriations to the 
  3.11  Office of the Secretary of State under this section remaining 
  3.12  after the purchase of voting systems to satisfy the requirements 
  3.13  of the Help America Vote Act, Public Law 107-252, as described 
  3.14  in subdivisions 1 to 5, may be spent for the replacement of 
  3.15  precinct-count optical scan equipment that is not compatible 
  3.16  with any system described in subdivision 4, clause (1), and 
  3.17  selected under subdivision 3. 
  3.18     (b) In order to most closely achieve a uniform system of 
  3.19  voting in this state, the Office of the Secretary of State shall 
  3.20  designate one model of precinct-count optical scan equipment to 
  3.21  be purchased as the replacement equipment from among the 
  3.22  responses to the requests for proposal submitted under 
  3.23  subdivision 2. 
  3.24     (c) If the Office of the Secretary of State determines that 
  3.25  there are insufficient funds for the replacement of all 
  3.26  equipment eligible for replacement under this section, the funds 
  3.27  must be used first to replace the oldest equipment, and then to 
  3.28  replace progressively newer equipment until the funds are 
  3.29  exhausted. 
  3.30     Subd. 7.  [MASTER PURCHASING CONTRACT.] The Office of the 
  3.31  Secretary of State shall use the responses to requests for 
  3.32  proposal submitted under subdivision 2 as the basis for 
  3.33  negotiating one or more master contracts from which all 
  3.34  purchases authorized or required by this section must be made, 
  3.35  whether by state or local governments.  After the master 
  3.36  contract is negotiated, no purchases of voting systems may be 
  4.1   made by state or local governments except from this master 
  4.2   contract. 
  4.3      Sec. 2.  [EFFECTIVE DATE.] 
  4.4      Section 1 is effective the day following final enactment. 
  4.5                              ARTICLE 2
  4.6                           HAVA CONFORMITY
  4.7      Section 1.  Minnesota Statutes 2002, section 201.021, is 
  4.8   amended to read: 
  4.9      201.021 [PERMANENT REGISTRATION SYSTEM.] 
  4.10     A permanent system of voter registration by county is 
  4.11  established, with the county systems linked together by a 
  4.12  centralized statewide system a single, official, centralized, 
  4.13  interactive computerized statewide voter registration list 
  4.14  defined, maintained, and administered at the state level that 
  4.15  contains the name and registration information of every legally 
  4.16  registered voter in the state, and assigns a unique identifier 
  4.17  to each legally registered voter in the state.  The interactive 
  4.18  computerized statewide voter registration list constitutes the 
  4.19  official list of every legally registered voter in the state.  
  4.20  The county auditor shall be chief registrar of voters and the 
  4.21  chief custodian of the official registration records in each 
  4.22  county.  The secretary of state is responsible for defining, 
  4.23  maintaining, and administering the centralized system. 
  4.24     Sec. 2.  Minnesota Statutes 2002, section 201.022, is 
  4.25  amended to read: 
  4.26     201.022 [STATEWIDE REGISTRATION SYSTEM.] 
  4.27     Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
  4.28  shall maintain a statewide voter registration system to 
  4.29  facilitate voter registration and to provide a central database 
  4.30  containing voter registration information from around the 
  4.31  state.  The system must be accessible to the county auditor of 
  4.32  each county in the state.  The system must also: 
  4.33     (1) provide for voters to submit their registration to any 
  4.34  county auditor, the secretary of state, or the Department of 
  4.35  Public Safety; 
  4.36     (2) provide for the definition, establishment, and 
  5.1   maintenance of a central database for all voter registration 
  5.2   information; 
  5.3      (3) provide for entering data into the statewide 
  5.4   registration system; 
  5.5      (4) provide for electronic transfer of completed voter 
  5.6   registration forms from the Department of Public Safety to the 
  5.7   secretary of state or the county auditor; 
  5.8      (5) assign a unique identifier to each legally registered 
  5.9   voter in the state; 
  5.10     (6) provide for the acceptance of the Minnesota driver's 
  5.11  license number, Minnesota state identification number, and last 
  5.12  four digits of the Social Security number for each voter record; 
  5.13     (7) coordinate with other agency databases within the 
  5.14  state; 
  5.15     (8) allow county auditors to add, and the secretary of 
  5.16  state to add or modify, information in the system to provide for 
  5.17  accurate and up-to-date records; 
  5.18     (9) allow county auditors, municipal and school district 
  5.19  clerks, and the secretary of state to have electronic access to 
  5.20  the statewide registration system for review and search 
  5.21  capabilities; 
  5.22     (10) provide security and protection of all information in 
  5.23  the statewide registration system and ensure that unauthorized 
  5.24  access is not allowed; and 
  5.25     (11) provide a system for each county to identify the 
  5.26  precinct to which a voter should be assigned for voting purposes.
  5.27  The appropriate state or local official shall provide security 
  5.28  measures to prevent unauthorized access to the computerized list 
  5.29  established under section 201.021.  The secretary of state shall 
  5.30  establish a system of file maintenance that makes reasonable 
  5.31  effort to remove registrants who are ineligible to vote from the 
  5.32  official list of eligible voters.  
  5.33     Subd. 2.  [RULES.] The secretary of state shall make 
  5.34  permanent rules necessary to administer the system required in 
  5.35  subdivision 1.  The rules must at least:  
  5.36     (1) provide for voters to submit their registration to any 
  6.1   county auditor, the secretary of state, or the Department of 
  6.2   Public Safety; 
  6.3      (2) provide for the establishment and maintenance of a 
  6.4   central database for all voter registration information; 
  6.5      (3) provide procedures for entering data into the statewide 
  6.6   registration system; 
  6.7      (4) provide for interaction with the computerized driver's 
  6.8   license records of the Department of Public Safety; 
  6.9      (5) allow the offices of all county auditors and the 
  6.10  secretary of state to add, modify, and delete information from 
  6.11  the system to provide for accurate and up-to-date records; 
  6.12     (6) allow the offices of all county auditors and the 
  6.13  Secretary of State's Office to have access to the statewide 
  6.14  registration system for review and search capabilities; 
  6.15     (7) provide security and protection of all information in 
  6.16  the statewide registration system and to ensure that 
  6.17  unauthorized entry is not allowed; 
  6.18     (8) provide a system for each county to identify the 
  6.19  precinct to which a voter should be assigned for voting 
  6.20  purposes; and 
  6.21     (9) prescribe a procedure for the return of completed voter 
  6.22  registration forms from the Department of Public Safety to the 
  6.23  secretary of state or the county auditor. 
  6.24     Sec. 3.  Minnesota Statutes 2002, section 201.061, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [REGISTRATION IN PERSON PRIOR TO ELECTION 
  6.27  DAY.] At any time except during the 20 days immediately 
  6.28  preceding any election, an eligible voter or any individual who 
  6.29  will be an eligible voter at the time of the next election may 
  6.30  register to vote in the precinct in which the voter maintains 
  6.31  residence by completing a registration card voter registration 
  6.32  application as described in section 201.071, subdivision 1, and 
  6.33  submitting it in person or by mail to the county auditor of that 
  6.34  county or to the Secretary of State's Office.  A registration 
  6.35  that is received no later than 5:00 p.m. on the 21st day 
  6.36  preceding any election shall be accepted.  An improperly 
  7.1   addressed or delivered registration card shall be forwarded 
  7.2   within two working days after receipt to the county auditor of 
  7.3   the county where the voter maintains residence.  A state or 
  7.4   local agency or an individual that accepts completed voter 
  7.5   registration cards from a voter must submit the completed cards 
  7.6   to the secretary of state or the appropriate county auditor 
  7.7   within ten days after the cards are dated by the voter. 
  7.8      Sec. 4.  Minnesota Statutes 2002, section 201.061, is 
  7.9   amended by adding a subdivision to read: 
  7.10     Subd. 1a.  [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 
  7.11  any time except during the 20 days immediately preceding any 
  7.12  election, an eligible voter or any individual who will be an 
  7.13  eligible voter at the time of the next election may register to 
  7.14  vote in the precinct in which the voter maintains residence by 
  7.15  completing a voter registration application and submitting it by 
  7.16  mail to the county auditor of that county or to the Secretary of 
  7.17  State's Office.  If the voter has not previously voted in this 
  7.18  state for federal office, the voter must also present, as 
  7.19  described in clauses (1) to (5), a copy of a current and valid 
  7.20  photo identification or a copy of a current utility bill, bank 
  7.21  statement, government check, paycheck, or other government 
  7.22  document that shows the name and address of the voter. 
  7.23     If the county auditor determines that a voter who has 
  7.24  submitted a voter registration application by mail and has not 
  7.25  previously voted in this state for a federal office has also not 
  7.26  presented a copy of a current utility bill, bank statement, 
  7.27  government check, paycheck, or other government document that 
  7.28  shows the name and address of the voter to the auditor, then the 
  7.29  county auditor must notify the voter to complete registration by 
  7.30  using one of the following methods: 
  7.31     (1) present to the auditor more than 20 days before the 
  7.32  election a copy of a current and valid photo identification or a 
  7.33  copy of a current utility bill, bank statement, government 
  7.34  check, paycheck, or other government document that shows the 
  7.35  name and address of the voter; 
  7.36     (2) before voting in person on election day, present to the 
  8.1   election judges in the precinct a current and valid photo 
  8.2   identification or a current utility bill, bank statement, 
  8.3   government check, paycheck, or other government document that 
  8.4   shows the name and address of the voter; 
  8.5      (3) register in person prior to or on election day; 
  8.6      (4) if voting by mail, include a copy of a current and 
  8.7   valid photo identification or a copy of a current utility bill, 
  8.8   bank statement, government check, paycheck, or other government 
  8.9   document that shows the name and address of the voter; or 
  8.10     (5) if voting by mail, follow election day registration 
  8.11  procedures for absentee voters as described in section 203B.04, 
  8.12  subdivision 4. 
  8.13     Sec. 5.  Minnesota Statutes 2002, section 201.061, is 
  8.14  amended by adding a subdivision to read: 
  8.15     Subd. 1b.  [DUTY TO FORWARD.] A registration that is 
  8.16  received no later than 5:00 p.m. on the 21st day preceding any 
  8.17  election must be accepted.  An improperly addressed or delivered 
  8.18  voter registration application must be forwarded within two 
  8.19  working days after receipt to the county auditor of the county 
  8.20  where the voter maintains residence.  A state or local agency or 
  8.21  an individual that accepts completed voter registration 
  8.22  applications from a voter must submit the completed cards to the 
  8.23  secretary of state or the appropriate county auditor within ten 
  8.24  days after the applications are dated by the voter. 
  8.25     Sec. 6.  Minnesota Statutes 2002, section 201.061, 
  8.26  subdivision 3, is amended to read: 
  8.27     Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
  8.28  eligible to vote may register on election day by appearing in 
  8.29  person at the polling place for the precinct in which the 
  8.30  individual maintains residence, by completing a voter 
  8.31  registration card application, making an oath in the form 
  8.32  prescribed by the secretary of state and providing proof of 
  8.33  residence.  An individual may prove identity and residence for 
  8.34  purposes of registering by: 
  8.35     (1) showing a driver's license or Minnesota identification 
  8.36  card issued pursuant to section 171.07; 
  9.1      (2) showing any picture identification document approved by 
  9.2   the secretary of state as proper identification; 
  9.3      (3) showing one of the following: 
  9.4      (i) a current valid student picture identification card 
  9.5   from a post-secondary postsecondary educational institution in 
  9.6   Minnesota, if a list of students from that institution has been 
  9.7   prepared under section 135A.17 and certified to the county 
  9.8   auditor in the manner provided in rules of the secretary of 
  9.9   state; or 
  9.10     (ii) a current student fee statement that contains the 
  9.11  student's valid address in the precinct together with a picture 
  9.12  identification card; 
  9.13     (4) showing a picture identification card or document 
  9.14  listed in clause (1), (2), or (3), and proving current residence 
  9.15  in the precinct by having a voter who is registered to vote in 
  9.16  the precinct sign an oath in the presence of the election judge 
  9.17  vouching that the voter personally knows that the individual is 
  9.18  a resident of the precinct.  A voter who has been vouched for on 
  9.19  election day may not sign a proof of residence oath vouching for 
  9.20  any other individual on that election day; or 
  9.21     (5) for tribal band members living on an Indian 
  9.22  reservation, an individual may prove residence for purposes of 
  9.23  registering by showing an identification card issued by the 
  9.24  tribal government of a tribe recognized by the Bureau of Indian 
  9.25  Affairs, United States Department of the Interior, that contains 
  9.26  the name, street address, signature, and picture of the 
  9.27  individual.  The county auditor of each county having territory 
  9.28  within the reservation shall maintain a record of the number of 
  9.29  election day registrations accepted under this section. 
  9.30     A county, school district, or municipality may require that 
  9.31  an election judge responsible for election day registration 
  9.32  initial each completed registration card. 
  9.33     Sec. 7.  Minnesota Statutes 2002, section 201.071, 
  9.34  subdivision 1, is amended to read: 
  9.35     Subdivision 1.  [FORM.] A voter registration card 
  9.36  application must be of suitable size and weight for mailing and 
 10.1   contain spaces for the following required information:  voter's 
 10.2   first name, middle name, and last name; voter's previous name, 
 10.3   if any; voter's current address; voter's previous address, if 
 10.4   any; voter's date of birth; voter's municipality and county of 
 10.5   residence; voter's telephone number, if provided by the voter; 
 10.6   date of registration; current and valid Minnesota driver's 
 10.7   license number or Minnesota state identification number or, if 
 10.8   the voter has no current and valid Minnesota driver's license or 
 10.9   Minnesota state identification, the last four digits of the 
 10.10  voter's Social Security number; and voter's signature.  The card 
 10.11  voter registration application must also contain a certification 
 10.12  of voter eligibility. 
 10.13     The form of the voter registration card application and the 
 10.14  certification of voter eligibility must be as provided in the 
 10.15  rules of the secretary of state.  Voter registration forms 
 10.16  authorized by the National Voter Registration Act may also be 
 10.17  accepted as valid. 
 10.18     Sec. 8.  Minnesota Statutes 2002, section 201.071, 
 10.19  subdivision 3, is amended to read: 
 10.20     Subd. 3.  [DEFICIENT REGISTRATION.] Except as provided in 
 10.21  subdivision 4a, no registration is deficient if it contains the 
 10.22  voter's name, address, date of birth, current and valid 
 10.23  Minnesota driver's license number or Minnesota state 
 10.24  identification number or, if the voter has no current and valid 
 10.25  Minnesota driver's license or Minnesota state identification, 
 10.26  the last four digits of the voter's Social Security number, 
 10.27  prior registration, if any, and signature.  The absence of a zip 
 10.28  code number does not cause the registration to be deficient.  
 10.29  The election judges shall request an individual to correct 
 10.30  a voter registration card application if it is deficient or 
 10.31  illegible or if the name or number of the voter's school 
 10.32  district is missing or obviously incorrect.  No eligible voter 
 10.33  may be prevented from voting unless the voter's 
 10.34  registration card application is deficient or the voter is duly 
 10.35  and successfully challenged in accordance with section 201.195 
 10.36  or 204C.12. 
 11.1      A registration card accepted prior to August 1, 1983, is 
 11.2   not deficient for lack of date of birth.  The county or 
 11.3   municipality may attempt to obtain the date of birth for a 
 11.4   registration card accepted prior to August 1, 1983, by a request 
 11.5   to the voter at any time except at the polling place.  Failure 
 11.6   by the voter to comply with this request does not make the 
 11.7   registration deficient.  
 11.8      A registration card accepted before January 1, 2004, is not 
 11.9   deficient for lack of a valid driver's license number, Minnesota 
 11.10  identification card number, or last four digits of a Social 
 11.11  Security number.  A county or municipality may attempt to obtain 
 11.12  this information for a registration card accepted before January 
 11.13  1, 2004, by a request to the voter at any time except at the 
 11.14  polling place.  Failure by the voter to comply with this request 
 11.15  does not make the registration deficient. 
 11.16     Sec. 9.  Minnesota Statutes 2002, section 201.071, is 
 11.17  amended by adding a subdivision to read: 
 11.18     Subd. 4a.  [DEFICIENT IDENTIFICATION OR RESIDENCE 
 11.19  INFORMATION.] The voter registration for a voter described in 
 11.20  section 201.061, subdivision 1a, who has not provided a copy of 
 11.21  a current and valid photo identification or a copy of a current 
 11.22  utility bill, bank statement, government check, paycheck, or 
 11.23  other government document that shows the name and address of the 
 11.24  voter to the county auditor must be considered deficient until 
 11.25  remedied by the voter in the manner described in section 
 11.26  201.061, subdivision 1a. 
 11.27     Sec. 10.  Minnesota Statutes 2002, section 201.091, 
 11.28  subdivision 1, is amended to read: 
 11.29     Subdivision 1.  [MASTER LIST.] Each county auditor shall 
 11.30  prepare and maintain a current list of registered voters in each 
 11.31  precinct in the county which is known as the master list.  The 
 11.32  master list must be created by entering each completed voter 
 11.33  registration card application received by the county auditor 
 11.34  into the statewide registration system.  It must show the name, 
 11.35  residence address, and date of birth of each voter registered in 
 11.36  the precinct.  The information contained in the master list may 
 12.1   only be made available to public officials for purposes related 
 12.2   to election administration, jury selection, and in response to a 
 12.3   law enforcement inquiry concerning a violation of or failure to 
 12.4   comply with any criminal statute or state or local tax statute.  
 12.5   If a copy of the master list is provided to a public official 
 12.6   for jury selection or in response to a law enforcement inquiry 
 12.7   described in this subdivision, the list may not include the 
 12.8   final four digits of the Social Security number of any voter. 
 12.9      Sec. 11.  Minnesota Statutes 2002, section 201.091, is 
 12.10  amended by adding a subdivision to read: 
 12.11     Subd. 1a.  [POLLING PLACE ROSTER.] A polling place roster 
 12.12  produced from data maintained in the statewide voter 
 12.13  registration file may not include the final four digits of the 
 12.14  Social Security number of any voter. 
 12.15     Sec. 12.  Minnesota Statutes 2002, section 201.091, 
 12.16  subdivision 4, is amended to read: 
 12.17     Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
 12.18  shall make available for inspection a public information list 
 12.19  which must contain the name, address, year of birth, and voting 
 12.20  history of each registered voter in the county.  The telephone 
 12.21  number must be included on the list if provided by the voter.  
 12.22  The public information list may also include information on 
 12.23  voting districts.  The list must not contain the final four 
 12.24  digits of the Social Security number of any voter.  The county 
 12.25  auditor may adopt reasonable rules governing access to the 
 12.26  list.  No individual inspecting the public information list 
 12.27  shall tamper with or alter it in any manner.  No individual who 
 12.28  inspects the public information list or who acquires a list of 
 12.29  registered voters prepared from the public information list may 
 12.30  use any information contained in the list for purposes unrelated 
 12.31  to elections, political activities, or law enforcement.  The 
 12.32  secretary of state may provide copies of the public information 
 12.33  lists and other information from the statewide registration 
 12.34  system for uses related to elections, political activities, or 
 12.35  in response to a law enforcement inquiry from a public official 
 12.36  concerning a failure to comply with any criminal statute or any 
 13.1   state or local tax statute. 
 13.2      Before inspecting the public information list or obtaining 
 13.3   a list of voters or other information from the list, the 
 13.4   individual shall provide identification to the public official 
 13.5   having custody of the public information list and shall state in 
 13.6   writing that any information obtained from the list will not be 
 13.7   used for purposes unrelated to elections, political activities, 
 13.8   or law enforcement.  Requests to examine or obtain information 
 13.9   from the public information lists or the statewide registration 
 13.10  system must be made and processed in the manner provided in the 
 13.11  rules of the secretary of state. 
 13.12     Upon receipt of a written request and a copy of the court 
 13.13  order, the secretary of state may must withhold from the public 
 13.14  information list the name of any registered voter placed under 
 13.15  court-ordered protection. 
 13.16     Sec. 13.  Minnesota Statutes 2002, section 201.091, 
 13.17  subdivision 5, is amended to read: 
 13.18     Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
 13.19  auditors and the secretary of state shall provide paper copies 
 13.20  of the public information lists and may provide the lists in 
 13.21  some other form in electronic or other media to any voter 
 13.22  registered in Minnesota within ten days of receiving a written 
 13.23  request accompanied by payment of the cost of reproduction.  The 
 13.24  county auditors and the secretary of state shall make a copy of 
 13.25  the list available for public inspection without cost.  An 
 13.26  individual who inspects or acquires a copy of a public 
 13.27  information list may not use any information contained in it for 
 13.28  purposes unrelated to elections, political activities, or law 
 13.29  enforcement.  No list made available for public inspection or 
 13.30  purchase may include the date of birth of a registered voter. 
 13.31     Sec. 14.  Minnesota Statutes 2002, section 201.121, 
 13.32  subdivision 1, is amended to read: 
 13.33     Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] Upon 
 13.34  receiving At the time a voter registration card application is 
 13.35  properly completed and, submitted, and received in accordance 
 13.36  with sections 201.061 and 201.071, the county auditor shall 
 14.1   enter in the information contained on it into the statewide 
 14.2   registration system the information contained on it on an 
 14.3   expedited basis, but no later than 42 days after receipt.  Voter 
 14.4   registration cards applications completed before election day 
 14.5   must be entered into the statewide registration system within 
 14.6   ten days after they have been submitted to the county auditor. 
 14.7      Upon receiving a completed voter registration card or form 
 14.8   application, the secretary of state may electronically transmit 
 14.9   the information on the card or form application to the 
 14.10  appropriate county auditor as soon as possible for review by the 
 14.11  county auditor before final entry into the statewide 
 14.12  registration system.  The secretary of state may mail the 
 14.13  registration card application or form to the county auditor.  
 14.14     Sec. 15.  Minnesota Statutes 2002, section 201.13, 
 14.15  subdivision 1, is amended to read: 
 14.16     Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
 14.17  DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 
 14.18  2002, Public Law 107-252, the commissioner of health shall 
 14.19  report monthly by electronic means to the secretary of state the 
 14.20  name, address, date of birth, and county of residence of each 
 14.21  individual 18 years of age or older who has died while 
 14.22  maintaining residence in Minnesota since the last previous 
 14.23  report.  The secretary of state may designate the county auditor 
 14.24  to modify the statewide voter registration system in response to 
 14.25  this report, in which case the secretary of state shall 
 14.26  determine if any of the persons listed in the report are 
 14.27  registered to vote and shall prepare a list of those registrants 
 14.28  for each county auditor.  Within 60 days after receiving the 
 14.29  list from the secretary of state, the county auditor shall 
 14.30  change the status of those registrants to "deceased" in the 
 14.31  statewide registration system. 
 14.32     Sec. 16.  Minnesota Statutes 2002, section 201.15, as 
 14.33  amended by Laws 2003, chapter 12, article 2, section 3, is 
 14.34  amended to read: 
 14.35     201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
 14.36  COMMITMENTS.] 
 15.1      Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
 15.2   to the Help America Vote Act of 2002, Public Law 107-252, the 
 15.3   state court administrator shall report monthly to the secretary 
 15.4   of state the name, address, and date of birth of each individual 
 15.5   18 years of age or over, who during the month preceding the date 
 15.6   of the report:  
 15.7      (a) was placed under a guardianship of the person in which 
 15.8   the court order provides that the ward does not retain the right 
 15.9   to vote; or 
 15.10     (b) was adjudged legally incompetent. 
 15.11     The court administrator shall also report the same 
 15.12  information for each individual transferred to the jurisdiction 
 15.13  of the court who meets a condition specified in clause (a) or 
 15.14  (b).  The secretary of state may designate the county auditor to 
 15.15  modify the statewide voter registration system in response to 
 15.16  this report, in which case the secretary of state shall 
 15.17  determine if any of the persons in the report is registered to 
 15.18  vote and shall prepare a list of those registrants for the 
 15.19  county auditor.  The county auditor shall change the status on 
 15.20  the record in the statewide registration system of any 
 15.21  individual named in the report to indicate that the individual 
 15.22  is not eligible to reregister or vote. 
 15.23     Subd. 2.  [RESTORATION TO CAPACITY.] Pursuant to the Help 
 15.24  America Vote Act of 2002, Public Law 107-252, the state court 
 15.25  administrator shall report monthly by electronic means to the 
 15.26  secretary of state the name, address, and date of birth of each 
 15.27  individual transferred from guardianship to conservatorship or 
 15.28  who is restored to capacity by the court after being ineligible 
 15.29  to vote for any of the reasons specified in subdivision 1.  The 
 15.30  secretary of state may designate the county auditor to modify 
 15.31  the statewide voter registration system in response to this 
 15.32  report, in which case the secretary of state shall determine if 
 15.33  any of the persons in the report is registered to vote and shall 
 15.34  prepare a list of those registrants for the county auditor.  The 
 15.35  county auditor shall change the status on the voter's record in 
 15.36  the statewide registration system to "active."  
 16.1      Sec. 17.  Minnesota Statutes 2002, section 201.155, is 
 16.2   amended to read: 
 16.3      201.155 [REPORT ON FELONY CONVICTIONS.] 
 16.4      Pursuant to the Help America Vote Act of 2002, Public Law 
 16.5   107-252, the state court administrator shall report at least 
 16.6   monthly by electronic means to the secretary of state the name, 
 16.7   address, final four digits of the voter's Social Security number 
 16.8   (or the statement "NONE" if the voter has no Social Security 
 16.9   number), date of birth, date of sentence, effective date of the 
 16.10  sentence, and county in which the conviction occurred of each 
 16.11  person who has been convicted of a felony.  The state court 
 16.12  administrator shall also report the name, address, final four 
 16.13  digits of the voter's Social Security number (or the statement 
 16.14  "NONE" if the voter has no Social Security number), and date of 
 16.15  birth of each person previously convicted of a felony whose 
 16.16  civil rights have been restored.  The secretary of state may 
 16.17  designate the county auditor to modify the statewide voter 
 16.18  registration system in response to this report, in which case 
 16.19  the secretary of state shall determine if any of the persons in 
 16.20  the report is registered to vote and shall prepare forward a 
 16.21  list of those registrants for individuals to each county 
 16.22  auditor.  The county auditor shall determine if any person 
 16.23  identified in the report as a resident of the county is 
 16.24  registered to vote in the county and change the status of those 
 16.25  registrants each registrant in the appropriate manner in the 
 16.26  statewide registration system. 
 16.27     Sec. 18.  Minnesota Statutes 2002, section 201.161, is 
 16.28  amended to read: 
 16.29     201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
 16.30  APPLICATIONS.] 
 16.31     The Department of Public Safety shall change its 
 16.32  applications for an original, duplicate, or change of address 
 16.33  driver's license or identification card so that the forms may 
 16.34  also serve as voter registration cards applications.  The forms 
 16.35  must contain spaces for the information required in section 
 16.36  201.071, subdivision 1, and applicable rules of the secretary of 
 17.1   state.  Applicants for driver's licenses or identification cards 
 17.2   must be asked if they want to register to vote at the same 
 17.3   time and that information must be transmitted at least weekly by 
 17.4   electronic means to the secretary of state.  A copy of each 
 17.5   application containing a completed voter registration must be 
 17.6   sent to the county auditor of the county in which the voter 
 17.7   maintains residence or to the secretary of state as soon as 
 17.8   possible.  Pursuant to the Help America Vote Act of 2002, Public 
 17.9   Law 107-252, the computerized driver's license record 
 17.10  information relating to containing the voter's name, address, 
 17.11  date of birth, driver's license number or Minnesota 
 17.12  identification card number, county, town, and city must be made 
 17.13  available for access by the secretary of state and interaction 
 17.14  with the statewide voter registration system.  
 17.15     Sec. 19.  [201.1615] [INFORMATION SHARING; USE OF SOCIAL 
 17.16  SECURITY NUMBER.] 
 17.17     The secretary of state shall enter into an agreement with 
 17.18  the Department of Public Safety to match information in the 
 17.19  statewide voter registration system with information in the 
 17.20  Department of Public Safety database to verify the accuracy of 
 17.21  the information provided on applications for voter registrations.
 17.22     The commissioner of public safety shall enter into an 
 17.23  agreement with the commissioner of the United States Social 
 17.24  Security Administration under section 205(r)(8) of the Social 
 17.25  Security Act to allow the use of the last four digits of the 
 17.26  Social Security number to be used to verify voter registration 
 17.27  information, to ensure the maintenance of the confidentiality of 
 17.28  any applicable information disclosed, and to establish 
 17.29  procedures to permit the department to use the information for 
 17.30  purposes of maintaining its records.  
 17.31     Sec. 20.  Minnesota Statutes 2002, section 201.171, is 
 17.32  amended to read: 
 17.33     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 17.34  REGISTRATION REMOVED.] 
 17.35     Within six weeks after every election, the county auditor 
 17.36  shall post the voting history for every person who voted in the 
 18.1   election.  After the close of the calendar year, the secretary 
 18.2   of state shall determine if any registrants have not voted 
 18.3   during the preceding four years and.  The secretary of state 
 18.4   shall change perform list maintenance by changing the status of 
 18.5   those registrants to "inactive" in the statewide registration 
 18.6   system.  The list maintenance performed must be conducted in a 
 18.7   manner that ensures that the name of each registered voter 
 18.8   appears in the official list of eligible voters in the statewide 
 18.9   registration system.  Only voters who are not registered or who 
 18.10  are not eligible to vote must be removed from the official list 
 18.11  of eligible voters.  List maintenance must include procedures 
 18.12  for eliminating duplicate names from the official list of 
 18.13  eligible voters.  
 18.14     The secretary of state shall also prepare a report to the 
 18.15  county auditor containing the names of all registrants whose 
 18.16  status was changed to "inactive." 
 18.17     Although not counted in an election, a late absentee ballot 
 18.18  must be considered a vote for the purpose of continuing 
 18.19  registration.  
 18.20     Sec. 21.  Minnesota Statutes 2002, section 201.221, 
 18.21  subdivision 2, is amended to read: 
 18.22     Subd. 2.  [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 
 18.23  of state shall assist local election officers by devising 
 18.24  uniform forms and procedures.  The secretary of state shall 
 18.25  provide uniform rules for maintaining voter registration records 
 18.26  on the statewide registration system.  The secretary of state 
 18.27  shall supervise the development and use of the statewide 
 18.28  registration system to insure that it conforms to applicable 
 18.29  federal and state laws and rules.  
 18.30     Sec. 22.  Minnesota Statutes 2002, section 201.221, 
 18.31  subdivision 3, is amended to read: 
 18.32     Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
 18.33  secretary of state shall prescribe the form of polling place 
 18.34  rosters that include the voter's name, address, date of birth, 
 18.35  school district number, and space for the voter's signature, and 
 18.36  any other information prescribed by the secretary of state 
 19.1   necessary to permit election judges to perform duties required 
 19.2   by law.  The polling place roster must be used to indicate 
 19.3   whether the voter has voted in a given election.  The secretary 
 19.4   of state shall prescribe procedures for transporting the polling 
 19.5   place rosters to the election judges for use on election day.  
 19.6   The secretary of state shall prescribe the form for a county or 
 19.7   municipality to request the date of birth from currently 
 19.8   registered voters.  The county or municipality shall not request 
 19.9   the date of birth from currently registered voters by any 
 19.10  communication other than the prescribed form and the form must 
 19.11  clearly indicate that a currently registered voter does not lose 
 19.12  registration status by failing to provide the date of birth.  In 
 19.13  accordance with section 204B.40, the county auditor shall retain 
 19.14  the prescribed polling place rosters used on the date of 
 19.15  election for one year 22 months following the election.  
 19.16     Sec. 23.  Minnesota Statutes 2002, section 203B.06, 
 19.17  subdivision 4, is amended to read: 
 19.18     Subd. 4.  [REGISTRATION CHECK.] Upon receipt of an 
 19.19  application for ballots, the county auditor, municipal clerk, or 
 19.20  election judge acting pursuant to section 203B.11, who receives 
 19.21  the application shall determine whether the applicant is a 
 19.22  registered voter.  If the applicant is not registered to vote, 
 19.23  the county auditor, municipal clerk, or election judge shall 
 19.24  include a voter registration card application among the election 
 19.25  materials provided to the applicant.  
 19.26     If the voter record in the statewide system indicates that 
 19.27  the voter's registration is deficient under section 201.071, 
 19.28  subdivision 4a, the county auditor, municipal clerk, or election 
 19.29  judge shall include instructions for the voter to complete the 
 19.30  registration by one of the methods prescribed in section 
 19.31  201.061, subdivision 1a.  The secretary of state shall publish 
 19.32  sample instructions and materials to comply with this 
 19.33  subdivision. 
 19.34     Sec. 24.  Minnesota Statutes 2002, section 203B.08, 
 19.35  subdivision 3, is amended to read: 
 19.36     Subd. 3.  [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 
 20.1   ballots are returned to a county auditor or municipal clerk, 
 20.2   that official shall stamp and date the return envelope with an 
 20.3   official seal of the office and place it in a secure location 
 20.4   with other return envelopes received by that office.  The county 
 20.5   auditor or municipal clerk shall deliver them to the appropriate 
 20.6   election judges on election day all ballots received before or 
 20.7   with the last mail delivery by the United States Postal Service 
 20.8   on election day.  A town clerk may request the United States 
 20.9   Postal Service to deliver absentee ballots to the polling place 
 20.10  on election day instead of to the official address of the town 
 20.11  clerk.  
 20.12     Sec. 25.  Minnesota Statutes 2002, section 203B.12, 
 20.13  subdivision 2, is amended to read: 
 20.14     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
 20.15  election judges shall examine each return envelope and shall 
 20.16  mark it accepted or rejected in the manner provided in this 
 20.17  subdivision.  If a ballot has been prepared under section 
 20.18  204B.12, subdivision 2a, or 204B.41, the election judges shall 
 20.19  not begin removing ballot envelopes from the return envelopes 
 20.20  until 8:00 p.m. on election day, either in the polling place or 
 20.21  at an absentee ballot board established under section 203B.13. 
 20.22     The election judges shall mark the return envelope 
 20.23  "Accepted" and initial or sign the return envelope below the 
 20.24  word "Accepted" if the election judges or a majority of them are 
 20.25  satisfied that:  
 20.26     (1) the voter's name and address on the return envelope are 
 20.27  the same as the information provided on the absentee ballot 
 20.28  application; 
 20.29     (2) the voter's signature on the return envelope is the 
 20.30  genuine signature of the individual who made the application for 
 20.31  ballots and the certificate has been completed as prescribed in 
 20.32  the directions for casting an absentee ballot; 
 20.33     (3) the voter is registered and eligible to vote in the 
 20.34  precinct or has included a properly completed voter registration 
 20.35  card application in the return envelope, or has submitted 
 20.36  documentation from the list provided in section 201.061, 
 21.1   subdivision 1a, clause (4), to complete a registration that is 
 21.2   deficient under section 201.071, subdivision 4a; and 
 21.3      (4) the voter has not already voted at that election, 
 21.4   either in person or by absentee ballot.  
 21.5      The return envelope from accepted ballots must be preserved 
 21.6   and returned to the county auditor.  
 21.7      If all or a majority of the election judges examining 
 21.8   return envelopes find that an absent voter has failed to meet 
 21.9   one of the requirements prescribed in clauses (1) to (4), they 
 21.10  shall mark the return envelope "Rejected," initial or sign it 
 21.11  below the word "Rejected," and return it to the county auditor.  
 21.12     Sec. 26.  Minnesota Statutes 2002, section 203B.16, is 
 21.13  amended by adding a subdivision to read: 
 21.14     Subd. 4.  [DESIGNATION OF OFFICE.] The Office of the 
 21.15  Secretary of State is responsible for providing information 
 21.16  regarding voter registration and absentee balloting procedures 
 21.17  to be used by absent uniformed services voters, their spouses 
 21.18  and dependents, and voters overseas. 
 21.19     Sec. 27.  Minnesota Statutes 2002, section 203B.17, is 
 21.20  amended to read: 
 21.21     203B.17 [APPLICATION FOR BALLOT.] 
 21.22     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
 21.23  application for absentee ballots for a voter described in 
 21.24  section 203B.16 may be submitted in writing or by electronic 
 21.25  facsimile device, or by electronic mail upon determination by 
 21.26  the secretary of state that security concerns have been 
 21.27  adequately addressed.  An application for absentee ballots for a 
 21.28  voter described in section 203B.16 may be submitted by that 
 21.29  voter or by that voter's parent, spouse, sister, brother, or 
 21.30  child over the age of 18 years.  For purposes of an application 
 21.31  under this subdivision, a person's Social Security number, no 
 21.32  matter how it is designated, qualifies as the person's military 
 21.33  identification number if the person is in the military. 
 21.34     (b) An application for a voter described in section 
 21.35  203B.16, subdivision 1, shall be submitted to the county auditor 
 21.36  of the county where the voter maintains residence. 
 22.1      (c) An application for a voter described in section 
 22.2   203B.16, subdivision 2, shall be submitted to the county auditor 
 22.3   of the county where the voter last maintained residence in 
 22.4   Minnesota. 
 22.5      (d) An application for absentee ballots for a primary shall 
 22.6   also constitute an application for absentee ballots for any 
 22.7   ensuing be valid for any primary, special primary, general 
 22.8   election, or special election conducted during the same calendar 
 22.9   year in which from the time the application is received through 
 22.10  the next two regularly scheduled general elections for federal 
 22.11  office held after the date on which the application is received. 
 22.12     (e) There shall be no limitation of time for filing and 
 22.13  receiving applications for ballots under sections 203B.16 to 
 22.14  203B.27.  
 22.15     Subd. 2.  [REQUIRED INFORMATION.] An application shall be 
 22.16  accepted if it contains the following information stated under 
 22.17  oath:  
 22.18     (a) The voter's name, birthdate, and present address of 
 22.19  residence in Minnesota, or former address of residence in 
 22.20  Minnesota if the voter is living permanently outside the United 
 22.21  States; 
 22.22     (b) A statement indicating that the voter is in the 
 22.23  military, or is the spouse or dependent of an individual serving 
 22.24  in the military, or is temporarily outside the territorial 
 22.25  limits of the United States, or is living permanently outside 
 22.26  the territorial limits of the United States and voting under 
 22.27  federal law; 
 22.28     (c) A statement that the voter expects to be absent from 
 22.29  the precinct at the time of the election; 
 22.30     (d) The address to which absentee ballots are to be mailed; 
 22.31     (e) The voter's signature or the signature and relationship 
 22.32  of the individual authorized to apply on the voter's behalf; and 
 22.33     (f) The voter's military identification card number, 
 22.34  passport number, or, if the voter does not have a valid passport 
 22.35  or identification card, the signed statement of an individual 
 22.36  authorized to administer oaths or a commissioned or 
 23.1   noncommissioned officer of the military not below the rank of 
 23.2   sergeant or its equivalent, certifying that the voter or other 
 23.3   individual requesting absentee ballots has attested to the 
 23.4   truthfulness of the contents of the application under oath.  
 23.5      The oath taken must be the standard oath prescribed by 
 23.6   section 101(b)(7) of the Uniformed and Overseas Citizens 
 23.7   Absentee Voting Act.  
 23.8      A form for providing this information shall be prepared by 
 23.9   each county auditor and shall be furnished to individuals who 
 23.10  request it pursuant to this section.  
 23.11     Sec. 28.  Minnesota Statutes 2002, section 203B.19, is 
 23.12  amended to read: 
 23.13     203B.19 [RECORDING APPLICATIONS.] 
 23.14     Upon accepting an application, the county auditor shall 
 23.15  record in the statewide registration system the voter's name, 
 23.16  address of present or former residence in Minnesota, mailing 
 23.17  address, school district number, and the category under section 
 23.18  203B.16, to which the voter belongs whether the voter is in the 
 23.19  military or the spouse or dependent of an individual serving in 
 23.20  the military, is a voter temporarily outside the territorial 
 23.21  limits of the United States, or is living permanently outside 
 23.22  the territorial limits of the United States and voting under 
 23.23  federal law.  The county auditor shall retain the record 
 23.24  for four six years.  A voter whose name is recorded as provided 
 23.25  in this section shall not be required to register under any 
 23.26  other provision of law in order to vote under sections 203B.16 
 23.27  to 203B.27.  Persons from whom applications are not accepted 
 23.28  must be notified by the county auditor and provided with the 
 23.29  reasons for the rejection. 
 23.30     No later than 60 days after the general election, the 
 23.31  county auditor shall report to the secretary of state the 
 23.32  combined number of absentee ballots transmitted to absent voters 
 23.33  described in section 203B.16.  No later than 60 days after the 
 23.34  general election, the county auditor shall report to the 
 23.35  secretary of state the combined number of absentee ballots 
 23.36  returned and cast by absent voters described in section 
 24.1   203B.16.  The secretary of state may require the information be 
 24.2   reported by category under section 203B.16 or by precinct. 
 24.3      No later than 90 days after the general election, the 
 24.4   secretary of state shall report to the federal Election 
 24.5   Assistance Commission the number of absentee ballots transmitted 
 24.6   to voters under section 203B.16. 
 24.7      Sec. 29.  Minnesota Statutes 2002, section 203B.24, 
 24.8   subdivision 2, is amended to read: 
 24.9      Subd. 2.  [VOTING MORE THAN ONCE.] The election judges 
 24.10  shall compare the voter's name with the names appearing on their 
 24.11  copy of the application records to insure that the voter has not 
 24.12  already returned a ballot in the election.  The election judges 
 24.13  must indicate on the record whether an absentee ballot was 
 24.14  accepted for each applicant whose name appears on the record.  
 24.15  If a voter whose application has been recorded under section 
 24.16  203B.19 casts a ballot in person on election day, no absentee 
 24.17  ballot shall be counted for that voter.  If more than one return 
 24.18  envelope is received from a voter whose application has been 
 24.19  recorded under section 203B.19, the ballots in the return 
 24.20  envelope bearing the latest date shall be counted and the 
 24.21  uncounted ballots shall be returned by the election judges with 
 24.22  the rejected ballots.  The election judges must preserve the 
 24.23  record and return it to the county auditor or municipal clerk 
 24.24  with the election day materials. 
 24.25     Sec. 30.  Minnesota Statutes 2002, section 203B.26, is 
 24.26  amended to read: 
 24.27     203B.26 [SEPARATE RECORD.] 
 24.28     A separate record of the ballots of absent voters cast 
 24.29  under sections 203B.16 to 203B.27 shall must be kept in each 
 24.30  precinct.  The content of the record must be in a form 
 24.31  prescribed by the secretary of state. 
 24.32     Sec. 31.  Minnesota Statutes 2002, section 204B.47, is 
 24.33  amended to read: 
 24.34     204B.47 [ALTERNATE ALTERNATIVE ELECTION PROCEDURES; DUTIES 
 24.35  OF SECRETARY OF STATE.] 
 24.36     When a provision of the Minnesota Election Law cannot be 
 25.1   implemented as a result of an order of a state or federal court, 
 25.2   the secretary of state shall adopt alternate alternative 
 25.3   election procedures to permit the administration of any election 
 25.4   affected by the order.  The procedures may include the voting 
 25.5   and handling of ballots cast after 8:00 p.m. as a result of a 
 25.6   state or federal court order or any other order extending the 
 25.7   time established by law for closing the polls.  The alternate 
 25.8   alternative election procedures remain in effect until the first 
 25.9   day of July following the next succeeding final adjournment of 
 25.10  the legislature, unless otherwise provided by law or by court 
 25.11  order. 
 25.12     Sec. 32.  Minnesota Statutes 2002, section 204C.10, is 
 25.13  amended to read: 
 25.14     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
 25.15  REGISTRATION.] 
 25.16     (a) An individual seeking to vote shall sign a polling 
 25.17  place roster which states that the individual is at least 18 
 25.18  years of age, a citizen of the United States, has resided in 
 25.19  Minnesota for 20 days immediately preceding the election, 
 25.20  certifies residence at the address shown, is not under 
 25.21  guardianship of the person in which the court order provides 
 25.22  that the ward does not retain the right to vote, has not been 
 25.23  found by a court of law to be legally incompetent to vote or 
 25.24  convicted of a felony without having civil rights restored, is 
 25.25  registered and has not already voted in the election.  
 25.26     (b) A judge may, before the applicant signs the roster, 
 25.27  confirm the applicant's name, address, and date of birth.  
 25.28     (c) After the applicant signs the roster, the judge shall 
 25.29  give the applicant a voter's receipt.  The voter shall deliver 
 25.30  the voter's receipt to the judge in charge of ballots as proof 
 25.31  of the voter's right to vote, and thereupon the judge shall hand 
 25.32  to the voter the ballot.  The voters' receipts must be 
 25.33  maintained during the time for notice of filing an election 
 25.34  contest.  
 25.35     (d) Any voter who registered by mail, who has not 
 25.36  previously voted in Minnesota for a federal office, and who has 
 26.1   not previously presented identification or documentation as 
 26.2   provided in section 201.061, subdivision 1a, must present 
 26.3   identification to the election judge before signing the roster.  
 26.4   If the voter is unable to present identification from the list 
 26.5   provided in section 201.061, subdivision 1a, the voter must be 
 26.6   directed to register using the election procedures in section 
 26.7   201.061, subdivision 3. 
 26.8      Sec. 33.  [204C.42] [RULES; VOTE COUNTING STANDARDS.] 
 26.9      The secretary of state shall adopt permanent rules to 
 26.10  establish uniform and nondiscriminatory standards of what 
 26.11  constitutes a vote for each method of voting and each type of 
 26.12  voting system approved for use in the state.  The rules must 
 26.13  provide for an accurate determination of votes based on the 
 26.14  requirements of section 204C.22, objective evidence, the form of 
 26.15  ballots approved for use in this state, and the manner of 
 26.16  counting used for each vote. 
 26.17     Sec. 34.  [204C.50] [POSTELECTION SECURITY AND 
 26.18  CERTIFICATION REVIEW.] 
 26.19     Subdivision 1.  [SELECTION FOR REVIEW; NOTICE.] (a) The 
 26.20  Office of the Secretary of State shall, within three days after 
 26.21  each state general election beginning in 2006, randomly select 
 26.22  80 precincts for postelection review as defined in this 
 26.23  section.  The precincts must be selected so that an equal number 
 26.24  of precincts are selected in each congressional district of the 
 26.25  state.  Of the precincts in each congressional district, at 
 26.26  least five must have had more than 500 votes cast, and at least 
 26.27  two must have had fewer than 500 votes cast.  The secretary of 
 26.28  state must promptly provide notices of which precincts are 
 26.29  chosen to the election administration officials who are 
 26.30  responsible for the conduct of elections in those precincts. 
 26.31     (b) One week before the state general election beginning in 
 26.32  2006, the secretary of state must post on the office Web site 
 26.33  the date, time, and location at which precincts will be randomly 
 26.34  chosen for review under this section.  The chair of each major 
 26.35  political party may appoint a designee to observe the random 
 26.36  selection process. 
 27.1      Subd. 2.  [SCOPE AND CONDUCT OF THE REVIEW.] Each review 
 27.2   must consist of at least the following: 
 27.3      (a) The election officials immediately responsible for a 
 27.4   precinct chosen for review must conduct the following review and 
 27.5   submit the results in writing to the state canvassing board 
 27.6   before it meets to canvass the election: 
 27.7      (1) a hand tally of the paper ballots, of whatever kind 
 27.8   used in that precinct, for each contested election; 
 27.9      (2) a recount using the actual machine and software used on 
 27.10  election day, if a precinct-count or central-count automated 
 27.11  voting system was used; and 
 27.12     (3) a comparison of the hand tally with the reported 
 27.13  results for the precinct in the county canvassing board report, 
 27.14  as well as the actual tape of any automated tabulation produced 
 27.15  by any precinct-count or central-count optical scan equipment 
 27.16  that may have been used to tabulate votes cast in that precinct. 
 27.17     (b) The staff of the Office of the Secretary of State shall 
 27.18  conduct or directly supervise a review of the procedures used by 
 27.19  the election officials at all levels for a precinct chosen for 
 27.20  review, including an inspection of the materials retained for 
 27.21  the official 22-month retention period, such as the rosters, the 
 27.22  incident log, and the ballots themselves.  The staff must submit 
 27.23  a written report to the secretary of state before the next 
 27.24  regularly scheduled meeting of the State Canvassing Board. 
 27.25     Subd. 3.  [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 
 27.26  EQUIPMENT.] Each comparison of the precinct-count or 
 27.27  central-count tabulating equipment system with the review 
 27.28  described in subdivision 2, paragraph (a), must be accurate to 
 27.29  within one-half of one percent variation for each contested 
 27.30  election.  If any review conducted under subdivision 2, 
 27.31  paragraph (a), reveals a discrepancy greater than one-half of 
 27.32  one percent, the Office of the Secretary of State shall as soon 
 27.33  as practicable conduct an additional review of at least ten 
 27.34  percent of the tabulating equipment used in the jurisdiction of 
 27.35  the election for which the discrepancy was discovered.  If this 
 27.36  review results in a discrepancy greater than the one-half 
 28.1   percent standard, the Office of the Secretary of State must 
 28.2   conduct a complete audit of the election for which the 
 28.3   discrepancy was discovered.  If a complete audit must be 
 28.4   conducted, the results of the audit must be used by the 
 28.5   canvassing board in making its report and determinations of 
 28.6   persons elected and propositions rejected or approved.  If a 
 28.7   voting system is found to have failed to record votes in a 
 28.8   manner that indicates electronic operational failure, the 
 28.9   canvassing board must use the voter-verifiable audit records to 
 28.10  determine the votes cast on the system, unless the audit records 
 28.11  were also impaired by the operational failure of the voting 
 28.12  machine.  Notwithstanding section 204C.33, subdivision 3, the 
 28.13  result of any election subject to this audit must not be 
 28.14  declared until the audit is completed. 
 28.15     Subd. 4.  [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 
 28.16  JUDGES AND ADMINISTRATORS.] Each comparison of materials and 
 28.17  documents generated in the course of the election in the 
 28.18  selected precinct is expected to reveal no substantive errors 
 28.19  and a minimum of technical issues by election judges and 
 28.20  administrators. 
 28.21     Subd. 5.  [FAILURE TO MEET STANDARDS.] (a) If a voting 
 28.22  system fails to meet the standard set forth in subdivision 3, 
 28.23  the manufacturer of the model of machine in question must obtain 
 28.24  recertification pursuant to section 206.57 and rules adopted 
 28.25  under that section, and is liable for penalties under section 
 28.26  206.66. 
 28.27     (b) If election judges or administrators fail to meet the 
 28.28  standard in subdivision 4, the judges and administrators for the 
 28.29  county where the precinct is located must attend training 
 28.30  designed to eliminate the errors causing the failure.  The 
 28.31  Office of the Secretary of State must consider whether those 
 28.32  errors or issues warrant inclusion in the statewide training 
 28.33  programs conducted by the Office of the Secretary of State. 
 28.34     Subd. 6.  [COSTS OF REVIEW.] The costs of conducting the 
 28.35  review required by this section must be allocated as follows:  
 28.36     (a) The county or municipality responsible for each 
 29.1   precinct selected for review must bear costs incurred under 
 29.2   subdivision 2, paragraph (a).  
 29.3      (b) The secretary of state must bear the costs incurred 
 29.4   under subdivision 2, paragraph (b), and subdivision 3, including 
 29.5   travel, expenses, and staff time of the Office of the Secretary 
 29.6   of State. 
 29.7      Sec. 35.  Minnesota Statutes 2002, section 206.57, is 
 29.8   amended by adding a subdivision to read: 
 29.9      Subd. 5.  [VOTING SYSTEM FOR DISABLED VOTERS.] After 
 29.10  December 31, 2005, the voting method used in each polling place 
 29.11  must include a voting system that is accessible for individuals 
 29.12  with disabilities, including nonvisual accessibility for the 
 29.13  blind and visually impaired in a manner that provides the same 
 29.14  opportunity for access and participation, including privacy and 
 29.15  independence, as for other voters. 
 29.16     Sec. 36.  Minnesota Statutes 2002, section 206.57, is 
 29.17  amended by adding a subdivision to read: 
 29.18     Subd. 6.  [REQUIRED CERTIFICATION.] In addition to the 
 29.19  requirements in subdivision 1, a voting system must be certified 
 29.20  by an independent testing authority approved by the secretary of 
 29.21  state and conform to current standards for voting equipment 
 29.22  issued by the Federal Election Commission or its successor, the 
 29.23  Election Assistance Commission. 
 29.24     Sec. 37.  Minnesota Statutes 2002, section 206.81, is 
 29.25  amended to read: 
 29.26     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
 29.27     (a) The secretary of state may license approve an 
 29.28  electronic voting system for experimental use at an election 
 29.29  prior to its approval for general use. 
 29.30     (b) The secretary of state must license approve one or more 
 29.31  touch-sensitive direct recording electronic voting systems for 
 29.32  experimental use at an election before their approval for 
 29.33  general use and may impose restrictions on their use.  At least 
 29.34  one voting system licensed approved under this paragraph must 
 29.35  permit sighted persons to vote and at least one system must 
 29.36  permit a blind or visually impaired voter to cast a ballot 
 30.1   independently and privately.  
 30.2      (c) Experimental use must be observed by the secretary of 
 30.3   state or the secretary's designee and the results observed must 
 30.4   be considered at any subsequent proceedings for approval for 
 30.5   general use. 
 30.6      (d) The secretary of state may adopt rules consistent with 
 30.7   sections 206.55 to 206.90 relating to experimental use.  The 
 30.8   extent of experimental use must be determined by the secretary 
 30.9   of state. 
 30.10     Sec. 38.  [AGREEMENTS.] 
 30.11     Subdivision 1.  [COMMISSIONER OF HEALTH.] The secretary of 
 30.12  state and the commissioner of health shall determine by mutual 
 30.13  agreement the means to electronically transfer death records 
 30.14  between agency systems. 
 30.15     Subd. 2.  [STATE COURT ADMINISTRATOR.] The secretary of 
 30.16  state and the state court administrator shall determine by 
 30.17  mutual agreement the means to electronically transfer 
 30.18  guardianship and incompetency records and felony conviction 
 30.19  records between agency systems.  
 30.20     Subd. 3.  [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 
 30.21  of public safety and the secretary of state shall determine by 
 30.22  mutual agreement the means to electronically transfer driver's 
 30.23  license records between agency systems. 
 30.24     Sec. 39.  [EFFECTIVE DATE.] 
 30.25     Sections 1 to 38 are effective the day following final 
 30.26  enactment. 
 30.27                             ARTICLE 3
 30.28             ELECTIONS ADMINISTRATION TECHNICAL CHANGES
 30.29     Section 1.  Minnesota Statutes 2002, section 5.08, is 
 30.30  amended to read: 
 30.31     5.08 [LEGISLATIVE MANUAL.] 
 30.32     Subdivision 1.  [PREPARATION.] The secretary of state shall 
 30.33  prepare, compile, edit, and distribute for use at each regular 
 30.34  legislative session, a convenient manual, properly indexed, and 
 30.35  containing:  The federal and state constitutions; the acts of 
 30.36  Congress relating to the organization of the territory and 
 31.1   state; the rules of order and joint rules of the two houses, and 
 31.2   lists of their members, committees and employees; the names of 
 31.3   all state officials, whether elected or appointed, and of all 
 31.4   persons holding office from this state under the national 
 31.5   government, including postmasters appointed by the president; 
 31.6   the places where the said several officials reside, and the 
 31.7   annual compensation of each; and statistical and other 
 31.8   information of the kind heretofore published in the legislative 
 31.9   manuals. 
 31.10     Subd. 2.  [DISTRIBUTION.] 15,000 10,000 copies of the 
 31.11  legislative manual shall be printed and distributed as follows: 
 31.12     (1) up to 25 20 copies shall be available to each member of 
 31.13  the legislature on request; 
 31.14     (2) 50 copies to the State Historical Society; 
 31.15     (3) 25 copies to the state university; 
 31.16     (4) 60 copies to the state library; 
 31.17     (5) two copies each to the Library of Congress, the 
 31.18  Minnesota veterans home homes, the state universities, the state 
 31.19  high schools, the public academies, seminaries, and colleges of 
 31.20  the state, and the free public libraries of the state; 
 31.21     (6) one copy each to other state institutions, the elective 
 31.22  state officials, the appointed heads of departments, the 
 31.23  officers and employees of the legislature, the justices of the 
 31.24  Supreme Court, the judges of the Court of Appeals and the 
 31.25  district court, the senators and representatives in Congress 
 31.26  from this state, and the county auditors, recorders, and county 
 31.27  attorneys; 
 31.28     (7) one copy to each public school, to be distributed 
 31.29  through the superintendent of each school district; and 
 31.30     (8) the remainder may be disposed of as the secretary of 
 31.31  state deems best. 
 31.32     Sec. 2.  Minnesota Statutes 2002, section 15.0597, 
 31.33  subdivision 2, is amended to read: 
 31.34     Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
 31.35  agency or the chair's designee, or the appointing authority for 
 31.36  the members of a newly created agency, shall provide the 
 32.1   secretary, on forms in an electronic format prepared and 
 32.2   distributed by the secretary, with the following data pertaining 
 32.3   to that agency: 
 32.4      (1) the name of the agency, its mailing address, and 
 32.5   telephone number; 
 32.6      (2) the legal authority for the creation of the agency and 
 32.7   the name of the person appointing agency members; 
 32.8      (3) the powers and duties of the agency; 
 32.9      (4) the number of authorized members, together with any 
 32.10  prescribed restrictions on eligibility such as employment 
 32.11  experience or geographical representation; 
 32.12     (5) the dates of commencement and expiration of the 
 32.13  membership terms and the expiration date of the agency, if any; 
 32.14     (6) the compensation of members, and appropriations or 
 32.15  other funds available to the agency; 
 32.16     (7) the regular meeting schedule, if any, and approximate 
 32.17  number of hours per month of meetings or other activities 
 32.18  required of members; 
 32.19     (8) the roster of current members, including mailing 
 32.20  addresses, electronic mail addresses, and telephone numbers; and 
 32.21     (9) a breakdown of the membership showing distribution by 
 32.22  county, legislative district, and congressional district, and, 
 32.23  only if the member has voluntarily supplied the information, the 
 32.24  sex, political party preference or lack of party preference, 
 32.25  race, and national origin of the members. 
 32.26     The secretary may provide for require the submission of 
 32.27  data in accordance with this subdivision by electronic means.  
 32.28  The publication requirement under clause (8) may be met by 
 32.29  publishing a member's home or business address and telephone 
 32.30  number, the address and telephone number of the agency to which 
 32.31  the member is appointed, the member's electronic mail address, 
 32.32  if provided, or any other information that would enable the 
 32.33  public to communicate with the member. 
 32.34     Sec. 3.  Minnesota Statutes 2002, section 15.0597, 
 32.35  subdivision 3, is amended to read: 
 32.36     Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
 33.1   state shall provide for annual updating of the required data and 
 33.2   shall annually arrange for the publication in the State Register 
 33.3   on the Web site of the secretary of state of the compiled data 
 33.4   from all agencies on or about October 15 of each year.  Copies 
 33.5   of The compilation must be electronically delivered to the 
 33.6   governor and the legislature.  Paper copies of the compilation 
 33.7   must be made available by the secretary to any interested person 
 33.8   at cost, and copies must be available for viewing by interested 
 33.9   persons.  The chair of an agency who does not submit data 
 33.10  required by this section or who does not notify the secretary of 
 33.11  a vacancy in the agency, is not eligible for a per diem or 
 33.12  expenses in connection with agency service until December 1 of 
 33.13  the following year. 
 33.14     Sec. 4.  Minnesota Statutes 2002, section 15.0597, 
 33.15  subdivision 4, is amended to read: 
 33.16     Subd. 4.  [NOTICE OF VACANCIES.] The chair of an existing 
 33.17  agency, shall notify the secretary by electronic means of a 
 33.18  vacancy scheduled to occur in the agency as a result of the 
 33.19  expiration of membership terms at least 45 days before the 
 33.20  vacancy occurs.  The chair of an existing agency shall 
 33.21  give written electronic notification to the secretary of each 
 33.22  vacancy occurring as a result of newly created agency positions 
 33.23  and of every other vacancy occurring for any reason other than 
 33.24  the expiration of membership terms as soon as possible upon 
 33.25  learning of the vacancy and in any case within 15 days after the 
 33.26  occurrence of the vacancy.  The appointing authority for newly 
 33.27  created agencies shall give written electronic notification to 
 33.28  the secretary of all vacancies in the new agency within 15 days 
 33.29  after the creation of the agency.  The secretary may provide for 
 33.30  require the submission of notices required by this subdivision 
 33.31  by electronic means.  The secretary shall publish monthly in the 
 33.32  State Register on the Web site of the secretary of state a list 
 33.33  of all vacancies of which the secretary has been so notified.  
 33.34  Only one notice of a vacancy shall be so published, unless the 
 33.35  appointing authority rejects all applicants and requests the 
 33.36  secretary to republish the notice of vacancy.  One copy of the 
 34.1   listing shall be made available at the office of the secretary 
 34.2   to any interested person.  The secretary shall distribute by 
 34.3   mail or electronic means copies of the listings to requesting 
 34.4   persons.  The listing for all vacancies scheduled to occur in 
 34.5   the month of January shall be published in the State Register on 
 34.6   the Web site of the secretary of state together with the 
 34.7   compilation of agency data required to be published pursuant to 
 34.8   subdivision 3. 
 34.9      If a vacancy occurs within three months after an 
 34.10  appointment is made to fill a regularly scheduled vacancy, the 
 34.11  appointing authority may, upon notification by electronic means 
 34.12  to the secretary, fill the vacancy by appointment from the list 
 34.13  of persons submitting applications to fill the regularly 
 34.14  scheduled vacancy. 
 34.15     Sec. 5.  Minnesota Statutes 2002, section 15.0597, 
 34.16  subdivision 5, is amended to read: 
 34.17     Subd. 5.  [NOMINATIONS FOR VACANCIES.] Any person may make 
 34.18  a self-nomination for appointment to an agency vacancy by 
 34.19  completing an application on a form prepared and distributed by 
 34.20  the secretary.  The secretary may provide for the submission of 
 34.21  the application by electronic means.  Any person or group of 
 34.22  persons may, on the prescribed application form, nominate 
 34.23  another person to be appointed to a vacancy so long as the 
 34.24  person so nominated consents in writing on the application form 
 34.25  to the nomination.  The application form shall specify the 
 34.26  nominee's name, mailing address, electronic mail address, 
 34.27  telephone number, preferred agency position sought, a statement 
 34.28  that the nominee satisfies any legally prescribed 
 34.29  qualifications, a statement whether the applicant has ever been 
 34.30  convicted of a felony, and any other information the nominating 
 34.31  person feels would be helpful to the appointing authority.  The 
 34.32  nominating person has the option of indicating the nominee's 
 34.33  sex, political party preference or lack thereof, status with 
 34.34  regard to disability, race, and national origin on the 
 34.35  application form.  The application form shall make the option 
 34.36  known.  If a person submits an application at the suggestion of 
 35.1   an appointing authority, the person shall so indicate on the 
 35.2   application form.  Twenty-one days after publication of a 
 35.3   vacancy in the State Register on the Web site of the secretary 
 35.4   of state pursuant to subdivision 4, the secretary shall 
 35.5   submit electronic copies of all applications received for a 
 35.6   position to the appointing authority charged with filling the 
 35.7   vacancy.  If no applications have been received by the secretary 
 35.8   for the vacant position by the date when electronic copies must 
 35.9   be submitted to the appointing authority, the secretary shall so 
 35.10  inform the appointing authority.  Applications received by the 
 35.11  secretary shall be deemed to have expired one year after receipt 
 35.12  of the application.  An application for a particular agency 
 35.13  position shall be deemed to be an application for all vacancies 
 35.14  in that agency occurring prior to the expiration of the 
 35.15  application and shall be public information. 
 35.16     Sec. 6.  Minnesota Statutes 2002, section 15.0597, 
 35.17  subdivision 6, is amended to read: 
 35.18     Subd. 6.  [APPOINTMENTS.] In making an appointment to a 
 35.19  vacant agency position, the appointing authority shall consider 
 35.20  applications for positions in that agency supplied by the 
 35.21  secretary.  No appointing authority may appoint someone to a 
 35.22  vacant agency position until (1) ten days after receipt of the 
 35.23  applications for positions in that agency from the secretary or 
 35.24  (2) receipt of notice from the secretary that no applications 
 35.25  have been received for vacant positions in that agency.  At 
 35.26  least five days before the date of appointment, the appointing 
 35.27  authority shall issue a public announcement and inform the 
 35.28  secretary in writing by electronic means of the name of the 
 35.29  person the appointing authority intends to appoint to fill the 
 35.30  agency vacancy and the expiration date of that person's term.  
 35.31  If the appointing authority intends to appoint a person other 
 35.32  than one for whom an application was submitted pursuant to this 
 35.33  section, the appointing authority shall complete an application 
 35.34  form on behalf of the appointee and submit it to the secretary 
 35.35  indicating on the application that it is submitted by the 
 35.36  appointing authority.  
 36.1      Sec. 7.  Minnesota Statutes 2002, section 15.0597, 
 36.2   subdivision 7, is amended to read: 
 36.3      Subd. 7.  [REPORT.] Together with the compilation required 
 36.4   in subdivision 3, the secretary shall annually deliver to the 
 36.5   governor and the legislature a report in an electronic format 
 36.6   containing the following information: 
 36.7      (1) the number of vacancies occurring in the preceding 
 36.8   year; 
 36.9      (2) the number of vacancies occurring as a result of 
 36.10  scheduled ends of terms, unscheduled vacancies and the creation 
 36.11  of new positions; 
 36.12     (3) breakdowns by county, legislative district, and 
 36.13  congressional district, and, if known, the sex, political party 
 36.14  preference or lack thereof, status with regard to disability, 
 36.15  race, and national origin, for members whose agency membership 
 36.16  terminated during the year and appointees to the vacant 
 36.17  positions; and 
 36.18     (4) the number of vacancies filled from applications 
 36.19  submitted by (i) the appointing authorities for the positions 
 36.20  filled, (ii) nominating persons and self-nominees who submitted 
 36.21  applications at the suggestion of appointing authorities, and 
 36.22  (iii) all others. 
 36.23     Sec. 8.  Minnesota Statutes 2002, section 15.0599, 
 36.24  subdivision 4, is amended to read: 
 36.25     Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
 36.26  appointing authority of a newly established agency or the 
 36.27  authority's designee shall provide the secretary with the 
 36.28  following information: 
 36.29     (1) the name, mailing address, electronic mail address, and 
 36.30  telephone number of the agency; 
 36.31     (2) the legal authority for the establishment of the agency 
 36.32  and the name and the title of the person or persons appointing 
 36.33  agency members; 
 36.34     (3) the powers and duties of the agency and whether the 
 36.35  agency, however designated, is best described by section 15.012, 
 36.36  paragraph (a), (b), (c), (e), or (f); 
 37.1      (4) the number of authorized members, together with any 
 37.2   prescribed restrictions on eligibility; 
 37.3      (5) the roster of current members, including mailing 
 37.4   addresses, electronic mail addresses, and telephone numbers; 
 37.5      (6) a breakdown of the membership showing distribution by 
 37.6   county, legislative district, and congressional district and 
 37.7   compliance with any restrictions listed in accordance with 
 37.8   clause (4); 
 37.9      (7) if any members have voluntarily provided the 
 37.10  information, the sex, age, political preference or lack of 
 37.11  preference, status with regard to disability, race, and national 
 37.12  origin of those members; 
 37.13     (8) the dates of commencement and expiration of membership 
 37.14  terms and the expiration date of the agency, if any; 
 37.15     (9) the compensation of members and appropriations or other 
 37.16  money available to the agency; 
 37.17     (10) the name of the state agency or other entity, if any, 
 37.18  required to provide staff or administrative support to the 
 37.19  agency; 
 37.20     (11) the regular meeting schedule, if any, and the 
 37.21  approximate number of hours a month of meetings or other 
 37.22  activities required of members; and 
 37.23     (12) a brief statement of the goal or purpose of the 
 37.24  agency, along with a summary of what an existing agency has 
 37.25  done, or what a newly established agency plans to do to achieve 
 37.26  its goal or purpose. 
 37.27     The publication requirement under clause (5) may be met by 
 37.28  publishing a member's home or business address and telephone 
 37.29  number, the address and telephone number of the agency to which 
 37.30  the member is appointed, the member's electronic mail address, 
 37.31  or any other information that would enable the public to 
 37.32  communicate with the member. 
 37.33     (b) The chair of an existing agency or the chair's designee 
 37.34  shall provide information, covering the fiscal year in which it 
 37.35  is registering, on the number of meetings it has held, its 
 37.36  expenses, and the number of staff hours, if any, devoted to its 
 38.1   support.  The chair or designee shall also, if necessary, update 
 38.2   any of the information previously provided in accordance with 
 38.3   paragraph (a). 
 38.4      (c) The secretary shall provide electronic forms for the 
 38.5   reporting of information required by this subdivision and 
 38.6   may provide for require reporting by electronic means. 
 38.7      Sec. 9.  Minnesota Statutes 2003 Supplement, section 
 38.8   126C.17, subdivision 9, is amended to read: 
 38.9      Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
 38.10  by section 126C.10, subdivision 1, may be increased in the 
 38.11  amount approved by the voters of the district at a referendum 
 38.12  called for the purpose.  The referendum may be called by the 
 38.13  board or shall be called by the board upon written petition of 
 38.14  qualified voters of the district.  The referendum must be 
 38.15  conducted one or two calendar years before the increased levy 
 38.16  authority, if approved, first becomes payable.  Only one 
 38.17  election to approve an increase may be held in a calendar year.  
 38.18  Unless the referendum is conducted by mail under paragraph (g), 
 38.19  the referendum must be held on the first Tuesday after the first 
 38.20  Monday in November.  The ballot must state the maximum amount of 
 38.21  the increased revenue per resident marginal cost pupil unit, the 
 38.22  estimated referendum tax rate as a percentage of referendum 
 38.23  market value in the first year it is to be levied, and that the 
 38.24  revenue must be used to finance school operations.  The ballot 
 38.25  may state a schedule, determined by the board, of increased 
 38.26  revenue per resident marginal cost pupil unit that differs from 
 38.27  year to year over the number of years for which the increased 
 38.28  revenue is authorized.  If the ballot contains a schedule 
 38.29  showing different amounts, it must also indicate the estimated 
 38.30  referendum tax rate as a percent of referendum market value for 
 38.31  the amount specified for the first year and for the maximum 
 38.32  amount specified in the schedule.  The ballot may state that 
 38.33  existing referendum levy authority is expiring.  In this case, 
 38.34  the ballot may also compare the proposed levy authority to the 
 38.35  existing expiring levy authority, and express the proposed 
 38.36  increase as the amount, if any, over the expiring referendum 
 39.1   levy authority.  The ballot must designate the specific number 
 39.2   of years, not to exceed ten, for which the referendum 
 39.3   authorization applies.  The notice required under section 275.60 
 39.4   may be modified to read, in cases of renewing existing levies: 
 39.5      "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
 39.6      FOR A PROPERTY TAX INCREASE." 
 39.7      The ballot may contain a textual portion with the 
 39.8   information required in this subdivision and a question stating 
 39.9   substantially the following:  
 39.10     "Shall the increase in the revenue proposed by (petition 
 39.11  to) the board of ........., School District No. .., be approved?"
 39.12     If approved, an amount equal to the approved revenue per 
 39.13  resident marginal cost pupil unit times the resident marginal 
 39.14  cost pupil units for the school year beginning in the year after 
 39.15  the levy is certified shall be authorized for certification for 
 39.16  the number of years approved, if applicable, or until revoked or 
 39.17  reduced by the voters of the district at a subsequent referendum.
 39.18     (b) The board must prepare and deliver by first class mail 
 39.19  at least 15 days but no more than 30 days before the day of the 
 39.20  referendum to each taxpayer a notice of the referendum and the 
 39.21  proposed revenue increase.  The board need not mail more than 
 39.22  one notice to any taxpayer.  For the purpose of giving mailed 
 39.23  notice under this subdivision, owners must be those shown to be 
 39.24  owners on the records of the county auditor or, in any county 
 39.25  where tax statements are mailed by the county treasurer, on the 
 39.26  records of the county treasurer.  Every property owner whose 
 39.27  name does not appear on the records of the county auditor or the 
 39.28  county treasurer is deemed to have waived this mailed notice 
 39.29  unless the owner has requested in writing that the county 
 39.30  auditor or county treasurer, as the case may be, include the 
 39.31  name on the records for this purpose.  The notice must project 
 39.32  the anticipated amount of tax increase in annual dollars and 
 39.33  annual percentage for typical residential homesteads, 
 39.34  agricultural homesteads, apartments, and commercial-industrial 
 39.35  property within the school district.  The notice is not an 
 39.36  official ballot. 
 40.1      The notice for a referendum may state that an existing 
 40.2   referendum levy is expiring and project the anticipated amount 
 40.3   of increase over the existing referendum levy in the first year, 
 40.4   if any, in annual dollars and annual percentage for typical 
 40.5   residential homesteads, agricultural homesteads, apartments, and 
 40.6   commercial-industrial property within the district. 
 40.7      The notice must include the following statement:  "Passage 
 40.8   of this referendum will result in an increase in your property 
 40.9   taxes."  However, in cases of renewing existing levies, the 
 40.10  notice may include the following statement:  "Passage of this 
 40.11  referendum may result in an increase in your property taxes." 
 40.12     (c) A referendum on the question of revoking or reducing 
 40.13  the increased revenue amount authorized pursuant to paragraph 
 40.14  (a) may be called by the board and shall be called by the board 
 40.15  upon the written petition of qualified voters of the district.  
 40.16  A referendum to revoke or reduce the revenue amount must state 
 40.17  the amount per resident marginal cost pupil unit by which the 
 40.18  authority is to be reduced.  Revenue authority approved by the 
 40.19  voters of the district pursuant to paragraph (a) must be 
 40.20  available to the school district at least once before it is 
 40.21  subject to a referendum on its revocation or reduction for 
 40.22  subsequent years.  Only one revocation or reduction referendum 
 40.23  may be held to revoke or reduce referendum revenue for any 
 40.24  specific year and for years thereafter. 
 40.25     (d) A petition authorized by paragraph (a) or (c) is 
 40.26  effective if signed by a number of qualified voters in excess of 
 40.27  15 percent of the registered voters of the district on the day 
 40.28  the petition is filed with the board.  A referendum invoked by 
 40.29  petition must be held on the date specified in paragraph (a). 
 40.30     (e) The approval of 50 percent plus one of those voting on 
 40.31  the question is required to pass a referendum authorized by this 
 40.32  subdivision. 
 40.33     (f) At least 15 days before the day of the referendum, the 
 40.34  district must submit a copy of the notice required under 
 40.35  paragraph (b) to the commissioner and to the county auditor of 
 40.36  each county in which the district is located.  Within 15 days 
 41.1   after the results of the referendum have been certified by the 
 41.2   board, or in the case of a recount, the certification of the 
 41.3   results of the recount by the canvassing board, the district 
 41.4   must notify the commissioner of the results of the referendum. 
 41.5      Sec. 10.  Minnesota Statutes 2002, section 201.071, 
 41.6   subdivision 3, is amended to read: 
 41.7      Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
 41.8   deficient if it contains the voter's name, address, date of 
 41.9   birth, prior registration if any and signature.  The absence of 
 41.10  a zip code number does not cause the registration to be 
 41.11  deficient.  The election judges shall request an individual to 
 41.12  correct a registration card application if it is deficient or 
 41.13  illegible or if the name or number of the voter's school 
 41.14  district is missing or obviously incorrect.  No eligible voter 
 41.15  may be prevented from voting unless the voter's 
 41.16  registration card application is deficient or the voter is duly 
 41.17  and successfully challenged in accordance with section 201.195 
 41.18  or 204C.12. 
 41.19     A registration card accepted prior to August 1, 1983, is 
 41.20  not deficient for lack of date of birth.  The county or 
 41.21  municipality may attempt to obtain the date of birth for a 
 41.22  registration card accepted prior to August 1, 1983, by a request 
 41.23  to the voter at any time except at the polling place.  Failure 
 41.24  by the voter to comply with this request does not make the 
 41.25  registration deficient.  
 41.26     The secretary of state shall prescribe the form for a 
 41.27  county or municipality to request the date of birth from 
 41.28  currently registered voters.  The county or municipality must 
 41.29  not request the date of birth from currently registered voters 
 41.30  by any communication other than the prescribed form and the form 
 41.31  must clearly indicate that a currently registered voter does not 
 41.32  lose registration status by failing to provide the date of birth.
 41.33     A registration application is not deficient for lack of a 
 41.34  telephone number. 
 41.35     Sec. 11.  Minnesota Statutes 2002, section 201.161, is 
 41.36  amended to read: 
 42.1      201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
 42.2   APPLICATIONS.] 
 42.3      The Department of Public Safety shall change its 
 42.4   applications for an original, duplicate, or change of address 
 42.5   driver's license or identification card so that the forms may 
 42.6   also serve as voter registration cards applications.  The forms 
 42.7   must contain spaces for the all information required in section 
 42.8   201.071, subdivision 1, and applicable rules of collected by 
 42.9   voter registration applications prescribed by the secretary of 
 42.10  state.  Applicants for driver's licenses or identification cards 
 42.11  must be asked if they want to register to vote at the same 
 42.12  time.  A copy of each application containing a completed voter 
 42.13  registration must be sent to the county auditor of the county in 
 42.14  which the voter maintains residence or to the secretary of state 
 42.15  as soon as possible.  The computerized driver's license record 
 42.16  information relating to name, address, date of birth, driver's 
 42.17  license number, county, town, and city must be made available 
 42.18  for access by the secretary of state and interaction with the 
 42.19  statewide voter registration system.  
 42.20     Sec. 12.  Minnesota Statutes 2002, section 201.1611, 
 42.21  subdivision 1, is amended to read: 
 42.22     Subdivision 1.  [FORMS.] All postsecondary institutions 
 42.23  that enroll students accepting state or federal financial aid 
 42.24  shall provide voter registration forms to each student as early 
 42.25  as possible in the fall quarter.  All school districts shall 
 42.26  make available voter registration applications each May and 
 42.27  September to all students registered as students of the school 
 42.28  district who will be eligible to vote at the next election after 
 42.29  those months.  A school district has no obligation to provide 
 42.30  voter registration applications to students who participate in a 
 42.31  postsecondary education option program or who otherwise reside 
 42.32  in the district but do not attend a school operated by the 
 42.33  district.  A school district fulfills its obligation to a 
 42.34  student under this section if it provides a voter registration 
 42.35  application to the student one time.  The forms must contain 
 42.36  spaces for the information required in section 201.071, 
 43.1   subdivision 1, and applicable rules of the secretary of state.  
 43.2   The institutions and school districts may request these forms 
 43.3   from the secretary of state.  Institutions shall consult with 
 43.4   their campus student government in determining the most 
 43.5   effective means of distributing the forms and in seeking to 
 43.6   facilitate election day registration of students under section 
 43.7   201.061, subdivision 3.  School districts must advise students 
 43.8   that completion of the voter registration applications is not a 
 43.9   school district requirement. 
 43.10     Sec. 13.  Minnesota Statutes 2002, section 201.171, is 
 43.11  amended to read: 
 43.12     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 43.13  REGISTRATION REMOVED.] 
 43.14     Within six weeks after every election, the county auditor 
 43.15  shall post the voting history for every person who voted in the 
 43.16  election.  After the close of the calendar year, the secretary 
 43.17  of state shall determine if any registrants have not voted 
 43.18  during the preceding four years and shall change the status of 
 43.19  those registrants to "inactive" in the statewide registration 
 43.20  system.  The secretary of state shall also prepare a report to 
 43.21  the county auditor containing the names of all registrants whose 
 43.22  status was changed to "inactive."  
 43.23     Registrants whose status was changed to "inactive" must 
 43.24  register in the manner specified in section 201.054 before 
 43.25  voting in any primary, special primary, general, school 
 43.26  district, or special election, as required by section 201.018. 
 43.27     Although not counted in an election, a late absentee ballot 
 43.28  must be considered a vote for the purpose of continuing 
 43.29  registration.  
 43.30     Sec. 14.  Minnesota Statutes 2002, section 201.221, 
 43.31  subdivision 3, is amended to read: 
 43.32     Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
 43.33  secretary of state shall prescribe the form of polling place 
 43.34  rosters that include the voter's name, address, date of birth, 
 43.35  school district number, and space for the voter's signature.  
 43.36  The polling place roster must be used to indicate whether the 
 44.1   voter has voted in a given election.  The secretary of state 
 44.2   shall prescribe procedures for transporting the polling place 
 44.3   rosters to the election judges for use on election day.  The 
 44.4   secretary of state shall prescribe the form for a county or 
 44.5   municipality to request the date of birth from currently 
 44.6   registered voters.  The county or municipality shall not request 
 44.7   the date of birth from currently registered voters by any 
 44.8   communication other than the prescribed form and the form must 
 44.9   clearly indicate that a currently registered voter does not lose 
 44.10  registration status by failing to provide the date of birth.  In 
 44.11  accordance with section 204B.40, the county auditor shall retain 
 44.12  the prescribed polling place rosters used on the date of 
 44.13  election for one year 22 months following the election.  
 44.14     Sec. 15.  Minnesota Statutes 2002, section 202A.14, 
 44.15  subdivision 3, is amended to read: 
 44.16     Subd. 3.  [NOTICE.] The county or legislative district 
 44.17  chair shall give at least six days' published notice of the 
 44.18  holding of the precinct caucus, stating the place, date, and 
 44.19  time for holding the caucus, and shall deliver the same 
 44.20  information to the municipal clerk and county auditor at least 
 44.21  20 days before the precinct caucus.  The county auditor shall 
 44.22  make this information available at least ten days before the 
 44.23  date of the caucuses to persons who request it.  
 44.24     Sec. 16.  Minnesota Statutes 2002, section 203B.085, is 
 44.25  amended to read: 
 44.26     203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL CLERK'S 
 44.27  OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 
 44.28     The county auditor's office in each county and the clerk's 
 44.29  office in each city or town authorized under section 203B.05 to 
 44.30  administer absentee balloting must be open for acceptance of 
 44.31  absentee ballot applications and casting of absentee ballots 
 44.32  from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 
 44.33  on Monday the day immediately preceding a primary, special, or 
 44.34  general election unless that day falls on a Saturday or Sunday.  
 44.35  Town clerks' offices must be open for absentee voting from 10:00 
 44.36  a.m. to 12:00 noon on the Saturday before a town general 
 45.1   election held in March.  The school district clerk, when 
 45.2   performing the county auditor's election duties, need not comply 
 45.3   with this section. 
 45.4      Sec. 17.  Minnesota Statutes 2002, section 203B.125, is 
 45.5   amended to read: 
 45.6      203B.125 [SECRETARY OF STATE TO MAKE RULES.] 
 45.7      Subdivision 1.  [AUTHORIZED RULEMAKING.] The secretary of 
 45.8   state shall adopt rules establishing methods and procedures for 
 45.9   issuing ballot cards and related absentee forms to be used as 
 45.10  provided in section 203B.08, subdivision 1a, and for the 
 45.11  reconciliation of voters and ballot cards before tabulation 
 45.12  under section 203B.12.  
 45.13     Subd. 2.  [EMERGENCY PROCEDURES.] The secretary of state 
 45.14  may designate alternate methods for handling absentee ballots 
 45.15  during periods of declared national or state emergency as 
 45.16  described by section 12.31.  This authority is exempt from the 
 45.17  requirements of chapter 14. 
 45.18     Sec. 18.  Minnesota Statutes 2002, section 204B.06, 
 45.19  subdivision 1, is amended to read: 
 45.20     Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
 45.21  candidacy shall state the name of the office sought and shall 
 45.22  state that the candidate:  
 45.23     (1) is an eligible voter; 
 45.24     (2) has no other affidavit on file as a candidate for any 
 45.25  office at the same primary or next ensuing general election, 
 45.26  except that a candidate for soil and water conservation district 
 45.27  supervisor in a district not located in whole or in part in 
 45.28  Anoka, Hennepin, Ramsey, or Washington County, may also have on 
 45.29  file an affidavit of candidacy for mayor or council member of a 
 45.30  statutory or home rule charter city of not more than 2,500 
 45.31  population contained in whole or in part in the soil and water 
 45.32  conservation district or for town supervisor in a town of not 
 45.33  more than 2,500 population contained in whole or in part in the 
 45.34  soil and water conservation district; and 
 45.35     (3) is, or will be on assuming the office, 21 years of age 
 45.36  or more, and will have maintained residence in the district from 
 46.1   which the candidate seeks election for 30 days before the 
 46.2   general election. 
 46.3      An affidavit of candidacy must include a statement that the 
 46.4   candidate's name as written on the affidavit for ballot 
 46.5   designation is the candidate's true name or the name by which 
 46.6   the candidate is commonly and generally known in the community. 
 46.7      An affidavit of candidacy for partisan office shall also 
 46.8   state the name of the candidate's political party or political 
 46.9   principle, stated in three words or less.  
 46.10     (b) This subdivision does not apply to a candidate 
 46.11  Candidates for president or vice-president of the United 
 46.12  States are not required to file an affidavit of candidacy for 
 46.13  office and this subdivision does not apply to those candidates. 
 46.14     Sec. 19.  Minnesota Statutes 2002, section 204B.07, 
 46.15  subdivision 2, is amended to read: 
 46.16     Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 
 46.17  subdivision does not apply to candidates for presidential 
 46.18  elector nominated by major political parties.  Major party 
 46.19  candidates for presidential elector are certified under section 
 46.20  208.03.  Other presidential electors are nominated by petition 
 46.21  pursuant to this section.  On petitions nominating presidential 
 46.22  electors, the names of the candidates for president and 
 46.23  vice-president shall be added to the political party or 
 46.24  political principle stated on the petition.  One petition may be 
 46.25  filed to nominate a slate of presidential electors equal in 
 46.26  number to the number of electors to which the state is 
 46.27  entitled.  This subdivision does not apply to candidates for 
 46.28  presidential elector nominated by major political parties.  
 46.29  Major party candidates for presidential elector are certified 
 46.30  under section 208.03. 
 46.31     Sec. 20.  Minnesota Statutes 2002, section 204B.09, 
 46.32  subdivision 1, is amended to read: 
 46.33     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
 46.34  ELECTIONS.] (a) Except as otherwise provided by this 
 46.35  subdivision, affidavits of candidacy and nominating petitions 
 46.36  for county, state, and federal offices filled at the state 
 47.1   general election shall be filed not more than 70 days nor less 
 47.2   than 56 days before the state primary.  The affidavit may be 
 47.3   prepared and signed at any time between 60 days before the 
 47.4   filing period opens and the last day of the filing period. 
 47.5      (b) Notwithstanding other law to the contrary, the 
 47.6   affidavit of candidacy must be signed in the presence of a 
 47.7   notarial officer or an individual authorized to administer oaths 
 47.8   under section 358.10. 
 47.9      (c) This provision does not apply to candidates for 
 47.10  presidential elector nominated by major political parties.  
 47.11  Major party candidates for presidential elector are certified 
 47.12  under section 208.03.  Other candidates for presidential 
 47.13  electors may file petitions on or before the state primary day 
 47.14  pursuant to section 204B.07.  Nominating petitions to fill 
 47.15  vacancies in nominations shall be filed as provided in section 
 47.16  204B.13.  No affidavit or petition shall be accepted later than 
 47.17  5:00 p.m. on the last day for filing. 
 47.18     (d) Affidavits and petitions for offices to be voted on in 
 47.19  only one county shall be filed with the county auditor of that 
 47.20  county.  Affidavits and petitions for offices to be voted on in 
 47.21  more than one county shall be filed with the secretary of state. 
 47.22     Sec. 21.  Minnesota Statutes 2002, section 204B.09, 
 47.23  subdivision 3, is amended to read: 
 47.24     Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
 47.25  or federal office who wants write-in votes for the candidate to 
 47.26  be counted must file a written request with the filing office 
 47.27  for the office sought no later than the fifth day before the 
 47.28  general election.  The filing officer shall provide copies of 
 47.29  the form to make the request.  
 47.30     (b) A candidate for president of the United States who 
 47.31  files a request under this subdivision must include the name of 
 47.32  a candidate for vice-president of the United States.  The 
 47.33  request must also include the name of at least one candidate for 
 47.34  presidential elector.  The total number of names of candidates 
 47.35  for presidential elector on the request may not exceed the total 
 47.36  number of electoral votes to be cast by Minnesota in the 
 48.1   presidential election. 
 48.2      (c) A candidate for governor who files a request under this 
 48.3   subdivision must include the name of a candidate for lieutenant 
 48.4   governor. 
 48.5      Sec. 22.  Minnesota Statutes 2002, section 204B.14, 
 48.6   subdivision 2, is amended to read: 
 48.7      Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
 48.8   The following shall constitute at least one election precinct:  
 48.9      (1) each city ward; and 
 48.10     (2) each town and each statutory city.  
 48.11     (b) A single, accessible, combined polling place may be 
 48.12  established no later than June 1 of any year: 
 48.13     (1) for any city of the third or fourth class, any town, or 
 48.14  any city having territory in more than one county, in which all 
 48.15  the voters of the city or town shall cast their ballots; 
 48.16     (2) for two contiguous precincts in the same municipality 
 48.17  that have if either of them has fewer than 100 registered voters 
 48.18  or if they have a combined total of fewer than 500 registered 
 48.19  voters; or 
 48.20     (3) for up to four contiguous municipalities located 
 48.21  entirely outside the metropolitan area, as defined by section 
 48.22  473.121, subdivision 2, that are contained in the same county. 
 48.23     A copy of the ordinance or resolution establishing a 
 48.24  combined polling place must be filed with the county auditor 
 48.25  within 30 days after approval by the governing body.  A polling 
 48.26  place combined under clause (3) must be approved by the 
 48.27  governing body of each participating municipality.  A 
 48.28  municipality withdrawing from participation in a combined 
 48.29  polling place must do so by filing a resolution of withdrawal 
 48.30  with the county auditor no later than May 1 of any year. 
 48.31     The secretary of state shall provide a separate polling 
 48.32  place roster for each precinct served by the combined polling 
 48.33  place.  A single set of election judges may be appointed to 
 48.34  serve at a combined polling place.  The number of election 
 48.35  judges required must be based on the total number of persons 
 48.36  voting at the last similar election in all precincts to be 
 49.1   voting at the combined polling place.  Separate ballot boxes 
 49.2   must be provided for the ballots from each precinct.  The 
 49.3   results of the election must be reported separately for each 
 49.4   precinct served by the combined polling place, except in a 
 49.5   polling place established under clause (2) where one of the 
 49.6   precincts has fewer than ten registered voters, in which case 
 49.7   the results of that precinct must be reported in the manner 
 49.8   specified by the secretary of state.  
 49.9      Sec. 23.  Minnesota Statutes 2002, section 204B.16, 
 49.10  subdivision 3, is amended to read: 
 49.11     Subd. 3.  [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 
 49.12  designation of a polling place pursuant to this section shall 
 49.13  remain effective until a different polling place is designated 
 49.14  for that precinct.  No designation of a new or different polling 
 49.15  place shall become effective less than 90 days prior to an 
 49.16  election, including school district elections or referenda, and 
 49.17  no polling place changes may occur during the period between the 
 49.18  state primary and the state general election, except that a new 
 49.19  polling place may be designated to replace a polling place that 
 49.20  has become unavailable for use.  
 49.21     Sec. 24.  Minnesota Statutes 2002, section 204B.18, 
 49.22  subdivision 1, is amended to read: 
 49.23     Subdivision 1.  [BOOTHS.] Each polling place must contain a 
 49.24  number of voting booths in proportion to the number of 
 49.25  individuals eligible to vote in the precinct.  Each booth must 
 49.26  be at least six feet high, three feet deep and two feet wide 
 49.27  with a shelf at least two feet long and one foot wide placed at 
 49.28  a convenient height for writing.  The booth shall be provided 
 49.29  with a door or curtains.  Each accessible polling place must 
 49.30  have at least one accessible voting booth or other accessible 
 49.31  voting station.  All booths or stations must be constructed so 
 49.32  that a voter is free from observation while marking ballots.  In 
 49.33  all other polling places every effort must be made to provide at 
 49.34  least one accessible voting booth or other accessible voting 
 49.35  station.  During the hours of voting, the booths or stations 
 49.36  must have instructions, a pencil, and other supplies needed to 
 50.1   mark the ballots.  If needed, a chair must be provided for 
 50.2   elderly and handicapped voters to use while voting.  All ballot 
 50.3   boxes, voting booths, voting stations, and election judges must 
 50.4   be in open public view in the polling place. 
 50.5      Sec. 25.  Minnesota Statutes 2002, section 204B.19, 
 50.6   subdivision 1, is amended to read: 
 50.7      Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
 50.8   JUDGES.] Except as provided in subdivision 6, any individual who 
 50.9   is eligible to vote in an election precinct this state is 
 50.10  qualified to be appointed as an election judge for that precinct 
 50.11  subject to this section.  If the files of the appointing 
 50.12  authority do not contain sufficient voters within a precinct who 
 50.13  are qualified and willing to serve as election judges, election 
 50.14  judges may be appointed who reside in another precinct in the 
 50.15  same municipality, or for school district elections, in the same 
 50.16  school district, whether or not the precinct where they reside 
 50.17  is in the same county as the precinct where they will serve.  If 
 50.18  there are not sufficient voters within the municipality or 
 50.19  school district who are qualified and willing to serve as 
 50.20  election judges, election judges may be appointed who reside in 
 50.21  the county where the precinct is located. 
 50.22     Sec. 26.  Minnesota Statutes 2002, section 204B.19, 
 50.23  subdivision 6, is amended to read: 
 50.24     Subd. 6.  [HIGH SCHOOL STUDENTS.] Notwithstanding any other 
 50.25  requirements of this section, a student enrolled in a high 
 50.26  school in Minnesota or who is in a homeschool in compliance with 
 50.27  sections 120A.22 and 120A.24, who has attained the age of 16 is 
 50.28  eligible to be appointed as a without party affiliation trainee 
 50.29  election judge in the county in which the student resides.  The 
 50.30  student must meet qualifications for trainee election judges 
 50.31  specified in rules of the secretary of state.  A student 
 50.32  appointed as a trainee election judge may be excused from school 
 50.33  attendance during the hours that the student is serving as a 
 50.34  trainee election judge if the student submits a written request 
 50.35  signed and approved by the student's parent or guardian to be 
 50.36  absent from school and a certificate from the appointing 
 51.1   authority stating the hours during which the student will serve 
 51.2   as a trainee election judge to the principal of the school at 
 51.3   least ten days prior to the election.  Students shall not serve 
 51.4   as trainee election judges after 10:00 p.m.  Notwithstanding 
 51.5   section 177.24 to the contrary, trainee election judges may be 
 51.6   paid not less than two-thirds of the minimum wage for a large 
 51.7   employer.  The principal of the school may approve a request to 
 51.8   be absent from school conditioned on acceptable academic 
 51.9   performance and the requirement that the student must have 
 51.10  completed or be enrolled in a course of study in government at 
 51.11  the time of service as a trainee election judge.  
 51.12     Sec. 27.  Minnesota Statutes 2002, section 204B.22, is 
 51.13  amended by adding a subdivision to read: 
 51.14     Subd. 4.  [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 
 51.15  MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 
 51.16  participation of election judge trainees must not be counted 
 51.17  toward satisfying any of the required numbers of election judges 
 51.18  in this chapter. 
 51.19     Sec. 28.  Minnesota Statutes 2002, section 204B.36, 
 51.20  subdivision 4, is amended to read: 
 51.21     Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
 51.22  contain the names of all candidates for each judicial office and 
 51.23  shall state the number of those candidates for whom a voter may 
 51.24  vote.  Each seat for an associate justice, associate judge, or 
 51.25  judge of the district court must be numbered.  The words 
 51.26  "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 
 51.27  COURT" must be printed above the respective judicial office 
 51.28  groups on the ballot.  The title of each judicial office shall 
 51.29  be printed on the official primary and general election ballot 
 51.30  as follows:  
 51.31     (a) In the case of the Supreme Court:  
 51.32     "Chief justice - Supreme Court"; 
 51.33     "Associate justice (number) - Supreme Court" 
 51.34     (b) In the case of the Court of Appeals:  
 51.35     "Judge (number) - Court of Appeals"; or 
 51.36     (c) In the case of the district court:  
 52.1      "Judge (number) - (number) district court." 
 52.2      Sec. 29.  Minnesota Statutes 2002, section 204B.41, is 
 52.3   amended to read: 
 52.4      204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
 52.5      When a vacancy in nomination occurs through the death or 
 52.6   catastrophic illness of a candidate after the 16th day before 
 52.7   the general election, the officer in charge of preparing the 
 52.8   ballots shall prepare and distribute a sufficient number of 
 52.9   separate paper ballots which shall be headed with the words 
 52.10  "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
 52.11  title of the office for which the vacancy in nomination has been 
 52.12  filled and the names of all the candidates nominated for that 
 52.13  office.  The ballot shall conform to the provisions governing 
 52.14  the printing of other official ballots as far as practicable.  
 52.15  The title of the office and the names of the candidates for that 
 52.16  office shall be blotted out or stricken from the regular ballots 
 52.17  by the election judges.  The official supplemental ballot shall 
 52.18  be given to each voter when the voter is given the regular 
 52.19  ballot or is directed to the voting machine.  Regular ballots 
 52.20  shall not be changed nor shall official supplemental ballots be 
 52.21  prepared as provided in this section during the three six 
 52.22  calendar days before an election.  Absentee ballots that have 
 52.23  been mailed prior to the preparation of official supplemental 
 52.24  ballots shall be counted in the same manner as if the vacancy 
 52.25  had not occurred.  Official supplemental ballots shall not be 
 52.26  mailed to absent voters to whom ballots were mailed before the 
 52.27  official supplemental ballots were prepared. Both an official 
 52.28  supplemental ballot and a replacement regular ballot from which 
 52.29  the title of the office and names of the candidates for that 
 52.30  office have been blotted out or stricken as provided in this 
 52.31  section must be provided to each absentee voter or voter 
 52.32  residing in a precinct voting by mail who requests either of 
 52.33  them under section 203B.06, subdivision 3.  The election judges 
 52.34  conducting absentee voting in health care facilities as provided 
 52.35  in section 203B.11, subdivision 1, must deliver official 
 52.36  supplemental ballots and replacement regular ballots to those 
 53.1   facilities no later than 5:00 p.m. on the day before the 
 53.2   election. 
 53.3      Sec. 30.  Minnesota Statutes 2002, section 204C.06, is 
 53.4   amended by adding a subdivision to read: 
 53.5      Subd. 8.  [ACCESS FOR NEWS MEDIA.] The county auditor or 
 53.6   municipal or school district clerk, or their designee, may, by 
 53.7   written authorization, permit news media representatives to 
 53.8   enter polling places for up to 15 minutes during voting hours to 
 53.9   observe the voting process.  A media representative must obtain 
 53.10  prior authorization and present photo identification to the head 
 53.11  election judge upon arrival at the polling place and must not 
 53.12  otherwise: 
 53.13     (1) approach within six feet of an election judge or voter; 
 53.14     (2) converse with a voter while in the polling place; 
 53.15     (3) make a list of persons voting or not voting; or 
 53.16     (4) interview a voter within the polling place. 
 53.17     Sec. 31.  Minnesota Statutes 2002, section 204C.10, is 
 53.18  amended to read: 
 53.19     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
 53.20  REGISTRATION.] 
 53.21     (a) An individual seeking to vote shall sign a polling 
 53.22  place roster which states that the individual is at least 18 
 53.23  years of age, a citizen of the United States, has resided in 
 53.24  Minnesota for 20 days immediately preceding the 
 53.25  election, certifies maintains residence at the address shown, is 
 53.26  not under guardianship of the person, has not been found by a 
 53.27  court of law to be legally incompetent to vote or convicted of a 
 53.28  felony without having civil rights restored, is registered and 
 53.29  has not already voted in the election.  The roster must also 
 53.30  state:  "I understand that giving false information is a felony 
 53.31  punishable by not more than five years imprisonment and a fine 
 53.32  of not more than $10,000 or both."  
 53.33     (b) A judge may, before the applicant signs the roster, 
 53.34  confirm the applicant's name, address, and date of birth.  
 53.35     (c) After the applicant signs the roster, the judge shall 
 53.36  give the applicant a voter's receipt.  The voter shall deliver 
 54.1   the voter's receipt to the judge in charge of ballots as proof 
 54.2   of the voter's right to vote, and thereupon the judge shall hand 
 54.3   to the voter the ballot.  The voters' receipts must be 
 54.4   maintained during the time for notice of filing an election 
 54.5   contest.  
 54.6      Sec. 32.  Minnesota Statutes 2002, section 204C.12, 
 54.7   subdivision 4, is amended to read: 
 54.8      Subd. 4.  [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 
 54.9   PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A 
 54.10  challenged individual who is found to be ineligible to vote in 
 54.11  that precinct or who refuses to answer questions or sign a 
 54.12  polling place roster as required by this section must not be 
 54.13  allowed to vote and the county auditor must reclassify as 
 54.14  inactive the record of the challenged individual within 14 days 
 54.15  following the challenge.  A challenged individual who leaves the 
 54.16  polling place and returns later willing to answer questions or 
 54.17  sign a polling place roster must not be allowed to vote.  
 54.18     Sec. 33.  Minnesota Statutes 2002, section 204C.20, 
 54.19  subdivision 2, is amended to read: 
 54.20     Subd. 2.  [EXCESS BALLOTS.] If two or more ballots are 
 54.21  found folded together like a single ballot, the election judges 
 54.22  shall lay them aside until all the ballots in the box have been 
 54.23  counted.  If it is evident from the number of ballots to be 
 54.24  counted that the ballots folded together were cast by one voter, 
 54.25  the election judges shall preserve but not count them.  If the 
 54.26  number of ballots in one box exceeds the number to be counted, 
 54.27  the election judges shall examine all the ballots in the box to 
 54.28  ascertain that all are properly marked with the initials of the 
 54.29  election judges.  If any ballots are not properly marked with 
 54.30  the initials of the election judges, the election judges shall 
 54.31  preserve but not count them; however, if the number of ballots 
 54.32  does not exceed the number to be counted, the absence of either 
 54.33  or both sets of initials of the election judges does not, by 
 54.34  itself, disqualify the vote from being counted and must not be 
 54.35  the basis of a challenge in a recount.  If there is still an 
 54.36  excess of properly marked ballots, the election judges shall 
 55.1   replace them in the box, and one election judge, without 
 55.2   looking, shall withdraw from the box a number of ballots equal 
 55.3   to the excess.  The withdrawn ballots shall not be counted but 
 55.4   shall be preserved as provided in subdivision 4.  
 55.5      Sec. 34.  Minnesota Statutes 2002, section 204C.24, 
 55.6   subdivision 1, is amended to read: 
 55.7      Subdivision 1.  [INFORMATION REQUIREMENTS.] Precinct 
 55.8   summary statements shall be submitted by the election judges in 
 55.9   every precinct.  For state elections, the election judges shall 
 55.10  complete three or more copies of the summary statements, and 
 55.11  each copy shall contain the following information for each kind 
 55.12  of ballot:  
 55.13     (a) the number of votes each candidate received, including 
 55.14  write-in candidates for state or federal office who have 
 55.15  requested under section 204B.09 that votes for those candidates 
 55.16  be tallied, or the number of yes and no votes on each question, 
 55.17  the number of undervotes or partially blank ballots, and the 
 55.18  number of overvotes or partially defective ballots with respect 
 55.19  to each office or question; 
 55.20     (b) the number of totally blank ballots, the number of 
 55.21  totally defective ballots, the number of spoiled ballots, and 
 55.22  the number of unused ballots; 
 55.23     (c) the number of individuals who voted at the election in 
 55.24  the precinct; 
 55.25     (d) the number of voters registering on election day in 
 55.26  that precinct; and 
 55.27     (e) the signatures of the election judges who counted the 
 55.28  ballots certifying that all of the ballots cast were properly 
 55.29  piled, checked, and counted; and that the numbers entered by the 
 55.30  election judges on the summary statements correctly show the 
 55.31  number of votes cast for each candidate and for and against each 
 55.32  question. 
 55.33     At least two copies of the summary statement must be 
 55.34  prepared for elections not held on the same day as the state 
 55.35  elections. 
 55.36     Sec. 35.  Minnesota Statutes 2002, section 204C.33, 
 56.1   subdivision 1, is amended to read: 
 56.2      Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 56.3   board shall meet at the county auditor's office on or before the 
 56.4   seventh day following the state general election.  After taking 
 56.5   the oath of office, the board shall promptly and publicly 
 56.6   canvass the general election returns delivered to the county 
 56.7   auditor.  Upon completion of the canvass, the board shall 
 56.8   promptly prepare and file with the county auditor a report which 
 56.9   states:  
 56.10     (a) The number of individuals voting at the election in the 
 56.11  county and in each precinct; 
 56.12     (b) The number of individuals registering to vote on 
 56.13  election day and the number of individuals registered before 
 56.14  election day in each precinct; 
 56.15     (c) The names of the candidates for each office and the 
 56.16  number of votes received by each candidate in the county and in 
 56.17  each precinct, including write-in candidates for state and 
 56.18  federal office who have requested under section 204B.09 that 
 56.19  votes for those candidates be tallied; 
 56.20     (d) The number of votes counted for and against a proposed 
 56.21  change of county lines or county seat; and 
 56.22     (e) The number of votes counted for and against a 
 56.23  constitutional amendment or other question in the county and in 
 56.24  each precinct.  
 56.25     The result of write-in votes cast on the general election 
 56.26  ballots must be compiled by the county auditor before the county 
 56.27  canvass, except that write-in votes for a candidate for state or 
 56.28  federal office must not be counted unless the candidate has 
 56.29  timely filed a request under section 204B.09, subdivision 3.  
 56.30  The county auditor shall arrange for each municipality to 
 56.31  provide an adequate number of election judges to perform this 
 56.32  duty or the county auditor may appoint additional election 
 56.33  judges for this purpose.  The county auditor may open the 
 56.34  envelopes or containers in which the voted ballots have been 
 56.35  sealed in order to count and record the write-in votes and must 
 56.36  reseal the voted ballots at the conclusion of this process. 
 57.1      Upon completion of the canvass, the county canvassing board 
 57.2   shall declare the candidate duly elected who received the 
 57.3   highest number of votes for each county and state office voted 
 57.4   for only within the county.  The county auditor shall transmit 
 57.5   one of the certified copies of the county canvassing board 
 57.6   report for state and federal offices to the secretary of state 
 57.7   by express mail or similar service immediately upon conclusion 
 57.8   of the county canvass. 
 57.9      Sec. 36.  Minnesota Statutes 2002, section 204C.35, is 
 57.10  amended by adding a subdivision to read: 
 57.11     Subd. 3.  [SCOPE OF RECOUNT.] A recount conducted as 
 57.12  provided in this section is limited in scope to the 
 57.13  determination of the number of votes validly cast for the office 
 57.14  to be recounted.  Only the ballots cast in the election and the 
 57.15  summary statements certified by the election judges may be 
 57.16  considered in the recount process. 
 57.17     Sec. 37.  Minnesota Statutes 2002, section 204C.36, 
 57.18  subdivision 1, is amended to read: 
 57.19     Subdivision 1.  [REQUIRED AUTOMATIC RECOUNTS.] (a) Except 
 57.20  as provided in paragraph (b), a losing candidate for nomination 
 57.21  or election to a county, municipal, or school district office 
 57.22  may request a recount of the votes cast for the nomination or 
 57.23  election to that office if the difference between the vote cast 
 57.24  for that candidate and for a winning candidate for nomination or 
 57.25  election is less than one-half of one percent of the total votes 
 57.26  counted for that office.  In case of offices where two or more 
 57.27  seats are being filled from among all the candidates for the 
 57.28  office, the one-half of one percent difference is between the 
 57.29  elected candidate with the fewest votes and the candidate with 
 57.30  the most votes from among the candidates who were not elected.  
 57.31     (b) A losing candidate for nomination or election to a 
 57.32  county, municipal, or school district office may request a 
 57.33  recount of the votes cast for nomination or election to that 
 57.34  office if the difference between the vote cast for that 
 57.35  candidate and for a winning candidate for nomination or election 
 57.36  is ten votes or less, and the total number of votes cast for the 
 58.1   nomination or election of all candidates is no more than 400.  
 58.2   In cases of offices where two or more seats are being filled 
 58.3   from among all the candidates for the office, the ten vote 
 58.4   difference is between the elected candidate with the fewest 
 58.5   votes and the candidate with the most votes from among the 
 58.6   candidates who were not elected. 
 58.7      (c) Candidates for county offices shall file a written 
 58.8   request for the recount with the county auditor.  Candidates for 
 58.9   municipal or school district offices shall file a written 
 58.10  request with the municipal or school district clerk as 
 58.11  appropriate.  All requests shall be filed during the time for 
 58.12  notice of contest of the primary or election for which a recount 
 58.13  is sought.  
 58.14     (d) Upon receipt of a request made pursuant to this 
 58.15  section, the county auditor shall recount the votes for a county 
 58.16  office at the expense of the county, the governing body of the 
 58.17  municipality shall recount the votes for a municipal office at 
 58.18  the expense of the municipality, and the school board of the 
 58.19  school district shall recount the votes for a school district 
 58.20  office at the expense of the school district.  (a) If the 
 58.21  difference between the votes cast for the candidates for 
 58.22  nomination to a county, municipal, or school district office: 
 58.23     (1) is less than one-half of one percent of the total 
 58.24  number of votes counted for that nomination; or 
 58.25     (2) is ten votes or less and the total number of votes cast 
 58.26  for that nomination is 400 votes or less, 
 58.27  and the difference determines the nomination, the canvassing 
 58.28  board with responsibility for declaring the results for that 
 58.29  office must recount the vote.  The scope of the recount is 
 58.30  solely to recount the votes counted on election day. 
 58.31     (b) In a general election, if the difference between the 
 58.32  votes of a candidate who would otherwise be declared elected to 
 58.33  a county, municipal, or school district office and the votes of 
 58.34  any other candidate for that office: 
 58.35     (1) is less than one-half of one percent of the total 
 58.36  number of votes counted for that office; or 
 59.1      (2) is ten votes or less if the total number of votes cast 
 59.2   for that office is 400 votes or less, 
 59.3   the canvassing board must recount the votes.  The scope of the 
 59.4   recount is solely to recount the votes counted on election day. 
 59.5      (c) In the case of offices where two or more seats are 
 59.6   being filled from among all the candidates for the office, the 
 59.7   one-half of one percent difference is between the elected 
 59.8   candidate with the fewest votes and the candidate with the most 
 59.9   votes from among the candidates who were not elected.  In cases 
 59.10  of offices where two or more seats are being filled from among 
 59.11  all the candidates for the office, the ten vote difference is 
 59.12  between the elected candidate with the fewest votes and the 
 59.13  candidate with the most votes from among the candidates who were 
 59.14  not elected. 
 59.15     (d) A recount must not delay any other part of the 
 59.16  canvass.  The results of the recount must be certified by the 
 59.17  canvassing board as soon as possible. 
 59.18     (e) Time for notice of a contest for an office which is 
 59.19  recounted under this section begins to run on certification of 
 59.20  the results of the recount by the canvassing board. 
 59.21     (f) A losing candidate may waive a recount required under 
 59.22  this section by filing a written notice of waiver with the 
 59.23  canvassing board. 
 59.24     (g) The county auditor must recount the votes for a county 
 59.25  office at the expense of the county, the governing body of the 
 59.26  municipality must recount the votes for a municipal office at 
 59.27  the expense of the municipality, and the school board of the 
 59.28  school district must recount the votes for a school district 
 59.29  office at the expense of the school district.  
 59.30     Sec. 38.  Minnesota Statutes 2002, section 204C.36, 
 59.31  subdivision 3, is amended to read: 
 59.32     Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] (a) A 
 59.33  recount may must be conducted for a ballot question when the 
 59.34  difference between the votes for and the votes against the 
 59.35  question is less than or equal to the difference provided in 
 59.36  subdivision 1.  The expenses for the recount must be paid for by 
 60.1   the political subdivision placing the question on the ballot. 
 60.2      (b) In other cases, a recount may be requested by any 
 60.3   person eligible to vote on the ballot question.  A written 
 60.4   request for a recount must be filed with the filing officer of 
 60.5   the county, municipality, or school district placing the 
 60.6   question on the ballot and must be accompanied by a petition 
 60.7   containing the signatures of 25 voters eligible to vote on the 
 60.8   question.  If the difference between the votes for and the votes 
 60.9   against the question is greater than the difference provided in 
 60.10  subdivision 1, The person requesting the recount shall also file 
 60.11  with the filing officer of the county, municipality, or school 
 60.12  district a bond, cash, or surety in an amount set by the 
 60.13  appropriate governing body for the payment of recount expenses.  
 60.14  The written request, petition, and any bond, cash, or surety 
 60.15  required must be filed during the time for notice of contest for 
 60.16  the election for which the recount is requested.  
 60.17     Sec. 39.  Minnesota Statutes 2002, section 204C.36, is 
 60.18  amended by adding a subdivision to read: 
 60.19     Subd. 6.  [SCOPE OF RECOUNT.] A recount conducted as 
 60.20  provided in this section is limited in scope to the 
 60.21  determination of the number of votes validly cast for the office 
 60.22  or question to be recounted.  Only the ballots cast in the 
 60.23  election and the summary statements certified by the election 
 60.24  judges may be considered in the recount process. 
 60.25     Sec. 40.  Minnesota Statutes 2002, section 204C.361, is 
 60.26  amended to read: 
 60.27     204C.361 [RULES FOR RECOUNTS.] 
 60.28     (a) The secretary of state shall adopt rules according to 
 60.29  the Administrative Procedure Act establishing uniform recount 
 60.30  procedures.  All recounts provided for by sections 204C.35, 
 60.31  204C.36, and 206.88, shall be conducted in accordance with these 
 60.32  rules.  
 60.33     (b) Notwithstanding Minnesota Rules, part 8235.0800, the 
 60.34  requirement that ballots be recounted by precinct means that a 
 60.35  recount official shall maintain the segregation of ballots by 
 60.36  precinct but the recount official may recount more than one 
 61.1   precinct at a time in physically separate locations within the 
 61.2   room in which the recount is administered. 
 61.3      Sec. 41.  Minnesota Statutes 2002, section 204D.14, is 
 61.4   amended by adding a subdivision to read: 
 61.5      Subd. 3.  [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 
 61.6   for which there is only one candidate filed must appear after 
 61.7   all judicial offices on the canary ballot. 
 61.8      Sec. 42.  [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 
 61.9      When an official supplemental ballot must be used in a 
 61.10  general election in accordance with section 204B.41, the 
 61.11  secretary of state shall supply each auditor with a copy of an 
 61.12  example supplemental ballot at least three days prior to the 
 61.13  election.  The example supplemental ballot must illustrate the 
 61.14  format required for the official supplemental ballot. 
 61.15     The county auditor shall distribute copies of the example 
 61.16  supplemental ballot to municipal and school district clerks in 
 61.17  municipalities and school districts holding elections that 
 61.18  year.  The official supplemental ballot must conform in all 
 61.19  respects to the example supplemental ballot.  Failure of the 
 61.20  official supplemental ballot to conform may be reported by any 
 61.21  person to the county attorney in the same manner as provided by 
 61.22  section 201.275. 
 61.23     Sec. 43.  Minnesota Statutes 2002, section 204D.27, 
 61.24  subdivision 11, is amended to read: 
 61.25     Subd. 11.  [CERTIFICATE OF LEGISLATIVE ELECTION.] A 
 61.26  certificate of election in a special election for state senator 
 61.27  or state representative shall be issued by the county auditor or 
 61.28  the secretary of state to the individual declared elected by the 
 61.29  county or state canvassing board two days, excluding Sundays and 
 61.30  legal holidays, after the appropriate canvassing board finishes 
 61.31  canvassing the returns for the election.  
 61.32     In case of a contest the certificate shall not be issued 
 61.33  until the district court determines the contest.  
 61.34     Sec. 44.  Minnesota Statutes 2002, section 205.02, 
 61.35  subdivision 1, is amended to read: 
 61.36     Subdivision 1.  [MINNESOTA ELECTION LAW.] Except as 
 62.1   expressly provided in this chapter by law, the provisions of the 
 62.2   Minnesota Election Law apply to municipal elections, so far as 
 62.3   practicable. 
 62.4      Sec. 45.  Minnesota Statutes 2002, section 205.075, is 
 62.5   amended by adding a subdivision to read: 
 62.6      Subd. 3.  [MORE THAN ONE SEAT TO BE FILLED AT ANY 
 62.7   ELECTION.] A candidate filing for town supervisor when more than 
 62.8   one seat is to be filled at an election held under subdivision 2 
 62.9   must designate when filing the specific seat which the candidate 
 62.10  is seeking. 
 62.11     Sec. 46.  Minnesota Statutes 2002, section 205.16, 
 62.12  subdivision 4, is amended to read: 
 62.13     Subd. 4.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
 62.14  every municipal election, the municipal clerk shall provide a 
 62.15  written notice to the county auditor, including the date of the 
 62.16  election, the offices to be voted on at the election, and the 
 62.17  title and language for each ballot question to be voted on at 
 62.18  the election. 
 62.19     Sec. 47.  Minnesota Statutes 2002, section 205.16, is 
 62.20  amended by adding a subdivision to read: 
 62.21     Subd. 5.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
 62.22  prior to every municipal election for which a notice is provided 
 62.23  to the county auditor under subdivision 4, the county auditor 
 62.24  shall provide a notice of the election to the secretary of 
 62.25  state, in a manner and including information prescribed by the 
 62.26  secretary of state. 
 62.27     Sec. 48.  Minnesota Statutes 2002, section 205.185, 
 62.28  subdivision 2, is amended to read: 
 62.29     Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
 62.30  be by secret ballot and shall be held and the returns made in 
 62.31  the manner provided for the state general election, so far as 
 62.32  practicable except as expressly provided by law. 
 62.33     Sec. 49.  Minnesota Statutes 2002, section 205.185, 
 62.34  subdivision 3, is amended to read: 
 62.35     Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
 62.36  BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
 63.1   the governing body of a city conducting any election including a 
 63.2   special municipal election, or the governing body of a town 
 63.3   conducting the general election in November shall act as the 
 63.4   canvassing board, canvass the returns, and declare the results 
 63.5   of the election.  The governing body of a town conducting the 
 63.6   general election in March shall act as the canvassing board, 
 63.7   canvass the returns, and declare the results of the election 
 63.8   within two days after an election.  
 63.9      (b) After the time for contesting elections has passed, the 
 63.10  municipal clerk shall issue a certificate of election to each 
 63.11  successful candidate.  In case of a contest, the certificate 
 63.12  shall not be issued until the outcome of the contest has been 
 63.13  determined by the proper court.  
 63.14     (c) In case of a tie vote, the governing body canvassing 
 63.15  board having jurisdiction over the municipality shall determine 
 63.16  the result by lot.  The clerk of the canvassing board shall 
 63.17  certify the results of the election to the county auditor, and 
 63.18  the clerk shall be the final custodian of the ballots and the 
 63.19  returns of the election. 
 63.20     Sec. 50.  Minnesota Statutes 2002, section 205A.02, is 
 63.21  amended to read: 
 63.22     205A.02 [ELECTION LAW APPLICABLE.] 
 63.23     Except as provided in this chapter by law, the Minnesota 
 63.24  Election Law applies to school district elections, as far as 
 63.25  practicable.  Elections in common school districts shall be 
 63.26  governed by section 123B.94. 
 63.27     Sec. 51.  Minnesota Statutes 2003 Supplement, section 
 63.28  205A.07, subdivision 3, is amended to read: 
 63.29     Subd. 3.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
 63.30  every school district election, the school district clerk shall 
 63.31  provide a written notice to the county auditor of each county in 
 63.32  which the school district is located.  The notice must include 
 63.33  the date of the election, the offices to be voted on at the 
 63.34  election, and the title and language for each ballot question to 
 63.35  be voted on at the election.  For the purposes of meeting the 
 63.36  timelines of this section, in a bond election, a notice, 
 64.1   including a proposed question, may be provided to the county 
 64.2   auditor prior to receipt of a review and comment from the 
 64.3   commissioner of education and prior to actual initiation of the 
 64.4   election. 
 64.5      Sec. 52.  Minnesota Statutes 2002, section 205A.07, is 
 64.6   amended by adding a subdivision to read: 
 64.7      Subd. 3b.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
 64.8   prior to every school district election for which a notice is 
 64.9   provided to the county auditor under subdivision 3, the county 
 64.10  auditor shall provide a notice of the election to the secretary 
 64.11  of state, in a manner and including information prescribed by 
 64.12  the secretary of state. 
 64.13     Sec. 53.  Minnesota Statutes 2002, section 206.90, 
 64.14  subdivision 6, is amended to read: 
 64.15     Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
 64.16  systems, a single ballot card on which all ballot information is 
 64.17  included must be printed in black ink on white colored material 
 64.18  except that marks not to be read by the automatic tabulating 
 64.19  equipment may be printed in another color ink.  
 64.20     On the front of the ballot must be printed the words 
 64.21  "Official Ballot" and the date of the election and lines for the 
 64.22  initials of at least two election judges. 
 64.23     When optical scan ballots are used, the offices to be 
 64.24  elected must appear in the following order:  federal offices; 
 64.25  state legislative offices; constitutional offices; proposed 
 64.26  constitutional amendments; county offices and questions; 
 64.27  municipal offices and questions; school district offices and 
 64.28  questions; special district offices and questions; and judicial 
 64.29  offices. 
 64.30     On optical scan ballots, the names of candidates and the 
 64.31  words "yes" and "no" for ballot questions must be printed as 
 64.32  close to their corresponding vote targets as possible. 
 64.33     The line on an optical scan ballot for write-in votes must 
 64.34  contain the words "write-in, if any." 
 64.35     If a primary ballot contains both a partisan ballot and a 
 64.36  nonpartisan ballot, the instructions to voters must include a 
 65.1   statement that reads substantially as follows:  "THIS BALLOT 
 65.2   CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON 
 65.3   THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 
 65.4   ONE POLITICAL PARTY ONLY."  If a primary ballot contains 
 65.5   political party columns on both sides of the ballot, the 
 65.6   instructions to voters must include a statement that reads 
 65.7   substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE 
 65.8   PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE 
 65.9   POLITICAL PARTY ONLY."  At the bottom of each political party 
 65.10  column on the primary ballot, the ballot must contain a 
 65.11  statement that reads substantially as follows:  "CONTINUE VOTING 
 65.12  ON THE NONPARTISAN BALLOT."  The instructions in section 
 65.13  204D.08, subdivision 4, do not apply to optical scan partisan 
 65.14  primary ballots. 
 65.15     Sec. 54.  Minnesota Statutes 2002, section 211A.02, is 
 65.16  amended by adding a subdivision to read: 
 65.17     Subd. 5.  [ELECTRONIC REPORTING.] The reports required by 
 65.18  this section may be filed electronically, subject to the 
 65.19  approval of the filing officer. 
 65.20     Sec. 55.  Minnesota Statutes 2002, section 351.01, 
 65.21  subdivision 4, is amended to read: 
 65.22     Subd. 4.  [WITHDRAWAL OF RESIGNATION.] A prospective 
 65.23  resignation permitted by subdivision 3 may only be withdrawn by 
 65.24  a written statement signed by the officer and submitted in the 
 65.25  same manner as the resignation, and may only be withdrawn before 
 65.26  it has been accepted by resolution of the body or board 
 65.27  or before a written acceptance of the resignation by an officer 
 65.28  authorized to receive it. 
 65.29     Sec. 56.  Minnesota Statutes 2002, section 365.51, 
 65.30  subdivision 3, is amended to read: 
 65.31     Subd. 3.  [OFFICERS; OTHER BUSINESS.] An annual town 
 65.32  election shall be held on the same day as the annual town 
 65.33  meeting to elect all town officers required by law to be elected 
 65.34  and to consider ballot questions, except as provided in section 
 65.35  205.075, subdivision 2.  Other town business shall be conducted 
 65.36  at the town meeting as provided by law.  
 66.1      Sec. 57.  Minnesota Statutes 2002, section 367.12, is 
 66.2   amended to read: 
 66.3      367.12 [DEPUTY CLERK.] 
 66.4      Each town clerk may appoint a deputy, for whose acts the 
 66.5   clerk shall be responsible, and who, in the clerk's absence or 
 66.6   disability, shall perform the clerk's duties.  If a town clerk 
 66.7   has not appointed a deputy, the town treasurer shall perform the 
 66.8   duties of the clerk relating to receiving candidate filings when 
 66.9   the clerk is absent. 
 66.10     Sec. 58.  Minnesota Statutes 2002, section 414.041, 
 66.11  subdivision 1, is amended to read: 
 66.12     Subdivision 1.  [INITIATING THE PROCEEDING.] (a) Two or 
 66.13  more municipalities may be the subject of a single proceeding 
 66.14  provided that each municipality abuts at least one of the 
 66.15  included municipalities.  
 66.16     (b) The proceeding shall be initiated in one of the 
 66.17  following ways:  
 66.18     (1) submitting to the director a resolution of the city 
 66.19  council of each affected municipality; 
 66.20     (2) submitting to the director a petition signed by a 
 66.21  number of residents eligible to vote equivalent to five percent 
 66.22  or more of the resident voters of a municipality who voted for 
 66.23  governor at the last general election; or 
 66.24     (3) by the director.  
 66.25     (c) The petition or resolution shall set forth the 
 66.26  following information about each included municipality:  name, 
 66.27  description of boundaries, the reasons for requesting the 
 66.28  consolidation and the names of all parties entitled to mailed 
 66.29  notice under section 414.09.  
 66.30     (d) The party initiating the proceeding shall serve copies 
 66.31  of the petition or resolution on all of the included 
 66.32  municipalities. 
 66.33     Sec. 59.  Minnesota Statutes 2002, section 447.32, 
 66.34  subdivision 3, is amended to read: 
 66.35     Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
 66.36  first day to file affidavits of candidacy, the clerk of the 
 67.1   district shall publish a notice stating the first and last day 
 67.2   on which affidavits of candidacy may be filed, the places for 
 67.3   filing the affidavits and the closing time of the last day for 
 67.4   filing.  The clerk shall post a similar notice in at least one 
 67.5   conspicuous place in each city and town in the district at least 
 67.6   ten days before the first day to file affidavits of candidacy.  
 67.7      At least 53 days prior to every hospital district election, 
 67.8   the hospital district clerk shall provide a written notice to 
 67.9   the county auditor of each county in which the hospital district 
 67.10  is located.  The notice must include the date of the election, 
 67.11  the offices to be voted on at the election, and the title and 
 67.12  language for each ballot question to be voted on at the 
 67.13  election.  At least 46 days before a hospital district election 
 67.14  for which a notice is provided to the county auditor under this 
 67.15  subdivision, the county auditor shall provide a notice to the 
 67.16  secretary of state in a manner and including information 
 67.17  prescribed by the secretary of state.  
 67.18     The notice of each election must be posted in at least one 
 67.19  public and conspicuous place within each city and town included 
 67.20  in the district at least ten days before the election.  It must 
 67.21  be published in the official newspaper of the district or, if a 
 67.22  paper has not been designated, in a legal newspaper having 
 67.23  general circulation within the district, at least two weeks 
 67.24  before the election.  Failure to give notice does not invalidate 
 67.25  the election of an officer of the district.  A voter may contest 
 67.26  a hospital district election in accordance with chapter 209.  
 67.27  Chapter 209 applies to hospital district elections. 
 67.28     Sec. 60.  Minnesota Statutes 2002, section 447.32, 
 67.29  subdivision 4, is amended to read: 
 67.30     Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
 67.31  person who wants to be a candidate for the hospital board shall 
 67.32  file an affidavit of candidacy for the election either as member 
 67.33  at large or as a member representing the city or town where the 
 67.34  candidate resides.  The affidavit of candidacy must be filed 
 67.35  with the city or town clerk not more than ten weeks nor less 
 67.36  than eight weeks before the Tuesday after the second Monday in 
 68.1   September of the year in which the general election is held.  
 68.2   The city or town clerk must forward the affidavits of candidacy 
 68.3   to the clerk of the hospital district or, for the first 
 68.4   election, the clerk of the most populous city or town 
 68.5   immediately after the last day of the filing period.  A 
 68.6   candidate may withdraw from the election by filing an affidavit 
 68.7   of withdrawal with the clerk of the district no later than 5:00 
 68.8   p.m. two days after the last day to file affidavits of candidacy.
 68.9      Voting must be by secret ballot.  The clerk shall prepare, 
 68.10  at the expense of the district, necessary ballots for the 
 68.11  election of officers.  Ballots must be printed on tan paper and 
 68.12  prepared as provided in the rules of the secretary of state.  
 68.13  The ballots must be marked and initialed by at least two judges 
 68.14  as official ballots and used exclusively at the election.  Any 
 68.15  proposition to be voted on may be printed on the ballot provided 
 68.16  for the election of officers.  The hospital board may also 
 68.17  authorize the use of voting systems subject to chapter 206.  
 68.18  Enough election judges may be appointed to receive the votes at 
 68.19  each polling place.  The election judges shall act as clerks of 
 68.20  election, count the ballots cast, and submit them to the board 
 68.21  for canvass.  
 68.22     After canvassing the election, the board shall issue a 
 68.23  certificate of election to the candidate who received the 
 68.24  largest number of votes cast for each office.  The clerk shall 
 68.25  deliver the certificate to the person entitled to it in person 
 68.26  or by certified mail.  Each person certified shall file an 
 68.27  acceptance and oath of office in writing with the clerk within 
 68.28  30 days after the date of delivery or mailing of the 
 68.29  certificate.  The board may fill any office as provided in 
 68.30  subdivision 1 if the person elected fails to qualify within 30 
 68.31  days, but qualification is effective if made before the board 
 68.32  acts to fill the vacancy.