Minnesota Legislature
HF 1703
3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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; providing for the 1.5 administration of elections, including uniform 1.6 election dates, registration of voters, and absentee 1.7 ballots; appropriating money; amending Minnesota 1.8 Statutes 2002, sections 5.08; 15.0597, subdivisions 2, 1.9 3, 4, 5, 6, 7; 15.0599, subdivision 4; 126C.17, 1.10 subdivision 11; 200.02, subdivision 20; 201.021; 1.11 201.022; 201.061, subdivisions 1, 3, by adding 1.12 subdivisions; 201.071, subdivisions 1, 3, by adding 1.13 subdivisions; 201.081; 201.091, subdivisions 1, 4, 5, 1.14 by adding a subdivision; 201.096; 201.11; 201.121, 1.15 subdivision 1, by adding a subdivision; 201.13, 1.16 subdivision 1; 201.14; 201.15, as amended; 201.155; 1.17 201.161; 201.1611, subdivision 1; 201.171; 201.211; 1.18 201.221, subdivisions 2, 3; 202A.14, subdivision 3; 1.19 203B.02, by adding a subdivision; 203B.04, 1.20 subdivisions 1, 4, 5, by adding a subdivision; 1.21 203B.06, subdivisions 4, 7; 203B.07; 203B.08, 1.22 subdivision 3; 203B.085; 203B.11, subdivision 1; 1.23 203B.12, subdivision 2; 203B.125; 203B.16, by adding a 1.24 subdivision; 203B.17; 203B.19; 203B.20; 203B.21, 1.25 subdivision 3; 203B.22; 203B.24; 203B.26; 204B.06, 1.26 subdivision 1; 204B.07, subdivision 2; 204B.09, 1.27 subdivisions 1, 3; 204B.14, subdivision 2; 204B.16, 1.28 subdivisions 3, 5; 204B.18; 204B.19, subdivisions 1, 1.29 6; 204B.22, by adding a subdivision; 204B.25, 1.30 subdivision 3; 204B.27, subdivision 3; 204B.36, 1.31 subdivision 4; 204B.41; 204B.45, subdivision 2; 1.32 204B.47; 204C.05, by adding a subdivision; 204C.06, 1.33 subdivision 2, by adding a subdivision; 204C.10; 1.34 204C.12, subdivision 4; 204C.13, by adding a 1.35 subdivision; 204C.20, subdivision 2; 204C.24, 1.36 subdivision 1; 204C.28, subdivision 1; 204C.33, 1.37 subdivision 1; 204C.35, by adding a subdivision; 1.38 204C.36, subdivisions 1, 3, by adding a subdivision; 1.39 204C.361; 204D.06; 204D.14, by adding a subdivision; 1.40 204D.23, subdivision 4; 204D.27, subdivision 11; 1.41 205.02, subdivision 1; 205.075, by adding a 1.42 subdivision; 205.10, subdivision 3; 205.16, 1.43 subdivision 4, by adding a subdivision; 205.185, 1.44 subdivisions 2, 3; 205A.02; 205A.05, subdivision 1; 1.45 205A.07, by adding a subdivision; 206.56, subdivision 1.46 7; 206.57, by adding subdivisions; 206.64, subdivision 2.1 1; 206.81; 206.90, subdivision 6; 211A.02, by adding a 2.2 subdivision; 351.01, subdivision 4; 365.51, 2.3 subdivision 3; 367.12; 373.40, subdivision 2; 375.101, 2.4 by adding a subdivision; 375.20; 414.041, subdivision 2.5 1; 447.32, subdivisions 3, 4; 458.40; 469.053, 2.6 subdivision 5; 469.0724; 469.190, subdivision 5; 2.7 475.58, subdivisions 1, 1a; 475.59; Minnesota Statutes 2.8 2003 Supplement, sections 123B.63, subdivision 3; 2.9 126C.17, subdivision 9; 205A.07, subdivision 3; 2.10 465.82, subdivision 2; 465.84; 475.521, subdivision 2; 2.11 proposing coding for new law in Minnesota Statutes, 2.12 chapters 201; 203B; 204B; 204C; 204D; 205; 205A; 2.13 repealing Minnesota Statutes 2002, sections 203B.02, 2.14 subdivision 1a; 204C.05, subdivisions 1a, 1b; 205.175; 2.15 205A.09; Minnesota Rules, parts 8200.1200; 8200.2600; 2.16 8200.2700; 8200.2900; 8200.3550; 8200.3600; 8200.3700; 2.17 8200.3800; 8200.3900; 8200.6200; 8200.9120; 8200.9315; 2.18 8200.9320; 8210.0200; 8210.0225; 8210.0500; 8210.0600; 2.19 8210.0700; 8210.0800; 8210.2300; 8210.2400; 8210.3000; 2.20 8230.2150; 8230.3950; 8230.4050; 8230.4390. 2.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.22 ARTICLE 1 2.23 VOTING SYSTEM 2.24 Section 1. [VOTING SYSTEMS ACQUISITION.] 2.25 Subdivision 1. [APPROPRIATION.] All remaining, previously 2.26 unappropriated funds in the Help America Vote Act account and 2.27 any funds received by that account until June 30, 2007, are 2.28 appropriated to the Office of the Secretary of State for use in 2.29 purchasing a uniform, statewide voting system, purchasing 2.30 component items of voting equipment to create such a system, or 2.31 making grants to counties and local municipalities for purchase 2.32 of voting systems or components of equipment to create a uniform 2.33 voting system that: (1) comply with the requirements of the 2.34 Help America Vote Act, Public Law 107-252; and (2) meet the 2.35 requirements of this section. 2.36 Subd. 2. [SOLICITING VOTING SYSTEMS.] The Office of the 2.37 Secretary of State may issue requests for proposal or other 2.38 solicitations for voting systems or the components of voting 2.39 systems that comply with the requirements of the Help America 2.40 Vote Act, Public Law 107-252, and also provide every voter an 2.41 opportunity to verify their votes and to change their votes or 2.42 correct any error before their ballot is cast and counted, 2.43 produce a permanent paper record of the ballot cast by the 2.44 voter, and preserve the paper record as an official record 2.45 available for use in a recount. 3.1 Subd. 3. [UNIFORM VOTING SYSTEM.] After receiving and 3.2 evaluating responses to the requests for proposal for voting 3.3 systems, the Office of the Secretary of State may select one or 3.4 more vendors to provide equipment for a uniform statewide voting 3.5 system for use in each polling place in Minnesota. 3.6 Subd. 4. [VOTING SYSTEMS REQUIREMENT.] Each voting system 3.7 purchased in Minnesota must: 3.8 (1) create a marked optical scan ballot that can be 3.9 tabulated by (i) a precinct count optical scan machine already 3.10 certified for use in Minnesota and owned by a jurisdiction, or 3.11 (ii) a certified precinct count optical scan machine to be 3.12 purchased under this section; or 3.13 (2) accept such a marked optical scan ballot. 3.14 Subd. 5. [CERTIFICATION STANDARDS.] A request for proposal 3.15 under this section must set forth the specifications for 3.16 ballot-marking equipment to be purchased, which must be 3.17 compatible with existing precinct count optical scan equipment 3.18 or future models of such equipment. Responses to the request 3.19 for proposal must include certification required by Minnesota 3.20 Statutes, section 206.57, Minnesota Rules, chapters 8220 and 3.21 8230, and any other Minnesota statutes and rules to be 3.22 considered. Precinct count optical scan tabulating machines 3.23 must meet the current certification standards for such machines. 3.24 Subd. 6. [REMAINING FUNDS.] (a) All appropriations to the 3.25 Office of the Secretary of State under this section remaining 3.26 after the purchase of voting systems to satisfy the requirements 3.27 of the Help America Vote Act, Public Law 107-252, as described 3.28 in subdivisions 1 to 5, may be spent for the replacement of 3.29 precinct-count optical scan equipment that is not compatible 3.30 with any system described in subdivision 4, clause (1), and 3.31 selected under subdivision 3. 3.32 (b) In order to most closely achieve a uniform system of 3.33 voting in this state, the Office of the Secretary of State shall 3.34 designate one model of precinct-count optical scan equipment to 3.35 be purchased as the replacement equipment from among the 3.36 responses to the requests for proposal submitted under 4.1 subdivision 2. 4.2 (c) If the Office of the Secretary of State determines that 4.3 there are insufficient funds for the replacement of all 4.4 equipment eligible for replacement under this section, the funds 4.5 must be used first to replace the oldest equipment, and then to 4.6 replace progressively newer equipment until the funds are 4.7 exhausted. 4.8 Subd. 7. [MASTER PURCHASING CONTRACT.] The Office of the 4.9 Secretary of State shall use the responses to requests for 4.10 proposal submitted under subdivision 2 as the basis for 4.11 negotiating one or more master contracts from which all 4.12 purchases authorized or required by this section must be made, 4.13 whether by state or local governments. After the master 4.14 contract is negotiated, no purchases of voting systems may be 4.15 made by state or local governments except from this master 4.16 contract. 4.17 Sec. 2. [EFFECTIVE DATE.] 4.18 Section 1 is effective the day following final enactment. 4.19 ARTICLE 2 4.20 HAVA CONFORMITY 4.21 Section 1. Minnesota Statutes 2002, section 201.021, is 4.22 amended to read: 4.23 201.021 [PERMANENT REGISTRATION SYSTEM.] 4.24 A permanent system of voter registration by county is 4.25 established, withthe county systems linked together by a4.26centralized statewide systema single, official, centralized, 4.27 interactive computerized statewide voter registration list 4.28 defined, maintained, and administered at the state level that 4.29 contains the name and registration information of every legally 4.30 registered voter in the state, and assigns a unique identifier 4.31 to each legally registered voter in the state. The interactive 4.32 computerized statewide voter registration list constitutes the 4.33 official list of every legally registered voter in the state. 4.34 The county auditor shall be chief registrar of voters and the 4.35 chief custodian of the official registration records in each 4.36 county. The secretary of state is responsible for defining, 5.1 maintaining, and administering the centralized system. 5.2 Sec. 2. Minnesota Statutes 2002, section 201.022, is 5.3 amended to read: 5.4 201.022 [STATEWIDE REGISTRATION SYSTEM.] 5.5 Subdivision 1. [ESTABLISHMENT.] The secretary of state 5.6 shall maintain a statewide voter registration system to 5.7 facilitate voter registration and to provide a central database 5.8 containing voter registration information from around the 5.9 state. The system must be accessible to the county auditor of 5.10 each county in the state. The system must also: 5.11 (1) provide for voters to submit their registration to any 5.12 county auditor, the secretary of state, or the Department of 5.13 Public Safety; 5.14 (2) provide for the definition, establishment, and 5.15 maintenance of a central database for all voter registration 5.16 information; 5.17 (3) provide for entering data into the statewide 5.18 registration system; 5.19 (4) provide for electronic transfer of completed voter 5.20 registration forms from the Department of Public Safety to the 5.21 secretary of state or the county auditor; 5.22 (5) assign a unique identifier to each legally registered 5.23 voter in the state; 5.24 (6) provide for the acceptance of the Minnesota driver's 5.25 license number, Minnesota state identification number, and last 5.26 four digits of the Social Security number for each voter record; 5.27 (7) coordinate with other agency databases within the 5.28 state; 5.29 (8) allow county auditors to add, and the secretary of 5.30 state to add or modify, information in the system to provide for 5.31 accurate and up-to-date records; 5.32 (9) allow county auditors, municipal and school district 5.33 clerks, and the secretary of state to have electronic access to 5.34 the statewide registration system for review and search 5.35 capabilities; 5.36 (10) provide security and protection of all information in 6.1 the statewide registration system and ensure that unauthorized 6.2 access is not allowed; and 6.3 (11) provide a system for each county to identify the 6.4 precinct to which a voter should be assigned for voting purposes. 6.5 The appropriate state or local official shall provide security 6.6 measures to prevent unauthorized access to the computerized list 6.7 established under section 201.021. The secretary of state shall 6.8 establish a system of file maintenance that makes reasonable 6.9 effort to remove registrants who are ineligible to vote from the 6.10 official list of eligible voters. 6.11 Subd. 2. [RULES.] The secretary of state shall make 6.12 permanent rules necessary to administer the system required in 6.13 subdivision 1.The rules must at least:6.14(1) provide for voters to submit their registration to any6.15county auditor, the secretary of state, or the Department of6.16Public Safety;6.17(2) provide for the establishment and maintenance of a6.18central database for all voter registration information;6.19(3) provide procedures for entering data into the statewide6.20registration system;6.21(4) provide for interaction with the computerized driver's6.22license records of the Department of Public Safety;6.23(5) allow the offices of all county auditors and the6.24secretary of state to add, modify, and delete information from6.25the system to provide for accurate and up-to-date records;6.26(6) allow the offices of all county auditors and the6.27Secretary of State's Office to have access to the statewide6.28registration system for review and search capabilities;6.29(7) provide security and protection of all information in6.30the statewide registration system and to ensure that6.31unauthorized entry is not allowed;6.32(8) provide a system for each county to identify the6.33precinct to which a voter should be assigned for voting6.34purposes; and6.35(9) prescribe a procedure for the return of completed voter6.36registration forms from the Department of Public Safety to the7.1secretary of state or the county auditor.7.2 Sec. 3. Minnesota Statutes 2002, section 201.061, 7.3 subdivision 1, is amended to read: 7.4 Subdivision 1. [REGISTRATION IN PERSON PRIOR TO ELECTION 7.5 DAY.] At any time except during the 20 days immediately 7.6 preceding any election, an eligible voter or any individual who 7.7 will be an eligible voter at the time of the next election may 7.8 register to vote in the precinct in which the voter maintains 7.9 residence by completing aregistration cardvoter registration 7.10 application as described in section 201.071, subdivision 1, and 7.11 submitting it in personor by mailto the county auditor of that 7.12 county or to the Secretary of State's Office.A registration7.13that is received no later than 5:00 p.m. on the 21st day7.14preceding any election shall be accepted. An improperly7.15addressed or delivered registration card shall be forwarded7.16within two working days after receipt to the county auditor of7.17the county where the voter maintains residence. A state or7.18local agency or an individual that accepts completed voter7.19registration cards from a voter must submit the completed cards7.20to the secretary of state or the appropriate county auditor7.21within ten days after the cards are dated by the voter.7.22 Sec. 4. Minnesota Statutes 2002, section 201.061, is 7.23 amended by adding a subdivision to read: 7.24 Subd. 1b. [DUTY TO FORWARD.] A registration that is 7.25 received no later than 5:00 p.m. on the 21st day preceding any 7.26 election must be accepted. An improperly addressed or delivered 7.27 voter registration application must be forwarded within two 7.28 working days after receipt to the county auditor of the county 7.29 where the voter maintains residence. A state or local agency or 7.30 an individual that accepts completed voter registration 7.31 applications from a voter must submit the completed cards to the 7.32 secretary of state or the appropriate county auditor within ten 7.33 days after the applications are dated by the voter. 7.34 Sec. 5. Minnesota Statutes 2002, section 201.091, 7.35 subdivision 1, is amended to read: 7.36 Subdivision 1. [MASTER LIST.] Each county auditor shall 8.1 prepare and maintain a current list of registered voters in each 8.2 precinct in the county which is known as the master list. The 8.3 master list must be created by entering each completed voter 8.4 registrationcardapplication received by the county auditor 8.5 into the statewide registration system. It must show the name, 8.6 residence address, and date of birth of each voter registered in 8.7 the precinct. The information contained in the master list may 8.8 only be made available to public officials for purposes related 8.9 to election administration, jury selection, and in response to a 8.10 law enforcement inquiry concerning a violation of or failure to 8.11 comply with any criminal statute or state or local tax statute. 8.12 If a copy of the master list is provided to a public official 8.13 for jury selection or in response to a law enforcement inquiry 8.14 described in this subdivision, the list may not include the 8.15 final four digits of the Social Security number of any voter. 8.16 Sec. 6. Minnesota Statutes 2002, section 201.091, is 8.17 amended by adding a subdivision to read: 8.18 Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster 8.19 produced from data maintained in the statewide voter 8.20 registration file may not include the final four digits of the 8.21 Social Security number of any voter. 8.22 Sec. 7. Minnesota Statutes 2002, section 201.091, 8.23 subdivision 5, is amended to read: 8.24 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 8.25 auditors and the secretary of state shall providepapercopies 8.26 of the public information listsand may provide the lists in8.27some other formin electronic or other media to any voter 8.28 registered in Minnesota within ten days of receiving a written 8.29 request accompanied by payment of the cost of reproduction. The 8.30 county auditors and the secretary of state shall make a copy of 8.31 the list available for public inspection without cost. An 8.32 individual who inspects or acquires a copy of a public 8.33 information list may not use any information contained in it for 8.34 purposes unrelated to elections, political activities, or law 8.35 enforcement. No list made available for public inspection or 8.36 purchase may include the date of birth of a registered voter. 9.1 Sec. 8. Minnesota Statutes 2002, section 201.121, 9.2 subdivision 1, is amended to read: 9.3 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.]Upon9.4receivingAt the time a voter registrationcardapplication is 9.5 properly completedand, submitted, and received in accordance 9.6 with sections 201.061 and 201.071, the county auditor shall 9.7 enterinthe information contained on it into the statewide 9.8 registration systemthe information contained on iton an 9.9 expedited basis, but no later than 42 days after receipt. Voter 9.10 registrationcardsapplications completed before election day 9.11 must be entered into the statewide registration system within 9.12 ten days after they have been submitted to the county auditor. 9.13 Upon receiving a completed voter registrationcard or form9.14 application, the secretary of state may electronically transmit 9.15 the information on thecard or formapplication to the 9.16 appropriate county auditor as soon as possible for review by the 9.17 county auditor before final entry into the statewide 9.18 registration system. The secretary of state may mail the 9.19 registrationcardapplication or form to the county auditor. 9.20 Sec. 9. Minnesota Statutes 2002, section 201.155, is 9.21 amended to read: 9.22 201.155 [REPORT ON FELONY CONVICTIONS.] 9.23 Pursuant to the Help America Vote Act of 2002, Public Law 9.24 107-252, the state court administrator shall report at least 9.25 monthly to the secretary of state the name, address, date of 9.26 birth, date of sentence, effective date of the sentence, and 9.27 county in which the conviction occurred of each person who has 9.28 been convicted of a felony. The state court administrator shall 9.29 also report the name, address, and date of birth of each person 9.30 previously convicted of a felony whose civil rights have been 9.31 restored. The secretary of state may designate the county 9.32 auditor to modify the statewide voter registration system in 9.33 response to this report, in which case the secretary of state 9.34 shalldetermine if any of the persons in the report is9.35registered to vote and shall prepareforward a list of 9.36 thoseregistrants forindividuals to each county auditor. The 10.1 county auditor shall determine if any person identified in the 10.2 report as a resident of the county is registered to vote in the 10.3 county and change the status ofthose registrantseach 10.4 registrant in the appropriate manner in the statewide 10.5 registration system. 10.6 Sec. 10. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 10.7 SECURITY NUMBER.] 10.8 The secretary of state shall enter into an agreement with 10.9 the Department of Public Safety to match information in the 10.10 statewide voter registration system with information in the 10.11 Department of Public Safety database to verify the accuracy of 10.12 the information provided on applications for voter registrations. 10.13 The commissioner of public safety shall enter into an 10.14 agreement with the commissioner of the United States Social 10.15 Security Administration under section 205(r)(8) of the Social 10.16 Security Act to allow the use of the last four digits of the 10.17 Social Security number to be used to verify voter registration 10.18 information, to ensure the maintenance of the confidentiality of 10.19 any applicable information disclosed, and to establish 10.20 procedures to permit the department to use the information for 10.21 purposes of maintaining its records. 10.22 Sec. 11. Minnesota Statutes 2002, section 201.171, is 10.23 amended to read: 10.24 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 10.25 REGISTRATION REMOVED.] 10.26 Within six weeks after every election, the county auditor 10.27 shall post the voting history for every person who voted in the 10.28 election. After the close of the calendar year, the secretary 10.29 of state shall determine if any registrants have not voted 10.30 during the preceding four yearsand. The secretary of state 10.31 shallchangeperform list maintenance by changing the status of 10.32 those registrants to "inactive" in the statewide registration 10.33 system. The list maintenance performed must be conducted in a 10.34 manner that ensures that the name of each registered voter 10.35 appears in the official list of eligible voters in the statewide 10.36 registration system. Only voters who are not registered or who 11.1 are not eligible to vote must be removed from the official list 11.2 of eligible voters. List maintenance must include procedures 11.3 for eliminating duplicate names from the official list of 11.4 eligible voters. 11.5 The secretary of state shall also prepare a report to the 11.6 county auditor containing the names of all registrants whose 11.7 status was changed to "inactive." 11.8 Although not counted in an election, a late absentee ballot 11.9 must be considered a vote for the purpose of continuing 11.10 registration. 11.11 Sec. 12. Minnesota Statutes 2002, section 201.221, 11.12 subdivision 2, is amended to read: 11.13 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 11.14 of state shall assist local election officers by devising 11.15 uniform forms and procedures. The secretary of state shall 11.16 provide uniform rules for maintaining voter registration records 11.17 on the statewide registration system. The secretary of state 11.18 shall supervise the development and use of the statewide 11.19 registration system to insure that it conforms to applicable 11.20 federal and state laws and rules. 11.21 Sec. 13. Minnesota Statutes 2002, section 203B.08, 11.22 subdivision 3, is amended to read: 11.23 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 11.24 ballots are returned to a county auditor or municipal clerk, 11.25 that official shall stamp and date the return envelope with an 11.26 official seal of the office and place it in a secure location 11.27 with other return envelopes received by that office. The county 11.28 auditor or municipal clerk shall deliverthemto the appropriate 11.29 election judges on election day all ballots received before or 11.30 with the last mail delivery by the United States Postal Service 11.31 on election day. A town clerk may request the United States 11.32 Postal Service to deliver absentee ballots to the polling place 11.33 on election day instead of to the official address of the town 11.34 clerk. 11.35 Sec. 14. Minnesota Statutes 2002, section 203B.16, is 11.36 amended by adding a subdivision to read: 12.1 Subd. 4. [DESIGNATION OF OFFICE.] The Office of the 12.2 Secretary of State is responsible for providing information 12.3 regarding voter registration and absentee balloting procedures 12.4 to be used by absent uniformed services voters, their spouses 12.5 and dependents, and voters overseas. 12.6 Sec. 15. Minnesota Statutes 2002, section 203B.17, is 12.7 amended to read: 12.8 203B.17 [APPLICATION FOR BALLOT.] 12.9 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 12.10 application for absentee ballots for a voter described in 12.11 section 203B.16 may be submitted in writing or by electronic 12.12 facsimile device, or by electronic mail upon determination by 12.13 the secretary of state that security concerns have been 12.14 adequately addressed. An application for absentee ballots for a 12.15 voter described in section 203B.16 may be submitted by that 12.16 voter or by that voter's parent, spouse, sister, brother, or 12.17 child over the age of 18 years. For purposes of an application 12.18 under this subdivision, a person's Social Security number, no 12.19 matter how it is designated, qualifies as the person's military 12.20 identification number if the person is in the military. 12.21 (b) An application for a voter described in section 12.22 203B.16, subdivision 1, shall be submitted to the county auditor 12.23 of the county where the voter maintains residence. 12.24 (c) An application for a voter described in section 12.25 203B.16, subdivision 2, shall be submitted to the county auditor 12.26 of the county where the voter last maintained residence in 12.27 Minnesota. 12.28 (d) An application for absentee ballotsfor a primaryshall 12.29also constitute an application for absentee ballots for any12.30ensuingbe valid for any primary, special primary, general 12.31 election, or special electionconducted during the same calendar12.32year in whichfrom the time the application is received through 12.33 the next two regularly scheduled general elections for federal 12.34 office held after the date on which the application is received. 12.35 (e) There shall be no limitation of time for filing and 12.36 receiving applications for ballots under sections 203B.16 to 13.1 203B.27. 13.2 Subd. 2. [REQUIRED INFORMATION.] An application shall be 13.3 accepted if it contains the following information stated under 13.4 oath: 13.5 (a) The voter's name, birthdate, and present address of 13.6 residence in Minnesota, or former address of residence in 13.7 Minnesota if the voter is living permanently outside the United 13.8 States; 13.9 (b) A statement indicating that the voter is in the 13.10 military, or is the spouse or dependent of an individual serving 13.11 in the military, or is temporarily outside the territorial 13.12 limits of the United States, or is living permanently outside 13.13 the territorial limits of the United States and voting under 13.14 federal law; 13.15 (c) A statement that the voter expects to be absent from 13.16 the precinct at the time of the election; 13.17 (d) The address to which absentee ballots are to be mailed; 13.18 (e) The voter's signature or the signature and relationship 13.19 of the individual authorized to apply on the voter's behalf; and 13.20 (f) The voter's military identification card number, 13.21 passport number, or, if the voter does not have a valid passport 13.22 or identification card, the signed statement of an individual 13.23 authorized to administer oaths or a commissioned or 13.24 noncommissioned officer of the military not below the rank of 13.25 sergeant or its equivalent, certifying that the voter or other 13.26 individual requesting absentee ballots has attested to the 13.27 truthfulness of the contents of the application under oath. 13.28 The oath taken must be the standard oath prescribed by 13.29 section 101(b)(7) of the Uniformed and Overseas Citizens 13.30 Absentee Voting Act. 13.31 A form for providing this information shall be prepared by 13.32 each county auditor and shall be furnished to individuals who 13.33 request it pursuant to this section. 13.34 Sec. 16. Minnesota Statutes 2002, section 203B.19, is 13.35 amended to read: 13.36 203B.19 [RECORDING APPLICATIONS.] 14.1 Upon accepting an application, the county auditor shall 14.2 record in the statewide registration system the voter's name, 14.3 address of present or former residence in Minnesota, mailing 14.4 address, school district number, andthe category under section14.5203B.16, to which the voter belongswhether the voter is in the 14.6 military or the spouse or dependent of an individual serving in 14.7 the military, is a voter temporarily outside the territorial 14.8 limits of the United States, or is living permanently outside 14.9 the territorial limits of the United States and voting under 14.10 federal law. The county auditor shall retain the record 14.11 forfoursix years. A voter whose name is recorded as provided 14.12 in this section shall not be required to register under any 14.13 other provision of law in order to vote under sections 203B.16 14.14 to 203B.27. Persons from whom applications are not accepted 14.15 must be notified by the county auditor and provided with the 14.16 reasons for the rejection. 14.17 No later than 60 days after the general election, the 14.18 county auditor shall report to the secretary of state the 14.19 combined number of absentee ballots transmitted to absent voters 14.20 described in section 203B.16. No later than 60 days after the 14.21 general election, the county auditor shall report to the 14.22 secretary of state the combined number of absentee ballots 14.23 returned and cast by absent voters described in section 14.24 203B.16. The secretary of state may require the information be 14.25 reported by category under section 203B.16 or by precinct. 14.26 No later than 90 days after the general election, the 14.27 secretary of state shall report to the federal Election 14.28 Assistance Commission the number of absentee ballots transmitted 14.29 to voters under section 203B.16. 14.30 Sec. 17. Minnesota Statutes 2002, section 203B.26, is 14.31 amended to read: 14.32 203B.26 [SEPARATE RECORD.] 14.33 A separate record of the ballots of absent voters cast 14.34 under sections 203B.16 to 203B.27shallmust be kept in each 14.35 precinct. The content of the record must be in a form 14.36 prescribed by the secretary of state. 15.1 Sec. 18. Minnesota Statutes 2002, section 204B.47, is 15.2 amended to read: 15.3 204B.47 [ALTERNATEALTERNATIVE ELECTION PROCEDURES; DUTIES 15.4 OF SECRETARY OF STATE.] 15.5 When a provision of the Minnesota Election Law cannot be 15.6 implemented as a result of an order of a state or federal court, 15.7 the secretary of state shall adoptalternatealternative 15.8 election procedures to permit the administration of any election 15.9 affected by the order. The procedures may include the voting 15.10 and handling of ballots cast after 8:00 p.m. as a result of a 15.11 state or federal court order or any other order extending the 15.12 time established by law for closing the polls. Thealternate15.13 alternative election procedures remain in effect until the first 15.14 day of July following the next succeeding final adjournment of 15.15 the legislature, unless otherwise provided by law or by court 15.16 order. 15.17 Sec. 19. [204C.50] [POSTELECTION SECURITY AND 15.18 CERTIFICATION REVIEW.] 15.19 Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a) The 15.20 Office of the Secretary of State shall, within three days after 15.21 each state general election beginning in 2006, randomly select 15.22 80 precincts for postelection review as defined in this 15.23 section. The precincts must be selected so that an equal number 15.24 of precincts are selected in each congressional district of the 15.25 state. Of the precincts in each congressional district, at 15.26 least five must have had more than 500 votes cast, and at least 15.27 two must have had fewer than 500 votes cast. The secretary of 15.28 state must promptly provide notices of which precincts are 15.29 chosen to the election administration officials who are 15.30 responsible for the conduct of elections in those precincts. 15.31 (b) One week before the state general election beginning in 15.32 2006, the secretary of state must post on the office Web site 15.33 the date, time, and location at which precincts will be randomly 15.34 chosen for review under this section. The chair of each major 15.35 political party may appoint a designee to observe the random 15.36 selection process. 16.1 Subd. 2. [SCOPE AND CONDUCT OF THE REVIEW.] Each review 16.2 must consist of at least the following: 16.3 (a) The election officials immediately responsible for a 16.4 precinct chosen for review must conduct the following review and 16.5 submit the results in writing to the state canvassing board 16.6 before it meets to canvass the election: 16.7 (1) a hand tally of the paper ballots, of whatever kind 16.8 used in that precinct, for each contested election; 16.9 (2) a recount using the actual machine and software used on 16.10 election day, if a precinct-count or central-count automated 16.11 voting system was used; and 16.12 (3) a comparison of the hand tally with the reported 16.13 results for the precinct in the county canvassing board report, 16.14 as well as the actual tape of any automated tabulation produced 16.15 by any precinct-count or central-count optical scan equipment 16.16 that may have been used to tabulate votes cast in that precinct. 16.17 (b) The staff of the Office of the Secretary of State shall 16.18 conduct or directly supervise a review of the procedures used by 16.19 the election officials at all levels for a precinct chosen for 16.20 review, including an inspection of the materials retained for 16.21 the official 22-month retention period, such as the rosters, the 16.22 incident log, and the ballots themselves. The staff must submit 16.23 a written report to the secretary of state before the next 16.24 regularly scheduled meeting of the State Canvassing Board. 16.25 Subd. 3. [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 16.26 EQUIPMENT.] Each comparison of the precinct-count or 16.27 central-count tabulating equipment system with the review 16.28 described in subdivision 2, paragraph (a), must be accurate to 16.29 within one-half of one percent variation for each contested 16.30 election. If any review conducted under subdivision 2, 16.31 paragraph (a), reveals a discrepancy greater than one-half of 16.32 one percent, the Office of the Secretary of State shall as soon 16.33 as practicable conduct an additional review of at least ten 16.34 percent of the tabulating equipment used in the jurisdiction of 16.35 the election for which the discrepancy was discovered. If this 16.36 review results in a discrepancy greater than the one-half 17.1 percent standard, the Office of the Secretary of State must 17.2 conduct a complete audit of the election for which the 17.3 discrepancy was discovered. If a complete audit must be 17.4 conducted, the results of the audit must be used by the 17.5 canvassing board in making its report and determinations of 17.6 persons elected and propositions rejected or approved. If a 17.7 voting system is found to have failed to record votes in a 17.8 manner that indicates electronic operational failure, the 17.9 canvassing board must use the voter-verifiable audit records to 17.10 determine the votes cast on the system, unless the audit records 17.11 were also impaired by the operational failure of the voting 17.12 machine. Notwithstanding section 204C.33, subdivision 3, the 17.13 result of any election subject to this audit must not be 17.14 declared until the audit is completed. 17.15 Subd. 4. [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 17.16 JUDGES AND ADMINISTRATORS.] Each comparison of materials and 17.17 documents generated in the course of the election in the 17.18 selected precinct is expected to reveal no substantive errors 17.19 and a minimum of technical issues by election judges and 17.20 administrators. 17.21 Subd. 5. [FAILURE TO MEET STANDARDS.] (a) If a voting 17.22 system fails to meet the standard set forth in subdivision 3, 17.23 the manufacturer of the model of machine in question must obtain 17.24 recertification pursuant to section 206.57 and rules adopted 17.25 under that section, and is liable for penalties under section 17.26 206.66. 17.27 (b) If election judges or administrators fail to meet the 17.28 standard in subdivision 4, the judges and administrators for the 17.29 county where the precinct is located must attend training 17.30 designed to eliminate the errors causing the failure. The 17.31 Office of the Secretary of State must consider whether those 17.32 errors or issues warrant inclusion in the statewide training 17.33 programs conducted by the Office of the Secretary of State. 17.34 Subd. 6. [COSTS OF REVIEW.] The costs of conducting the 17.35 review required by this section must be allocated as follows: 17.36 (a) The county or municipality responsible for each 18.1 precinct selected for review must bear costs incurred under 18.2 subdivision 2, paragraph (a). 18.3 (b) The secretary of state must bear the costs incurred 18.4 under subdivision 2, paragraph (b), and subdivision 3, including 18.5 travel, expenses, and staff time of the Office of the Secretary 18.6 of State. 18.7 Sec. 20. Minnesota Statutes 2002, section 206.57, is 18.8 amended by adding a subdivision to read: 18.9 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 18.10 December 31, 2005, the voting method used in each polling place 18.11 must include a voting system that is accessible for individuals 18.12 with disabilities, including nonvisual accessibility for the 18.13 blind and visually impaired in a manner that provides the same 18.14 opportunity for access and participation, including privacy and 18.15 independence, as for other voters. 18.16 Sec. 21. Minnesota Statutes 2002, section 206.57, is 18.17 amended by adding a subdivision to read: 18.18 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 18.19 requirements in subdivision 1, a voting system must be certified 18.20 by an independent testing authority approved by the secretary of 18.21 state and conform to current standards for voting equipment 18.22 issued by the Federal Election Commission or its successor, the 18.23 Election Assistance Commission. 18.24 Sec. 22. Minnesota Statutes 2002, section 206.81, is 18.25 amended to read: 18.26 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 18.27 (a) The secretary of state maylicenseapprove an 18.28 electronic voting system for experimental use at an election 18.29 prior to its approval for general use. 18.30 (b) The secretary of state mustlicenseapprove one or more 18.31touch-sensitivedirect recording electronic voting systems for 18.32 experimental use at an election before their approval for 18.33 general use and may impose restrictions on their use. At least 18.34 one voting systemlicensedapproved under this paragraph must 18.35 permit sighted persons to vote and at least one system must 18.36 permit a blind or visually impaired voter to cast a ballot 19.1 independently and privately. 19.2 (c) Experimental use must be observed by the secretary of 19.3 state or the secretary's designee and the results observed must 19.4 be considered at any subsequent proceedings for approval for 19.5 general use. 19.6 (d) The secretary of state may adopt rules consistent with 19.7 sections 206.55 to 206.90 relating to experimental use. The 19.8 extent of experimental use must be determined by the secretary 19.9 of state. 19.10 Sec. 23. [AGREEMENTS.] 19.11 Subdivision 1. [COMMISSIONER OF HEALTH.] The secretary of 19.12 state and the commissioner of health shall determine by mutual 19.13 agreement the means to electronically transfer death records 19.14 between agency systems. 19.15 Subd. 2. [STATE COURT ADMINISTRATOR.] The secretary of 19.16 state and the state court administrator shall determine by 19.17 mutual agreement the means to electronically transfer 19.18 guardianship and incompetency records and felony conviction 19.19 records between agency systems. 19.20 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 19.21 of public safety and the secretary of state shall determine by 19.22 mutual agreement the means to electronically transfer driver's 19.23 license records between agency systems. 19.24 Sec. 24. [EFFECTIVE DATE.] 19.25 This article is effective the day following final enactment. 19.26 ARTICLE 3 19.27 ELECTIONS ADMINISTRATION TECHNICAL CHANGES 19.28 Section 1. Minnesota Statutes 2002, section 5.08, is 19.29 amended to read: 19.30 5.08 [LEGISLATIVE MANUAL.] 19.31 Subdivision 1. [PREPARATION.] The secretary of state shall 19.32 prepare, compile, edit, and distribute for use at each regular 19.33 legislative session, a convenient manual, properly indexed, and 19.34 containing: The federal and state constitutions; the acts of 19.35 Congress relating to the organization of the territory and 19.36 state; the rules of order and joint rules of the two houses, and 20.1 lists of their members, committees and employees; the names of 20.2 all state officials, whether elected or appointed, and of all 20.3 persons holding office from this state under the national 20.4 government, including postmasters appointed by the president; 20.5 the places where the said several officials reside, and the 20.6 annual compensation of each; and statistical and other 20.7 information of the kind heretofore published in the legislative 20.8 manuals. 20.9 Subd. 2. [DISTRIBUTION.]15,00010,000 copies of the 20.10 legislative manual shall be printed and distributed as follows: 20.11 (1) up to2520 copies shall be available to each member of 20.12 the legislature on request; 20.13 (2) 50 copies to the State Historical Society; 20.14 (3) 25 copies to the state university; 20.15 (4) 60 copies to the state library; 20.16 (5) two copies each to the Library of Congress, the 20.17 Minnesota veteranshomehomes, thestateuniversities, thestate20.18 high schools,the publicacademies, seminaries, and colleges of 20.19 the state, and thefreepublic libraries of the state; 20.20 (6) one copy each to other state institutions, the elective 20.21 state officials, the appointed heads of departments, the 20.22 officers and employees of the legislature, the justices of the 20.23 Supreme Court, the judges of the Court of Appeals and the 20.24 district court, the senators and representatives in Congress 20.25 from this state, and the county auditors, recorders, and county 20.26 attorneys; 20.27 (7) one copy to eachpublicschool, to be distributed 20.28 through the superintendent of each school district; and 20.29 (8) the remainder may be disposed of as the secretary of 20.30 state deems best. 20.31 Sec. 2. Minnesota Statutes 2002, section 15.0597, 20.32 subdivision 2, is amended to read: 20.33 Subd. 2. [COLLECTION OF DATA.] The chair of an existing 20.34 agency or the chair's designee, or the appointing authority for 20.35 the members of a newly created agency, shall provide the 20.36 secretary,on formsin an electronic format prepared and 21.1 distributed by the secretary, with the following data pertaining 21.2 to that agency: 21.3 (1) the name of the agency, its mailing address, and 21.4 telephone number; 21.5 (2) the legal authority for the creation of the agency and 21.6 the name of the person appointing agency members; 21.7 (3) the powers and duties of the agency; 21.8 (4) the number of authorized members, together with any 21.9 prescribed restrictions on eligibility such as employment 21.10 experience or geographical representation; 21.11 (5) the dates of commencement and expiration of the 21.12 membership terms and the expiration date of the agency, if any; 21.13 (6) the compensation of members, and appropriations or 21.14 other funds available to the agency; 21.15 (7) the regular meeting schedule, if any, and approximate 21.16 number of hours per month of meetings or other activities 21.17 required of members; 21.18 (8) the roster of current members, including mailing 21.19 addresses, electronic mail addresses, and telephone numbers; and 21.20 (9) a breakdown of the membership showing distribution by 21.21 county, legislative district, and congressional district, and, 21.22 only if the member has voluntarily supplied the information, the 21.23 sex, political party preference or lack of party preference, 21.24 race, and national origin of the members. 21.25 The secretary mayprovide forrequire the submission of 21.26 data in accordance with this subdivision by electronic means. 21.27 The publication requirement under clause (8) may be met by 21.28 publishing a member's home or business address and telephone 21.29 number, the address and telephone number of the agency to which 21.30 the member is appointed, the member's electronic mail address, 21.31 if provided, or any other information that would enable the 21.32 public to communicate with the member. 21.33 Sec. 3. Minnesota Statutes 2002, section 15.0597, 21.34 subdivision 3, is amended to read: 21.35 Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of 21.36 state shall provide for annual updating of the required data and 22.1 shall annually arrange for the publicationin the State Register22.2 on the Web site of the secretary of state of the compiled data 22.3 from all agencies on or about October 15 of each year.Copies22.4ofThe compilation must be electronically delivered to the 22.5 governor and the legislature. Paper copies of the compilation 22.6 must be made available by the secretary to any interested person 22.7 at cost, and copies must be available for viewing by interested 22.8 persons. The chair of an agency who does not submit data 22.9 required by this section or who does not notify the secretary of 22.10 a vacancy in the agency, is not eligible for a per diem or 22.11 expenses in connection with agency service until December 1 of 22.12 the following year. 22.13 Sec. 4. Minnesota Statutes 2002, section 15.0597, 22.14 subdivision 4, is amended to read: 22.15 Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing 22.16 agency, shall notify the secretary by electronic means of a 22.17 vacancy scheduled to occur in the agency as a result of the 22.18 expiration of membership terms at least 45 days before the 22.19 vacancy occurs. The chair of an existing agency shall 22.20 givewrittenelectronic notification to the secretary of each 22.21 vacancy occurring as a result of newly created agency positions 22.22 and of every other vacancy occurring for any reason other than 22.23 the expiration of membership terms as soon as possible upon 22.24 learning of the vacancy and in any case within 15 days after the 22.25 occurrence of the vacancy. The appointing authority for newly 22.26 created agencies shall givewrittenelectronic notification to 22.27 the secretary of all vacancies in the new agency within 15 days 22.28 after the creation of the agency. The secretary mayprovide for22.29 require the submission of notices required by this subdivision 22.30 by electronic means. The secretary shall publish monthlyin the22.31State Registeron the Web site of the secretary of state a list 22.32 of all vacancies of which the secretary has been so notified. 22.33 Only one notice of a vacancy shall be so published, unless the 22.34 appointing authority rejects all applicants and requests the 22.35 secretary to republish the notice of vacancy. One copy of the 22.36 listing shall be made available at the office of the secretary 23.1 to any interested person. The secretary shall distribute by 23.2 mail or electronic means copies of the listings to requesting 23.3 persons. The listing for all vacancies scheduled to occur in 23.4 the month of January shall be publishedin the State Registeron 23.5 the Web site of the secretary of state together with the 23.6 compilation of agency data required to be published pursuant to 23.7 subdivision 3. 23.8 If a vacancy occurs within three months after an 23.9 appointment is made to fill a regularly scheduled vacancy, the 23.10 appointing authority may, upon notification by electronic means 23.11 to the secretary, fill the vacancy by appointment from the list 23.12 of persons submitting applications to fill the regularly 23.13 scheduled vacancy. 23.14 Sec. 5. Minnesota Statutes 2002, section 15.0597, 23.15 subdivision 5, is amended to read: 23.16 Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make 23.17 a self-nomination for appointment to an agency vacancy by 23.18 completing an application on a form prepared and distributed by 23.19 the secretary. The secretary may provide for the submission of 23.20 the application by electronic means. Any person or group of 23.21 persons may, on the prescribed application form, nominate 23.22 another person to be appointed to a vacancy so long as the 23.23 person so nominated consentsin writingon the application form 23.24 to the nomination. The application form shall specify the 23.25 nominee's name, mailing address, electronic mail address, 23.26 telephone number, preferred agency position sought, a statement 23.27 that the nominee satisfies any legally prescribed 23.28 qualifications, a statement whether the applicant has ever been 23.29 convicted of a felony, and any other information the nominating 23.30 person feels would be helpful to the appointing authority. The 23.31 nominating person has the option of indicating the nominee's 23.32 sex, political party preference or lack thereof, status with 23.33 regard to disability, race, and national origin on the 23.34 application form. The application form shall make the option 23.35 known. If a person submits an application at the suggestion of 23.36 an appointing authority, the person shall so indicate on the 24.1 application form. Twenty-one days after publication of a 24.2 vacancyin the State Registeron the Web site of the secretary 24.3 of state pursuant to subdivision 4, the secretary shall 24.4 submit electronic copies of all applications received for a 24.5 position to the appointing authority charged with filling the 24.6 vacancy. If no applications have been received by the secretary 24.7 for the vacant position by the date when electronic copies must 24.8 be submitted to the appointing authority, the secretary shall so 24.9 inform the appointing authority. Applications received by the 24.10 secretary shall be deemed to have expired one year after receipt 24.11 of the application. An application for a particular agency 24.12 position shall be deemed to be an application for all vacancies 24.13 in that agency occurring prior to the expiration of the 24.14 application and shall be public information. 24.15 Sec. 6. Minnesota Statutes 2002, section 15.0597, 24.16 subdivision 6, is amended to read: 24.17 Subd. 6. [APPOINTMENTS.] In making an appointment to a 24.18 vacant agency position, the appointing authority shall consider 24.19 applications for positions in that agency supplied by the 24.20 secretary. No appointing authority may appoint someone to a 24.21 vacant agency position until (1) ten days after receipt of the 24.22 applications for positions in that agency from the secretary or 24.23 (2) receipt of notice from the secretary that no applications 24.24 have been received for vacant positions in that agency. At 24.25 least five days before the date of appointment, the appointing 24.26 authority shall issue a public announcement and inform the 24.27 secretaryin writingby electronic means of the name of the 24.28 person the appointing authority intends to appoint to fill the 24.29 agency vacancy and the expiration date of that person's term. 24.30 If the appointing authority intends to appoint a person other 24.31 than one for whom an application was submitted pursuant to this 24.32 section, the appointing authority shall complete an application 24.33 form on behalf of the appointee and submit it to the secretary 24.34 indicating on the application that it is submitted by the 24.35 appointing authority. 24.36 Sec. 7. Minnesota Statutes 2002, section 15.0597, 25.1 subdivision 7, is amended to read: 25.2 Subd. 7. [REPORT.] Together with the compilation required 25.3 in subdivision 3, the secretary shall annually deliver to the 25.4 governor and the legislature a report in an electronic format 25.5 containing the following information: 25.6 (1) the number of vacancies occurring in the preceding 25.7 year; 25.8 (2) the number of vacancies occurring as a result of 25.9 scheduled ends of terms, unscheduled vacancies and the creation 25.10 of new positions; 25.11 (3) breakdowns by county, legislative district, and 25.12 congressional district, and, if known, the sex, political party 25.13 preference or lack thereof, status with regard to disability, 25.14 race, and national origin, for members whose agency membership 25.15 terminated during the year and appointees to the vacant 25.16 positions; and 25.17 (4) the number of vacancies filled from applications 25.18 submitted by (i) the appointing authorities for the positions 25.19 filled, (ii) nominating persons and self-nominees who submitted 25.20 applications at the suggestion of appointing authorities, and 25.21 (iii) all others. 25.22 Sec. 8. Minnesota Statutes 2002, section 15.0599, 25.23 subdivision 4, is amended to read: 25.24 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The 25.25 appointing authority of a newly established agency or the 25.26 authority's designee shall provide the secretary with the 25.27 following information: 25.28 (1) the name, mailing address, electronic mail address, and 25.29 telephone number of the agency; 25.30 (2) the legal authority for the establishment of the agency 25.31 and the name and the title of the person or persons appointing 25.32 agency members; 25.33 (3) the powers and duties of the agency and whether the 25.34 agency, however designated, is best described by section 15.012, 25.35 paragraph (a), (b), (c), (e), or (f); 25.36 (4) the number of authorized members, together with any 26.1 prescribed restrictions on eligibility; 26.2 (5) the roster of current members, including mailing 26.3 addresses, electronic mail addresses, and telephone numbers; 26.4 (6) a breakdown of the membership showing distribution by 26.5 county, legislative district, and congressional district and 26.6 compliance with any restrictions listed in accordance with 26.7 clause (4); 26.8 (7) if any members have voluntarily provided the 26.9 information, the sex, age, political preference or lack of 26.10 preference, status with regard to disability, race, and national 26.11 origin of those members; 26.12 (8) the dates of commencement and expiration of membership 26.13 terms and the expiration date of the agency, if any; 26.14 (9) the compensation of members and appropriations or other 26.15 money available to the agency; 26.16 (10) the name of the state agency or other entity, if any, 26.17 required to provide staff or administrative support to the 26.18 agency; 26.19 (11) the regular meeting schedule, if any, and the 26.20 approximate number of hours a month of meetings or other 26.21 activities required of members; and 26.22 (12) a brief statement of the goal or purpose of the 26.23 agency, along with a summary of what an existing agency has 26.24 done, or what a newly established agency plans to do to achieve 26.25 its goal or purpose. 26.26 The publication requirement under clause (5) may be met by 26.27 publishing a member's home or business address and telephone 26.28 number, the address and telephone number of the agency to which 26.29 the member is appointed, the member's electronic mail address, 26.30 or any other information that would enable the public to 26.31 communicate with the member. 26.32 (b) The chair of an existing agency or the chair's designee 26.33 shall provide information, covering the fiscal year in which it 26.34 is registering, on the number of meetings it has held, its 26.35 expenses, and the number of staff hours, if any, devoted to its 26.36 support. The chair or designee shall also, if necessary, update 27.1 any of the information previously provided in accordance with 27.2 paragraph (a). 27.3 (c) The secretary shall provide electronic forms for the 27.4 reporting of information required by this subdivision and 27.5 mayprovide forrequire reporting by electronic means. 27.6 Sec. 9. Minnesota Statutes 2003 Supplement, section 27.7 126C.17, subdivision 9, is amended to read: 27.8 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 27.9 by section 126C.10, subdivision 1, may be increased in the 27.10 amount approved by the voters of the district at a referendum 27.11 called for the purpose. The referendum may be called by the 27.12 board or shall be called by the board upon written petition of 27.13 qualified voters of the district. The referendum must be 27.14 conducted one or two calendar years before the increased levy 27.15 authority, if approved, first becomes payable. Only one 27.16 election to approve an increase may be held in a calendar year. 27.17 Unless the referendum is conducted by mail under paragraph (g), 27.18 the referendum must be held on the first Tuesday after the first 27.19 Monday in November. The ballot must state the maximum amount of 27.20 the increased revenue per resident marginal cost pupil unit, the 27.21 estimated referendum tax rate as a percentage of referendum 27.22 market value in the first year it is to be levied, and that the 27.23 revenue must be used to finance school operations. The ballot 27.24 may state a schedule, determined by the board, of increased 27.25 revenue per resident marginal cost pupil unit that differs from 27.26 year to year over the number of years for which the increased 27.27 revenue is authorized. If the ballot contains a schedule 27.28 showing different amounts, it must also indicate the estimated 27.29 referendum tax rate as a percent of referendum market value for 27.30 the amount specified for the first year and for the maximum 27.31 amount specified in the schedule. The ballot may state that 27.32 existing referendum levy authority is expiring. In this case, 27.33 the ballot may also compare the proposed levy authority to the 27.34 existing expiring levy authority, and express the proposed 27.35 increase as the amount, if any, over the expiring referendum 27.36 levy authority. The ballot must designate the specific number 28.1 of years, not to exceed ten, for which the referendum 28.2 authorization applies. The notice required under section 275.60 28.3 may be modified to read, in cases of renewing existing levies: 28.4 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 28.5 FOR A PROPERTY TAX INCREASE." 28.6 The ballot may contain a textual portion with the 28.7 information required in this subdivision and a question stating 28.8 substantially the following: 28.9 "Shall the increase in the revenue proposed by (petition 28.10 to) the board of ........., School District No. .., be approved?" 28.11 If approved, an amount equal to the approved revenue per 28.12 resident marginal cost pupil unit times the resident marginal 28.13 cost pupil units for the school year beginning in the year after 28.14 the levy is certified shall be authorized for certification for 28.15 the number of years approved, if applicable, or until revoked or 28.16 reduced by the voters of the district at a subsequent referendum. 28.17 (b) The board must prepare and deliver by first class mail 28.18 at least 15 days but no more than 30 days before the day of the 28.19 referendum to each taxpayer a notice of the referendum and the 28.20 proposed revenue increase. The board need not mail more than 28.21 one notice to any taxpayer. For the purpose of giving mailed 28.22 notice under this subdivision, owners must be those shown to be 28.23 owners on the records of the county auditor or, in any county 28.24 where tax statements are mailed by the county treasurer, on the 28.25 records of the county treasurer. Every property owner whose 28.26 name does not appear on the records of the county auditor or the 28.27 county treasurer is deemed to have waived this mailed notice 28.28 unless the owner has requested in writing that the county 28.29 auditor or county treasurer, as the case may be, include the 28.30 name on the records for this purpose. The notice must project 28.31 the anticipated amount of tax increase in annual dollars and 28.32 annual percentage for typical residential homesteads, 28.33 agricultural homesteads, apartments, and commercial-industrial 28.34 property within the school district. The notice is not an 28.35 official ballot. 28.36 The notice for a referendum may state that an existing 29.1 referendum levy is expiring and project the anticipated amount 29.2 of increase over the existing referendum levy in the first year, 29.3 if any, in annual dollars and annual percentage for typical 29.4 residential homesteads, agricultural homesteads, apartments, and 29.5 commercial-industrial property within the district. 29.6 The notice must include the following statement: "Passage 29.7 of this referendum will result in an increase in your property 29.8 taxes." However, in cases of renewing existing levies, the 29.9 notice may include the following statement: "Passage of this 29.10 referendum may result in an increase in your property taxes." 29.11 (c) A referendum on the question of revoking or reducing 29.12 the increased revenue amount authorized pursuant to paragraph 29.13 (a) may be called by the board and shall be called by the board 29.14 upon the written petition of qualified voters of the district. 29.15 A referendum to revoke or reduce the revenue amount must state 29.16 the amount per resident marginal cost pupil unit by which the 29.17 authority is to be reduced. Revenue authority approved by the 29.18 voters of the district pursuant to paragraph (a) must be 29.19 available to the school district at least once before it is 29.20 subject to a referendum on its revocation or reduction for 29.21 subsequent years. Only one revocation or reduction referendum 29.22 may be held to revoke or reduce referendum revenue for any 29.23 specific year and for years thereafter. 29.24 (d) A petition authorized by paragraph (a) or (c) is 29.25 effective if signed by a number of qualified voters in excess of 29.26 15 percent of the registered voters of the district on the day 29.27 the petition is filed with the board. A referendum invoked by 29.28 petition must be held on the date specified in paragraph (a). 29.29 (e) The approval of 50 percent plus one of those voting on 29.30 the question is required to pass a referendum authorized by this 29.31 subdivision. 29.32 (f) At least 15 days before the day of the referendum, the 29.33 district must submit a copy of the notice required under 29.34 paragraph (b) to the commissioner and to the county auditor of 29.35 each county in which the district is located. Within 15 days 29.36 after the results of the referendum have been certified by the 30.1 board, or in the case of a recount, the certification of the 30.2 results of the recount by the canvassing board, the district 30.3 must notify the commissioner of the results of the referendum. 30.4 Sec. 10. Minnesota Statutes 2002, section 201.161, is 30.5 amended to read: 30.6 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 30.7 APPLICATIONS.] 30.8 The Department of Public Safety shall change its 30.9 applications for an original, duplicate, or change of address 30.10 driver's license or identification card so that the forms may 30.11 also serve as voter registrationcardsapplications. The forms 30.12 must contain spaces fortheall informationrequired in section30.13201.071, subdivision 1, and applicable rules ofcollected by 30.14 voter registration applications prescribed by the secretary of 30.15 state. Applicants for driver's licenses or identification cards 30.16 must be asked if they want to register to vote at the same 30.17 time. A copy of each application containing a completed voter 30.18 registration must be sent to the county auditor of the county in 30.19 which the voter maintains residence or to the secretary of state 30.20 as soon as possible. The computerized driver's license record 30.21 information relating to name, address, date of birth, driver's 30.22 license number, county, town, and city must be made available 30.23 for access by the secretary of state and interaction with the 30.24 statewide voter registration system. 30.25 Sec. 11. Minnesota Statutes 2002, section 201.1611, 30.26 subdivision 1, is amended to read: 30.27 Subdivision 1. [FORMS.] All postsecondary institutions 30.28 that enroll students accepting state or federal financial aid 30.29 shall provide voter registration forms to each student as early 30.30 as possible in the fall quarter. All school districts shall 30.31 make available voter registration applications each May and 30.32 September to all students registered as students of the school 30.33 district who will be eligible to vote at the next election after 30.34 those months. A school district has no obligation to provide 30.35 voter registration applications to students who participate in a 30.36 postsecondary education option program or who otherwise reside 31.1 in the district but do not attend a school operated by the 31.2 district. A school district fulfills its obligation to a 31.3 student under this section if it provides a voter registration 31.4 application to the student one time. The forms must contain 31.5 spaces for the information required in section 201.071, 31.6 subdivision 1, and applicable rules of the secretary of state. 31.7 The institutions and school districts may request these forms 31.8 from the secretary of state. Institutions shall consult with 31.9 their campus student government in determining the most 31.10 effective means of distributing the forms and in seeking to 31.11 facilitate election day registration of students under section 31.12 201.061, subdivision 3. School districts must advise students 31.13 that completion of the voter registration applications is not a 31.14 school district requirement. 31.15 Sec. 12. Minnesota Statutes 2002, section 201.171, is 31.16 amended to read: 31.17 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 31.18 REGISTRATION REMOVED.] 31.19 Within six weeks after every election, the county auditor 31.20 shall post the voting history for every person who voted in the 31.21 election. After the close of the calendar year, the secretary 31.22 of state shall determine if any registrants have not voted 31.23 during the preceding four years and shall change the status of 31.24 those registrants to "inactive" in the statewide registration 31.25 system. The secretary of state shall also prepare a report to 31.26 the county auditor containing the names of all registrants whose 31.27 status was changed to "inactive." 31.28 Registrants whose status was changed to "inactive" must 31.29 register in the manner specified in section 201.054 before 31.30 voting in any primary, special primary, general, school 31.31 district, or special election, as required by section 201.018. 31.32 Although not counted in an election, a late absentee ballot 31.33 must be considered a vote for the purpose of continuing 31.34 registration. 31.35 Sec. 13. Minnesota Statutes 2002, section 201.221, 31.36 subdivision 3, is amended to read: 32.1 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 32.2 secretary of state shall prescribe the form of polling place 32.3 rosters that include the voter's name, address, date of birth, 32.4 school district number, and space for the voter's signature. 32.5 The polling place roster must be used to indicate whether the 32.6 voter has voted in a given election. The secretary of state 32.7 shall prescribe procedures for transporting the polling place 32.8 rosters to the election judges for use on election day.The32.9secretary of state shall prescribe the form for a county or32.10municipality to request the date of birth from currently32.11registered voters. The county or municipality shall not request32.12the date of birth from currently registered voters by any32.13communication other than the prescribed form and the form must32.14clearly indicate that a currently registered voter does not lose32.15registration status by failing to provide the date of birth.In 32.16 accordance with section 204B.40, the county auditor shall retain 32.17 the prescribed polling place rosters used on the date of 32.18 election forone year22 months following the election. 32.19 Sec. 14. Minnesota Statutes 2002, section 202A.14, 32.20 subdivision 3, is amended to read: 32.21 Subd. 3. [NOTICE.] The county or legislative district 32.22 chair shall give at least six days' published notice of the 32.23 holding of the precinct caucus, stating the place, date, and 32.24 time for holding the caucus, and shall deliver the same 32.25 information to the municipal clerk and county auditor at least 32.26 20 days before the precinct caucus. The county auditor shall 32.27 make this information available at least ten days before the 32.28 date of the caucuses to persons who request it. 32.29 Sec. 15. Minnesota Statutes 2002, section 203B.085, is 32.30 amended to read: 32.31 203B.085 [COUNTY AUDITOR'SOFFICEAND MUNICIPAL CLERK'S 32.32 OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 32.33 The county auditor's office in each county and the clerk's 32.34 office in each city or town authorized under section 203B.05 to 32.35 administer absentee balloting must be open for acceptance of 32.36 absentee ballot applications and casting of absentee ballots 33.1 from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 33.2 onMondaythe day immediately preceding a primary, special, or 33.3 general election unless that day falls on a Saturday or Sunday. 33.4 Town clerks' offices must be open for absentee voting from 10:00 33.5 a.m. to 12:00 noon on the Saturday before a town general 33.6 election held in March. The school district clerk, when 33.7 performing the county auditor's election duties, need not comply 33.8 with this section. 33.9 Sec. 16. Minnesota Statutes 2002, section 203B.125, is 33.10 amended to read: 33.11 203B.125 [SECRETARY OF STATE TO MAKE RULES.] 33.12 Subdivision 1. [AUTHORIZED RULEMAKING.] The secretary of 33.13 state shall adopt rules establishing methods and procedures for 33.14 issuing ballot cards and related absentee forms to be used as 33.15 provided in section 203B.08, subdivision 1a, and for the 33.16 reconciliation of voters and ballot cards before tabulation 33.17 under section 203B.12. 33.18 Subd. 2. [EMERGENCY PROCEDURES.] The secretary of state 33.19 may designate alternate methods for handling absentee ballots 33.20 during periods of declared national or state emergency as 33.21 described by section 12.31. This authority is exempt from the 33.22 requirements of chapter 14. 33.23 Sec. 17. Minnesota Statutes 2002, section 204B.06, 33.24 subdivision 1, is amended to read: 33.25 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 33.26 candidacy shall state the name of the office sought and shall 33.27 state that the candidate: 33.28 (1) is an eligible voter; 33.29 (2) has no other affidavit on file as a candidate for any 33.30 office at the same primary or next ensuing general election, 33.31 except that a candidate for soil and water conservation district 33.32 supervisor in a district not located in whole or in part in 33.33 Anoka, Hennepin, Ramsey, or Washington County, may also have on 33.34 file an affidavit of candidacy for mayor or council member of a 33.35 statutory or home rule charter city of not more than 2,500 33.36 population contained in whole or in part in the soil and water 34.1 conservation district or for town supervisor in a town of not 34.2 more than 2,500 population contained in whole or in part in the 34.3 soil and water conservation district; and 34.4 (3) is, or will be on assuming the office, 21 years of age 34.5 or more, and will have maintained residence in the district from 34.6 which the candidate seeks election for 30 days before the 34.7 general election. 34.8 An affidavit of candidacy must include a statement that the 34.9 candidate's name as written on the affidavit for ballot 34.10 designation is the candidate's true name or the name by which 34.11 the candidate is commonly and generally known in the community. 34.12 An affidavit of candidacy for partisan office shall also 34.13 state the name of the candidate's political party or political 34.14 principle, stated in three words or less. 34.15 (b)This subdivision does not apply to a candidate34.16 Candidates for president or vice-president of the United 34.17 States are not required to file an affidavit of candidacy for 34.18 office and this subdivision does not apply to those candidates. 34.19 Sec. 18. Minnesota Statutes 2002, section 204B.07, 34.20 subdivision 2, is amended to read: 34.21 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 34.22 subdivision does not apply to candidates for presidential 34.23 elector nominated by major political parties. Major party 34.24 candidates for presidential elector are certified under section 34.25 208.03. Other presidential electors are nominated by petition 34.26 pursuant to this section. On petitions nominating presidential 34.27 electors, the names of the candidates for president and 34.28 vice-president shall be added to the political party or 34.29 political principle stated on the petition. One petition may be 34.30 filed to nominate a slate of presidential electors equal in 34.31 number to the number of electors to which the state is 34.32 entitled.This subdivision does not apply to candidates for34.33presidential elector nominated by major political parties.34.34Major party candidates for presidential elector are certified34.35under section 208.03.34.36 Sec. 19. Minnesota Statutes 2002, section 204B.09, 35.1 subdivision 1, is amended to read: 35.2 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 35.3 ELECTIONS.] (a) Except as otherwise provided by this 35.4 subdivision, affidavits of candidacy and nominating petitions 35.5 for county, state, and federal offices filled at the state 35.6 general election shall be filed not more than 70 days nor less 35.7 than 56 days before the state primary. The affidavit may be 35.8 prepared and signed at any time between 60 days before the 35.9 filing period opens and the last day of the filing period. 35.10 (b) Notwithstanding other law to the contrary, the 35.11 affidavit of candidacy must be signed in the presence of a 35.12 notarial officer or an individual authorized to administer oaths 35.13 under section 358.10. 35.14 (c) This provision does not apply to candidates for 35.15 presidential elector nominated by major political parties. 35.16 Major party candidates for presidential elector are certified 35.17 under section 208.03. Other candidates for presidential 35.18 electors may file petitions on or before the state primary day 35.19 pursuant to section 204B.07. Nominating petitions to fill 35.20 vacancies in nominations shall be filed as provided in section 35.21 204B.13. No affidavit or petition shall be accepted later than 35.22 5:00 p.m. on the last day for filing. 35.23 (d) Affidavits and petitions for offices to be voted on in 35.24 only one county shall be filed with the county auditor of that 35.25 county. Affidavits and petitions for offices to be voted on in 35.26 more than one county shall be filed with the secretary of state. 35.27 Sec. 20. Minnesota Statutes 2002, section 204B.09, 35.28 subdivision 3, is amended to read: 35.29 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 35.30 or federal office who wants write-in votes for the candidate to 35.31 be counted must file a written request with the filing office 35.32 for the office sought no later than the fifth day before the 35.33 general election. The filing officer shall provide copies of 35.34 the form to make the request. 35.35 (b) A candidate for president of the United States who 35.36 files a request under this subdivision must include the name of 36.1 a candidate for vice-president of the United States. The 36.2 request must also include the name of at least one candidate for 36.3 presidential elector. The total number of names of candidates 36.4 for presidential elector on the request may not exceed the total 36.5 number of electoral votes to be cast by Minnesota in the 36.6 presidential election. 36.7 (c) A candidate for governor who files a request under this 36.8 subdivision must include the name of a candidate for lieutenant 36.9 governor. 36.10 Sec. 21. Minnesota Statutes 2002, section 204B.16, 36.11 subdivision 3, is amended to read: 36.12 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 36.13 designation of a polling place pursuant to this section shall 36.14 remain effective until a different polling place is designated 36.15 for that precinct. No designation of a new or different polling 36.16 place shall become effective less than 90 days prior to an 36.17 election, including school district elections or referenda, and 36.18 no polling place changes may occur during the period between the 36.19 state primary and the state general election, except that a new 36.20 polling place may be designated to replace a polling place that 36.21 has become unavailable for use. 36.22 Sec. 22. Minnesota Statutes 2002, section 204B.19, 36.23 subdivision 1, is amended to read: 36.24 Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION 36.25 JUDGES.] Except as provided in subdivision 6, any individual who 36.26 is eligible to vote inan election precinctthis state is 36.27 qualified to be appointed as an election judgefor that precinct36.28subject to this section.If the files of the appointing36.29authority do not contain sufficient voters within a precinct who36.30are qualified and willing to serve as election judges, election36.31judges may be appointed who reside in another precinct in the36.32same municipality, or for school district elections, in the same36.33school district, whether or not the precinct where they reside36.34is in the same county as the precinct where they will serve. If36.35there are not sufficient voters within the municipality or36.36school district who are qualified and willing to serve as37.1election judges, election judges may be appointed who reside in37.2the county where the precinct is located.37.3 Sec. 23. Minnesota Statutes 2002, section 204B.19, 37.4 subdivision 6, is amended to read: 37.5 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other 37.6 requirements of this section, a student enrolled in a high 37.7 school in Minnesota or who is in a homeschool in compliance with 37.8 sections 120A.22 and 120A.24, who has attained the age of 16 is 37.9 eligible to be appointed as a without party affiliation trainee 37.10 election judge in the county in which the student resides. The 37.11 student must meet qualifications for trainee election judges 37.12 specified in rules of the secretary of state. A student 37.13 appointed as a trainee election judge may be excused from school 37.14 attendance during the hours that the student is serving as a 37.15 trainee election judge if the student submits a written request 37.16 signed and approved by the student's parent or guardian to be 37.17 absent from school and a certificate from the appointing 37.18 authority stating the hours during which the student will serve 37.19 as a trainee election judge to the principal of the school at 37.20 least ten days prior to the election. Students shall not serve 37.21 as trainee election judges after 10:00 p.m. Notwithstanding 37.22 section 177.24 to the contrary, trainee election judges may be 37.23 paid not less than two-thirds of the minimum wage for a large 37.24 employer. The principal of the school may approve a request to 37.25 be absent from school conditioned on acceptable academic 37.26 performanceand the requirement that the student must have37.27completed or be enrolled in a course of study in governmentat 37.28 the time of service as a trainee election judge. 37.29 Sec. 24. Minnesota Statutes 2002, section 204B.22, is 37.30 amended by adding a subdivision to read: 37.31 Subd. 4. [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 37.32 MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 37.33 participation of election judge trainees must not be counted 37.34 toward satisfying any of the required numbers of election judges 37.35 in this chapter. 37.36 Sec. 25. Minnesota Statutes 2002, section 204B.36, 38.1 subdivision 4, is amended to read: 38.2 Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall 38.3 contain the names of all candidates for each judicial office and 38.4 shall state the number of those candidates for whom a voter may 38.5 vote. Each seat for an associate justice, associate judge, or 38.6 judge of the district court must be numbered. The words 38.7 "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 38.8 COURT" must be printed above the respective judicial office 38.9 groups on the ballot. The title of each judicial office shall 38.10 be printed on the official primary and general election ballot 38.11 as follows: 38.12 (a) In the case of the Supreme Court: 38.13 "Chief justice- Supreme Court"; 38.14 "Associate justice (number)- Supreme Court" 38.15 (b) In the case of the Court of Appeals: 38.16 "Judge (number)- Court of Appeals"; or 38.17 (c) In the case of the district court: 38.18 "Judge (number)- (number) district court." 38.19 Sec. 26. Minnesota Statutes 2002, section 204B.41, is 38.20 amended to read: 38.21 204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 38.22 When a vacancy in nomination occurs through the death or 38.23 catastrophic illness of a candidate after the 16th day before 38.24 the general election, the officer in charge of preparing the 38.25 ballots shall prepare and distribute a sufficient number of 38.26 separate paper ballots which shall be headed with the words 38.27 "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the 38.28 title of the office for which the vacancy in nomination has been 38.29 filled and the names of all the candidates nominated for that 38.30 office. The ballot shall conform to the provisions governing 38.31 the printing of other official ballots as far as practicable. 38.32 The title of the office and the names of the candidates for that 38.33 office shall be blotted out or stricken from the regular ballots 38.34 by the election judges. The official supplemental ballot shall 38.35 be given to each voter when the voter is given the regular 38.36 ballot or is directed to the voting machine. Regular ballots 39.1 shall not be changed nor shall official supplemental ballots be 39.2 prepared as provided in this section during thethreesix 39.3 calendar days before an election. Absentee ballots that have 39.4 been mailed prior to the preparation of official supplemental 39.5 ballots shall be counted in the same manner as if the vacancy 39.6 had not occurred.Official supplemental ballots shall not be39.7mailed to absent voters to whom ballots were mailed before the39.8official supplemental ballots were prepared.Both an official 39.9 supplemental ballot and a replacement regular ballot from which 39.10 the title of the office and names of the candidates for that 39.11 office have been blotted out or stricken as provided in this 39.12 section must be provided to each absentee voter or voter 39.13 residing in a precinct voting by mail who requests either of 39.14 them under section 203B.06, subdivision 3. The election judges 39.15 conducting absentee voting in health care facilities as provided 39.16 in section 203B.11, subdivision 1, must deliver official 39.17 supplemental ballots and replacement regular ballots to those 39.18 facilities no later than 5:00 p.m. on the day before the 39.19 election. 39.20 Sec. 27. Minnesota Statutes 2002, section 204C.06, is 39.21 amended by adding a subdivision to read: 39.22 Subd. 8. [ACCESS FOR NEWS MEDIA.] The county auditor or 39.23 municipal or school district clerk, or their designee, may, by 39.24 written authorization, permit news media representatives to 39.25 enter polling places for up to 15 minutes during voting hours to 39.26 observe the voting process. A media representative must obtain 39.27 prior authorization and present photo identification to the head 39.28 election judge upon arrival at the polling place and must not 39.29 otherwise: 39.30 (1) approach within six feet of an election judge or voter; 39.31 (2) converse with a voter while in the polling place; 39.32 (3) make a list of persons voting or not voting; or 39.33 (4) interview a voter within the polling place. 39.34 Sec. 28. Minnesota Statutes 2002, section 204C.20, 39.35 subdivision 2, is amended to read: 39.36 Subd. 2. [EXCESS BALLOTS.] If two or more ballots are 40.1 found folded together like a single ballot, the election judges 40.2 shall lay them aside until all the ballots in the box have been 40.3 counted. If it is evident from the number of ballots to be 40.4 counted that the ballots folded together were cast by one voter, 40.5 the election judges shall preserve but not count them. If the 40.6 number of ballots in one box exceeds the number to be counted, 40.7 the election judges shall examine all the ballots in the box to 40.8 ascertain that all are properly marked with the initials of the 40.9 election judges. If any ballots are not properly marked with 40.10 the initials of the election judges, the election judges shall 40.11 preserve but not count them; however, if the number of ballots 40.12 does not exceed the number to be counted, the absence of either 40.13 or both sets of initials of the election judges does not, by 40.14 itself, disqualify the vote from being counted and must not be 40.15 the basis of a challenge in a recount. If there is still an 40.16 excess of properly marked ballots, the election judges shall 40.17 replace them in the box, and one election judge, without 40.18 looking, shall withdraw from the box a number of ballots equal 40.19 to the excess. The withdrawn ballots shall not be counted but 40.20 shall be preserved as provided in subdivision 4. 40.21 Sec. 29. Minnesota Statutes 2002, section 204C.33, 40.22 subdivision 1, is amended to read: 40.23 Subdivision 1. [COUNTY CANVASS.] The county canvassing 40.24 board shall meet at the county auditor's office on or before the 40.25 seventh day following the state general election. After taking 40.26 the oath of office, the board shall promptly and publicly 40.27 canvass the general election returns delivered to the county 40.28 auditor. Upon completion of the canvass, the board shall 40.29 promptly prepare and file with the county auditor a report which 40.30 states: 40.31 (a) The number of individuals voting at the election in the 40.32 county and in each precinct; 40.33 (b) The number of individuals registering to vote on 40.34 election day and the number of individuals registered before 40.35 election day in each precinct; 40.36 (c) The names of the candidates for each office and the 41.1 number of votes received by each candidate in the county and in 41.2 each precinct, including write-in candidates for state and 41.3 federal office who have requested under section 204B.09 that 41.4 votes for those candidates be tallied; 41.5 (d) The number of votes counted for and against a proposed 41.6 change of county lines or county seat; and 41.7 (e) The number of votes counted for and against a 41.8 constitutional amendment or other question in the county and in 41.9 each precinct. 41.10 The result of write-in votes cast on the general election 41.11 ballots must be compiled by the county auditor before the county 41.12 canvass, except that write-in votes for a candidate for state or 41.13 federal office must not be counted unless the candidate has 41.14 timely filed a request under section 204B.09, subdivision 3. 41.15 The county auditor shall arrange for each municipality to 41.16 provide an adequate number of election judges to perform this 41.17 duty or the county auditor may appoint additional election 41.18 judges for this purpose. The county auditor may open the 41.19 envelopes or containers in which the voted ballots have been 41.20 sealed in order to count and record the write-in votes and must 41.21 reseal the voted ballots at the conclusion of this process. 41.22 Upon completion of the canvass, the county canvassing board 41.23 shall declare the candidate duly elected who received the 41.24 highest number of votes for each county and state office voted 41.25 for only within the county. The county auditor shall transmit 41.26 one of the certified copies of the county canvassing board 41.27 report for state and federal offices to the secretary of state 41.28 by express mail or similar service immediately upon conclusion 41.29 of the county canvass. 41.30 Sec. 30. Minnesota Statutes 2002, section 204C.35, is 41.31 amended by adding a subdivision to read: 41.32 Subd. 3. [SCOPE OF RECOUNT.] A recount conducted as 41.33 provided in this section is limited in scope to the 41.34 determination of the number of votes validly cast for the office 41.35 to be recounted. Only the ballots cast in the election and the 41.36 summary statements certified by the election judges may be 42.1 considered in the recount process. 42.2 Sec. 31. Minnesota Statutes 2002, section 204C.36, 42.3 subdivision 1, is amended to read: 42.4 Subdivision 1. [REQUIREDAUTOMATIC RECOUNTS.](a) Except42.5as provided in paragraph (b), a losing candidate for nomination42.6or election to a county, municipal, or school district office42.7may request a recount of the votes cast for the nomination or42.8election to that office if the difference between the vote cast42.9for that candidate and for a winning candidate for nomination or42.10election is less than one-half of one percent of the total votes42.11counted for that office. In case of offices where two or more42.12seats are being filled from among all the candidates for the42.13office, the one-half of one percent difference is between the42.14elected candidate with the fewest votes and the candidate with42.15the most votes from among the candidates who were not elected.42.16(b) A losing candidate for nomination or election to a42.17county, municipal, or school district office may request a42.18recount of the votes cast for nomination or election to that42.19office if the difference between the vote cast for that42.20candidate and for a winning candidate for nomination or election42.21is ten votes or less, and the total number of votes cast for the42.22nomination or election of all candidates is no more than 400.42.23In cases of offices where two or more seats are being filled42.24from among all the candidates for the office, the ten vote42.25difference is between the elected candidate with the fewest42.26votes and the candidate with the most votes from among the42.27candidates who were not elected.42.28(c) Candidates for county offices shall file a written42.29request for the recount with the county auditor. Candidates for42.30municipal or school district offices shall file a written42.31request with the municipal or school district clerk as42.32appropriate. All requests shall be filed during the time for42.33notice of contest of the primary or election for which a recount42.34is sought.42.35(d) Upon receipt of a request made pursuant to this42.36section, the county auditor shall recount the votes for a county43.1office at the expense of the county, the governing body of the43.2municipality shall recount the votes for a municipal office at43.3the expense of the municipality, and the school board of the43.4school district shall recount the votes for a school district43.5office at the expense of the school district.(a) If the 43.6 difference between the votes cast for the candidates for 43.7 nomination to a county, municipal, or school district office: 43.8 (1) is less than one-half of one percent of the total 43.9 number of votes counted for that nomination; or 43.10 (2) is ten votes or less and the total number of votes cast 43.11 for that nomination is 400 votes or less, 43.12 and the difference determines the nomination, the canvassing 43.13 board with responsibility for declaring the results for that 43.14 office must recount the vote. The scope of the recount is 43.15 solely to recount the votes counted on election day. 43.16 (b) In a general election, if the difference between the 43.17 votes of a candidate who would otherwise be declared elected to 43.18 a county, municipal, or school district office and the votes of 43.19 any other candidate for that office: 43.20 (1) is less than one-half of one percent of the total 43.21 number of votes counted for that office; or 43.22 (2) is ten votes or less if the total number of votes cast 43.23 for that office is 400 votes or less, 43.24 the canvassing board must recount the votes. The scope of the 43.25 recount is solely to recount the votes counted on election day. 43.26 (c) In the case of offices where two or more seats are 43.27 being filled from among all the candidates for the office, the 43.28 one-half of one percent difference is between the elected 43.29 candidate with the fewest votes and the candidate with the most 43.30 votes from among the candidates who were not elected. In cases 43.31 of offices where two or more seats are being filled from among 43.32 all the candidates for the office, the ten vote difference is 43.33 between the elected candidate with the fewest votes and the 43.34 candidate with the most votes from among the candidates who were 43.35 not elected. 43.36 (d) A recount must not delay any other part of the 44.1 canvass. The results of the recount must be certified by the 44.2 canvassing board as soon as possible. 44.3 (e) Time for notice of a contest for an office which is 44.4 recounted under this section begins to run on certification of 44.5 the results of the recount by the canvassing board. 44.6 (f) A losing candidate may waive a recount required under 44.7 this section by filing a written notice of waiver with the 44.8 canvassing board. 44.9 (g) The county auditor must recount the votes for a county 44.10 office at the expense of the county, the governing body of the 44.11 municipality must recount the votes for a municipal office at 44.12 the expense of the municipality, and the school board of the 44.13 school district must recount the votes for a school district 44.14 office at the expense of the school district. 44.15 Sec. 32. Minnesota Statutes 2002, section 204C.36, 44.16 subdivision 3, is amended to read: 44.17 Subd. 3. [DISCRETIONARYBALLOT QUESTION RECOUNTS.] (a) A 44.18 recountmaymust be conducted for a ballot question when the 44.19 difference between the votes for and the votes against the 44.20 question is less than or equal to the difference provided in 44.21 subdivision 1. The expenses for the recount must be paid for by 44.22 the political subdivision placing the question on the ballot. 44.23 (b) In other cases, a recount may be requested by any 44.24 person eligible to vote on the ballot question. A written 44.25 request for a recount must be filed with the filing officer of 44.26 the county, municipality, or school district placing the 44.27 question on the ballot and must be accompanied by a petition 44.28 containing the signatures of 25 voters eligible to vote on the 44.29 question.If the difference between the votes for and the votes44.30against the question is greater than the difference provided in44.31subdivision 1,The person requesting the recount shall also file 44.32 with the filing officer of the county, municipality, or school 44.33 district a bond, cash, or surety in an amount set by the 44.34 appropriate governing body for the payment of recount expenses. 44.35 The written request, petition, and any bond, cash, or surety 44.36 required must be filed during the time for notice of contest for 45.1 the election for which the recount is requested. 45.2 Sec. 33. Minnesota Statutes 2002, section 204C.36, is 45.3 amended by adding a subdivision to read: 45.4 Subd. 6. [SCOPE OF RECOUNT.] A recount conducted as 45.5 provided in this section is limited in scope to the 45.6 determination of the number of votes validly cast for the office 45.7 or question to be recounted. Only the ballots cast in the 45.8 election and the summary statements certified by the election 45.9 judges may be considered in the recount process. 45.10 Sec. 34. Minnesota Statutes 2002, section 204C.361, is 45.11 amended to read: 45.12 204C.361 [RULES FOR RECOUNTS.] 45.13 (a) The secretary of state shall adopt rules according to 45.14 the Administrative Procedure Act establishing uniform recount 45.15 procedures. All recounts provided for by sections 204C.35, 45.16 204C.36, and 206.88, shall be conducted in accordance with these 45.17 rules. 45.18 (b) Notwithstanding Minnesota Rules, part 8235.0800, the 45.19 requirement that ballots be recounted by precinct means that a 45.20 recount official shall maintain the segregation of ballots by 45.21 precinct but the recount official may recount more than one 45.22 precinct at a time in physically separate locations within the 45.23 room in which the recount is administered. 45.24 Sec. 35. Minnesota Statutes 2002, section 204D.14, is 45.25 amended by adding a subdivision to read: 45.26 Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 45.27 for which there is only one candidate filed must appear after 45.28 all judicial offices on the canary ballot. 45.29 Sec. 36. [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 45.30 When an official supplemental ballot must be used in a 45.31 general election in accordance with section 204B.41, the 45.32 secretary of state shall supply each auditor with a copy of an 45.33 example supplemental ballot at least three days prior to the 45.34 election. The example supplemental ballot must illustrate the 45.35 format required for the official supplemental ballot. 45.36 The county auditor shall distribute copies of the example 46.1 supplemental ballot to municipal and school district clerks in 46.2 municipalities and school districts holding elections that 46.3 year. The official supplemental ballot must conform in all 46.4 respects to the example supplemental ballot. Failure of the 46.5 official supplemental ballot to conform may be reported by any 46.6 person to the county attorney in the same manner as provided by 46.7 section 201.275. 46.8 Sec. 37. Minnesota Statutes 2002, section 204D.27, 46.9 subdivision 11, is amended to read: 46.10 Subd. 11. [CERTIFICATE OF LEGISLATIVE ELECTION.] A 46.11 certificate of election in a special election for state senator 46.12 or state representative shall be issued bythe county auditor or46.13 the secretary of state to the individual declared elected by the 46.14 county or state canvassing board two days, excluding Sundays and 46.15 legal holidays, after the appropriate canvassing board finishes 46.16 canvassing the returns for the election. 46.17 In case of a contest the certificate shall not be issued 46.18 until the district court determines the contest. 46.19 Sec. 38. Minnesota Statutes 2002, section 205.02, 46.20 subdivision 1, is amended to read: 46.21 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as 46.22 expressly providedin this chapterby law, the provisions of the 46.23 Minnesota Election Law apply to municipal elections, so far as46.24practicable. 46.25 Sec. 39. Minnesota Statutes 2002, section 205.075, is 46.26 amended by adding a subdivision to read: 46.27 Subd. 3. [MORE THAN ONE SEAT TO BE FILLED AT ANY 46.28 ELECTION.] A candidate filing for town supervisor when more than 46.29 one seat is to be filled at an election held under subdivision 2 46.30 must designate when filing the specific seat which the candidate 46.31 is seeking. 46.32 Sec. 40. Minnesota Statutes 2002, section 205.16, 46.33 subdivision 4, is amended to read: 46.34 Subd. 4. [NOTICE TO AUDITOR.] At least4953 days prior to 46.35 every municipal election, the municipal clerk shall provide a 46.36 written notice to the county auditor, including the date of the 47.1 election, the offices to be voted on at the election, and the 47.2 title and language for each ballot question to be voted on at 47.3 the election. 47.4 Sec. 41. Minnesota Statutes 2002, section 205.16, is 47.5 amended by adding a subdivision to read: 47.6 Subd. 5. [NOTICE TO SECRETARY OF STATE.] At least 46 days 47.7 prior to every municipal election for which a notice is provided 47.8 to the county auditor under subdivision 4, the county auditor 47.9 shall provide a notice of the election to the secretary of 47.10 state, in a manner and including information prescribed by the 47.11 secretary of state. 47.12 Sec. 42. Minnesota Statutes 2002, section 205.185, 47.13 subdivision 2, is amended to read: 47.14 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 47.15 be by secret ballot and shall be held and the returns made in 47.16 the manner provided for the state general election,so far as47.17practicableexcept as expressly provided by law. 47.18 Sec. 43. Minnesota Statutes 2002, section 205.185, 47.19 subdivision 3, is amended to read: 47.20 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 47.21 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 47.22 the governing body of a city conducting any election including a 47.23 special municipal election, or the governing body of a town 47.24 conducting the general election in November shall act as the 47.25 canvassing board, canvass the returns, and declare the results 47.26 of the election. The governing body of a town conducting the 47.27 general election in March shall act as the canvassing board, 47.28 canvass the returns, and declare the results of the election 47.29 within two days after an election. 47.30 (b) After the time for contesting elections has passed, the 47.31 municipal clerk shall issue a certificate of election to each 47.32 successful candidate. In case of a contest, the certificate 47.33 shall not be issued until the outcome of the contest has been 47.34 determined by the proper court. 47.35 (c) In case of a tie vote, thegoverning bodycanvassing 47.36 board having jurisdiction over the municipality shall determine 48.1 the result by lot. The clerk of the canvassing board shall 48.2 certify the results of the election to the county auditor, and 48.3 the clerk shall be the final custodian of the ballots and the 48.4 returns of the election. 48.5 Sec. 44. Minnesota Statutes 2002, section 205A.02, is 48.6 amended to read: 48.7 205A.02 [ELECTION LAW APPLICABLE.] 48.8 Except as providedin this chapterby law, the Minnesota 48.9 Election Law applies to school district elections, as far as48.10practicable. Elections in common school districts shall be 48.11 governed by section 123B.94. 48.12 Sec. 45. Minnesota Statutes 2003 Supplement, section 48.13 205A.07, subdivision 3, is amended to read: 48.14 Subd. 3. [NOTICE TO AUDITOR.] At least4953 days prior to 48.15 every school district election, the school district clerk shall 48.16 provide a written notice to the county auditor of each county in 48.17 which the school district is located. The notice must include 48.18 the date of the election, the offices to be voted on at the 48.19 election, and the title and language for each ballot question to 48.20 be voted on at the election. For the purposes of meeting the 48.21 timelines of this section, in a bond election, a notice, 48.22 including a proposed question, may be provided to the county 48.23 auditor prior to receipt of a review and comment from the 48.24 commissioner of education and prior to actual initiation of the 48.25 election. 48.26 Sec. 46. Minnesota Statutes 2002, section 205A.07, is 48.27 amended by adding a subdivision to read: 48.28 Subd. 3b. [NOTICE TO SECRETARY OF STATE.] At least 46 days 48.29 prior to every school district election for which a notice is 48.30 provided to the county auditor under subdivision 3, the county 48.31 auditor shall provide a notice of the election to the secretary 48.32 of state, in a manner and including information prescribed by 48.33 the secretary of state. 48.34 Sec. 47. Minnesota Statutes 2002, section 206.90, 48.35 subdivision 6, is amended to read: 48.36 Subd. 6. [BALLOTS.] In precincts using optical scan voting 49.1 systems, a single ballot card on which all ballot information is 49.2 included must be printed in black ink on white colored material 49.3 except that marks not to be read by the automatic tabulating 49.4 equipment may be printed in another color ink. 49.5 On the front of the ballot must be printed the words 49.6 "Official Ballot" and the date of the election and lines for the 49.7 initials of at least two election judges. 49.8 When optical scan ballots are used, the offices to be 49.9 elected must appear in the following order: federal offices; 49.10 state legislative offices; constitutional offices; proposed 49.11 constitutional amendments; county offices and questions; 49.12 municipal offices and questions; school district offices and 49.13 questions; special district offices and questions; and judicial 49.14 offices. 49.15 On optical scan ballots, the names of candidates and the 49.16 words "yes" and "no" for ballot questions must be printed as 49.17 close to their corresponding vote targets as possible. 49.18 The line on an optical scan ballot for write-in votes must 49.19 contain the words "write-in, if any." 49.20 If a primary ballot contains both a partisan ballot and a 49.21 nonpartisan ballot, the instructions to voters must include a 49.22 statement that reads substantially as follows: "THIS BALLOT 49.23 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 49.24 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 49.25 ONE POLITICAL PARTY ONLY." If a primary ballot contains 49.26 political party columns on both sides of the ballot, the 49.27 instructions to voters must include a statement that reads 49.28 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 49.29 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 49.30 POLITICAL PARTY ONLY." At the bottom of each political party 49.31 column on the primary ballot, the ballot must contain a 49.32 statement that reads substantially as follows: "CONTINUE VOTING 49.33 ON THE NONPARTISAN BALLOT." The instructions in section 49.34 204D.08, subdivision 4, do not apply to optical scan partisan 49.35 primary ballots. 49.36 Sec. 48. Minnesota Statutes 2002, section 211A.02, is 50.1 amended by adding a subdivision to read: 50.2 Subd. 5. [ELECTRONIC REPORTING.] The reports required by 50.3 this section may be filed electronically, subject to the 50.4 approval of the filing officer. 50.5 Sec. 49. Minnesota Statutes 2002, section 351.01, 50.6 subdivision 4, is amended to read: 50.7 Subd. 4. [WITHDRAWAL OF RESIGNATION.] A prospective 50.8 resignation permitted by subdivision 3 may only be withdrawn by 50.9 a written statement signed by the officer and submitted in the 50.10 same manner as the resignation, and may only be withdrawn before 50.11 it has been accepted by resolution of the body or board 50.12 or before a written acceptance of the resignation by an officer 50.13 authorized to receive it. 50.14 Sec. 50. Minnesota Statutes 2002, section 365.51, 50.15 subdivision 3, is amended to read: 50.16 Subd. 3. [OFFICERS; OTHER BUSINESS.] An annual town 50.17 election shall be held on the same day as the annual town 50.18 meeting to elect all town officers required by law to be elected 50.19 and to consider ballot questions, except as provided in section 50.20 205.075, subdivision 2. Other town business shall be conducted 50.21 at the town meeting as provided by law. 50.22 Sec. 51. Minnesota Statutes 2002, section 367.12, is 50.23 amended to read: 50.24 367.12 [DEPUTY CLERK.] 50.25 Each town clerk may appoint a deputy, for whose acts the 50.26 clerk shall be responsible, and who, in the clerk's absence or 50.27 disability, shall perform the clerk's duties. If a town clerk 50.28 has not appointed a deputy, the town treasurer shall perform the 50.29 duties of the clerk relating to receiving candidate filings when 50.30 the clerk is absent. 50.31 Sec. 52. Minnesota Statutes 2002, section 414.041, 50.32 subdivision 1, is amended to read: 50.33 Subdivision 1. [INITIATING THE PROCEEDING.] (a) Two or 50.34 more municipalities may be the subject of a single proceeding 50.35 provided that each municipality abuts at least one of the 50.36 included municipalities. 51.1 (b) The proceeding shall be initiated in one of the 51.2 following ways: 51.3 (1) submitting to the director a resolution of the city 51.4 council of each affected municipality; 51.5 (2) submitting to the director a petition signed by a 51.6 number of residents eligible to vote equivalent to five percent 51.7 or more of the resident voters of a municipality who voted for 51.8 governor at the last general election; or 51.9 (3) by the director. 51.10 (c) The petition or resolution shall set forth the 51.11 following information about each included municipality: name, 51.12 description of boundaries, the reasons for requesting the 51.13 consolidation and the names of all parties entitled to mailed 51.14 notice under section 414.09. 51.15 (d) The party initiating the proceeding shall serve copies 51.16 of the petition or resolution on all of the included 51.17 municipalities. 51.18 Sec. 53. Minnesota Statutes 2002, section 447.32, 51.19 subdivision 3, is amended to read: 51.20 Subd. 3. [ELECTION NOTICES.] At least two weeks before the 51.21 first day to file affidavits of candidacy, the clerk of the 51.22 district shall publish a notice stating the first and last day 51.23 on which affidavits of candidacy may be filed, the places for 51.24 filing the affidavits and the closing time of the last day for 51.25 filing. The clerk shall post a similar notice in at least one 51.26 conspicuous place in each city and town in the district at least 51.27 ten days before the first day to file affidavits of candidacy. 51.28 At least 53 days prior to every hospital district election, 51.29 the hospital district clerk shall provide a written notice to 51.30 the county auditor of each county in which the hospital district 51.31 is located. The notice must include the date of the election, 51.32 the offices to be voted on at the election, and the title and 51.33 language for each ballot question to be voted on at the 51.34 election. At least 46 days before a hospital district election 51.35 for which a notice is provided to the county auditor under this 51.36 subdivision, the county auditor shall provide a notice to the 52.1 secretary of state in a manner and including information 52.2 prescribed by the secretary of state. 52.3 The notice of each election must be posted in at least one 52.4 public and conspicuous place within each city and town included 52.5 in the district at least ten days before the election. It must 52.6 be published in the official newspaper of the district or, if a 52.7 paper has not been designated, in a legal newspaper having 52.8 general circulation within the district, at least two weeks 52.9 before the election. Failure to give notice does not invalidate 52.10 the election of an officer of the district. A voter may contest 52.11 a hospital district election in accordance with chapter 209. 52.12 Chapter 209 applies to hospital district elections. 52.13 Sec. 54. Minnesota Statutes 2002, section 447.32, 52.14 subdivision 4, is amended to read: 52.15 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 52.16 person who wants to be a candidate for the hospital board shall 52.17 file an affidavit of candidacy for the election either as member 52.18 at large or as a member representing the city or town where the 52.19 candidate resides. The affidavit of candidacy must be filed 52.20 with the city or town clerk not more than ten weeks nor less 52.21 than eight weeks before the Tuesday after the second Monday in 52.22 September of the year in which the general election is held. 52.23 The city or town clerk must forward the affidavits of candidacy 52.24 to the clerk of the hospital district or, for the first 52.25 election, the clerk of the most populous city or town 52.26 immediately after the last day of the filing period. A 52.27 candidate may withdraw from the election by filing an affidavit 52.28 of withdrawal with the clerk of the district no later than 5:00 52.29 p.m. two days after the last day to file affidavits of candidacy. 52.30 Voting must be by secret ballot. The clerk shall prepare, 52.31 at the expense of the district, necessary ballots for the 52.32 election of officers. Ballots must be printed on tan paper and 52.33 prepared as provided in the rules of the secretary of state. 52.34 The ballots must be marked and initialed by at least two judges 52.35 as official ballots and used exclusively at the election. Any 52.36 proposition to be voted on may be printed on the ballot provided 53.1 for the election of officers. The hospital board may also 53.2 authorize the use of voting systems subject to chapter 206. 53.3 Enough election judges may be appointed to receive the votes at 53.4 each polling place. The election judges shall act as clerks of 53.5 election, count the ballots cast, and submit them to the board 53.6 for canvass. 53.7 After canvassing the election, the board shall issue a 53.8 certificate of election to the candidate who received the 53.9 largest number of votes cast for each office. The clerk shall 53.10 deliver the certificate to the person entitled to it in person 53.11 or by certified mail. Each person certified shall file an 53.12 acceptance and oath of office in writing with the clerk within 53.13 30 days after the date of delivery or mailing of the 53.14 certificate. The board may fill any office as provided in 53.15 subdivision 1 if the person elected fails to qualify within 30 53.16 days, but qualification is effective if made before the board 53.17 acts to fill the vacancy. 53.18 Sec. 55. [EFFECTIVE DATE.] 53.19 This article is effective the day following final enactment. 53.20 ARTICLE 4 53.21 UNIFORM STATE AND LOCAL ELECTION DATES 53.22 Section 1. [204D.035] [PERIODIC UNIFORM ELECTION DAY.] 53.23 Subdivision 1. [SHORT TITLE.] This section may be referred 53.24 to as the "Periodic Uniform Election Day Act of 2004." 53.25 Subd. 2. [ELECTIONS COVERED.] This section applies to all 53.26 state, county, municipal, school district, and any other 53.27 political subdivision elections held in the state of Minnesota, 53.28 and elections on ballot questions, except for (i) elections held 53.29 to fill a vacancy in office and required by statute to be held 53.30 sooner than the next day designated in subdivision 3, or (ii) 53.31 elections conducted by mail. 53.32 Subd. 3. [ELECTIONS ON DESIGNATED DAYS.] (a) 53.33 Notwithstanding other law to the contrary, elections covered in 53.34 subdivision 2 may be held only on the following days: 53.35 (1) the second Tuesday in March; 53.36 (2) the third Tuesday in May; 54.1 (3) the first Tuesday after the second Monday in September; 54.2 and 54.3 (4) the first Tuesday after the first Monday in November. 54.4 (b) The time period in which a special election must be 54.5 conducted under any other law or charter provision must be 54.6 extended to conform to the requirements of this subdivision. 54.7 Subd. 4. [PRIMARY DATE IF NOT SPECIFIED.] If other law 54.8 provides for a primary to take place for a particular office but 54.9 does not specify the date of the primary, the primary may be 54.10 held on one of the days specified in subdivision 3, clauses (1) 54.11 to (3). The general election for the office must be held on the 54.12 date listed in subdivision 3 that immediately follows the date 54.13 chosen for the primary. 54.14 Subd. 5. [ELECTION TIMES AND POLLING PLACES.] An election 54.15 held in a jurisdiction on one of the days specified in 54.16 subdivision 3 must be held during the hours determined under 54.17 section 204C.05. 54.18 Subd. 6. [APPLICABLE LAWS.] Except as otherwise provided 54.19 by this section, Minnesota election law remains applicable to 54.20 elections held on any of the days listed in subdivision 3. 54.21 Sec. 2. Minnesota Statutes 2003 Supplement, section 54.22 123B.63, subdivision 3, is amended to read: 54.23 Subd. 3. [CAPITAL PROJECT LEVY REFERENDUM.] A district may 54.24 levy the local tax rate approved by a majority of the electors 54.25 voting on the question to provide funds for an approved 54.26 project. The election must take place no more than five years 54.27 before the estimated date of commencement of the project. The 54.28 referendum must be held on a dateset by the boardspecified 54.29 under section 204D.035, subdivision 3. A referendum for a 54.30 project not receiving a positive review and comment by the 54.31 commissioner under section 123B.71 must be approved by at least 54.32 60 percent of the voters at the election. The referendum may be 54.33 called by the school board and may be held: 54.34 (1) separately, before an election for the issuance of 54.35 obligations for the project under chapter 475; or 54.36 (2) in conjunction with an election for the issuance of 55.1 obligations for the project under chapter 475; or 55.2 (3) notwithstanding section 475.59, as a conjunctive 55.3 question authorizing both the capital project levy and the 55.4 issuance of obligations for the project under chapter 475. Any 55.5 obligations authorized for a project may be issued within five 55.6 years of the date of the election. 55.7 The ballot must provide a general description of the 55.8 proposed project, state the estimated total cost of the project, 55.9 state whether the project has received a positive or negative 55.10 review and comment from the commissioner, state the maximum 55.11 amount of the capital project levy as a percentage of net tax 55.12 capacity, state the amount that will be raised by that local tax 55.13 rate in the first year it is to be levied, and state the maximum 55.14 number of years that the levy authorization will apply. 55.15 The ballot must contain a textual portion with the 55.16 information required in this section and a question stating 55.17 substantially the following: 55.18 "Shall the capital project levy proposed by the board of 55.19 .......... School District No. .......... be approved?" 55.20 If approved, the amount provided by the approved local tax 55.21 rate applied to the net tax capacity for the year preceding the 55.22 year the levy is certified may be certified for the number of 55.23 years approved. 55.24 In the event a conjunctive question proposes to authorize 55.25 both the capital project levy and the issuance of obligations 55.26 for the project, appropriate language authorizing the issuance 55.27 of obligations must also be included in the question. 55.28 The district must notify the commissioner of the results of 55.29 the referendum. 55.30 Sec. 3. Minnesota Statutes 2002, section 126C.17, 55.31 subdivision 11, is amended to read: 55.32 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 55.33 held under paragraph (b), any referendum under this section held 55.34 on a day other than the first Tuesday after the first Monday in 55.35 November must be conducted by mail in accordance with section 55.36 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 56.1 contrary, in the case of a referendum conducted by mail under 56.2 this paragraph, the notice required by subdivision 9, paragraph 56.3 (b), must be prepared and delivered by first-class mail at least 56.4 20 days before the referendum. 56.5 (b) In addition to the referenda allowed in subdivision 9, 56.6 clause (a), the commissioner may grant authority to a district 56.7 to hold a referendum on a different day if the district is in 56.8 statutory operating debt and has an approved plan or has 56.9 received an extension from the department to file a plan to 56.10 eliminate the statutory operating debt. A referendum must be 56.11 held on a date specified under section 204D.035, subdivision 3. 56.12 (c) The commissioner must approve, deny, or modify each 56.13 district's request for a referendum levy on a different day 56.14 within 60 days of receiving the request from a district. 56.15 Sec. 4. Minnesota Statutes 2002, section 204C.05, is 56.16 amended by adding a subdivision to read: 56.17 Subd. 1c. [ELECTIONS; MUNICIPALITIES AND SCHOOL 56.18 DISTRICTS.] The governing body of a municipality or school 56.19 district may, by resolution, designate the time during which the 56.20 polling places will remain open for voting at the next 56.21 succeeding and all later municipal or school district elections 56.22 that are not held at the same time as the state primary or state 56.23 general election. All polling places must be open at least 56.24 between the hours of 10:00 a.m. and 8:00 p.m. The resolution 56.25 remains in effect until revoked by the governing board or a 56.26 petition from voters is filed under this subdivision. If a 56.27 petition requesting longer voting hours for any election is 56.28 signed by a number of voters equal to 20 percent of the votes 56.29 cast in the last municipal or school district general election, 56.30 whichever applies, and filed with the appropriate municipal or 56.31 school district clerk no later than 30 days before an election, 56.32 then the polling places for that election must open at 7:00 a.m. 56.33 and close at 8:00 p.m. The municipal or school district clerk 56.34 must give ten days published and posted notice of the change in 56.35 hours and notify the appropriate county auditors of the change. 56.36 Sec. 5. Minnesota Statutes 2002, section 205.10, 57.1 subdivision 3, is amended to read: 57.2 Subd. 3. [PROHIBITION.]NoA special election authorized 57.3 under subdivision 1 may be heldwithin 40 days after the state57.4general electiononly on one of the dates specified in section 57.5 204D.035, subdivision 3. 57.6 Sec. 6. [205.176] [VOTING HOURS.] 57.7 In all municipal elections the hours for voting must be 57.8 determined as provided by section 204C.05. 57.9 Sec. 7. Minnesota Statutes 2002, section 205A.05, 57.10 subdivision 1, is amended to read: 57.11 Subdivision 1. [QUESTIONS.] Special elections must be held 57.12 for a school district on a question on which the voters are 57.13 authorized by law to pass judgment. The school board may on its 57.14 own motion call a special election to vote on any matter 57.15 requiring approval of the voters of a district. Upon petition 57.16 of 50 or more voters of the school district or five percent of 57.17 the number of voters voting at the preceding regular school 57.18 district election, the school board shall by resolution call a 57.19 special election to vote on any matter requiring approval of the 57.20 voters of a district. A question is carried only with the 57.21 majority in its favor required by law. The election officials 57.22 for a special election are the same as for the most recent 57.23 school district general election unless changed according to 57.24 law. Otherwise, special elections must be conducted and the 57.25 returns made in the manner provided for the school district 57.26 general election.A special election may not be held during the57.2730 days before and the 30 days after the state primary, during57.28the 30 days before and the 40 days after the state general57.29election. In addition, a special election may not be held57.30during the 20 days before and the 20 days after any regularly57.31scheduled election of a municipality wholly or partially within57.32the school district.A special election under this subdivision 57.33 must be held only on one of the dates specified in section 57.34 204D.035, subdivision 3. Notwithstanding any other law to the 57.35 contrary, the time period in which a special election must be 57.36 conducted under any other law may be extended by the school 58.1 board to conform with the requirements of this subdivision. 58.2 Sec. 8. [205A.095] [HOURS FOR VOTING.] 58.3 The hours for voting in school district elections must be 58.4 determined as provided by section 204C.05. 58.5 Sec. 9. Minnesota Statutes 2002, section 373.40, 58.6 subdivision 2, is amended to read: 58.7 Subd. 2. [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 58.8 issued by a county to finance capital improvements under an 58.9 approved capital improvement plan are not subject to the 58.10 election requirements of section 375.18 or 475.58. The bonds 58.11 must be approved by vote of at least three-fifths of the members 58.12 of the county board. In the case of a metropolitan county, the 58.13 bonds must be approved by vote of at least two-thirds of the 58.14 members of the county board. 58.15 (b) Before issuance of bonds qualifying under this section, 58.16 the county must publish a notice of its intention to issue the 58.17 bonds and the date and time of a hearing to obtain public 58.18 comment on the matter. The notice must be published in the 58.19 official newspaper of the county or in a newspaper of general 58.20 circulation in the county. The notice must be published at 58.21 least 14, but not more than 28, days before the date of the 58.22 hearing. 58.23 (c) A county may issue the bonds only upon obtaining the 58.24 approval of a majority of the voters voting on the question of 58.25 issuing the obligations, if a petition requesting a vote on the 58.26 issuance is signed by voters equal to five percent of the votes 58.27 cast in the county in the last general election and is filed 58.28 with the county auditor within 30 days after the public 58.29 hearing. The commissioner of revenue shall prepare a suggested 58.30 form of the question to be presented at the election. The 58.31 election may be held only on one of the dates specified in 58.32 section 204D.035, subdivision 3. 58.33 Sec. 10. Minnesota Statutes 2002, section 375.20, is 58.34 amended to read: 58.35 375.20 [BALLOT QUESTIONS.] 58.36 If the county board may do an act, incur a debt, 59.1 appropriate money for a purpose, or exercise any other power or 59.2 authority, only if authorized by a vote of the people, the 59.3 question may be submitted at a special or general election, by a 59.4 resolution specifying the matter or question to be voted upon. 59.5 If the question is to authorize the appropriation of money, 59.6 creation of a debt, or levy of a tax, it shall state the 59.7 amount. Notice of the election shall be given as in the case of 59.8 special elections. If the question submitted is adopted, the 59.9 board shall pass an appropriate resolution to carry it into 59.10 effect. In the election the form of the ballot shall be: "In 59.11 favor of (here state the substance of the resolution to be 59.12 submitted), Yes ...... No......," with a square opposite each 59.13 of the words "yes" and "no," in one of which the voter shall 59.14 mark an "X" to indicate a choice. The county board may call a 59.15 special county election upon a question to be heldwithin 6059.16dayson any date specified by section 204D.035, subdivision 3, 59.17 after a resolution to that effect is adopted by the county 59.18 board. Upon the adoption of the resolution the county auditor 59.19 shall post and publish notices of the election, as required by 59.20 section 204D.22, subdivisions 2 and 3. The election shall be 59.21 conducted and the returns canvassed in the manner prescribed by 59.22 sections 204D.20 to 204D.27, so far as practicable. 59.23 Sec. 11. Minnesota Statutes 2002, section 458.40, is 59.24 amended to read: 59.25 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 59.26 If a charter adopted under the Minnesota Constitution, 59.27 article IV, section 36, article XI, section 4, or article XII, 59.28 section 5, has a provision that requires the question of the 59.29 issuance of bonds to be submitted to the electors, the provision 59.30 prevails over sections 458.36 to 458.40. The question must be 59.31 submitted to the voters on one of the dates specified in section 59.32 204D.035, subdivision 3, notwithstanding any contrary provision 59.33 in the charter regarding the date of submission. 59.34 Sec. 12. Minnesota Statutes 2003 Supplement, section 59.35 465.82, subdivision 2, is amended to read: 59.36 Subd. 2. [CONTENTS OF PLAN.] The plan must state: 60.1 (1) the specific cooperative activities the units will 60.2 engage in during the first two years of the venture; 60.3 (2) the steps to be taken to effect the merger of the 60.4 governmental units, with completion no later than four years 60.5 after the process begins; 60.6 (3) the steps by which a single governing body will be 60.7 created or, when the entire territory of a unit will be 60.8 apportioned between or among two or more units contiguous to the 60.9 unit that is to be apportioned, the steps to be taken by the 60.10 governing bodies of the remaining units to provide for 60.11 representation of the residents of the apportioned unit; 60.12 (4) changes in services provided, facilities used, and 60.13 administrative operations and staffing required to effect the 60.14 preliminary cooperative activities and the final merger, and a 60.15 two-, five-, and ten-year projection of expenditures for each 60.16 unit if it combined and if it remained separate; 60.17 (5) treatment of employees of the merging governmental 60.18 units, specifically including provisions for reassigning 60.19 employees, dealing with exclusive representatives, and providing 60.20 financial incentives to encourage early retirements; 60.21 (6) financial arrangements for the merger, specifically 60.22 including responsibility for debt service on outstanding 60.23 obligations of the merging units; 60.24 (7) one- and two-year impact analyses, prepared by the 60.25 granting state agency at the request of the local government 60.26 unit, of major state aid revenues received for each unit if it 60.27 combined and if it remained separate, including an impact 60.28 analysis, prepared by the Department of Revenue, of any property 60.29 tax revenue implications associated with tax increment financing 60.30 districts and fiscal disparities under chapter 276A or 473F 60.31 resulting from the merger; 60.32 (8) procedures for a referendum to be held on a date 60.33 specified in section 204D.035, subdivision 3, before the 60.34 proposed combination to approve combining the local government 60.35 units, specifically stating whether a majority of those voting 60.36 in each district proposed for combination or a majority of those 61.1 voting on the question in the entire area proposed for 61.2 combination is needed to pass the referendum; and 61.3 (9) a time schedule for implementation. 61.4 Notwithstanding clause (3) or any other law to the 61.5 contrary, all current members of the governing bodies of the 61.6 local government units that propose to combine under sections 61.7 465.81 to 465.86 may serve on the initial governing body of the 61.8 combined unit until a gradual reduction in membership is 61.9 achieved by foregoing election of new members when terms expire 61.10 until the number permitted by other law is reached. 61.11 Sec. 13. Minnesota Statutes 2003 Supplement, section 61.12 465.84, is amended to read: 61.13 465.84 [REFERENDUM.] 61.14 During the first or second year of cooperation, a 61.15 referendum on the question of combination must be conducted. 61.16 The referendum must be on a date specified by section 204D.035, 61.17 subdivision 3, and called by the governing bodies of the units 61.18 that propose to combine. The referendum must be conducted 61.19 according to the Minnesota Election Law, as defined in section 61.20 200.01. If the referendum fails, the same question or a 61.21 modified question may be submitted the following year. If the 61.22 referendum fails again, the same question may not be submitted. 61.23 Referendums shall be conducted on the same date in all local 61.24 government units. 61.25 Sec. 14. Minnesota Statutes 2002, section 469.053, 61.26 subdivision 5, is amended to read: 61.27 Subd. 5. [REVERSE REFERENDUM.] A city may increase its 61.28 levy for port authority purposes under subdivision 4 only as 61.29 provided in this subdivision. Its city council must first pass 61.30 a resolution stating the proposed amount of levy increase. The 61.31 city must then publish the resolution together with a notice of 61.32 public hearing on the resolution for two successive weeks in its 61.33 official newspaper or, if none exists, in a newspaper of general 61.34 circulation in the city. The hearing must be held two to four 61.35 weeks after the first publication. After the hearing, the city 61.36 council may decide to take no action or may adopt a resolution 62.1 authorizing the proposed increase or a lesser increase. A 62.2 resolution authorizing an increase must be published in the 62.3 city's official newspaper or, if none exists, in a newspaper of 62.4 general circulation in the city. The resolution is not 62.5 effective if a petition requesting a referendum on the 62.6 resolution is filed with the city clerk within 30 days of 62.7 publication of the resolution. The petition must be signed by 62.8 voters equaling five percent of the votes cast in the city in 62.9 the last general election. The resolution is effective if 62.10 approved by a majority of those voting on the question. The 62.11 commissioner of revenue shall prepare a suggested form of 62.12 referendum question. The referendum must be held at a special 62.13 or general electionbefore October 1on a date specified in 62.14 section 204D.035, subdivision 3, of the year for which the levy 62.15 increase is proposed. 62.16 Sec. 15. Minnesota Statutes 2002, section 469.0724, is 62.17 amended to read: 62.18 469.0724 [GENERAL OBLIGATION BONDS.] 62.19 The port authority of Cannon Falls or Redwood Falls must 62.20 not proceed with the sale of general obligation tax supported 62.21 bonds until the city council by resolution approves the proposed 62.22 issuance. The resolution must be published in the official 62.23 newspaper. If, within 30 days after the publication, a petition 62.24 signed by voters equal in number to ten percent of the number of 62.25 voters at the last regular city election is filed with the city 62.26 clerk, the city and port authority must not issue the general 62.27 obligation tax supported bonds until the proposition has been 62.28 approved by a majority of the votes cast on the question at a 62.29 regular or special election held on one of the dates specified 62.30 in section 204D.035, subdivision 3. 62.31 Sec. 16. Minnesota Statutes 2002, section 469.190, 62.32 subdivision 5, is amended to read: 62.33 Subd. 5. [REVERSE REFERENDUM.] If the county board passes 62.34 a resolution under subdivision 4 to impose the tax, the 62.35 resolution must be published for two successive weeks in a 62.36 newspaper of general circulation within the unorganized 63.1 territory, together with a notice fixing a date for a public 63.2 hearing on the proposed tax. 63.3 The hearing must be held not less than two weeks nor more 63.4 than four weeks after the first publication of the notice. 63.5 After the public hearing, the county board may determine to take 63.6 no further action, or may adopt a resolution authorizing the tax 63.7 as originally proposed or approving a lesser rate of tax. The 63.8 resolution must be published in a newspaper of general 63.9 circulation within the unorganized territory. The voters of the 63.10 unorganized territory may request a referendum on the proposed 63.11 tax by filing a petition with the county auditor within 30 days 63.12 after the resolution is published. The petition must be signed 63.13 by voters who reside in the unorganized territory. The number 63.14 of signatures must equal at least five percent of the number of 63.15 persons voting in the unorganized territory in the last general 63.16 election. If such a petition is timely filed, the resolution is 63.17 not effective until it has been submitted to the voters residing 63.18 in the unorganized territory at a general or special 63.19 election held on one of the dates specified in section 204D.035, 63.20 subdivision 3, and a majority of votes cast on the question of 63.21 approving the resolution are in the affirmative. The 63.22 commissioner of revenue shall prepare a suggested form of 63.23 question to be presented at the referendum. 63.24 Sec. 17. Minnesota Statutes 2003 Supplement, section 63.25 475.521, subdivision 2, is amended to read: 63.26 Subd. 2. [ELECTION REQUIREMENT.] (a) Bonds issued by a 63.27 city to finance capital improvements under an approved capital 63.28 improvements plan are not subject to the election requirements 63.29 of section 475.58. The bonds are subject to the net debt limits 63.30 under section 475.53. The bonds must be approved by an 63.31 affirmative vote of three-fifths of the members of a five-member 63.32 city council. In the case of a city council having more than 63.33 five members, the bonds must be approved by a vote of at least 63.34 two-thirds of the city council. 63.35 (b) Before the issuance of bonds qualifying under this 63.36 section, the city must publish a notice of its intention to 64.1 issue the bonds and the date and time of the hearing to obtain 64.2 public comment on the matter. The notice must be published in 64.3 the official newspaper of the city or in a newspaper of general 64.4 circulation in the city. Additionally, the notice may be posted 64.5 on the official Web site, if any, of the city. The notice must 64.6 be published at least 14 but not more than 28 days before the 64.7 date of the hearing. 64.8 (c) A city may issue the bonds only after obtaining the 64.9 approval of a majority of the voters voting on the question of 64.10 issuing the obligations, if a petition requesting a vote on the 64.11 issuance is signed by voters equal to five percent of the votes 64.12 cast in the city in the last general election and is filed with 64.13 the city clerk within 30 days after the public hearing. The 64.14 commissioner of revenue shall prepare a suggested form of the 64.15 question to be presented at the election. The election must be 64.16 held on one of the dates specified by section 204D.035, 64.17 subdivision 3. 64.18 Sec. 18. Minnesota Statutes 2002, section 475.58, 64.19 subdivision 1, is amended to read: 64.20 Subdivision 1. [APPROVAL BY ELECTORS; EXCEPTIONS.] 64.21 Obligations authorized by law or charter may be issued by any 64.22 municipality upon obtaining the approval of a majority of the 64.23 electors voting at a special or general election held on one of 64.24 the dates specified in section 204D.035, subdivision 3, on the 64.25 question of issuing the obligations, but an election shall not 64.26 be required to authorize obligations issued: 64.27 (1) to pay any unpaid judgment against the municipality; 64.28 (2) for refunding obligations; 64.29 (3) for an improvement or improvement program, which 64.30 obligation is payable wholly or partly from the proceeds of 64.31 special assessments levied upon property specially benefited by 64.32 the improvement or by an improvement within the improvement 64.33 program, or of taxes levied upon the increased value of property 64.34 within a district for the development of which the improvement 64.35 is undertaken, including obligations which are the general 64.36 obligations of the municipality, if the municipality is entitled 65.1 to reimbursement in whole or in part from the proceeds of such 65.2 special assessments or taxes and not less than 20 percent of the 65.3 cost of the improvement or the improvement program is to be 65.4 assessed against benefited property or is to be paid from the 65.5 proceeds of federal grant funds or a combination thereof, or is 65.6 estimated to be received from such taxes within the district; 65.7 (4) payable wholly from the income of revenue producing 65.8 conveniences; 65.9 (5) under the provisions of a home rule charter which 65.10 permits the issuance of obligations of the municipality without 65.11 election; 65.12 (6) under the provisions of a law which permits the 65.13 issuance of obligations of a municipality without an election; 65.14 (7) to fund pension or retirement fund liabilities pursuant 65.15 to section 475.52, subdivision 6; 65.16 (8) under a capital improvement plan under section 373.40; 65.17 and 65.18 (9) under sections 469.1813 to 469.1815 (property tax 65.19 abatement authority bonds), if the proceeds of the bonds are not 65.20 used for a purpose prohibited under section 469.176, subdivision 65.21 4g, paragraph (b). 65.22 Sec. 19. Minnesota Statutes 2002, section 475.58, 65.23 subdivision 1a, is amended to read: 65.24 Subd. 1a. [RESUBMISSION LIMITATION.] If the electors do 65.25 not approve the issuing of obligations at an election required 65.26 by subdivision 1, the question of authorizing the obligations 65.27 for the same purpose and in the same amount may not be submitted 65.28 to the electorswithin a period ofuntil a special or general 65.29 election held on a date specified in section 204D.035, 65.30 subdivision 3, and not sooner than 180 days from the date the 65.31 election was held. If the question of authorizing the 65.32 obligations for the same purpose and in the same amount is not 65.33 approved a second time it may not be submitted to the electors 65.34 within a period of one year after the second election. 65.35 Sec. 20. Minnesota Statutes 2002, section 475.59, is 65.36 amended to read: 66.1 475.59 [MANNER OF SUBMISSION; NOTICE.] 66.2 When the governing body of a municipality resolves to issue 66.3 bonds for any purpose requiring the approval of the electors, it 66.4 shall provide for submission of the proposition of their 66.5 issuance at a general or special election held on a date 66.6 specified by section 204D.035, subdivision 3, or at a town or 66.7 school district meeting. Notice of such election or meeting 66.8 shall be given in the manner required by law and shall state the 66.9 maximum amount and the purpose of the proposed issue. In any 66.10 school district, the school board or board of education may, 66.11 according to its judgment and discretion, submit as a single 66.12 ballot question or as two or more separate questions in the 66.13 notice of election and ballots the proposition of their issuance 66.14 for any one or more of the following, stated conjunctively or in 66.15 the alternative: acquisition or enlargement of sites, 66.16 acquisition, betterment, erection, furnishing, equipping of one 66.17 or more new schoolhouses, remodeling, repairing, improving, 66.18 adding to, betterment, furnishing, equipping of one or more 66.19 existing schoolhouses. In any city, town, or county, the 66.20 governing body may, according to its judgment and discretion, 66.21 submit as a single ballot question or as two or more separate 66.22 questions in the notice of election and ballots the proposition 66.23 of their issuance, stated conjunctively or in the alternative, 66.24 for the acquisition, construction, or improvement of any 66.25 facilities at one or more locations. 66.26 Sec. 21. [REPEALER.] 66.27 Minnesota Statutes 2002, sections 204C.05, subdivisions 1a 66.28 and 1b; 205.175; and 205A.09, are repealed. 66.29 Sec. 22. [EFFECTIVE DATE.] 66.30 This article is effective January 1, 2005. 66.31 ARTICLE 5 66.32 ELECTION ADMINISTRATION 66.33 Section 1. [MAINTENANCE OF EFFORT.] 66.34 The state or a unit of local government receiving federal 66.35 funds or equipment purchased with federal funds pursuant to the 66.36 Help America Vote Act (P.L. 107-252) must maintain the 67.1 expenditures of the state or the local unit of government for 67.2 activities funded by the federal funds or for equipment 67.3 expenditures at a level that is not less than the level of 67.4 expenditures maintained by the state or the local unit of 67.5 government for the fiscal year ending immediately preceding 67.6 November 2000. 67.7 Sec. 2. Minnesota Statutes 2002, section 200.02, 67.8 subdivision 20, is amended to read: 67.9 Subd. 20. [STATEWIDE REGISTRATION SYSTEM.] "Statewide 67.10 registration system" means the single, interactive, computerized 67.11 central statewide voter registration system and database 67.12 developed and maintained by the secretary of state pursuant to 67.13 section 201.022. 67.14 Sec. 3. Minnesota Statutes 2002, section 201.061, 67.15 subdivision 1, is amended to read: 67.16 Subdivision 1. [REGISTRATION IN PERSON PRIOR TO ELECTION 67.17 DAY.] At any time except during the 20 days immediately 67.18 preceding any election, an eligible voter or any individual who 67.19 will be an eligible voter at the time of the next election may 67.20 register to vote in the precinct in which the voter maintains 67.21 residence by completing aregistration cardvoter registration 67.22 application as described in section 201.071, subdivision 1, and 67.23 submitting it in personor by mailto the county auditor of that 67.24 county or to the Secretary of State's Office.A registration67.25that is received no later than 5:00 p.m. on the 21st day67.26preceding any election shall be accepted. An improperly67.27addressed or delivered registration card shall be forwarded67.28within two working days after receipt to the county auditor of67.29the county where the voter maintains residence. A state or67.30local agency or an individual that accepts completed voter67.31registration cards from a voter must submit the completed cards67.32to the secretary of state or the appropriate county auditor67.33within ten days after the cards are dated by the voter.67.34 Sec. 4. Minnesota Statutes 2002, section 201.061, is 67.35 amended by adding a subdivision: 67.36 Subd. 1a. [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 68.1 any time except during the 20 days immediately preceding any 68.2 election, an eligible voter or any individual who will be an 68.3 eligible voter at the time of the next election may register to 68.4 vote in the precinct in which the voter maintains residence by 68.5 completing a voter registration application and submitting it by 68.6 mail to the county auditor of that county or to the secretary of 68.7 state's office. If the voter has not previously voted in this 68.8 state for federal office, the voter must also present, as 68.9 described in clauses (1) to (4), identification as set forth in 68.10 subdivision 3, clauses (1) to (4) and (7) to (9). If the county 68.11 auditor determines that a voter has submitted a voter 68.12 registration application by mail, has not previously voted in 68.13 this state for a federal office, and has also not presented 68.14 identification as set forth in subdivision 3, clauses (1) to (4) 68.15 and (7) to (9), then the county auditor must notify the voter 68.16 that their registration is incomplete under subdivision 2, and 68.17 that the voter must complete registration by using one of the 68.18 following methods: 68.19 (1) present to the auditor more than 20 days before the 68.20 election identification as set forth in subdivision 3, clauses 68.21 (1) to (4) and (7) to (9); 68.22 (2) before voting in person on election day, present to the 68.23 election judges in the precinct election identification as set 68.24 forth in subdivision 3, clauses (1) to (4) and (7) to (9); 68.25 (3) register in person prior to or on election day; 68.26 (4) if voting by mail or absentee ballot, following 68.27 election day registration procedures for absentee voters as 68.28 described in section 203B.04, subdivision 4. 68.29 For purposes of this subdivision, mail registration is 68.30 defined as a voter registration application that is not 68.31 delivered in person to the secretary of state, county auditor, 68.32 or municipal clerk by the individual making the application. 68.33 Sec. 5. Minnesota Statutes 2002, section 201.061, is 68.34 amended by adding a subdivision: 68.35 Subd. 1b. [DUTY TO FORWARD.] A registration that is 68.36 received no later than 5:00 p.m. on the 21st day preceding any 69.1 election must be accepted. An improperly addressed or delivered 69.2 voter registration application must be forwarded within two 69.3 working days after receipt to the county auditor of the county 69.4 where the voter maintains residence. A state or local agency or 69.5 an individual that accepts completed voter registration 69.6 applications from a voter must submit the completed cards to the 69.7 secretary of state or the appropriate county auditor within ten 69.8 days after the applications are dated by the voter. 69.9 Sec. 6. Minnesota Statutes 2002, section 201.061, is 69.10 amended by adding a subdivision to read: 69.11 Subd. 2. [INCOMPLETE IDENTIFICATION OR RESIDENCE 69.12 INFORMATION.] The voter registration application for a voter 69.13 required by subdivision 1a, to present identification as set 69.14 forth in subdivision 3, clauses (1) to (4) and (7) to (9), must 69.15 be considered incomplete until remedied by the voter in the 69.16 manner described in subdivision 1a, and must be filed with the 69.17 list of registered voters with a notation on the record that the 69.18 voter may not vote until the application is complete. The 69.19 auditor or secretary of state must note on the permanent voter 69.20 record when the required identification has been presented. 69.21 Sec. 7. Minnesota Statutes 2002, section 201.061, 69.22 subdivision 3, is amended to read: 69.23 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 69.24 eligible to vote may register on election day by appearing in 69.25 person at the polling place for the precinct in which the 69.26 individual maintains residence, by completing a voter 69.27 registrationcardapplication, making an oath in the form 69.28 prescribed by the secretary of state and providing proof of 69.29 residence. An individual may prove residence for purposes of 69.30 registering by: 69.31 (1) showing a valid Minnesota driver's license orMinnesota69.32identification card issued pursuant to section 171.07learner's 69.33 permit, or a receipt for either that contains the voter's valid 69.34 address in the precinct; 69.35 (2) showingany document approved by the secretary of state69.36as proper identificationa valid Minnesota identification card 70.1 issued by the Department of Public Safety or a receipt for the 70.2 identification card that contains the voter's valid address in 70.3 the precinct; 70.4 (3) showing one of thefollowing:70.5(i) a current valid student identification card from a70.6postsecondary educational institution in Minnesota, if a list of70.7students from that institution has been prepared under section70.8135A.17 and certified to the county auditor in the manner70.9provided in rules of the secretary of state; or70.10(ii) a current student fee statement that contains the70.11student's valid address in the precinct together with a picture70.12identification card;70.13(4)photo identification cards listed below in item A and 70.14 one of the additional proofs of residence listed in item B. 70.15 A. The following documents are acceptable photo 70.16 identification cards if they contain the voter's name and 70.17 photograph: 70.18 (i) a Minnesota driver's license or identification card; 70.19 (ii) a United States passport; 70.20 (iii) a United States military identification card; or 70.21 (iv) a student identification card issued by a Minnesota 70.22 postsecondary educational institution. 70.23 B. An original bill for gas, electric, telephone, cable 70.24 television, solid waste, water, or sewer services is acceptable 70.25 as an additional proof of residence if: 70.26 (i) the bill shows the voter's name and current address in 70.27 the precinct; and 70.28 (ii) the due date on the bill is within 30 days before or 70.29 after election day. 70.30 If the photo identification presented by the voter 70.31 establishes the voter's identity and the additional proof of 70.32 residence presented by the voter establishes the voter's current 70.33 address in the precinct, the voter shall have proven residence. 70.34 The secretary of state shall provide samples of utility 70.35 bills acceptable as additional proof of residence under item B 70.36 to local election officials for use in election judge training 71.1 and in the polling place on election day; 71.2 (4) having a valid registration in the same precinct under 71.3 a different address; 71.4 (5) presenting a notice of late registration mailed by the 71.5 county auditor or municipal clerk; 71.6 (6) having a voter who is registered to vote in the 71.7 precinct signanthe proof of residence oath in Minnesota Rules, 71.8 part 8200.9939 in the presence of the election judge vouching 71.9 that the voter personally knows that the individual is a 71.10 resident of the precinct. A voter who has been vouched for on 71.11 election day may not sign a proof of residence oath vouching for 71.12 any other individual on that election day; or. The oath must be 71.13 attached to the voter registration card until the address of the 71.14 applicant is verified by the county auditor. The county auditor 71.15 shall file the oaths and maintain them for one year; 71.16(5)(7) for tribal band members living on an Indian 71.17 reservation, an individual may prove residence for purposes of 71.18 registering by showing an identification card issued by the 71.19 tribal government of a tribe recognized by the Bureau of Indian 71.20 Affairs, United States Department of the Interior, that contains 71.21 the name, street address, signature, and picture of the 71.22 individual. The county auditor of each county having territory 71.23 within the reservation shall maintain a record of the number of 71.24 election day registrations accepted under this section.; 71.25 (8) showing one of the following: 71.26 (i) a current valid student identification card from a 71.27 postsecondary educational institution in Minnesota, if a list of 71.28 students from that institution has been prepared under section 71.29 135A.17 and certified to the county auditor; 71.30 (ii) a current student fee statement that contains the 71.31 student's valid address in the precinct together with a picture 71.32 identification card; 71.33 (iii) a current valid photo identification issued by a 71.34 postsecondary educational institution in Minnesota if the 71.35 voter's name, student identification number (if available), and 71.36 address within the precinct appear on a current list of persons 72.1 residing in the institution's housing certified to the county 72.2 auditor by the educational institution; or 72.3 (iv) a current student identification card that contains 72.4 the student's valid address in the precinct, a current student 72.5 fee statement that contains the student's valid address in the 72.6 precinct, or a copy of a current student registration card that 72.7 contains the student's valid address in the precinct. 72.8 This additional proof of residence for students must not be 72.9 allowed unless the educational institution submits to the county 72.10 auditor no later than 60 days prior to the election a written 72.11 agreement that the educational institution will certify for use 72.12 at the election accurate updated lists of persons residing in 72.13 housing owned, operated, leased, or otherwise controlled by the 72.14 institution. A written agreement is effective for the election 72.15 and all subsequent elections held in that calendar year. 72.16 The additional proof of residence for students must be 72.17 allowed on an equal basis for voters resident in housing of any 72.18 postsecondary educational institution within the county, if 72.19 lists certified by the institution meet the requirements of this 72.20 clause. 72.21 An updated list must be certified to the county auditor no 72.22 earlier than 20 days prior to each election. The certification 72.23 must be dated and signed by the chief officer or designee of the 72.24 institution and must state that the list is current and accurate 72.25 and includes only the names of persons residing as of the date 72.26 of the certification in housing controlled by the institution. 72.27 The auditor shall instruct the election judges of the 72.28 precinct in procedures for use of the list in conjunction with 72.29 photo identification. The auditor shall supply a list to the 72.30 election judges with the election supplies for the precinct. 72.31 The auditor shall notify all postsecondary educational 72.32 institutions in the county of the provisions of this clause; 72.33 (9) showing any document approved by the secretary of state 72.34 as proper identification. 72.35 A county, school district, or municipality may require that 72.36 an election judge responsible for election day registration 73.1 initial each completed registration card. 73.2 Sec. 8. Minnesota Statutes 2002, section 201.071, 73.3 subdivision 1, is amended to read: 73.4 Subdivision 1. [FORM.] (a) A registrationcardapplication 73.5 must be of suitable size and weight for mailing and contain 73.6 spaces for the following required information: whether the 73.7 voter is a United States citizen; whether the voter will be 18 73.8 years old on or before election day; the voter's first name, 73.9 middle name, and last name; the voter's previous name, if any; 73.10 the voter's current address; the voter's previous address, if 73.11 any; the voter's date of birth; the voter's municipality and 73.12 county of residence; the voter's telephone number, if provided 73.13 by the voter; the date of registration; the voter's current and 73.14 valid Minnesota driver's license number or Minnesota state 73.15 identification number or, if the voter has no current Minnesota 73.16 driver's license or state identification number, the last four 73.17 digits of the voter's Social Security number; the voter's e-mail 73.18 address, if provided by the voter; the voter's interest in 73.19 serving as an election judge, if indicated by the voter; and the 73.20 voter's signature. Thecardapplication must also containathe 73.21 following certification of voter eligibility.: 73.22 "I certify that I 73.23 (1) will be at least 18 years old on election day; 73.24 (2) am a citizen of the United States; 73.25 (3) will have resided in Minnesota for 20 days immediately 73.26 preceding election day; 73.27 (4) maintain residence at the address given on the 73.28 registration form; 73.29 (5) am not under a guardianship in which I have not 73.30 retained the right to vote; 73.31 (6) have not been found by a court to be legally 73.32 incompetent to vote; 73.33 (7) have not been convicted of a felony without having my 73.34 civil rights restored; and 73.35 (8) have read and understand this statement, that giving 73.36 false information is a felony punishable by not more than five 74.1 years' imprisonment or a fine of not more than $10,000, or both." 74.2 (b) Theform of thevoter registrationcard and the74.3certification of voter eligibilityapplication mustbe as74.4provided in the rules of the secretary of state.: 74.5 (1) be consistent in layout with the data entry screens 74.6 used by the statewide registration system; 74.7 (2) take into consideration readability and ease of 74.8 understanding; 74.9 (3) provide space for including a mailing address for 74.10 returning the completed registration; 74.11 (4) have printed on or with it a set of instructions for 74.12 completing the registration; and 74.13 (5) have printed on or with it a statement that assistance 74.14 for registration and voting is available for elderly and 74.15 disabled individuals and residents of health care facilities. 74.16 (c) The voter registration application must contain a box 74.17 marked "election day official use only" which contains "W ..," 74.18 "P ..," and "SD." These abbreviations stand for "ward," 74.19 "precinct," and "school district." Other information may also 74.20 be included. Election judges shall record the type of election 74.21 day voter registration proof and its number, if any, in the 74.22 "election day official use only" box. 74.23 (d) The voter registration application may include a mark 74.24 identifying where the voter obtained the application or how the 74.25 application was delivered to the county auditor or secretary of 74.26 state. 74.27 (e) Voter registration forms authorized by the National 74.28 Voter Registration Actmaymust also be accepted as valid. The 74.29 Federal Post Card Application (FPCA) form for requesting 74.30 registration, an absentee ballot, or both must also be accepted 74.31 for voter registration purposes if it is not deficient and if 74.32 the voter is eligible to register in Minnesota. Voters who are 74.33 permanently overseas are not eligible to be registered. 74.34 (f) An individual may use a voter registration application 74.35 to apply to register to vote in Minnesota or to change 74.36 information on an existing registration. 75.1 (g) The secretary of state shall provide examples of the 75.2 voter registration application to all county auditors. 75.3 Sec. 9. Minnesota Statutes 2002, section 201.071, 75.4 subdivision 3, is amended to read: 75.5 Subd. 3. [DEFICIENT REGISTRATION.] Except as provided in 75.6 section 201.061, subdivision 2, no voter registration is 75.7 deficient if it contains the voter's name, address, date of 75.8 birth, current and valid driver's license number or Minnesota 75.9 state identification number or, if the voter has no current and 75.10 valid Minnesota driver's license or Minnesota state 75.11 identification, the last four digits of the voter's Social 75.12 Security number, if the voter has been issued a Social Security 75.13 number, prior registration, if any, and signature. The absence 75.14 of a zip code number does not cause the registration to be 75.15 deficient. The election judges shall request an individual to 75.16 correct a voter registrationcardapplication if it is deficient 75.17 or illegible or if the name or number of the voter's school 75.18 district is missing or obviously incorrect. No eligible voter 75.19 may be prevented from voting unless the voter's 75.20 registrationcardapplication is deficient, incomplete pursuant 75.21 to section 201.061, subdivision 2, or the voter is duly and 75.22 successfully challenged in accordance with section 201.195 or 75.23 204C.12. 75.24 A registration card accepted prior to August 1, 1983, is 75.25 not deficient for lack of date of birth. The county or 75.26 municipality may attempt to obtain the date of birth for a 75.27 registration card accepted prior to August 1, 1983, by a request 75.28 to the voter at any time except at the polling place. Failure 75.29 by the voter to comply with this request does not make the 75.30 registration deficient. The secretary of state shall prescribe 75.31 the form for a county or municipality to request the date of 75.32 birth from currently registered voters. The county or 75.33 municipality must not request the date of birth from currently 75.34 registered voters by any communication other than the prescribed 75.35 form. The form must clearly indicate that a currently 75.36 registered voter does not lose registration status by failing to 76.1 provide the date of birth. A registration application is not 76.2 deficient for lack of a telephone number. 76.3 Sec. 10. Minnesota Statutes 2002, section 201.071, is 76.4 amended by adding a subdivision to read: 76.5 Subd. 9. [PROPERLY COMPLETED REGISTRATIONS.] If a county 76.6 auditor determines that a registration application has been 76.7 properly completed under this chapter, the auditor shall file 76.8 the application and enter the registration on the state 76.9 registration system. The county auditor shall maintain the file 76.10 in an orderly manner. The county auditor shall have a card 76.11 notice mailed to each newly registered voter and to each voter 76.12 who changed name or address information on the voter's existing 76.13 voting record indicating the voter's name, address, precinct, 76.14 and polling place. The card must require that it be returned if 76.15 not deliverable as addressed. 76.16 Sec. 11. Minnesota Statutes 2002, section 201.081, is 76.17 amended to read: 76.18 201.081 [REGISTRATION FILES.] 76.19 The statewide registration system is the official record of 76.20 registered voters. The voter registrationcardsapplications 76.21 and the terminal providing access to the statewide registration 76.22 system must be under the control of the secretary of state or 76.23 the county auditor or the public official to whom the secretary 76.24 of state or the county auditor has delegated the responsibility 76.25 for maintaining voter registration records. The voter 76.26 registrationcardsapplications and terminals providing access 76.27 to the statewide registration system must not be removed from 76.28 the control of the secretary of state or the county auditor 76.29 except as provided in this subdivision. The secretary of state 76.30 or the county auditor may make photographic copies of voter 76.31 registrationcardsapplications in the manner provided by 76.32 section 138.17. 76.33 A properly completed voter registrationcardapplication 76.34 that has been submitted to the secretary of state or a county 76.35 auditor must be maintained by the secretary of state or the 76.36 county auditor for at least 22 months after the date that the 77.1 information on thecardapplication is entered into the database 77.2 of the statewide registration system. The secretary of state or 77.3 the county auditor may dispose of thecardsapplications after 77.4 retention for 22 months in the manner provided by section 138.17. 77.5 The registration record of a voter whose registration has 77.6 been made inactive must be maintained in and be accessible from 77.7 the statewide registration system for 22 months. 77.8 Sec. 12. Minnesota Statutes 2002, section 201.091, 77.9 subdivision 4, is amended to read: 77.10 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 77.11 shall make available for inspection a public information list in 77.12 electronic or other media which must contain the name, address, 77.13 year of birth, and voting history of each registered voter in 77.14 the county. The telephone number must be included on the list 77.15 if provided by the voter. The public information list may also 77.16 include information on voting districts. The public information 77.17 list must not include any portion of any person's Social 77.18 Security number, driver's license number, or Minnesota 77.19 identification number. The county auditor may adopt reasonable 77.20 rules governing access to the list. A copy of the public 77.21 information list must be available for public inspection for 77.22 authorized purposes at all times in the county auditor's 77.23 office. No individual inspecting the public information list 77.24 shall tamper with or alter it in any manner. No individual who 77.25 inspects the public information list or who acquires a list of 77.26 registered voters prepared from the public information list may 77.27 use any information contained in the list for purposes unrelated 77.28 to elections, political activities, or law enforcement. The 77.29 secretary of state may provide copies of the public information 77.30 lists and other information from the statewide registration 77.31 system for uses related to elections, political activities, or 77.32 in response to a law enforcement inquiry from a public official 77.33 concerning a failure to comply with any criminal statute or any 77.34 state or local tax statute. The secretary of state may make 77.35 public information lists available for public purchase. 77.36 Before inspecting the public information list or obtaining 78.1 a list of voters or other information from the list, the 78.2 individual shall provide identification to the public official 78.3 having custody of the public information list and shall state in 78.4 writing that any information obtained from the list will not be 78.5 used for purposes unrelated to elections, political activities, 78.6 or law enforcement. Requests to examine or obtain information 78.7 from the public information lists or the statewide registration 78.8 system must be made and processed in the manner provided in the 78.9 rules of the secretary of state. 78.10 Upon receipt of a written request and a copy of the court 78.11 order, the secretary of statemaymust withhold from the public 78.12 information list the name of any registered voter placed under 78.13 court-ordered protection. 78.14 Sec. 13. Minnesota Statutes 2002, section 201.096, is 78.15 amended to read: 78.16 201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION 78.17 SYSTEM.] 78.18 The county auditor shall allow independent or special 78.19 school districts to use the necessary portions of the statewide 78.20 registration system for school district elections. 78.21 The secretary of state or the county auditor may impose 78.22 reasonable requirements to preserve the security and integrity 78.23 of the system. The secretary of state or the county auditor and 78.24 the school district shall provide by agreement for the details 78.25 of the use of the system by the school district. The school 78.26 board may designate a member of the board or an employee as 78.27 registration officer. The provisions of this chapter and 78.28 chapter 203B relating to registration of voters apply to all 78.29 school district electionsin which the statewide registration78.30system is used. 78.31 Sec. 14. Minnesota Statutes 2002, section 201.11, is 78.32 amended to read: 78.33 201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 78.34 When the boundaries of a precinct are changed, the county 78.35 auditor shall immediately notify the secretary of state. The 78.36 secretary of state, or the county auditor if delegated by the 79.1 secretary of state, shall update the voter records for that 79.2 precinct in the statewide registration system to accurately 79.3 reflect those changes. 79.4 Sec. 15. Minnesota Statutes 2002, section 201.121, is 79.5 amended by adding a subdivision to read: 79.6 Subd. 4. [AUDITOR'S RANDOM NOTIFICATION.] Following each 79.7 election in which voters register on election day, the county 79.8 auditor shall send a mailed notice of registration to a random 79.9 sample of five percent of the election day registrants within 79.10 ten days of the election. This section does not relieve the 79.11 county auditor of the responsibility to send a mailed notice to 79.12 all registrants. 79.13 Sec. 16. Minnesota Statutes 2002, section 201.13, 79.14 subdivision 1, is amended to read: 79.15 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 79.16 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 79.17 2002, Public Law 107-252, the commissioner of health shall 79.18 report monthly by electronic means to the secretary of state the 79.19 name, address, date of birth, and county of residence of each 79.20 individual 18 years of age or older who has died while 79.21 maintaining residence in Minnesota since the last previous 79.22 report. The secretary of state may electronically change the 79.23 status of those registrants to "deceased" in the statewide 79.24 registration system, when a single exact match can be found in 79.25 the system. The secretary of state may designate the county 79.26 auditor to modify the statewide voter registration system in 79.27 response to this report, in which case the secretary of state 79.28 shall determine if any of the persons listed in the report are 79.29 registered to vote and shall prepare a list of those registrants 79.30 for each county auditor. Within 60 days after receiving the 79.31 list from the secretary of state, the county auditor shall 79.32 change the status of those registrants to "deceased" in the 79.33 statewide registration system. 79.34 Sec. 17. Minnesota Statutes 2002, section 201.14, is 79.35 amended to read: 79.36 201.14 [STATE COURT ADMINISTRATOROF DISTRICT COURT, REPORT 80.1 CHANGES OF NAMES.] 80.2 The state court administratorof district court in each80.3countyshall report monthly to thecounty auditorsecretary of 80.4 state the name and address of each individual, 18 years of age 80.5 or over, who maintains residence in that county and whose name 80.6 was changed during the month preceding the date of the report, 80.7 by marriage, divorce or any order or decree of the court. The 80.8 report may be made by electronic means. The secretary of state 80.9 may designate the county auditor to modify the statewide voter 80.10 registration system in response to this report. If the report 80.11 is made by electronic means, the secretary of state shall 80.12 determine if any of the persons in the report are registered to 80.13 vote and shall prepare a list of those registrants for each 80.14 county auditor. Upon receipt of thereportlist, the county 80.15 auditor shall notify by mail each registered voter whose name 80.16 was changed that it will be necessary toreregisterchange the 80.17 registration under the changed name in order to vote. 80.18 Sec. 18. Minnesota Statutes 2002, section 201.15, as 80.19 amended by Laws 2003, chapter 12, article 2, section 3, is 80.20 amended to read: 80.21 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 80.22 COMMITMENTS.] 80.23 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 80.24 to the Help America Vote Act of 2002, Public Law 107-252, the 80.25 state court administrator shall report monthly to the secretary 80.26 of state the name, address, and date of birth of each individual 80.27 18 years of age or over, who during the month preceding the date 80.28 of the report: 80.29 (a) was placed under a guardianshipof the personin which 80.30 the court order provides that the ward does not retain the right 80.31 to vote; or 80.32 (b) was adjudged legally incompetent. 80.33 The court administrator shall also report the same 80.34 information for each individual transferred to the jurisdiction 80.35 of the court who meets a condition specified in clause (a) or 80.36 (b). The secretary of state shall determine if any of the 81.1 persons in the report is registered to vote and shall prepare a 81.2 list of those registrants for the county auditor. The secretary 81.3 of state or the county auditor shall change the status on the 81.4 record in the statewide registration system of any individual 81.5 named in the report to indicate that the individual is not 81.6 eligible toreregisterregister or vote, unless the voter is 81.7 restored to capacity. 81.8 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 81.9 America Vote Act of 2002, Public Law 107-252, the state court 81.10 administrator shall report monthly to the secretary of state the 81.11 name, address, and date of birth of each individual transferred 81.12 from guardianship to conservatorship or who is restored to 81.13 capacity by the court after being ineligible to vote for any of 81.14 the reasons specified in subdivision 1. The secretary of state 81.15 shall determine if any of the persons in the report is 81.16 registered to vote and shall prepare a list of those registrants 81.17 for the county auditor. The secretary of state or the county 81.18 auditor shall change the status on the voter's record in the 81.19 statewide registration system to "active." 81.20 Sec. 19. Minnesota Statutes 2002, section 201.161, is 81.21 amended to read: 81.22 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 81.23 APPLICATIONS.] 81.24 The Department of Public Safety shall change its 81.25 applications for an original, duplicate, or change of address 81.26 driver's license or identification card so that the forms may 81.27 also serve as voter registrationcardsapplications. The forms 81.28 must contain spaces for the information required in section 81.29 201.071, subdivision 1, and applicable rules of the secretary of81.30state. Applicants for driver's licenses or identification cards 81.31 must be asked if they want to register to vote at the same 81.32 time. A copy of each application containing a completed voter 81.33 registration must be sent to the county auditor of the county in 81.34 which the voter maintains residence or to the secretary of state 81.35 as soon as possible. The computerized driver's license record 81.36 information relating to name, address, date of birth, driver's 82.1 license number, county, town, and city must be made available 82.2 for access by the secretary of state and interaction with the 82.3 statewide voter registration system. 82.4 Sec. 20. Minnesota Statutes 2002, section 201.211, is 82.5 amended to read: 82.6 201.211 [COSTS.] 82.7 The office required to perform the functions and duties of 82.8 this chapter shall bear the costs incurred. If these functions 82.9 and duties are delegated to another office, that office shall 82.10 bear the costs. The secretary of state shall pay the costs of 82.11 operating and maintaining the statewide registration system. 82.12 The secretary of state shall also pay the costs of preparing 82.13 polling place rosters and master lists printed by the secretary 82.14 of state from the money appropriated for this purpose. 82.15 Sec. 21. [201.1215] [VERIFICATION; DISCREPANCIES.] 82.16 All applications for new voter registrations in the state 82.17 shall be verified pursuant to section 201.1615. A registration 82.18 record shall also be verified when a registered voter changes or 82.19 adds a Minnesota driver's license number, Minnesota state 82.20 identification number, or the last four digits of the Social 82.21 Security number on the voter's registration record, or when the 82.22 voter changes name, address, or date of birth information. 82.23 If, after matching the information in the statewide voter 82.24 registration system with the information contained in the 82.25 Department of Public Safety database, the accuracy of the 82.26 information on the voter registration application cannot be 82.27 verified, the county auditor shall investigate and attempt to 82.28 resolve the discrepancy. If the discrepancy cannot be resolved, 82.29 the county auditor must challenge the voter in the statewide 82.30 voter registration system and may refer the matter to the county 82.31 attorney. 82.32 If during the verification process the Department of Public 82.33 Safety provides information that indicates that the voter is not 82.34 a citizen of the United States, the county auditor shall 82.35 challenge the voter in the statewide voter registration system 82.36 and refer the matter to the county attorney. 83.1 Sec. 22. Minnesota Statutes 2002, section 201.071, is 83.2 amended by adding a subdivision to read: 83.3 Subd. 3a. [NOTIFICATION OF DEFICIENT REGISTRATION.] If a 83.4 person attempts to register prior to election day and the county 83.5 auditor determines that the registration is deficient, the 83.6 auditor shall notify the person attempting to register that the 83.7 registration was not correctly completed. The auditor shall 83.8 attempt to obtain the needed information by mail, electronic 83.9 mail, or telephone. If the auditor cannot obtain the needed 83.10 information, the registration is deficient and the registration 83.11 application must not be filed and must be maintained separately 83.12 for 22 months. The applicant shall be allowed to vote only 83.13 after correctly completing a registration application. 83.14 If the auditor notifies a person of an incorrectly 83.15 completed registration, the auditor shall also notify the 83.16 applicant of the dates on which registrations cannot be accepted 83.17 for an election and of the procedures for election day 83.18 registration. In the notice to the applicant, the auditor shall 83.19 explain that a correctly completed registration received by the 83.20 auditor during the period when registrations cannot be accepted 83.21 for the upcoming election will make the applicant registered to 83.22 vote on the day after the upcoming election. 83.23 If an auditor receives a faulty or deficient registration 83.24 during the period when registrations cannot be accepted for an 83.25 election, the auditor shall notify the applicant that the 83.26 applicant must register at the polling place of the precinct in 83.27 which the applicant resides on election day to vote at the 83.28 election. In the notice to the applicant, the auditor shall 83.29 explain that a correctly completed registration received by the 83.30 auditor during the period when registrations cannot be accepted 83.31 for the upcoming election will make the applicant registered to 83.32 vote on the day after the upcoming election. 83.33 Sec. 23. [201.157] [NOTICE OF CHALLENGE REMOVAL.] 83.34 The county auditor shall mail a notice indicating the 83.35 individual's name, address, precinct, and polling place to any 83.36 registered voter whose civil rights have been restored after a 84.1 felony conviction; who has been removed from under a 84.2 guardianship under which the person did not retain the right to 84.3 vote; or who has been restored to capacity by the court after 84.4 being ineligible to vote. The notice must require that it be 84.5 returned if not deliverable. 84.6 Sec. 24. [201.075] [CHANGE OF RESIDENCE.] 84.7 An individual who has previously registered to vote in 84.8 Minnesota who changes residence must be permitted to vote only 84.9 after updating the registration by completing a registration 84.10 application stating the individual's new residence. 84.11 Sec. 25. [201.076] [PROCESSING OF NATIONAL VOTER 84.12 REGISTRATION ACT APPLICATIONS.] 84.13 All county auditors shall accept voter registration 84.14 applications on forms prescribed by the Federal Election 84.15 Commission as provided by the National Voter Registration Act if 84.16 the application is from a person eligible to vote in Minnesota, 84.17 and includes whether the voter is a United States citizen and 84.18 will be 18 years old on or before election day, the registrant's 84.19 name, address in Minnesota, previous address, if any, date of 84.20 birth, current and valid Minnesota driver's license or Minnesota 84.21 state identification card, or if the voter has no current and 84.22 valid Minnesota driver's license or Minnesota state 84.23 identification card, the last four digits of the voter's Social 84.24 Security number, registrant's signature, and the date of 84.25 registration. The application must be processed and stored by 84.26 the county auditor in the same manner as a Minnesota voter 84.27 registration application. 84.28 Sec. 26. Minnesota Statutes 2002, section 201.221, 84.29 subdivision 3, is amended to read: 84.30 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 84.31 secretary of state shall prescribe the form of polling place 84.32 rosters that include the voter's name, address, date of birth, 84.33 school district number,andspace for the voter's signature, and 84.34 any other information prescribed by the secretary of state 84.35 necessary to permit election judges to perform duties required 84.36 by law. The polling place roster must be used to indicate 85.1 whether the voter has voted in a given election. The secretary 85.2 of state shall prescribe procedures for transporting the polling 85.3 place rosters to the election judges for use on election day. 85.4 The secretary of state shall prescribe the form for a county or 85.5 municipality to request the date of birth from currently 85.6 registered voters. The county or municipality shall not request 85.7 the date of birth from currently registered voters by any 85.8 communication other than the prescribed form and the form must 85.9 clearly indicate that a currently registered voter does not lose 85.10 registration status by failing to provide the date of birth. In 85.11 accordance with section 204B.40, the county auditor shall retain 85.12 the prescribed polling place rosters used on the date of 85.13 election forone year22 months following the election. If a 85.14 voter's registration has been challenged pursuant to section 85.15 201.121, subdivision 2, an indicator noting the voter's 85.16 challenged status must be printed on the line provided for the 85.17 voter's signature. A similar indicator must be printed on the 85.18 line provided for the voter's signature to note a voter's 85.19 guardianship or felony status, if any. If a voter's 85.20 registration is incomplete under section 201.061, subdivision 2, 85.21 an indicator must be printed on the line provided for the 85.22 voter's signature to indicate the voter is required to show 85.23 identification pursuant to section 201.061, subdivision 1a. 85.24 If a voter's name is withheld from public information lists 85.25 pursuant to section 201.091, subdivision 4, the secretary of 85.26 state may withhold the address of the voter from the line 85.27 provided for the voter's signature. In this case, the auditor 85.28 shall verify the voter's address following the election using 85.29 the procedures in section 201.12. 85.30 The following certification must be printed at the top of 85.31 each page of the polling place roster: "I certify that I am at 85.32 least 18 years of age and a citizen of the United States; that I 85.33 maintain residence at the address shown and have resided in 85.34 Minnesota for 20 days immediately preceding this election; that 85.35 I am not under guardianship of the person, have not been found 85.36 by a court to be legally incompetent to vote, and have not been 86.1 convicted of a felony without having my civil rights restored; 86.2 and that I am registered and will be voting only in this 86.3 precinct. I understand that deliberately providing false 86.4 information is a felony punishable by not more than five years 86.5 imprisonment and a fine of not more than $10,000, or both." 86.6 One or more pages in the polling place roster must be 86.7 provided for use by voters who register to vote in the polling 86.8 place on election day. An election day registrant must fill in 86.9 the registrant's name, address, and date of birth and sign the 86.10 roster on the line provided. 86.11 Each page in the polling place roster must also contain the 86.12 name of the precinct and a page number. In addition, each line 86.13 provided for a voter's signature must be consecutively numbered, 86.14 beginning with the number 1 on each page. 86.15 The secretary of state shall identify and develop methods 86.16 of producing polling place rosters. The secretary of state 86.17 shall provide polling place rosters for each election in the 86.18 state. The roster may be provided to the county auditor on 86.19 paper, computer tape, or another electronic medium. 86.20 Sec. 27. Minnesota Statutes 2002, section 203B.02, is 86.21 amended by adding a subdivision to read: 86.22 Subd. 4. [PRESIDENTIAL BALLOT.] A person who is qualified 86.23 under United States Code, title 42, section 1973aa-1, to vote 86.24 for the offices of president and vice-president or for electors 86.25 for president and vice-president may vote by absentee ballot or 86.26 in person at the auditor's office in the county where the person 86.27 formerly resided. 86.28 The following persons are qualified: a voter who will be 86.29 at least 18 years old on election day, is a citizen of the 86.30 United States, and is not under court-ordered guardianship of 86.31 the person without retaining the right to vote, has not been 86.32 found by a court to be legally incompetent to vote, has not been 86.33 convicted of a felony without having civil rights restored, and 86.34 has previously lived in Minnesota and has moved from Minnesota 86.35 to another state within 30 days of a presidential election and 86.36 is not eligible to vote in the state in which the voter now 87.1 resides, may apply for an absentee ballot that contains only the 87.2 offices of president and vice-president in accordance with the 87.3 requirements of United States Code, title 42, section 1973aa-1. 87.4 Sec. 28. Minnesota Statutes 2002, section 203B.04, 87.5 subdivision 1, is amended to read: 87.6 Subdivision 1. [APPLICATION PROCEDURES.] Except as 87.7 otherwise allowed by subdivision 2, an application for absentee 87.8 ballots for any election may be submitted at any time not less 87.9 than one day before the day of that election. The county 87.10 auditor shall prepare absentee ballot application forms in the 87.11 format providedin the rules ofby the secretary of state and 87.12 shall furnish them to any person on request. By January 1 of 87.13 each even-numbered year, the secretary of state shall make 87.14 example forms available to auditors through electronic means. 87.15 An application submitted pursuant to this subdivision shall be 87.16 in writing and shall be submitted to: 87.17 (a) the county auditor of the county where the applicant 87.18 maintains residence; or 87.19 (b) the municipal clerk of the municipality, or school 87.20 district if applicable, where the applicant maintains residence. 87.21 An application shall be approved if it is timely received, 87.22 signed and dated by the applicant, contains the applicant's name 87.23 and residence and mailing addresses, and states that the 87.24 applicant is eligible to vote by absentee ballot for one of the 87.25 reasons specified in section 203B.02. The application may 87.26 contain a request for the voter's date of birth, which must not 87.27 be made available for public inspection. An application may be 87.28 submitted to the county auditor or municipal clerk by an 87.29 electronic facsimile device or other electronically transmitted 87.30 image. An application mailed or returned in person to the 87.31 county auditor or municipal clerk on behalf of a voter by a 87.32 person other than the voter must be deposited in the mail or 87.33 returned in person to the county auditor or municipal clerk 87.34 within ten days after it has been dated by the voter and no 87.35 later than six days before the election. The absentee ballot 87.36 applications or a list of persons applying for an absentee 88.1 ballot may not be made available for public inspection until the 88.2 close of voting on election day. 88.3 An application under this subdivision may contain an 88.4 application under subdivision 5 to automatically receive an 88.5 absentee ballot application. 88.6 If an application cannot be approved because it is missing 88.7 information, the auditor or clerk must attempt to obtain the 88.8 information by mail, electronic mail, or telephone. If the 88.9 missing information cannot be obtained, or if for any other 88.10 reason the application cannot be approved, the auditor or clerk 88.11 must notify the voter in writing of the reason for the rejection 88.12 and must make a reasonable attempt to send a new application. 88.13 Sec. 29. Minnesota Statutes 2002, section 203B.04, 88.14 subdivision 4, is amended to read: 88.15 Subd. 4. [ALTERNATE FORM OF REGISTRATIONAT TIME OF88.16APPLICATION.] An eligible voter who is not registered to vote 88.17 butwhois otherwise eligible to vote by absentee ballot may 88.18 register by including a completed voter registration 88.19cardapplication with the absentee ballot. The individual shall 88.20 present proof of residence as required by section 201.061, 88.21 subdivision 3, to the individual who witnesses the marking of 88.22 the absentee ballots. 88.23 Sec. 30. Minnesota Statutes 2002, section 203B.04, 88.24 subdivision 5, is amended to read: 88.25 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 88.26 eligible voter who reasonably expects to be permanently unable 88.27 to go to the polling place on election day because of illness or 88.28 disability may apply to a county auditor or municipal clerk 88.29 under this section to automatically receive an absentee ballot 88.30 application before each election, other than an election by mail 88.31 conducted under section 204B.45, and to have the status as a 88.32 permanent absentee voter indicated on the voter's registration 88.33 record. Voters covered by this subdivision are exempt from 88.34 mail-in requirements in section 201.061, subdivision 1a. 88.35 (b) The secretary of state shall adopt rules governing 88.36 procedures under this subdivision. 89.1 Sec. 31. Minnesota Statutes 2002, section 203B.04, is 89.2 amended by adding a subdivision to read: 89.3 Subd. 6. [PERMANENT APPLICATION.] An eligible voter who 89.4 meets the requirements in subdivision 5 may apply to the county 89.5 auditor or municipal clerk to automatically receive an absentee 89.6 ballot application for each election in which the voter is 89.7 eligible to vote. The county auditor shall make available the 89.8 form provided in subdivision 9 for this purpose. The voter 89.9 shall complete the form and return it to the county auditor or 89.10 municipal clerk. A municipal clerk who receives a completed 89.11 application shall immediately forward it to the county auditor. 89.12 The voter's permanent application status must be indicated and 89.13 permanently maintained on the voter's registration record on the 89.14 statewide voter registration system. 89.15 The county auditor shall maintain a list of voters who have 89.16 applied to automatically receive an absentee ballot 89.17 application. At least 45 days before each election, the county 89.18 auditor or municipal clerk shall send an absentee ballot 89.19 application to each person on the list who is eligible to vote 89.20 in the election. 89.21 Sec. 32. [203B.041] [APPLICATION FORM; INSTRUCTIONS.] 89.22 Subdivision 1. [ALTERNATIVE REQUIREMENTS.] (a) Absentee 89.23 ballot applications prepared under sections 203B.06, subdivision 89.24 1, and 203B.17, subdivision 2, must be in the form prescribed by 89.25 the secretary of state. The secretary of state shall make the 89.26 forms available by January 1 of even-numbered years by 89.27 electronic means. 89.28 (b) An absentee ballot application prepared under section 89.29 203B.06, subdivision 1, must include spaces for the following 89.30 information: the elections for which the absentee ballot is 89.31 requested; the reason under section 203B.02, subdivision 1, for 89.32 requesting the ballot; the voter's name, date of birth, 89.33 Minnesota driver's license number or Minnesota state 89.34 identification number, resident address in the county, telephone 89.35 number, electronic mail address, and address to which the 89.36 ballots are to be mailed; the date of the request; the voter's 90.1 signature; and instructions to the voter on completing the form 90.2 and returning the application as soon as possible. 90.3 (c) An absentee ballot application prepared under section 90.4 203B.17, subdivision 2, must include spaces for the following 90.5 information: the voter's name, date of birth, and address of 90.6 present or former residence in Minnesota; a statement and boxes 90.7 a voter must check to indicate that the voter is a member of the 90.8 armed forces, a spouse or dependent of a member of the armed 90.9 forces, temporarily outside the United States, or permanently 90.10 living outside the United States; a statement that the voter 90.11 expects to be absent from the voter's precinct at the time of 90.12 the election; the address to which the absentee ballot is to be 90.13 mailed; the voter's signature or the signature and relationship 90.14 of the individual authorized to apply on the voter's behalf; the 90.15 voter's telephone number, electronic mail address, and military 90.16 number or passport number; and a signature line and title for 90.17 the authorized witness under section 203B.17, subdivision 2, 90.18 paragraph (f). The form must include instructions to the voter 90.19 on completing the form and on who may complete the form on the 90.20 voter's behalf. The form must include instructions that the 90.21 application may be dropped off, mailed, sent by facsimile, or 90.22 submitted by electronic image. The form must include 90.23 instructions to return the application as soon as possible. 90.24 (d) An absentee ballot application prepared under section 90.25 203B.02, subdivision 4, must include a statement of eligibility 90.26 in which the voter affirms that the voter will be at least 18 90.27 years old on election day, is a citizen of the United States, 90.28 and is not under court-ordered guardianship of the person 90.29 without retaining the right to vote, has not been found by a 90.30 court to be legally incompetent to vote, and has not been 90.31 convicted of a felony without having civil rights restored, and 90.32 has previously lived in Minnesota and has moved from Minnesota 90.33 to another state within 30 days of a presidential election and 90.34 is not eligible to vote in the state in which the voter now 90.35 resides. The form must include spaces for the voter's name, 90.36 date of birth, former address in Minnesota, including city or 91.1 town and county, electronic mail address, telephone number, the 91.2 address to which the ballot should be mailed, the applicant's 91.3 signature, and a statement that the information provided on the 91.4 application is true and correct. 91.5 Subd. 2. [ABSENTEE BALLOT INSTRUCTIONS.] The following 91.6 instructions must be sent with an absentee ballot application 91.7 prepared pursuant to section 203B.06, subdivision 1: 91.8 "INSTRUCTIONS 91.9 1. To vote by absentee ballot 91.10 * you must be an eligible voter, and 91.11 * you must reside at the legal residence address you give 91.12 on this application on election day. 91.13 It is a felony to make a false statement in an application for 91.14 an absentee ballot, to apply for an absentee ballot more than 91.15 once in an election with the intent to cast an illegal ballot, 91.16 to show a ballot marked by a person to another person, or to 91.17 violate an absentee ballot provision for the purpose of casting 91.18 an illegal vote or to help anyone to cast an illegal vote. 91.19 2. Check the appropriate box indicating why you cannot go 91.20 to your polling place on election day; these are the only 91.21 reasons that entitle you to vote by absentee ballot. 91.22 3. Give your correct legal residence address as completely 91.23 as possible, since this is used to verify your precinct number. 91.24 4. Sign the application. 91.25 5. Return the completed application as soon as possible to 91.26 the election official from whom you received it. 91.27 Remember: 91.28 - You must indicate whether you are requesting ballots for 91.29 the primary or general election, or both. 91.30 - Do not submit more than one application for each election. 91.31 - Your absentee ballots will be mailed or delivered to you 91.32 as soon as they are available. 91.33 - Ballots received by election officials after election day 91.34 will not be counted." 91.35 Subd. 3. [POSTCARD APPLICATION.] The absentee ballot 91.36 application may be printed as a postcard application or in any 92.1 other manner considered appropriate by the secretary of state. 92.2 If the application is printed as a postcard application, it must 92.3 conform to United States Postal Service requirements. 92.4 Subd. 4. [PERMANENT APPLICATION FORM.] The permanent 92.5 application form must be in the form prescribed by the secretary 92.6 of state. The secretary of state shall make the forms available 92.7 by January 1 of even-numbered years by electronic means. The 92.8 form must include space for the following information: the 92.9 voter's name, residence address, address to which the ballot 92.10 should be mailed, telephone number, electronic mail address, 92.11 date of birth, and Minnesota driver's license number or 92.12 Minnesota state identification number; and a certification of 92.13 the voter that the voter reasonably expects to be permanently 92.14 unable to vote in person at the polling place for the voter's 92.15 precinct due to illness or disability. The form must also 92.16 include a statement that the voter requests an application for 92.17 absentee ballots to be sent to the voter before each election in 92.18 which the voter is eligible to vote. 92.19 Subd. 5. [AGENT DELIVERY APPLICATION.] An application for 92.20 agent delivery may be combined in one document with an absentee 92.21 ballot application. 92.22 Sec. 33. [203B.042] [APPLICATIONS FROM CHALLENGED VOTERS.] 92.23 (a) A voter registration application must be sent with the 92.24 ballot to any challenged voter who applies for an absentee 92.25 ballot. The absentee ballot process must be administered as if 92.26 the voter was not registered to vote. 92.27 (b) The following notice must accompany nonregistered 92.28 absentee ballot materials: 92.29 "IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING: 92.30 Pursuant to Minnesota Statutes, chapter 201, the county 92.31 auditor is required to "challenge" your voter registration, 92.32 either because of a notification from the post office that you 92.33 no longer live at the address listed on your voter registration 92.34 or because of another question about your eligibility to vote. 92.35 To remove the challenge so that your ballot can be counted, 92.36 you must complete the enclosed Minnesota voter registration 93.1 application. Read the statement at the bottom of the 93.2 registration application and sign the application only if all 93.3 parts apply to you. To complete the return envelope, follow the 93.4 instructions provided." 93.5 Sec. 34. Minnesota Statutes 2002, section 203B.06, 93.6 subdivision 4, is amended to read: 93.7 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 93.8 application for ballots, the county auditor, municipal clerk, or 93.9 election judge acting pursuant to section 203B.11, who receives 93.10 the application shall determine whether the applicant is a 93.11 registered voter. If the applicant is not registered to vote, 93.12 the county auditor, municipal clerk, or election judge shall 93.13 include a voter registrationcardapplication among the election 93.14 materials provided to the applicant. If the county auditor, 93.15 municipal clerk, or election judge determines that the voter's 93.16 registration is incomplete under section 201.061, subdivision 2, 93.17 the voter must be notified that the voter registration 93.18 application is incomplete and a voter registration application 93.19 must be included with the nonregistration absentee ballot 93.20 materials. The voter may register using nonregistration 93.21 absentee procedures. 93.22 Sec. 35. Minnesota Statutes 2002, section 203B.06, 93.23 subdivision 7, is amended to read: 93.24 Subd. 7. [SPECIAL POSTAL SERVICES.] If the federal 93.25 government or any of its branches, departments, agencies or 93.26 other instrumentalities makes any special service available for 93.27 the mailing of absentee voting materials, any county auditor or 93.28 municipal clerk may use the service. A county auditor may use 93.29 envelopes prepaid by applicants for express or similar delivery 93.30 service. 93.31 Sec. 36. Minnesota Statutes 2002, section 203B.07, is 93.32 amended to read: 93.33 203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO 93.34 VOTERS.] 93.35 Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The 93.36 county auditor or the municipal clerk shall prepare, print, and 94.1 transmit a return envelope, a ballot envelope, and a copy of the 94.2 directions for casting an absentee ballot to each applicant 94.3 whose application for absentee ballots is accepted pursuant to 94.4 section 203B.04. The directions for casting an absentee ballot 94.5 shall be printed in at least 14-point bold type with heavy 94.6 leading and may be printed on the ballot envelope. When a 94.7 person requests the directions in Braille or on cassette tape, 94.8 the county auditor or municipal clerk shall provide them in the 94.9 form requested. The secretary of state shall prepare Braille 94.10 and cassette copies and make them available on request. 94.11 When a voter registrationcardapplication is sent to the 94.12 applicant as provided in section 203B.06, subdivision 4, the 94.13 directions or registrationcard shallapplication must include 94.14 instructions for registering to vote. County auditors and other 94.15 persons administering the absentee process in jurisdictions 94.16 whose boundaries include any part of an Indian reservation must, 94.17 when responding to a request that is made from an address within 94.18 the Indian reservation, also include information on the use of 94.19 tribal information valid for proving residence within that 94.20 jurisdiction for voting purposes. 94.21 Subd. 2. [DESIGN OF ENVELOPES.] The return envelope 94.22shallmust be of sufficient size to conveniently enclose and 94.23 contain the ballot envelope and a voter registration 94.24cardapplication folded along its perforations. The return 94.25 envelope shall be designed to open on the left hand end. A 94.26 certificate of eligibility to vote by absentee ballot shall be 94.27 printed onthe right hand three-fourths ofthe back of the 94.28 envelope. The certificate shall contain a statement to be 94.29 signed and sworn by the voter indicating that the voter meets 94.30 all of the requirements established by law for voting by 94.31 absentee ballot. The certificate shall also contain a statement 94.32 signed by a person who is registered to vote in Minnesota or by 94.33 a notary public or other individual authorized to administer 94.34 oaths stating that: 94.35(a)(1) the ballots were displayed to that individual 94.36 unmarked; 95.1(b)(2) the voter marked the ballots in that individual's 95.2 presence without showing how they were marked, or, if the voter 95.3 was physically unable to mark them, that the voter directed 95.4 another individual to mark them; and 95.5(c)(3) if the voter was not previously registered, the 95.6 voter has provided proof of residence as required by section 95.7 201.061, subdivision 3. 95.8 The county auditor or municipal clerk shall affix first 95.9 class postage to the return envelopes. 95.10 Sec. 37. [203B.071] [INSTRUCTIONS TO ABSENTEE VOTER.] 95.11 Subdivision 1. [REQUIRED INSTRUCTIONS.] Instructions to 95.12 the absentee voter must be enclosed with the absentee ballot 95.13 materials mailed or delivered to the absent voter. The 95.14 instructions must be in the form provided in subdivision 2, 3, 95.15 or 6. The instructions may include a telephone number or 95.16 electronic mail address that voters can call or write to for 95.17 help in absentee voting. In election jurisdictions using 95.18 electronic voting systems, the instructions must explain how to 95.19 correctly mark and fold the electronic voting system ballots. 95.20 The instructions must inform the voter of the effect of casting 95.21 multiple votes for an office and, in the case of a partisan 95.22 primary, the effect of voting for candidates of more than one 95.23 party. The instructions must include information on how to 95.24 correct a ballot before it is cast and counted, including 95.25 instructions on how to request a replacement ballot if the voter 95.26 is unable to change the ballot or correct an error. 95.27 Subd. 2. [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT 95.28 REGISTRATIONS.] The following instructions must be sent to 95.29 unregistered absentee voters and to voters whose registrations 95.30 are incomplete under section 201.061, subdivision 2: 95.31 "INSTRUCTIONS TO ABSENTEE VOTERS 95.32 WHO ARE CURRENTLY NOT REGISTERED IN MINNESOTA, 95.33 WHOSE REGISTRATIONS HAVE BEEN DULY 95.34 CHALLENGED, OR WHO REGISTERED BY MAIL OR 95.35 WHO HAVE NOT COMPLETED REGISTRATION REQUIREMENTS 95.36 Follow these instructions carefully. 95.37 Before you vote by absentee ballot you must have a witness. 95.38 Step 1. Locate one of the following individuals to serve 96.1 as your witness: 96.2 a. anyone who is registered to vote in Minnesota including 96.3 your spouse or another relative who meets this qualification; 96.4 b. a notary public; or 96.5 c. any person having authority to administer oaths. 96.6 Step 2. Fill out the voter registration application. 96.7 Remember to sign your name at the bottom of the application. 96.8 Step 3. Show your witness your proof of residence in the 96.9 precinct. One of the following documents may be used as proof 96.10 of residence: 96.11 a. a valid Minnesota driver's license, permit, or 96.12 identification card, or a receipt for any of these forms, that 96.13 contains your current address; 96.14 b. one document from the list in (i) and one document from 96.15 the list in (ii): 96.16 (i) an original bill in your name for gas, electric, 96.17 telephone, cable television, solid waste, water, or sewer 96.18 services showing your current address and due up to 30 days 96.19 before or after election day; and 96.20 (ii) your Minnesota driver's license or identification 96.21 card, United States passport, United States military 96.22 identification card with your photograph, or Minnesota 96.23 postsecondary student identification card with your photograph; 96.24 c. the signature of a registered voter who lives in your 96.25 precinct; if your witness is registered to vote in your 96.26 precinct, your witness may also vouch for you; 96.27 d. a student identification card, registration card, or 96.28 fee statement that contains the student's current address in the 96.29 precinct; or 96.30 e. a current valid registration in the same precinct. 96.31 Step 4. Show your witness the unmarked ballots. 96.32 Step 5. Mark the ballots in secrecy. If you are disabled 96.33 or otherwise unable to mark the ballots, you may ask your 96.34 witness to assist you. Mark your votes in the manner shown or 96.35 explained at the top of the ballots. Follow the instructions 96.36 under each office that tell you how many votes can be cast and 97.1 do not cast more votes than instructed. Casting more votes than 97.2 instructed for an office will prevent your votes from being 97.3 counted for that office. 97.4 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 97.5 on the ballot. If you are voting in a partisan primary, you may 97.6 only vote for candidates of one party. Voting for candidates in 97.7 more than one party will prevent your partisan ballot from being 97.8 counted. 97.9 If you make an error when marking your ballot, you may 97.10 request a new ballot from the election official from whom you 97.11 received your ballot. If you cannot request a new ballot for 97.12 any reason, completely erase any errors and remark your ballot. 97.13 Step 6. Fold each ballot. Do not put any identifying 97.14 marks on the ballot. 97.15 Step 7. Place all voted ballots in the tan ballot envelope 97.16 and seal the envelope. Do not write on the ballot envelope. 97.17 Step 8. Place the tan secrecy envelope and your completed 97.18 voter registration application into the white ballot return 97.19 envelope and seal the envelope. 97.20 Step 9. Print your name and address and sign your name on 97.21 the back of the white ballot return envelope. The name, 97.22 address, and signature of your witness are required as well. 97.23 Step 10. Return your ballot to the address on the white 97.24 ballot return envelope in one of the following ways: 97.25 a. by mail so it will be delivered by election day; 97.26 b. in person no later than 5:00 p.m. on the day before 97.27 election day; or 97.28 c. by having someone else return your ballot by 3:00 p.m. 97.29 on election day (this person cannot be a candidate and cannot 97.30 return ballots for more than three voters). 97.31 Note: Follow these instructions carefully. An improperly 97.32 completed ballot, or statement of voter or witness, will 97.33 invalidate your votes. If you have any questions, please call 97.34 ........... ." 97.35 Subd. 3. [INSTRUCTIONS FOR REGISTERED VOTERS.] The 97.36 following instructions must be sent to registered absentee 98.1 voters: 98.2 "INSTRUCTIONS TO ABSENTEE VOTERS 98.3 Follow these instructions carefully. 98.4 Before you vote by absentee ballot you must have a witness. 98.5 Step 1. Locate one of the following individuals to serve 98.6 as your witness: 98.7 a. anyone who is registered to vote in Minnesota including 98.8 your spouse or another relative who meets this qualification; 98.9 b. a notary public; or 98.10 c. any person having authority to administer oaths. 98.11 Step 2. Show your witness the unmarked ballots. 98.12 Step 3. Mark the ballots in secrecy. If you are disabled 98.13 or otherwise unable to mark the ballots, you may ask your 98.14 witness to assist you. Mark your votes in the manner shown or 98.15 explained at the top of the ballots. Follow the instructions 98.16 under each office that tell you how many votes can be cast and 98.17 do not cast more votes than instructed. Casting more votes than 98.18 instructed for an office will prevent your votes from being 98.19 counted for that office. 98.20 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 98.21 on the ballot. If you are voting in a partisan primary, you may 98.22 only vote for candidates of one party. Voting for candidates in 98.23 more than one party will prevent your partisan ballot from being 98.24 counted. 98.25 If you make an error when marking your ballot, you may 98.26 request a new ballot from the election official from whom you 98.27 received your ballot. If you cannot request a new ballot for 98.28 any reason, completely erase any errors and remark your ballot. 98.29 Step 4. Fold each ballot. Do not put any identifying 98.30 marks on the ballot. 98.31 Step 5. Place all voted ballots in the tan ballot secrecy 98.32 envelope and seal the envelope. Do not write on the ballot 98.33 envelope. 98.34 Step 6. Place the tan ballot secrecy envelope into the 98.35 white ballot return envelope and seal the envelope. 98.36 Step 7. Print your name and address and sign your name on 99.1 the back of the white ballot return envelope. The name, 99.2 address, and signature of your witness are required as well. 99.3 Step 8. Return your ballot to the address on the white 99.4 ballot return envelope in one of the following ways: 99.5 a. by mail so it will be delivered by election day; 99.6 b. in person no later than 5:00 p.m. on the day before 99.7 election day; or 99.8 c. by having someone else return your ballot by 3:00 p.m. 99.9 on election day (this person cannot be a candidate and cannot 99.10 return ballots for more than three voters). 99.11 Note: Follow these instructions carefully. An improperly 99.12 completed ballot, or statement of voter or witness, will 99.13 invalidate your votes. If you have any questions, please call 99.14 ..........." 99.15 Subd. 4. [PRESIDENTIAL BALLOT RETURN ENVELOPE.] The 99.16 secretary of state must provide the form of the presidential 99.17 ballot return envelope by January 1 of every even-numbered year 99.18 to the county auditor through electronic means. The form of the 99.19 affidavit on the back of the envelope must include spaces for 99.20 the following information: the voter's name, former address in 99.21 Minnesota, including city or town and county, a statement of 99.22 eligibility, the voter's signature, and the date. The statement 99.23 of eligibility must be an affirmation that the voter will be at 99.24 least 18 years old on election day, is a citizen of the United 99.25 States, and is not under court-ordered guardianship of the 99.26 person without retaining the right to vote, has not been found 99.27 by a court to be legally incompetent to vote, and has not been 99.28 convicted of a felony without having civil rights restored, and 99.29 has previously lived in Minnesota and has moved from Minnesota 99.30 to another state within 30 days of a presidential election and 99.31 is not eligible to vote in the state in which the voter now 99.32 resides. 99.33 Sec. 38. [203B.072] [STATEMENT OF ABSENTEE VOTER.] 99.34 Subdivision 1. [FORM.] Except as provided in subdivision 99.35 4, the statement of absentee voter for persons voting under 99.36 sections 203B.04 to 203B.15 must be as follows: 100.1 "TO BE COMPLETED BY VOTER 100.2 VOTER'S NAME (PLEASE PRINT) 100.3 ______________________________________________ 100.4 VOTER'S ADDRESS (PLEASE PRINT) 100.5 ______________________________________________ 100.6 I certify that on election day I will meet all the legal 100.7 requirements to vote by absentee ballot. 100.8 VOTER'S SIGNATURE DATE 100.9 _________________ ______ 100.10 TO BE COMPLETED BY WITNESS 100.11 I certify that the voter 100.12 * showed me the blank ballots before voting; 100.13 * marked the ballots in secrecy or, if physically unable to 100.14 mark the ballots, the ballots were marked as directed by the 100.15 voter; 100.16 * enclosed and sealed the ballots in the secrecy envelope; 100.17 * registered to vote by filling out and enclosing a voter 100.18 registration application in the ballot envelope; and 100.19 * provided proof of residence as indicated below. 100.20 NAME OF WITNESS (PLEASE PRINT) 100.21 __________________________________________ 100.22 ADDRESS OF WITNESS (PLEASE PRINT) 100.23 __________________________________________ 100.24 SIGNATURE OF WITNESS DATE 100.25 _______________________ __________ 100.26 TITLE OF WITNESS (IF AN OFFICIAL) 100.27 _________________________________ 100.28 PROOF OF RESIDENCE USED BY VOTER 100.29 Witness - please check one: 100.30 ( ) MN Driver's License/Permit/ID Card or receipt with 100.31 current address. 100.32 Number: ______________________ 100.33 ( ) Utility bill plus a MN Driver's License/ID Card, U.S. 100.34 passport, U.S. military ID card with picture, or student ID card 100.35 with picture. 100.36 Number: ______________________ 101.1 ( ) Previous registration in the same precinct. 101.2 ( ) Student ID Number: ________________________ 101.3 ( ) Notice of Late Registration from county auditor or 101.4 municipal clerk. 101.5 ( ) Registered voter in the precinct who vouched for 101.6 absentee voter's residence in the precinct. 101.7 (Please complete the next three lines.) 101.8 VOUCHER'S NAME (PLEASE PRINT) 101.9 __________________________________________ 101.10 VOUCHER'S ADDRESS (PLEASE PRINT) 101.11 __________________________________________ 101.12 VOUCHER'S SIGNATURE 101.13 _________________________________" 101.14 Subd. 2. [FIRST TWO LINES.] The county auditor or 101.15 municipal clerk may complete the first two lines of a statement 101.16 of absentee voter form before mailing it to the absent voter by 101.17 printing the name and address of the absent voter or by 101.18 attaching a mailing label. 101.19 Subd. 3. [PRINTING SPECIFICATIONS.] The statement must be 101.20 printed on the right-hand three-fourths of the back of the 101.21 absentee ballot return envelope. The words "TO BE COMPLETED BY 101.22 VOTER" must be printed in no smaller than 12-point type in 101.23 capital letters. The remainder of the statement must be printed 101.24 in no smaller than 8-point medium type. 101.25 Subd. 4. [ALTERNATIVE STATEMENT.] As an alternative, a 101.26 county auditor may print two different versions of the 101.27 statement. One version must be provided to absentee voters not 101.28 previously registered to vote and must be printed as prescribed 101.29 in subdivision 1. An alternate version may be printed in the 101.30 form shown in subdivision 5 and must be provided only to 101.31 absentee voters who are registered to vote at the time of 101.32 application. The statement must be printed according to the 101.33 specifications in subdivision 3. 101.34 Subd. 5. [ALTERNATIVE STATEMENT OF ABSENTEE VOTER 101.35 FORM.] The alternative statement of absentee voter form must be 102.1 as follows: 102.2 "TO BE COMPLETED BY VOTER 102.3 VOTER'S NAME (PLEASE PRINT) 102.4 ______________________________________________ 102.5 VOTER'S ADDRESS (PLEASE PRINT) 102.6 ______________________________________________ 102.7 I certify that on election day I will meet all the legal 102.8 requirements to vote by absentee ballot. 102.9 VOTER'S SIGNATURE DATE 102.10 __________________ _____ 102.11 TO BE COMPLETED BY WITNESS 102.12 I certify that the voter 102.13 * showed me the blank ballots before voting; 102.14 * marked the ballots in secrecy or, if physically unable to 102.15 mark the ballots, the ballots were marked as directed by the 102.16 voter; 102.17 * enclosed and sealed the ballots in the secrecy envelope. 102.18 NAME OF WITNESS (PLEASE PRINT) 102.19 __________________________________________ 102.20 ADDRESS OF WITNESS (PLEASE PRINT) 102.21 __________________________________________ 102.22 SIGNATURE OF WITNESS DATE 102.23 _______________________ __________ 102.24 TITLE OF WITNESS (IF AN OFFICIAL) 102.25 _________________________________" 102.26 Sec. 39. [203B.211] [MILITARY AND OVERSEAS VOTERS.] 102.27 The following instructions must be sent to military and 102.28 overseas absentee voters voting under sections 203B.16 to 102.29 203B.27: 102.30 "INSTRUCTIONS TO ABSENTEE VOTERS 102.31 Follow these instructions carefully: 102.32 Step 1. Mark the ballots in secrecy. Mark your votes in 102.33 the manner shown or explained at the top of the ballots. Follow 102.34 the instructions under each office that tell you how many votes 102.35 can be cast and do not cast more votes than instructed. Casting 102.36 more votes than instructed for an office will prevent your votes 103.1 from being counted for that office. 103.2 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 103.3 on the ballot. If you are voting in a partisan primary, you may 103.4 only vote for candidates of one party. Voting for candidates in 103.5 more than one party will prevent your partisan ballot from being 103.6 counted. 103.7 If you make an error when marking your ballot, you may 103.8 erase any errors and remark your ballot or you may request a new 103.9 ballot from the county auditor from whom you received your 103.10 ballot. If you are outside the United States and have not 103.11 received your replacement ballot within a reasonable time so 103.12 that you can mark your replacement ballot and return it by 103.13 election day, use the federal write-in absentee ballot. 103.14 If you are disabled or otherwise unable to mark the 103.15 ballots, you may have someone assist you. Do not permit any 103.16 other individual to observe the marking of the ballot. 103.17 Step 2. Fold each ballot. Do not put any identifying 103.18 marks on the ballot. 103.19 Step 3. Place all completed ballots in the tan ballot 103.20 secrecy envelope and seal the envelope. Do not write on the tan 103.21 ballot secrecy envelope. Do not permit other individuals to see 103.22 your ballot before sealing the ballot envelope. 103.23 Step 4. Place the tan ballot secrecy envelope into the 103.24 white ballot return envelope and seal the envelope. 103.25 Step 5. Write your military identification number or 103.26 passport number on the back of the white ballot return 103.27 envelope. If you cannot provide your military identification 103.28 number or passport number on the return ballot envelope, you 103.29 must have the signature and certification of a commissioned 103.30 officer of the armed forces or any official authorized to 103.31 administer oaths under federal law or the law of the state of 103.32 Minnesota or other place where the oath is administered. 103.33 Step 6. Print your name and your present or last address 103.34 in Minnesota. Date and sign your name on the back of the white 103.35 ballot return envelope. 103.36 Step 7. Return your ballot to the address on the white 104.1 ballot return envelope by mail or expedited delivery service so 104.2 it will be delivered by no later than election day. 104.3 Note: Follow these instructions carefully. An improperly 104.4 completed ballot or ballot envelope may invalidate your votes. 104.5 If you have any questions, please call ..........." 104.6 Sec. 40. [203B.073] [ABSENTEE BALLOT ENVELOPE.] 104.7 Subdivision 1. [FORM.] The absentee ballot return envelope 104.8 for persons casting an absentee ballot under sections 203B.04 to 104.9 203B.15 must be printed according to the following 104.10 specifications: 104.11 (a) The envelope must be no smaller than 10-3/8 inches by 104.12 4-1/2 inches. 104.13 (b) The words and numbers printed on the left-hand side of 104.14 the envelope must be in no smaller than 12-point bold type. 104.15 (c) The words "ABSENTEE BALLOT RETURN ENVELOPE" printed 104.16 across the face of the envelope must be in no smaller than 104.17 18-point bold type in capital letters. 104.18 (d) The envelope must be white in color with black ink. 104.19 (e) The flap on one end of the back side of the envelope 104.20 may be printed as follows: 104.21 "FOR OFFICE USE ONLY" 104.22 ( ) ACCEPTED ( ) REJECTED Reason: ....... 104.23 Subd. 2. [MAILING ADDRESS.] (a) County auditors and 104.24 municipal clerks must print a mailing address on each return 104.25 envelope mailed or delivered to an absent voter. The address 104.26 block must be located in the lower right one-fourth of the 104.27 envelope. A return envelope may be addressed to the county 104.28 auditor, municipal clerk, or election judges of the precinct in 104.29 which the absent voter is eligible to vote. 104.30 (b) If an auditor has the duty to address envelopes for a 104.31 municipality and the envelopes are to be addressed to the 104.32 election judges, the clerk shall notify the auditor of the 104.33 proper mailing address of each polling place in the 104.34 municipality. The clerk shall immediately notify the auditor of 104.35 every change in the initial notification. 104.36 Subd. 3. [WARD AND PRECINCT NUMBER.] The person mailing or 105.1 delivering absentee ballots to an absent voter must, before 105.2 doing so, fill in the absent voter's ward and precinct number in 105.3 the spaces provided on the left-hand side of the return 105.4 envelope, unless this information is contained on a label that 105.5 has been affixed to the envelope. 105.6 Subd. 4. [RETURN ADDRESS.] A county auditor or municipal 105.7 clerk may affix the return address to the upper left-hand corner 105.8 of the return envelope. 105.9 Subd. 5. [MARKS OR LOGO APPROVED BY UNITED STATES POSTAL 105.10 SERVICE.] Marks or a logo approved by the United States Postal 105.11 Service to identify ballot materials as official election mail 105.12 may be printed on the absentee ballot return envelope. 105.13 Subd. 6. [SAMPLE ENVELOPE LAYOUT.] The secretary of state 105.14 shall provide samples of the layout of the front and back of the 105.15 envelope. 105.16 Sec. 41. [203B.212] [MILITARY AND OVERSEAS VOTERS; 105.17 ENVELOPE.] 105.18 The absentee ballot return envelope for military and 105.19 overseas voters must be printed according to paragraphs (a) to 105.20 (i). 105.21 (a) The envelope may not be more than 11-1/2 inches in 105.22 length nor less than 5-1/2 inches in length. 105.23 (b) The envelope may not be more than 6-1/8 inches in width 105.24 nor less than 3-1/2 inches in width. 105.25 (c) In the upper right-hand corner, a postage symbol and 105.26 box must be imprinted: 105.27 "U.S. Postage Paid 105.28 39 USC 3406" 105.29 (d) The words "PAR AVION" must be printed in 12-point bold 105.30 type in capital letters one-half inch below the postage box. 105.31 (e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL -- 105.32 FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM 105.33 E080" must be printed in 18-point bold type and inside a box. 105.34 (f) The envelope must be white in color with black ink used 105.35 for all printing. 105.36 (g) County auditors or municipal clerks must address the 106.1 return envelope as provided in section 203B.08. 106.2 (h) Facing identification marks must be positioned as 106.3 specified in United States Postal Service instructions for 106.4 facing identification marks. 106.5 (i) Marks approved by the United States Postal Service to 106.6 identify ballot materials may be printed on the absentee ballot 106.7 envelopes. 106.8 (j) The envelope must be signed by the voter and must be 106.9 dated. 106.10 Sec. 42. Minnesota Statutes 2002, section 203B.11, 106.11 subdivision 1, is amended to read: 106.12 Subdivision 1. [GENERALLY.] Each full-time municipal or 106.13 school district clerk who has authority under section 203B.05 to 106.14 administer absentee voting laws shall designate election judges 106.15 to deliver absentee ballots in accordance with this section. 106.16 The county auditormayshall also designate election judges to 106.17 perform the duties in this section if the municipal clerk is not 106.18 designated to perform absentee ballot duties. A ballot may be 106.19 delivered only to an eligible voter who is a temporary or 106.20 permanent resident or patient in a health care facility or 106.21 hospital located in the municipality in which the voter 106.22 maintains residence. The ballots shall be delivered by two 106.23 election judges, each of whom is affiliated with a different 106.24 major political party. When the election judges deliver or 106.25 return ballots as provided in this section, they shall travel 106.26 together in the same vehicle. Both election judges shall be 106.27 present when an applicant completes the certificate of 106.28 eligibility and marks the absentee ballots, and may assist an 106.29 applicant as provided in section 204C.15. The election judges 106.30 shall deposit the return envelopes containing the marked 106.31 absentee ballots in a sealed container and return them to the 106.32 clerk on the same day that they are delivered and marked. 106.33 Sec. 43. Minnesota Statutes 2002, section 203B.12, 106.34 subdivision 2, is amended to read: 106.35 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 106.36 election judges shall examine each return envelope and shall 107.1 mark it accepted or rejected in the manner provided in this 107.2 subdivision. If a ballot has been prepared under section 107.3 204B.12, subdivision 2a, or 204B.41, the election judges shall 107.4 not begin removing ballot envelopes from the return envelopes 107.5 until 8:00 p.m. on election day, either in the polling place or 107.6 at an absentee ballot board established under section 203B.13. 107.7 The election judges shall mark the return envelope 107.8 "Accepted" and initial or sign the return envelope below the 107.9 word "Accepted" if the election judges or a majority of them are 107.10 satisfied that: 107.11 (1) the voter's name and address on the return envelope are 107.12 the same as the information provided on the absentee ballot 107.13 application; 107.14 (2) the voter's signature on the return envelope is the 107.15 genuine signature of the individual who made the application for 107.16 ballots and the certificate has been completed as prescribed in 107.17 the directions for casting an absentee ballot; 107.18 (3) the voter is registered and eligible to vote in the 107.19 precinct or has included a properly completed registration card 107.20 in the return envelope; and 107.21 (4) the voter has not already voted at that election, 107.22 either in person or by absentee ballot. 107.23 The return envelope from accepted ballots must be preserved 107.24 and returned to the county auditor. 107.25 If all or a majority of the election judges examining 107.26 return envelopes find that an absent voter has failed to meet 107.27 one of the requirements prescribed in clauses (1) to (4), they 107.28 shall mark the return envelope "Rejected," initial or sign it 107.29 below the word "Rejected," and return it to the county auditor. 107.30 If more than one return envelope is received and accepted 107.31 from a voter, the ballots in the return envelope bearing the 107.32 latest date must be counted and all other return envelopes 107.33 received from that voter must be returned with the rejected 107.34 ballots. 107.35 Sec. 44. Minnesota Statutes 2002, section 203B.20, is 107.36 amended to read: 108.1 203B.20 [CHALLENGES.] 108.2 Except as provided in this section, the eligibility or 108.3 residence of a voter whose application for absentee ballots is 108.4 recorded under section 203B.19 may be challenged in the manner 108.5 set forth by section 201.195. The county auditor or municipal 108.6 clerk shall not be required to serve a copy of the petition and 108.7 notice of hearing on the challenged voter. If the absentee 108.8 ballot application was submitted on behalf of the voter by an 108.9 individual authorized under section 203B.17, subdivision 1, 108.10 paragraph (a), the county auditor must attempt to notify the 108.11 individual who submitted the application that the voter's 108.12 eligibility has been challenged. All reasonable doubt shall be 108.13 resolved in favor of the validity of the application. If the 108.14 voter's challenge is affirmed, the county auditor shall provide 108.15 the challenged voter with a copy of the petition and the 108.16 decision and shall inform the voter of the right to appeal as 108.17 provided in section 201.195. 108.18 Sec. 45. Minnesota Statutes 2002, section 203B.21, 108.19 subdivision 3, is amended to read: 108.20 Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the 108.21 return envelope an affidavit form shall appear with space for: 108.22(a)(1) the voter's address of present or former residence 108.23 in Minnesota; 108.24(b) A statement indicating the category described in108.25section 203B.16 to which the voter belongs;108.26(c)(2) a statement that the voter has not cast and will 108.27 not cast another absentee ballot in the same election or 108.28 elections; 108.29(d)(3) a statement that the voter personally marked the 108.30 ballots without showing them to anyone, or if physically unable 108.31 to mark them, that the voter directed another individual to mark 108.32 them;and108.33(e)(4) the voter's military identification card number, 108.34 passport number, or, if the voter does not have a valid passport 108.35 or identification card, the signature and certification ofan108.36individual authorized to administer oaths ora commissionedor109.1noncommissionedofficer of themilitary not below the rank of109.2sergeant or its equivalent.armed forces or any official 109.3 authorized to administer oaths under federal law or state law or 109.4 the law of the place where the oath is administered; 109.5 (5) the federal oath. The federal oath prescribed by the 109.6 federal Help America Vote Act is as follows: 109.7 "I swear or affirm, under penalty of perjury, that: 109.8 I am a member of the uniformed services or merchant marine 109.9 on active duty or an eligible spouse or dependent of such a 109.10 member; a United States citizen temporarily residing outside the 109.11 United States; or other United States citizen residing outside 109.12 the United States; and 109.13 I am a United States citizen, at least 18 years of age (or 109.14 will be by the date of the election,) and I am eligible to vote 109.15 in the requested jurisdiction; 109.16 I have not been convicted of a felony, or other 109.17 disqualifying offense, or been adjudicated mentally incompetent, 109.18 or, if so, my voting rights have been reinstated; and 109.19 I am not registering, requesting a ballot, or voting in any 109.20 other jurisdiction in the United States except the jurisdiction 109.21 cited in this voting form. 109.22 In voting, I have marked and sealed my ballot in private 109.23 and have not allowed any person to observe the marking of the 109.24 ballot, except for those authorized to assist voters under state 109.25 or federal law. I have not been influenced. 109.26 My signature and date below indicate when I completed this 109.27 document. 109.28 The information on this form is true, accurate, and 109.29 complete to the best of my knowledge. I understand that a 109.30 material misstatement of fact in completion of this document may 109.31 constitute grounds for a conviction for perjury."; and 109.32 (6) the signature of the voter and the date the affidavit 109.33 was signed. 109.34 Sec. 46. Minnesota Statutes 2002, section 203B.22, is 109.35 amended to read: 109.36 203B.22 [MAILING BALLOTS.] 110.1 The county auditor shall mail the appropriate ballots, as 110.2 promptly as possible, to an absent voter whose application has 110.3 been recorded under section 203B.19. If the county auditor 110.4 determines that a voter is not eligible to vote at the primary 110.5 but will be eligible to vote at the general election, only 110.6 general election ballots shall be mailed. Only one set of 110.7 ballots shall be mailed to any applicant for any election unless 110.8 a set of ballots is spoiled or lost in transit. Ballots to be 110.9 sent outside the United States shall be given priority in 110.10 mailing. A county auditor may make use of any special service 110.11 provided by the United States government for the mailing of 110.12 voting materials under sections 203B.16 to 203B.27. A county 110.13 auditor may use envelopes prepaid by applicants for express or 110.14 similar delivery service. 110.15 Sec. 47. Minnesota Statutes 2002, section 203B.24, is 110.16 amended to read: 110.17 203B.24 [DUTIES OF ELECTION JUDGES.] 110.18 Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER 110.19 EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 110.20 returned as provided in sections 203B.16 to 203B.27, the 110.21 election judges shall compare the voter's name with the names 110.22 appearing on their copy of the application records compiled 110.23 under section 203B.19 to insure that the ballot is from a voter 110.24 eligible to cast an absentee ballot under sections 203B.16 to 110.25 203B.27.Any discrepancy or disqualifying fact shall be noted110.26on the envelope by the election judges.If a voter whose name 110.27 is not on the list submits a ballot, the ballot must be rejected 110.28 and the judge must write the reason for the rejection on the 110.29 envelope. Failure to return unused ballots shall not invalidate 110.30 a marked ballot, but a ballot shall not be counted if the 110.31 affidavit on the return envelopeisdoes notproperly110.32executed.contain the following information: the voter's name, 110.33 signature, current or former address in the precinct, military 110.34 identification number or passport number or signature and 110.35 certification of a commissioned officer of the armed forces or 110.36 any official authorized to administer oaths under federal law or 111.1 state law or other place where the oath is administered. In all 111.2 other respects the provisions of the Minnesota Election Law 111.3 governing deposit and counting of ballots shall apply. 111.4 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 111.5 shall compare the voter's name with the names appearing on their 111.6 copy of the list of persons prepared under section 203B.26 who 111.7 have submitted an applicationrecordsto insure that the voter 111.8 has not already returned a ballot in the election. The election 111.9 judges must indicate on the record whether an absentee ballot 111.10 was accepted for each applicant whose name appears on the 111.11 record. If a voter whose application has been recorded under 111.12 section 203B.19 casts a ballot in person on election day, no 111.13 absentee ballot shall be counted for that voter. If more than 111.14 one return envelope is received from a voter whose application 111.15 has been recorded under section 203B.19, the ballots in the 111.16 return envelope bearing the latest date shall be counted and the 111.17 uncounted ballots shall be returned by the election judges with 111.18 the rejected ballots. The election judges must preserve the 111.19 record and return it to the county auditor or municipal clerk 111.20 with the election day materials. 111.21 Sec. 48. Minnesota Statutes 2002, section 204B.14, 111.22 subdivision 2, is amended to read: 111.23 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 111.24 The following shall constitute at least one election precinct: 111.25 (1) each city ward; and 111.26 (2) each town and each statutory city. 111.27 (b) A single, accessible, combined polling place may be 111.28 established no later than June 1 of any year: 111.29 (1) for any city of the third or fourth class, any town, or 111.30 any city having territory in more than one county, in which all 111.31 the voters of the city or town shall cast their ballots; 111.32 (2) for two contiguous precincts in the same municipality 111.33thatif either of them has fewer than 100 registered voters or 111.34 if they have a combined total of fewer than 500 registered 111.35 voters; or 111.36 (3) for up to four contiguous municipalities located 112.1 entirely outside the metropolitan area, as defined by section 112.2 473.121, subdivision 2, that are contained in the same county. 112.3 A copy of the ordinance or resolution establishing a 112.4 combined polling place must be filed with the county auditor 112.5 within 30 days after approval by the governing body. A polling 112.6 place combined under clause (3) must be approved by the 112.7 governing body of each participating municipality. A 112.8 municipality withdrawing from participation in a combined 112.9 polling place must do so by filing a resolution of withdrawal 112.10 with the county auditor no later than May 1 of any year. 112.11 The secretary of state shall provide a separate polling 112.12 place roster for each precinct served by the combined polling 112.13 place. A single set of election judges may be appointed to 112.14 serve at a combined polling place. The number of election 112.15 judges required must be based on the total number of persons 112.16 voting at the last similar election in all precincts to be 112.17 voting at the combined polling place. Separate ballot boxes 112.18 must be provided for the ballots from each precinct except that 112.19 if a single electronic precinct tabulator is used to count 112.20 ballots in the polling place for multiple precincts, the ballots 112.21 for all precincts may be deposited into the single ballot box of 112.22 the precinct tabulator. The results of the election must be 112.23 reported separately for each precinct served by the combined 112.24 polling place, except in a polling place established under 112.25 clause (2) where one of the precincts has fewer than ten 112.26 registered voters, in which case the results of that precinct 112.27 must be reported in the manner specified by the secretary of 112.28 state. 112.29 Sec. 49. Minnesota Statutes 2002, section 204B.16, 112.30 subdivision 5, is amended to read: 112.31 Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling 112.32 place shall be accessible to and usable by elderly and 112.33 physically handicapped individuals. A polling place is deemed 112.34 to be accessible and usable if it complies with the standards in 112.35 paragraphs (a) to (f). 112.36 (a) At least one set of doors must have a minimum width of 113.13132 inches if the doors must be used to enter or leave the 113.2 polling place. 113.3 (b) Any curb adjacent to the main entrance to a polling 113.4 place must have curb cuts or temporary ramps. Where the main 113.5 entrance is not the accessible entrance, any curb adjacent to 113.6 the accessible entrance must also have curb cuts or temporary 113.7 ramps. 113.8 (c) Where the main entrance is not the accessible entrance, 113.9 a sign shall be posted at the main entrance giving directions to 113.10 the accessible entrance. 113.11 (d) At least one set of stairs must have a temporary 113.12 handrail and ramp if stairs must be used to enter or leave the 113.13 polling place. 113.14 (e) No barrier in the polling place may impede the path of 113.15 the physically handicapped to the voting booth. 113.16 (f) At least one handicapped parking space, which may be 113.17 temporarily so designated by the municipality for the day of the 113.18 election, must be available near the accessible entrance. 113.19 The doorway, handrails, ramps, and handicapped parking 113.20 provided pursuant to this subdivision must conform to the 113.21 standards specified in the State Building Code for accessibility 113.22 by handicapped persons. 113.23 A governing body shall designate as polling places only 113.24 those places which meet the standards prescribed in this 113.25 subdivision unless no available place within a precinct is 113.26 accessible or can be made accessible. 113.27 Sec. 50. Minnesota Statutes 2002, section 204B.18, is 113.28 amended to read: 113.29 204B.18 [POLLING PLACES; EQUIPMENT.] 113.30 Subdivision 1. [BOOTHS.] Each polling place must contain a 113.31 number of voting booths in proportion to the number of 113.32 individuals eligible to vote in the precinct. Each booth must 113.33 be at least six feet high, three feet deep and two feet wide 113.34 with a shelf at least two feet long and one foot wide placed at 113.35 a convenient height for writing.The booth shall be provided113.36with a door or curtains.Each accessible polling place must 114.1 have at least one accessible voting booth or other accessible 114.2 voting station. All booths or stations must be constructed so 114.3 that a voter is free from observation while marking ballots. In 114.4 all other polling placesevery effort must be made to provideat 114.5 least one accessible voting booth or other accessible voting 114.6 station must be provided. During the hours of voting, the 114.7 booths or stations must have instructions, a pencil, and other 114.8 supplies needed to mark the ballots.If needed,A chair must be 114.9 provided for elderly and handicapped voters to use while 114.10 voting or waiting to vote. A writing surface must be available 114.11 for voters to use while filling out forms. All ballot boxes, 114.12 voting booths, voting stations, and election judges must be in 114.13 open public view in the polling place. 114.14 Subd. 2. [BALLOT BOXES FOR PAPER BALLOTS.] Each polling 114.15 place shall be provided with one ballot box for each kind 114.16 of paper ballot to be cast at the election. The boxes shall be 114.17 substantially the same color as the ballots to be deposited in 114.18 them. Each box shall be of sufficient size and shall have a 114.19 sufficient opening to receive and contain all the ballots likely 114.20 to be deposited in it. When buff or goldenrod ballot boxes are 114.21 required, a separate box must be provided for each school 114.22 district for which ballots are to be cast at that polling 114.23 place. The number and name of the school district must appear 114.24 conspicuously on the top of each buff or goldenrod ballot box. 114.25 Sec. 51. Minnesota Statutes 2002, section 204B.25, 114.26 subdivision 3, is amended to read: 114.27 Subd. 3. [TRAINED ELECTION JUDGES; NUMBER REQUIRED.] Each 114.28 election precinct in which less than 100 individuals voted at 114.29 the last state general election shall have at least two election 114.30 judges who are members of different major political parties who 114.31 have received training as required in this section. An election 114.32 judge who has not been trained under subdivision 1 must be 114.33 trained by the head election judge. In every other election 114.34 precinct, no individual may serve as an election judge who has 114.35 not received training as required by subdivision 1. 114.36 Sec. 52. Minnesota Statutes 2002, section 204B.27, 115.1 subdivision 3, is amended to read: 115.2 Subd. 3. [INSTRUCTION POSTERS.] At least 25 days before 115.3 every state election the secretary of state shall prepare and 115.4 furnish to the county auditor of each countyin which paper115.5ballots are used,voter instruction posters printed in large 115.6 typeupon cards oron heavy paper. The instruction posters must 115.7 contain the information needed to enable the voters to cast 115.8 theirpaperballots quickly and correctly and indicate the types 115.9 of assistance available for elderly and handicapped voters. Two 115.10 instruction postersshallmust be furnished for each precinctin115.11which paper ballots are used. The secretary of state shall also 115.12 provide posters informing voters of eligibility requirements to 115.13 vote and of identification and proofs accepted for election day 115.14 registration. Posters furnished by the secretary of state must 115.15 also include all information required to be posted by the Help 115.16 America Vote Act, including: instructions on how to vote, 115.17 including how to cast a vote, instructions for mail-in 115.18 registrants and first-time voters, general information on voting 115.19 rights under applicable federal and state laws and instructions 115.20 on how to contact the appropriate officials if these rights are 115.21 alleged to have been violated, and general information on 115.22 federal and state laws regarding prohibitions on acts of fraud 115.23 and misrepresentation. 115.24 Sec. 53. Minnesota Statutes 2002, section 204B.45, 115.25 subdivision 2, is amended to read: 115.26 Subd. 2. [PROCEDURE.] Notice of the election and the 115.27 special mail procedure must be given at least six weeks prior to 115.28 the election. No earlier than 20 days or later than 14 days 115.29 prior to the election, the auditor shall mail ballots by 115.30 nonforwardable mail to all voters registered in the town or 115.31 unorganized territory. Eligible voters not registered at the 115.32 time the ballots are mailed may apply for ballots as provided in 115.33 chapter 203B. Ballot return envelopes, with return postage 115.34 provided, must be preaddressed to the auditor or clerk and the 115.35 voter may return the ballot by mail or in person to the office 115.36 of the auditor or clerk. The costs of the mailing shall be paid 116.1 by the election jurisdiction in which the voter resides. A 116.2 voter who has been challenged or whose registration is 116.3 incomplete pursuant to section 201.061, subdivision 2, must be 116.4 sent a voter registration application along with the ballot 116.5 materials and a notice that the voter must reregister in order 116.6 to vote. Any ballot received by 8:00 p.m. on the day of the 116.7 election must be counted. 116.8 Sec. 54. [204B.461] [MAIL BALLOTING.] 116.9 Subdivision 1. [SCOPE.] This section applies to mail 116.10 balloting conducted under sections 204B.45 and 204B.46. Except 116.11 as otherwise provided in this section, sections 203B.001 to 116.12 203B.15 also apply to mail balloting. In unorganized territory, 116.13 the county auditor shall perform the duties specified for the 116.14 municipal clerk. 116.15 Subd. 2. [AUTHORIZATION.] The municipal governing body, 116.16 school board, or county board may authorize mail balloting by 116.17 resolution adopted no later than 45 days prior to the first 116.18 election at which mail balloting will be used. If mail 116.19 balloting is adopted pursuant to section 204B.45, the resolution 116.20 remains in effect for all subsequent state and county elections 116.21 until revoked. Revocation of the resolution may occur no later 116.22 than 45 days before the next affected election. Authorization 116.23 to conduct a special election pursuant to section 204B.46 116.24 expires after completion of the election. 116.25 Subd. 3. [NOTICE.] The municipal clerk or school district 116.26 clerk shall notify the county auditor of the adoption or 116.27 discontinuance of mail balloting no later than two weeks after 116.28 adoption or revocation of the resolution. The county auditor 116.29 shall send a similar notice to the secretary of state for 116.30 elections authorized pursuant to section 204B.45. The county 116.31 auditor, municipal clerk, or school district clerk shall post 116.32 notice of mail ballot procedures at least six weeks before each 116.33 election. Notice of mail ballot procedures must include: 116.34 (1) the name or description of the municipality or 116.35 unorganized territory; 116.36 (2) the date of the election and the dates that ballots 117.1 will be mailed; 117.2 (3) a statement that each voter registered by the 21st day 117.3 before the election will be mailed a ballot; 117.4 (4) the times, places, and manner in which voted ballots 117.5 can be returned; 117.6 (5) an explanation of how an eligible voter who is not 117.7 registered may apply for a ballot and how a registered voter who 117.8 will be absent from the precinct may apply to receive the ballot 117.9 at a temporary address; 117.10 (6) the place and time for counting of ballots; and 117.11 (7) the name and address or telephone number of the 117.12 official or office where additional information can be obtained. 117.13 Before the first election at which mail balloting will be 117.14 used or discontinued, notice must also be given by one or more 117.15 of the following means: publication in a newspaper of general 117.16 circulation, posting of notice at public locations within each 117.17 precinct, dissemination of information through the media or at 117.18 public meetings, or mailed notice to registered voters. 117.19 Subd. 4. [MAILING BALLOTS.] The county auditor, municipal 117.20 clerk, or school district clerk shall mail ballots to the voters 117.21 registered in the municipality or unorganized territory. A 117.22 ballot mailing must be sent to each registered voter no earlier 117.23 than 20 or later than 14 days prior to the election. A 117.24 challenged voter must be sent nonregistered materials. 117.25 Ballots must be sent by nonforwardable mail. Ballots for 117.26 eligible voters who reside in health care facilities may be 117.27 delivered as provided in section 203B.11. The ballot mailing 117.28 must be addressed to the voter at the voter's residence address 117.29 as shown on the registration file unless the voter completes an 117.30 absentee ballot request as provided in section 203B.04 or 117.31 203B.16. 117.32 A return envelope, a ballot secrecy envelope, and 117.33 instructions for marking and returning mail ballots must be 117.34 included with the ballots. The instructions may include a 117.35 telephone number or electronic mail address which voters can 117.36 call or write for help in mail voting. At the request of the 118.1 secretary of state, a survey card that the voter can return to 118.2 the secretary of state must also be included. The ballot return 118.3 envelope must be printed with the mail voter's certificate. The 118.4 ballot return envelope must be addressed for return to the 118.5 county auditor, municipal clerk, or school district clerk that 118.6 is conducting the election. First class postage must be affixed 118.7 to the return envelope. 118.8 Subd. 5. [FORM OF INSTRUCTIONS TO MAIL VOTERS.] Mail 118.9 ballots must include the following instructions: 118.10 "INSTRUCTIONS TO MAIL BALLOT VOTERS 118.11 Follow these instructions carefully. 118.12 Before you vote you must have a witness. 118.13 Step 1. Locate one of the following individuals to serve 118.14 as your witness: 118.15 a. anyone who is registered to vote in Minnesota including 118.16 your spouse or another relative who meets this qualification; 118.17 b. a notary public; or 118.18 c. any person having authority to administer oaths. 118.19 Step 2. Show your witness the unmarked ballots. 118.20 Step 3. Mark the ballots in secrecy. If you are disabled 118.21 or otherwise unable to mark the ballots, you may ask your 118.22 witness to assist you. Mark your votes in the manner shown or 118.23 explained at the top of the ballots. Follow the instructions 118.24 under each office that tell you how many votes can be cast and 118.25 do not cast more votes than instructed. Casting more votes than 118.26 instructed for an office will prevent your votes from being 118.27 counted for that office. 118.28 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 118.29 on the ballot. If your are voting in a partisan primary, you 118.30 may only vote for candidates of one party. Voting for 118.31 candidates in more than one party will prevent your partisan 118.32 ballot from being counted. 118.33 If your make an error when marking your ballot you may 118.34 request a new ballot from the election official from whom you 118.35 received your ballot. If you cannot request a new ballot for 118.36 any reason, completely erase any errors and remark your ballot. 119.1 Step 4. Fold each ballot. Do not put any identifying 119.2 marks on the ballot. 119.3 Step 5. Place all voted ballots in the tan colored Ballot 119.4 Secrecy Envelope and seal the envelope. Do not write on this 119.5 envelope. 119.6 Step 6. Place the tan colored ballot secrecy envelope into 119.7 the white ballot return envelope and seal the envelope. 119.8 Step 7. Print your name and address and sign your name on 119.9 the back of the white ballot return envelope. The name, 119.10 address, and signature of your witness are required as well. 119.11 Step 8. Return your ballot to the address on the white 119.12 ballot return envelope by mail so it will be delivered by 119.13 election day or in person or through your designated agent no 119.14 later than 8:00 p.m. on election day. 119.15 If you have questions, please call (...) ...-.... ." 119.16 Subd. 6. [FORM OF MAIL VOTER'S CERTIFICATE.] The mail 119.17 voter's certificate must be as follows: 119.18 "TO BE COMPLETED BY VOTER 119.19 VOTER'S NAME (PLEASE PRINT) 119.20 ___________________________________________ 119.21 VOTER'S ADDRESS (PLEASE PRINT) 119.22 ___________________________________________ 119.23 I certify that on election day I will meet all the legal 119.24 requirements to vote. 119.25 VOTER'S SIGNATURE DATE 119.26 ________________________ _____________ 119.27 TO BE COMPLETED BY WITNESS 119.28 I certify that the voter 119.29 * showed me the blank ballots before voting; 119.30 * marked the ballots in secrecy or, if physically unable to 119.31 mark the ballots, the ballots were marked as directed by the 119.32 voter; and 119.33 * enclosed and sealed the ballots in the secrecy envelope. 119.34 NAME OF WITNESS (PLEASE PRINT) 119.35 ________________________________________ 119.36 ADDRESS OF WITNESS (PLEASE PRINT) 120.1 ________________________________________ 120.2 SIGNATURE OF WITNESS DATE 120.3 _________________________ __________ 120.4 TITLE OF WITNESS (IF AN OFFICIAL) 120.5 ________________________________________" 120.6 Subd. 7. [NONREGISTERED ELIGIBLE VOTERS.] An eligible 120.7 voter who was not registered on the 21st day prior to the 120.8 election may apply for and receive an absentee ballot. Absentee 120.9 voting in precincts using mail balloting must be conducted under 120.10 chapter 203B, except that the time for applying for, receiving, 120.11 and returning absentee ballots is extended until 8:00 p.m. on 120.12 the day of the election. The instructions to absentee voters 120.13 must be those specified in section 203B.21. The statement of 120.14 absentee voter must be that specified in section 203B.072. The 120.15 absentee ballot return envelope must be as specified in section 120.16 203B.073. 120.17 Subd. 8. [REPLACEMENT BALLOTS.] A voter who has spoiled a 120.18 ballot may request a replacement ballot from the official 120.19 conducting the election by completing a replacement mail ballot 120.20 affidavit. The spoiled ballot must be returned to the official 120.21 who issued the ballot, either by mail or in person, before a 120.22 replacement ballot can be issued. The election official must 120.23 put the returned ballot in a spoiled ballot envelope. A 120.24 replacement ballot may also be issued to a voter who signs an 120.25 affidavit stating that the voter did not receive or lost the 120.26 ballot mailed to the voter. The election official shall stamp 120.27 or mark on all replacement ballot return envelopes the words 120.28 "REPLACEMENT BALLOT" and shall maintain a record of all 120.29 replacement ballots issued. 120.30 Subd. 9. [FORM OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The 120.31 replacement mail ballot affidavit must be as follows: 120.32 "REPLACEMENT MAIL BALLOT AFFIDAVIT OF 120.33 _____________________________________ 120.34 (print or type legal name of voter) 120.35 _____________________________________ 121.1 (print or type legal address) 121.2 I certify that 121.3 - I am a resident and eligible voter in 121.4 _____________________________________ 121.5 (name of township or territory) 121.6 - I am requesting a replacement ballot because I spoiled, 121.7 lost, or did not receive the ballot mailed to me; 121.8 - if I spoiled the ballot, I have returned the spoiled 121.9 ballot to the official who issued the ballot or it is enclosed 121.10 with this affidavit; 121.11 - if I receive both ballots or find the first ballot, I 121.12 will destroy the unused ballot and will vote only once; and 121.13 - I understand that voting twice is a felony punishable by 121.14 not more than five years imprisonment and a fine of not more 121.15 than $10,000, or both. 121.16 _____________ ____________________________ 121.17 (date) (legal signature of voter)" 121.18 Subd. 10. [UNDELIVERABLE BALLOTS.] Ballots returned by the 121.19 post office as undeliverable to the voter at the address of 121.20 registration must be securely retained. If the auditor, 121.21 municipal clerk, or school district clerk is able to verify the 121.22 voter's residence at that address, the ballot may be reissued. 121.23 A ballot undeliverable to the voter at the address of 121.24 registration must be considered a returned notice of 121.25 verification as provided in section 201.12, and the voter's 121.26 registration must be challenged. The official conducting the 121.27 election shall maintain a record of all undeliverable ballots. 121.28 If the ballot is returned by the post office with 121.29 notification of the voter's new address within the county, 121.30 municipality, school district, or unorganized territory holding 121.31 the mail election, the auditor or clerk shall resend a ballot to 121.32 the voter along with a voter registration application, an 121.33 absentee ballot return envelope as provided in section 203.073, 121.34 subdivision 1, and a notice explaining the need and the 121.35 procedure to register at the voter's new address. The auditor 121.36 or clerk shall keep a list of individuals who are sent the 122.1 second mailing and will provide a copy of that list to the 122.2 election judges for use in processing the returned ballots. The 122.3 list of voters sent the second mailing will take the place of 122.4 the absentee ballot request form specified in section 203B.041. 122.5 Subd. 11. [RETURNING BALLOTS.] Mail ballots may be 122.6 returned to the official conducting the election by mail, in 122.7 person, or by designated agent. The official conducting the 122.8 election must accept ballots returned in person, or by 122.9 designated agent, until 8:00 p.m. on the day of the election. 122.10 An individual may not be the designated agent of more than three 122.11 voters in one election. 122.12 Subd. 12. [POLLING PLACE AND ELECTION JUDGES.] The only 122.13 polling place required for mail balloting is the office of the 122.14 election official conducting the election. The number of voting 122.15 stations set up in the office of the official conducting the 122.16 election must be sufficient to accommodate the number of voters 122.17 expected to vote in person on election day. On election day, 122.18 the official conducting the election shall provide one or more 122.19 secure drop boxes where voters can deposit return envelopes 122.20 containing ballots. The governing body of the jurisdiction 122.21 conducting the election shall designate a suitable location 122.22 where the election judges can meet on election day to receive 122.23 and count ballots. The location must be open for public 122.24 observation of the counting of ballots. The governing body of 122.25 the jurisdiction conducting the election shall appoint election 122.26 judges as provided in sections 204B.19 to 204B.21. For state 122.27 elections, the county auditor shall appoint election judges for 122.28 mail ballot precincts and shall apportion the cost of the 122.29 election judges among the precincts voting by mail in that 122.30 election. The county auditor may delegate the authority to 122.31 appoint election judges for precincts voting by mail in state 122.32 elections to the municipal clerk. During the day of the 122.33 election at least two election judges must be present at the 122.34 office of the official conducting the election to accept mail 122.35 ballots delivered in person and to process persons registering 122.36 on election day. Additional judges may be appointed as needed. 123.1 If the ballots are to be counted by hand and there are more than 123.2 two questions or one office to be voted on, at least one judge 123.3 must be appointed for the counting of ballots for every 500 123.4 persons from whom ballots are expected to be returned. 123.5 Subd. 13. [RECEIVING AND COUNTING BALLOTS.] On or before 123.6 election day, the election judges shall receive from the county 123.7 auditor, municipal clerk, or school district clerk, returned 123.8 ballots, applications for absentee ballots, affidavits for 123.9 replacement ballots, and the list of voters sent a second 123.10 mailing of the ballot. The judges shall arrange to receive from 123.11 the election official any additional ballots received in the 123.12 mail or returned by a voter prior to 8:00 p.m. on election day. 123.13 Ballots must be transported to the location where ballot 123.14 processing and counting will occur in a sealed transfer case by 123.15 two or more election judges. During the receiving and counting 123.16 of ballots, the ballots must at all times remain in the custody 123.17 of two or more election judges. 123.18 Prior to 8:00 p.m. on election day, the election judges may 123.19 examine the return envelopes, mark them "accepted" or "rejected" 123.20 and remove the ballot envelopes from the "accepted" return 123.21 envelopes. The election judges may check any list of registered 123.22 voters provided by the county auditor or contact the county 123.23 auditor to determine whether a witness who did not provide an 123.24 address is a registered voter and therefore an eligible voter. 123.25 The ballot envelopes must be placed unopened in a locked ballot 123.26 box or other sealed container. At 8:00 p.m. on election day, 123.27 the election judges shall open the ballot box, remove the 123.28 ballots from the ballot envelopes, and count the ballots. 123.29 Subd. 14. [CHALLENGES.] Challengers appointed under 123.30 section 204C.07 may be present while the election judges are 123.31 examining and accepting or rejecting the return envelopes. 123.32 Challenges must be made and determined as provided in section 123.33 204C.13, subdivision 6. 123.34 Subd. 15. [COSTS.] The governing body authorizing mail 123.35 balloting shall pay the costs of the mailing. Costs of mailing 123.36 include postage costs and the costs of printing required 124.1 envelopes, instructions, affidavits, and mailing labels. Other 124.2 expenses must be paid as provided in section 204B.32. 124.3 Subd. 16. [ALTERNATE FORMS.] The secretary of state may 124.4 authorize the alternate use of envelopes and other forms related 124.5 to mail elections. 124.6 Sec. 55. Minnesota Statutes 2002, section 204C.06, 124.7 subdivision 2, is amended to read: 124.8 Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 124.9 Representatives of the secretary of state's office, the county 124.10 auditor's office, and the municipal or school district clerk's 124.11 office may be present at the polling place to observe election 124.12 procedures. Except for these representatives, election judges, 124.13 sergeants-at-arms, and challengers, an individual may remain 124.14 inside the polling place during voting hours only while voting 124.15 or registering to vote, completing a form pursuant to section 124.16 200.04, providing proof of residence for an individual who is 124.17 registering to vote, or assisting a handicapped voter or a voter 124.18 who is unable to read English. During voting hours no one 124.19 except individuals receiving, marking, or depositing ballots 124.20 shall approach within six feet of a voting booth, unless 124.21 lawfully authorized to do so by an election judge. 124.22 (b) Teachers and elementary or secondary school students 124.23 participating in an educational activity authorized by section 124.24 204B.27, subdivision 7, may be present at the polling place 124.25 during voting hours. 124.26 Sec. 56. Minnesota Statutes 2002, section 204C.10, is 124.27 amended to read: 124.28 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 124.29 REGISTRATION.] 124.30 (a) An individual seeking to vote shall sign a polling 124.31 place roster which states that the individual is at least 18 124.32 years of age, a citizen of the United States, has resided in 124.33 Minnesota for 20 days immediately preceding the 124.34 election,certifiesmaintains residence at the address shown, is 124.35 not under a guardianshipof the personin which the individual 124.36 has not retained the right to vote, has not been found by a 125.1 court of law to be legally incompetent to vote or convicted of a 125.2 felony without having civil rights restored, is registered and 125.3 has not already voted in the election. The roster must also 125.4 state: "I understand that deliberately providing false 125.5 information is a felony punishable by not more than five years 125.6 imprisonment and a fine of not more than $10,000, or both." 125.7 (b) A judge may, before the applicant signs the roster, 125.8 confirm the applicant's name, address, and date of birth. 125.9 (c) After the applicant signs the roster, the judge shall 125.10 give the applicant a voter's receipt. The voter shall deliver 125.11 the voter's receipt to the judge in charge of ballots as proof 125.12 of the voter's right to vote, and thereupon the judge shall hand 125.13 to the voter the ballot. The voters' receipts must be 125.14 maintained during the time for notice of filing an election 125.15 contest. 125.16 Sec. 57. Minnesota Statutes 2002, section 204C.12, 125.17 subdivision 4, is amended to read: 125.18 Subd. 4. [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 125.19 PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A 125.20 challenged individual who is found to be ineligible to vote in 125.21 that precinct or who refuses to answer questions or sign a 125.22 polling place roster as required by this section must not be 125.23 allowed to vote and the county auditor must reclassify as 125.24 inactive the record of the challenged individual within 14 days 125.25 following the challenge.A challenged individual who leaves the125.26polling place and returns later willing to answer questions or125.27sign a polling place roster must not be allowed to vote.125.28 Sec. 58. Minnesota Statutes 2002, section 204C.24, 125.29 subdivision 1, is amended to read: 125.30 Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct 125.31 summary statementsshallmust be submitted by the election 125.32 judges in every precinct.For state elections, the election125.33judges shall complete three or more copies of the summary125.34statements, andIn a central counting center, the election 125.35 official in charge shall prepare the summary statements. The 125.36 summary statement must state the name of the county; the name of 126.1 the municipality, school district, or special district; the 126.2 precinct name and code; offices; names of candidates; number of 126.3 persons registered at 7:00 a.m. on election day; number of 126.4 ballots counted; vote totals; and any other data required by the 126.5 secretary of state. Eachcopy shallsummary statement must 126.6 contain the following information for each kind of ballot: 126.7 (a) the number of votes each candidate received, including 126.8 write-in candidates for state or federal office who have 126.9 requested under section 204B.09 that votes for those candidates 126.10 be tallied, or the number of yes and no votes on each question, 126.11 the number of undervotes or partially blank ballots, and the 126.12 number of overvotes or partially defective ballots with respect 126.13 to each office or question; 126.14 (b) the number of totally blank ballots, the number of 126.15 totally defective ballots, the number of spoiled ballots, and126.16the number of unused ballots; 126.17 (c) the number of individuals who voted at the election in 126.18 the precinct; 126.19 (d) the number of voters registering on election day in 126.20 that precinct;and126.21 (e) the number of regular absentee ballots; 126.22 (f) the number of military and overseas absentee ballots; 126.23 (g) the number of registered voters in the precinct as of 126.24 7:00 a.m. on election day; 126.25 (h) the number of ballots on hand as of 7:00 a.m., the 126.26 number of spoiled ballots, the number of unused ballots, the 126.27 number of ballots in the envelope marked "ballots for which 126.28 duplicates were made," and the number of ballots that were 126.29 printed at or delivered to the precinct during election day; and 126.30 (i) the signatures of the election judges who counted the 126.31 ballots certifying that all of the ballots cast were properly 126.32 piled, checked, and counted; and that the numbers entered by the 126.33 election judges on the summary statements correctly show the 126.34 number of votes cast for each candidate and for and against each 126.35 question. The summary statement may be a computer printout, a 126.36 tape produced by a vote tabulator, or a form designated by the 127.1 secretary of state. The summary statement must include the 127.2 tally of write-in votes counted under section 204B.09. 127.3 For state elections, the election judges shall complete 127.4 three or more copies of the summary statement. At least two 127.5 copies of the summary statement must be prepared for elections 127.6 not held on the same day as the state elections. The summary 127.7 statements must be certified to the official conducting the 127.8 election. The official conducting the election shall prepare 127.9 one summary statement for each jurisdiction canvassing the 127.10 results of the election. For state elections, the county 127.11 auditor shall forward a summary statement to the secretary of 127.12 state together with two copies of the county canvassing board 127.13 report. The official conducting the election may authorize the 127.14 printing of copies of the summary statement for public 127.15 information purposes. The official conducting the election 127.16 shall prepare copies of any additional forms required by the 127.17 secretary of state. 127.18 Authorized personnel in each county must enter data 127.19 contained on the summary statements into the election reporting 127.20 system for the purpose of state reporting of the election 127.21 results. 127.22 Sec. 59. [204C.275] [INSPECTION OF POLLING PLACE ROSTERS.] 127.23 An individual who asks to inspect a polling place roster 127.24 used on election day must provide the county auditor with 127.25 identification and a written request stating the information 127.26 required by section 201.091, subdivision 4. Before fulfilling 127.27 the request for inspection, the auditor must conceal the month 127.28 and day of birth of each person on the roster. Before 127.29 fulfilling the request for inspection, the auditor must conceal 127.30 the address of any voter whose registration is under 127.31 court-ordered protection pursuant to section 201.091. 127.32 Sec. 60. [204C.255] [PROCEDURES FOLLOWING CLOSE OF POLLS.] 127.33 Subdivision 1. [BALLOTS NOT ISSUED, SECURED.] All ballots 127.34 that are not issued to voters must be secured for return to the 127.35 official in charge of the election for the election jurisdiction. 127.36 Subd. 2. [TOTAL NUMBER OF VOTERS.] The total number of 128.1 voters, determined pursuant to section 204C.20, subdivision 1, 128.2 must be entered on the summary statement. 128.3 Sec. 61. [204C.245] [CERTIFICATE OF ELECTION JUDGES.] 128.4 The election judges shall sign a "certificate of election 128.5 judges." The certificate must state: 128.6 (1) the number of persons voting as shown on the summary 128.7 statement; 128.8 (2) that the order of the offices and questions to be voted 128.9 on and the candidates' names on the ballots were the same as on 128.10 the sample ballot and zero tape, if applicable; 128.11 (3) the number of ballots being submitted for tabulation or 128.12 the number of ballots in the transfer case; 128.13 (4) that the ballots have been counted and agree with the 128.14 number of names as shown on the summary statement or that any 128.15 discrepancy has been noted on the incident report; 128.16 (5) the number of excess ballots, if any; 128.17 (6) that all ballots requiring duplication are in the 128.18 proper envelope; 128.19 (7) that all write-in votes counted on election night have 128.20 been properly recorded; 128.21 (8) that all ballots used in the election and all ballots 128.22 that have been or need to be duplicated have been placed in the 128.23 transfer case or envelope, and that the case was securely sealed 128.24 in such a manner as to render it impossible to open the case 128.25 without breaking the seal; 128.26 (9) the numbers of any seals used to seal the transfer case 128.27 or cases, boxes, or envelopes containing ballots; 128.28 (10) that the national flag of the United States was 128.29 displayed on a suitable staff during voting hours; and 128.30 (11) if the ballots were counted by hand, that all of the 128.31 ballots cast were properly filed, checked, and counted. 128.32 The certification must provide space for signatures of all 128.33 the election judges attesting to the information on the 128.34 certification. 128.35 Sec. 62. [204C.125] [EMERGENCY VOTING CARD.] 128.36 If a voter who has registered prior to an election day is 129.1 challenged because the voter's name does not appear on the 129.2 polling place roster of the precinct in which the voter desires 129.3 to vote, the voter may register on that election day by 129.4 following the election day registration procedures in section 129.5 201.061. Or, if it appears upon examination that the voter's 129.6 name was erroneously omitted from the roster, the voter must be 129.7 permitted to vote in the precinct after completing the required 129.8 name and address information and signing the oath on the polling 129.9 place roster. The judges shall note on the list that the voter 129.10 was permitted to vote pursuant to instructions from the county 129.11 auditor and two judges shall initial the entry. 129.12 Sec. 63. Minnesota Statutes 2002, section 204C.28, 129.13 subdivision 1, is amended to read: 129.14 Subdivision 1. [COUNTY AUDITOR.] Every county auditor 129.15 shall remain at the auditor's office to receive delivery of the 129.16 returns, to permit public inspection of the summary statements, 129.17 and to tabulate the votes until all have been tabulated and the 129.18 results made known, or until 24 hours have elapsed since the end 129.19 of the hours for voting, whichever occurs first. Every county 129.20 auditor shall keep a book in which, in the presence of the 129.21 municipal clerk or the election judges who deliver the returns, 129.22 the auditor shall make a record of all materials delivered, the 129.23 time of delivery, and the names of the municipal clerk or 129.24 election judges who made delivery. The county auditor shall 129.25 file the book and all envelopes containing ballots in a safe and 129.26 secure place with envelope seals unbroken. Access to the book 129.27 and ballots shall be strictly controlled. Accountability and a 129.28 record of access shall be maintained by the county auditor 129.29 during the period for contesting elections, or, if a contest is 129.30 filed, until the contest has been finally determined. 129.31 Thereafter, the book shall be retained in the auditor's office 129.32 for the same period as the ballots as provided in section 129.33 204B.40. 129.34 The county auditor shall file all envelopes containing 129.35 ballots in a safe place with seals unbroken. If the envelopes 129.36 were previously opened by proper authority for examination or 130.1 recount, the county auditor shall have the envelopes sealed 130.2 again and signed by the individuals who made the inspection or 130.3 recount. The envelopes may be opened by the county canvassing 130.4 board if necessary to procure election returns that the election 130.5 judges inadvertently may have sealed in the envelopes with the 130.6 ballots. In that case, the envelopes shall be sealed again and 130.7 signed in the same manner as otherwise provided in this 130.8 subdivision. 130.9 Sec. 64. Minnesota Statutes 2002, section 204D.06, is 130.10 amended to read: 130.11 204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 130.12 At least 42 days before a state primary, the secretary of 130.13 state shall certify to the county auditors the names of all 130.14 candidates who have properly filed affidavits of candidacy with 130.15 the secretary of state and who will be voted for in their 130.16 respective counties at that primary. The secretary of state may 130.17 comply with this requirement electronically. 130.18 Sec. 65. Minnesota Statutes 2002, section 204D.23, 130.19 subdivision 4, is amended to read: 130.20 Subd. 4. [FILING WITH THE SECRETARY OF STATE; 130.21 CERTIFICATION.] Within 24 hours after the filings have closed, 130.22 the secretary of state shall certify to the county auditors the 130.23 names of the candidates who have filed with the secretary of 130.24 state and who will be voted for in those counties at the special 130.25 primary. The secretary of state may comply with this 130.26 requirement electronically. 130.27 Sec. 66. [205.135] [ELECTION RESULTS REPORTING SYSTEM; 130.28 CANDIDATE FILING.] 130.29 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 130.30 scheduled municipal elections held in an even-numbered year, the 130.31 municipal clerk must provide the offices and questions to be 130.32 voted on in the municipality and the list of candidates for each 130.33 office to the county auditor for entry into the election results 130.34 reporting system provided by the secretary of state no later 130.35 than 46 days prior to the election. The county auditor may 130.36 delegate at the request of the municipality the duty to enter 131.1 the information into the system to the municipal clerk. 131.2 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 131.3 municipal elections held in an odd-numbered year, the municipal 131.4 clerk or county auditor must enter the offices and questions to 131.5 be voted on in the municipality and the list of candidates for 131.6 each office into the election results reporting system no later 131.7 than 46 days prior to the election if the county auditor or 131.8 municipal clerk has notified the secretary of state of intent to 131.9 use the election results reporting system for the election. 131.10 Sec. 67. [205.187] [ELECTION RESULTS REPORTING SYSTEM; 131.11 PRECINCT VOTES.] 131.12 For regularly scheduled municipal elections held in 131.13 November of an even-numbered year, the county auditor shall 131.14 enter the votes in each precinct for the questions and offices 131.15 voted on in the municipal election into the election results 131.16 reporting system provided by the secretary of state. 131.17 For regularly scheduled municipal elections held in an 131.18 odd-numbered year, the municipal clerk or county auditor must 131.19 enter the votes in each precinct for the offices and questions 131.20 voted on in the municipality into the election results reporting 131.21 system provided by the secretary of state if the county auditor 131.22 or municipal clerk has notified the secretary of state of intent 131.23 to use the election results reporting system for the election. 131.24 Sec. 68. [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 131.25 CANDIDATE FILING.] 131.26 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 131.27 scheduled school district elections held in an even-numbered 131.28 year, the school district clerk must provide the offices and 131.29 questions to be voted on in the school district and the list of 131.30 candidates for each office to the county auditor for entry into 131.31 the election results reporting system provided by the secretary 131.32 of state no later than 46 days prior to the election. 131.33 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 131.34 school district elections held in an odd-numbered year, the 131.35 school district clerk or county auditor must enter the offices 131.36 and questions to be voted on in the school district and the list 132.1 of candidates for each office into the election results 132.2 reporting system no later than 46 days prior to the election if 132.3 the county auditor or school district has notified the secretary 132.4 of state of intent to use the election results reporting system 132.5 for the election. 132.6 Sec. 69. [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 132.7 PRECINCT VOTES.] 132.8 For regularly scheduled school district elections held in 132.9 an even-numbered year, the county auditor shall enter the votes 132.10 in each precinct for the questions and offices voted on in the 132.11 school district election into the election results reporting 132.12 system provided by the secretary of state. 132.13 For regularly scheduled school district elections held in 132.14 an odd-numbered year, the school district clerk or county 132.15 auditor must enter the votes in each precinct for the offices 132.16 and questions voted on in the school district into the election 132.17 results reporting system if the county auditor or municipal 132.18 clerk has notified the secretary of state of intent to use the 132.19 election results reporting system for the election. 132.20 Sec. 70. Minnesota Statutes 2002, section 204C.13, is 132.21 amended by adding a subdivision to read: 132.22 Subd. 8. [SPOILED BALLOTS.] If a voter spoils a ballot by 132.23 inadvertently defacing it or requests a new ballot, the voter 132.24 shall hand the ballot to the election judge. The election judge 132.25 may only look at the portion of the ballot containing precinct 132.26 information in order to determine what style of replacement 132.27 ballot to give the voter. The election judge shall place the 132.28 ballot in the spoiled ballot envelope and give the voter another 132.29 ballot. 132.30 Sec. 71. Minnesota Statutes 2002, section 206.56, 132.31 subdivision 7, is amended to read: 132.32 Subd. 7. [COUNTING CENTER.] "Counting center" meansa132.33place selected by the governing body of a municipalitythe area 132.34 in a polling place where an electronic voting system is used for 132.35 the automatic processing and counting of ballots cast in that 132.36 polling place. For ballots cast pursuant to section 204B.45 or 133.1 204B.46, "counting center" means a place selected by the 133.2 governing body of a municipality where an electronic voting 133.3 system is used for the automatic processing and counting of 133.4 ballots. 133.5 Sec. 72. Minnesota Statutes 2002, section 206.64, 133.6 subdivision 1, is amended to read: 133.7 Subdivision 1. [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 133.8 VOTING.] Each electronic voting system booth must be placed and 133.9 protected so that it is accessible to only one voter at a time 133.10 and is in full view of all the election judges and challengers 133.11 at the polling place. The election judges shall admit one 133.12 individual at a time to each booth after determining that the 133.13 individual is eligible to vote. Voting by electronic voting 133.14 system must be secret, except for voters who need assistance. A 133.15 voter may remain inside the voting booth forthree minutesa 133.16 reasonable time. A voter who refuses to leave the voting booth 133.17 afterthree minutesa reasonable time must be removed by the 133.18 election judges. In no case may the time limit be construed to 133.19 be less than three minutes. No time limit applies to a voter 133.20 using assistive voting technology. 133.21 Sec. 73. Minnesota Statutes 2002, section 375.101, is 133.22 amended by adding a subdivision to read: 133.23 Subd. 1a. [APPOINTMENTS TO FILL VACANCIES.] In addition to 133.24 the events set forth in subdivision 3, a vacancy in the office 133.25 of county commissioner occurring as a result of the death of the 133.26 commissioner may be filled by board appointment at a regular or 133.27 special meeting. The appointment shall be evidenced by a 133.28 resolution entered in the minutes and shall continue until an 133.29 election is held under this subdivision. All elections to fill 133.30 vacancies shall be for the unexpired term. If the vacancy 133.31 occurs before the first day to file affidavits of candidacy for 133.32 the next county general election and more than two years remain 133.33 in the unexpired term, a special election shall be held in 133.34 conjunction with the county general election. The appointed 133.35 person shall serve until the qualification of the successor 133.36 elected to fill the unexpired part of the term at that special 134.1 election. If the vacancy occurs on or after the first day to 134.2 file affidavits of candidacy for the county general election, or 134.3 when less than two years remain in the unexpired term, there 134.4 shall be no special election to fill the vacancy and the 134.5 appointed person shall serve the remainder of the unexpired term 134.6 and until a successor is elected and qualifies at the county 134.7 general election. 134.8 Sec. 74. [REPEALER.] 134.9 (a) Minnesota Statutes 2002, section 203B.02, subdivision 134.10 1a, is repealed. 134.11 (b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700; 134.12 8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 134.13 8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 134.14 8210.0200; 8210.0225; 8210.0500; 8210.0600; 8210.0700; 134.15 8210.0800; 8210.2300; 8210.2400; 8210.3000; 8230.2150; 134.16 8230.3950; and 8230.4050; 8230.4390, are repealed. 134.17 Sec. 75. [EFFECTIVE DATE.] 134.18 Sections 1 to 70 and sections 72 and 74 are effective the 134.19 day following final enactment. 134.20 Section 71 is effective July 1, 2006.